ID: nht94-6.48

DATE: April 7, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Darryl Cobb (Abbeville, GA)

TITLE: None

ATTACHMT: Attached to letter dated 10/29/93 from Darryl Cobb to Office of Chief Counsel, U.S. Department of Transportation (OCC 9280)

TEXT:

This responds to your inquiry about how Federal regulations would affect the sale of an aftermarket rearview mirror you plan to import into the United States. You stated that this mirror system would be installed on the driver's side of a passenger car. A brochure accompanying your letter indicated that the mirror system contains both a portion that is a flat mirror of unit magnification and a portion along the outer edge that is convex. I regret the delay in responding.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act (Safety Act), it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with all applicable standards. The following represents our opinion based on the facts provided in your letter.

NHTSA issued performance requirements for new vehicle mirrors in Standard No. 111, Rearview Mirrors (49 CFR S571.111, copy enclosed). Standard No. 111 establishes performance and location requirements for the rearview mirrors in each new motor vehicle. Vehicle manufacturers must certify that each of their new vehicles complies with the applicable requirements in Standard No. 111. Vehicle manufacturers may install mirror systems that combine flat and convex mirrors on their new vehicles, provided that the flat mirror portion by itself complies with the requirements in Standard No. 111 that are applicable to the vehicle type on which the mirror system is installed. Assuming that the flat mirror portion of your mirror system complies with the requirements of Standard No. 111 for the vehicle type on which it is to be installed, this new mirror system can legally be installed on new vehicles of that type.

Please note that since Standard No. 111 applies to the completed new vehicle, it does not apply to mirrors sold and installed as aftermarket equipment. However, there are other Federal requirements that indirectly affect an aftermarket mirror system. Under the Safety Act, the mirror is considered to be an item of motor vehicle equipment. Manufacturers of motor vehicle equipment are subject to the requirements in SS151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to S108(a)(2)(A) of the Safety Act, which states: "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 or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...." If the installation of an aftermarket mirror system resulted in a vehicle no longer complying with Standard No. 111, a manufacturer, distributor, dealer, or motor vehicle repair business that replaced a complying mirror with a noncomplying system would have rendered inoperative a device (the mirror system) installed in the vehicle in compliance with Standard No. 111. Section 109 of the Safety Act specifies a civil penalty of up to $1000 for each violation of the render inoperative provision.

The Safety Act does not establish any limitation on an individual vehicle owner's ability to modify his or her own vehicle. Under Federal law, individual owners can install any mirror system they desire on their own vehicles, regardless of whether that mirror renders inoperative the vehicle's compliance with the requirements of Standard No. 111. However, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles, including the safety of their rearview mirrors.

I hope this information is helpful. Please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information.

ID: nht94-6.49

DATE: April 7, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Steve J. Brooks -- Program Manager, IAD West Coast, Inc. (CA)

TITLE: None

ATTACHMT: Attached to letter dated 12/8/93 from Steve J. Brooks to Office of Chief Council, NHTSA (OCC 9443)

TEXT:

This responds to your letter asking about the operation and classification of a commercial vehicle you wish to manufacture. The vehicle will carry fewer than 10 passengers and its GVWR will be 11,500 pounds. You were particularly interested in the type of operator's license that would be required of the driver.

Driver licensing requirements for vehicle operators are determined by state law. Since the vehicle's GVWR will be less than 26,000 lbs, and the vehicle will presumably be designed to carry fewer than 15 passengers, the driver will not be required, under the Federal Highway Administration's (FHWA's) Commercial Driver Licensing (CDL) regulations, 49 CFR part 383, to qualify for a commercial driver license. However, some states require that drivers obtain a commercial driver license to drive vehicles that have lower GVWRs. The driver licensing requirements of the state in which the vehicle is registered, will apply. For more information about the CDL requirements, you can contact the FHWA Chief Counsel's office at (202) 366-0834.

Vehicle classification is relevant for the regulations and standards of our agency. The National Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and motor vehicle equipment. Each FMVSS for motor vehicles applies to one or more particular types of vehicles, e.g., a standard might apply to passenger cars, buses, trucks, and/or trailers.

To determine which FMVSSs apply to their vehicles, manufacturers classify their vehicles using the definitions in 49 CFR part 571.3 of NHTSA's regulations. Under part 571.3 (copy enclosed), your vehicle, which you said is built in a bus/truck chassis, appears to be a "truck" or a "multipurpose passenger vehicle." Under part 567, a manufacturer must state the vehicle classification on the vehicle's certification label and certify that its motor vehicle complies with all applicable FMVSSs. NHTSA may take issue with a manufacturer's vehicle classification in an enforcement proceeding if the agency does not agree with the manufacturer's classification.

I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

ID: nht94-6.5

DATE: May 3, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Peter Drymalski -- Investigator, Montgomery County Government, Office of Consumer Affairs

TITLE: None

ATTACHMT: Attached to letter dated 3/1/93 from Peter Drymalski to John Womack (OCC-8371)

TEXT:

This responds to your letter and telephone conversations with David Elias, formerly of this office, asking about a situation you term as the "cannibalization" of new, unsold vehicles. I apologize for the delay in our response.

The situation involves motor vehicle dealers who remove equipment (e.g., a power steering pump) from new vehicles to repair or replace malfunctioning equipment on previously-sold vehicles. The new vehicles are "cannibalized" to expedite repairs when replacement equipment for the repair is temporarily unavailable. The new vehicles have their cannibalized equipment replaced when the parts become available, before the vehicles are sold.

You ask whether the National Highway Traffic Safety Administration (NHTSA) permits dealers to cannibalize parts. As explained below, the answer is yes, provided that certain requirements are met.

By way of background, the National Traffic and Motor Vehicle Safety Act ("Safety Act") authorizes NHTSA to issue Federal motor vehicle safety standards ("FMVSS's) applicable to new motor vehicles and items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act prohibits any person from manufacturing or selling a new vehicle manufactured on or after the effective date of any applicable FMVSS that does not comply with each of those standards. Under S114 of the Safety Act, each motor vehicle must be certified as conforming to the FMVSS's. NHTSA's certification regulations (49 CFR Part 567) require any person altering (i.e., performing extensive manufacturing operations on) a certified vehicle before the first purchase of the vehicle by the consumer to certify that the vehicle, as altered, conforms to all applicable standards affected by the alteration. 49 CFR S567.7. However, persons altering a certified vehicle only by the addition, substitution, or removal of "readily attachable components" (e.g., mirrors or tires and rim assemblies) or by performing minor finishing operations (e.g., painting), are not considered alterers, and need not re- certify the vehicle.

Whether modifications involve "readily attachable" components depends on the intricacy of the installation of those components. "Simple tools, a relatively short installation time, and the ability to install the device without extensively modifying the vehicle would all be factors pointing to a decision that a component is readily attachable." NHTSA letter to Fred Cords, March 4, 1975. Applying these considerations to the situation you present, we conclude that a power steering pump is a readily attachable component.

A power steering pump can be installed with extraordinary ease. The pump can be replaced on the dealer's lot in minutes, simply by opening the hood and popping the old pump out and inserting the new one, with no need to use special tools or have special expertise. The pump can be replaced without extensively modifying the vehicle in any manner.

Since the power steering pump is a readily attachable component, the dealer described in your letter is not an alterer under S567.7. The dealer can "cannibalize" the new unsold cars for power steering pumps and install new pumps when they arrive without applying its own new certification label.

I emphasize that a dealer would not be considered an alterer only in the narrow circumstances in which the component being "cannibalized" is readily attachable. If the component is not readily attachable, the dealer could "cannibalize" the new cars and later repair and sell them if the following requirements are met. First, the dealer would be responsible under S108(a)(1)(A) of the Safety Act for ensuring that each new vehicle it sells complies with the applicable FMVSS's. Thus, the new vehicle must comply with the FMVSS's. Second, the dealer would be responsible, as an "alterer," for certifying the new vehicles from which it removed and replaced the equipment. The dealer would be an alterer since the work performed would be more extensive than "the addition, substitution, or removal of readily attachable components" or the "minor finishing operations" described in S567.7. The dealer would certify the vehicle by allowing the original certification label of the type and form specified in S567.7.

In all cases, including where the dealer is replacing a readily attachable component, the dealer must also adhere to S108(a)(2)(A) of the Safety Act, which provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard, unless such manufacturer, distributor, dealer, or repair business reasonably believes that such vehicle or item of equipment will not be used... during the time such device or element of design is rendered inoperative.

The effect of S108(a)(2)(A) is to limit the modifications that a dealer may make to a new or used vehicle. If, in making the temporary repair affecting a new vehicle, the dealer "renders inoperative" a device or design installed on the new vehicle pursuant to an FMVSS, the dealer must return the vehicle to compliance before the new vehicle can be sold to the public, or even test-driven by a member of the public.

Section 108(a)(2)(A) also applies to the used vehicles into which the cannibalized equipment is installed. The dealer must ensure that it does not violate the Safety Act by "rendering inoperative" equipment or designs on the vehicles in the process of repairing them.

I hope this information has been helpful. If you have any further questions, please contact Deirdre Fujita of my staff at this address or

by phone at (202) 366-2992.

ID: nht94-6.50

DATE: April 7, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Robert Matulich (Seattle, WA)

TITLE: None

ATTACHMT: Attached to letter dated 12/15/93 (est) from Robert Matulich to Office of Chief Council, NHTSA (OCC 9449)

TEXT:

This responds to your letter requesting information about Federal requirements applicable to your product. According to promotional literature that accompanied your letter, your "Clear Vu Mirror" is an attachment to exterior mirrors that clears raindrops, dust, and mist, thus making a mirror "virtually self-cleaning." I am pleased to explain the applicability of our regulations to your product.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal Motor Vehicle Safety Standards (FMVSSs) that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the National Traffic and Motor Vehicle Safety Act ("Safety Act") establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable FMVSSs.

NHTSA currently has no FMVSSs that directly apply to the product you plan to manufacture. NHTSA issued an FMVSS for vehicle rearview mirrors (FMVSS No. 111), but the standard applies to new vehicles, and not to aftermarket mirror products. If your product were manufactured and sold as part of a new vehicle, the vehicle would have to be certified as complying with all applicable standards, including Standard No. 111. The standard sets field of view requirements for new motor vehicles, and your product would have to be mounted on a new vehicle such that it does not block the field of view required by FMVSS No. 111. However, since Standard No. 111 applies only to new vehicles, it does not apply to your product.

I note, however, that there are other Federal requirements that indirectly affect you and your product. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in SS151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to S108(a)(2)(A) of the Safety Act, which states: "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 or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...." It is conceivable that your product, when placed on a vehicle's exterior mirror, could "render

inoperative" the vehicle's ability to comply with FMVSS No. 111. Persons in the aforementioned categories cannot install your product if it blocks the field-of-view required by FMVSS No. 111, or otherwise caused the vehicle to no longer comply with Standard No. 111.

The "render inoperative" prohibition of S108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your product were placed on an exterior mirror by the vehicle owner, the render inoperative provision would not apply. Nevertheless, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles, including the safety of their rearview mirrors.

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

ID: nht94-6.6

DATE: May 2, 1994

FROM: Paul L. Anderson -- President, Van-Con Inc.

TO: John Womack -- Acting Chief Council, NHTSA

TITLE: Re: Items Applicable To Type A-1 School Buses Under 10,000 Lbs. Gross Vehicle Weight In New 217 FMVSS.

ATTACHMT: Attached To Letter Dated 5/18/94 From John Womack To Paul Anderson (A42; Std. 217)

TEXT: Dear Mr. Womack:

Please advis us of the items applicable to Small School Buses, Sixteen & Twenty Passenger, less than 10,000 lbs. Gross Vehicle Weight pertinent to the new 217 FMVSS.

We were told earlier by Mr. Charles Hott that the reflective marking tape outlining Rear Emergency Doors was not required on Type A-1 School Buses.

Please tell us if Type A-1 School Buses need the following items:

1. Roof Hatches ? 2. Push Out Windows on each side ? 3. Reflective Marking Tape around Emergency Rear Doors ?

We received a notice today that the new standard 217 will not become effective until September 1, 1994 and that it only applys to School Buses with capacity of 24 to 90 passengers.

Very truly yours,

ID: nht94-6.7

DATE: April 29, 1994

FROM: William L. Blake

TO: United States Department Of Transportation

TITLE: Re: 1985 Mercedes Benz, Model 280SL, Seriel NO. WDB1070421A026883

ATTACHMT: Attached To Letter Dated 6/9/94 From John Womack to William L. Blake (A42; PART 581; 591; CSA 5106) And Letter Dated 5/11/94 From William Blake To U.S. DOT

TEXT: Gentlemen:

Please be advised that I represent the owner of the foregoing vehicle. I am advised that this vehicle was manufactured and assembled in Europe and shipped to the United States, modified slightly, and then sold. Modification did not include removal of, or modification of, bumpers to conform to United States crash standards.

The bumper of this vehicle has now been damaged. My client placed a claim with his insurance company, and the insurance company insists that the vehicle can be repaired with parts which were allegedly illegally imported. The reputable body shop to which my client took the vehicle indicates that it is illegal to import bumper parts which do not conform to United States crash standards and that accordingly the entire bumper must be replaced in order to conform to United States safety standards.

Please advise as to the following:

1. As to whether it is or is not illegal to import European bumper parts for these so-called gray model vehicles.

2. As to whether it is or is not illegal for an owner to participate in the installation of bumper parts which do not conform to United States standards.

2

Please refer me to the appropriate statutes and/or regulations relative to the foregoing.

Thank you very much for your cooperation.

Yours very truly,

ID: nht94-6.8

DATE: April 28, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Mark M. McGregor

TITLE: None

ATTACHMT: Attached to letter dated 3/31/94 from Mark M. McGregor to Office of Chief Council, NHTSA (OCC-9847)

TEXT:

This is in reply to your letter of March 31, 1994, with respect to Federal regulations that may apply to a motor vehicle rear lighting device that you have invented.

Your "Safe Driving Indicator Light," mounted on the rear of a vehicle, would emit one color ("possibly green") which would change to red when a vehicle following came too close.

To put it at its simplest, an invention such as yours is permissible under the Federal statutes and regulations of this agency as long as it does not negatively affect the performance of the lighting equipment that is required by Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment. This is the Federal standard that specifies what is required as original lighting equipment on motor vehicles.

More specifically, paragraph S5.1.3 of Standard No. 108 permits non- required lighting devices as original equipment if it does not impair the effectiveness of the required lighting equipment. We believe that your invention, as described, has the potentiality to impair the stop lamp system. While running lamps of the color red are permitted (e.g. taillamps), the sudden change from green to red of the lamp of your system could be misinterpreted as a signal to the car following that the car ahead is preparing to stop. However, the purpose of your lamp is not to indicate a stop but to warn the following driver that (s)he is too close.

As a warning lamp, we believe that your use of amber as a color, rather than red, would convey the desired message without impairing the effec- tiveness of the stop lamps. But you should consider the intensity and location of the lamps to avoid impairment of the rear turn signal lamps.

With respect to the aftermarket, 15 U.S.C. 1397(a)(2)(A) (Section 108(a)(20)(A) of the National Traffic and Motor Vehicle Safety Act) prohibits a manufacturer, dealer, distributor, or motor vehicle repair business from knowingly rendering inoperative in whole or in part any device or element of design installed in accordance with a Federal motor vehicle safety standard. We interpret this as not forbidding activities by persons other than those named above that affect the compliance of a vehicle with the Federal safety standards. Thus, the installation of your invention emitting a red color is not precluded if the invention is intended for installation by a vehicle owner, and is not prohibited for installation by others if the warning light color is amber.

However, you must still determine whether use of the lamp is permissible under the laws of States where it will be used. We are unable to advise you on State laws and suggest that you write for an opinion to: American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA. 22203.

ID: nht94-6.9

DATE: April 27, 1994

FROM: DEAN LAKHANI -- PRESIDENT, GEM MANUFACTURING CORPORATION

TO: OFFICE OF CHIEF COUNSEL -- NHTSA

TITLE: NONE

ATTACHMT: Attached to letter dated 8/3/94 from John Womack to Dean Lakhani (Std. 208)

TEXT: Dear Counselor,

Our company has been in business will over 50 years, manufacturing bumper guards for the passenger car, pickup truck and van industry. These products are used in our country and sometimes exported abroad. These products have over the years saved lots of lives and a lot of money spent towards costs resulting out of collision damage.

There were several competitors in the days when all the auto vehicles had metal and five mile per hour crash bumpers. Now, it appears that (and we have been told by Ford and General Motors) we are the only bumper guard manufacturing company left in all the U.S. All the other bumper guards manufacturers have closed down because of lack of market for bumper guards.

Our primary market disappeared when the 2 1/2 mile collapsible plastic or fiberglass bumpers were approved. Now with the introduction of the air bags (Federal Motor Vehicle Standard # 208), our taxi-cab and police car markets are drying up.

General Motors and other auto manufacturers, it appears have advised consumers, taxi-cab and police fleet administrations that if a bumper guard or any other similar device is placed in front of the bumper, it would interfere with # 208 device (the air bag) and the car manufacturers guarantees or warranties would then be questionable. This has caused the consumers, taxi-cab and police car administrators enough concern so as to stop buying bumper guards from us. This has caused the taxi-cab bumper guard market and the police car bumper guard market to reduce substantially and it is now literally drying up. We may be forced soon to close our doors.

2

We need your prompt assistance, your unequivocal opinion on the issue of whether the attachment of a bumper guard to the front bumper of a vehicle will interfere with Federal Motor Vehicle Standard # 208 devise (air bag device).

Sir/Madam, in our company, except for three employees, the next junior most employee has been with the company for 17 years and the 2 senior most employees have been with the business 43 years and 47 years, respectfully. By closing this business, believe me, we will lose hands-on knowledge and talent that has been the backbone of our country's industrial might!

Please do help us. We are all praying for your prompt response.

ID: nht94-7.1

DATE: April 7, 1994

FROM: John A. Boehner -- Congress of the United States, House of Representatives

TO: Jackie Lowey -- Director, Congressional Affairs, DOT

TITLE: None

ATTACHMT: Attached to letter dated 6/25/94 Est from John Womack to John A. Boehner (A42; Std. 108; VSA S102(a)(2)(A)) and letter dated 3/25/94 from James Ackley, Carol Baumhauer and Krista D. Subler to John A. Boehner

TEXT:

The enclosed correspondence requesting permission to use two unassigned colors was sent to me by Mr. John Cail and Mr. James Ackley.

I would greatly appreciate you providing my Hamilton office with the appropriate information so that I may reply to my constituent's inquiry.

If I may provide additional information, please do not hesitate to contact me.

Attachment

C & L Safety Products Unlimited Eaton, Ohio

The Honorable John A. Boehner (R-Ohio) 1020 Longworth House Building Washington, D.C. 20510

Dear Mr. Boehner,

We are writing to request the assistance of your office, or your personal assistance, in obtaining Department of Transportation approval and color code designation on our, LIFE LITES system. Our firm has secured a patent, foreign trade license and completed testing with the Ohio State University, and is ready to begin producing the device.

C & L Safety Products currently has a plastics firm and lighting manufacturer within your district to begin production, as well as, several organizations who have committed to purchase the final product. We feel normal, or abnormal delays, in securing approval for the device could adversely impact the economic development of your voting area. Rapid approval would permit you to utilize our firm as an example, particularly in an election environment, of the assistance you can provide to those considering southwest Ohio as a site for future business. Additionally, we are prepared to utilize our public relations firm in contacting other organizations with the details of any assistance provided by you in this matter.

Sue Clark, of your Hamilton office, has been working with us, and has all the details of efforts made to date in securing approval, and has been greatly supportive in moving through the Department of Transportation process.

We have taken the liberty of enclosing a local and national press article explaining the purpose of the device, as well as, copies of the patent and foreign trade permit. Should there be any questions, please call us, to reduce the delays associated with mailed correspondence. Best wishes for continued success.

Sincerely,

John Cail Sr. James Lipps

3/29/94

ID: nht90-3.67

TYPE: Interpretation-NHTSA

DATE: August 27, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Carol Zeitlow -- Manager, Engineering Services, Oshkosh Truck Corporation

TITLE: None

ATTACHMT: Letter dated 8-1-90 to T. Vincon from C. Zeitlow; (OCC 5067); also attached to photocopies of Federal Register (text omitted)

TEXT:

This in reply to your letter of August 1, 1990, to Taylor Vinson of this Office, with respect to Motor Vehicle Safety Standard No. 108.

You ask for confirmation that "the hazard warning light should always over-ride the stop lamp" when they are "together on a vehicle." I am pleased to provide that confirmation. Under the relevant SAE materials on stop lamps that are incorporated by ref erence in Standard No. 108, when a stop signal is optically combined with the turn signal, the circuit shall be such that the stop signal cannot be turned on if the turn signal is flashing. Because the hazard warning system operates through the turn sig nal lamps, the stop signal cannot be turned on in an optically combined lamp if the hazard system is in use.

You have also noted that in your version of Standard No. 108, no reference is made to SAE Standard J1395. It was not until May 15 of this year that Standard No. 108 was amended to incorporate SAE J1395 (with an effective date of December 1, 1990). I en close a copy of that amendment for your information.

If you have any further questions, we shall be pleased to answer them.