ID: aiam5526

Dear Ms. Gottlieb: This responds to your letter of February 14, 1995 requesting an 'exemption' from the National Highway Traffic Safety Administration (NHTSA) to allow a business to modify your motor vehicle. Your letter states: I am disabled and need 3-4' of additional room for the passenger seat to allow my legs to straighten on long trips. I have two replaced hips and arthritis in my knees. If I leave my legs slightly bent for long periods of time, I suffer too much pain to be active at the end of the drive. By allowing my legs to straighten all the way out, there is no pain at all. You state that you were told that this modification cannot be done as it would 'interfere with the functionality of the air bag.' In summary, our answer is that you may have your vehicle modified. NHTSA will not institute enforcement proceedings against a repair business that modifies the seat on your vehicle to accommodate your condition. A more detailed answer to your letter is provided below. I would like to begin by clarifying that there is no procedure by which persons petition for and are granted an exemption from NHTSA to have a motor vehicle repair business modify their motor vehicle. Repair businesses are permitted to modify vehicles without obtaining permission from NHTSA to do so, but are subject to certain regulatory limits on the type of modifications they may make. In certain limited situations, we have exercised our discretion in enforcing our requirements to provide some allowances to a repair business which cannot conform to our requirements when making modifications to accommodate the special needs of persons with disabilities. Since your situation is among those given special consideration by NHTSA, this letter should provide you with the relief you seek. Our agency is authorized to issue Federal Motor Vehicle Safety Standards (FMVSS) that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to certify that their products conform to our safety standards before they can be offered for sale. Manufacturers, distributors, dealers, and repair businesses are prohibited from 'knowingly making inoperative' any device or element of design installed on or in a motor vehicle in compliance with an applicable FMVSS. In general, the 'make inoperative' prohibition would require repair businesses which modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable FMVSS. Violations of this prohibition are punishable by civil fines up to $1,000 per violation. Moving a seat could affect compliance with Standard No. 208, Occupant Crash Protection. Standard No. 208 sets forth requirements for occupant protection at the various seating positions in a vehicles. Standard No. 208 requires that cars be equipped with automatic crash protection at the front outboard seating positions. Automatic crash protection systems protect their occupants by means that require no action by vehicle occupants. Compliance with the automatic crash protection requirements of Standard No. 208 is determined in a dynamic crash test. That is, a vehicle must comply with specified injury criteria, as measured on a test dummy, in a 30 mph barrier crash test. The two types of automatic crash protection currently offered are automatic safety belts (which help to assure belt use) and air bags (which supplement safety belts and offer some protection even when safety belts are not used). Based on the information in your letter, it appears that the manufacturer of your vehicle installed air bags as the means of complying with Standard No. 208's requirement. Your modifier is concerned that the modification of the seat would 'make inoperative' the air bag. I would like to note that accident data would suggest that a person is at greater risk of injury from an air bag from sitting too close to the air bag, rather than further away from the air bag. However, I understand that, due to the dynamic testing requirement, the modifier will be unable to ensure that the vehicle continues to comply with Standard No. 208's requirements. In situations such as yours where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider any violations of the 'make inoperative' prohibition a purely technical one justified by public need. As I have already noted above, NHTSA will not institute enforcement proceedings against a repair business that modifies the seat on your vehicle to accommodate your condition. We caution, however, that only necessary modifications should be made to the seat, and the person making the modifications should consider the possible safety consequences of the modifications. For example, in moving a seat, it is critical that the modifier ensure that the seat is solidly anchored in its new location. You should also be aware that an occupant of a seat which has been moved rearward may have less protection in a crash if the seat is too far rearward relative to the anchorages of the safety belts for that seat. Finally, if you sell your vehicle, we encourage you to advise the purchaser of the modifications. I hope this information has been helpful. If you have any other questions or need some additional information in this area, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel;

ID: aiam2760

Dear Mr. Burnett: This responds to your January 18, 1978, letter asking several question about the applicability of Standard No. 302, *Flammability of Interior Materials*, to several vehicle components that you submitted.; First you ask whether padded material used for the top portion of dashboard would be considered to fall within the ambit of the standard. As you stated in your letter, the National Highway Traffic Safety Administration has determined that a dashboard is considered a front panel and is included within the components subject to the standard. Therefore, since the padding you propose to use on the top of the dashboard constitutes part of the dashboard it is required to comply with all of the requirements of the standard.; In your second question you ask whether the same material mentioned i question 1 would be required to comply with the standard when used as a seat cushion. Paragraph S4.1, which lists the components covered by the standard, specifically includes seat cushions. Therefore, any material used for this purpose is required to comply with the standard.; In regard to both of the above questions, you ask whether a dashboar or seat cushion consisting of vinyl stitched at varying intervals to padding would be subject to two tests - one for the vinyl and one for the padding. Paragraph S4.2.1 states that: 'any material that does not adhere to other material(s) at every point of contact shall meet the requirements of S5.3 when tested separately.' When the vinyl is stitched to the padding in the manner outlined in your letter, the vinyl does not adhere to the material at every point of contact. Accordingly, the materials must be tested separately.; Your questions 3 and 4 require no response since the materials to whic you refer must be tested separately, not as composite materials.; In your question 5, you correctly state that the two top material would be required to be tested separately. If as installed in the vehicle the third layer of material would fall within 1/2 inch of the occupant compartment, then it too would be tested in accordance with the requirements. It does not matter that this material would not be within 1/2 inch of the surface when the stitching is removed for testing of each component separately. In a related question you ask whether the stitching itself would be tested. Since the stitching is part of the seat cushion, it is subject to the requirements and since it does not adhere at every point of contact, it should be tested separately. From the standpoint of practicality, however, the stitching cannot be tested separately in the prescribed manner, and is usually simply tested as part of the material itself.; Finally you submitted a section of headlining material and questio whether it would be required to comply with the requirements. This material falls within the list of components covered by the standard and, therefore, must comply with all of the requirements. The material that you submitted is composed of two layers joined at every point of contact and would be tested as a composite material.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam4912

Dear Mr. Van Campenhout: This responds to your letter of August 29 1991, asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it applies to a situation you recently encountered in Florida. You state that 'one of our client's coaches was stopped by a DOT-inspector . . . and a compliance-audit with FMVSS-standards was performed.' According to the DOT inspector, 'the third, centrally mounted, rear stoplight needs to be illuminated, not only when the brake pedal gets activated, but also whenever the coach is parked with the engine running at high idle speed . . . .' It is your interpretation that the center light 'should only come on when pressure is applied to the brake pedal.' Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, is the Federal motor vehicle safety standard (FMVSS) that applies to the center highmounted stop lamp. Standard No. 108 does not require that the center highmounted stop lamp be activated when a vehicle is parked with the engine running at idle. In fact, S5.5.4 of Standard No. 108 specifies that the center lamp shall be activated only upon application of the service brakes. Thus, your interpretation is the correct one. There are other anomalies reported in your letter that I would like to address. First, Standard No. 108 does not require buses manufactured before September 1, l993, to be equipped with a center highmounted stop lamp (and, after that date, only buses with a GVWR less than l0,000 pounds and less than 80 inches in overall width must be so equipped). Apparently, the inspector was not informed that the requirement for certain buses to be equipped with center highmounted stop lamps does not take effect for nearly two more years. Second, this agency has no inspectors performing compliance audits of vehicles in service. We surmise that your coach may have been inspected by either the Florida State DOT, or the U.S. DOT's Federal Highway Administration (FHWA) for compliance with the Motor Carrier Safety Regulations. The FHWA, which concurs in this letter, does not require in its Motor Carrier Safety Regulations or elsewhere that stop lamps on a bus be illuminated when the service brakes are not being applied, even if the vehicle is idling. Sincerely, Paul Jackson Rice Chief Counsel;

ID: nht87-3.33

TYPE: INTERPRETATION-NHTSA

DATE: 12/01/87 EST

FROM: REGIONAL TRANSPORTATION DISTRICT

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 12/09/88 FROM ERIKA Z. JONES -- NHTSA TO JACK MCCROSKEY AND GLENDA SWANSON LYLE, REDBOOK A33, STANDARD 119; LETTER DATED 09/13/88 FROM JACK MCCROSKEY AND GLENDA SWANSON LYLE TO LARRY COOK -- NHTSA, OCC 2539; LETTER DATE D 08/26/88 FROM R. E. MORGAN TO MARVIN ORNES; LETTER DATED 09/09/87 FROM RE MORGAN TO R. ROGERS RE GOODYEAR MILEAGE TIRES, REF BRUCE RUMAGE PHONE CALL

TEXT: SPECIAL SERVICES

Fares can be paid in cash (exact amounts only), with tokens, tickets or a monthly pass. Peak hours are weekdays 6 a.m. to 9 a.m. and 4 p.m. to 6 p.m. All other times are off-peak hours. Transfers are free and are issued upon boarding. Riders must p ay the difference in fare when transferring to a more expensive level of service. Peak Off-Peak Elderly & Handicapped Off-Peak Circulator $ .50 $ .50 $ .10 Local .75 .50 .10 Express 1.25 1.25 .10 Regional 2.00 2.00 .10 Boulder City .50 .50 .10 Longmont City .25 .25 .10 Tokens Tokens are available in 25 cent and 75 cent denominations from all RTD sales outlets. The 25 cent tokens are also available from Albertsons, King Soopers and Safeway stores. 10-Ride Books of 10 single trip coupons are avail-Ticket Books able at 10 percent discount for Regional, Express and Local service at all RTD sales outlets. The coupons are good during the calendar year in which they are purchased. Monthly RTD monthly passes are valid throughout Passes the stated month for which they are purchased. The passes are good for unlimited rides on the level of service purchased, less expensive levels of service, or as a credit toward more expensive levels of service. The passes offer a 15 percent discount over cash fares and can be valid for extra benefits too, such as discounts from local merchants or for special events. Passes are available at any RTD sales outlet and at Safeway and King Soopers stores. Passes also can be obtained through the mail or by phone (777-8893). Some individuals are eligible for additional pass discounts, including youths 18 and under, students of any age at accredited schools, senior citizens 65 and over and disabled individuals. The reduced rate passes are available from RTD sales offices or through the mail.

DIRECTORS

RTD offers a variety of special services, including those for the elderly, handicapped and students. More than 77 percent of the District's fleet is fully accessible to handicapped persons in wheelchairs. RTD also offers the handyRide program, a cur b-to-curb subscription service to meet the needs of those more severely disabled individuals who cannot use regular accessible service.

The popular seniorRide gives thousands of elderly persons the opportunity to participate in more than 300 social, educational and recreational events during the year. A shopper service provides midday trips to shopping centers for the elderly and han dicapped. For information call 778-3503.

Persons ages 18 and under are offered independence during the summer months with the Summer Youth Pass. For just $ 7 a month, the pass gives unlimited rides on all Local, Limited and Circulator routes and may also be good for discounts at selected ar ea merchants.

RTD also offers BroncoRide and BuffaloRide to get fans directly to Denver Bronco and University of Colorado (Boulder) home football games. The Mall The 16th Street Mall, built by RTD, was officially opened in October 1982. It is anchored at both ends by transit stations, linked by the free Mall shuttles. A fleet of 26 shuttle buses operates along the mile- long mall, and carried 11.9 million people in 1986. District A Jack McCrosky Downtown & Central DenverDistrict B Glenda Swanson Lyle, Northeast Denver District C Henry L. Solano, North Denver District D Michael J. Garcia, Southwest Denver District E Bob Jacobsen, Southeast Denver District F Mary Duty, Aurora District G Richard P. Karma, Second Vice Chairman Arapahoe/Douglas CountiesDistrict H J. Bear Baker, Secretary Arapahoe CountyDistrict I Bill Womack, First Vice Chairman East Boulder/Adams CountiesDistrict J Kevin Sampson, Northwest Adams County District K Robert June, East Adams County District L Thomas G. Thomas North Jefferson CountyDistrict M Helen W. Steele, Treasurer Central Jefferson CountyDistrict N Stephen C. Millard, South Jefferson County District O Roger Cracraft, Chairman West Boulder County GeneralChester E. Colby Manager

(PHOTOGRAPH OMITTED)

OPERATING STATISTICS 1985-1987

The Regional Transportation District is a public agency created in 1969 by the Colorado General Assembly to develop, operate and maintain a mass transportation system for the benefit of the people in RTD's six-county service area.

The service area includes all of Boulder, Denver and Jefferson counties, and the urban portions of Adams, Arapahoe and Douglas counties.

The District is governed by a 15-member board of directors elected for four-year terms. Route/ Telephone Information Center, open 5 a.m. Schedule to 10 p.m. weekdays; 7 a.m. to 10 p.m.Information weekends and holidays. 778-6000 Denver Metro Information 777-3343 Boulder Information 1-800- Calls to TIC from outside Denver Metro 223-1565 dialing area 778-1034 TDD Information (for persons with speech or hearing impairments) Customer For information not related to routes and Service schedules. Monday through Friday, 8 a.m. to 5 p.m.573-2343 District-wide Customer Service 573-2202 TDD (for persons with speech or hearing impairments) 1,843,000 Population within six-county service area 35 Cities and towns served 2,304 Square miles in service area 26,830,314 Current annualized route service miles 2,278 Miles of routes (1986) 8,900 Bus stops 149 Total number of routes 47 Local 54 Express 16 Regional 6 Circulator (including mall) 10 Boulder City 5 Longmont City 9 Limited 2 Paratransit 170,000 Estimated 1987 average weekday boardings (includes approximately 40,000 Mall Shuttle boardings) 51,500,000 Estimated 1987 annual boardings (includes approximately 11,500,000 on Mall Shuttle) 91,813 Daily miles operated (1987 average weekday) 7,535,325 Diesel fuel consumption (1986 gallons) 759 Total active buses in fleet 588 Wheelchair lift-equipped buses 5.3 years Average fleet age 38 Park-n-Ride facilities 598 Peak-hour buses required (October 1987) 2,055 Total number of employees (1987 Adopted Budget) 419 Salaried employees 1,636 Represented employees (including approximately 110 part-time bus operators) 1987 1986 1985 Adopted Actual Actual Budget .6 of one $ 79,500,000 $ 77,941,000 $ 78,851,000percent general sales tax Transit Fares $ 18,000,000 $ 17,423,000 $ 17,927,000 Federal $ 30,231,000 $ 32,569,000 $ 20,557,000Grants Investment $ 8,679,000 $ 8,419,000 $ 8,689,000Income & Other Debt $ 0 $ 19,485,000 $ 1,275,000Financing From 1986 fund balance carryover: Federal $ 11,797,000 $ 0 $ 0Capital Grants Local Funds $ 11,219,000 $ 0 $ 0 Total $ 159,426,000 $ 155,837,000 $ 127,299,000 Operations & $ 100,122,000 $ 104,959,000 $ 103,011,000Administration Capital $ 63,688,000 $ 39,749,000 $ 25,381,000 Total $ 163,810,000 $ 144,708,000 $ 128,392,000 Ending $ 51,479,000 $ 51,269,000 $ 58,377,000accumulated revenues over expenditures

ID: aiam5641

Dear Mr. Schroeder: This responds to your inquiry about the Federa Motor Vehicle Safety Standards (FMVSS) with which your trailer must comply. You state that your company plans to manufacture a trailer mounted striper that applies reflective paint stripes to roadways. In a telephone conversation with Mr. Marvin Shaw of my staff, you stated that your trailer will spend a significant amount of time traveling on public roads between job sites. Please note that we are returning the photographs attached to your letter that were marked confidential. As way of background information, the National Highway Traffic Safety Administration (NHTSA) interprets and enforces the laws under which the FMVSSs are promulgated. The statute defines the term motor vehicle as follows: Any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails. Whether the agency considers your trailer to be a motor vehicle depends on its use. Based on the available information, it appears that your trailer is a motor vehicle within the meaning of the statutory definition. This conclusion is based on statements in your letter and telephone conversation that the trailer spends extended periods of time on the public roads moving between job sites. Thus, the agency would consider the use of your device on the public roads to be its primary purpose. The following Federal safety standards apply to trailers: Standard No. 108 Lamps, Reflective Devices, and Associated Equipment, which address conspicuity, Standard No. 115, Vehicle Identification Numbers, and Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars. The content requirements for the vehicle identification number are found at 49 CFR Part 565. In addition, while your vehicle is not required to be equipped with brakes, if it is equipped with hydraulic brakes, then you need to use brake hoses and brake fluids that comply with Standard No. 106, Brake Hoses and Standard No. 116, Motor Vehicle Brake Fluids. In addition as a manufacturer of motor vehicles, you would be required to submit identification information to this agency in accordance with 49 CFR Part 566, Manufacturer Identification. You would also be required to certify that each trailer complies with all applicable Federal safety standards. This certification procedure is set out in 49 CFR Part 567. 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, Samuel J. Dubbin Chief Counsel Enclosures;

ID: aiam0951

Dear Mr. Trampenau: This is in reply to your letters of October 9 and December 4, 1972 concerning the application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials', to motor homes and other multipurpose passenger vehicles.; You ask whether 'molded plastic exterior shells' of motor homes an other vehicles must meet the burn rate requirement of the standard, even when they are completely though variously covered in the vehicle interior. The answer to this question in both respects is no. Whether a material is subject to the requirement depends on whether it is used for producing any of the components listed under Paragraph S4.1 of the standard, either as a surface material, an underlying material, or a padding and cushioning material. Motor vehicle shells are not listed under Paragraph S4.1 and, therefore, they are not subject to the requirements of the standard.; You also ask whether 'molded plastic engine covers, separating th engine compartment from the passenger compartment,' must meet the burn rate requirement of the standard, even when they are completely though variously covered in the vehicle interior. Engine compartment covers are listed under Paragraph S4.1 of the standard, but they are subject to the requirements, as are all the listed components, only to the extent that they are part of the occupant compartment. Any material in the vehicle occupant compartment which covers that part of the engine compartment in juxtaposition with the occupant compartment would be considered an engine compartment cover. Under Paragraph S4.2 the portion of the engine compartment cover that must meet the requirements, as for any of the listed components, depends on whether the surface material is bonded, sewed, or mechanically attached to underlying material and thereby achieves an intimate joining of materials which are normally separate. The important question, then, is not so much how the covering for the molded plastic is attached, but how closely spaced are the attachment points. If the covering is not bonded, sewed, or mechanically attached to the underlying molded plastic so that an intimate joining is not achieved, then the covering would be considered the engine compartment cover and, under Paragraph S5.2.1, the thickness of the portion to be tested 'is that of the material as used in the vehicle, except that where the material's thickness exceeds 1/2 inch the specimen is cut down to that thickness.' On the other hand, if the covering and the molded plastic are attached so that an intimate joining is achieved, then the covering and the molded plastic would together be considered the engine compartment cover and, again under Paragraph S5.2.1, the thickness of the portion to be tested 'is that of the (composite) material as used in the vehicle, except that where the (composite) material's thickness exceeds 1/2 inch the specimen is cut down to that thickness.'; The manner of attachment, if any, of the molded plastic to its coverin does not affect the burn rate requirement. Where structural equipment such as shelves and bunks completely cover the molded plastic which separates the engine compartment from the passenger compartment, the engine compartment cover would not be subject to the requirements of the standard. However, should the structural equipment not completely cover the molded plastic engine cover, then it must meet the requirements.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam4321

Dear Ms. Vanderberg: This responds to your March 11, 1987 telephone call to our offic asking about the regulations we administer for school buses. You ask for background information about our school bus safety standards and request a listing of the Federal motor vehicle safety standards applicable to school buses.; I am pleased to respond to your concerns. I would like to begin b explaining that we administer two Federal laws that affect school buses. The first of these is the National Traffic and Motor Vehicle Safety Act of 1966 (copy enclosed), under which our agency issues safety standards applicable to new motor vehicles. In 1974, Congress amended the Vehicle Safety Act to direct us to issue standards on specific aspects of school bus safety, such as emergency exits, seating systems, windows and windshields, fuel systems and school bus body strength. The standards we issued became effective April 1, 1977, and apply to each school bus manufactured on or after that date.; Under the Vehicle Safety Act, any person selling a new school bus mus ensure that the vehicle complies with all applicable Federal motor vehicle safety standards, including our school bus safety standards. Under the definitions section of our motor vehicle safety standards (49 CFR Part 571.3), a 'school bus' is a motor vehicle designed for carrying 11 or more persons (driver included) that is sold for purposes that include carrying students to and from school or related events (excluding buses sold for use as common carriers in urban transportation). A dealer or distributor who sells a new noncomplying bus to a school or school district is subject to substantial penalties for violating Safety Act provisions. For your information, I have enclosed a December 31, 1975 Federal Register notice (40 FR 60033) which discusses the responsibility of manufacturers and dealers to sell complying school buses.; New school buses must comply with the Federal motor vehicle safet standards we issued for 'buses' and also those for 'school buses.' The following is a list of the Federal motor vehicle safety standards that include requirements for school buses: Standards No. 101 through No. 104, Standard No. 105 (school buses with hydraulic service brake systems), Standards No. 106 through No. 113, Standards No. 115 through No. 120, Standard No. 121 (School buses with air brake systems), Standard No. 124, Standards No. 201 through No. 204 (school buses with GVWR of 10,000 pounds or less), Standard No. 205, Standards No. 207 through No. 210, Standard No. 212 (school buses with GVWR of 10,000 pounds or less), Standard No. 217, Standard No. 219 (School buses with GVWR of 10,000 pounds or less), Standard No. 220, Standard No. 221 (school buses with GVWR greater than 10,000 pounds), and Standards Nos. 222, 301, and 302. School bus manufacturers must certify their vehicles to all applicable requirements of each of these safety standards. I have enclosed information on how you can obtain copies of the standards.; The second Federal law administered by this agency having a bearing o school buses is the Highway Safety Act of 1966. NHTSA issued Highway Safety Program Standard No. 17, *Pupil Transportation Safety* (copy enclosed), under the Highway Safety Act as a guideline for the pupil transportation aspect of state highway safety programs. This 'standard,' or guidelines, includes recommendations for school bus operational requirements, such as school bus identification and maintenance and driver training programs. Individual states have chosen to adopt some or all of Standard No. 17's recommendations as their own policies governing their pupil transportation programs.; I hope this information is helpful. Please contact us if you hav further questions.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam5149

"Dear Mr. Pope: This responds to your February 18, 1993 letter t Walter Myers of this office. You stated in your letter and in telephone conversations with Mr. Myers that your firm obtains used wheels from salvage yards, mostly passenger car wheels, refurbishes them by sandblasting and refinishing them, then sells them to manufacturers of utility trailers. You asked how to 'bring the wheels manufactured before 1977 up to standards' (referring to Federal Motor Vehicle Safety Standard No. 120, Tire selection and rims for motor vehicles other than passenger cars), and whether it is possible to 'stamp the wheels previous to 1977 with a regulation code to approve their usability.' 'Wheels' refers to the wheel rim and the hub to which the rim is attached. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) (Safety Act) to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles (including trailers) and new items of motor vehicle equipment (including tires and wheels). The purpose of Standard 120 is to provide safe operational performance by ensuring that vehicles to which it applies are equipped with tires of adequate size and load rating and with rims of appropriate size and type designation. The standard applies to new trailers, and to rims manufactured on or after August 1, 1977. Violations of any of the standards are punishable by civil fines of up to $1,000 per violation, with a maximum fine of up to $800,000 for a related series of violations. You ask about our requirements for the rims of the wheels you refurbish. The answer depends on whether the rim is intended to be installed on a new trailer or intended as a replacement rim for a used trailer. If the rim is intended for a new trailer, the new trailer manufacturer must certify that the vehicle complies with Standard 120. Standard 120 establishes two requirements for the vehicle. First, S5.1.1 requires that the rims on a new trailer be listed by the manufacturer of the tires mounted on the trailer as suitable for use with those tires. Second, the rims on a new trailer must meet the rim marking requirements of S5.2 of Standard 120. Since the rims you refurbish were originally passenger car rims, they will not have the required markings, regardless of date of manufacture, because Standard 120 does not apply to passenger car rims. Therefore, trailer manufacturers may not install passenger car rims on new trailers unless those rims are marked in accordance with Standard 120. If the rim is intended as a replacement rim on a used trailer, different requirements apply. The rim marking requirements of S5.2 of Standard 120 apply only to new rims manufactured on or after August 1, 1977. Refurbished wheels sold for used trailers are considered used wheels instead of new wheels for purposes of Standard 120, and are thus not subject to the rim marking requirements of the standard. As pointed out above, however, a new or refurbished rim installed on a new trailer must meet the rim selection and marking requirements of Standard 120 (S5.1.1 and S5.2). Relatedly, you ask about marking a used rim with the information required by Standard 120 for new rims. Any rim, new or used, that is installed on a new vehicle must be marked with the 'regulation code' (i.e., the 'DOT' symbol constituting the manufacturer's certification of compliance with Standard 120) and the other information required by the standard. However, a rim manufactured prior to August 1, 1977, that is sold as a replacement rim must not be marked with the DOT symbol. NHTSA has long held that manufacturers may not show the DOT certification on items of motor vehicle equipment to which no Federal motor vehicle safety standard applies. The reason for that decision is that such a certification would be false and misleading to NHTSA and to consumers who might assume that the item was subject to and met a Federal safety standard. Thus, since Standard 120 does not apply to rims manufactured prior to August 1, 1977, such rims cannot now be marked with the DOT symbol. You should also be aware of two other provisions of the Safety Act. The first provision is 108(a)(2)(A), which provides that no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly render inoperative, in whole or in part, any device or element of design installed on or in a new or used motor vehicle or item of motor vehicle equipment in compliance with an applicable FMVSS. This means that a person in these categories cannot remove the label information required by Standard 120 during the refurbishing process. Second, under 151-157 of the Safety Act, manufacturers of motor vehicles and items of motor vehicle equipment (e.g., wheel rims) are responsible for safety- related defects in their products. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of the product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which a defective wheel rim is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) A refurbished rim that had been previously damaged (e.g., cracked, bent, or pitted) might not be capable of performing safely while in service. For your further information, I am enclosing a pamphlet issued by this agency entitled Federal Motor Vehicle Safety Standards and Regulations and a fact sheet entitled Where to Obtain NHTSA's Safety Standards and Regulations. The pamphlet briefly summarizes each of our Federal motor vehicle safety standards and the fact sheet advises where to obtain the full text of those standards and our other regulations. You may also find helpful the attached fact sheet entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment. We also note that the Occupational Safety and Health Administration (OSHA) has a regulation on the refurbishing of damaged rim components. You can contact OSHA at (202) 219-7202, ATTN: Mr. Richard Sauger, for information about that regulation. I hope this information is will be of assistance to you. Should you have any further questions, please feel free to contact Mr. Myers at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures";

ID: 003064 Spain inflatable seat

ID: aiam5122

"Dear Mr. Chaudhari: This responds to your follow-up letter of Novembe 16, 1992, subsequent to our response, dated August 12, 1992, to your earlier letter. I am pleased that the information given you in our previous letter is proving helpful in your work. In your current letter you request information regarding DOT certification of automotive components in general, and 'brake hose ends' in particular. I would like to clarify the relevant points made in our last letter to clear up any misunderstandings. Neither the Department of Transportation (DOT), nor the National Highway Traffic Safety Administration (NHTSA, a part of DOT) conduct any certification testing. Under the National Traffic and Motor Vehicle Safety Act (Safety Act), a copy of which I have enclosed, the manufacturer is responsible for certifying that its components or vehicles are in compliance with NHTSA's safety standards. Manufacturers must have some basis for their certification that a product complies with all applicable safety standards. This does not necessarily mean that a manufacturer must conduct the specific tests set forth in an applicable standard. Certifications may be based on, among other things, engineering analyses, actual testing, and computer simulations. NHTSA tests vehicles and equipment sold to consumers for compliance with the FMVSS's and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. A manufacturer of noncomplying or defective products is also subject to civil penalties. With respect to your specific question about 'brake hose ends,' Standard No. 106, 'Brake Hoses,' applies to new motor vehicles and to 'brake hoses' (which include plastic tubing), brake hose end fittings, and brake hose assemblies. A copy of the standard is enclosed. The standard specifies labeling and performance requirements for these products to reduce the likelihood of brake system failure from ruptures in the brake hose or brake hose assembly. New brake hoses, end fittings, and assemblies must meet these requirements to be sold in or imported into this country. If the items do not comply, the manufacturer is subject to the civil penalties and the recall responsibilities mentioned above. I have enclosed a copy of the test procedure manual used by the agency in its tests to verify compliance of the brake hoses. However, please see the Note on page 1 of the procedure manual regarding a manufacturer's certification testing. NHTSA does not authorize testing agencies to perform certification procedures. Therefore, we cannot provide a list of the agencies in India or elsewhere that are capable of certifying motor vehicles or motor vehicle equipment. I hope this information clarifies NHTSA's role in the certification process. If you have any further questions about NHTSA's safety standards, please feel free to contact David Elias of my staff at this address or by telephone at (202) 366-2992. Our fax number is (202) 366-3820. Sincerely, John Womack Acting Chief Counsel Enclosure";