ID: 9398

Harry C. Gough, P.E.
Automotive Engineering
Professional Specialist
State of Connecticut
Department of Motor Vehicles
60 State Street
Wethersfield, CT 06161

Dear Mr. Gough:

This is in reply to your letter of December 2, 1993, with respect to the term "alternately flashing" as it applies under Safety Standard No. 108 to school bus lamps. You ask for our opinion because a manufacturer of strobe lighting has supplied documentation indicating that the system complies with Standard No. 108.

According to your letter, in this system, the lamp on one side of the school bus (front and rear) "flashes on and off four times in a 255 millisecond period and then stays off for 745 milliseconds, then the lamp on the opposite side of the bus repeats the aforementioned pattern." You inquire as to whether "alternately flashing" refers to this pattern, "or do the four distinct on/off cycles on each side of the school bus defeat the intent of the term alternating."

As you know, paragraph S5.1.4 of Standard No. 108 incorporates by reference SAE Standard J887, School Bus Red Signal Lamps, July 1964, which requires that school bus warning lamp systems "flash alternately." We believe that the light emanating from a strobe lamp that flashes four times in 0.255 second will be perceived as a single flash of varying intensity and not as four separate flashes, and that when this is followed by an identical pattern on the other side of the bus, the system is one that is alternately flashing within the meaning of Standard No. 108.

Further, under this interpretation, the flash rate meets SAE J887's specification of 60-120 flashes a minute. Unlike other SAE materials incorporated by reference relating to signal lamps (e.g., J1133 School Bus Stop Arms in Standard No. 131 School Bus Pedestrian Safety Devices and J590b Automotive Turn Signal Flashers in Standard No. 108), J887 contains no "percent current 'on' time" requirements.

I hope that this answers your question.

Sincerely,

John Womack Acting Chief Counsel

ref:108 d:3/29/94

ID: 9401

Mr. Len R. Thies
C&C Creations
9103 East 67th Court
Tulsa, OK 74133

Dear Mr. Thies:

This responds to your letter asking about Federal rules, particularly those for flammability resistance, applicable to your aftermarket product. I apologize for the delay in responding. You state that your product is a sheet of clear vinyl that inhibits the air flow in a van, thus reducing the amount of air to be heated or cooled. You further state that your product does not impair visibility and that it is easily detached and removed by the vehicle owner. This response is based on our understanding of the facts presented in your letter.

By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the National Traffic and Motor Vehicle Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests new vehicles and items of equipment for compliance with the standards.

In response to your question, you are required to certify that your device complies with Standard No. 205, Glazing Materials (49 CFR ' 571.205), based on our understanding of your letter. Standard No. 205 applies to new, completed vehicles as well as to glazing sold in the aftermarket. The standard establishes performance requirements for various types of glazing (called "items") and specifies the locations in vehicles in which each item of glazing may be used. The standard also incorporates by reference "ANSI Z26," the American National Standards Institute's "Safety Code for Safety Glazing Materials for Motor Vehicles Operating on Land Highways." It appears that your device may be considered an "interior partition," which is considered under ANSI Z26 to be item 6 glazing.

In addition, if your product were manufactured for a new vehicle, the vehicle would have to be certified as complying

with Standard No. 111, Rearview Mirrors and Standard No. 302, Flammability of Interior Materials, in addition to Standard No. 205. However, Standards No. 111 and No. 302 apply only to new vehicles, and not to items of aftermarket motor vehicle equipment. Thus, they do not apply to your product.

I note, however, that there are other Federal requirements that indirectly affect the manufacture and sale of your product. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in ''151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to '108(a)(2)(A) of the Safety Act, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...." Your vinyl sheet could render inoperative the rearward visibility requirements set forth in Standard No. 111, or the light transmittance requirements set forth in Standard No. 205. In addition, your product could have elements of design that could render inoperative a vehicle's compliance with Standard No. 302, the FMVSS for flammability resistance for materials used in the occupant compartment of motor vehicles. While it appears unlikely that persons in the aforementioned categories would be installing your product, if they were to install it, they must not compromise the rearward visibility or flammability resistance provided by the motor vehicle.

The "render inoperative" prohibition of '108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your products were placed in vehicles by the vehicle owners, they would not need to meet any FMVSSs. Nevertheless, NHTSA urges vehicle owners not to tamper with or degrade the safety of their vehicles.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:111#205#302 d:5/18/94

ID: 9418

Herr Dr. Thomas Lckemeyer
ITT Automotive Europe
Bietigheim-Bissingen
Dept. VER/LB

FAX 07142/73-2895

Dear Dr. Lckemeyer:

This responds to your FAX of December 10, 1993, to Taylor Vinson of this Office. You have asked the following questions with respect to the permissibility of rear fog lamps on U.S. cars:

"Is the rear fog lamp in a combined rear lamp unit permissible in all the states of the U.S.? There is no statement in the FMVSS 108."

Paragraph S5.1.3. of Standard No. 108 prohibits the installation as original equipment of additional lamps such as rear fog lamps if the additional lamp "impairs the effectiveness of lighting equipment required by the standard." The determination of whether a rear fog lamp in a combined rear lamp unit impairs the effectiveness of other lighting equipment is initially that of the manufacturer of the vehicle on which the lamp is installed. Unless such a determination is clearly erroneous, this agency will not question it.

We do not know whether a rear fog lamp in a combined rear lamp unit is permissible in all the States. Because a fog lamp is not required motor vehicle equipment under Federal law, each State in which it is used may regulate it according to its own laws. We are unable to advise you on the laws of the individual States, and suggest that you ask the American Association of Motor Vehicle Administrators (AAMVA) for an opinion. Its FAX number is 001 703 522 1553, and its address is 4600 Wilson Boulevard, Arlington, Virginia 22203.

"Which photometric requirements do we have to fulfill for the rear fog lamp?"

There are no Federal requirements that apply to rear fog lamps, and, as noted above, we are not conversant with state requirements. For your information, the latest specification of the Society of Automotive Engineers for this item of equipment is SAE Recommended Practice J1319 AUG87 "Fog Tail Lamp (Rear Fog Light) Systems."

"Is the certification of the combined rear lamp unit binding upon the whole states of the U.S.?"

No. The certification of the vehicle manufacturer is its representation that the vehicle complies with all applicable Federal motor vehicle safety standards, including paragraph S5.1.3 of Standard No. 108. A State has no authority to question this certification.

However, a State is permitted to have a State vehicle lighting standard provided that the State lighting standard is identical to the Federal lighting standard in those areas covered by the Federal lighting standard. Under these circumstances, a State may enforce the State lighting standard even if the vehicle is certified as conforming to the Federal lighting standard. Furthermore, a State may have its own State lighting standard in those areas where there is no Federal lighting standard, such as fog lamps.

"Do you have a list of lighting equipment for cars and the necessary requirements in the different states of the U.S."

AAMVA may be able to provide you with this information as we are unable to. Because State requirements must be identical with respect to the lighting equipment required by Standard No. 108, State specifications and prohibitions will differ only with respect to supplementary lighting equipment not covered by Standard No. 108 such as cornering lamps and front and rear fog lamps.

Sincerely,

John Womack Acting Chief Counsel

ref:108#VSA d:12/23/93

ID: 9424

Mr. Joe Miller
Product Support Manager
Load King
Box 427
Elk Point, SD 57025

Dear Mr. Miller:

This is in response to your FAX of December 10, 1993.

You have informed us that Load King manufactures trailers, selling them to a dealer in Minneapolis who, in turn, sells these trailers to customers/users. You would like the dealer "to do some finish manufacturing for us." Specifically, you would like the dealer "to paint the trailers, install operational decals and place the conspicuity striping." You ask whether "primed trailers can be moved without conspicuity striping in this case."

The answer is no. Under the National Traffic and Motor Vehicle Safety Act and its regulations, when a completed motor vehicle is delivered to its dealer, it must be certified as conforming to all applicable Federal motor vehicle safety standards, and it must, in fact, comply with all such standards at the time of delivery. Thus, your trailers are required to be equipped with the conspicuity treatment at the time of shipment since the treatment is a requirement of Motor Vehicle Safety Standard No. 108. The Minneapolis dealer, however, may apply paint and decals since this is not required under Standard No. 108 or any other regulation.

Were the trailer one that is manufactured in more than one stage, our regulations would permit the final stage manufacturer to apply the conspicuity treatment since that manufacturer is required to affix the necessary certification of compliance with all standards upon completion of the final stage of manufacture. However, painting and application of the conspicuity treatment are regarded as minor finishing operations that do not rise to the level of being a separate stage of manufacturing, and this exception is not available under the facts that have been presented to us.

Sincerely,

John Womack Acting Chief Counsel

ref:108 d:3/22/94

ID: 9427

Ms. Lisa A. Norris
P.O. Box 41
Mandeville, LA 70470

Dear Ms. Norris:

This is in reply to your letter of December 1, 1993, to Robert Hellmuth of this agency. You have written us questioning the disconnection of your original equipment center highmounted stop lamp when an aftermarket spoiler with lamp was installed on your Honda. American Honda has referred you to us, referencing an interpretation by our former Chief Counsel, Paul Jackson Rice.

I enclose a copy of Mr. Rice's letter of August 31, 1990, to David Holscher which sets forth the agency's views on this subject. These views remain our position.

The disconnecting of your lamp appears permitted under Federal Motor Vehicle Safety Standard No. 108 according to this interpretation. Because Federal authorities do not interpret the laws of the individual States, we are unable to comment on the Louisiana provisions that you paraphrase, except to note that "tail lights", as you refer to them, are not "stop lamps" under Standard No. 108. Taillamps are another item of lighting equipment and have no relevance to the wiring of the center highmounted stop lamp.

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:108 d:12/27/93

ID: 9433

Mr. David Fabrycky
1633 W. Willeta St.
Phoenix, AZ 85007

Dear Mr. Fabrycky:

This responds to your letter about an aftermarket product you wish to manufacture. The product is a child safety seat buckle shield, which is intended to prevent a child from opening the buckle on a child restraint system. You state that your device would cover the buckle and prevent the child from gaining access to the pushbutton of a child seat buckle. To depress the pushbutton, the device requires that a latch be actuated and the cover pivoted away from the buckle. You indicated that the device requires "manual dexterity to exert the forces in many directions simultaneously."

Although we understand your concern that young children not be able to easily unbuckle a child safety seat, we have reservations about devices that interfere with the unbuckling of the seats. I hope the following discussion explains those reservations and answers the questions in your letter about the effect of our regulations on your product.

Our agency has the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Safety Standard No. 213, "Child Restraint Systems," which applies to all new child restraint systems sold in this country. However, Standard 213 does not apply to aftermarket items for child restraint systems, such as your buckle shield. Hence, you are not required to certify that this product complies with Standard 213 before selling the product.

Additionally, you are not required to get "approval" from this agency before selling the buckle shield. NHTSA has no authority to "approve" motor vehicles or motor vehicle equipment, nor do we endorse any commercial product. Instead, the National Traffic and Motor Vehicle Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates alleged safety-related defects.

Although we do not have any standards that directly apply to your product, there are several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your buckle shield are subject to the requirements in sections 151-159 of the Safety Act concerning the recall of products with defects related to motor vehicle safety. The agency does not determine the existence of safety defects except in the context of a defect proceeding, and thus is unable to say whether your product might or might not contain such a defect. However, the agency is concerned that people be able to easily and quickly operate a child safety seat buckle in an emergency. As the agency said in a rule on the force level necessary to operate child restraint buckles:

The agency's safety concerns over child restraint buckle force release and size stem from the need for convenient buckling and unbuckling of a child and, in emergencies, to quickly remove the child from the restraint. This latter situation can occur in instances of post-crash fires, immersions, etc. A restraint that is difficult to disengage, due to the need for excessive buckle pressure or difficulty in operating the release mechanism because of a very small release button, can unnecessarily endanger the child in the restraint and the adult attempting to release the child. (50 FR 33722; August 21, 1985)

It appears that your product could significantly increase the difficulty of using the buckle release and thus hinder a person attempting to release the belt in an emergency.

In addition, use of your product could be affected by section 108(a)(2)(A) of the Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in an item of motor vehicle equipment, such as a child safety seat, in compliance with the Federal motor vehicle safety standards. In determining the effect of a buckle shield on a child seat's compliance with Standard 213, NHTSA would evaluate the performance of the seat with the buckle shield installed. Standard 213 specifies several elements of design with which a child restraint system is unlikely to comply if your buckle shield were installed. Section S5.4.3.5 of Standard 213 requires the pushbutton release for any buckle on a child restraint to have a minimum area for applying the release force. Since your device will completely cover the buckle when installed, the buckle shield would cause the child restraint to no longer comply with this requirement. That section also requires the buckle to release when a specified maximum force is applied. Your device will not allow the buckle to release when the force is applied because it will cover the buckle and require force to be applied "in many directions simultaneously." Your device would thus cause the child restraint to no longer comply with that requirement. Therefore, commercial establishments cannot legally install your device on customers' child safety seats. In addition, section S5.7 of Standard 213 requires each material used in a child restraint system to comply with the flammability resistance requirements of Standard 302, "Flammability of Interior Materials." If your buckle shield does not comply with the requirements of Standard 302, commercial establishments cannot legally install your device.

The prohibition of section 108(a)(2)(A) does not apply to individual vehicle owners who may install or remove any items on child restraint systems regardless of the effect on compliance with Standard 213. However, our policy is to encourage child restraint owners not to tamper with or otherwise degrade the safety of their child restraints.

I hope this information is helpful. If you have any further questions, please contact Ms. Deirdre Fujita of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:213#VSA d:5/12/94

ID: 9439

Sgt. Dennis Platt, Supervisor
Vehicle Safety & Equipment Section
State of Utah
Department of Public Safety
Utah Highway Patrol
4501 South 2700 West
Salt Lake City, UT 84119-5994

Dear Sgt. Platt:

This responds to your letter of December 7, 1993, requesting confirmation of a statement made by a NHTSA officer that there is no federal regulation that requires replacement of a deployed air bag.

I am enclosing two letters that explain legal obligations to replace air bags which have been deployed. The first letter, dated January, 19, 1990, is to Ms. Linda L. Conrad. The second letter, dated March 4, 1993, is to Mr. Robert A. Ernst. As explained in those letters, Federal law does not require replacement of a deployed air bag in a used vehicle. In addition, there is no Federal law that prohibits selling a used vehicle with a supplemental restraint that is inoperable because of a previous deployment. However, our agency strongly encourages dealers and repair businesses to replace deployed air bags whenever vehicles are repaired or resold, to ensure that the vehicles will continue to provide maximum crash protection for occupants. Moreover, a dealer or repair business may be required by state law to replace a deployed air bag, or be liable for failure to do so.

I am also enclosing a copy of the information sheet referred to in the two letters discussed above. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosures ref:208 d:12/30/93

ID: 9443

Mr. Steve J. Brooks
Program Manager
IAD West Coast, Inc.
5761 McFadden Avenue
Huntington, Beach CA 92649

Dear Mr. Brooks:

This responds to your letter asking about the operation and classification of a commercial vehicle you wish to manufacture. The vehicle will carry fewer than 10 passengers and its GVWR will be 11,500 pounds. You were particularly interested in the type of operator's license that would be required of the driver.

Driver licensing requirements for vehicle operators are determined by state law. Since the vehicle's GVWR will be less than 26,000 lbs, and the vehicle will presumably be designed to carry fewer than 15 passengers, the driver will not be required, under the Federal Highway Administration's (FHWA's) Commercial Driver Licensing (CDL) regulations, 49 CFR part 383, to qualify for a commercial driver license. However, some states require that drivers obtain a commercial driver license to drive vehicles that have lower GVWRs. The driver licensing requirements of the state in which the vehicle is registered, will apply. For more information about the CDL requirements, you can contact the FHWA Chief Counsel's office at (202) 366-0834.

Vehicle classification is relevant for the regulations and standards of our agency. The National Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and motor vehicle equipment. Each FMVSS for motor vehicles applies to one or more particular types of vehicles, e.g., a standard might apply to passenger cars, buses, trucks, and/or trailers.

To determine which FMVSSs apply to their vehicles, manufacturers classify their vehicles using the definitions in 49 CFR part 571.3 of NHTSA's regulations. Under part 571.3 (copy enclosed), your vehicle, which you said is built in a bus/truck chassis, appears to be a "truck" or a "multipurpose passenger vehicle." Under part 567, a manufacturer must state the vehicle classification on the vehicle's certification label and certify that its motor vehicle complies with all applicable FMVSSs. NHTSA may take issue with a manufacturer's vehicle classification in an enforcement proceeding if the agency does not agree with the manufacturer's classification.

I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:567#571 d:4/7/94

ID: 9448

Mr. J. Hulshof
Nedap N.V.
P.O. Box 6
7140 AA Groenlo
The Netherlands

Dear Mr. Hulshof:

This responds to your letter to Mr. Patrick Boyd requesting a written interpretation concerning whether your sunroof would meet the requirements of Federal Motor Vehicle Safety Standard No. 118, "Power-Operated Window, Partition, and Roof Panel Systems." I apologize for the delay in responding.

By way of background, the National Traffic and Motor Vehicle Safety Act establishes a self-certification system under which manufacturers are responsible for ensuring that their products comply with all applicable FMVSSs. We do not approve, endorse, or gives assurances of compliance of any product. In response to manufacturers' requests for interpretations of the FMVSS's, we try, to the extent possible, to provide information that will help them make their determinations of compliance. However, these responses are based on information provided by the manufacturer, and are subject to the findings of actual compliance testing by the agency. Should the agency, in the future, examine your product and detect an apparent noncompliance or defect, those results will control.

You explain in your letter that your power-operated sunroof (which is a power operated "roof panel system" under Standard 118) can be closed only in four circumstances. In three of these, the ignition key must be activated. In the fourth, the sunroof can be closed when there is "Continuous operation of Central close mechanism, not capable [sic] closing the roof panel from a distance of more than 6 meters from the vehicle."

Standard 118 requires sunroofs other than those that have an automatic reversing feature to close only in certain circumstances. One of those (S4(a)) is when the key controlling the vehicle's engine is in the activated (i.e. "on", "start" or "accessory") position. The three circumstances you described where the ignition key must be activated to operate the sunroof appear to satisfy S4(a).

With regard to the fourth circumstance, Standard 118 also permits sunroofs to close "Upon continuous activation of a remote actuation device, provided that the...device shall be incapable of closing the [sunroof] from a distance of more than 6 meters from the vehicle" (S4(d)). The circumstance you described appears to satisfy S4(d). Your sunroof will close only upon continuous operation of a "Central close mechanism," and the mechanism is incapable of closing the sunroof from a distance of more than 6 meters from the vehicle.

I hope this information has been helpful. If you have any further questions, please contact Mr. David Elias of my office at the above address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:118 d:4/12/94

ID: 9449

Mr. Robert Matulich
8801 Ravenna Avenue, NE
Seattle, WA 98115

Dear Mr. Matulich:

This responds to your letter requesting information about Federal requirements applicable to your product. According to promotional literature that accompanied your letter, your "Clear Vu Mirror" is an attachment to exterior mirrors that clears raindrops, dust, and mist, thus making a mirror "virtually self-cleaning." I am pleased to explain the applicability of our regulations to your product.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal Motor Vehicle Safety Standards (FMVSSs) that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the National Traffic and Motor Vehicle Safety Act ("Safety Act") establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable FMVSSs.

NHTSA currently has no FMVSSs that directly apply to the product you plan to manufacture. NHTSA issued an FMVSS for vehicle rearview mirrors (FMVSS No. 111), but the standard applies to new vehicles, and not to aftermarket mirror products. If your product were manufactured and sold as part of a new vehicle, the vehicle would have to be certified as complying with all applicable standards, including Standard No. 111. The standard sets field of view requirements for new motor vehicles, and your product would have to be mounted on a new vehicle such that it does not block the field of view required by FMVSS No. 111. However, since Standard No. 111 applies only to new vehicles, it does not apply to your product.

I note, however, that there are other Federal requirements that indirectly affect you and your product. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your product contains a safety- related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 108(a)(2)(A) of the Safety Act, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...." It is conceivable that your product, when placed on a vehicle's exterior mirror, could "render inoperative" the vehicle's ability to comply with FMVSS No. 111. Persons in the aforementioned categories cannot install your product if it blocks the field-of-view required by FMVSS No. 111, or otherwise caused the vehicle to no longer comply with Standard No. 111.

The "render inoperative" prohibition of 108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your product were placed on an exterior mirror by the vehicle owner, the render inoperative provision would not apply. Nevertheless, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles, including the safety of their rearview mirrors.

I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref 111 d:4/7/94