ID: nht81-1.42

DATE: 03/16/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: L. O. Willbrand, Esq.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Lawrence O. Willbrand, Esq. Suite 873 Paul Brown Bldg. 818 Olive Street St. Louis, MO 63101

RE: Ms. Sharon James

Dear Mr. Willbrand:

This is in reply to your letter of February 19, 1981, with respect to motorcycle tires.

The agency has issued Federal Motor Vehicle Safety Standard No. 119 (49 CFR 571.119), New Pneumatic Tires for Vehicles Other Than Passenger Cars. This standard specifies requirements for new tires designed for highway use on motorcycles, among other vehicle types. I enclose a copy for your information. The agency has issued no standards for off-road vehicle tires such as trail bike tires as our jurisdiction is limited to those items produced for installation on vehicles manufactured primarily for use on the public roads.

If the motorcycle in question was originally sold with trail bike tires installed (i.e., any tire not stamped with a DOT symbol indicating its conformance to Standard No. 119), that sale might be a violation of Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(1)(A)). But the Act does not prohibit the owner of an on-road motorcycle from putting off-road tires on his bike and using it on the public roads.

If you have any further questions, I would be pleased to answer them.

Sincerely,

Frank Berndt Chief Counsel

Enclosure

February 19, 1981

Federal Motor Vehicle Safety Standards % Department of Transportation Washington, D.C. 20591

RE: Mrs. Sharon James

Dear Sir:

Does your office possess or prepare standards relating to tires on a trail bike or and public road motorcycles.

Specifically I am seeking this material in connection with a tire for said vehicle which propells rocks because the tire was made with "knobs" for trails but was being used on the public roads and had equipment qualifying it to do so.

I would be happy to pay for such materials, references, or citations.

I am most appreciative for any attention you might give this matter.

Very truly yours,

Lawrence C. Willbrand

LCW: mw

ID: nht81-1.43

DATE: 03/16/81

FROM: Frank Berndt -- NHTSA

TO: Burley R. Carpenter

TITLE: FMVSR INTERPRETATION

TEXT:

This is in reply to your letter of February 18, 1981, with reference to your contemplated importation of a BMW passenger car, chassis/serial number 1536114.

Our records confirm your statement that this vehicle was manufactured in the autumn of 1967. Since it was manufactured before January 1, 1968, it may be imported without modifications necessary to meet Federal safety or emission requirements. When your car reaches the port of entry, you will be asked to execute a Declaration Form (HS-7) for safety matters; Box 1 is the appropriate item to check. The car, of course, will have to meet the requirements of the State in which it is to be licensed.

SINCERELY,

FEB. 18, 1981

DIRECTOR OFFICE OF STANDARDS ENFORCEMENT MOTOR VEHICLE PROGRAM U.S. DOT

Dear Sirs,

I am stationed with the US Army in Germany. I own a 1967 BMW, 1600, that I would like to ship back to the U.S. The Chassis/Engine number is 1536114. The local BMW Dealer said that this model was made from 1966 thru 1968. The car was first sold on 20 Nov 1967 this is the only date in the German Tible Book. Can this car be imported into the US without modifications? If not what modifications must be made?

Any information you can give me will be greatly appreciated.

Burley R. Carpenter

ID: nht81-1.44

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Nu-Wa Industries, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Neil Ford Plant Engineer Nu-Wa Industries, Inc. P.O. Box 768 Chanute, KS 66720

Dear Mr. Ford

This is in response to your letter forwarding your firm's vehicle identification numbering system and requesting confirmation that it complies with Federal Motor Vehicle Safety Standard No. 115 -Vehicle identification number.

The National Highway Traffic Safety Administration (NHTSA) does not give advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed system. Based on our understanding of the information which you have provided, your system apparently complies with Standard No. 115.

Sincerely,

Frank Berndt Chief Counsel

December 18, 1980

Administrator, NHTSA

Attn: VIN COORDINATOR

Reference: Vehicle Identification Number

Dear Sir:

Enclosed please find the Vehicle Identification Number (VIN) as established by Nu-Wa Industries, Inc. for Custom Covers and Campers, Inc.

The VIN application for Custom Covers and Campers, Inc. is being submitted by Nu-Wa as an engineering service. Additional computer services and coordination will be required of Nu-Wa as the new VIN system is incorporated by Custom Covers and Campers, Inc.

Custom Covers is a manufacturer or less than 500 units per year.

The target date for affixing the first VIN is January 1, 1981 although the application was not submitted 60 days prior to implementing the system.

Attachment "A" and Attachment "B" are enclosed to illustrate how to decipher the Custom Covers VIN. Attachment "A" describes each character used in the VIN. Attachment "B" indicates a typical Custom Covers VIN and the check digit computation.

The following information determines how to decipher the VIN characters, reference attachment "A" and NHTSA part 571 Federal Motor Vehicle Safety Standards.

1C9 - The first three (3) characters are the World Makers Identification as assigned by the Society of Automotive Engineers, Inc. SAE verification of the assigned number is to be mailed to my attention by January 1, 1981.

3 - The fourth (4th) character indicates the "type"; travel trailer-2, fifth wheel trailer-3, and truck campers-7.

2 - The fifth (5th) character indicates the "number of axles"; one axle-1, two axles-2, three axles-3, and no axles-9.

O - The sixth (6th) character is not used.

L - The seventh (7th) character indicates the units length in feet; 10-12 ft. -D, 12-14 ft. -E, 14-16 ft. -F, 16-18 ft. -G, 18-20 ft. -H, 20-22 ft. -J, 22-24 ft. -K, 24-26 ft. -L, 26-28 ft. -M, 28-30 ft. -N, 30-32 ft. -P, 32 ft. & up -R.

O - The eighth (8th) character is not used.

4 - The ninth (9th) character is the check digit. The check digit is computed as specified per para. 5.2.1 -5.2.4.

A - The tenth (10th) character is the model year as established by table II, paragraph 4.5.3.1.

A - The eleventh (11th) character is the plant location; Custom Covers and Campers, Inc. has only one plant location.

113 - The twelve (12th) thru the fourteenth (14th) characters are the manufacturers world maker identifier as assigned by SAE.

183 - The fifteenth (15th) thru the seventeenth (17th) characters are the sequential numbers as assigned by Custom Covers and Campers, Inc.

Please review the information and advise if any additional information is required or if the Custom Covers and Campers, Inc. VIN is acceptable as submitted.

Thank you for your attention to this matter.

Sincerely,

NU WA INDUSTRIES, INC.

NEIL FORD Plant Engineer

Attachments Omitted.

ID: nht81-1.45

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: J. M. Tobias and Associated, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

MAR 17 1981

NOA-30

Mr. Robert A. Langindorf Joseph M. Tobias and Associates, Ltd. Suite 911 100 North LaSalle Street Chicago, Illinois 60602

Dear Mr. Langindorf:

This responds to your recent letter to Mr. Bob Nelson of our Office of Vehicle Safety Standards. You asked several questions regarding Safety Standard No. 208. Occupant Crash Protection, in relation to a van vehicle equipped to secure wheelchairs. Specifically, you asked whether spaces on the vehicle's floor suitable for locking wheel chairs in the vehicle would be considered "designated seating positions" for which seat belt assemblies must be supplied.

A van vehicle designed to carry passengers rather than cargo would be considered a multipurpose passenger vehicle. This would include a medicar van for disabled persons in wheelchairs. As a multipurpose passenger vehicle, a 1975 or 1976 van would have to comply with the seat belt requirements of paragraph S4.2 of Safety Standard No. 208. This means that the vehicle manufacturer would have to install seat belts for each "designated seating position" in the van. In 49 CFR 571.3 "designated seating position" is defined, in part, as:

"any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design and vehicle design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats..."

You can see that this definition encompasses only seats that are installed as a permanent part of the overall vehicle structure, e.g., the driver's seat in the van and any other permanent passenger seats that are bolted to the floor of the vehicle. The definition would not include spaces on the floor suitable for securing wheelchairs. Therefore, these spaces would not be required to have seat belts under the requirements of Safety Standard No. 208. Only the van's driver's seat and permanent passenger seats would be required to have belts.

Please contact Hugh Oates of my staff if you have any further questions.

Sincerely,

Frank Berndt Chief Counsel

December 15, 1980

Mr. Bob Nelson NHTSA 400 7th Street Southwest Washington, D.C. 20590

Dear Mr. Nelson:

I was referred to you or Mr. Guy Hunter by Ms. Elizabeth Lindahl of the Regional Administrator, NHTSA office in Chicago Heights, Illinois. She told me you would be better able to handle some interpretations of the Motor Vehicle Safety Standards, in particular seatbelts.

In reference to seatbelts, I have also talked to Mr. Madison Post of the Illinois Department of Transportation. My Questions to both Mr. Post and Ms. Lindahl have dealt with Multi Passenger Vehicles and Trucks, S4.2 in Standard No. 208 and the safety belts requirements.

Mr. Post has informed me that a medicar van would be a multipurpose vehicle in S4.2. (See enclosed letter)

Ms. Lindahl said the member of designated positions is on the metal plate on the door as put their by the manufacturer.

The questions are as follows:

1) Would a multipurpose vehicle include a medicar van for disabled people in wheelchairs, S4.2?

2) Would S54.2 or any other section cover this medicar van made in 1975 or 1976?

3) In S4.2.2(a) and S4.2.1.2(b) would "designated seating position" or "outboard designated seating position" include a space on the floor designated for wheelchairs to be locked in, so as to require either a seat safety belt or passive protection system?

4) Is a medicar van sold new by a Dodge dealer, who designs the van so as to accommodate persons in wheelchairs, subject to safety belt requirements in light of S108 in Public Law 89-563--15 USC 1381, et seq (whereas rules apply to a wheelchair or item of equipment up to its first purchase for purposes other than resale)?

I would appreciate the answers to these questions according to either NHTSA or your interpretation. If not, please either pass this letter along to someone who can answer them or tell me whom to contact.

I thank you for your cooperation in all of the foregoing.

Yours truly,

FOR JOSEPH M. TOBIAS & ASSOCIATES

RAL:idt

Enclosure

November 26, 1980

Robert A. Langendorf Suite 911 100 N. LaSalle St. Chicago, Illinois 60602

Dear Mr. Langendorf:

You inquired about application of Federal Motor Vehicle Safety Standard (FMVSS) 208, Section 4.2, to a "medicar van" and seat belt requirements for such a "van".

Under federal definitions and rules a motor vehicle, including a "van", constructed on a truck chassis and designed or altered to carry 10 persons or less (as opposed to cargo, freight, equipment, etc.) is a multi-purpose passenger vehicle (MPV--49 CFR 571.3). It must be classified MPV and must conform to Section 4.2 and other applicable FMVSS (49 CFR 567).

In general, the FMVSS and related rules apply to a vehicle or item of equipment up to its first purchase for purposes other than resale (Section 108 in Public Law 89-563--15 USC 1351, et seq).

I suggest you contact officials of the National Highway Traffic Safety Administration (NHTSA) for more specific answers to your detail questions:

Regional Administrator, NHTSA Chief Counsel 1010 Dixie Highway NHTSA Chicago Heights, IL 60411 Washington, D.C. 20590 312/756-1950 Phone Safety Hot Line 800/424-9373

Michael Finkelstein Administrator for Rule Making NHTSA Washington, D.C. 20590 Phone Safety Hot Line 800/424-9373

Under current interpretations of State definitions every 1st division motor vehicle, (such as a passenger car, MPV, or "van" that is not a taxicab) becomes a bus if used for transportation of persons for compensation even though it seats 10 persons or less (IVC 1-107). The type of compensation is not restricted. The transformation to bus occurs with regular (not occasional or rare) acceptance of any type of equivalent or recompensive action or payment i.e., service or help "in kind", "favors in return", money or other fare, emolument, fee, aid, grant, or other fund(s) stemming from private or government (federal, state, or local) person or entity, vehicle in "car pool", etc. Many first division buses are operated in Illinois (IVC 1-217).

State law requires two sets of seat belts for the front seat of a first division vehicle (IVC 12-501). Of course, where the front seat provides seating for only one person, i.e. driver, only one set is needed. Seat belt installations that meet FMVSS 208 and other standards referred to therein are acceptable, since the FMVSS preempts State standards (Sec. 103, PL 89-563--15 USC 1381, et seq).

Thank you for asking about seat belt requirements.

Sincerely,

Madison Post Standards Engineer Bureau of Safety Operations

MP:mp

cc: L. Wort S. England

ID: nht81-1.46

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Eidal International Corp.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

M. William E. Medcalf Engineering Manager Eidal International Corp. P.O. Box 2087 Alburquerque, NM 87103

Dear Mr. Medcalf

This is in response to your letter forwarding your firm's vehicle identification numbering system and requesting confirmation that it complies with Federal Motor Vehicle Safety Standard No. 115 -Vehicle identification number.

The National Highway Traffic Safety Administration (NHTSA) does not give advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed system. Based on our understanding of the information which you have provided, your system apparently complies with Standard No. 115.

Sincerely,

Frank Berndt Chief Counsel

November 7, 1980

National Highway Traffic Safety Administration 400 South Street, S.W. Washington, D.C. 20590

Attention: VIN Coordinator

Dear Coordinator:

Pursuant to the requirements of 49 CFR 575.115, as revised and amended per Docket No. 1-22, please find enclosed the information required to decipher the characters contained in VIN's to be assigned by the Eidal International Corporation (EIC).

Additionally, EIC petitions for a waiver of the sixty (60) day advance filing requirement, as it applies to the attached character decipher information. Our small firm was not made cognizant of this new requirement until late September 1980, and has proceeded with all possible deliberation to develop the attached character codes.

EIC is a small, low volume (less than 500 trailers per year) manufacturer of transportation equipment. Our products, with few exceptions are custom designed to meet the needs of our customers in the heavy-haul, oilfield, and military equipment markets. Accordingly, the Society of Automotive Engineers has assigned the codes 1E9 and 015 for EIC use in VIN positions 1-3 and 12-14, respectively, of the complete 17 digit VIN.

It is our belief that the enclosures, which are preceeding completion of our procedure, fully explain the method of encoding the required information. A copy of the finalized procedure will be filed as soon as it becomes available. If additional information is required, please do not hesitate to contact me.

Sincerely,

EIDAL INTERNATIONAL CORPORATION William E. Medcalf Engineering Manager

dw

Enclosure

ID: nht81-1.47

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Aluminum Body Corporation

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Mr. Howard Magor, President Aluminum Body Corporation P.O. Box 40 Montebello, CA 90690

Dear Mr. Magor

This is in response to your letter forwarding your firm's vehicle identification numbering system and requesting confirmation that it complies with Federal Motor Vehicle Safety Standard No. 115 -Vehicle identification number.

The National Highway Traffic Safety Administration (NHTSA) does not give advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed system. Based on our understanding of the information which you have provided, your system apparently complies with Standard No. 115.

Sincerely,

Frank Berndt Chief Counsel

October 13, 1980

Society of Automotive Engineers, Inc. 400 Commonwealth Drive Warrendale, PA 15096

Attention: Leo P. Ziegler, Jr., Mgr.

Motor Veh. Safety & Environment Program

Reference: Change in Assigned WMI Code

Aluminum Body Corporation would like to verify a change in our assigned WMI Code number per our telephone conversation of October 8, 1980 with Mr. Nelson Erickson of the NHTSA. Mr. Erickson arranged with SAE to change our identifier number from a six (6) digit code (per enclosed copy of SAE letter dated Dec. 18, 1979) to a three (3) digit code number.

We wish to confirm with SAE that our selection of "1-1-A" as the first three digits of Aluminum Body Corporation's VIN has been approved by SAE. Please advise us if our proposed coding for the VIN is correct, and if we are approved to use this as the identification numbering system for manufacturing of our trailers. Thank you for your assistance in this matter.

Very truly yours,

ALUMINUM BODY CORPORATION

Howard Magor President

HHM:jo encls. (2)

cc: Mr. Nelson Erickson NHTSA

ID: nht81-1.48

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Society of Automotive Engineers, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Mr. Leo P. Ziegler, Jr. Manager, Motor Vehicle Safety and Environment Program Society of Automotive Engineers, Inc. 400 Commonwealth Drive Warrendale, PA 15096

Dear Mr. Ziegler

This is in response to your letter forwarding your firm's vehicle identification numbering system and requesting confirmation that it complies with Federal Motor Vehicle Safety Standard No. 115 -Vehicle identification number.

The National Highway Traffic Safety Administration (NHTSA) does not give advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed system. Based on our understanding of the information which you have provided, your system apparently complies with Standard No. 115.

Sincerely,

Frank Berndt Chief Counsel

December 18, 1979

Mr. Howard H. Magor President Aluminum Body Corporation P.O. Box 40 Montebello, CA 90640

Dear Mr. Magor

I am in receipt of a copy of your November 30, 1979 letter to the National Highway Traffic Safety Administration with regard to the assignment of a World Manufacturer (Maker) Identifier (WMI) Code for Aluminum Body Corporation. I am therefore, as the USA national authority, making the following assignments:

Aluminum Body Corporation ? W. Washington Blvd. Montebello, CA 90640 UNITED STATES

1 & 9 (With the 3rd, 4th, & 5th characters of the Vehicle Identifier Section to be: 0 0 8)

Commercial Trailer

If you have any questions regarding the above assignment, please do not hesitate to contact me.

Sincerely yours,

Leo. P. Ziegler, Jr. Manager, Motor Vehicle Safety and Environment Program

jeh

cc: M. W. Dixon K. F. Erickson, NHTSA R. P. Hickey

ID: nht81-1.49

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Friedman and Medalie

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Mr. Leonard A. Fink Attorney at Law Friedman and Medalie 1899 L Street, NW Washington, D.C. 20036

Dear Mr. Fink:

This is in response to your letter forwarding your firrm's vehicle identification numbering system and requesting confirmation that it complies with Federal Motor Vehicle Safety Standard No. 115 -Vehicle identification number.

The National Highway Traffic Safety Administration (NHTSA) does not give advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed system. Based on our understanding of the information which you have provided, your system apparently complies with Standard No. 115.

Sincerely,

Frank Berndt Chief Counsel

December 4, 198O

Administrator National Highway Traffic Safety Administration 400 Seventh Street, N.W. Washington, D.C. 20590

Attn: VIN Coordinator

Gentlemen:

On behalf of our client, Steyr-Daimler-Puch A.G., and in accordance with FMVSS 115, we furnish the following information regarding the VIN number code to be used by our client:

ID: nht81-1.5

DATE: 01/22/81

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Hendrickson Mfg. Co.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your November 25, 1980, letter asking whether any safety standards have been violated by a truck modification that you perform. In your modification, you alter a chassis to provide right-hand controls. The vehicle is then sent to a final-stage manufacturer for completion.

As an incomplete vehicle manufacturer, you are required to attach the appropriate label to the vehicle in accordance with Part 567, Certification. That label makes certain statements about the compliance of the vehicle with safety standards as a result of your modifications.

You ask whether any safety standards have been violated by your modifications. It is impossible for the agency to determine compliance without testing one of your vehicles. You list several changes that you make to the vehicle, including the addition of: a foot throttle, foot service brake, hand spring brake, turn signal, transmission selector, and steering wheel. The agency has safety standards that govern many of these devices. These standards are found in Volume 49 of the Code of Federal Regulations, in Part 571. It is a manufacturer's responsibility to ensure that its vehicles comply with these standards. The only advice that we can offer is that nothing precludes the type of modifications that you propose. The installation of right-hand controls is permissible as long as the compliance with all safety standards is maintained.

ID: nht81-1.50

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Aston Martin Lagonda, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Mr. R. Goldsmith Certification Engineer Safety and Emissions Department Aston Martin Lagonda, Ltd. Tickford Street, Newport Pagnell Buckinghamshire MK 16 9AN

Dear Mr. Goldsmith

This is in response to your letter forwarding your firm's vehicle identification numbering system and requesting confirmation that it complies with Federal Motor Vehicle Safety Standard No. 115 -Vehicle identification number.

The National Highway Traffic Safety Administration (NHTSA) does not give advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed system. Based on our understanding of the information which you have provided, your system apparently complies with Standard No. 115.

Sincerely,

Frank Berndt Chief Counsel

Mr. F. Berndt, Chief Counsel, U.S. Department of Transportation, National Highway Traffic Safety Administration, Washington D.C. 20590, U.S.A. 11th December, 1980

Dear Mr. Berndt, Vehicle Identification Numbers

Thank you for your letter of 18th November, in which you indicate that Vehicle Identification Number (VIN) deciphering information is made available to the public. I would like to point out that only the brake horse power (BHP) data is confidential, not all the engine type information.

However, as you suggest, I have reviewed the engine type information by deleting the BHP data, and adding the vehicle make, model and manufacturer's name.

None of the information in the VIN decipher is now confidential but complete vehicle identification is readily available. Thus please find enclosed herewith the Aston Martin Lagonda resubmission of the VIN constructed to Federal Motor Vehicle Safety Standard No. 115.

Yours sincerely,

R. Goldsmith Certification Engineer Safety and Emissions Department

RG/JL

copy Aston Martin Lagonda Inc., U.S.A.