ID: nht88-2.75

TYPE: INTERPRETATION-NHTSA

DATE: 07/18/88 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: GARY EVANS -- PRESIDENT, WESTEX AUTOMOTIVE CORPORATION

TITLE: NONE

ATTACHMT: MEMO DATED 2-26-88, TO NHTSA, FROM GARY EVANS-WESTEX

TEXT: This is a response to your letter of February 26, 1988, where you asked the National Highway Traffic Safety Administration (NHTSA) whether a product you wish to import and sell in the United States "complies with any standards which may affect it.". You describe the product as a warning triangle that is designed to be attached to the side window of a car. You tell us that this side-mounted triangle is about 20% smaller than the warning device specified in this agency's regulations in Standard 125, War ning Devices. The answer to your question is that the device you described would not comply with Standard 125.

Standard 125 sets uniform specifications for warning devices. Paragraph S3 of Standard 125 states that the standard "applies to devices, without self-contained energy sources, that are designed to be carried in motor vehicles, and used to warn approachi ng traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle." By its own terms, then, Standard 125 applies to all warning devices that are not designed to be permanently affixed to the vehicle. Y ou are mistaken in suggesting that because the device attaches to the vehicle, Standard 125 is inapplicable. As I understand your description, the device is not "permanently affixed" to the vehicle. Rather, it is carried in the vehicle, and the vehicle operator may attach or remove the device as necessary. Therefore, this device is subject to the requirements of Standard 125.

According to your letter, this device fails to comply with the minimum size requirements set forth in paragraph S5.2.2 of Standard 125. Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(1)(A)) specifies that, " No person shall . . . import into the United States any . . . item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect unless it is in conformity with such standard . . ." Standar d 125 took effect on January 1, 1974. Thus, Federal law prohibits you from importing any of the devices described in your letter that were manufactured on or after January 1, 1974.

I hope you find this information helpful. If you have further questions, please contact Joan Tilghman of my staff at (202) 366-2992.

ID: nht88-2.93

TYPE: INTERPRETATION-NHTSA

DATE: 08/10/88 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: AMNON SHOMLO -- PRESIDENT, A.A.S.

TITLE: NONE

ATTACHMT: MEMO DATED 3-25-88, TO ERIKA JONES-NHTSA, FROM AMNON SHOMLO, OCC-1783

TEXT: This is in reply to your letter of March 25, 1988, enclosing a "Peace" decal designed to be affixed to the center highmounted stop lamp. The letters and design are in white, printed on transparent plastic, "in an effort to preserve the basic requirement s for an effective projected luminous area of the lens and the specified candela." You have asked what "Federal/Legal authorizations we need to obtain, stating that we comply with all the regulations and the requirements regarding this product."

There are no regulations that apply directly to the decal, nor any Federal restrictions on its sale. Thus you cannot state in any sales materials that the product meets Federal requirements, for there are none. If a center highmounted brake lamp would continue to meet all applicable requirements of Motor Vehicle Safety Standard No. 108 after installation of your decal, there are no restrictions on its use.

Although you intend the product to preserve the requirements of Federal Motor Vehicle Safety Standard No. 108, it is not certain that this will occur. The decal has the potential of obscuring light from some of the 13 test points at distances where cand ela photometrics must be measured and the specified minima met. However, its actual effect can be determined only through laboratory tests on lamps of different sizes and lens and reflector designs. Although you have no liability under Federal law for selling this decal, a violation of the National Traffic and Motor Vehicle Safety Act will result if the decal creates a noncompliance and if it is applied by a manufacturer, distributor, or dealer before the first sale of the vehicle. A violation will a lso occur if the decal creates a noncompliance and if it is applied after the vehicle's first sale by any of these persons or by a motor vehicle repair business. There is no violation of Federal law if the decal is applied by a person other

than those named above, such as the vehicle owner. In the absence of a violation of Federal law there may nonetheless be State statutes restricting the application of the decal under any circumstances. We are unable to advise you on State laws.

I hope that this answers your question.

ID: nht88-3.64

TYPE: INTERPRETATION-NHTSA

DATE: 10/05/88

FROM: BYUNG M. SOH -- TARGET MARKETING SYSTEMS INC

TO: TAYLOR VINRON -- OFFICE OF CHIEF COUNSEL NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 03/25/89 FROM ERIKA Z. JONES -- NHTSA TO BYUNG M. SOH, REDBOOK A33(6); VSA 108(A)2(A); STANDARD 108; STANDARD 211

TEXT: Dear Sir:

We would like to have your opinion on the enclosed Hub Cap, whether it violates any applicable Federal Motor Vehicle Safety Standards.

It is structured to meet FMVSS No. 571.211. We, however, feel that incorporation of LED's on the hub cap need to be clarified from your office. As described in our press release, the intensity of the LED is maximum 40mmAmp, and it is designed solely fo r cosmetic purpose, not for illuminating purpose.

Your immediate reply would be appreciated.

Thank you.

Sincerely,

Enc.: 1. our press release 2. color photo of product in motion

STARRACE Self-Lighting Hub Cap

What is STARRACE Self-lighting Hub Cap?

A Hub Cap that has a self-contained motion activating generator in the core of the Hub Cap, and made of durable, rust-proof, virgin ABS. Maintenance Free and requires NO special tools or knowledge for installation. This innovative concept is patented i n 18 countries including the U.S.A. Requires NO wiring and can be installed/replaced just a easily as replacing a regular Hub Cap.

How will STARRACE Self-Lighting Hub Cap Work?

STARRACE has 14 LED lights aligned on a linear plane of a hub cap diameter, and self-motion activation generator which could generate a minimum 20 to a maximum 40 mmAmps/LED's depending on the RPM's. Intensity of the LED lights proportionate to the spee d of the vehicle, as it triggers ON/OFF automatically by motion.

Target Market of the STARRACE Self-lighting Hub Caps?

According to our survey, major demographic target market falls in those ages between 18 to 35, male and female, nationwide: People who spend a considerable amount of money for automotive accessories should be a primary target group. The secondary target group could be those who drive major or rural highways daily. An excellent Safety device by enhancing visibility to other driver in addition to its unique cosmetic purpose. Another substantial potential market is a segment of car owners who like to dec orate their cars to distinguish them from others. STARRACE will certainly satisfy ego's of those sectors.

ID: nht88-4.20

TYPE: INTERPRETATION-NHTSA

DATE: 11/29/88

FROM: JAMES A. COWAN -- DIRECTOR OF ENGINEERING CROWN COACH INC

TO: ERIKA JONES -- CHIEF COUNSEL U.S. DEPARTMENT OF TRANSPORTATION NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: FMVSS 217 BUS WINDOW RETENTION AND RELEASE

ATTACHMT: ATTACHED TO LETTER DATED 01/09/90 FROM STEPHEN P. WOOD -- NHTSA TO JAMES A. COWAN -- CROWN COACH INC; REDBOOK A35; STANDARD 217; LETTER DATED 11/24/89 FROM JAMES A. COWAN -- CROWN COACH INC TO ERIKA JONES -- NHTSA; RE FMVSS 227, BUS WINDOW RETE NTION AND RELEASE; OCC 2847

TEXT: Dear Ms. Jones:

In a telephone conversation this morning with Marty J. Paliokes Safety Compliance Engineer for NHTSA, we were referred to your office for an interpretation regarding FMVSS 217, Bus Window Retention and Release. Our question regards figures 1 and 2 (p ages 418 and 419, CFR 49, Parts 400 to 999, October 1, 1985) of the subject regulation.

As background information, Crown Coach has developed a new transit style school bus based on our current production body shell. The current bus has been tested and certified for FMVSS 217 compliance as recently as March, 1988; see report no. 217-MSE- 87-10-TR7122-10 prepared under contract no. DTNH22-87-P-01028 for the Office of Vehicle Safety Compliance. Attachment 1 (photograph) shows the relationship of the seat at the emergency exit door to the door opening in this test.

In the new bus we have widened the door as shown in attachment 2 (Crown drawing E-504-278). Attachment 3 (photograph) shows the relationship of seats with the new door frame.

Our question regards the seat back in front of the seat at the emergency exit. Aforementioned figures 1 and 2 show a two inch (2") dimension between the access regions and the seat back forward of the emergency exit seat. This dimension is noted as "clearance area around seat back, arm rests, and other obstructions". With our wider opening, the entire seat back is in the emergency exit door opening. However, the actual minimum region area between the two seats are unchanged from the previous desi gn. We feel this wider opening is in full compliance with Part S5.2.3 of FMVSS 217.

An interpretation on this matter at your earliest convenience will be appreciated. Please call the undersigned at (714) 591-0567 if any additional information is required.

Very truly yours,

PHOTO GRAPHS OMITTED

ID: nht87-1.79

TYPE: INTERPRETATION-NHTSA

DATE: 05/25/87

FROM: AUTHOR UNAVAILABLE; EriKa Z. Jones; NHTSA

TO: Mr. Thomas L. Long

TITLE: FMVSS INTERPRETATION

TEXT: Mr. Thomas L. Long Vice-President R & D Think, Inc. P.O. Box 414 Smyrna, TN; 37167

Dear Mr. Long:

This is in reply to your letter of August 20, 1987, to Taylor Vinson of this office. You have enclosed a decal intended to be affixed "on the outside of the rear window of an automobile, directly in front of the high mounted stop light." You have asked about the relationship of the decal to Federal Motor Vehicle Safety Standard No. 108.

Center highmounted stoplamps are required to be designed so that light outlet (candela) may be measured at 13 individual test points, at a distance of not less than 10 feet. With the decal applied to the rear

window, it is possible that the requisite minimum or maximum candela specified by Standard No. 103 could not be met at all of the test points. Further, the effective luminous area of the lamp must be not less than 4 1/2 square inches, and while the decal would not be applied to the lens, nevertheless, the lens area when viewed from behind could be effectively reduced. Because a vehicle must meet Standard No. 108 at the time of its initial sale, the vehicle could be delivered to its purchase: with the decal attached only if the vehicle continued to meet the light output and effective luminous area requirements.

Even if a vehicle could not be delivered with the decal attached, nothing in Standard No. 108 or the National Traffic and Motor Vehicle Safety Act prohibits a vehicle owner from applying the decal to his own vehicle, or from taking any other action that might affect the compliance of his vehicle with any of the Federal motor vehicle safety standards. The Act does forbid other persons from such actions, so that after a vehicle is sold, the dealer (or a motor vehicle repair business) could still be prohibited from applying the decal. Regulation of a vehicle in use is a matter of the laws of the States where vehicles are registered and operated. Even though Federal law does not prohibit an owner from applying the decal, a State law might. For advice on State laws, you should write the American Association of Motor Vehicle Administrators, 1201 Connecticut Ave. N.W., Washington, D.C. 20036.

Sincerely,

Erika Z. Jones Chief Council

ID: 09-002608 403&404

ID: 10628

Mr. Richard Kreutziger
Executive Director
NYSBDA
1111 Lac De Ville Boulevard
Apartment No. 309
Rochester, NY 14618

Dear Mr. Kreutziger:

This responds to your letter of January 3, 1995, telefaxed to Walter Myers of my staff in which you asked whether the bottom edge of a flip-up school bus seat, when in the vertical position, could extend past the rearward edge of a side emergency exit door a maximum of 3/4 inch. The short answer to your question is no.

You enclosed with your letter a copy of Figure 5B of Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus emergency exits and window retention and release, which shows the permitted positions of the seats forward and rearward of a school bus side emergency exit door. You drew in a depiction of the flip-up seat bottom showing the seat bottom extending into the access aisle a maximum of 3/4 inch. You stated that even with such intrusion, 11.75 inches of clear aisle space remains without obstruction of the door release mechanism.

Paragraph S5.4.2.1(a)(2)(i) of FMVSS No. 217 provides that no seat or restraining barrier shall be installed within the area bounded by a vertical transverse plane tangent to the rearward edge of the door opening frame and a vertical transverse plane parallel to that plane at a distance of 30 centimeters forward of that plane. Paragraph S5.4.2.1(a)(2)(ii) then provides:

A seat bottom may be located within the area described in paragraph (a)(2)(i) of this section if the seat bottom pivots and automatically assumes and retains a vertical position when not in use, so that no portion of the seat bottom is within the area described in paragraph (i) when the seat bottom is vertical. (See Figure 5B). (Emphasis added).

This requirement for a specific minimum aisle space leading to side emergency exit doors on school buses was contained in the final rule issued by this agency on November 2, 1992 (57 FR 49413) to permit bus occupants unobstructed access to the emergency exit door. The language is very clear. No variation from that requirement is permitted.

I hope this information is helpful to you. Should you have any further questions or need additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

ref:217 d:2/13/95

ID: 10975

Helen A. Rychlewski
MGA Research Corporation
900 Mandoline Street
Madison Heights, MI 48071

Dear Ms. Rychlewski:

This responds to your letter of June 7, 1995, to the National Highway Traffic Safety Administration (NHTSA), requesting an interpretation of whether a vehicle can be certified as meeting the seat back requirements in S3.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 201, Occupant Protection in Interior Impact, based on the results of a particular test. The vehicle is equipped with a seat with an inertial latch on the recliner. In order to keep the seat from folding forward during the test procedure specified in FMVSS No. 201, you welded the inertial latch to conduct the test.

In past agency interpretation of the safety standards, NHTSA has stated that if (1) there are two or more possible conditions under which a compliance test may be conducted (e.g., whether an inertial lock is engaged or not); (2) the standard does not specify which test condition is to be used, and (3) the language of the standard as a whole and the standard's purpose do not imply a limit that would make one of those conditions inappropriate, there is a presumption that the requirements have to be met under all test conditions.

The intent of FMVSS No. 201 is to minimize injuries caused by an occupant striking interior components during a crash. Because inertial latches are intended to lock during a crash, NHTSA believes that testing with the inertial latch engaged most closely indicates the protection offered to an occupant during a crash. Therefore, NHTSA would test a vehicle seat back on a seat with an inertial latch with the latch engaged.

The test procedures in NHTSA standards are the procedures NHTSA will use in compliance testing. While manufacturers are not required to test their products using those procedures, they must ensure that the vehicle would comply when tested by NHTSA. NHTSA could weld the latch as you have done, or could engage

the inertial latch through other means. If you believe that the test you conducted indicates that the seat back will comply when tested by NHTSA with the latch engaged, such a test may be the basis for your certification.

I hope this information has been helpful. If you have any other questions or need additional information, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:201 d:8/4/95

ID: nht94-2.58

TYPE: Interpretation-NHTSA

DATE: April 25, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ken Simons -- Esq.

TITLE: None

ATTACHMT: Attached to letter dated 6/25/93 from Kenneth P. Simons to Department of Transportation, Trucking Division (OCC-8877)

TEXT:

This responds to your letter asking about brake requirements for trailers used in tractor trailer combinations. I apologize for the delay in our response. You asked whether all such trailers are required to be equipped with "maxi" brakes on one or both axles. You state that a "maxi" brake is found on all road tractors and "sets the brakes automatically when the air pressure gets down to a minimum level." Please note that the term "maxi" brakes ordinarily refers to spring brakes used in parking and e mergency brake applications. I further note that most, but not all, trailers are equipped with spring brakes. I am pleased to have this opportunity to explain our requirements.

By way of background information, under the National Traffic and Motor Vehicle Safety Act ("Safety Act," 15 U.S.C. S1392), the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA does not approve vehicles or equipment. Instead, manufacturers are required to certify that their vehicles or equipment meet all applicable standards.

Standard No. 121, Air Brake Systems (49 CFR S571.121, copy enclosed), specifies performance requirements for trucks, buses and trailers equipped with air brake systems. The purpose of the standard is to insure safe braking performance of vehicle under n ormal and emergency conditions.

While Standard No. 121 does not require manufacturers to use spring brakes or any other particular type of brake system, many manufacturers use spring brakes to comply with the standard's requirements concerning parking brake performance (truck, buses an d trailers; see S5.6), emergency brake performance (trucks and buses only; see S5.7), and trailer pneumatic system failure performance (see S5.8). I note that while the requirements of S5.65 and S5.8 apply to most air-braked trailers, S3 of Standard No. 121 excludes some trailers from all of the standard's requirements. In addition, S5.6 and S5.8 specify alternative requirements for some trailers.

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: nht94-6.13

DATE: April 25, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ken Simons -- Esq.

TITLE: None

ATTACHMT: Attached to letter dated 6/25/93 from Kenneth P. Simons to Department of Transportation, Trucking Division (OCC-8877)

TEXT:

This responds to your letter asking about brake requirements for trailers used in tractor trailer combinations. I apologize for the delay in our response. You asked whether all such trailers are required to be equipped with "maxi" brakes on one or both axles. You state that a "maxi" brake is found on all road tractors and "sets the brakes automatically when the air pressure gets down to a minimum level." Please note that the term "maxi" brakes ordinarily refers to spring brakes used in parking and emergency brake applications. I further note that most, but not all, trailers are equipped with spring brakes. I am pleased to have this opportunity to explain our requirements.

By way of background information, under the National Traffic and Motor Vehicle Safety Act ("Safety Act," 15 U.S.C. S1392), the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA does not approve vehicles or equipment. Instead, manufacturers are required to certify that their vehicles or equipment meet all applicable standards.

Standard No. 121, Air Brake Systems (49 CFR S571.121, copy enclosed), specifies performance requirements for trucks, buses and trailers equipped with air brake systems. The purpose of the standard is to insure safe braking performance of vehicle under normal and emergency conditions.

While Standard No. 121 does not require manufacturers to use spring brakes or any other particular type of brake system, many manufacturers use spring brakes to comply with the standard's requirements concerning parking brake performance (truck, buses and trailers; see S5.6), emergency brake performance (trucks and buses only; see S5.7), and trailer pneumatic system failure performance (see S5.8). I note that while the requirements of S5.65 and S5.8 apply to most air-braked trailers, S3 of Standard No. 121 excludes some trailers from all of the standard's requirements. In addition, S5.6 and S5.8 specify alternative requirements for some trailers.

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.