Interpretation ID: nht81-3.15
DATE: 09/04/81
FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA
TO: Vector Cars
TITLE: FMVSR INTERPRETATION
TEXT: This is in reply to your letter of August 6, 1981, asking "for a 12 month exemption from FMVSS 205 (windshield glass AS-1), exemption to apply to our (one) experimental prototype car only".
Our exemption procedures would not really be responsive to your situation. They are intended for noncomplying series production where immediate compliance would cause substantial economic hardship, where an innovative safety device or low-emission propulsion system is being developed, or where an equivalent overall level of safety is being provided. Most importantly, as you need immediate relief, the process from receipt of petition, through a public comment period, to final action takes about 4 months.
Under our importation regulation, 19 CFR 12.80(b)(i)(vii) a manufacturer is permitted to import noncomplying motor vehicles for purposes of test or experiment, and operate them on the public roads for a period of one year, upon submission of information concerning the purpose of the test, the anticipated amount of road time, and the intended disposition of the vehicle at the end of the test period. The purpose of this exception is to encourage innovation. Although no comparable exception is provided under our regulation for vehicles that are not imported, in balancing considerations of safety (noncompliance of one Vector windshield with Standard No. 205) with the policy of encouraging small businesses and innovation, we have decided that the technical violation of the National Traffic and Motor Vehicle Safety Act involved in this instance (introduction of a nonconforming vehicle into interstate commerce), is not one which the agency would pursue. You have informed us that the Vector requires immediate development of an emission control program, that the vehicle will not be sold, and that when a conforming windshield is received it will be installed. Under the circumstances of your case we have concluded that the same exception that would be available were the car imported, should be made available to a vehicle of domestic manufacture.
SINCERELY,
VECTOR CARS
August 6, 1981
Frank Berndt Chief Counsel National Highway Traffic Safety Administration
Dear Mr. Berndt:
Confirming a telephone conversation with Miss Joan Griffin and a gentleman attorney of your office, on August 6, 1981, we wish to petition for a 12 month exemption from FMVSS 205 (windshield glass AS-1), exemption to apply to our (one) experimental prototype car only.
We are currently developing a vehicle known as the VECTOR, the production version will be aimed at the prestigious GT market, historically dominated by foreign cars.
We request this exemption for the following reasons explained in more detail in the attached letter to Capt. King of the California Highway Patrol, P.O. Box 898, Sacramento, CA 95804.
1. We have secured an experimental permit Executive order C-170, July 1981, to allow development of our emission controls for period of 12 months.
2. Our emission controls program spans a full year and it requires the vehicle to driven on the California highways for this period.
3. Lead time to obtain a legal AS-1 glass windshield to fit our vehicle is approximately 6 months. This span subtracts from our 12 month CARB permit and leaves insufficient time to complete our program
(Graphics omitted) and obtain Emission Certificate.
4. Windshield production tooling is expensive and dependent on final production configuration. This configuration should "firm up" within the next 6 months. Tooling expenditure prior the this point would be in jeopardy of being wasted. In any case, as soon as a legal AS-1 glass can be obtained for the prototype it will be immediately installed and the plastic windshield will no longer be used.
5. The success of the VECTOR CARS program is considerably influenced by our investor who requires the vehicle to be registered by the State of California.
6. The limited use of the car negates, in a practical sense, the basic restriction to plastic as a windshield material, (the optical degeneration due to abrasion), since the wipers will seldom, if ever, be used.
7. The car will be driven by professional drivers and no safety hazards are planned in our testing program.
8. The car is a prototype and will not be sold.
In our conversation with Capt. King of the California Highway Patrol on August 6, 1981, (916-445-1865) he indicated that California would honor the NHTSA exemption. A letter from your office indicating the granting of the exemption would allow us to clear the (Illegible Word) obstacle with the California Highway Patrol in obtaining a California license.
If there is any thing more needed from us to expidite the granting of this petition, please do not hesitate to call me.
Jerry Wiegert President
July 30, 1981
Capt. C. E. King Commercial and Technical Section California Highway Patrol
Dear Capt. King:
We wish to request an experimental permit allowing the use of a polycarbonate plastic windshield in our prototype vehicle, the VECTOR W2 TWIN-TURBO.
We are currently involved in the development of an experimental prototype vehicle known as the VECTOR. This is to become a limited production sports car aimed at the prestigious GT market segment which has too long been dominated by foreign cars.
The newly completed prototype is a result of 8 years of research and it has already received a tremendous amount of publicity through both television and automotive journals internationally. Previously, we have trailered the car to track testing sights and to shows. However, we have come to the point in time where we need to have the car registered for use on California highways. This is necessary for several reasons: One is that we have already established an emissions testing program that requires operation funding for our program that requires operation of the vehicle on the highway. Secondly, any further funding for our program hinges on our investor's request to register the car with the State of California.
Our present problem is that the car meets all Federal and State requirements except for one-the plastic windshield. We of course will use an AS-1 glass windshield in our production cars, but, as you may know, glass tooling demands an extremely long tooling time and requires a large capital investment. We cannot secure the funds to pay for the tooling without first registering the car, and we cannot delay the emissions testing program.
We have already secured an experimental permit from the California Air Resources Board, executive order C-170, July 1981, to allow development of our emissions controls for a period of 12 months.
Our glass manufacturer has indicated a lead time of 6 months. Even if we had the funds now for the glass tooling, there would not be enough time to conduct our emissions work. If we have to wait until the glass windshield is installed, approximately 6 months from now.
As we understand it, from the technical viewpoint, the polycarbonate windshield (which is approved for aircraft use), is adequate for all safety requirements except on, the degradation of optical qualities caused by windshield wipers and other abrasions.
In our case the car will see limited street usage and will only be driven by a few qualified professional drivers. It will not be operated in inclement weather, negating the use of the windshield wipers which are installed on the car. Plus, the screen has a special coating to eliminate abrasions.
Since this vehicle is a prototype only and will not be sold, we would like to request your permission to obtain a temporary exemption (12 months) based on the responsibility of engineering and safety design done thus far, the VECTOR W2 is the safest production sports car ever designed for the street.
If you have any further questions, please do not hesitate to call me so that we can expedite this matter as soon as possible.
Jerry Wiegert President
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
August 10, 1981
File No.: 62.A3020.A4889
Jerry Wiegert Vehicle Design Force Vector Cars Division
Dear Mr. Wiegert:
We cannot issue the experimental permit requested in your letter of July 30, 1981, for the temporary use of a plastic windshield in your prototype vehicle. Experimental permits issued pursuant to Vehicle Code 26106 are for the purpose of gathering data to support changes to statute or regulations. Issuing a permit for the purpose you requested would not be consistent with the intent of law.
Standards adopted by National Highway Traffic Safety Administration (NHTSA) require glass type glazing complying with Federal Motor Vehicle Safety Standards (FMVSS) 205 in windshields and other windows of all motor vehicles. You may wish to petition NHTSA for an exemption from FMVSS 205. Petitions should be directed to the U. S. Department of Transportation, NHTSA, Office of Standards Enforcement, Washington, D.C. 20590.
Although we would oppose such an exemption on the basis of the safety issue involved, we would have no choice but to allow the vehicle to operate in California once the exemption is granted.
C. E. KING, Captain Commander Commercial and Technical Services Section