ID: nht81-1.40

DATE: 03/16/81

FROM: AUTHOR UNAVAILABLE; J. Zemaitis; NHTSA

TO: Poly Dyne Engineering

TITLE: FMVSS INTERPRETATION

TEXT:

U.S. Department of Transportation National Highway Traffic Safety Administration

Date: March 16 1981 NO9-00

Subject: Poly Dyne Engineering P.O. Box 3517 Scottsdale, Arizona 85257

From: Motor Vehicle Program Director, Region IX

To: Office of Chief Counsel NOA-30

Enclosed is a letter dated March 6, 1981, and an attached brochure illustrating a reflective device.

We would appreciate your response to the subject.

Joseph Zemaitis

Enclosure

Poly Dyne Engineering Box 3517 Scottsdale, Arizona 85257

March 6, 1981

Joseph F. Zemaitis National Highway Traffic Safety Administration 2 Embarcadero Center, Suite 610 San Francisco, CA 94111 Dear Mr. Zemaitis:

Recently, we have requested copies of regulations pertaining to standards and usage of triangle type flares of warning signals as related to overland trucks. Your office has been helpful in supplying us with copies of current DOT regulations along with procedures to follow for possible amendments.

The purpose of this letter and prior inquiries was to initiate some action that would allow the use of our new patented triangle signal either in addition to or in place of the type that now is carried by truckers to be set on the ground in proper orientation to disabled or parked trucks.

Our product, photos and literature enclosed, has been designed for either rear or side mount on trucks, RVs or any other vehicle and is automatically deployed into its triangular configuration upon withdrawal from the case. Not only is the signal weather tight, but it is permanently mounted on a vehicle and can be rapidly deployed in a matter of seconds or re-encased in the same amount of time. Naturally, the product has been designed to meet DOT specifications for size, reflective surface area, reflectivity and environmental requirements. We have found that a signal of this type mounted a minimum of 3 to 5 feet above the road surface becomes highly visible to approaching traffic from far greater distances than those sitting on the ground. Additionally, they are not subject to the effects of high winds, theft, or the all too common breakage from passing traffic and, by the ease with which they can be deployed, would encourage their use by truckers as well as by RV owners, truck and trailer rental companies, delivery services, etc...We believe that more extensive use of this type of warning device would add significantly to traffic safety.

Needless to say, we are enthused about our new warning signal and have received unusually enthusiastic response from truckers and fleet owners who have seen this device and would like to see it used in place of those now required for road surface display.

We would appreciate your review of the enclosed information as well as your opinion of its benefits and your estimate of the amount of time and effort that may be involved in obtaining DOT approval for its use.

O. Vandewege, Pres. PolyDyne Engineering

OVbb

ID: nht81-1.41

DATE: 03/16/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Columbia Manufacturing Company

TITLE: FMVSS INTERPRETATION

TEXT:

MAR 16 1981

NOA-30

Mr. David R. Stevens Quality Control Manager Columbia Manufacturing Company Westfield, Massachusetts 01085

Dear Mr. Stevens:

In response to your recent letter, this is to advise you that the 4 mm height requirement for vehicle identification numbers (VIN) does not apply to mopeds (S4.3.1, Federal Motor Vehicle Safety Standard No. 115, 49 CFR 571.115). The letters and number used must be clear, however (S4.3). You should also be aware that if the VIN is to appear on the certification label, it must be at least three thirty-seconds of an inch high (49 CFR 567.4(g)).

Sincerely,

Frank Berndt Chief Counsel

December 29, 1980

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 400 Seventh Street, S. W. Washington, D. C. 20590

Attn: Mr. Fred Schwartz

Dear Mr. Schwartz:

This is to confirm our phone conversation in that we may use a 3/32 character height for our V.I.N., and that the 4 mm character height doesn't apply to mopeds.

Please find enclosed a sample of cur new V.I.N.

Sincerely,

David R. Stevens Quality Control Manager

DRS/aco

Enc.

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: nht93-4.29

DATE: June 9, 1993

FROM: William D. McIntosh -- Quality Assurance Manager, Perstorp Components

TO: Chief Council, NHTSA (via John Messera)

TITLE: None

ATTACHMT: Attached to letter dated 4/1/94 from John Womack to William D. McIntosh (42; STD. 302)

TEXT:

This letter is a request for a clarification on FMVSS 302 on an acoustical application in motor vehicles. Reference to the following typical diagram will be made throughout the text.

GRAPHICS OMITTED - SEE ORIGINAL

The composite assembly is an acoustical abatement product that is installed with layer C against vehicle sheet metal inside passenger vehicles. Layer B is always covering and adhering to layer C. The material is not visible to the occupants of the vehicle. It could be covered with carpet, trim, instrument panel etc. It resembles the B and C layers diagrammed in FMVSS 302.

Typical Flammability Results

Layer B SE Full Composite SE to B50 C Sliced at 1/2" SE/NBR to B200 - very dependant on cut quality.

- burning is restricted to C.

We recognize that FMVSS 302 says that test samples are to be cut to 1/2" thickness in preparation to perform the test. The standard goes on to say that the requirement concerning the transmission of a flame front shall not apply to a surface created by the cutting of a test specimen for the purposes of testing. Throughout the development of this product we have worked closely with our automotive customers to ensure that the installed product meets the 101 mm/min propagation criteria of the standard.

I have had discussions with two independent testing labs as well as Mr. John Messera of NHTSA. They agree that we appear to be meeting the spirit of the standard but we received varying comments on how to certify our material to the standard.

Mr. John Messera suggested that we put this question to the NHTSA legal department in the form of a request for a ruling. This letter is a request for such a ruling.

In subsequent conversation with John Messera, he indicated that our product was not listed in S4.1 of FMVSS 302 and as such was not covered by the standard.

If a previous ruling has been made to that effect I would like a copy of that as well.

ID: nht93-4.3

DATE: May 19, 1993

FROM: Edward F. Conway, Jr. -- Assistant General Counsel, Recreation Vehicle Industry Association

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 6-15-93 from John Womack to Edward F. Conway, Jr. (A41; Std. 108; VSA Sec. 108(a)(2)(A))

TEXT: The purpose of this letter is to seek official clarification of the center high mounted stop requirements with respect to truck campers prescribed in FMVSS 108, (49 CFR 571.108).

In the April 19, 1991, issue of the Federal Register (pp. 16015-16021), your agency published a final rule that amended FMVSS 108 to provide that trucks whose overall width is less than 80 inches and whose GVWR is 10,000 pounds or less, manufactured on or after September 1, 1993, must be equipped with a center high mounted stop right (CHMSL).

On page l6Ol8, your agency responded in part to the concern expressed by the Recreation Vehicle Industry Association and others that CHMSLs would be obscured by aftermarket slide-in campers, as follows:

Under the Vehicle Safety Act, manufacturers, dealers, distributors, or motor vehicles repair businesses, may not install campers or other equipment on new or used vehicles that would obscure the original mandated CHMSL, as this obscuration would be "rendering inoperative" a mandated safety device. However, this prohibition does not apply to vehicle owners. Therefore, they could use slide-in campers or caps that obscure the original CHMSL. However, the agency believes that slide-in campers, which are not part of the original pickup design and hence are accessory equipment, are typically intended for occasional use, and the CHMSL would only be obscured for a relatively short period of time on those vehicles whose owners have purchased them.

This agency response was not entirely dispositive of the slide-in truck camper issue. The CHMSL requirement for trucks manufactured on or after September 1, 1993, applies ONLY to trucks whose overall width is LESS THAN 80 inches and whose GVWR is less than 10,000 pounds.

A number of RVIA manufacturer members produce slide-in campers that are more than 80 inches wide. When such a side-in camper is installed in a pickup truck that is less than 80 inches wide, the overall width of the pickup truck is thereby increased to MORE THAN 80 inches. See the enclosed truck camper brochures for examples.

While such a slide-in camper does obscure the pickup truck's CHMSL, it does NOT "render inoperative" a MANDATED safety device. A CHMSL is NOT required on that pickup truck because its overall width is now MORE THAN 80 inches. Moreover, if and when the side-in camper is removed thereby reducing the overall width of that pickup truck to less than 80 inches, the mandated CHMSL is not obscured but is "fully operative".

Accordingly, RVIA believes that:

1) manufacturers, dealers, distributors and motor vehicle repair businesses MAY lawfully install a slide-in camper that is 80 or more inches wide on a new or used pickup truck that is less than 80 inches wide even though that camper obscures the truck's CHMSL; and

2) a side-in camper that is 80 or more inches wide, which obscures the CHMSL of a truck that is less than 80 inches wide, is NOT required by MVSS 108 to be equipped with a CHMSL.

Does your agency concur?

Since the CHMSL requirement will apply to trucks built on or after September 1, 1993, we would greatly appreciate an early reply.