ID: nht69-2.1

DATE: 03/28/69

FROM: AUTHOR UNAVAILABLE; Charles A. Baker; NHTSA

TO: The Hail Company

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of February 24, 1969, to the Office of Standards Preparation, concerning the proposed lighting equipment on your dump trailers.

The lamps and reflectors shown on your drawing 701b1907 dated February 20, 1969, appear to be in conformance with the requirements of Standard No. 108 with the following exceptions:

1. The required license plate lamp is not shown.

2. The minimum mounting height for reflectors is 15 inches.

3. With respect to maximum mounting zones for lamps and reflectors, the limiting dimensions of 16, 30, and 24 inches indicated on your drawing appear to be too liberal for a trailer with essentially square corners.

With reference to Notes 2 and 3 on your drawing, certain restrictions as specified in paragraph S3.3 of Standard No. 108 are applicable for combination lamps.

With respect to the requirements of Standard No. 108, I must point out that this Bureau does not issue approvals on items of lighting equipment or on vehicle designs incorporating this equipment. Therefore, the above comments are for your information only, and in no way relieve the vehicle manufacturer from (Illegible Word) responsibility for certifying that the assembled vehicle meets the requirements of Standard No. 108.

ID: nht70-2.54

DATE: 10/28/70

FROM: AUTHOR UNAVAILABLE; Rodolfo A. Diaz; NHTSA

TO: TVR Engineering Ltd.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of October 14, 1970, to the Director of the National Highway Safety Bureau forwarding information sheets on the TVR Vixen. I am enclosing copies of the Bureau's Consumer Information Regulations (49 CFR Part 575). The substantive provisions, @ 575.101 on vehicle stopping distance, @ 575.102 on tire reserve load, and @ 575.106 on acceleration and passing ability, require the furnishing of specific information in a format which is in the form set out in the regulations. The information sheets which you have provided fall short of these requirements in both form and substance. For example, @ 575.101 requires furnishing information on the minimum stopping distance, expressed in feet, for the particular vehicle, from a particular speed, at specified loads, with the braking system in a specified condition. The information provided by you in this regard is incomplete, and is not in the form specified. In addition, the regulations require the information to describe and be valid for each of the vehicles with which it is provided.

Please study the enclosed regulations carefully and forward to us complying consumer information within the near future. Let us know if you need further assistance.

ENCLOSURES

ID: 1691y

The Honorable Howard Wolpe
U.S. House of Representatives
Washington, D.C. 20515

Dear Mr. Wolpe:

Thank you for your letter to former Secretary Burnley on behalf of your constituent, Mr. Dennis Furr of Lansing, Michigan. I've been asked to respond to your letter since the National Highway Traffic Safety Administration (NHTSA) is responsible for administering Federal programs relating to school bus safety.

Mr. Furr is concerned about the potential safety problems that may result if school bus seats are being overloaded. In particular, Mr. Furr asks whether NHTSA's Highway Safety Program Guideline (HSPG) No. 17, Pupil Transportation Safety (23 CFR /1204.4), is consistent with Federal Motor Vehicle Safety Standard (FMVSS) No. 222, School Bus Passenger Seating and Crash Protection (49 CFR /571.222), with regard to seating specifications. Mr. Furr is particularly interested in how manufacturers are calculating the number of seating positions on a bench seat.

I am pleased to address your constituent's concerns. Before I begin, I want to note that we have answered a number of similar inquiries from Mr. Furr in past years.

We have two sets of "regulations" for school buses. The first, issued under the Vehicle Safety Act, includes our motor vehicle safety standards which apply to the manufacture and sale of new school buses. Compliance with these standards is mandatory for new vehicle manufacturers, and is enforced by this agency with civil penalties. FMVSS No. 222, with which your constituent is concerned, is one such safety standard. The second set of "regulations," or guidelines, for school buses was issued under the Highway Safety Act. Guidelines issued under this Act are not mandatory for the states; rather, they are recommended practices. Highway Safety Program Guideline No. 17, to which Mr. Furr frequently refers in his letter, consists of recommendations to the States for operating their school buses and pertains to Federal funding of State highway safety programs.

Both FMVSS No. 222 and Guideline No. 17 contain specifications for school bus seating. Paragraph S4.1 of FMVSS No. 222 states: "The number of seating positions considered to be in a bench seat is expressed by the symbol W, and calculated as the bench width in inches divided by 15 and rounded to the nearest whole number." The guideline for seating accommodations in HSPG 17 states:

Seating should be provided that will permit each occupant to sit in a seat in a plan view lateral location, intended by the manufacturers to provide seating accommodation for a person at least as large as a 5th percentile adult female, as defined in 49 CFR 571.3.

Mr. Furr appears to see a conflict between the formula used in calculating the forces to be applied to the seats of large school buses under FMVSS No. 222, on the one hand, and the use by States and manufacturers of 13-inch seating positions for rating the capacity of a 39-inch seat, on the other hand. I believe that Mr. Furr's belief in the existence of a conflict rests on a misunderstanding.

We view Standard No. 222 and HSPG 17 as complementary, not inconsistent. HSPG 17 reflects NHTSA's belief that all school bus passengers should be seated in the interest of safety. To that end, the guideline provides that there should be a seating position for each passenger and that the position should be at least large enough to accommodate a 5th percentile adult female. The hip width (sitting) of a 5th percentile adult female is 12.8 inches.

The figure "15" in FMVSS No. 222's compliance formula is not a minimum requirement for the width of a seating position. It is the number which is used to establish the number of designated seating positions and ensures that the forces applied to the seat during compliance tests are reasonable reflections of the crash forces that would be involved in a real-world crash. It is also the number which ensures that the width of the smallest seat is approximately equal to the hip width of the 5th percentile female. That is consistent with HSPG 17 which provides that seating positions shall be at least large enough for a 5th percentile female. Use of the figure "15" in the FMVSS No. 222 formula results in a minimum seating position width of 12.67 inches (for a 38-inch wide seat.) That is only slightly smaller than the 12.8 inch hip width of the 5th percentile female. For a 39-inch wide seat, the single position width is 13 inches, which is slightly larger than the hip width of a 5th percentile female.

It should be remembered, however, that the number of seating positions derived from the FMVSS No. 222 formula is not meant to be a measure of the absolute capacity of the bus for all size occupants. We recognize that, in practice, school buses transport a tremendously wide variety of student sizes. For example, a bus that may be capable of easily accommodating 65 preschool or elementary students may be capable of carrying only 43 high school students. When the bus is used to transport students of widely varying ages and sizes, reasonable accommodations may vary between those values. The decision on how many passengers may be comfortably and safely accommodated, therefore, is a decision that must be reached by the bus operator, in light of the ages and sizes of passengers involved.

NHTSA does not have the authority under either the Highway Safety Act or Vehicle Safety Act to regulate how States use school buses. Therefore, NHTSA could not preclude a State from carrying more passengers on a bench seat than there are designated seating positions. However, this agency agrees with Mr. Furr that a student should not sit on a seat unless the student can sit fully on the seat instead of sitting only partially on the seat and thus only being partially protected by the compartmentalization. We believe that Mr. Furr's concerns as they apply to public schools would be best addressed by his working with the local school board and state officials.

Mr. Furr is also concerned about a reference in our occupant crash protection standard (No. 208) to a 95th-percentile adult male occupant size. He asks why FMVSS No. 222 uses a 15-inch seat dimension, when FMVSS No. 208 references the 95th-percentile adult male occupant size in specifying occupant sizes which safety belts must adjust to fit.

Both FMVSS No. 208 and FMVSS No. 222 are directed at providing occupant crash protection. Both of these standards set forth comprehensive requirements that are directed at protecting occupants likely to be inside a vehicle in a crash. With regard to school buses, the agency determined that the crash protection requirements should be developed taking into account the full size range of passengers typically riding on school buses. If we designed the force and deflection (energy-absorbing) characteristics of the seats for the 95th percentile males, the seats may be too stiff for a small child.

Finally, Mr. Furr asks whether, when voluntarily installing safety belts on large school buses, States are violating Federal law by using S4.1 of FMVSS No. 222 in determining how many positions (and belts) there are on a bench seat. The answer is no. FMVSS No. 222 requires safety belts only for the passenger positions of small (10,000 pounds or less GVWR) school buses. Under S5 of the standard, belts on a small school bus bench seat are installed at "W" seating positions, as determined under S4.1. If a State wishes to order belts on its new large school bus and to use the same method for determining the number of belts to be installed, the State may do so.

I hope this information is helpful. If you have any further questions, please do not hesitate to contact me.

Sincerely,

Diane K. Steed /ref:VSA#222 d:2/23/89

ID: nht89-1.24

TYPE: INTERPRETATION-NHTSA

DATE: 02/23/89

FROM: DIANE K. STEED -- NHTSA

TO: HOWARD WOLPE -- U.S. HOUSE OF REPRESENTATIVES

TITLE: NONE

ATTACHMT: TRANSMITTAL LETTER DATED 12/21/88 FROM HOWARD WOLPE -- CONGRESS TO JAMES BURNLEY; LETTER DATED 12/12/88 FROM DENNIS D. FURR TO HOWARD WOLPE -- CONGRESS

TEXT: Dear Mr. Wolpe:

Thank you for your letter to former Secretary Burnley on behalf of your constituent, Mr. Dennis Furr of Lansing, Michigan. I've been asked to respond to your letter since the National Highway Traffic Safety Administration (NHTSA) is responsible for admi nistering Federal programs relating to school bus safety.

Mr. Furr is concerned about the potential safety problems that may result if school bus seats are being overloaded. In particular, Mr. Furr asks whether NHTSA's Highway Safety Program Guideline (HSPG) No. 17, Pupil Transportation Safety (23 CFR @ 1204.4 ), is consistent with Federal Motor Vehicle Safety Standard (FMVSS) No. 222, School Bus Passenger Seating and Crash Protection (49 CFR @ 571.222), with regard to seating specifications. Mr. Furr is particularly interested in how manufacturers are calcul ating the number of seating positions on a bench seat.

I am pleased to address your constituent's concerns. Before I begin, I want to note that we have answered a number of similar inquiries from Mr. Furr in past years.

We have two sets of "regulations" for school buses. The first, issued under the Vehicle Safety Act, includes our motor vehicle safety standards which apply to the manufacture and sale of new school buses. Compliance with these standards is mandatory fo r new vehicle manufacturers, and is enforced by this agency with civil penalties. FMVSS No. 222, with which your constituent is concerned, is one such safety standard. The second set of "regulations," or guidelines, for school buses was issued under th e Highway Safety Act. Guidelines issued under this Act are not mandatory for the states; rather, they are recommended practices. Highway Safety Program Guideline No. 17, to which Mr. Furr frequently refers in his letter, consists of recommendations to the States for operating their school buses and pertains to Federal funding of State highway safety programs.

Both FMVSS No. 222 and Guideline No. 17 contain specifications for school bus seating. Paragraph S4.1 of FMVSS No. 222 states: "The number of

seating positions considered to be in a bench seat is expressed by the symbol W, and calculated as the bench width in inches divided by 15 and rounded to the nearest whole number." The guideline for seating accommodations in HSPG 17 states:

Seating should be provided that will permit each occupant to sit in a seat in a plan view lateral location, intended by the manufacturers to provide seating accommodation for a person at least as large as a 5th percentile adult female, as defined in 4 9 CFR 571.3.

Mr. Furr appears to see a conflict between the formula used in calculating the forces to be applied to the seats of large school buses under FMVSS No. 222, on the one hand, and the use by States and manufacturers of 13-inch seating positions for rating t he capacity of a 39-inch seat, on the other hand. I believe that Mr. Furr's belief in the existence of a conflict rests on a misunderstanding.

We view Standard No. 222 and HSPG 17 as complementary, not inconsistent. HSPG 17 reflects NHTSA's belief that all school bus passengers should be seated in the interest of safety. To that end, the guideline provides that there should be a seating posit ion for each passenger and that the position should be at least large enough to accommodate a 5th percentile adult female. The hip width (sitting) of a 5th percentile adult female is 12.8 inches.

The figure "15" in FMVSS No. 222's compliance formula is not a minimum requirement for the width of a seating position. It is the number which is used to establish the number of designated seating positions and ensures that the forces applied to the sea t during compliance tests are reasonable reflections of the crash forces that would be involved in a real-world crash. It is also the number which ensures that the width of the smallest seat is approximately equal to the hip width of the 5th percentile female. That is consistent with HSPG 17 which provides that seating positions shall be at least large enough for a 5th percentile female. Use of the figure "15" in the FMVSS No. 222 formula results in a minimum seating position width of 12.67 inches (f or a 38-inch wide seat.) That is only slightly smaller than the 12.8 inch hip width of the 5th percentile female. For a 39-inch wide seat, the single position width is 13 inches, which is slightly larger than the hip width of a 5th percentile female.

It should be remembered, however, that the number of seating positions derived from the FMVSS No. 222 formula is not meant to be a measure of the absolute capacity of the bus for all size occupants. We recognize that, in practice, school buses transport a tremendously wide variety of student sizes. For example, a bus that may be capable of easily accommodating 65 preschool or elementary students may be capable of carrying only 43 high school students. When the bus is used to transport students of wide ly varying ages and sizes, reasonable accommodations may vary between those values. The decision on how many passengers may be

comfortably and safely accommodated, therefore, is a decision that must be reached by the bus operator, in light of the ages and sizes of passengers involved.

NHTSA does not have the authority under either the Highway Safety Act or Vehicle Safety Act to regulate how States use school buses. Therefore, NHTSA could not preclude a State from carrying more passengers on a bench seat than there are designated seat ing positions. However, this agency argues with Mr. Furr that a student should not sit on a seat unless the student can sit fully on the seat instead of sitting only partially on the seat and thus only being partially protected by the compartmentalizati on. We believe that Mr. Furr's concerns as they apply to public schools would be best addressed by his working with the local school board and state officials.

Mr. Furr is also concerned about a reference in our occupant crash protection standard (No. 208) to a 95th-percentile adult male occupant size. He asks why FMVSS No. 222 uses a 15-inch seat dimension, when FMVSS No. 208 references the 95th-percentile ad ult male occupant size in specifying occupant sizes which safety belts must adjust to fit.

Both FMVSS No. 208 and FMVSS No. 222 are directed at providing occupant crash protection. Both of these standards set forth comprehensive requirements that are directed at protecting occupants likely to be inside a vehicle in a crash. With regard to sch ool buses, the agency determined that the crash protection requirements should be developed taking into account the full size range of passengers typically riding on school buses. If we designed the force and deflection (energy-absorbing) characteristic s of the seats for the 95th percentile males, the seats may be too stiff for a small child.

Finally, Mr. Furr asks whether, when voluntarily installing safety belts on large school buses, States are violating Federal law by using S4.1 of FMVSS No. 222 in determining how many positions (and belts) there are on a bench seat. The answer is no. FM VSS No. 222 requires safety belts only for the passenger positions of small (10,000 pounds or less GVWR) school buses. Under S5 of the standard, belts on a small school bus bench seat are installed at "W" seating positions, as determined under S4.1. If a State wishes to order belts on its new large school bus and to use the same method for determining the number of belts to be installed, the State may do so.

I hope this information is helpful. If you have any further questions, please do not hesitate to contact me.

Sincerely,

ID: nht93-8.34

DATE: November 30, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Richard L. Plath -- Selecto-Flash, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 11/15/93 from Richard L. Plath to Taylor Vinson (OCC-9327)

TEXT:

This is in reply to your letter of November 15, 1993, to Taylor Vinson of this Office on trailer conspicuity. You ask for confirmation of several points.

Initially, we would like to comment as follows on the 4-point procedure you have outlined:

"1) A chassis for purposes of the conspicuity requirement shall be considered to be a trailer."

This is correct. Because the chassis is designed for carrying property and for being towed by a motor vehicle, it is a "trailer" as defined for purposes of compliance with the Federal motor vehicle safety standards.

"2) That the total length of the chassis shall be used in computing the 50 percent coverage of high intensity reflective for each individual side.

This is correct. Under S5.7.1.4.2(a) of Standard No. 108, retroreflective tape "need not be continuous as long as not less than half of the length of the trailer is covered...."

"3) In the case of a 48 foot chassis, the law will thus require a minimum of 24 feet of the approved reflective sheeting to be applied to each side. Further, there shall not be more than 18 inches of either red or silver reflective in a continuous strip and that there shall not be an allowed void of more than 48 inches between modules."

This is partially correct. Under S.7.1.4.2(a), a minimum of 24 feet of reflective material must be applied to the side of a 48-foot trailer. However, S5.7.1.3(a) requires the colors to be red and white, not red and silver. Further, under S5.7.1.3(b) , the permissible lengths of the sheeting are expressed as "each white or red segment shall have a length of 300 mm +/- 150 mm." We note that 450 mm is slightly less than 18 inches.

Standard No. 108 does not specify any maximum permissible "void... between modules." Under S5.7.1.4.2(a), the spaces are to be distributed "as evenly as practicable."

"4) *** when the chassis is not loaded with a container, the application of 24 feet per side of a 48 foot chassis of evenly spaced reflective modules would comply with the law as we understand it. It would identify the extreme front and rear portions of the chassis.***"

This is incorrect. Compliance by an unloaded container chassis with the conspicuity requirements is determined as if the container load were in place. S7.5.1.4.2(a) states that "at the location chosen (for conspicuity treatment), the strip shall not be obscured in whole or in part by other motor vehicle equipment or trailer cargo." Because the container obscures the gooseneck, the conspicuity treatment mandated by Standard No. 108 cannot identify the extreme front portion of the chassis. Its front termination point will be behind the gooseneck, at a point where it is not obscured by the Container. You have correctly stated this with respect to a loaded chassis but it applies to the unloaded chassis as manufactured:

"... the entire 24 feet (50 per cent of length) (shall) be applied behind the gooseneck. In general this would mean that the rear 40 foot portion of the chassis would contain the 24 feet of reflective modules. Further we understand that the 50 percent requirement would be satisfied and that additional modules would not have to be applied to the gooseneck."

You conclude that a gooseneck chassis traveling without its container would be in violation of Standard No. 108 if its gooseneck were not marked "creating a hazard and would violate the requirement stating that a void of no more than four feet is allowable." You also ask "(i)s there a benefit in applying the additional 4 feet of reflective within the rear 40 foot portion of the chassis?"

As explained previously, Standard No. 108 does not require marking of the gooseneck of a container chassis, and there is ho requirement limiting the spacing between segments of retroreflective material. We believe that the desired conspicuity of the trailer will be maintained by requiring the additional 4 feet of sheeting on the chassis behind the gooseneck when the gooseneck itself will be obscured with the container in place. Standard No. 108 does not prohibit a manufacturer from applying conspicuity treatment to the 8-foot gooseneck of a 48 foot trailer if it wishes to do so; however, the manufacturer is still required to apply not less than 24 feet of material in the 40-foot section behind the gooseneck.

We shall be pleased to answer the following four questions you have also raised:

"1) Will we need to apply 24 feet of stripping on a 48 foot chassis behind the gooseneck plus an additional 4 feet on the gooseneck?"

You will have to apply 24 feet of stripping on the portion of a 48-foot chassis that lies behind the gooseneck, but you are not required to mark the gooseneck.

"2) Since a chassis is considered to be treated as a trailer, shouldn't we apply the 24 feet evenly spaced from the extreme rear and front portions of the chassis?"

As explained previously, the 24 feet of material is to be applied behind the gooseneck. If you wish to apply evenly spaced conspicuity treatment that includes the gooseneck, you may do so, as long as at least 24 feet of it is behind the gooseneck.

"3) Is a tire considered a legal obstruction? If so, can we deduct the distance behind the tire from the 50 percent coverage?"

Yes, a tire is "motor vehicle equipment" within the meaning of S5.7.1.4.2(a) forbidding the obscuring of conspicuity treatment. No, you may not deduct the length of the area obscured by the tire from the 50 per cent coverage. You must include it in the 50 per cent computation. Thus, if a tire would obscure 3 feet of conspicuity material on the side of a 48 foot gooseneck trailer, the manufacturer must apply 24 feet of material in the 37 feet that is behind the gooseneck which is not obscured. We note in passing that the prints submitted for our review by J.Z. Peepas of Selecto-Flash depict conspicuity treatment that is above the top of the tire and apparently not obscured by it.

"4) We anticipate that the slide mechanism on an extendable chassis will scrape the reflective film off the chassis. Is the operator then subject to penalties? How will the operator be able to avoid these penalties since they have no control over this process?"

You are not required to place conspicuity treatment on the extendable portion of the chassis provided that not less than half of the length of the trailer is covered when the conspicuity treatment is placed elsewhere. In the event that conspicuity treatment is placed on the extendable portion and is damaged when the trailer is in use, the operator will not be subject to any penalties of this agency. Federal regulations governing the use of commercial vehicles in interstate commerce are issued by another agency of the Department of Transportation, the Federal Highway Administration (FHWA). The FHWA requires that vehicles manufactured on or after March 7, 1989, meet the requirements of Standard No. 108 in effect on the date of manufacture of the vehicle (49 CFR 393.11). Therefore, maintenance of the conspicuity treatment on trailers manufactured on or after December 1, 1993, is required by the FHWA. If you wish to write FHWA on this topic, you may address James E. Scapellato, Director, Office of Motor Carrier Standards, FHWA, Room 3107, 400 Seventh Street, SW, Washington, D.C. 20590.

The individual states may have regulations in this area as well. We are unable to advise you on State requirements, and suggest that you consult the American Association of Motor Vehicle Administrators, 4600 Wilson Blvd., Arlington, Va. 22203.

ID: nht76-4.41

DATE: 03/26/76

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Thomas A. Kirwan III - Capco

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of February 25, 1976, requesting information concerning the Federal motor vehicle safety standards and regulations applicable to transit vehicles, specifically, Dodge vans that will be used in a rural transportation system.

The answers to your questions are as follows:

(1) "Which FMVSS apply to vans used in transit service?"

If your Dodge vans are designed to carry 10 persons or less they would qualify as "multipurpose passenger vehicles", as defined in 49 CFR Part 571.3. As multipurpose passenger vehicles, the Dodge vans would be subject to the requirements of the Federal Motor Vehicle Safety Standards listed below. The standards marked with an asterick (*) are equipment standards and do not apply to the vehicles themselves. Rather, these standards set forth requirements for manufacturers of motor vehicle equipment for use in multipurpose passenger vehicles.

No. 101 - Control Location, Identification, and Illumination.

No. 102 - Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect.

No. 103 - Windshield Defrosting and Defogging Systems.

No. 104 - Windshield Wiping and Washing Systems.

*No. 106-74 - Brake Hoses.

No. 107 - Reflecting Surfaces.

No. 108 - Lamps, Reflective Devices, and Associated Equipment.

No. 111 - Rearview Mirrors.

No. 112 - Headlamp Concealment Devices.

No. 113 - Hood Latch System.

*No. 116 - Motor Vehicle Brake Fluids.

No. 118 - Power Operated Window Systems.

*No. 119 - New Pneumatic Tires for Vehicles Other Than Passenger Cars.

No. 120 - Tire Selection and Rims for Vehicles Other than Passenger Cars.

No. 124 - Accelerator Control Systems.

*No. 125 - Warning Devices.

*No. 205 - Glazing Materials.

No. 206 - Door Locks and Door Retention Components.

No. 207 - Seating Systems.

No. 208 - Occupant Crash Protection.

*No. 209 - Seat Belt Assemblies.

No. 210 - Seat Belt Assembly Anchorages.

No. 211 - Wheel Nuts, Wheel Discs and Hub Caps.

No. 213 - Child Seating Systems.

No. 219 - Windshield Zone Intrusion.

No. 301-75 - Fuel System Integrity.

No. 302 - Flammability of Interior Materials.

The manufacturer of the Dodge vans must affix a label to each vehicle certifying that the vehicle is in compliance with all applicable Federal motor vehicle safety standards and regulations, as required by 49 CFR Part 567, Certification. This certification label should be affixed to the door or door post of each vehicle, and you should check to make certain that it is present.

Please note that if the Dodge vans are designed to carry more than 10 persons, they would be classified as "buses" under 49 CFR Part 567.3, and the list of applicable safety standards would differ.

(2) "Does NHTSA recommend a set of vehicle specifications for vans used in transit?"

No. The NHTSA has issued only the requirements found in the motor vehicle safety standards and regulations.

(3) "Do any FMVSS apply specifically to modified vans (e.g. those filled with hydraulic lift for wheelchairs and a raised roof)?"

No. Such vehicles must meet the same standards as other MPV's.

(4) "Are there any regulations which apply to fiberglass bubbletops on vans in transit service?"

Yes. Motor Vehicle Safety Standard No. 205, Glazing Materials, 49 CFR 571.205, specifies requirements for glazing materials for use in motor vehicles and motor vehicle equipment. Rigid plastic materials that are to be used as covers for openings in the roof of a vehicle must conform to the requirements specified in paragraph S5.1.2.1 of Standard No. 205.

(5) "Are there any regulations, perhaps within the Federal Highway Safety Act, which apply to driver qualifications?"

Yes. Driver qualifications for transit vehicles are governed by Federal Motor Carrier Safety Regulations, 49 CFR Part 391, Qualifications of Drivers.

(6) "Could you provide any further information which you feel would contribute to the safe operation of our transit system?"

At the present time the NHTSA has not issued any general guidelines concerning the organization or operation of transit systems. You may, however, wish to contact the Urban Mass Transportation Administration of this Department for information on this subject.

I hope this letter has been responsive to your questions. Please contact us if we can of any further assistance.

Yours truly,

ATTACH.

CAPCO

February 25, 1976

National Highway Traffic Safety Administration

Gentlemen:

The Capital Area Planning Council is in the process of implementing a rural transportation system as part of the Federal Highway Administration's Rural Highway Public Transportation Demonstration Program (Section 147 of the Federal Aid Highway Act of 1973). We are, therefore, interested in obtaining information concerning vehicle specifications and safety standards for transit vehicles.

Since our transit fleet will be entirely composed of Dodge vans rather than standard transit buses, we are uncertain as to which Federal Motor Vehicle Safety Standards apply specifically to vans used in transit operations. Could you assist us by providing the answers to the following questions:

1) Which FMVSS apply to vans used in transit service?

2) Does NHTSA recommend a set of vehicle specifications for vans used in transit?

3) Do any FMVSS apply specifically to modified vans (e.g. those fitted with hydraulic lift for wheelchairs and a raised roof)? 4) Are there any regulations which apply to fiberglass bubbletops on vans in transit service?

5) Are there any regulations, perhaps within the Federal Highway Safety Act, which apply to driver qualifications?

6) Could you provide any further information which you feel would contribute to the safe operation of our transit system.

Enclosed is a draft of our vehicle specifications. I would appreciate your comments and suggestions prior to March 10 so the necessary revisions may be made before our public hearings begin.

Yours very truly,

Thomas A. Kirwan III -- Transportation Planning Intern

Enclosure

Vehicle Specifications (Minimum Requirements)

1 ton - 125" wheelbase 350 cu. in. 8 cyl. engine 7400 lbs. GVW Min. Front Axle 3300 lbs., Rear Axle 5050 lbs. Automatic Transmission Power Disc Brakes Power Steering Heavy Duty Front/Rear Shock Absorbers Heavy Duty Front/Rear Springs Heavy Duty Alternator Heavy Duty Battery Heater (High Capacity) Air Conditioning (High Capacity) - 22,000 B.T.U. Slant Line or Vented Tinted Glass Windows Gauges - Oil Pressure and Ammeter Lighting Package (Door Actuated) Exterior Lighting to meet F.M.V.S.S. Insulation Package Undercoating Dual Electric Horn and Horn Bar Large Lo-Mount Side Mirrors Seat Belts for all Passengers Two Speed Electric Wipers and Window Washer Exhaust Emission Controls to meet F.M.V.S.S. and State Code High Capacity Fuel Tank Tires 8.00 x 16.5 (10 Ply Truck Type or Steel Radial) Front Stabilizer Bar Oil Filter - 1 Quart Freight, Handling, and Dealer Preparation

Modifications

Raised, Collapse Resistant Steel Roof Cap Restructured, penetration resistant sidewalls, and rear end sections Gas Tank Shield Drive Shaft Guards Passenger Door Entrance Heavy Duty Driver Door Control (manual) Entrance Door and Front Section Padding Passenger Grab Rails Two Leaf Side Door (Extended Doorway) Electric Hydraulic Lift, Expanded Metal Ramp, Semi-Automatic/Manual Override (minimum lift capacity 500 lbs.) Wheelchair Tie Downs (2 prs. mounted at 45 degrees) Rubber Non-Skid Flooring First Aid Kit 2 3/4 lbs. - 10 BC Dry Chemical Fire Extinguisher Reflector Flare Kit

ID: 9327

Mr. Richard L. Plath
Selecto-Flash, Inc.
P.O. Box 879
Orange, NJ 07051

Dear Mr. Plath:

This is in reply to your letter of November 15, 1993, to Taylor Vinson of this Office on trailer conspicuity. You ask for confirmation of several points.

Initially, we would like to comment as follows on the 4-point procedure you have outlined:

"1) A chassis for purposes of the conspicuity requirement shall be considered to be a trailer."

This is correct. Because the chassis is designed for carrying property and for being towed by a motor vehicle, it is a "trailer" as defined for purposes of compliance with the Federal motor vehicle safety standards.

"2) That the total length of the chassis shall be used in computing the 50 percent coverage of high intensity reflective for each individual side."

This is correct. Under S5.7.1.4.2(a) of Standard No. 108, retroreflective tape "need not be continuous as long as not less than half of the length of the trailer is covered . . . ."

"3) In the case of a 48 foot chassis, the law will thus require a minimum of 24 feet of the approved reflective sheeting to be applied to each side. Further, there shall not be more than 18 inches of either red or silver reflective in a continuous strip and that there shall not be an allowed void of more than 48 inches between modules."

This is partially correct. Under S5.7.1.4.2(a), a minimum of 24 feet of reflective material must be applied to the side of a 48-foot trailer. However, S5.7.1.3(a) requires the colors to be red and white, not red and silver. Further, under S5.7.1.3(b), the permissible lengths of the sheeting are expressed as "each white or red segment shall have a length of 300 mm +/- 150 mm." We note that 450 mm is slightly less than 18 inches. Finally, Standard No. 108 does not specify any maximum permissible "void . . . between modules." Under S5.7.1.4.2(a), the spaces are to be distributed "as evenly as practicable."

"4) * * * When the chassis is not loaded with a container, the application of 24 feet per side of a 48 foot chassis of evenly spaced reflective modules would comply with the law as we understand it. It would identify the extreme front and rear portions of the chassis. * * *"

This is incorrect. Compliance by an unloaded container chassis with the conspicuity requirements is determined as if the container load were in place. S7.5.1.4.2(a) states that "at the location chosen [for conspicuity treatment], the strip shall not be obscured in whole or in part by other motor vehicle equipment or trailer cargo." Because the container obscures the gooseneck, the conspicuity treatment mandated by Standard No. 108 cannot identify the extreme front portion of the chassis. Its front termination point will be behind the gooseneck, at a point where it is not obscured by the container. You have correctly stated this with respect to a loaded chassis but it applies to the unloaded chassis as manufactured:

". . . the entire 24 feet (50 per cent of length) [shall] be applied behind the gooseneck. In general this would mean that the rear 40 foot portion of the chassis would contain the 24 feet of reflective modules. Further we understand that the 50 percent requirement would be satisfied and that additional modules would not have to be applied to the gooseneck."

You conclude that a gooseneck chassis traveling without its container would be in violation of Standard No. 108 if its gooseneck were not marked "creating a hazard and would violate the requirement stating that a void of no more than four feet is allowable." You also ask "[i]s there a benefit in applying the additional 4 feet of reflective within the rear 40 foot portion of the chassis?"

As explained previously, Standard No. 108 does not require marking of the gooseneck of a container chassis, and there is no requirement limiting the spacing between segments of retroreflective material. We believe that the desired conspicuity of the trailer will be maintained by requiring the additional 4 feet of sheeting on the chassis behind the gooseneck when the gooseneck itself will be obscured with the container in place. Standard No. 108 does not prohibit a manufacturer from applying conspicuity treatment to the 8-foot gooseneck of a 48 foot trailer if it wishes to do so; however, the manufacturer is still required to apply not less than 24 feet of material in the 40-foot section behind the gooseneck.

We shall be pleased to answer the following four questions you have also raised:

"1) Will we need to apply 24 feet of stripping on a 48 foot chassis behind the gooseneck plus an additional 4 feet on the gooseneck?"

You will have to apply 24 feet of stripping on the portion of a 48-foot chassis that lies behind the gooseneck, but you are not required to mark the gooseneck.

"2) Since a chassis is considered to be treated as a trailer, shouldn't we apply the 24 feet evenly spaced from the extreme rear and front portions of the chassis?"

As explained previously, the 24 feet of material is to be applied behind the gooseneck. If you wish to apply evenly spaced conspicuity treatment that includes the gooseneck, you may do so, as long as at least 24 feet of it is behind the gooseneck.

"3) Is a tire considered a legal obstruction? If so, can we deduct the distance behind the tire from the 50 percent coverage?"

Yes, a tire is "motor vehicle equipment" within the meaning of S5.7.1.4.2(a) forbidding the obscuring of conspicuity treatment. No, you may not deduct the length of the area obscured by the tire from the 50 per cent coverage. You must include it in the 50 per cent computation. Thus, if a tire would obscure 3 feet of conspicuity material on the side of a 48 foot gooseneck trailer, the manufacturer must apply 24 feet of material in the 37 feet that is behind the gooseneck which is not obscured. We note in passing that the prints submitted for our review by J.Z. Peepas of Selecto-Flash depict conspicuity treatment that is above the top of the tire and apparently not obscured by it.

"4) We anticipate that the slide mechanism on an extendable chassis will scrape the reflective film off the chassis. Is the operator then subject to penalties? How will the operator be able to avoid these penalties since they have no control over this process?"

You are not required to place conspicuity treatment on the extendable portion of the chassis provided that not less than half of the length of the trailer is covered when the conspicuity treatment is placed elsewhere. In the event that conspicuity treatment is placed on the extendable portion and is damaged when the trailer is in use, the operator will not be subject to any penalties of this agency. Federal regulations governing the use of commercial vehicles in interstate commerce are issued by another agency of the Department of Transportation, the Federal Highway Administration (FHWA). The FHWA requires that vehicles manufactured on or after March 7, 1989, meet the requirements of Standard No. 108 in effect on the date of manufacture of the vehicle (49 CFR 393.11). Therefore, maintenance of the conspicuity treatment on trailers manufactured on or after December 1, 1993, is required by the FHWA. If you wish to write FHWA on this topic, you may address James E. Scapellato, Director, Office of Motor Carrier Standards, FHWA, Room 3107, 400 Seventh Street, SW, Washington, D.C. 20590.

The individual states may have regulations in this area as well. We are unable to advise you on State requirements, and suggest that you consult the American Association of Motor Vehicle Administrators, 4600 Wilson Blvd., Arlington, Va. 22203.

Sincerely,

John Womack Acting Chief Counsel

ref:108 d:11/30/93

ID: nht91-3.22

DATE: April 16, 1991

FROM: Keith Salsman -- Independent Inventor

TO: Paul Jackson Rice -- Chief Counsul, NHTSA

COPYEE: Robert York

TITLE: None

ATTACHMT: Attached to letter dated 5-8-91 from Paul Jackson Rice to Keith Salsman (A37; Std. 108)

TEXT:

I am an independent inventor seeking a Letter of Interpretation concerning a type of brake light which I have spent several years working on and currently have patent pending status. During that time I have been in contact with Dr. Carl Clark, inventor contact for NHTSA, and more recently Mr. Dick Stromboten who replaced him due to his retirement. I have also talked briefly with Kevin Cavey.

The brake light device, which I call the Braking Intensity Array, is a high mount brake light designed to effectively alert a following car as to the braking status of the forward car. The light is an array of lights that light up first in the center, exactly as the current high mount brake lights, in response to any pressure on the brake pedal. However, if any actual braking occurs then the lights on either side of the center lights will respond appropriately with the adjacent lights lighting under mild braking force, the lights next to them under a stronger braking force, the next lights under an even stronger braking force, and the outer most lights lighting only under a very strong braking force such as emergency braking. Thus the light lights in both directions from the center. Research has indicated that this is very easily interpreted by someone completely unfamiliar with the device.

During the developmental process I have tried to insure absolute compliance with any rule, regulation, or past safety concern. The center lights of the array are wired directly to the current brake light switch and will comply with the regulations on high mount brake lights in the Code of Federal Regulations 571 section 108. The rest of the array is controlled by a separate device which is also connected to the brake switch and will not operate independently. There are fail safe measures to insure that the light will always operate the same regardless of vehicle incline or speed. In addition, as per Dr. Clark's suggestions, the light's response time to various braking forces will be very close to 3 milliseconds which is quick enough to give the light "Real Value" and not just "Perceived Value".

In the past year I have approached several companies with my idea. Most are interested but unwilling to pursue anything because of what they called "too much government involvement" to overcome. Recently NAPA Auto Parts has expressed a keen interest, as well as TRUCK-LITE. Mr. Robert York of TRUCK-LITE has sent me an honest non-disclosure agreement and has given a favorable response. He told me that he will send a Request for a Letter of Interpretation as well. However, since he has signed a non-disclosure it is difficult for him to be specific. Therefore, I have submitted this request in addition to his.

The General Estimates System of the Department of Transportation has on record in 1988 a total of 6,875,500 Police Reported Roadway Accidents. A total of 1,622,000 were reported as Rear End Collisions. Many more of these roadway accidents could be of a secondary nature to a Rear End Collision, for example, a vehicle swerved to avoid a rear end collision and struck another object. Approximately 500,000 of the Rear End Collisions involved minor or moderate injury and 1,962 involved fatalities. The most common injury involved spinal trauma or whiplash. This injury usually persists long after the accident. High-mount headrests are installed as a safety feature now to avoid this.

A great majority of these Rear End Collisions occurred in our cities during periods of heavy traffic causing traffic jams and lost working hours. As the traffic continues to increase in the cities and urban areas, we can expect the number of such rear end collisions to increase substantially.

The following articles of the Department of Transportation Code of Federal Regulations on lamps, reflective devices and associated equipment are concerned with high-mount brake lights. In S2, article 571.08, it states:

Purpose. The purpose of this standard is to reduce traffic accidents and deaths and injuries resulting from traffic accidents, by providing adequate illumination of the roadway, and by enhancing the conspicuity of motor vehicles on the public roads so that their presence is perceived and their signals understood, both in daylight and in darkness or other conditions of reduced visibility.

In S5.1.1.27 of the same article, it states:

Each passenger car manufacture on or after September 1,1985, shall be equipped with a high-mounted stop lamp which: a) Shall have an effective projected luminous area not less than 4 1/2 square inches.

b) Shall have a signal visible to the rear through a horizontal angle from 45 degrees to the left to 45 degrees to the right of the longitudinal axis of the vehicle.

c) Shall have a the minimum photometric values in the amount and location listed in Figure 10.

d) Need not meet the requirements of paragraphs 3.1.6 Moisture, 3.1.7 Dust Test and 3.1.8 Corrosion Test of SAE Recommended Practice J186a if it is mounted inside the vehicle. e) Shall provide access for convenient replacement of the bulb without the use of special tools.

In S5.3.1.8: Each high-mounted stop lamp shall be mounted with its center on the vertical centerline of the passenger car as the car is viewed from the

rear. The lamp may be mounted at any position on the centerline, including the glazing. If the lamp is mounted inside the vehicle, means shall be provided to minimize reflections from the light of the lamp upon the rear window glazing that might be visible to the driver when viewed directly or indirectly in the rearview mirror. If the lamp is mounted below the rear window, no portion of the lens shall be lower than 6 inches below the rear window on convertibles, or 3 inches on other passenger cars.

In S5.4.1:

Two or more lamps, reflective devices or items of associated equipment may be combined if the requirements for each lamp, reflective device and item of associated equipment are met, except that no clearance lamp may be combined optically with any tail lamp or identification lamp and no high-mounted stop shall be combined with any other lamp or reflective device.

In S5.5.4:

The stop lamps on each vehicle shall be activated upon application of the service brakes. The high-mounted stop lamp on each passenger car shall be activated only upon application of the service brakes.

In S5.5.10:

b) High-mounted stop lamps on passenger cars manufactured on or after August 1, 1984, but before September 1, 1986, may flash when the hazard warning system is activated.

These are all references to high-mounted brake lights in the Code of Federal Regulations.

I respectfully submit that my Braking Intensity Array can be manufactured according to the regulations on high-mounted brake lights, and if so manufactured would not violate any of those rules or regulations nor would it deviate from the spirit, intent, or purpose of the Federal Code of Regulations.

In conclusion the brake light described above should help to reduce rear end collisions by alerting the car behind as to the braking condition of the vehicle. Also in congested areas of traffic it will help to keep traffic flowing more smoothly. This is due to the overreaction of many drivers to the brake lights of the car ahead. In many cases a driver may rest his foot on the brake with no braking pressure, however the car following sees the brake light come on and applies some braking force. The next car applies even more force, and so on until traffic is forced to stop. As traffic continues to increase this problem will become greater. This has been recognized and there has been some work done to install computers in cars to alert the computer in the following car as to the braking condition. Why not give the driver the information first?

ID: WarningLabel-GF

Mr. Gerald Plante
Governmental Affairs
Subaru of America, Inc.
PO Box 6000
Cherry Hill, NJ 08034-6000

Dear Mr. Plante:

This responds to your e-mail of December 19, 2002, concerning certain labeling requirements found in S4.5.1 of Federal Motor Vehicle Safety Standard No. 208, Occupant crash protection (FMVSS No. 208). Specifically you ask what constitutes the "message area" in S4.5.1(b)(2)(ii) and S4.5.1(e)(2)(ii) and the corresponding Figures 8 and 9. Since your correspondence was received, the National Highway Traffic Safety Administration (NHTSA) has added an additional label that is depicted in Figure 11. [1] The new figure mirrors Figure 8 in all respects except for the addition of a new information bullet, and the two labels will be considered together.

S4.5.1(b)(2), S4.5.1(c), S4.5.1(e)(2) detail the warning label requirements for vehicles certified to the advanced air bag requirements of FMVSS No. 208. The required sun visor warning label must conform in content with the label depicted in Figure 8 or Figure 11 of the standard and must also comply with the formatting requirements specified in S4.5.1(b)(2)(i) through S4.5.1(b)(2)(iv). [2] S4.5.1(b)(2)(ii) requires that the message area within the warning label be no less than 30 cm². S4.5.1(b)(2)(iii) contains a separate requirement that the pictogram be no less than 30 mm (1.2 in) in length. For the removable dashboard label depicted in Figure 9, the message area within the warning label must be no less than 30 cm² (S4.5.1(e)(2)(ii)). Figures 8 and 11 do not have a clear demarcation between the text area and the pictogram. Further, part of the required text in Figures 8 and 11, "even with advanced air bags," is located directly above the pictogram.

In your correspondence you offer four possible interpretations of the term "message area" for Figures 8 and 11 and three possible interpretations of the term for Figure 9.

For Figures 8 and 11 the possible options are as follows:
1) the entire label is the message area;
2) all of the label other than the yellow heading area is the message area;
3) all of the label other than the yellow heading area and the pictogram is the message area; or
4) only the portion of the label with bulleted information is the message area.

For Figure 9 the possible options are as follows:
1) the entire label is the message area;
2) all of the label other than the yellow heading area is the message area; or
3) all of the label other than the yellow heading area and the phrase "even with advanced air bags" is the message area.

The message area described in S4.5.1(b)(2)(ii) refers to the text of the label and the introductory statement of "even with advanced air bags," located above the text and the pictogram, but not to the pictogram. We construe the statement "even with advanced air bags" as a part of the message area because it is not shaded yellow and thus is not part of the heading area. The message area for Figure 9 is all of the label other than the yellow header.

Figures 8, 9, and 11 are based on the sun visor air bag labels depicted in Figures 6a, 6b, and 7 of the standard, which were adopted in 1996. Figures 6a and 6b contain a vertical line separating the message area and the pictogram, although the requirement for these lines is not contained within the regulatory text. Figure 7 depicts a temporary dashboard label with no pictogram. In adopting the new label requirements, NHTSA specified separate dimensions for the message area and the pictogram area. In the preamble to the 1996 Final Rule introducing new label requirements, NHTSA stated that "[t]he agency expects that manufacturers will ensure the English text of each labels fills the 30 cm² area." See 61 Fed. Reg. 60206 at 60210, (Nov. 27, 1996). This statement demonstrates NHTSA's intent that the 30 cm² message area contain only text.

When NHTSA published the advanced air bag final rule on May 12, 2000, it adopted the new Figures 8 and 9 with the same minimum message area and pictogram dimensions as the earlier adopted figures. The agency had no intention of reducing the size of the required warning labels. If the pictogram were considered part of the message area in Figures 8 and 11, the effect would be a significant reduction in the minimum size requirements for the English text of the label. Such a reduction in size was not contemplated by NHTSA.

In order to clarify how to measure the message area, we are providing an explanation of the following parameters. The "message area" consists of the total label area minus the yellow heading area and the pictogram. The pictogram area is enclosed on the left side and bottom by the edge of the label. The right side of the pictogram is defined by a vertical line midway between the rightmost edge of the pictogram and the left most edge of the text, including any bullets. The top edge of the pictogram area is defined by a horizontal line midway between the uppermost edge of the pictogram and the lowermost edge of the text (see Figure 1).

S4.5.1(e)(2)(ii) requires that a message area within the Figure 9 warning label be no less than 30 cm². Unlike the aforementioned warning label specified in S4.5.1(b) and Figures 8 and 11, the S4.5.1(e) warning label does not have a pictogram. Rather, it contains only a yellow heading area and a message area. As with Figures 8 and 11, the statement "even with advanced air bags" is a part of the message area because it is not shaded yellow and thus is not part of the heading area. Accordingly, the message area comprises the entire lower part of label below the heading area shaded in yellow (see Figure 2).

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

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
Ref:208
d.5/6/03





Figure 1. "message area" is represented by broken lines



• NOTE: the above diagram is not to scale and does not include the required pictogram and shading





Figure 2. "message area" is represented by broken lines




• NOTE: the above diagram is not to scale and does not include the required shading





---

[1] See 68 FR 504, January 6, 2003, NHTSA Docket No. NHTSA-02-14165.

[2] Figure 11 will become the mandatory label on all vehicles certified to the advanced air bag requirements on or after September 1, 2003. Prior to that date, vehicle manufacturers may use either Figure 8 or Figure 11 for vehicles certified to the advanced air bag requirements.

ID: nht88-3.75

TYPE: INTERPRETATION-NHTSA

DATE: 10/20/88

FROM: LANCE E. TUNICK -- VICE PRESIDENT AND GENERAL COUNSEL MASERATI AUTOMOBILES INC

TO: ERIKA Z. JONES -- CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: REQUEST FOR INTERPRETATION OF FMVSS 208

ATTACHMT: ATTACHED TO LETTER DATED 12/09/88 FROM ERIKA Z. JONES -- NHTSA TO LANCE E. TUNICK, REDBOOK A33, STANDARD 208; LETTER DATED 09/04/85 FROM JEFFREY R. MILLER TO STEPHEN T. WAIMEY AND DEAN HANSELL, STANDARD 208; LETTER DATED 11/10/75 FROM FRANK A. BERNDT TO JOHN B. WHITE, N40-30, SECTION 108(B)(5)

TEXT: Dear Ms. Jones:

Maserati Automobiles Incorporated (MAI) requests an interpretation of the requirements in S.4.1.3. of FMVSS 208 concerning the minimum annual production of passenger cars that must be equipped with passive restraints. More specifically, because the s tandard applies only to vehicles produced for sale in the U.S. and because, under Section 108 (b) (5) of the Safety Act, the standard does not apply to vehicles intended solely for export, MAI assumes that if, during a "phase-in" period, vehicles that we re previously imported into the U.S. by MAI are exported to Canada (where we have one dealer) would be deducted from the U.S. production total to arrive at the base figure to which the phase-in percentage would apply.

We would greatly appreciate your confirming this interpretation as soon as possible, so that we can report under 49 CFR Part 585.

Thank you.

Sincerely yours,