ID: aiam3685

Dear Senator Percy: This responds to your letter of April 11, 1983 (Ref. 3098500010 requesting information on behalf of your constituent, Mrs. D. Parutti. Mrs. Parutti is concerned about the growing practice of persons installing darkly tinted film on passenger car windows. She believes this is a dangerous practice because it prevents other drivers from seeing inside the vehicles. Following is a discussion of the implications under Federal law of installing these tinting films.; A Federal regulation already exists which, under certain circumstances precludes the practice referred to by Mrs. Parutti. The National Highway Traffic Safety Administration has the authority to govern the manufacture of new motor vehicles and motor vehicle equipment. Pursuant to the National Traffic and Motor Vehicle Safety Act, we have promulgated Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials*, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70 percent in areas requisite for driving visibility, which includes all windows in passenger cars) and abrasion resistance. This specification for light transmittance precludes darkly-tinted windows in new automobiles.; The agency has stated in past interpretations that solar films such a the type referred to in Mrs. Parutti's letter are not glazing materials themselves, and would not have to comply with Standard No. 205. However, installation of such films on new motor vehicles would be prohibited if the vehicle glazing no longer complied with the light transmittance or abrasion requirements of the standard. If a vehicle manufacturer or a dealer places the film on glazing in a vehicle prior to sale of the vehicle, that manufacturer or dealer has to certify that the glazing continues to be in compliance with the requirements of Standard No. 205. Section 108(a)(1) prohibits any person from offering for sale or selling any motor vehicle or equipment that fails to comply with applicable safety standards.; After a new vehicle has been sold to the consumer, he may alter hi vehicle as he pleases, so long as he adheres to all State requirements. Under Federal law, the owner could install the tinting film on glazing in his vehicle whether or not such installation adversely affected the light transmittance and abrasion resistance of his vehicle's glazing. It should be noted, however, that section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act provides that no manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard. Render inoperative' means to remove, disconnect or degrade the performance of a system or element of design installed pursuant to the Federal safety standards. Thus, none of those persons may knowingly install a solar film on a vehicle for its owner if that act would render inoperative the light transmittance or abrasion resistance of the vehicle glazing. Whether this would be the case would have to be determined by the person making the installation. Violation of this section can result in Federal civil penalties up to $1,000 for each violation.; The individual States must govern the operational use of vehicles b their owners since the agency does not have authority in this area. Thus, it would be up to the States to preclude owners from applying films or one-way glass on their own vehicles. Mrs. Parutti may wish to contact the National Committee on Uniform Traffic Laws (555 Clark Street, Evanston, Illinois 60204) to find out which States have laws that would preclude owners from placing solar film on their automobile windows.; Please contact Hugh Oates of my staff if you have any further question (202- 426-2992).; Sincerely, Frank Berndt, Chief Counsel

ID: aiam4194

Dear Mr. Shapiro: This responds to your letter concerning a newly designed Volvo chil safety seat. You stated that this child safety seat can be certified as complying with Standard No. 213, *Child Restraint Systems* (49 CFR S 571.213), when secured only by a vehicle lap belt, in the rearward-facing mode for infants and in the forward-facing mode for toddlers. In addition, you indicate that this child safety seat can be used in certain vehicle specific installations in Volvo vehicles, and that the vehicle specific installations 'provide a higher level of protection.' You asked this agency's opinion as to whether this new child safety seat is designed in due care to meet the minimum requirements of Standard No. 213 and whether it can be used in both the universal application that is, secured by only a lap belt and Volvo vehicle-specific modes.; With respect to your first question, the National Traffic and Moto Vehicle Safety Act (15 U.S.C. 1381 *et seq*.) provides no authority under which this agency can assure a manufacturer that its product has been designed in due care to comply with all applicable requirements or to otherwise 'approve' it. The Act establishes a process of self-certification under which a manufacturer is not required to submit a product to the agency for approval before sale, but simply to provide a certification to dealers and distributors that it does meet all applicable Federal motor vehicle safety standards. If that product does not in fact comply, the manufacturer must notify and remedy the noncompliance according to the Act, and it is in presumptive violation of it (and therefore subject to civil penalties) unless it can establish that it did not have reason to know in the exercise of due care that the product was noncompliant. The statute thus provides an affirmative defense to the manufacturer, but it is a defense that does not arise until there is a violation of the Act, and the burden is upon the proponent to establish it.; Under the Act a product must comply at the time of sale to its firs purchaser for purposes other than resale. This means that a manufacturer's responsibility to insure compliance does not end at the design stage, but extends through manufacture, distribution, and sale of the product. In this context whether a manufacturer has exercised due care in the design stage can be an irrelevant question if the noncompliance was caused by an error in the manufacturing process which should have been detected and corrected, for example. For these reasons we cannot provide the opinion that you seek.; With respect to your second question, Volvo can recommend its chil seat for use with a lap belt in vehicles other than those manufactured by Volvo and for vehicle- specific uses in Volvo cars. The preamble to the 1979 final rule establishing Standard No. 213 included the following statement: 'As long as child restraints can pass the performance requirements of the standard secured only by a lap belt, a manufacturer is free to specify other 'vehicle specific' installation conditions.' 44 FR 72131, at 72136, December 13, 1979. Therefore, Volvo can provide the vehicle-specific installation conditions for its child safety seat in Volvo automobiles. Please note that section S5.6 of Standard No. 213 requires manufacturers recommending vehicle-specific installations to provide step-by-step instructions for securing the child restraint in those particular vehicles, as well as providing such instructions for securing the child restraint when it is used in vehicles for which no vehicle-specific installation is recommended.; Please feel free to contact me if you have any further questions o need more information on this subject.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam4829

Dear Mr. Lau: This is in reply to your letter of January 24, 1991 asking the agency for an opinion with respect to an 'additional brake lamp' that you manufacture and intend to export to the United States. You ask 'if there are any regulations, standards, or approval for this kind of product', and, further, 'does this product need to have any certificate or approval before it can be sold or installed?' Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, has required the additional stop lamp on all passenger cars manufactured on and after September 1, l985. The Standard specifies performance and minimum lens area requirements for the lamp, and these requirements must be met by any lamp that is used as original equipment on passenger cars, and by any lamp that is intended to replace a lamp orignally installed on a car manufactured on and after September 1, l985. If the lamp is intended as replacement equipment, its manufacturer must provide certification to the distributor or dealer of the lamp that the lamp meets Standard No. 108. For lighting equipment this certification may be in the form of a DOT symbol on the product, or a written statement on the packaging that the lamp meets all applicable Federal motor vehicle safety standards, or such other written certification as the lamp manufacturer may choose (e.g., an invoice). In addition, the lamp manufacturer must file an Identification Statement with the agency, and a foreign manufacturer must designate an agent in the United States upon which the agency may serve legal process should that be required. However, there is no requirement that a manufacturer obtain approval from the agency before exporting its certified product to the United States and selling it here. However, Standard No. 108 does not apply to an additional stop lamp that is intended for use in a passenger car manufactured before September 1, l985, and there is no requirement that it be certified as meeting Standard No. 108. Under this circumstance, we advise that the packaging for any such lamp should clearly state that it is not intended to replace an original equipment center lamp so that legal questions regarding its conformity with Federal requirements do not arise. Even though the lamp is not subject to Standard No. 108, its foreign manufacturer must designate an agent in the United States, as mentioned in the previous paragraph. An additional stop lamp for passenger cars manufactured before September 1, l985, is also subject to the laws of the individual States in which the lamp is sold and used. We are unable to advise you on these laws, and suggest that you write for an opinion to the American Association of MOtor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, USA. We enclose a copy of Standard No. 108 and of the SAE standard on supplementary stop lamps that is incorporated by reference. We are also enclosing copies of the Manufacturer Identification and Designation of Agent regulations, and of other materials that our Office of Vehicle Safety Compliance provides in response to inquiries of this nature. Questions on these materials should be addressed to that Office. Sincerely, Paul Jackson Rice Chief Counsel Enclosures;

ID: aiam4851

"Dear Ms. Flautt This responds to your letter to Mr. Steve Kratzke o my staff, requesting that the National Highway Traffic Safety Administration (NHTSA) grant permission to a repair business to modify your motor vehicle. You explained that you are under five feet, two inches and legally blind in one eye. You further explained that, due to the increased size of headrests in recent years, you are unable to locate a 1991 automobile which does not have headrests which impede your field of vision. You wish to arrange to have the size of the headrests in a 1991 automobile reduced. You asked if you could obtain permission from this agency to permit this modification. I hope the following discussion explaining our regulation will be of assistance to you. I would like to begin by clarifying that there is no procedure by which persons petition for and are granted permission from NHTSA to arrange 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 regulations to provide some allowances to a repair business which cannot conform to our regulations 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 by the National Traffic and Motor Vehicle Safety Act (Safety Act) to certify that their products conform to our safety standards before they can be offered for sale. Manufacturers, distributors, dealers and repair businesses modifying certified vehicles are affected by 108(a)(2)(A) of the Safety Act. It prohibits those businesses from knowingly rendering inoperative any elements of design installed on a vehicle in compliance with a FMVSS. In general, 108(a)(2)(A) 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 safety standard. Violations of 108(a)(2)(A) are punishable by civil fines up to $1,000 per violation. 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 violation of 108(a)(2)(A) a purely technical one justified by public need. I can assure you that NHTSA would not institute enforcement proceedings against a repair business that modifies the headrest on your vehicle to accommodate your condition. We caution, however, that only necessary modifications should be made to the headrest to accommodate your condition and we urge your dealer to modify your vehicle in such a manner that would not degrade from the safety currently provided by your vehicle. Many manufacturers are currently installing headrests in vehicles which exceed the minimum dimensions required by FMVSS No. 202, Head Restraints. I urge you not to have your headrest reduced below these dimensions if it is not necessary for your field of view. If you have further questions or need some additional information in this area, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel";

ID: nht71-2.6

DATE: 02/12/71

FROM: AUTHOR UNAVAILABLE; R. H. Compton; NHTSA

TO: Koito Manufacturing Co., Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of January 22, 1971, to Mr. Charles A. Baker of this Office concerning questions on paragraph S4.1.1.7 of Federal Motor Vehicle Safety Standard No. 108.

"Red" was inadvertently included in paragraph S4.1.1.7 of the amendment to Standard No. 108 published on October 31, 1970. It is anticipated that this paragraph will be further amended in the near future by changing" . . . requirements for Class A red turn signal lamps . . ." to ". . . requirements for Class A turn signal lamps. . ."

The answers to your questions are therefore as follows:

1. Amber turn signal lamps shall conform to the minimum candlepower requirements for Class A amber as specified in Table 2 of SAE J575d.

2. There is no maximum candlepower requirement for amber front turn signal lamps.

ID: nht72-3.46

DATE: 03/17/72

FROM: J.E. LEYSATH FOR E.T. DRIVER -- NHTSA

TO: U.M. Electrical Distributers Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of March 6, 1972, concerning warning buzzers for the automobile industry.

The National Highway Traffic Safety Administration has issued two safety standards which specify warning requirments. These requirements are given in Paragraph S4.4 of Standard 114 and Paragraph S7.3.1 of Standard 208. A copy of these two standards are enclosed for your review and further information.

You will note that these standards do not stipulate minimum requirements for the warning devices, and, at the present time, we have no plans to specify such requirements. The data sheet, however, which you enclosed will be useful to us should we specify such requirements in future amendments to these standards.

We appreciate your writing to us, and if we can be of any further service, please let us know.

ID: 9017

Erika Z. Jones, Esq.
Mayer, Brown & Platt
2000 Pennsylvania Avenue, N.W.
Washington, D.C. 20006-1882

Dear Ms. Jones:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard No. 213, Child restraint systems. S5.2.3.2(b) of Standard No. 213 specifies a minimum thickness for materials of a certain compression-deflection resistance. You ask whether more than one piece of material may be used to meet the thickness requirement.

The answer is yes. S5.2.3.2(b) does not require the material to be of a single piece, and the final rule that incorporated the requirement into Standard No. 213 did not address the issue. 44 FR 72131, December 13, 1979. Accordingly, more than one piece of material may be used.

I hope this information is helpful. If you have any further questions, please contact us.

Sincerely,

John Womack Acting Chief Counsel

ref:213 d:10/7/93

ID: nht88-4.8

TYPE: INTERPRETATION-NHTSA

DATE: NOVEMBER 11, 1988

FROM: C. I. NIELSEN III -- VICE PRESIDENT, WESBAR

TO: ERIKA Z. JONES -- CHIEF COUNSEL, D.O.T., NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO MEMO DATED 12-30-88, TO C.I. NIELSEN, FROM ERIKA 2. JONES -- NHTSA, STD 108, REDBOOK A33

TEXT: Thank you for your November 3 letter to our A1 Cunningham clarifying the definition of single compartment and multiple compartment lamps. It is most helpful to understand these terms to assure we comply with applicable D.O.T. requirements.

We now write you to please clarify for us the minimum square inches required of a turn signal lens for a trailer/vehicle, 80" or more in overall width, using a single compartment lamp assembly. We believe the answer should lie in J588e, but we find the text not only unclear, but confusing.

Your response on this clarification will be most appreciated.

ID: nht74-3.42

DATE: 05/14/74

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

TO: Dave's Tire & Fuel Oil Corp.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letters of March 21 and April 22, 1974, in which you ask whether a tire sold as a "blemish" must be guaranteed for workmanship, material, and road hazards.

There are no Federal requirements that manufacturers guarantee blemish (or non-blemish) tires. Such guarantees are within the discretion of each manufacturer. However, Federal Motor Vehicle Safety Standard No. 109 (49 CFR @ 571.109) requires all new passenger car tires to meet minimum safety performance levels for high speed performance, endurance, strength, bead unseating, physical dimensions and tradewear indicators. These requirements apply similarly to both blemish and non-blemish tires.

We have enclosed for your information a copy of the Federal Trade Commission's Tire Advertising and Labeling Guides which contain in Guide 11 requirements for the labeling of blemish tires.

ENC.

ID: nht92-6.26

DATE: May 29, 1992

FROM: Berkley C. Sweet -- Vice-President, School Bus Manufacturers Institute

TO: Barry Felrice -- Associate Administrator for Rulemaking, NHTSA

TITLE: Subject: Standard No. 222, School Bus Passenger Seating and Crash Protection

ATTACHMT: Attached to letter dated 7/28/92 from Paul J. Rice to Berkley C. Sweet (A39; Part 571.3)

TEXT:

Based on the requirements specified in the Standard No. 222 for Seat Performance Forward, Seat Performance Rearward and the Head Protection Zone, what was the minimum size of the passenger (eight and height) used to establish the design criteria of this standard?

Several school districts are now transporting new born and under school-age children with their parents to a school that provides a day-care service, while the parent attends classes.

The School Bus Manufacturers Institute has received inquiries as to limits, if any, on passenger size and age that can be safely transported on school bus seats.