Interpretation ID: nht94-3.14
TYPE: INTERPRETATION-NHTSA
DATE: May 31, 1994
FROM: Scott R. Dennison -- Consultant, Excalibur Automobile Corporation
TO: Administrator -- US Department of Transportation, NHTSA
TITLE: None
ATTACHMT: Attached to letter dated 7/20/94 from John Womack to Scott R. Dennison (A42; PART 555)
TEXT: Please find enclosed, three copies of the application for exemption on behalf of the Excalibur Automobile Corporation for the standard entitled, Petition For Exemption From The Requirements of FMVSS 208 Paragraph S4.1.4 Automatic Protection Systems.
The petition is written according to the guidelines set forth in 49CFR, part 555 entitled, Temporary Exemption From Motor Vehicle Safety Standards.
I trust that you will find the petition acceptable, however, should you have any questions or require any further clarification, I may be reached at 414-771-7171 or by fax a 414-771-8941.
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PETITION OF TEMPORARY EXEMPTION FROM THE REQUIREMENTS OF F.M.V.S.S. 208 PARAGRAPH S4.1.4 AUTOMATIC PROTECTION SYSTEMS
Prepared by: Scott R. Dennison
Consultant to: Excalibur Automobile Corporation 1735 S. 106th Street Milwaukee, WI 53214 414-771-7171 Fax: 414-771-8941
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This petition is made according to the guidelines set down in 49CFR, Part 555, entitled 'Temporary Exemption From Motor Vehicle Safety Standards'.
555.5 PETITION FOR EXEMPTION
This petition for temporary exemption from the requirements of FMVSS 208 is based on the inability of the low volume manufacturer, Excalibur Automobile Corporation, to obtain safety components necessary to produce a compliant vehicle.
555.5.(3)
Applicant: Excalibur Automobile Corporation 1735 S. 106th Street Milwaukee, WI 53214
Telephone: 414-771-7171 Telefax: 414-771-8941 Organization: Corporation
State: Wisconsin
555.5.(4)
Standard from which exemption is sought: FMVSS 208, paragraph S4.1.4 requiring an automatic vehicle protection system.
Desired length of exemption: One year from date of approval
Model for which exemption is sought: Excalibur Cobra 427
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The basis for this petition for temporary exemption from FMVSS 208 on behalf of Excalibur Automobile Corporation and its model, the Cobra 427, is founded in the fact that Excalibur is unable to design, purchase, joint venture, contract for, or otherwise obtain the necessary components to fit air bag restraint systems in this vehicle.
Since the inception of this replica of the classic Shelby Cobra 427, Excalibur has tried to find a source for the necessary air bag components in order to fit them to the vehicle. A firm in Arizona was contacted in December of 1993 as they had claimed t o have an air bag system designed to retro-fit to older vehicles as well as limited production vehicles. The company, BST of Phoenix Arizona even had displayed the system at the 1993 SEMA show in Las Vegas.
Excalibur was continually advised that the system existed, had been sold in great quantity to a major airline and would be available within weeks. Groundwork for a joint development program was discussed with Excalibur to be the first small manufacturer to use the bags as OE on their Cobra. The system has never been released to Excalibur nor to anyone Excalibur is aware of to date.
In parallel to the ongoing negotiations with BST regarding air bag systems, Breed Technologies was contacted to develop a program for the creation of a system for Excalibur. Months of telephone contact yielded no results. To the extreme that eventually , project leaders at Breed refused to even take time to quote a development project as the ultimate volumes possible would not be worthwhile to Breed to justify such a project. No other sources of air bag technology have been found as alternatives for E xcalibur.
Equivalent Safety
Excalibur's Cobra 427 has a Type II manual seat belt system in place which meets all standards for such type systems. Model year 1994 offers three convertible vehicles which do not have air bag systems but offer passive belt systems and therefore are fo und to be compliant. These vehicles are the Dodge Viper, the Nissan 240 SX, and the Plymouth Sunbird. Although these systems meet the letter of the law, all require long belts which remain attached to the door when opened requiring the driver and passe nger to slide under the belts in order for them to be "passive". All real world experience has shown these type systems to be awkward and undesirable to the consumer when used in convertible model vehicles. The ability to "dis-able" these systems be me rely unbuckling the belt has virtually converted these systems to conventional Type II seat belt systems.
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It is based on this logic that Excalibur Automobile Corporation maintains that their Cobra 427 provides a level of safety equivalent to these three compliant model vehicles.
Exceptional Safety Features
Excalibur Automobile Corporation offers a high strength roll over bar as standard equipment on the Cobra 427 to enhance the over level of safety for the general public in the event of a roll over type crash.
In addition, the materials used in the construction of the Cobra frame and steel components far exceeds any used in conventional automobile manufacturing. For instance, the door hinge system incorporated in the Excalibur Cobra has been tested to exceed the FMVSS by over four times the required strength.
Substantiation
There is no claim by Excalibur that the vehicle would be unsalable by compliance with the standard but merely that Excalibur does not posses the technology and to date, cannot purchase the technology required to comply with this standard.
Excalibur Automobile Corporation fully intends to comply with this standard at the end of the exemption period for one of either of two reasons. They are currently developing a passive belt system for implementation as soon as possible. In addition, it is believed that generic air bag technology from either the U.S. manufacturers or those abroad will become available to manufacturers such as Excalibur within the allotted exemption period thus enabling them to fit air bags to the vehicles.
Excalibur Automobile Corporation will produce less than 100 vehicles for sale in the world-wide market during the 12 months this exemption is in place.