ID: nht68-1.39

DATE: 02/20/68

FROM: H. S. BEAGLE -- ELECTRICAL TESTING LABORATORIES, INC.

TO: EDWIN L. SLAGLE -- NATIONAL HIGHWAY SAFETY BUREAU FEDERAL HIGHWAY ADMINISTRATION DEPARTMENT OF TRANSPORTATION

COPYEE: J. R. SCHAEFFER -- ETL; A. R. CHICK -- ETL

TITLE: MOTOR VEHICLE SAFETY STANDARD NO. 205 -GLAZING MATERIALS

REF.1: ELECTRICALLY HEATED SAFETY GLASS FOR DEFOGGING

REF.2: TEST PROCEDURE PER USA STANDARD 226.1-1966

ATTACHMT: LETTER DATED 2/21/68 FROM EDWIN L. SLAGLE OF D.O.T. NATIONAL HIGHWAY SAFETY BUREAU TO H. S. BEAGLE OF ELECTRICAL TESTING LABORATORIES INC.

TEXT: The above subject reference No. 2 provides, in part, that safety glazing material be tested for regular (parallel) luminous transmittance (method unspecified), which value shall be not less than 70 per cent both before and after irradiation (ultraviolet are exposure). The word "parallel" means that the light beam used in making this measurement should be essentially collimated. This condition may be obtained by using a light source sufficiently distant from the test specimen that the rays are essentially parallel.

Our photometric laboratory has been performing this test satisfactorily for many years, using the apparatus shown in the attached photographs numbered 1 through 4, as follows:

Photo #1 - A general view, no glass in place, showing diaphragm plate and source of collimated beam above. Light source, positioned 48 inches above photo cell and shielded, is an incandescent monoplane tungsten-filament lamp calibrated for operation at the specified color temperature of 2854 degrees Kelvin.

#2 - Close up of diaphragm plate with 1-1/4-inch opening, positioned 3/4 inch above the color corrected photovoltaic cell. Cell is visible through diaphragm opening.

#3 - Set-up with glass specimen in place. Glass specimen shown has electrically conductive lines on one surface.

#4 - Close up of glass specimen on diaphragm plate.

In performing this measurement the test specimen is moved laterally across the diaphragm (aperture) to find and record the minimum transmittance value.

2

It is our belief that this test method is as suitable for evaluating the luminous transmittance of electrically heated safety glass as it is for the same glass not so treated. As a matter of fact, it has been so employed in the past with respect to imported glass of the electrically heated type.

However, to avoid possible future problems concerning the acceptability of our test method, we are submitting this matter for your consideration at this time. The urgency of it is related to the long loud time with respect to production of electrically heated safety glass to provide for defogging of rear windows in motor vehicles.

We therefore respectfully ask for your written approval of the test method, as herein described, as being acceptable for purposes of evaluating the luminous transmittance of electrically heated safety glass for compliance in this regard, with the requirements of MVSS No. 205.

The earliest possible response to this request would be most sincerely appreciated.

Sincerely yours,

Enclosure: photographs

ID: nht95-6.1

TYPE: INTERPRETATION-NHTSA

DATE: August 4, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Jim Burgess -- Engineering Manager, Independent Mobility Systems, Inc.

TITLE: NONE

ATTACHMT: ATTACHED TO 5/18/95 LETTER FROM JIM BURGESS TO WALTER MYERS (OCC 10931)

TEXT: Dear Mr. Burgess:

This responds to your letter of May 18, 1995 to this office and your telephone conversations with Walter Myers of my staff on June 14 and 27, 1995, concerning an exclusion in Federal Motor Vehicle Safety Standard (FMVSS) No. 206, Door locks and door retention components. The standard excludes from its requirements doors equipped with wheelchair lifts and either a visual or audible alarm system.

You state that your company converts minivans into wheelchair accessible vehicles by lowering the floor and adding a wheelchair ramp to the right rear side sliding door area, with an audible and/or visual alarm. The issue you raise is whether FMVSS No. 206's exclusion of wheelchair-equipped doors also excludes a ramp-equipped door. The answer is no.

FMVSS No. 206 requires that side doors leading directly into a compartment containing one or more seating positions must conform to the standard. However, paragraph S4 of the standard states:

Side doors equipped with wheelchair lifts and which are linked to an alarm system consisting of either a flashing visual signal located in the driver's compartment or an alarm audible to the driver which is activated when the door is open, need not conform to this standard.

FMVSS No. 206 was amended to add the wheelchair lift exception by final rule dated March 27, 1985 (50 FR 12029, copy enclosed). The agency's rationale was that when not in use, wheelchair lifts are stowed in a vertical position parallel to and in close proximity to the interior surface of the vehicle door, thus providing a barrier to occupant ejection if the door opened while the vehicle was in motion or in the event of a crash. The alarm requirement was intended to alert the driver to a door that was open on a vehicle that was in motion.

While the information you provided us showed that your wheelchair ramp is also stowed in a vertical position parallel to and in close proximity to the door and that you install audible and/or visual alarms for the driver, wheelchair lifts and wheelchair ramps are distinctly different components. Although they serve the same purpose and are similarly configured when in the stowed position, this agency cannot by interpretation say that "lift" includes "ramp." In order to amend the standard to exclude wheelchair ramps as well as lifts, rulemaking action would be required. You may petition this agency to do rulemaking, under 49 CFR Part 552 (copy enclosed). This agency will entertain your petition and decide whether a rulemaking proceeding is appropriate.

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

ID: 17693.drn

Mrs. June Becklin
397 Jesse James Lane
Mahtomedi, MN 55115

Dear Mrs. Becklin:

This responds to your request for an interpretation whether dealers may sell new multipurpose passenger vehicles (MPVs) or passenger cars that they know will be used to transport school children. As explained below, the National Highway Traffic Safety Administration (NHTSA) does not prohibit a dealer from selling a new MPV or car for such a purpose.

By way of background, NHTSA is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles, including school buses. Any person selling a new vehicle must sell a vehicle that meets all applicable standards. Under our regulations, a "bus" is a vehicle that has a seating capacity of 11 persons or more. A "school bus" is a "bus" that is sold for purposes that include carrying school children to or from school or related events (49 C.F.R. 571.3). Because any new "bus" that is sold for pupil transportation purposes is a "school bus," the school bus standards apply, and any person selling such a vehicle must ensure that the vehicle is certified as meeting our school bus standards.

We do not require, however, that only school buses can be sold for pupil transportation. Under our regulations, a van that seats fewer than 11 persons is an "MPV," which is defined in 571.3 as a motor vehicle "designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation." A passenger car is a motor vehicle "except a multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less" (49 CFR 571.3). An MPV or passenger car is a different type of vehicle than a bus or a school bus, and must meet safety standards that apply to their vehicle type. Dealers selling new MPVs and passenger cars must be sure to sell vehicles that have been certified to the applicable standards.

We do not have a policy either for or against the use of MPVs and cars for school transportation. These vehicles must meet safety standards that provide high levels of crash protection. NHTSA has issued Highway Safety Program Guideline No. 17, "Pupil Transportation Safety" (copy enclosed), that establishes minimum recommendations for State pupil transportation safety programs. To the extent that the guideline distinguishes between vehicles, it does so by distinguishing school buses from non-school buses. For instance, among the recommendations is

Paragraph IV.B.1.h., in which NHTSA recommends that all buses regularly used for pupil transportation should "[c]omply with all FMVSS applicable to school buses at the time of their manufacture." That is, if a bus is regularly used to transport pupils, it should be a school bus. The provision does not apply to MPVs and passenger cars.

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama at this address or by telephone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:VSA102(14)#Part 571.3, "multipurpose passenger vehicle"# Part 571.3 "school bus only"
d.7/6/98

ID: 1984-3.33

TYPE: INTERPRETATION-NHTSA

DATE: 10/29/84

FROM: FRED W. BOWDITCH -- MVMA TECHNICAL AFFAIRS DIVISION

TO: DIANE K. STEED -- ADMINISTRATOR NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 03/14/85 EST, FROM BARRY FELRICE TO FRED W. BOWDITCH, REDBOOK A27, STANDARD 108

TEXT: Dear Miss Steed:

The Motor Vehicle Manufacturers Association of the United States, Inc. (MVMA) * files this petition under 49 CFR Part 552 requesting amendment of Federal Motor Vehicle Safety Standard No. 108.

* MVMA members are AM General Corporation, American Motors Corporation, Chrysler Corporation, Ford Motor Company, General Motors Corporation, International Harvester Company, M.A.N. Truck and Bus Corporation, PACCAR Inc., Volkswagen of America, Inc. and Volvo North America Corporation.

MVMA requests removal from section 4.1.1.36(a)(2) of the limitation requiring the three aiming pads to be located on the exterior face of the headlamp lens. So long as the aiming pads are accessible to the adjustable legs of the aimer locating plates described in Figure 9, there is no motor vehicle safety need to limit pad placement to the face of the lens. Adoption of this requested amendment would remove an unwarranted design restriction. By allowing the aiming pads to be located on a part of the headlamp other than the lens, e.g., the mounting flange at the lens-reflector joint, such amendment would facilitate, for example, the design of lower profile replaceable bulb headlamps. Use of such headlamps could enhance the aerodynamic properties of future vehicle designs. Accordingly, we request substitution of the following text for the current section 4.1.1.36(a)(2):

"S4.1.1.36(a)(2) Each replaceable bulb headlamp shall have three pads on the front surface of the lamp which form an aiming plane for mechanically adjusting and inspecting headlamp aim. In the front view of the lamp taken in a plane perpendicular to the longitudinal axis of the vehicle, the three pads shall be positioned to match corresponding locations, for either Group I or Group II, that are specified in Figure 9 (front view) for the adjustable legs of the locating plate. The pads shall be designed to permit use of a mechanical aimer conforming to SAE Standard J602 October 1980 "Headlamp Aiming Device for Mechanically Aimable Sealed Beam Headlamp Units", together with an adjustable locating plate described in Figure 9, to check the aim of the Headlamp. Group I aiming pad locations are those prescribed for the 2B1 sealed beam headlamp unit and Group II aiming pad locations are those prescribed for 1A1/2A1 sealed beam headlamp units. Each lens face shall have molded into it the settings, appropriate for that headlamp, of the lengths of the three legs of the adjustable locating plate. Each setting is to be located adjacent to the aiming pad to which it applies. The molded characters specifying the settings shall have a minimum height of 4mm".

If you would like to discuss this petition further, please call on us.

Very truly yours,

ID: 1983-1.2

TYPE: INTERPRETATION-NHTSA

DATE: 01/07/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Stanley Electric Co. Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of November 23, 1982, to Mr. Elliott of this agency asking whether you may distinguish between U.S. and Japanese-manufactured lighting equipment subject to Federal Standard No. 108 by marking the lenses "U.S.A. DOT" and "JAPAN DOT", rspectively.

As you know, the National Highway Traffic Safety Administration has not adopted the SAE standard on equipment marking, J759c. This means that the only marking subject to Standard No. 108 is that which certifies compliance to all applicable Federal motor vehicle safety standards, the DOT symbol. We believe that the intended proximity of the words "Japan DOT" in your Japanese-manufactured equipment might create the impression that Stanley was certifying compliance to the requirements of the Japanese Ministry of Transport, rather than to those of the U.S. Department of Transportation. Therefore, we suggest that you place the word "Japan" at the end of the line rather than adjacent to the "DOT" symbol.

SINCERELY,

STANLEY ELECTRIC CO., LTD.

November 23, 1982

Att.: Marx Elliott Office of Rulemaking

National Highway Traffic Safety Administration

Dear Mr. Elliott,

We, Stanley Electric Co., Ltd. corporated in Japan (hereafter reffered to as STANLEY-JPN) have estblished Stanley Electric U.S. Co., Inc. corporated in London, Ohio (hereafter reffered to as STANLEY-US) with 100 % investments, and we are in process of preparing to start producing, beginning with the lighting equipments for 1984 model vehicles.

In the work we are proceeding, we are faced with a problem, the first case for us, which relates to the identification marking to be indicated on the lighting devices. So, we would like to ask you whether or not our view is right.

Honda Motor Co., LTD. (Japan) will manufacture the same type of vehicles both in Japan and in U.S.A (HONDA OF AMERICA). Therefore, their lighting devices of the same design will be manufactured by STANLEY-JPN and by STANLEY-US, and supplied to the Honda plant in each area.

Because these lighting devices are of the same design (STANLEY-JPN keeps the original drawings. And only STANLEY-JPN takes proceedings for their modifications.), we intend to indicate the same indentification making to the products made in Japan and made in U. S. A. However, in order to make a country of origin clear, it is our intention to add the marking "JAPAN" or U.S.A." to the identification marking, though it is not explained in Lighting Identification Code-SAE J759c.

The following is an example:

For products made in Japan : "STANLEY 043-6371 SAE AIST 80 JAPAN DOT"

For products made in U.S.A.: "STANLEY 043-6371 SAE AIST 80 U.S.A. DOT"

Please let us know whether or not the above view has no problem.

Thanking you in advance,

H. Miyazawa Director, Automotive Lighting Engineering Dept.

ID: 1985-04.4

TYPE: INTERPRETATION-NHTSA

DATE: 10/25/85

FROM: AUTHOR UNAVAILABLE; Barry Felrice; NHTSA

TO: Karl-Heinz Faber -- Vice President, Product Compliance and Service, Mercedes Benz of North America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Karl-Heinz Faber Vice President, Product Compliance and Service Mercedes-Benz of North America, Inc. One Mercedes Drive Montvale, NH 07645

I am writing in response to your letters about the headlamp cleaning systems you intend to install on certain 1986 model year vehicles. Your letters provide information about these systems and their performance. My staff has carefully reviewed the information and how it relates to Standard No. 108. "Lamps, Reflective Devices and Associated Equipment."

Our finding is that headlamp cleaning systems as proposed would be governed by paragraphs S4.1.1.36(b)(3), S4.1.3. and S4.3.1.1. The intent of the requirements in these paragraphs is 1) to assure mechanical aimability of the lamp as installed in the vehicle, and 2) to assure that all photometric performance requirements are met with and without installation of auxiliary vehicle parts or accessories, (and if performance degradation must occur, to assure that an auxiliary lighting device is provided). Additionally, the "fail safe" requirements of Standard 112, "Headlamp Concealment Devices" provides a precedent for a requirement that a headlamp should meet all photometric performances requirements, should a wiper fail.

In viewing your company's systems relative to the requirements, it appears possible to design a replaceable bulb headlamp for a specific vehicle application which includes a wiper type headlamp cleaning system, that meets the intent of the law. This could occur if the headlamp system and cleaning system were designed to meet the requirements together: i.e., the photometric performance requirements of FMVSS No. 108 could be met with the wipers in any achievable position and with any standardized replaceable light source. The system would also have to provide for the wiper to accommodate mechanical aiming. The information presented by you appears to show that the design of your system has taken these needs into account. NHTSA would anticipate that any replaceable bulb headlamp system in such an application would be certified by the vehicle manufacturer to meet the performance requirements using a standardized replaceable light source which has minimum lumen output and which has the filament at the maximum out of position tolerance, any replacement headlamp, and any headlamp cleaning system parts. This would be necessary to ensure that the vehicle would remain in compliance when replacement parts are used.

In consideration of the above, NHTSA believes that replaceable bulb headlamp systems with wiper type cleaning systems designed to be compatible and designed to conform to Standard 108 are permissible under the present Standard.

In summary, NHTSA views the use of the wiper type headlamp cleaning system in conjunction with replaceable bulb headlamps as permissible so long as due care is taken to ensure that the systems are designed to conform together, and can remain in compliance in the event of parts replacement.

Sincerely, Associate Administrator for Rulemaking

ID: nht74-5.47

DATE: 04/22/74

FROM: AUTHOR UNAVAILABLE; James B. Gregory; NHTSA

TO: American Safety Equipment Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of August 3, 1973, petitioning for amendments to paragraphs S4.9 and S5.3.1 of Motor Vehicle Safety Standard No. 213 which would allow the use of a buckle release mechanism design that requires, before release, some foreshortening of the belt system to reduce the load on the release mechanism. This design cannot meet the existing requirements of S4.9 of Standard No. 213 with the device under load. We wrote to you on August 20, 1973, and on December 17, 1973, requesting additional data. We have not received a response from you to either letter.

We have decided that your petition should be denied. Our objection to the design you wish to employ is that it cannot be released when the belt restraint system is under load. The NHTSA believes, and has adopted its position in Standard No. 213, that a fundamental safety requirement for any occupant restraint release mechanism is the ability to release when it is under a load imposed by the weight of the occupant. In many vehicle crashes restraint systems may be loaded in this fashion when occupants must be removed.

We do not disagree with your argument that mechanisms which release under load may more readily be released by children when release is undesirable. We believe the greater safety problem, however, is presented by designs which are difficult to operate because they require a prior unloading of the release mechanism. These systems may not be able to be released, even by adults, in crash situations. Data we have received indicates substantial difficulty in the ability of adults to release a child from a child seat in situations (total darkness) simulating emergencies. The study in question has been conducted by the National Swedish Road and Traffic Research Institute and is on file in Docket No. 2-15.

Moreover, we believe buckle release mechanisms should be operable by older child occupants, particularly in situations such as in upside-down configurations where a load is imposed on the mechanism. This purpose is met by the existing requirements of the standard but would not be met were we to grant your petition.

In your petition you argue that even a lower release force does not necessarily mean that the occupant will be able to escape easily from the restraint system. While this may be true, as no requirements are specified in Standard No. 213 regarding ease of belt removal, it is not a justification for increasing the difficulty of operating the buckle release mechanism.

SINCERELY

August 3, 1973

Administrator National Highway Traffic Safety Administration Subject: Petition for Rule Making

Reference: MVSS213, S4.9 and S5.3.1

American Safety Equipment Corporation is a major developer and manufacturer of safety belt restraint systems for automobile manufacturers. American Safety personnel have a great deal of experience designing aircraft and automotive restraint systems, particularly hardware such as buckles, retractors and associated items. The Company has been active since 1966 in the business of designing and producing restraint harnesses and complete seating systems for children in the 20 to 40 pound size range. The Company has been working on development of a new child safety seat since 1970 basing the basic design criteria on dynamic performance under simulated crash testing, while also observing the current static testing regulation. Final testing of prototype models has been completed on the design considered optimum for performance, economy and simplicity of use.

This petition is submitted in accordance with the procedure described in Subpart B Section 553.31. This proposal is to add a performance requirement and test procedure for an occupant harness release mechanism not currently considered by the Child Seating Systems regulation. The mechanism is not of a nature normally classified or described as a "buckle", but for purposes of MVSS213, is being considered a release mechanism.

The proposed additions and revisions to MVSS213 are shown underlined:

S4.9 (b) Release when a force of not more than 20 pounds is applied when tested in accordance with S5.3 expect for systems described by S4.9 (c).

2 (c) Release when a force of not more than 10 pounds is applied when the release mechanism requires foreshortening of the webbing restraint components to activate and is tested in accordance with S5.3.1 (d).

S5.3.1 For forward-facing child seating systems where foreshortening of the webbing restraint components is not required by the release mechanism -

(a) -- unchanged --

(b) -- unchanged --

(c) -- unchanged --

When foreshortening of the webbing restraint components is required to actuate the release mechanism -

(d) Test the system with a 1,000-pound force as specified in S5.1, remove the force completely and then release the mechanism in a manner typical of that employed in actual use.

Photographs are enclosed showing the release mechanism actuation under normal and simulated emergency conditions and a typical testing set-up to determine release force. The application of force to release the occupant harness must simultaneously pull down on the abdominal pad and the shoulder straps thereto attached and upwards under the metal latch. This is very simply described as a "pinching" action of the thumb and first and/or second finger. The shoulder straps are thereby foreshortened and the occupant will be forced rearward (unless lifted or pushed) toward the back surface of the child seat. The hand not activating the release mechanism can be used to move the child's torso away from contact with the restraint straps. The actuation of the release mechanism with the belts in a slackened condition is an easy one-hand operation with a low force requirement.

The performance criteria on which our restraint release mechanism design is based are as follows:

1. The mechanism must be capable of restraining the occupant when the system undergoes dynamic forces of an auto crash without distortion of any kind which could result in a jammed or difficult-to-release condition.

2. Child must not be able to easily release himself.

3. The mechanism must be extremely easy to understand from the standpoint of an adult learning how to actuate. Similarity to current production adult safety belt hardware assures the shortest possible learning time by an adult.

3 These criteria were formulated after studying field experience of consumers and consulting with experienced people in various phases of the child and adult restraint business. This experience indicated to us that -

1. A common possible problem with many child seat harness buckle release mechanisms is that the release mechanisms could be easily actuated by the child occupant. The child is protected only while sitting in the seat with the harness secured.

2. Emergency removal of a child occupant from a wrecked automobile should be accomplished within a minimum time. Emergency removal always involves supporting at least a portion of the child's weight while releasing the harness mechanism. After an accident the child's weight is forced against the restraining straps if the car has overturned or if the car seat back is exerting pressure on the child and/or child's seating system.

3. Restraint harness buckles which have a low release force (even under occupant's weight load) may not completely detach all components of the harness system from the occupant. Such components as shoulder and/or lap belts may remain wholly or partially attached to the buckle and could interfere with the removal of the occupant from the seating system.

Much subjective information from consumers was also evaluated by us to finalize the release mechanism design since it is considered one of the key components of the overall child seating system. Real-world data is scarce on crash performance of child restraint systems, but accident experience is reasonably hypothesized from experience with children and emergency post-crash situations. It is considered reasonable by us that release mechanisms which actuate under the test procedures now in effect are likely to be released wholly or partially be a child prior to a crash. Protection in low speed, as well as high speed crashes, is important and a securely fastened harness is mandatory for protection. Driver distraction by unrestrained children can also cause accidents which is minimized by a release mechanism not easily operable by the child. Supporting the child's weight or otherwise relieving pressure of the child's body from the harness webbing during emergency removal is consistent with a majority of conceivable accident conditions and always would be a requirement with the impact-shield type restraints (no harness) where the occupant would be expected to be wrapped around the impact shield after a crash. Self-removal from a harness restraint under emergency conditions by a child in the 20 to 40 pound age group

4 is not reasonable unless the child is taught expressly for this purpose. In such a case, training in body articulation and hardware manipulation is probably difficult for the proposed release mechanism.

American Safety is planning procurement of the necessary tooling for manufacturing the child seat design incorporating the proposed release mechanism. The proposed child restraint release mechanism and release procedure is nearly identical to the release of the detachable shoulder harness pin-connector in production for adult restraints in certain cars for three years. The pin and plastic grommet used on the child restraint mechanism proposed are parts produced for several different 1973 model cars. The Company requests the addition of the proposed requirements to MVSS213 to permit it to manufacture and sell the child restraint product.

Gordon M. Bradford Vice President, Corporate Development

enclosures

(Graphics omitted)

PHOTOGRAPH NO. 1

Restraint release mechanism -- This general view shows the similarity to the established pin and connector design now in production for shoulder belts on adult restraints. The two straps above the release mechanism are adjustable upper torso restraints. The release mechanism is affixed to the abdominal pad and the adjustable crotch strap is sewn permanently to the release mechanism connector.

PHOTOGRAPH NO. 2

Release mechanism activation -- The initial step in activating the release is as shown. The thumb depresses the abdominal pad and foreshortens the upper torso restraints. The index finger or middle finger holds up the connector while the pin is forced downward.

PHOTOGRAPH NO. 3

Release mechanism activation -- The completion of the releasing operation shows the pin and grommet now moved downward into the enlarged opening of the connector where it is completely separated from the crotch strap and connector. A slight forward pull with the finger finishes the release. The connector is then dropped and the abdominal pad with upper torso straps attached is swung upward over the occupant's head for removal when the seat is situated in a normal horizontal attitude.

PHOTOGRAPH NO. 4

Release force requirements -- A possible form of measurement device which operates the release mechanism in a manner typical of that employed in actual use is shown. This test would be performed after the child seating system had been subjected to a static load of 1,000 lbs in accordance with MVSS213, S5.1. Following this the release force test would be done in accordance with the proposed procedure S5.3.1(d).

PHOTOGRAPH NO. 5

The position illustrated simulates a nose-down car attitude. The child's full weight is resting on the harness. The adult is about to release the harness.

PHOTOGRAPH NO. 6

The adult has pushed upward with her left hand on the abdominal pad. This slackens the crotch strap allowing normal operation of the buckle with her right hand. The load required to release the buckle in this way is no greater than normal.

PHOTOGRAPH NO. 7

The buckle has opened and the adult has begun to lower the child. The abdominal pad has slid naturally from her left to her right hand. Her left hand continues to support the abdomen.

PHOTOGRAPH NO. 8

The adult's right hand continues to guide the abdominal pad while the left hand continues to support the abdomen. The crotch strap is completely clear of the child.

PHOTOGRAPH NO. 9

The child is out of the harness and is now on what would be either the car's dash or front seat back, depending on where the child seat was installed in the vehicle. The harness is clear of the child. No force greater than the child's weight was exerted. There were no "practice" runs after instructions on how to correctly release the child were given to the Mother.

ID: 2652o

Ms. Joanne Salvio
Fire Research Corporation
26 Southern Blvd.
Nesconset, NY 11767

Dear Ms. Salvio:

This responds to your November 10, 1987, letter asking whether the "Guardian Gate" your company manufactures for firefighting vehicles is subject to Safety Standard No. 206, Door Locks and Door Retention Components. The answer to your question is yes, if the Gate is installed on new vehicles and if the area into which the door leads contains one or more seating positions.

The advertising material you enclosed states that the Guardian Gate "is designed to help firefighters while they are riding to fires in the jump seat of apparatus [sic]." The advertisement said that the unique feature of the Guardian Gate is its locking mechanism which enables the gate to be locked "on both its sides to the vehicle; the cab side, as well as the pump panel side." The advertisement said this "dual locking" feature is intended to minimize the likelihood that the gate will be opened either unintentionally or because of "hazardous conditions" (an explanation of which the advertisement did not include).

Paragraph S4 of Standard No. 206 states: "Components on any side door leading directly into a compartment that contains one or more seating accommodations shall conform to this standard. ..." (S4 exempts certain types of doors from Standard No. 206, but these are doors that are readily removable or that are not provided for retaining occupants. Since the Guardian Gate falls into neither of these two categories, the exemptions are not relevant to your inquiry.)

From the information you provided in your letter and in telephone calls between you and Ms. Hom of my staff, we understand that the standing area on the firefighting vehicle enclosed by the Guardian Gate contains a jump seat. Because "seating accommodations" referred to in S4 include jump seats, a Guardian Gate that is installed to enclose a jump seat area on a new firefighting vehicle must comply with Standard No. 206. This determination is consistent with an August 13, 1980 letter from NHTSA to Mr. L. Steenbock of the FWD Corporation (copy enclosed), in which this agency stated that a door leading to a standing area that contains no seating position would not have to comply with Standard No. 206. Because Standard No. 206 applies to passenger cars, multipurpose passenger vehicles and trucks (e.g., firefighting vehicles), and not to replacement parts for installation in used vehicles of these types, you may sell the Guardian Gate to vehicle owners without regard as to whether the Gate complies with the performance requirements of the standard. However, we urge you to consider meeting those requirements voluntarily, to ensure that the Gate will perform to specified levels for the safety of firefighters riding in the "jump seat area" of the vehicle. You should also be aware that you are responsible under the National Traffic and Motor Vehicle Safety Act, as a manufacturer of motor vehicle equipment, to ensure that your product contains no defect relating to motor vehicle safety. If you or this agency determines that a safety related defect exists, you must notify purchasers of your product of the defect and remedy the problem free of charge.

I hope this information is helpful.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure ref:206 d:2/11/88

ID: 2840yy

Mr. Samuel Yk Lau
Kenwo Industries Ltd.
Unit 20, 10/F, Block A,
Hi-Tech Ind. Center,
5 Pak Tin Par Street, Tsuen Wan
Hong Kong

Dear Mr. Lau:

This is in reply to your letter of January 24, 1991, asking the agency for an opinion with respect to an "additional brake lamp" that you manufacture and intend to export to the United States. You ask "if there are any regulations, standards, or approval for this kind of product", and, further, "does this product need to have any certificate or approval before it can be sold or installed?"

Federal Motor Vehicle Safety Standard No. l08, Lamps, Reflective Devices, and Associated Equipment, has required the additional stop lamp on all passenger cars manufactured on and after September 1, l985. The Standard specifies performance and minimum lens area requirements for the lamp, and these requirements must be met by any lamp that is used as original equipment on passenger cars, and by any lamp that is intended to replace a lamp orignally installed on a car manufactured on and after September 1, l985. If the lamp is intended as replacement equipment, its manufacturer must provide certification to the distributor or dealer of the lamp that the lamp meets Standard No. l08. For lighting equipment this certification may be in the form of a DOT symbol on the product, or a written statement on the packaging that the lamp meets all applicable Federal motor vehicle safety standards, or such other written certification as the lamp manufacturer may choose (e.g., an invoice). In addition, the lamp manufacturer must file an Identification Statement with the agency, and a foreign manufacturer must designate an agent in the United States upon which the agency may serve legal process should that be required. However, there is no requirement that a manufacturer obtain approval from the agency before exporting its certified product to the United States and selling it here.

However, Standard No. l08 does not apply to an additional stop lamp that is intended for use in a passenger car manufactured before September 1, l985, and there is no requirement that it be certified as meeting Standard No. l08. Under this circumstance, we advise that the packaging for any such lamp should clearly state that it is not intended to replace an original equipment center lamp so that legal questions regarding its conformity with Federal requirements do not arise. Even though the lamp is not subject to Standard No. l08, its foreign manufacturer must designate an agent in the United States, as mentioned in the previous paragraph.

An additional stop lamp for passenger cars manufactured before September 1, l985, is also subject to the laws of the individual States in which the lamp is sold and used. We are unable to advise you on these laws, and suggest that you write for an opinion to the American Association of MOtor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, USA.

We enclose a copy of Standard No. l08 and of the SAE standard on supplementary stop lamps that is incorporated by reference. We are also enclosing copies of the Manufacturer Identification and Designation of Agent regulations, and of other materials that our Office of Vehicle Safety Compliance provides in response to inquiries of this nature. Questions on these materials should be addressed to that Office.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosures

ref:556#551#l08 d:2/22/9l

ID: 2915yy

Mr. Mark A. Pacheco
Vice President
Innovative Industries
of Tampa, Inc.
5126 Le Tourneau Circle
Tampa, FL 33610

Dear Mr. Pacheco:

This responds to your letter in which you asked about the application of Federal regulations to your client's product. This product, called a "Walk Machine," looks like a two-wheeled scooter, with a small 37cc engine attached to it. You stated that this product is designed for off-road use.

NHTSA has the authority under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A); Safety Act) to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Section 102(3) of the Safety Act defines "motor vehicle" as:

[A]ny vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

NHTSA has interpreted this language as follows. Vehicles that are equipped with tracks or are otherwise incapable of highway travel are plainly not motor vehicles. Further, vehicles designed and sold solely for off-road use (e.g., airport runway vehicles and underground mining devices) are not considered motor vehicles, even though they may be operationally capable of highway travel.

On the other hand, vehicles that use the public highways on a necessary and recurring basis are motor vehicles. For instance, utility vehicles like the Jeep are plainly motor vehicles, even though they are equipped with special features to permit off-road operation. If a vehicle's greatest use will be off-road, but it will spend a substantial amount of time on-road, NHTSA has found the vehicle to be a "motor vehicle." Further, if a vehicle is readily usable on the public roads and is in fact used on the public roads by a substantial number of owners, NHTSA has found the vehicle to be a motor vehicle. This finding was made with respect to dune buggies and regardless of the manufacturer's stated intent regarding the terrain on which the vehicles were to be operated.

Your letter did not indicate whether the "Walk Machine" would be designed and sold solely for off-road use, or whether it would be used on-road for a substantial amount of time. However, based on your letter, this vehicle would not be a "motor vehicle" even if it is regularly used on the public roads. This is because NHTSA has stated in many previous interpretations that vehicles that regularly use the public roads will not be considered "motor vehicles" if such vehicles have a maximum attainable speed of 20 miles per hour (mph) and have an abnormal configuration which readily distinguishes them from other vehicles. The information provided for the "Walk Machine" indicates that it has a top speed of 16 mph and a configuration that would readily distinguish it from motorcycles and other two-wheeled vehicles.

Because this vehicle is not a "motor vehicle," none of this agency's standards apply to it. You may wish to contact the Consumer Product Safety Commission to learn if they have any Federal safety regulations that would apply to this vehicle. Their address is: Office of the General Counsel, U.S. Consumer Product Safety Commission, 5401 Westbard Avenue, Bethesda, Maryland 20207. You may also wish to consider the possible application of State laws to your client's product. For additional information on State laws, you may contact the American Association of Motor Vehicle Administrators at: 4200 Wilson Blvd., Suite 600, Arlington, Virginia 22203.

Sincerely,

Paul Jackson Rice Chief Counsel /ref:VSA d:4/l/9l