ID: 77-2.27

TYPE: INTERPRETATION-NHTSA

DATE: 05/03/77

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Messrs. Allen & Korkowski & Associates

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of March 3, 1977, to Mr. Oates of this office asking whether your client, a manufacturer of motorcycle accessories, is subject to requirements imposed by 49 CFR Parts 573, 576, and 577 and 15 U.S.C. 1402.

For your reference I am enclosing a copy of a new Part 577 which becomes effective June 28, 1977, that implements Part B of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1411 et seq.) effective December 27, 1974. These new sections have superseded Section 1402, to which you referred. Since you apparently are unaware of these changes I am also enclosing a copy of the amended Act.

Because your client manufactures motor vehicle equipment other than original equipment (i.e. accessories) its products appear to be "replacement equipment" as defined by 15 U.S.C. 1419(2)(B). Since Parts 573 and 576 apply only to motor vehicle manufacturers and not to equipment manufacturers you are correct in your conclusion that these regulations are inapplicable to your client. We have proposed, however, that Part 573 be amended to apply to manufacturers of replacement equipment although no action has yet been taken on the proposal. I include a copy of that proposal.

You also asked about the applicability of Section 577.4 which you found to be "silent about the duty of manufacturers of motor vehicle equipment". The Part 577 that you referenced reflects the statutory scheme that was in effect until December 27, 1974, under which a manufacturer of motor vehicle equipment (as contrasted with a vehicle manufacturer who also produced equipment) was not required to notify purchasers of safety-related defects or noncompliances which it, the manufacturer, had discovered. The equipment manufacturer's obligation to notify arose only upon determination of the existence of a safety-related defect or noncompliance by the NHTSA Administrator and in that event Section 577.5 requires the equipment manufacturer to follow the provisions of Section 577.4. The new statutory scheme of 15 U.S.C. 1411 et seq., as reflected in revised Section 577.5, now extends the notification and remedy obligation to safety-related defects and noncompliances discovered by manufacturers of replacement equipment.

Finally, you have asked if there is no duty to retain records how can an equipment manufacturer "observe the requirements of Part 577.4." I assume what you mean is how can it notify "the first purchaser (where known) . . . and any subsequent purchaser to whom a warranty on such . . . item of equipment has been transferred". The actual obligation of a manufacturer of replacement equipment today, however, is that established by 15 U.S.C. 1413(c)(3)(A), in effect since December 27, 1974, and it is to notify "the most recent purchaser known to the manufacturer" (See also new Section 577.7(a)(2)(ii)(A). Congress appears to have recognized that manufacturers of small and less expensive items of motor vehicle equipment generally may not keep records of ultimate purchasers when it authorized our agency to issue a public notice when the public interest requires it (15 U.S.C. 1413(c)(3)(B)). Since there is no obligation for a manufacturer to know the names of its purchasers, NHTSA will accept in good faith an equipment manufacturer's statement as to the extent of its knowledge of its most recent purchasers. Under proposed Section 573.7(c) your client, as a manufacturer of motor vehicle equipment, would be required to maintain certain records including a list of the names and addresses of the "most recent purchasers known to the manufacturer". Such a list would probably at a minimum comprise distributors of the product, might also include the dealers of the distributors, and possibly in some instances the ultimate purchaser. But it is not a requirement that steps be taken to know and list the names and addresses of all ultimate purchasers. If you have further questions after reviewing this letter and its enclosures I will be happy to answer them for you.

ID: 77-3.11

TYPE: INTERPRETATION-NHTSA

DATE: 06/27/77

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: American Seating Company

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your March 24, 1977, letter asking for an interpretation of the requirements for knee contact area in Standard No. 222, School Bus Passenger Seating and Crash Protection, which state that, when impacted, "the resisting force of the impacted material shall not exceed 600 pounds and the contact area on the knee form surface shall not be less than 3 square inches." You ask whether this requirement can be interpreted as meaning that, when impacted, the resisting force of the impacted material shall not exceed 200 pounds per square inch rather than 600 pounds over 3 square inches.

The 600 pound maximum force and the 3 square inch minimum contact area are two distinct requirements. The first specifies an upper bound on the load that will be applied to the upper leg while the latter specifies a lower bound on the knee area over which an impact load must be distributed. To combine the two requirements, as you suggest, tends to relax the contact area requirement for a load which is less than 600 pounds. Such an interpretation would not ensure the level of safety the agency demands for knee contact area. The suggested combination of the two requirements may not provide an adequate distribution of forces over the knee. Accordingly, the agency declines to accept the suggested interpretation of the standard.

SINCERELY,

March 24, 1977

National Highway Traffic Safety Administration

Att: Chief Counsel, Frank A. Berndt

Reference is made to Federal Standard 222, paragraph S5.3.2.2, "When any part on the rear surface of that part of a seat back or restraining barrier within any zone specified S5.3.2.1 is impacted from any direction at 16 feet per second by the knee form specified in S6.7, the resisting force of the impacted material shall not exceed 600 pounds and the contact area on the knee form surface shall not be less than 3 square inches".

We request an interpretation of the requirement for the knee form contact area. The knee recess area of the seat back is the most vulnerable part of the seat not only to vandalism but to hard use by the passenger. This is the area where feet are placed on the back and soles of shoes scuff and damage softer material. Also objects such as briefcases and lunchboxes add to the damage in this area. In fact, in city and inter-city buses this area is normally protected by heavy plastic or stainless steel panels. In the endeavor to provide a more practical surface than the soft vinyl we have been successful in adopting a thin plastic back panel. However, in some areas of the seat back, the resisting force, at 16 feet per second, is only 300 pounds and proportionately the contact area caused by the knee form is about 2 - 2 1/2 square inches.

We question whether the 3 square inches applies to the resisting force of the 600 pound magnitude or if it must extend to the lesser force. If we consider the distribution of the 600 pound force over the 3 square inch area, we are applying 200 pounds per square inch. When we measure the distribution of forces in this manner we meet the 200 pound maximum per square inch.

Under separate cover we are sending you copies of the actual contact areas indicated by the paint imprint. Because your interpretation will have a direct bearing on the construction of the seat as well as performance and economy of maintenance, we would appreciate a response at your earliest convenience.

Chester J. Barecki Vice President - Sales Engineering Transportation Products Division

[Attachments Omitted]

CC: T. HOYT; E. HENEVELD; J. OTT; T. CAMP

ID: 1984-1.46

TYPE: INTERPRETATION-NHTSA

DATE: 05/03/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: U.S. Postal Service

TITLE: FMVSS INTERPRETATION

TEXT:

May 3, 1984

Mr. Joel S. Premack Research and Development Laboratories U.S. Postal Service Rockville, MD 20852-8101

Dear Mr. Premack:

This responds to your March 7, 1984 letter to Roger Fairchild of this office regarding Federal Motor Vehicle Safety Standard (FMVSS) 111, Rearview Mirrors. In particular, you asked whether the covering of the rear and rear-side windows on Postal Service Vehicles would be consistent with the requirements of FMVSS 111.

FMVSS 111 (copy enclosed) establishes requirements regarding rearview mirror systems on new motor vehicles. New Postal Service vehicles would be required to employ one of three optional mirror systems. The first system is a system permitted for use on passenger cars, and includes an inside review mirror with a specified field of view and a plane, driver's side exterior mirror also having a specified field of view. The second permissible system is also a passenger car system and is identical to the first system, except that the inside mirror need not provide the specified field of view and an additional passenger side plane or convex rearview mirror must be provided to compensate for the more restricted field of view of the inside mirror. The third system has two plane mirrors of 19.5 square inches reflective surface area each, one mounted on each side of the vehicle.

Based on the materials you provided with your letter, it appears that Postal Service DJ-5G Models employ the second system described above. In that case, further reduction of the field of view of the inside rearview mirror would not affect compliance with our standard, since an additional passenger side mirror is provided.

If the proposed covering of the rear windows is to be accomplished as a modification to vehicles already delivered to the Postal Service, these modifications may not be subject to FMVSS 111 at all. Modifications to vehicles must be consistent with safety standards only to the extent those modifications are performed by a vehicle manufacturer, distributor, dealer, or private motor vehicle repair business which knowingly renders inoperative safety equipment installed on the vehicle. See 15 U.S.C. 1397(a)(2)(A). Thus, if the window covering is done by the Postal Service itself, FMVSS requirements are not applicable.

If you have any further questions on this matter, please feel free to contact us.

Sincerely,

Frank Berndt Chief Counsel

Enclosure

March 7, 1984

Mr. Roger Fairchild National Highway Traffic Safety Administration U.S. Department of Transportation 400 Seventh Street, S.W. Washington, DC 20590

Dear Mr. Fairchild:

The Engineering Support Center of the U.S. Postal Service has been requested to consider covering over windows identified as items 1, 2, and 3 in the enclosed figure. A set of mirrors would be installed to minimize the impact on rear and side viewing. He are interested in knowing whether such a retrofit is consistent with the existing vehicle certification.

We would appreciate your review of the proposed change in window area as it pertains to Federal Motor Vehicle Safety Standard 111 and related effectiveness of the rear viewing mirrors. Please contact Mr. Joel Premack on 443-3257 with your assessment of this issue.

Joel S. Premack Mechanical Engineer, Program Engineer Mechanical Design/Development Branch Engineering Support Center 11711 Parklawn Drive Rockville, MD 20852-8101

Enclosure

********INSERT GRAPHIC********

AM General Corporation MODEL KJ-5G

ID: 19832.ztv

Mr. Jonathan Ward
CEO and President
TLC, Inc.
14743 Oxnard Street
Van Nuys, CA 91411

Dear Mr. Ward:

This is in response to your letter to Coleman Sachs of this Office which we received on April 8, 1999. You asked for an opinion on your plan "to sell restored pre-1974 Toyota Land Cruisers comprised of new and used parts."

You intend to begin with "an assemblage of new motor vehicle equipment including body, frame, steering, suspension, brake, axle, differential, glazing, interior and trim assemblies

. . . ." The equipment taken from the "U.S. spec. pre-1974 donor vehicle" includes "the front and rear driveshaft assemblies including yokes and flanges, complete rear drive gear assembly, front right frame extension, vin plates and title." You believe that "pursuant to 49 CFR 571.7(E) and 15 U.S.C. 1391(3)" you "would satisfy DOT's standards of minimum donor vehicle parts content and definition of assemblage of motor vehicle equipment." You then comment that "the restored vehicle will meet or exceed DOT standards of the donor vehicle's year of manufacture," and ask whether you "can legally sell the vehicle complete with drivetrain or do we have to sell it as a kit and have the customer pay a separate corporation to supply and install the drivetrain?" You conclude by saying that "if we must, our third step would be that a separate corporation will be contracted by the customer to install an EPA and CARB compliant drivertrain. The vehicle will then be offered for sale by TLC Inc."

The Toyota Land Cruiser for 1974 and previous years appears to be a "multipurpose passenger vehicle" for purposes of compliance with 49 CFR Part 571, the Federal motor vehicle safety standards. A "multipurpose passenger vehicle" is defined in pertinent part as one that "is constructed either on a truck chassis or with special features for occasional off-road operation." (Sec. 571.3(b)). You cited 49 CFR "571.7(E)." The provisions of Sec. 571.7(e) Combining new and used components apply only to trucks, not to multipurpose passenger vehicles that may be built on a truck chassis. This section was adopted in 1975 to accommodate the use of glider kits in the reconstruction of trucks (40 FR 49340). This section is not applicable to other types of motor vehicles. We do not understand your citation of 15 U.S.C. 1391(3). That section (now recodified as 49 U.S.C. 30102(a)(6)) is simply the statutory definition of "motor vehicle."

The vehicle you describe cannot, in our opinion, be termed a "restored" 1974 Land Cruiser, even though you intend the completed vehicle to carry the VIN and title of one. The original Land Cruiser will be disassembled to the point that it is no longer a motor vehicle. Only the original "front and rear driveshaft assemblies including yokes and flanges, complete rear drive assembly, [and] front right front frame extension" will be used again. As we understand your letter, the rest of the vehicle, including its body and frame, is new. Under these circumstances, when the vehicle is assembled it will be a motor vehicle manufactured as of the assembly date and one that has not been delivered to its first purchaser for purposes other than resale. That is to say, the vehicle will be a new motor vehicle to which current Federal motor vehicle safety standards and other regulations apply. As a new vehicle, we believe it cannot carry the VIN of an earlier vehicle, but must be equipped with a new VIN meeting the requirements of 49 CFR Part 565. We are not conversant with state titling practices, and cannot provide information about them.

Our interpretation means that the vehicle must be certified by its manufacturer (TLC or the "separate corporation") as conforming to current Federal safety standards as required by 49 U.S.C. 30115 and 49 CFR Part 567. You should contact EPA and CARB for information about their regulations. The certifying manufacturer must also file an identification statement with this agency pursuant to 49 CFR Part 566.

If you have any questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:571
d.5/21/99

ID: nht79-4.53

DATE: 10/15/79

FROM: JOAN CLAYBROOK -- NHTSA

TO: HERBERT L. MISCH -- VICE PRESIDENT, ENVIRONMENTAL AND SAFETY ENGINEERING STAFF, FORD MOTOR COMPANY

TITLE: NONE

TEXT: This letter is in response to your letter of August 31, 1979, concerning the perceptions and realities of the safety of children in cars equipped with air bags.

On September 13, 1979, a team of senior level National Highway Traffic Safety Administration engineers and scientists visited Ford for discussions with your staff on the questions you raised in your letter. They reported to me that on the basis of their discussions, additional staff level discussions would be beneficial.

Federal regulations on automatic occupant crash protection, like all motor vehicle safety standards, are minimum requirements. Compliance with these requirements may not be sufficient to provide an adequate level of safety for all occupants under all circumstances. Manufacturers are expected to be responsible for the development, design, testing, and manufacture of safety systems in their cars that provide a level of safety that is consistent with the capability of the technology, the state of its development, and the practical constraints of motor vehicle mass production and marketing, as you indicate in your letter.

We disagree with your contention that responsibility for the protection of children, who are otherwise unrestrained and out of their normal seating position, significantly differs from the usual situation with other safety systems or other Federal requirements. The National Highway Traffic Safety Administration has considered at various times adding further performance criteria to the requirements of FMVSS 208. However, the Agency is very reluctant to do so unless a substantial problem is identified that can only be addressed in this way. Such additional criteria tend to restrict innovations in designs and test procedures used by the manufacturers. They can also decrease the incentive to a manufacturer to try to achieve the safest possible systems because they freeze performance requirements, and inhibit innovation.

Ford has available to it the basic information (beyond that which is proprietary to other companies) and the resources that are available to the other automobile companies or to the government. You have substantial in-house expertise, and many independent experts and contractors are available to help assess: 1) the test protocols that are appropriate to measure the performance of restraint systems in frequent, high risk, real world situations; 2) the specific performance of Ford's air bag system; and 3) whether any modifications in the Ford system are warranted.

As we announced on Monday, October 1, 1979, in a press conference concerning General Motors' decision to postpone their 1981 introduction of air bags into production, I have appointed a special team to assess the basis of GM's decision. (A copy of my statement is enclosed.) The assessment has already begun, and will proceed for at least the next several months. This team will look at accident data and the position of occupants in cars at the time of a crash to determine the frequency and risk to vehicle occupants of various circumstances involving the restraint system. They will also assess the biomechanics and biofidelity of various surrogates used for occupants, particularly children in testing. We will keep you informed of the progress of this work as it goes forward.

We must not lose sight of the fact that air bags offer a very substantial potential for improving automobile occupant safety. The opportunity to reduce fatalities and serious injuries in frontal crashes to less than one half their present levels provides strong justification to commercialize these automatic restraints at the earliest practical date, provided due care has been exercised in the development and testing of systems for the variety of situations in which they will be needed.

I hope that these comments, and any assistance that our staff can provide, will be useful in resolving the questions you have about your air bag system. We also hope to see Ford as the first company to resume air bag production in the 1981 model year.

ID: nht80-1.48

DATE: 04/10/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Whitley & Whitley, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. William N. Whitley Vice President, Whitley & Whitley, Inc. 20600 Chagrin Boulevard, Tower East Shaker Heights, Ohio 44122

Dear Mr. Whitley:

This responds to your February 8, 1980, letter asking whether the CarVan that you manufacture would be required to comply with Federal safety standards. The CarVan is designed to be mounted over the trunk of a car and weighs approximately 80 pounds.

The CarVan is considered a piece of motor vehicle equipment for purposes of compliance with the motor vehicle safety standards. Since it does not slide into the cargo area of a truck, however, it would not be considered a slide-in camper subject to Standard No. 126, Truck-Camper Loading. However, as a piece of equipment, it would be required to comply with Standard No. 205, Glazing Materials. I am enclosing an information sheet detailing where you can obtain a complete copy of all motor vehicle safety standards.

The agency notes that the CarVan would be installed in such a location that it would obscure the rear lights of the vehicle upon which it is mounted. The agency considers this to be very dangerous and concludes that you should adopt a tail light system for the CarVan. The Federal safety standard for lighting is Standard No. 108. Without a tail light system, the agency concludes that the installation and use of your CarVan would constitute a safety related defect, and we would exercise our authority to require any such defect to be remedied. We note also that many States prohibit any device that covers the license plates.

The agency would like to take this opportunity to correct some misinformation that was supplied to you on May 4, 1978, when we responded to your previous request for information on a camper that was designed to be loaded in a car's trunk. In that letter, the agency stated that the camper would be required to comply with Standard No. 126. That statement is incorrect. Since your camper is designed for a passenger car and not a truck, it would not be required to comply with Standard No. 126. It would be subject to the other standards mentioned above for the CarVan. We regret any inconvenience our error may have caused you.

Sincerely,

Frank Berndt Chief Counsel

Enclosure

February 8, 1980

U.S. Department of Transportation National Highway Traffic Safety Administration Washington, D.C. 20590

Attention: Administrator for Rulemaking

Dear Sir:

We are considering manufacturing the CarVan. The CarVan is described in the enclosed resume.

Please indicate how the CarVan will be classed and be regulated by the Federal Motor Vehicle Safety Standards. Please note the CarVan will not slide into the car trunk but will be supported over the trunk.

I am enclosing a copy of your response to my request on a larger but similar type unit.

Sincerely,

WHITLEY & WHITLEY, INC.

William N. Whitley Vice President

WNW:Cj

The CarVan is a new light weight (80 pound) foldable gas saving recreational vehicle (RV). The unit can be attached to a standard or compact automobile trunk and meet the minimal living needs of two adults without increasing the gas comsumption of the automobile. The CarVan provides safe, secure, private space for sleeping, resting, cooking, eating, changing clothes and can be used for all day sports activities, fishing, hunting, skiing, overnight recreational or business travel.

The CarVan will appear and function (without wheels) as an extension of the car. The dimensions of the CarVan in the up position provide sufficient room for comfortable sitting, sleeping and standing, but extend the length of the car by only two feet. The unit folds down for easy road travel. The rear view mirror and regular side view mirrors of the car are functional while driving with the CarVan attached. No additional driving skills are required. Standard size garages and parking spaces may be used for car storage with the CarVan attached.

ID: nht79-1.25

DATE: 12/14/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Alternative Automotive, Inc.

TITLE: FMVSR INTERPRETATION

TEXT:

Dec. 14, 1979

Mr. John F. Croonquist, President Alternative Automotive, Inc. 999 N. Pacific Street, 33-D Oceanside, California 92054

Dear Mr. Croonquist:

This responds to your November 9, 1979, letter asking whether a vehicle that you plan to produce would be classified as a truck for purposes of applying the Federal motor vehicle safety standards.

In your letter, you state that your vehicle looks somewhat like a Jeep. You state further that it is constructed on a Volkswagen truck chassis, carries two passengers, and is designed to transport property. As you know, the agency defines truck to be a vehicle that is designed primarily to transport property or speciality equipment. Since the vehicle that you plan to manufacture appears to be designed for the transportation of property and since it is constructed on a truck chassis, the agency concludes that it would be a truck for the purposes of applying the safety standards.

Sincerely,

Frank Berndt Chief Counsel

9 November, 1979

Office of the Chief Counsel National Highway Traffic Safety Adm. 400 7th St. S.W. Washington, D.C. 20590

Attn: Mr. Roger Fairchild

Dear Mr. Fairchild:

If you will recall I talked with you on the phone about one and a half months ago concerning getting a ruling as to the classification from the NHTSA on a vehicle I am in the process of building; and therefore before proceeding further I will need a ruling from your office.

A general description of the vehicle would be a fiberglass body (similiar to a Jeep) placed on my own fabricated chassis (2" by 4"-.120 wall box tubing) which is truely a truck chassis. The design of the chassis follows closely that of the VW Bus or what Volkswagen calls their type 2 vehicle and uses VW bus front torsion, rear torsion, brakes, steering, pedal assembly and other VW bus components.

Various data supplied herein points out why we feel the vehicle should be classified as a truck; especially in light of the recent classification of the American Motors Corp. "Eagle" as a truck.

Various reasons stated are as follows: 1. Vehicle is designed to carry two persons 2. Vehicle is designed to transport property a. by using the roll bar as a super-structure to build a cargo containment area b. this will be done by placing wood siding on the roll bar sides and rear 3. Ground clearance using L78-15 tires is 14.75 in. under the front torsion and 12 in. under the rear torsion (also 12 in. is the minimum ground clearance) 4. Ground clearance on my vehicle will be equal to or greater than nearly all trucks manufactured in the U.S.A. 5. Approach angle of 64 degrees 6. Chassis is designed to carry over 2000 pounds on the front axle and 2000 pounds plus on the rear axle

Projected production calls for less than 500 vehicles per year and our projected market area will be the U.S. Territories of Puerto Rico and the U.S. Virgin Islands; the reason being that the vehicle fits perfectly the climate and geography and also after traveling to these areas we have found local governments with high under-employment and more than willing to help in setting up an vehicle manufacturing facility.

However in making this facility a reality we need and actively seek the help of NHTSA, its administrators, advisors, and counsel to render assistance and relevant decisions to SMALL businesses who do not have access to corporate lawyers, the lobby folly, or other channels that big business often uses to purge the SMALL manufacturer, and more often uses to gouge the consumer.

We will await your ruling and would appreciate your earliest concern on this matter.

Sincerely,

John F. Croonquist-President

ID: nht92-9.33

DATE: January 31, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: S. Suzuki -- Managing Director, Suzusho Trading Co.

TITLE: Your ref: ST-9015/91

ATTACHMT: Attached to letter dated 10/16/91 from S. Suzuki to Director, Office of Public and Consumer Affairs, NHTSA (OCC 6611)

TEXT:

This responds to your letter of October 16, 1991, to the Director, Office of Public and Consumer Affairs, with reference to the "Safety Shot" lighting device that you have developed. You have enclosed photographs illustrating three types of this device in operation.

In brief, the device consists of a center red highmounted stop lamp, immediately flanked by amber lamps that serve as supplementary turn signal/hazard warning signal lamps. Although the photos are not entirely clear, the device appears to consist of segmented compartments in a common housing, with thicker dividers separating the signal and stop functions. Type I incorporates an L.E.D. and is mounted at the top of the rear window. Type II also incorporates an L.E.D. and is mounted at the bottom of the window. Type III is located at the top of the rear window and uses conventional bulbs for its light source. You have been referred to us by Chrysler Corporation. We assume that you approached Chrysler with a view towards having your device accepted as original motor vehicle equipment. You have asked for our views on whether it is possible to use this device in the U.S. market.

In the United States, the applicable Federal motor vehicle safety standard for rear lighting is Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. Section S5.4 of Standard No. 108 does not allow a center high-mounted stop lamp to be physically combined with any other lamp or reflective device. Because Safety Shot appears to have a common housing for signalling and stopping functions, the lamps are "combined" within the meaning of the prohibition.

This means that the Safety Shot may not be used as original equipment on motor vehicles, and it may not be offered as a replacement for original equipment center highmounted stop lamps (required on each passenger car manufactured on or after September 1,1985).

If you wish to sell the Safety Shot as an accessory in the aftermarket, for passenger cars manufactured before September 1, 1985, different considerations apply. Installation of the Safety Shot by a manufacturer, distributor, dealer, or motor vehicle repair business is not permitted if it renders inoperative, in whole or in part, the function of any other rear lighting device.

The question, therefore, is whether the effectiveness of the function of any other rear lighting device is compromised by the Safety Shot to the extent that the other device's function is rendered, at the minimum, partially inoperative. We note that original equipment amber signal

lamps are not prohibited from flashing when the stop lamps are operating. It would not appear that the addition of the Safety Shot to a passenger car manufactured before September 1, 1985, would compromise the signals from the original turn signal and stop lamps in a manner to render them, at least, partially inoperative. However, the Safety Shot is subject to regulation by the individual States of the United States in which it is sold or used. We are unable to advise you on State laws, and suggest that you write for an opinion to American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

Motor vehicles are also required to be manufactured to conform to Standard No. 111, Rearview mirrors. Under this standard, if installation of the Safety Shot prevents the vehicle from meeting the rearview mirror field of view requirements specified, the manufacturer, distributor, dealer, or motor vehicle repair business installing the Safety Shot must install a rear view mirror on the passenger side of the vehicle (as a practical matter, most vehicles in the U.S. are manufactured with this additional mirror).

ID: nht94-3.61

TYPE: INTERPRETATION-NHTSA

DATE: July 7, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Walter Lavis

TITLE: NONE

ATTACHMT: Attached to letter dated 6/6/94 from Walter Lavis to John Womack (OCC-10080)

TEXT: We have received your letter of June 6, 1994, with respect to your "Saf-T-Flec" reflectors.

You say that you have been informed by a NHTSA representative that "using the standard DOT approved reflector tape would allow the use of my reflector for the trucking industry." Judging from the red, white, and amber samples you have enclosed, your "ref lectors" appear to be retroreflective tape which adheres to a semicircular aluminum base and is intended for vertical mounting on the side and back of vehicles. Several potential customers have asked whether your concept was "DOT approved", and you have asked for a reply.

The Department of Transportation has no authority to "approve" items of motor vehicle equipment. We advise inquires whether manufacture or use of any particular item of equipment is prohibited or permitted under the Federal motor vehicle safety standard s and associated regulations. However, if an item is deemed permissible, this must not be represented as "approval" by DOT.

Your letter is somewhat unclear as to the intended use and market for Saf-T-Flec. The fact that you have enclosed a highlighted copy of S5.1.1.4 leads us to believe that one application you envision for Saf-T-Flec is as a substitute for original equipme nt side reflex reflectors. This substitution is permitted if the reflective material conforms to Federal Specification L-S- 300 (September 7, 1965) and, as used on the vehicle, meets the performance standards of SAE Standard J594f Reflex Reflectors, Jan uary 1977. Accordingly, if your red and amber samples meet these two requirements, they may be used as the side front, intermediate, and rear reflex reflectors that Tables I and III require on trucks and trailers. However, Standard No. 108 does not all ow sheeting material to be used on the rear of vehicles in lieu of reflex reflectors.

What if your reflectors do not meet the two specifications listed above? In this instance, they may be used as supplementary side reflectors to the reflectors that are

2

required by Standard No. 108, and you may employ amber devices for this use as well as red and white. As supplementary equipment, they are subject to the Federal restriction only that they not impair the effectiveness of the required reflex reflectors. We do not believe that additional reflectors would have this effect. Supplementary lighting equipment such as additional reflectors is subject to the laws of the individual states. We are not able to advise you as to their acceptability under state la ws. The American Association of Motor Vehicle Administrators (AAMVA) provides opinions on state law. AAMVA's address is 4600 Wilson Blvd., Arlington, Va. 22203.

As you may know, S5.7 of Standard No. 108 requires red and white retroreflective material to be applied to the side and rear of large trailers that have been manufactured since November 30, 1993 (those whose overall width is 80 inches or more and whose G VWR is more than 10,000 pounds). This material may be retroreflective sheeting or reflectors. If sheeting is used, it must meet the photometric specifications of Figure 29. If reflectors are used, they must conform to SAE J594f, and provide specified minimum millicandela/lux at specified light entrance angles. Your initial question indicates that you may be interested in marketing Saf-T-Flec for use as a substitute for the conspicuity materials that conform to Standard No. 108. Manufacturers of con spicuity sheeting certify it with the material in a flat vertical plane (as evidenced by the DOT-C2 marking on your white sample). We have reservations whether the curved red and white Saf-T-Flec devices could meet the photometric specifications of Figu re 29, for sheeting, or J594f and the millicandela/lux specifications of S5.7.2.1(b) or (c) for reflectors. Amber is not one of the specified colors for conspicuity treatment, and could not be used as a substitute.

I hope that this answers your questions.

ID: nht94-4.51

TYPE: INTERPRETATION-NHTSA

DATE: October 14, 1994

FROM: Recht, R. Philip -- Chief Counsel, NHTSA

TO: Larson, Victor P. E. -- Cryenco, Inc. (COLORADO)

TITLE: NONE

ATTACHMT: Attached To A Letter Dated 5/17/94 From Victor Larson To John Womack (OCC 9984)

TEXT: This responds to your FAX of May 17, 1994, with reference to the application of conspicuity material to the sides of cryogenic tank trailers.

You point out that the only side mounting surface for striping that is perpendicular to the road is at the center of the tank, approximately 90 inches above the road surface. You ask for confirmation of your interpretation that conspicuity material can be placed at this location "if that is the only available mounting area" and that it is not necessary to add additional structure for the sole purpose of providing a lower vertical mounting surface.

We confirm your understanding. Standard No. 108 specified an original mounting height for conspicuity material as close as practicable to 1.25 m. However, in a notice published on October 6, 1993, NHTSA amended the requirement to "as close as practicab le to not less than 375 mm and not more than 1525 mm above the road surface." The practicability qualification allows manufacturers to choose a location for conspicuity treatment that is outside the specified range to avoid body modifications that might otherwise be required to mount the material within the specified range.

The manufacturers of conspicuity material certify its performance in a vertical plane. Trailer manufacturers should mount the material in a vertical plane or as close to a vertical plane as the trailer shape offers, in order to achieve the full conspicu ity benefits of the material. In the case of your tank trailer without a suitable vertical surface below the belt line of the tank, reflective material at a belt line that is 90 inches above the road surface would be considered to have been mounted as c lose as practicable to the upper specification of the height range (1.525 m). As NHTSA observed when it adopted the original mounting height specification with its practicability provision, flexibility in the vertical location of conspicuity material is necessary for compliance of some tank trailers. However, it should not be overlooked that other types of tank trailers may have vertical surfaces on the frame, fenders, or other equipment well suited for conspicuity material.

You inform us that some trailers have rear and midship cabinets that could be used, in conjunction with the belt line location, to provide a location for striping, although this would result in a non-aligned striping pattern. With respect to trailers eq uipped with cabinets, you asked whether compliance would be satisfied if only the belt-line location is used. The answer is yes, provided that the requirement of paragraph S5.7.1.4.2(a) is met, i.e., which provides that "the strip need not be continuous as long as not less than half of the length of the trailer is covered and the spaces are distributed as evenly as practicable." Since the strip need not be continuous, this would allow discontinuities in a strip mounted at 90 inches in which the cabinet s were not used.

Your final question is the required orientation of striping for conspicuity; some of your customers have requested placement of material at a downward angle of approximately 30 degrees to accommodate their graphics better. The standard does not explicit ly address the issue of orientation. However, as noted in response to your first question, trailer manufacturers should mount conspicuity material in a vertical plane, or as nearly thereto as the trailer shape allows, so that the full conspicuity benefi ts of the material may be realized. If there is no available vertical surface on which the material can be mounted, we urge that a wider stripe of conspicuity material be used to provide the minimum required performance at the installed downward angle. The manufacturer of the conspicuity material which you use should be able to determine whether an increase in the width of the striping would allow the material mounted at or near the downward angle that your customer prefers to provide performance comp arable to a narrower strip mounted in a vertical plane.