Interpretation ID: 1982-1.9

TYPE: INTERPRETATION-NHTSA

DATE: 02/03/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Rolls-Royce Motors Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30 February 3, 1982

Mr. B. G. Ridgway Chief Car Safety and Regulations Engineer Rolls-Royce Motors Ltd. Car Division Crew, Cheshire CW1 3PL England

Dear Mr. Ridgway:

This responds to your letter concerning the labeling requirements of Standard No. 105 applicable to a separate indicator lamp concerning reservoir level. Your letter asked whether it is permissible to use words other than "Brake Fluid" for vehicles which use hydraulic system mineral oil rather than conventional brake fluid. As explained below, the answer is yes.

Section S5.3.5 of Standard No. 105 states in relevant part:

...If separate indicator lamps are used for one or more of the various functions described in S5.3.1(a) to SS.3.1(d), the lens shall include the word "Brake" and appropriate additional labeling (use "Brake Pressure," "Brake Fluid" for S5.3.1(a) and S5.3.1(b)) except that if a separate parking indicator lamp is provided, the single word "Park" may be used....

As your letter pointed out, conventional brake fluid and hydraulic system mineral oil are not compatible. Safety Standard No. 116, Motor Vehicle Brake Fluids, differentiates between "brake fluid" and "hydraulic system mineral oil."

We interpret section S5.3.5 to require the use of the words "Brake Fluid" only for vehicles which use conventional brake fluid. The section's use of the word "appropriate," prior to its statement that "Brake Fluid" be used for S5.3.1(b), indicates that the labeling set forth in the parentheses need only be used where it adequately describes the fluid being used. For vehicles which use hydraulic system mineral oil, or other types of non-conventional brake fluid which might be developed in the future, the general requirement for the word "Brake" and appropriate additional labeling is applicable.

We are concerned, however, about your proposed use of the words BRAKE HSMO/LHM, since we doubt that many persons would understand that HSMO/LHM is an abbreviation for hydraulic system mineral oil/liquide hydraulique minerale. We suggest that you consider using the words "BRAKE MINERAL OIL" or similar language that more persons would understand.

Sincerely,

Frank Berndt Chief Counsel

cc: Mr. Kenneth W. Preece Regulations and Special Projects Manager Rolls-Royce Motors, Inc.

Box 476 Lyndhurst, NJ 07071

The Administrator BGR DT National Highway Traffic Safety Administration 400, Seventh Street S.W. WASHINGTON D.C. U.S.A. 7th April, 1981

Possible PART 552 PETITION FOR RULEMAKING FEDERAL MOTOR VEHICLE SAFETY STANDARDS FMVSS 707-80 - CONTROLS AND DISPLAYS FMVSS 705-75 -HYDRAULIC BRAKE SYSTEMS

Dear Administrator,

Rolls-Royce Motors Limited believes that the requirements of these two standards, if strictly applied to the letter of the rules, force us into providing cars which have safety systems less safe than they would be with a less strict interpretation of the rules.

Rolls-Royce Motors Limited no longer uses BRAKE FLUID, as defined in FMVSS 776 in cars supplied to the USA market. HYDRAULIC SYSTEM MINERAL OIL (HSMO), again as defined and controlled by FMVSS 116, is used instead.

The braking systems provided in the cars have a comprehensive system of warning displays, separate displays being provided for the two pressure systems and a further display to warn if the level of the HYDRAULIC SYSTEM MINERAL OIL in either of the two separate reservoirs is too low.

FMVSS 101-80 controls the wording for this reservoir level warning display by its reference to FMVSS 105-75 in Table 2.

The specified wording in FMVSS 105-75 paragraph 5.3.5, for reservoir level, 5.3.7(b) is "Brake Fluid". We note that this wording is within parentheses and believe that it is intended to be advisory and we hope that you will accept our use of a different, safer, wording.

We are most concerned that the appearance of the words BRAKE FLUID would immediately bring to the minds of the driver and service personnel the thought of adding conventional brake fluid to the reservoir. This must not happen. As you know, and FMVSS 116 recognises, Brake Fluid and Hydraulic System Mineral Oil are NOT COMPATIBLE.

We have taken every care to label the reservoirs and the car, we have provided full customer and service information to avoid any risk of Brake Fluid being wrongly put into the reservoirs. If we can use different wording on the reservoir level warning display we can complete our safety information system without any ambiguity.

We therefore intend to use the following wording on the reservoir level warning display:-

BRAKE

HSMO/LHM

Where HSMO and LhM are abbreviations for Hydraulic system mineral oil and Liquide Hydraulique Minerale respectively. LHM will suit our Cars sent to Canada and it is a well known trade mark for HSMO.

In the interests of enhancing the safety of our products we intend to implement this change of wording at the earliest time.

We would appreciate your confirmation that our action will not be taken as non-compliance with either FMVSS 101-80 or FMVSS 105-75. Should you be unable to give this confirmation we hereby PETITION you to change FMVSS 105-75 paragraph S.5.3.5 so that it permits us to label our products in a manner which we feel is more safe.

Yours faithfully,

B. G. Ridgway Chief Car Safety and Regulations Engineer