ID: nht92-4.47

DATE: August 6, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Mary C. Andrews

TITLE: None

ATTACHMT: Attached to letter dated 6/17/92 from Mary C. Andrews to NHTSA Legal Counsel (OCC 7439)

TEXT:

This responds to your letter asking whether a plastic cone design you are developing would comply with the Department of Transportation's requirements applicable to warning devices. You explained that your device is a 24 inch high inflatable cone with reflector strips on the sides. The cone would be weighted down with sand in an enclosed bottom. Based on the information provided in your letter, it appears that your device would not comply with certain provisions of Federal Motor Vehicle Safety Standard No. 125, Warning Devices (49 CFR 571.125, copy enclosed).

By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the "Safety Act") gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 125. The Safety Act provides that no person shall "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any new motor vehicle or new item of motor vehicle equipment unless the vehicle or item of equipment complies with the applicable standard. (See 15 U.S.C 1397(a)(1)(A).) NHTSA has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. Instead, the Safety Act establishes a self-certification process under which each manufacturer is required to certify that each of its products meets all applicable Federal Motor Vehicle Safety Standard. (See 15 U.S.C. 1403.) I am enclosing a general information sheet explaining NHTSA's regulations.

Standard No. 125 applies to devices, without self-contained energy sources, that are designed to be carried in motor vehicles and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle. See section S3. Your planned product appears to be such a device and would therefore need to comply with all of the requirements of Standard No. 125. As the enclosed copy of the standard indicates, your device would have to comply with specific requirements including those for minimum size, durability, material, container, labeling, configuration, color, reflectivity, luminance, and stability. From the information provided in your letter, it appears that your device would not comply with several of these requirements.

Please be aware that violations of Safety Act provisions are punishable by civil fines of up to $1,000 for each violation of a safety standard. In addition the Act requires manufacturers to remedy their products if they fail

to comply with any applicable safety standards.

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

Attachments

Copy of standard.

NHTSA information sheet titled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.

NHTSA information sheet titled Where to Obtain NHTSA's Safety Standards and Regulations.

(Text of attachments omitted.)

ID: nht92-4.48

DATE: August 6, 1992

FROM: R.J. Misorski -- Director, Maintenance & Repair, Maersk Inc.

TO: Legal Council, NHTSA

COPYEE: A. Petrizzo, W. Drozd

TITLE: None

ATTACHMT: Attached to letter dated 8/21/92 from Paul J. Rice to R.J. Misorski (A39; Std. 108)

TEXT:

Attached is a copy of the Federal Register outlining your rule change that went into effect December 1, 1991.

The new rule now requires a minimum of 12 square inches of lens area for rear stop or turn signals on vehicles over 80" wide, regardless of the separation between lamps. We feel that equipment manufactured prior to December 1991 would be exempt from this ruling. Our interpretation of this new rule is that it only applies to equipment that is manufactured after December 1, 1991.

We would highly appreciate if you could confirm our understanding in writing in order that we may ensure compliance with our equipment fleet.

Attachment

Copy of page 20158 of the 5/15/90 Federal Register pertaining to 49 CFR Part 571, Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices, and Associated Equipment (action: final rule). (Text omitted)

ID: nht92-4.49

DATE: August 6, 1992

FROM: Mike Hawkes -- General Manager, Uinque Motors and Upholstery, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 9/17/92 from Paul Jackson Rice to Mike Hawkes (A39; Std. 207; 208; 209; 210)

TEXT:

We wish to install 26 sets of lap belts in a mini bus for a retirement home. Our question is, can we attach these belts to the existing seat forms or do we need to drill holes through the floor and attach them this way. Any help would be greatly appreciated.

ID: nht92-4.5

DATE: 09/15/92

FROM: WILBUR D. OWENS, III -- BOUHAN, WILLIAMS AND LEVY

TO: OFFICE OF VEHICLE SAFETY STANDARDS, NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

COPYEE: ROY E. PAUL, ESQ.

TITLE: RE: JOSEPH L. PHELPS, JR. VS. GENERAL MOTORS CORPORATION AND GRUMMAN OLSON, A DIVISION OF GRUMMAN ALLIED INDUSTRIES, INC., UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF GEORGIA, SAVANNAH DIVISION, CASE NO. CV 492-115

ATTACHMT: ATTACHED TO LETTER DATED 11-10-92 FROM PAUL J. RICE (SIGNED BY JOHN WOMACK) TO WILBER D. OWENS, III (A40; PART 571.3)

TEXT: Please note that we are the attorneys for Grumman Olson in the above-referenced lawsuit. Grumman Olson and General Motors have been sued by Mr. Phelps as a result of injuries he received in an accident while driving a 14-foot Kurbmaster, manufactured in 1977, and generally consisting of Chevy and Grumman Olson parts.

The Plaintiff has centered his case upon allegations that the vehicle had too great a tendency to roll over, that there was no three-point seat belt restraint system, and that the steering column and wheel were allowed to intrude into the space of the driver. We have looked at the current regulations concerning vehicles and would request your assistance in interpreting same and in carrying some of these regulations back to 1977.

We are interested in the current regulations covering these "step-vans" and, in particular, those which concern areas covered by the Plaintiff's theories of liability. Thus, some of our main areas of interest are from 49 CFR 571.20 through 49 CFR 571.220. We note that most of these regulations in @ S2 set forth the vehicles to which said regulation applies. Most apply to passenger cars, multi-purpose passenger vehicles, trucks, and busses. However, there are a number of exceptions for "walk-in vans". The first question we have is whether a 14-foot Kurbmaster would be considered a truck or a walk-in van, or sometimes both.

We would appreciate your assistance in informing us of how we can receive corresponding regulations for 1977. In particular, if you have someone who works for you with knowledge in the area of step-vans, we would like to be able to speak to them on the telephone to obtain a clearer understanding of the current regulations and the past regulations.

We sincerely appreciate your assistance concerning the above and look forward to speaking to you in the near future.

With best wishes, I am very truly yours.

ID: nht92-4.50

DATE: 08/06/92

FROM: CHRISTOPHER LEONE -- NEWBOLD DESIGN

TO: TAYLOR VINSON

TITLE: REGULATIONS FOR EXPERIMENTAL VEHICLE

ATTACHMT: ATTACHED TO LETTER DATED 11-9-92 FROM PAUL J. RICE TO CHRISTOPHER LEONE (A40; PART 555; VSA 102)

TEXT: Our company, NewBold Design, is an industrial design firm. We are in the process of designing and testing an experimental low emission vehicle which will be driven chiefly by means of electric power stored in batteries.

What we are seeking is the rules and regulations concerning the construction and licensing of this vehicle. Our goal is to create one of these vehicles, testing electric and/or electric/alternate fuel assisted vehicle ideas along the way.

Our specifications:

Experimental Vehicle (one)

2-3 passenger

Electric power

Batteries/solar cells

possible alternate fuel internal combustion assist

not for production

55 mph top speed, use on road

We need:

Rules and regulations concerning the licensing and use of the vehicle on streets/highways.

Thank you for your assistance,

ID: nht92-4.6

DATE: September 14, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Richard Hamlin

TITLE: None

ATTACHMT: Attached to letter dated 6/26/92 from Richard Hamlin to Andrew Card (OCC-7479)

TEXT:

This responds to your letter of June 26, 1992 to Secretary Card, inquiring whether maintenance of school buses in safe operating condition is prescribed by Federal law or regulation. I am pleased to have this opportunity to clarify Federal law as it applies to school buses.

The National Highway Traffic Safety Administration (NHTSA) has the authority under the National Traffic and Motor Vehicle Safety Act to issue motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles, including school buses. NHTSA has issued Federal motor vehicle safety standards applicable to all new school buses. It is a violation of Federal law for any person to sell any new motor vehicle that does not comply with all applicable safety standards.

NHTSA does not have authority over the use and maintenance of school buses. However, the individual states do have such authority. For details on what requirements your state has in this area, you may wish to contact Mr. Mike Roscoe, Director of Pupil Transportation, Kentucky Department of Education, Frankfort, KY 40601. School buses used in interstate commerce may also be subject to standards issued by the Federal Highway Administration. For information on those standards, you may contact the Office of Motor Carrier Standards, Federal Highway Administration, Suite 3404, this address.

I hope this information will be helpful to you. If you have any further questions regarding this matter, you may contact Walter Myers of my staff at this address or at (202) 366-2992.

ID: nht92-4.7

DATE: September 14, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Lyle Walheim -- Lieutenant, Motor Carrier and Inspection Services, Wisconsin Department of Transportation

TITLE: None

ATTACHMT: Attached to letter dated 6/30/92 from Lyle Walheim to Paul Jackson Rice (OCC-7495)

TEXT:

This responds to your letter seeking a clarification of whether Wisconsin's current requirements for the activation of stop signal arms on school buses would comply with the stop signal arm requirements set forth in Federal Motor Vehicle Safety Standard No. 131, School Bus Pedestrian Safety Devices. Your letter was prompted by my June 17, 1992 interpretation to Blue Bird Body Company. After evaluating the information provided in your letter, together with the information previously supplied by Blue Bird, we have reconsidered our assessment of the Wisconsin requirements. Subject to the qualifications discussed below, it is our reconsidered view that the Wisconsin requirements are not preempted by Standard No. 131 and that Blue Bird can continue to supply buses meeting Wisconsin's specifications, with the addition of the audible warning device described in Blue Bird's letter.

The distinguishing feature of Wisconsin's requirement is that it ties the operation of the stop arm to the opening of the service door, not to the operation of the red flashing lamps. In practice, the lamps on a Wisconsin bus equipped with a four-lamp system would operate like those on a bus equipped with an eight-lamp system, with the red lamps (instead of yellow lamps) flashing while the bus is coming to a stop. Since S5.1.4(b)(ii) of Standard No. 108 requires the yellow lamps on an eight-lamp system to turn off automatically and the red lamps to turn on automatically whenever the entrance door opens, and since the red lamps on the Wisconsin buses would operate whenever the entrance door is open, the Wisconsin buses would conform to the requirements of Standard No. 108. That standard does not prohibit the flashing of red lamps on a four-lamp system while the service door is closed.

For purposes of Standard No. 131, the question is whether there is any circumstance in which the stop arm may be deactivated while the red lamps are flashing. From the standpoint of practicality, we agree with you that the stop arm should not function before the bus has stopped and the driver has opened the service door. We further believe it is consistent with the purpose of the standard for the stop arm to be deactivated on a Wisconsin bus before the bus stops, even though the bus's red lamps may be flashing. To reconcile this view with the language of the standard, however, requires us to address the requirement of the standard that the arm must extend "at a minimum whenever the red signal lamps required by S5.1.4 of Standard No. 108 are activated...."

Standard No. 131 expressly contemplates a situation in which the stop arm would not automatically extend despite the operation of the red lamps. The final clause of S5.5 provides that "a device may be installed that prevents

the automatic extension of a stop signal arm." The question in Wisconsin's situation is whether the manual switch that activates the red signal lamps but not the stop arm would qualify as such a device. In our view, it does. Since the only time the red lamps are required by Standard No. 108 to operate is when the entrance door is open, and since the Wisconsin system would automatically extend the stop arm when the entrance door opens, we believe that the manual switch in the Wisconsin system can be fairly characterized as an override device that prevents the automatic extension of the stop signal arm until the red lamps are required to operate. For an override to be permitted, the device must comply with the other provisions set forth in S5.5, including the presence of a continuous or intermittent signal.

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

ID: nht92-4.8

DATE: September 14, 1992

FROM: Preston Golder -- Road Reflectors

TO: Legal Counsel -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 10/5/92 from Paul Jackson Rice to Preston Golder (A-40; Std. 108) and letter dated 4/21/92 from Paul Jackson Rice to Allan Schwartz (Std. 108)

TEXT:

I've been marketing a product for automobiles here in New York State that has become quite popular. I would like to market this product in other states and would first want to find if there were legal problems I might run into. According to the gentlemen I spoke to on the telephone (Mr. Richard Van Iderstine at 202-366-2720) they are not illegal but I should write you to get a written verification of this.

The product is Neon lighting sealed in Lexan plastic with high voltage wires (same as the spark plug wires) extending out of each end. These Neon tubes are sealed and waterproofed at each end of the Lexan. The wires connect in sequence to four of these neon tubes and connect to a power supply that is mounted under the vehicles hood and to the firewall. (enclosed diagram and mounting instructions) They are then connected to a separate toggle switch.

These lights were originally intended for car shows, giving the effect the car was riding on cloud of color.

Young people seeing this effect started purchasing them and a whole new auto accessory was born. They are very popular in both New York and Florida where even neon car clubs have developed.

I was forced to retire two years ago because of a rare lung disease. I soon became bored and as a true entrepreneur soon found a product that even a sagging economy didn't seem to touch. After all most people that buy this product are the young people who are still living at home with mom and pop. They spend their salaries on their vehicles and social life.

I believe this product would do well nationally, however my investors are hesitant because it may be considered illegal in some states, one is California. California with all their car buffs would be a tremendous market for this product.

If you could give me some idea from a Federal standpoint whether we should proceed with trying to market nationally and what problems we may encounter, I would greatly appreciate any help you may be able to give.

I plan on visiting California in November and hope to start marketing this product at that time. I've enclosed several pictures and information.

ID: nht92-4.9

DATE: September 14, 1992

FROM: Dave Durenberger -- United States Senator

TO: Office of the Chief Council -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 10/15/92 from Paul Jackson Rice to Dave Durenberger (A40; Std. 208)

TEXT:

Attached is a letter from one of my constituents concerning a matter in which I believe you can be of assistance. In order to respond to Mark Gassert, I would like to have available an interpretation and explanation of any federal standards that would regulate the One-Hand Driving System offered by General Motors.

In responding to me, please return the attached correspondence along with your reply in duplicate to the attention of my assistant, Christina Pierson, at 1020 Plymouth Building, 12 S. 6th Street, Minneapolis, MN 55402.

Thank you for your cooperation and assistance.

Attachment

August 20, 1992 116 Douglas Avenue PO Box E Moose Lake, MN 55767

David Durenberger U.S. Senator 1020 Plymouth Building 12 S. 6th Street Minneapolis, MN 55402

Dear Mr. Durenberger:

I have no use of my legs or left arm, and I use special hand controls to operate my vehicle. When I purchased my vehicle, a 1985 Chevy van, I also purchased a Drivemaster One-Arm-Drive hand control system. I completed drivers training, and passed my drivers license exam, with this vehicle.

Recently, I have been thinking about replacing the vehicle. Like most Minnesotan's, I find that winter driving takes it's toll. I want to replace my vehicle with a new van.

Even though my hand controls can be placed in a new vehicle; I was told that it was impossible to put my hand controls in a new vehicle, because of 1992 federal safety standards.

I would like to know what these safety regulations say, why they exist, why they effect me, and who proposed them.

Thank you for the attention you have given my problem. If you need to reach me, I can be reached by mail or leave message with Mrs. Gassert at (218) 485-4085.

Sincerely,

Mark Gassert

ID: nht92-5.1

DATE: August 3, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Tilghman (Tilman) Spingler -- Robert Bosch GmbH

TITLE: None

ATTACHMT: Attached to letter dated 7/9/92 from Tilman (Tilghman) Spingler to Paul J. Rice (OCC 7502)

TEXT:

This responds to your FAX of July 9, 1992, asking for a "quick answer" to your question regarding the aim of replaceable bulb headlamps.

Specifically, you ask whether the requirement of "a vertical aim range of +/-4 degrees and a horizontal aim range of +/- 2.5 degrees" means "that a headlamp has to meet both ranges in addition, i.e. 2.5 degrees horizontal at a full range of 4 degrees vertical and vice-versa?"

The requirements to which you refer are found in paragraphs S7.7.3 and S7.7.4 of Standard No. 108. Paragraph S7.7.3 requires in pertinent part that "When a headlamp system is tested in a laboratory, the range of its vertical aim shall be not less than +/- 4 degrees from the nominal correct aim position for the intended vehicle application." Paragraph S7.7.4 requires that "When a headlamp system is tested in a laboratory, the range of its horizontal aim shall be not less than 2.5 degrees from the nominal correct aim position for the intended vehicle application."

We call your attention to paragraph S7.7.2.2. With respect to headlamps aimed by moving the reflector relative to the lens and headlamp housing, or vice versa, the paragraph requires conformance with respect to the applicable photometrics "with the lens at any position relative to the reflector within the aim range limits of paragraph S7.7.3 and S7.7.4 or any combination." This clearly indicates that when a replaceable bulb headlamp that is aimable as provided in S7.7.2.2 is adjusted to the extreme of its range, and at all positions in between, it must continue to meet all applicable photometrics. We interpret this requirement as also applying to headlamp systems of replaceable bulbs subject to S7.7.3 and S7.7.4, but aimable in a manner outside S7.7.2 (such as movement of the entire headlamp, rather than its lens or reflector).

I hope that this answers your question. Please note that under recent amendments to Standard No. 108, paragraphs S7.7.2.2, S7.7.3, and S7.7.4 have been renumbered respectively S7.8.2.2, S7.8.3, and S7.8.4.