Office of Vehicle Safety Compliance

National Highway Traffic Safety Administration
United States Department of Transportation

COMPLIANCE TESTING PROGRAM

MANUFACTURERS' RESPONSIBILITY

The manufacturer must not only be concerned with the initial certification, but should also monitor continued compliance of vehicles and/or items of motor vehicle equipment throughout the production run. To accomplish this, an effective quality control program must be established to periodically inspect and test vehicles and/or items of motor vehicle equipment randomly selected from the assembly line to ensure that the original performance is carried through to all other units.

The Office of Vehicle Safety Compliance (OVSC) does not specify the type of quality control program that a manufacturer should employ. That decision is left to the manufacturer. If the vehicle or item of motor vehicle equipment is designed with a reasonable factor of safety, the manufacturer can elect to have a selective sample surveillance program to demonstrate that production variations will not take the vehicle or item of motor vehicle equipment out of the range of full compliance. On the other hand, if the margin of safety is less with respect to the required performance, a more stringent quality control program would be needed.

OVSC MISSION

The investigative approach used is to work closely with the manufacturer, on a technical basis, to resolve the failure issue. Typically, this procedure has led to corrective action in the form of a redesigned vehicle component or equipment item or an improvement in the manufacturer's quality control process. Most manufacturers cooperate fully with the OVSC during investigations and institute changes when it becomes clear that a revision in vehicle or equipment item design or production procedures is required in order to return to full compliance. Manufacturers generally maintain a strong quality control program in the manufacture of vehicles and items of motor vehicle equipment knowing such an enforcement program is in place.

LABORATORY TEST PROCEDURE DEVELOPMENT

1. Since all compliance testing is conducted by contractors, it provides a detailed description of the various requirements to independent testing laboratories (contractors) conducting compliance tests for the OVSC. This is very important to insure the quality of the compliance test results which could result in an owner notification and remedy campaign along with a civil penalty.

2. It provides a detailed description to the vehicle and equipment manufacturers of how the OVSC intends to verify that the affected products meet the minimum performance requirements of applicable FMVSSs. Manufacturers can use the OVSC Laboratory Test Procedure as a guide in conducting its own certification and product surveillance tests, preferably testing more stringently to ensure an adequate margin of safety. OVSC does not necessarily test for all requirements, but the manufacturers should do so.

The Office of Vehicle Safety Compliance (OVSC) provides contractor laboratories with Laboratory Test Procedures as guidelines for obtaining compliance test data. The data are used to determine if a specific vehicle or item of motor vehicle equipment meets the minimum performance requirements of the subject Federal Motor Vehicle Safety Standard (FMVSS). The purpose of the OVSC Laboratory Test Procedures is to present a uniform testing and data recording format, and provide suggestions for the use of specific equipment and procedures. If any contractor views any part of an OVSC Laboratory Test Procedure to be in conflict with a Federal Motor Vehicle Safety Standard (FMVSS) or observes deficiencies in a Laboratory Test Procedure, the contractor is required to advise the Contracting Officer's Technical Representative (COTR) and resolve the discrepancy prior to the start of compliance testing.

Every contractor is required to submit a detailed test procedure to the COTR before initiating the compliance test program. The procedure must include a step-by-step description of the methodology to be used. The contractor's test procedure shall contain a complete listing of test equipment with make and model number and a detailed check-off sheet. The list of test equipment shall include instrument accuracy and calibration dates. All equipment shall be calibrated in accordance with the manufacturer's instructions. There shall be no contradictions between the Laboratory Test Procedure and the contractor's in-house test procedure. Written approval of the in-house test procedures shall be obtained from the COTR before initiating the compliance test program. The OVSC Laboratory Test Procedures are not intended to limit or restrain a contractor from developing or utilizing any testing techniques or equipment which will assist in procuring the required compliance test data. These Laboratory Test Procedures do not constitute an endorsement or recommendation for use of any product or method. However, the application of any such testing technique or equipment is subject to prior approval of the COTR.

NOTE: The OVSC Laboratory Test Procedures, prepared for the limited purpose of use by independent laboratories under contract to conduct compliance tests for the OVSC, are not rules, regulations or NHTSA interpretations regarding the meaning of a FMVSS. The Laboratory Test Procedures are not intended to limit the requirements of the applicable FMVSS(s). In some cases, the OVSC Laboratory Test Procedures do not include all of the various FMVSS minimum performance requirements. Recognizing applicable test tolerances, the Laboratory Test Procedures may specify test conditions that are less severe than the minimum requirements of the standard. In addition, the Laboratory Test Procedures may be modified by the OVSC at any time without notice, and the COTR may direct or authorize contractors to deviate from these procedures, as long as the tests are performed in a manner consistent with the standard itself and within the scope of the contract. Laboratory Test Procedures may not be relied upon to create any right or benefit in any person. Therefore, compliance of a vehicle or item of motor vehicle equipment is not necessarily guaranteed if the manufacturer limits its certification tests to those described in the OVSC Laboratory Test Procedures.

CONTRACTOR SELECTION

TEST SPECIMEN PROCUREMENT

TEST TOLERANCES AND ACCURACIES

The independent laboratories under contract with OVSC are required to conduct compliance tests in accordance with the OVSC Laboratory Test Procedures. The contractors are required to write their own in-house test procedures prior to conducting compliance tests which cannot conflict with the OVSC Laboratory Test Procedures. It is the contractor's responsibility to ensure that all tolerances are maintained within the prescribed bands. The test equipment must be calibrated every 6 months unless otherwise specified with traceability to the National Institute of Standards and Technology (NIST).

Laboratory testing activities are monitored by OVSC safety compliance engineers, who make periodic visits to ensure that the correct procedures are being followed and by reviewing recent test results for accuracy. This includes verifying that required instrumentation is in place, functional, and the calibration data is within specification and up to date. This program helps to ensure that the laboratory's in-house testing procedures and equipment are within prescribed guidelines.

PRELIMINARY EVALUATIONS (PEs)
&
COMPLIANCE INVESTIGATIONS (CIs)

After all information is collected, OVSC engineers conduct an intensive analysis of the data with particular interest paid to the tests conducted by the manufacturer for original certification and in-process quality control. In addition, the certification test procedures and equipment used by the manufacturer are reviewed. Any differences between the manufacturer's certification test results and the OVSC compliance test results are analyzed and an attempt is made to ascertain the reasons for such differences.

Based on all of the information available, the OVSC Director makes a decision to either close the PE file or CI file if a noncompliance is not indicated or to proceed with the investigation. A CI letter is sent to the manufacturer stating that the agency is proceeding with the investigation and that the initiation of a recall campaign by the manufacturer is indicated. If there is no recall campaign announced by the manufacturer, an initial decision of noncompliance is made by the Associate Administrator for Safety Assurance and the case is forwarded to the Chief Counsel's office for appropriate legal action.

The process just described is the most simplified case. In some instances, there may be additional visits to the test laboratory or the manufacturer's test and manufacturing facilities, additional technical meetings and correspondence exchanges.

Once the case is forwarded to the Chief Counsel's office, the processing procedure is more formal. In accordance with Public Law 89-563, the complete process requires that after the initial decision of noncompliance is made by the Associate Administrator for Safety Assurance, a public hearing is held to afford the manufacturer or any other interested party an opportunity to present their views and then a final decision of noncompliance may be made by the agency Administrator.

SUMMARY

REFERENCE INFORMATION

FMVSSs

REGULATION PARTS

Issued by the Office of Vehicle Safety Compliance/NHTSA

Revised: August 18,1998