Interpretation ID: nht79-1.13
DATE: 03/22/79
FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA
TO: Yamaha Motor Corporation USA
TITLE: FMVSS INTERPRETATION
TEXT:
MAR 22 1979 NOA-30
Mr. Michael J. Schmitt Counsel, Engineering Division Yamaha Motor Corporation USA P.O. Box 6620 Buena Park, California 90622
Dear Mr. Schmitt:
This is in reply to your letter of February 22, 1979, with respect to Yamaha's plan to equip its motorcycles with a hazard warning signal system.
You have cited S4.5.5 of Standard No. 108 which requires that the hazard warning signal "operate independently of the ignition or equivalent switch". Because of the ease with which such a switch can be operated on an open vehicle such as a motorcycle by a person other than the vehicle operator, you would like to integrate the warning system with the ignition switch, so that it will flash when the ignition is in the "on" or "off" position, but not the "off-lock" position unless the key is inserted.
As you noted, the Standard does not require that a motorcycle be equipped with a hazard warning system. Should you voluntarily install the system on a motorcycle, there is no legal requirement that it conform to the requirements specified in Standard No. 108. Because of this, although we appreciate your wish to meet the requirements of the standard, we offer no opinion on your system and are willing to defer to your judgment in this matter.
We are confident that Yamaha would not install such a system without insuring that the charging system has an adequate capacity, otherwise, the turn signal system might be viewed as "additional ... motor vehicle equipment ... that impairs the effectiveness" of required lighting equipment, within the prohibition of S4.1.3.
Sincerely,
Frank Berndt Acting Chief Counsel
February 22, 1979
Mr. Joseph J. Levin Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590
Dear Mr. Levin:
The purpose of this correspondence is to gain a regulatory interpretation from your office relative to Federal Motor Vehicle Safety Standard 108. Yamaha is exploring the possibility of voluntarily incorporating a hazard warning system for motorcycle application. Hazard warning systems are not required on motorcycles pursuant to FMVSS 108.
FMVSS 108 S4.5.5 requires that the hazard warning signal operating unit "operate independently of the ignition or equivalent switch". It is feared that because a motorcycle is not enclosed and that control access cannot be precluded by locking, such as with other vehicles, passerbys may intentionally activate the system. This mischief will discharge the battery and cause unneeded attention which may be adverse to safety.
We would like to inquire as to the permissibility of the following concept. The vehicle will have a three position ignition switch (On, Off, Off-Lock). The hazard warning system will be capable of activation in the On and Off position. The hazard warning system will not operate in the Off-Lock position unless the key is inserted. The steering column is also locked when in this position.
Although such hazard warning devices are not required, we are reluctant to incorporate a system which does not comply with standards applicable to other vehicle types. We believe that motorcycles need such a switch system to preclude unauthorized activation. It is submitted that S4.5.5 is a viable requirement so other vehicle owners can activate the flashers and lock and leave the vehicle. A motorcycle operator under our proposed concept could leave the switch in "Off" position, remove the key, and activate the flasher.
We believe that our concept fulfills the intent underlying S4.5.5. We respectfully solicit your concurrence in this matter.
Thank you for your consideration in this matter.
Sincerely,
Michael J. Schmitt Counsel Engineering Division
MJS:kc