ID: nht95-5.1

TYPE: INTERPRETATION-NHTSA

DATE: December 11, 1995

FROM: Samuel J. Dubbin -- Chief Counsel, NHTSA

TO: Carrie Stabile

TITLE: NONE

ATTACHMT: 8/29/95 letter from Carrie Stabile and James V. Stabile III to NHTSA Office of Chief Council

TEXT: This responds to the letter from you and your brother James Stabile regarding a "Vehicle Illuminated Warning System" that you wish to market for school buses. You have asked for its "review with regards to Vehicle Safety Standards."

While your cover letter did not describe your Warning System in detail, it appears from your enclosed sketches that the system consists of panels centered in the front and rear headers through which the bus operator may provide certain illuminated messag es to other drivers. These are "School Bus" (in green), "Slow Down" (yellow), and "Do Not Pass" (red).

You indicated to Dee Fujita of my staff that you might design the system such that the messages are automatically activated in certain circumstances. You are considering designing the system such that the "School Bus" message would be illuminated while the vehicle is moving, "Slow Down" would show when the school bus driver brakes, and "Do Not Pass" when the vehicle's red lamps are activated. The message board is rimmed by small yellow and red lamps. The small yellow lamps would flash with the Slow Do wn message and the small red lamps would flash with "Do Not Pass."

The short answer is there is no Federal motor vehicle safety standard (FMVSS) that specifies requirements for your Warning System. However, as explained below, your system is regarded as supplementary lighting equipment, which subjects it to certain req uirements. Further, the States have the authority to regulate the use of school buses, including how the vehicles are identified. Thus, States might have requirements affecting whether your message board is permitted on school buses operating in each ju risdiction.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized by Congress (49 U.S.C. Chapter 301) to issue FMVSSs that set performance requirements for new motor vehicles and new items of equipment. n1 NHTSA has used this authority to issue Standard No. 108, Lamps, Reflective Devices and Associated Equipment. NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, our statute establishes a "self-certification " process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on our understanding of the information you provided.

n1 NHTSA also has the authority to investigate safety-related defects. Manufacturers of motor vehicles and items of motor vehicle equipment (such as your Warning System) must ensure that their products are free of safety-related defects.

To answer your letter, we will first discuss the Federal lighting requirements that apply to your system generally. Following that, we will discuss specific issues about your system.

General lighting requirements

In addition to the lighting equipment required for ordinary buses, paragraph S4.1.4 of Standard No. 108 requires school buses to be equipped with a system of four red signal lamps, or four red and four amber signal lamps, designed to conform to SAE Stand ard J887 School Bus Red Signal Lamps, July 1964, and installed at the top and evenly spaced from the vertical centerline of the bus. These lamps must flash alternately at a rate of 60-120 cycles per minute. All other required lighting equipment, except for turn signals and hazard warning signals, must be steady-burning.

Supplementary lighting equipment is permissible under the following conditions. If your Warning System is to be installed by a manufacturer or dealer before the first sale and delivery of the school bus, the Warning System must not impair the effectivene ss of the lighting equipment required by Standard No. 108 including the signal system mentioned above, that is to say, it cannot replace required equipment, or modify its performance or detract from the "message" that the required lamp is intended to imp art. Manufacturers of motor vehicles are required to affix a certification to the vehicle that it complies with all applicable Federal motor vehicle safety standards, and the determination of impairment is to be made by the manufacturer at that time. A dealer installing the Warning System is regarded as an alterer, and required to affix its own certification that the vehicle as altered continues to conform; at that point, the dealer installing the system would make its determination that impairment di d not exist. NHTSA will not contest a determination unless it is clearly erroneous.

If the Warning System is to be installed on school buses already delivered and in use, there is no Federal requirement that the person adding the equipment certify the vehicle. However, there is a similar obligation to ensure continuing compliance. If the person is a manufacturer, dealer, distributor, or motor vehicle repair business, under a statute that we administer, that person must ensure that installation and use of the Warning System will not "make inoperative" any of the required lighting equi pment including the school bus signal lamp system. We regard "making inoperative" in this context the equivalent of "impairment" discussed in the previous paragraph.

The statute permits an exception to the above: modifications of any nature made by the school bus owner itself in its own repair facilities are not prohibited by our statute.

Specific issues concerning "impairment"

As noted above, the Warning System may be installed on new school buses if it does not impair the effectiveness of the lighting equipment required by Standard No. 108. "Impairment" can occur in different ways. One way could be by interfering with the p erformance of required lamp system, including the required school bus warning lamps or the brake warning lamps. The following are examples of interference: * Your system could not replace the identification lamps required by Standard No. 108.

* It must not cause the yellow-red warning system to flash sequentially, rather than alternately as required by the standard.

* The Warning System must not cause the flashing of lights that must be steady-burning (e.g., the stop and taillamps, which, under Standard No. 108, must be steady-burning at all times). Your system appears to have a deceleration warning system operatin g through either original equipment lamps or supplementary ones. The lamps for the system must be steady-burning, and cannot flash. For the same reason, the little lights around the message board must not flash with the "Slow Down" and "Do Not Pass" me ssages.

"Impairment" can also occur when an operator is distracted from the driving task, even momentarily. For this reason, we have discouraged the concept of message boards over the years. However, this is the first time we have been asked to consider it in the context of school bus lighting. We find that there are considerations that are relevant to the operation of school buses, that do not apply to other vehicles. A driver behind a school bus, or approaching from an opposite direction, is more likely t o be cautious because of the awareness of the importance of child safety and the penalties involved in infractions of traffic laws relating to school buses. There is less possibility of impairment existing with advisories relating directly to the action s other drivers are presumably anticipating when in the vicinity of a school bus. With this in mind, we believe your message board, which sends only three messages -- an identification of the vehicle as "School Bus" and advisories of "Slow Down" and "Do Not Pass" -- generally would be permitted under Standard No. 108.

There are a number of specific features about your message board, however, that could distract a driver, and thus constitute "impairment." These are as follows:

* Your sketch indicates that the lamps used for the "School Bus" message would be green. Standard No. 108 restricts the color of required exterior lights to red, amber, and white, the former two of which are associated with caution. Green is not used as an exterior lighting color because it is the recognized signal to proceed rather than to warn. We believe that use of the color green has the potential to create a measure of confusion rather than caution, thereby affecting the effectiveness of the man datory lighting equipment.

* Another feature that could distract a driver is the message "Slow Down," which automatically illuminates anytime the school bus driver brakes. We believe this could be confusing to drivers in other lanes and oncoming vehicles, since it may lead some d rivers to believe the school bus is preparing to stop, when the bus is not. A less confusing feature would be if the Slow Down message is illuminated only when the amber school bus warning lamps flash, and not each time the driver brakes.

State requirements Because your Warning System is not a Federally required item of lighting equipment, its use is also subject to regulation under the laws of the States in which it may be used. Each State regulates the use of school buses in its highway safety programs, setting requirements for pupil transportation safety, including the identification of school buses. NHTSA has issued a number of Highway Safety Program Guidelines for States to use in establishing their highway safety programs. Guideline No. 17, "Pupil Transportation Safety" (copy enclosed) has recommendation that might affect your message board, if the State has decided to adopt the recommendation as State law. The Guideline recommends that school buses should, among other things,

Be identified with the words "School Bus" printed in letters not less than eight inches high, located between the warning signal lamps as high as possible without impairing visibility of the lettering from both front and rear, and have no other lettering on the front or rear of the vehicle, except as required by Federal Motor Vehicle Safety Standards (FMVSS), 49 CFR part 571. (Section IV.B.1.a.)

Depending on the requirements a State has adopted for identifying school buses, the State might limit how your message board displays the words "School Bus," and the "Slow Down" and "Do Not Pass" messages. If you have questions about State law requireme nts, we suggest you consult the American Association of Motor Vehicle Administrators for an opinion. Its address is 4600 Wilson Boulevard, Arlington, Va. 22203.

We appreciate the interest that you and your brother have shown in improving the safety of school children. If you have any further questions, you may call Dee Fujita (202-366-2992) or Taylor Vinson of this office (202-366-5263).

ID: nht95-5.10

TYPE: INTERPRETATION-NHTSA

DATE: December 22, 1995

FROM: Samuel J. Dubbin -- Chief Counsel, NHTSA

TO: Richard L. Russell

TITLE: NONE

ATTACHMT: 11/15/95 letter from Rick Russell to Blane Laubis

TEXT: This responds to your FAX of November 15, 1995, to Blane Laubis of this agency, asking for an interpretation of Federal lighting regulations as they may affect your plans to modify your 1956 Jeep.

You wish to add two additional auxiliary lights to supplement your upper beams, and you ask whether these lights are "required to be DOT approved." The answer is no; the DOT regulation on motor vehicle lighting (Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment does not prescribe requirements for lamps intended to supplement the headlamps, and thus the lamps of which you speak do not have to be certified as meeting Standard No. 108. As a matter of informa tion, your use of the words "DOT approved" reflects a common misconception. We have no authority to approve or disapprove lighting equipment. Under our statute, a lighting (or vehicle) manufacturer is required to certify that its equipment (or vehicle) meets Standard No. 108 (if it is replacement equipment included in the standard), and the use of the DOT symbol on the item is the most frequently used method of certification. This means that the "DOT approved" headlamps on your 1956 Jeep are probably replacement sealed beams with DOT markings on them.

You ask whether there is any limitation to bulb wattage for auxiliary lamps used to supplement the headlamps when used on the upper beam. There is no wattage limitation; however, if auxiliary lamps were installed by the dealer on a new vehicle before it s first sale, we would regard the vehicle manufacturer's certification as negated if the brightness and location of the auxiliary lamps were such as to affect an oncoming driver's ability to perceive the front turn signals.

Although your Jeep was manufactured long before the effective date of Standard No. 108 (January 1, 1969), we ask you to consider this safety concern when adding auxiliary lamps. We do not know the local laws on this subject, and recommend that you seek advice from the Department of California Highway Patrol.

If you have any further questions, Taylor Vinson of this Office will answer them for you (phone 202-366-5263).

ID: nht95-5.11

TYPE: INTERPRETATION-NHTSA

DATE: December 22, 1995

FROM: Samuel J. Dubbin -- Chief Counsel, NHTSA

TO: David T. Zelis -- Marketing Manager, Buyers Products Company

TITLE: NONE

ATTACHMT: 11/13/95 letter from David T. Zelis to Office of Chief Counsel, NHTSA

TEXT: This is in response to your letter of November 13, 1995, forwarding literature concerning The Pintle Mount Bumper, which you describe as a new product being offered by your company that is designed to take the place of a vehicle bumper and the receiv er tube assembly on a light duty truck. In a telephone conversation with Coleman Sachs of my staff on November 22, 1995, you described this bumper as an aftermarket product that will not be supplied as original equipment on new motor vehicles. You have requested copies of any standards issued by the National Highway Traffic Safety Administration (NHTSA) that may apply to the use or manufacture of this product.

NHTSA has issued Federal motor vehicle safety standards, found at 49 CFR Part 571, and a Bumper Standard, found at 49 CFR Part 581. None of these standards apply to the product that is the subject of your inquiry.

The Bumper Standard applies only to vehicles and not to bumpers sold as items of replacement equipment. Moreover, as stated in 49 CFR 581.3, the only vehicles to which the Bumper Standard applies are "passenger motor vehicles other than multipurpose pas senger vehicles." The term "passenger motor vehicle" is defined for purposes of the Bumper Standard at 49 U.S.C. @ 32101 (10) as

a motor vehicle with motive power designed to carry not more than 12 individuals, but does not include- (A) a motorcycle; or (B) a truck not designed primarily to carry its operator or passengers.

Because the light duty pickup trucks for which your product is designed do not fall within this definition, the Bumper Standard does not apply to those vehicles.

The Federal motor vehicle safety standards (FMVSS) apply only to new motor vehicles and items of replacement equipment. Because your bumper is only being sold as aftermarket equipment, it could not affect the compliance of new motor vehicles with the FM VSS. Moreover, there are no FMVSS that would apply to your bumper as a replacement equipment item.

Under 49 U.S.C. @ 30122(b), a motor vehicle manufacturer, distributor, dealer, or repair business is prohibited from "knowingly mak[ing] inoperative any part of a device or element of design installed on or in a motor vehicle . . . in compliance with an applicable motor vehicle safety standard . . ." This provision would be violated if any of the entities to which it refers installed your bumper on a vehicle and, as a result of that installation, the vehicle no longer complied with any applicable FMVSS. For example, the installation of an aftermarket bumper could affect a vehicle's compliance with FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment, if the bumper obscured any lights or other equipment required by the standard.

Because your bumper is sold as "an addition to a motor vehicle," it meets the definition of "motor vehicle equipment" in 49 U.S.C. @ 30102(a)(7)(c). As the manufacturer of such equipment, you are responsible under 49 U.S.C. @ 30118 for furnishing NHTSA and anyone purchasing your bumper with notification of, and a remedy for, any defect relating to motor vehicle safety that is determined to exist in the bumper.

If you have any further questions regarding this matter, feel free to contact Coleman Sachs of my staff at the above address, or by telephone at (202) 366-5238.

ID: nht95-5.12

TYPE: INTERPRETATION-NHTSA

DATE: December 26, 1995

FROM: Samuel J. Dubbin -- Chief Counsel, NHTSA; Signature by John Womack

TO: Jane Thornton Mastrucci, Esq. -- Thornton, Mastrucci & Sinclair

TITLE: NONE

ATTACHMT: 11/08/95 letter from Jane Thornton Mastrucci to John Womack

TEXT: This responds to your request for an interpretation as to which passenger vehicles and which multipurpose passenger vehicles (MPVs) meet the Federal Motor Vehicle Safety Standards (FMVSSs). You ask this since Florida law allows transportation of pupils in MPVs that meet "all federal motor vehicle safety standards for passenger cars." As explained below, in recent years many of the FMVSSs have been amended to have the same requirements for passenger cars and MPVs. However where differences exist, the o nly way your client, Dade County School Board, will be able to determine that a specific MPV meets the FMVSSs applicable to passenger cars would be to contact the vehicle's manufacturer.

NHTSA is authorized under 49 U.S.C. Chapter 301 Motor Vehicle Safety to issue FMVSSs for new motor vehicles and new items of motor vehicle equipment. The FMVSSs are codified at Title 49 of the Code of Federal Regulations (CFR), Part 571. There are pres ently 53 FMVSSs. Each FMVSS's applicability section specifies the motor vehicles and/or equipment to which it applies.

Under 49 U.S.C. section 30112, a person may not manufacture or sell any motor vehicle unless the vehicle meets all applicable FMVSSs and is so certified. Section 30115 establishes a self-certification system whereby the vehicle manufacturer is responsibl e for certifying that the vehicle meets the safety requirements in the standards applicable to the vehicle. In the certification, the manufacturer must specify the vehicle type (e.g., passenger car, MPV, truck, bus) of the vehicle. Each vehicle type's definition is found at 49 CFR Part 571.3 Definitions. Thus, a new passenger car sold in the U.S. must be certified by the manufacturer as meeting the FMVSSs applicable to passenger cars, and a new MPV must be certified as meeting the standards applicable to MPVs.

In recent years, many FMVSSs have been amended to specify the same requirements for passenger cars and MPVs. For example, for model year 1998 vehicles, Standard No. 208, Occupant crash protection will specify identical requirements for passenger cars an d MPVs. For Standard No. 214, Side impact protection, in July 1995, NHTSA issued a final rule in which MPVs manufactured after September 1, 1998 would be required to meet the same dynamic testing requirements as passenger cars.

However, some safety standards that apply to both passenger cars and MPVs do not specify identical requirements for each vehicle type. For example, Standard No. 103 Windshield defrosting and defogging systems applies to passenger cars and MPVs, but spec ifies different requirements for each vehicle type.

There is no easy way to determine whether a particular MPV meets the passenger car safety standards. Because of differences in FMVSS requirements for passenger cars and MPVs, for information whether a particular MPV meets the passenger car standards, yo u should contact the MPV's manufacturer. Please note that for some safety standards such as Standard No. 208, a manufacturer may have phased-in the compliance of its MPVs with the safety standard over several years. Therefore, some MPVs manufactured in a particular year may meet the newer standard but other MPVs may not. For information about whether a specific MPV meets the passenger car standards, the manufacturer should be provided with the MPV's seventeen digit vehicle identification number (VIN) , which can be found on the vehicle's certification label on the hinge pillar, the door-latch post, or the door edge that meets the door-latch post, next to the driver's seating position.

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

ID: nht95-5.13

TYPE: INTERPRETATION-NHTSA

DATE: December 28, 1995

FROM: Samuel J. Dubbin -- Chief Counsel, NHTSA

TO: Jeffrey S. Bakst, Esq -- Attorney at Law

TITLE: NONE

ATTACHMT: 12/6/95 letter from Jeffrey S. Bakst to Dorothy Nakama (occ 11412)

TEXT: This responds to your request for the views of the National Highway Traffic Safety Administration (NHTSA) on two questions related to litigation in which you are currently involved, that refer to Federal Motor Vehicle Safety Standard No. 124, Accelerator control systems. The two questions and our responses are set out below.

You advise us that you are "dealing with a 1988 Dodge Ram 50 truck manufactured by Mitsubishi in Japan, sold in July, 1988." You informed Dorothy Nakama of my staff that in December 1990, your client was injured while driving the Dodge Ram truck. You fu rther informed Ms. Nakama that our October 26, 1995 interpretation letter to Hugh Bode, Esq. addressed Mr. Bode's questions stemming from the same accident and lawsuit as yours.

Question 1. If the manufacturer discovers a safety-related problem after the vehicle has been sold to the first purchaser in good faith, does the manufacturer have a legal duty to notify NHTSA and/or the purchaser of this problem? If yes, what must a ma nufacturer do for the purchaser?

The answer to the first part of this question is yes. Pursuant to 49 U.S.C. @ 30118(c):

A manufacturer of a motor vehicle . . . shall notify [NHTSA] by certified mail, and the owners purchasers, and dealers of the vehicle . . . if the manufacturer --

(1) learns the vehicle contains a defect and decides in good faith that the defect is related to motor vehicle safety . . .

Under 49 U.S.C. @ 30120, where such notification is required, the manufacturer "shall remedy the defect . . . without charge when the vehicle is presented for remedy." The vehicle manufacturer may choose to remedy the defect by repairing the vehicle, rep lacing it with an identical or reasonably equivalent vehicle, or refunding the purchase price, less a reasonable allowance for depreciation. The requirement that the remedy be provided without charge does not apply if the vehicle was bought by the first purchaser more than eight years prior to the manufacturer's defect determination.

Question 2. Assume there is a safety-related defect in a brand new carburetor that results in engine overspeed. If the "two sources of energy" are not sufficient to return the throttle to idle position when the driver removes the actuating force from th e accelerator control in use, does the carburetor fail to comply with FMVSS 124?

The relevant portion of FMVSS No. 124 (S5.1) provides as follows:

There shall be at least two sources of energy capable of returning the throttle to the idle position within the time limit specified by S5.3 from any accelerator position or speed whenever the driver removes the opposing actuating force. In the event of failure of one source of energy by a single severance or disconnection, the throttle shall return to the idle position within the time limits specified by S5.3, from any accelerator position or speed whenever the driver removes the opposing actuating fo rce.

Under the standard, with either energy source severed or disconnected, the standard requires that the remaining energy source return the throttle to the idle position within the specified time from any accelerator position or speed whenever the driver re moves the opposing actuating force.

NHTSA's Office of Vehicle Safety Compliance, (at (202) 366-2832), is the office within NHTSA which has the authority to investigate whether there is a noncompliance with the Federal Motor Vehicle Safety Standards. We are not in a position to render an o pinion as to whether the facts you describe indicate the existence of a safety-related defect.

For your information, I am enclosing a copy of our October 26, 1995 letter to Hugh J. Bode, Esq. If you have any further questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

ID: 8840

Mr. Ray M. Miyamoto
Apt. B-407
95-2055 Waikalani Pl.
Mililani, HI 96789

Dear Mr. Miyamoto:

This responds to your letter on June 19, 1993, requesting permission to retrofit older cars with air bags. I am pleased to have this opportunity to explain our laws and regulations to you.

The National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) authorizes this agency to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA has exercised this authority to issue Standard No. 208, Occupant Crash Protection (49 CFR 571.208). Among other things, Standard No. 208 requires that cars be equipped with automatic crash protection. Light trucks will also be required to provide automatic crash protection, beginning with the 1995 model year. "Automatic crash protection" means that a vehicle is equipped with occupant restraints that require no action by vehicle occupants. The performance of automatic crash protection is dynamically tested, that is, the automatic systems are required to comply with certain injury reduction criteria as measured by test dummies in a barrier crash test at speeds up to 30 mph. The two types of automatic crash protection currently offered are automatic safety belts (which help to assure belt use) and air bags (which supplement safety belts and offer some protection even when safety belts are not used.) A new Federal statutory requirement will make air bags mandatory in all new cars and light trucks by the late 1990's.

After the first purchase of a vehicle, the only provision in Federal law that affects a vehicle's continuing compliance with an applicable safety standard is set forth in section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section provides:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.

This "render inoperative" provision would prohibit you, as a commercial repair business, from installing an aftermarket air bag in a manner that would negatively affect the vehicle's compliance with any applicable safety standard. This provision does not require you to ensure that the vehicle would have complied with Standard No. 208 if the air bag had been installed in the vehicle as original equipment, it only requires you to ensure that the installation does not "render inoperative" any of the devices or design elements which were installed as original equipment. You do not need to receive permission from NHTSA prior to opening your business, however, any violations of the "render inoperative" prohibition would subject you to a potential civil penalty of up to $1,000 for each violation. In addition, you may wish to consult state law concerning liability if you retrofit vehicles with air bags.

Given the safety benefits that air bags are now providing, we understand that many persons desire that air bags be made available to be retrofitted in vehicles which were not originally equipped with this life-saving device. However, this concept poses enormous engineering challenges. New car manufacturers design air bag systems for the car in which it is installed. In designing the air bag system, air bag size, shape, venting and inflator gas generation characteristics are predicated on the specific car interior, taking into consideration such factors as the seats, steering column crush stroke force resistance, gage array and location on instrument panel, location and nature of knee bolsters, and compartment acceleration responses in frontal crashes.

It is highly unlikely that a retrofit system for older cars can be devised that could provide the safety and functional characteristics of current new car systems which are integrated into car design from inception. Moreover, unless an air bag system was designed in light of the specific characteristics of the vehicle for which it was intended, it is possible that the air bag might not provide any safety benefits in a crash, or even create a safety problem (e.g., if it activated under inappropriate circumstances). I am enclosing a copy of an article from the April 29, 1993, Washington Post which also discusses the difficulties in installing air bags in used cars.

NHTSA is aware, however, that at least one major air bag manufacturer, Breed Automotive, is attempting to develop retrofit air bag systems for certain popular cars, trucks, and vans which were produced without driver air bags in the last few years. If you desire further information about this program at that company, Mr. William Textores (201) 299-6500 may be willing to provide you with such information. I must emphasize, however, that NHTSA does not endorse any commercial products.

I have also enclosed an information sheet that identifies relevant Federal statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers, and explains how to obtain copies of these materials.

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

Sincerely,

John Womack Acting Chief Counsel

Enclosures

ref:208 d:7/29/93

ID: 8864

Mr. Zaher A. Obeid
President & CEO
Petrobeid of Syria
P.O. Box 3780
Damascus, Syria

Dear Mr. Obeid:

We have received your FAX of July 14, 1993, asking for comments on the "Zatalite" which you would like to sell in the United States in the near future.

The Zatalite is a message board intended to be installed in the rear window of motor vehicles. We have been asked before about this kind of device, and I enclose a copy of our letter of August 17, 1989, to Alan S. Eldahr explaining the circumstances under which installation of an electronic message board is and is not permissible under U.S. Federal law.

Your Figure 3(c) shows the Zatalite controls built into a steering wheel. We believe that you should review this method of installation to ensure that it does not affect compliance of vehicles equipped with airbags (installed in accordance with Federal Motor Vehicle Safety Standard No. 208), or, if the vehicle has no airbag, with Standard No. 203 (requirements intended to protect the driver in an impact with the steering control system).

I hope that this information is useful.

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:VSA#108

ID: 8866

Mr. Charles D. Shipley
Director
Ohio Department of Public Safety
P.O. Box 7167
Columbus, OH 43266-0563

Dear Mr. Shipley:

Thank you for your letter of July 6, 1993, informing us of the views of your Department with respect to the legality under Ohio law of underbody-mounted neon lighting on motor vehicles.

You have asked for information and guidance in addressing the possible hazards and confusion presented by this aftermarket equipment. I am afraid that there is little we can do to help you. The agency has not made a study of possible safety hazards from this relatively new item of motor vehicle equipment, and yours is, perhaps, only the third letter this Office has received on the subject. I enclose a copy of our letter of April 21, 1992, to Allan Schwartz who inquired about such a system.

You have also asked for information on applicable Federal regulations. There is no Federal prohibition on the manufacture and sale of underbody neon lights. This appears to be an aftermarket system which is purchased and installed on vehicles in use. We have advised that, under these circumstances and under Federal law, there is no prohibition against owner-installation of underbody neon lights, and that use of such equipment is determinable under the laws of any State where a vehicle so equipped is operated. As we do not interpret State laws, we have referred our correspondents to the American Association of Motor Vehicle Administrators (AAMVA) for further information.

Installation of aftermarket underbody neon lighting by any manufacturer, distributor, dealer, or motor vehicle repair business is not prohibited under Federal law as long as it does not "knowingly render inoperative, in whole or in part, any device or element of design installed in or on a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard . . . ." (l5 U.S.C. 1397(a)(2)(A)). If it could be demonstrated that use of the neon lighting impairs the effectiveness of lighting equipment installed in accordance with Federal Motor Vehicle Safety Standard No. 108 then arguably the lighting equipment has been rendered partially inoperative and a violation of the prohibition may have occurred.

Your letter is the first expression we have had of possible conflict of underbody neon lighting with State laws and of potential safety issues related to this equipment. As such, it will assist us in replying to future inquiries on this subject. Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:18#108 d:7/29/93

ID: 8867

Harold R. Burke, Esq.
Duel and Holland
289 Greenwich Avenue
Greenwich, CT 06830-6595

Re: Importation of Type M-151 Military Vehicle

Dear Mr. Burke:

We have received your letter of July 8, 1993, asking several questions about the motor vehicle importation regulations as they apply to M-151 military vehicles. I apologize for the delay in our response. Your client wishes to import for resale in the U.S. approximately 8,000 such vehicles built in the U.S. between 1973-75, and which, according to you, have never been used.

Before I answer your questions, you should know that it has been the policy of the Department of Defense (DOD) for at least two decades to section and scrap M-151s at the end of their useful military life rather than to sell them for civilian use or allow further use by other government agencies. This policy, which was developed with the participation and support of this agency, is based on the tendency of the M-151 to turn over during quick turning maneuvers or when driven by unskilled operators. DOD has followed this policy consistently, notwithstanding the economic benefits that would accrue to the government were the vehicles allowed to be sold to the public or to be operated by other Federal agencies, such as the U.S. Park Service, in non- military applications. The unvarying applicability of this policy highlights the safety concern of two Federal Departments for civilian use of the M-151, and we believe that your client should be aware of the potential liability that sale to the public would entail.

Your client should also be aware that, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.), (the Act), any person importing motor vehicles for resale is considered the "manufacturer" of these vehicles, and would have the same responsibility as the original manufacturer to notify owners and remedy safety related defects in the event they occurred in the M-151. (15 U.S.C. 1391(5)). For example, the agency has the authority to determine that a tendency to overturn is a defect in performance, a safety related defect which would require the importer for resale to notify and remedy in accordance with statutory requirements (l5 U.S.C. 1411 et seq.)

You have asked the following three questions:

"1. As U.S. origin vehicles which have been outside this country since 1975 are they now classified as 'foreign' vehicles which are subject to current D.O.T. and E.P.A. safety and emissions criteria?"

The National Highway Traffic Safety Administration does not classify motor vehicles as "domestic" and "foreign." Any motor vehicle, whether manufactured in the U.S. or elsewhere, must conform to all applicable Federal motor vehicle safety standards (FMVSS) in order to be sold in the U.S. The FMVSS that apply to a motor vehicle to be imported into the U.S. are those that were in effect at the time the vehicle was manufactured, not those in effect at the time of its importation. We are unable to advise you on the regulations of the Environmental Protection Agency as it is an agency independent of the Department of Transportation.

In order to be imported into the U.S., a motor vehicle must conform with (or be brought into conformity with) any applicable FMVSS. Although the M-151 is a "motor vehicle" under the Act, from the beginning the agency on its own volition has excluded motor vehicles manufactured for and sold directly to the Armed Forces of the United States in conformity with contractual specifications from compliance with the FMVSS (49 CFR 571.7(a)), though retaining jurisdiction over them for safety defect notification and remedy campaigns. This means that the M-151 was not designed to comply with FMVSS at the time of its manufacture.

For importers of an M-151 other than the Armed Forces of the United States, the importer would be required, as a condition of importation, to bring the M-151 into compliance with the FMVSS that applied at the time of its manufacture. However, because of the restrictions imposed by the Imported Vehicle Safety Compliance Act of 1988 (PL 100-562), it is no longer simple to import nonconforming motor vehicles to which the FMVSS apply. Under this recent legislation, the agency must make a formal determination, either pursuant to a petition or on its own motion, that the vehicles are capable of conversion to meet the FMVSS. Following this, a vehicle may be imported by its owner, only if the owner has a contract with a "registered importer" (one whom the agency has recognized as a converter) to convert the vehicles, or if the importer itself is a registered importer. However, nonconforming vehicles which are imported for resale can only be imported by a registered importer. We would require any prospective civilian importer of an M-151 manufactured in 1973-75 to demonstrate that the vehicle is capable of conversion to comply with the FMVSS that applied to multipurpose passenger vehicles during that period. A bond equal to 150% of the value of the vehicle as determined by the U.S. Customs Service must also be posted during the conversion process.

"2. If they are not considered 'foreign' vehicles what, if any, D.O.T. regulations would apply to the registration of such vehicles for use on U.S. roads?"

"3. If they are considered 'foreign' vehicles . . . ."

There are no Federal registration requirements for vehicles sold to persons other than Federal agencies. State regulations apply. We are not conversant with State registration laws, and refer inquirers for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

Sincerely,

John Womack Acting Chief Counsel

ref:591 d:3/17/94

ID: 8868

Mr. Tom Delapp
Executive Coach Builders, Inc.
One Executive Boulevard
Springfield, MO 65802

Dear Mr. Delapp:

This responds to your letter requesting an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 206, "Door locks and door retention components," as it pertains to the locking mechanism of a so-called "5th" door installed on your limousines. I apologize for the delay in responding. We conclude that the locking mechanism on the 5th door is not prohibited by Standard 206.

Based on your letter and a conversation with David Elias of my office, I understand that you have replaced the extra panel on the right side of a 1993 Lincoln Town Car based limousine with a passenger door (i.e., the 5th door). The door consists completely of the original equipment manufacturer's materials and hinges. The 5th door is a supplementary door, and does not replace or effect in any way the two side rear doors with which your vehicles are normally equipped.

When the 5th door is closed, its locking mechanism engages automatically, and the door cannot be opened from the inside or the outside. A solenoid locking mechanism that unlocks the 5th door is located inside the vehicle in a "privacy panel" behind the driver's seat. For the driver to unlock the 5th door, the car must be stopped and the driver must then get out of the car and reach through a window into the area behind the driver's seat. The locking mechanism cannot be reached by the driver while seated in the driver's seat, and cannot be reached by the passengers in the rear seats. The 5th door cannot be accidentally opened; unless the locking mechanism has been actively disengaged, the door remains locked. Disengaging the locking mechanism for the 5th door allows the driver to open the door from the outside, although passengers could push the door open from the inside, as well.

There are two pertinent requirements of FMVSS No. 206 to your situation. First, S4.1.3 (Door Locks) states that:

Each door shall be equipped with a locking mechanism with an operating means in the interior of the vehicle.

In two prior letters, to Mr. Charles Murphy on May 10, 1974, and to Mr. Gary Hackett on April 11, 1988, the agency interpreted S4.1.3 to mean that the locking mechanism must also be operable from within the vehicle.

The first question to be addressed is whether the 5th door meets the requirement of S4.1.3. We believe the answer is yes, the door is equipped with a locking mechanism with an operating means in the interior of the vehicle that is operable from within the vehicle. The operating means for the locking mechanism is in the interior of the vehicle in that the locking mechanism engages automatically when the 5th door is closed. While the means to disengage the operating mechanism is not accessible to occupants in the vehicle, Standard 206 does not require the locking mechanism to be capable of being disengaged by an occupant. This is because the purpose of the standard is to minimize the chance that occupants of the vehicle will be ejected in a collision. Thus, the thrust of the standard is to ensure that occupants are retained within the vehicle, such as by requiring doors to have door locks that occupants are capable of locking.

The second pertinent requirement is S4.1.3.2 (Side Rear Door Locks), which states that:

... when the locking mechanism is engaged both the outside and inside door handles or other latch release controls shall be inoperative.

The 5th door appears to comply with S4.1.3.2, in that it cannot be opened from the outside or inside when the locking mechanism is engaged.

In a letter to Ms. C.D. Black, dated April 10, 1987, the agency interpreted a question on child safety locks that is relevant to your situation. The child safety lock operated as a "secondary locking system" that, when activated, rendered the inside rear door handle incapable of opening the door. (It had no effect on the outside door handle.) As we stated in that letter, our conclusion was that Standard 206 permitted the child safety lock because the standard prohibits only secondary locking systems that interfere with the engagement, but not with the disengagement, of the primary locking system. In that letter, we wrote:

The answer to your question about the child locking systems is dependent on whether the systems interfere with an aspect of performance required by Standard No. 206. We have determined that the answer is no, because the requirements of... S4.1.3.2 are written in terms of what must occur when the primary system is engaged and impose no requirements regarding the effects of disengaging the system. Thus, the aspect of performance required by S4.1.3 for the interior operating means for the door locks is that it be capable only of engaging the required door locking mechanisms. The aspect of performance required by S4.1.3.2 for door locks on the rear doors is that the inside and outside door handles be inoperative when the locking mechanism is engaged. Since we have determined that... S4.1.3.2 do[es] not address the effects of disengaging the required door locks--i.e., S4.1.3.2 does not require that the inside rear door handles be operative (capable of releasing the door latch) when the required locking system is disengaged--a child locking system may be provided on a vehicle if it does not negate the capability of the door lock plunger (the operating means) to engage the door locks.

I hope this information has been helpful. If you have any further questions, feel free to contact Mr. Elias at the above address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:206 d:3/29/94