ID: 13392.ztv

Mr. Miguel Padres
441 N. Grand Avenue, Suite 350
Nogales, AZ 85621

Dear Mr. Padres:

This is in reply to your e-mail of December 30, 1996, asking for an interpretation of the regulations of this agency as they may affect a business plan you wish to implement. We regret the delay in responding to you but your letter presents novel and complex questions.

You would like to take a 1969 VW Beetle to Mexico and "restore or replace all the parts permitted by the laws, that would continue to make it a 1969 VW Beetle." You refer to 49 CFR 571.7(e) and interpret it as saying that "placing a new body on an old chassis does not produce a new vehicle so long as the engine, transmission, and drive axle (as a minimum) are not new and at least two of which were taken from the same vehicle. You intend to " place a new body on the old chassis" which, to you, would mean that it "would still be a 1969 vehicle." As part of your modifications you would either retain or replace with DOT certified items the original brake hoses, lamps and reflectors, tires, rims, glazing and seat belt assemblies. You would then bring the vehicle back to the United States.

First of all, Sec. 571.7(e) does not apply to passenger cars such as VW Beetles; it applies to trucks. However, according to long-standing agency interpretations, the addition of a new body to the chassis of a passenger car previously in use does not result in the creation of a new motor vehicle that must comply with the Federal motor vehicle safety standards. On the basis of the limited information you have provided us, we do not believe that the parts you have listed that you may replace, together with the body, would exceed this threshold. The vehicle would remain a 1969 model under our interpretations.

Further, our importation regulations do not require that a vehicle comply with the Federal motor vehicle safety standards if it is 25 years old or older (49 CFR 591.5(i)(1)). This means that the modified 1969 Beetle, when imported into the United States after the modifications are made in Mexico, need not comply with the Federal motor vehicle safety standards.

However, if the refurbishing involves sufficient manufacturing operations, the vehicle would be considered a newly manufactured one. This means that it would be required to meet all applicable safety standards in effect at the time of refurbishing (manufacture), and to be certified as conforming to those standards. Because of the variety of fact situations involved, the agency has found it difficult to establish a general requirement, and it provides opinions on a case by case basis.

We are unsure of your connection with Beetlemex, Inc., which shares your street and suite address in Nogales. Beetlemex is advertising on the internet that it is "bringing brand new Beetles into the U.S.", each of which is "officially a restored vehicle, but is actually a brand new Beetle." Beetlemex instals "brand new parts taken off from a brand new sedan" and "at the end, we have a Beetle that has most of the parts from a brand new Beetle." Statements such as these raise the possibility that the threshold has been exceeded. The ad also states that Beetlemex registers and titles the vehicles as well. In our interpretations, we consider it important that a vehicle equipped with a new body on an old chassis would continue to carry its original model year designation for state registration purposes, in this instance, 1969. If the vehicles refurbished by Beetlemex have been registered and titled as 1996 or 1997 models, that is prima facie evidence to us that the modifications have gone beyond what is permissible for the original vehicle to retain its characterization as one manufactured in 1969.

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

Sincerely,
John Womack
Acting Chief Counsel
ref:591
d.7/28/97

ID: 13415.ztv

Ms. Ana S. Salcedas
308 N. Forklanding Road
Maple Shade, NJ 08052

Dear Ms. Salcedas:

This responds to the letter that you and Mr. Silva sent us on December 14, 1996. We are sending a copy of our reply to Mr. Silva at his Philadelphia address. You have asked our "assistance in ensuring that the patent [for the Auto Brake Light] meets the requirements for Code 571.108."

The patent application indicates that the Auto Brake Light is a message-sending device that can take several forms. In one application, the center highmounted stop lamp can display the message "STOP". In another form, the left hand stop lamp, the center highmounted stop lamp, and the right hand stop lamp can display, one word to a lamp, the message "SLOW DOWN NOW". We assume that the lower stop lamps could also display the message "SLOW DOWN." The application states that "[o]ptimally, the present invention may be used with retrofitted light assemblies that are attached to a vehicle after its original manufacture."

Under our basic regulatory statute, 49 U.S.C. Chapter 301, a motor vehicle must conform with all applicable Federal motor vehicle safety standards at the time it is sold and delivered to its initial purchaser. This means that, if the vehicle is modified after manufacture and before such sale, it must continue to comply with the Federal safety standards after the modifications. Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment, 49 CFR 571.108, permits the addition of supplementary lighting devices at the time of initial manufacture or before initial sale provided that they do not impair the effectiveness of lighting equipment required as original equipment by Standard No. 108.

As noted above, in one form of your invention, the center highmounted stop lamp can display the word "STOP." Figure 10 of Standard No. 108 establishes minimum candela intensity values that must be met at individual test points on the lamp, or the sum of such test points within zones. If any portion of the word "STOP" obscures the light at any individual test point so that the zone total falls below the minimum sum specified for the zone, that obscuration would create a noncompliance with Standard No. 108, and the retrofitted lamp would not be permissible. In addition, visibility of the center stoplamp signal must not be impaired by any part of the vehicle including the word "STOP" from test points 10U to 5D and from 10L to 10R, unless the lamp is designed to comply with all requirements when the obstruction is considered. If the letters can be arranged so that the lamp continues to comply, as discussed above, we do not believe that the word "STOP" would impair the effectiveness of the center stop lamp.

On the other hand, we believe that the message "SLOW DOWN" or "SLOW DOWN NOW" when placed on the lower stop lamps could create a momentary distraction, which would impair the effectiveness of the stop lamp system when used to signal that the vehicle is stopping. This aspect of your invention would not be permitted by Standard No. 108.

Once a motor vehicle is sold, 49 U.S.C. Chapter 301 prohibits manufacturers, dealers, distributors, and motor vehicle repair businesses from making inoperative any device or element of design installed in accordance with a Federal motor vehicle safety standard. We view the phrase "making inoperative" in this case as the equivalent of creating a noncompliance with Standard No. 108. This means that the persons named in the previous sentence may not retrofit a center lamp with the word "STOP" if it obscures any of the required test points. Further, it means that such persons may not retrofit vehicles with lamps spelling "SLOW DOWN NOW."

Because existing lamps are designed to meet the required test points with an unobscured lens, it is almost a certainty that lamps on vehicles in use would become noncomplying if retrofitted with letters forming words such as "STOP" and "SLOW DOWN NOW."

You will note that the prohibition discussed above does not extend to the vehicle owner who, under the statute, may create a noncompliance in his or her vehicle without violating Federal law. But a vehicle modified by its owner remains subject to the laws of the States in which it is registered and used. We are unable to advise you on State laws that may affect your device, and recommend that you contact the Department of Motor Vehicles of the States where you intend to market it.

We offer no opinion on the validity under Federal law of the other patented lighting devices discussed in the application.

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

Sincerely,

John Womack
Acting Chief Counsel

cc: Mr. Armenio N. Silva
     5110 Arendele Ave.
     Philadelphia, PA 19114

ref:108
d:2/25/97

ID: 13434.ztv

Mr. Binh Nguyen
Product Manager
Customer Satisfaction
AutoZone
P.O. Box 2198
Memphis, TN 38101-9842

Dear Mr. Nguyen:

This responds to your letter of December 16, 1996. You informed us that AutoZone "does sell auxiliary driving lights that are either SAE/DOT Approved or For Off Road Use Only." You have asked us several questions about such driving lamps, and we are pleased to respond.

"1. Who regulates auxiliary driving lights - the Society of Automotive Engineers (SAE) or the Department of Transportation (DOT)?"

DOT has not established specifications for auxiliary lamps such as driving, fog, etc., and does not directly regulate them. Unlike headlamps, for example, Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment does not require auxiliary driving lamps to be original equipment on motor vehicles. However, they must not be installed on a motor vehicle, either as original or aftermarket equipment, in a manner that impairs the effectiveness of required lighting equipment (e.g., mounted so close to a turn signal lamp as to mask its signal), and they should not be used as substitutes for headlamps. In addition, DOT has broad jurisdiction over "motor vehicle equipment"; thus, if auxiliary lamps are determined to have a safety related defect, their manufacturer must notify customers and remedy the defect.

The SAE is not a regulatory body and compliance with its standards and recommended practices is voluntary and of no legal significance, unless those standards have been incorporated by reference into Standard No. 108 and/or a State's motor vehicle laws. As stated above, SAE provisions on auxiliary driving, fog, and other such lamps have not been incorporated as Federal requirements.

"2. If no one currently regulates these automotive parts, are there plans at the Federal level to regulate these lights in the future? Who will regulate them and what will be the requirements?"

We have no plans at this time to regulate auxiliary driving or auxiliary lower beam headlamps in the future, but we have publicly stated our intent to regulate front and rear fog lamps. Whether

this will actually occur we cannot say at this time, but it is likely that any regulations will be based on both SAE and European standards.

"3. Do individual states have different restrictions regarding auxiliary driving lights?

4. If the answer is yes, would you please provide me with information on these different restrictions and with contact names for the various state agencies?"

In the absence of Federal regulations, each State may regulate any and all auxiliary lamps under State laws. There may be States with restrictions. However, we are not conversant with the laws of the individual States, and I regret that we are unable to provide you with contact names in the office of the Motor Vehicle Administrator of each State.

"5. What does it mean when a light manufacturer says "This light is DOT/SAE approved?" or "This light is AAMVA approved?"

The phrase "DOT/SAE approved" should never be used. DOT does not have the authority to "approve" or "disapprove" motor vehicle equipment. To the best of our knowledge, SAE does not approve lamps either. Sometimes a manufacturer will use the phrase to imply that the lamp has been manufactured to SAE specifications that have been incorporated into Standard No. 108 as Federal requirements. If this is the case, the manufacturer may simply mark the lamp "DOT" as its certification that the lamp has been manufactured to conform to all applicable requirements of Standard No. 108. Otherwise, the manufacturer must certify compliance by means of a label on the lamp or on the container in which it is equipped. In cases where "DOT/SAE approved" appears on auxiliary lamps and their packages, the marking is meaningless. We shall answer your question on AAMVA under Question 7. below

"6. Who is the AAMVA?"

"AAMVA" is the abbreviation for the American Association of Motor Vehicle Administrators, an organization whose members are the motor vehicle administrators of the individual States. It is located at 4600 Wilson Boulevard, Arlington, VA 22203.

"7. What role does the AAMVA play in regulating auxiliary driving lights or any automotive lighting.?"

Some States require registration of manufacturers doing business within their borders. Because auxiliary lamps are not required lighting equipment under Standard No. 108, a State may set its own standard for these lamps, and require manufacturers to obtain a certificate of conformance with the State standard as a condition for selling the auxiliary lamps in the State. We understand that AAMVA previously performed the service of obtaining these certificates. However, another organization appears to have assumed that role. This new organization is the Automotive Manufacturers Equipment Compliance Agency, Inc. (AMECA), Suite 605, 1101 15th St. N.W.,

Washington, D.C. 20005. I am not familiar with the phrase "This lamp is AAMVA approved" but it may mean that AAMVA had obtained the necessary clearances for sale of the lamp in those States which permit AAMVA-approved lamps.

"8. How does a light manufacturer get his/her lights approved for sale at the federal and state levels?"

As I explained earlier, DOT has no authority to "approve" lighting equipment. All that is required under Federal law for a lamp to be sold is that it comply with all applicable Federal motor vehicle safety standards and bear its manufacturer's certification of compliance in the form indicated in response to Question 5. Since no Federal requirements apply to driving lamps, no permission to sell or certify is required under Federal law. The individual States may require State approval before sale, and we recommend that you consult AMECA as to its recommendations for sale in the individual States.

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

Sincerely,
John Womack
Acting Chief Counsel
ref:108
d:/8/97

ID: 13439.drn

Mr. Donald E. Moore
Compliance Engineer
Western Star Trucks
2076 Enterprise Way
Kelowna, British Columbia
CANADA V1Y 6H8

Dear Mr. Moore:

This responds to your request for an interpretation whether a truck's "vernier hand throttle" (VHT) that is not used in driving the vehicle, must meet the "hand operated control" requirements of Standard No. 101 Controls and displays. As explained below, the answer is no.

In your letter, you stated that the VHT is used in trucks to power vocational applications, such as dump trucks or cement mixers that power a hydraulic pump, providing energy to a hydraulic motor or ram. The VHT is used only when the vehicle is stationary or moving at a very low speed. You further wrote that the people using the VHT are usually professionals, who perform these tasks daily.

You further wrote that the VHT is placed under the steering column. When in the normal seated position, the driver cannot see the VHT, but can operate it with difficulty. You explained that in its location, the VHT can be operated either from the ground where the operator can easily monitor the auxiliary equipment powered by the VHT, or from the driver's seat. The VHT is placed out of the way of the driver's knees, where it may interfere with driving controls.

Your letter concluded that if NHTSA determines the VHT to be a "hand throttle" as defined in Standard No. 101, your company would have difficulty meeting Standard No. 101 by placing a label in a meaningful location where the driver can both see the label, and have the label be adjacent to the VHT. You further stated your belief that identifying the VHT as a "throttle" may imply that the VHT is meant to regulate road speed while driving, which the VHT does not do.

Standard No. 101's purpose, stated at S2, makes clear the Standard is intended to apply to controls and displays used in the driving task:

The purpose of the standard is to ensure the accessibility and visibility of motor vehicle controls and displays and to facilitate their selection under daylight and nighttime conditions, in order to reduce the safety hazards caused by the diversion of the driver's attention from the driving task, and by mistakes in selecting controls.

You have explained how the VHT, although called a "throttle," is not the same as a throttle used to regulate road speed while driving. Since it is not a control used in the driving task, and is not a "hand throttle" specified in S5.1 Location, the VHT need not meet Standard No. 101.

I hope this information is helpful. If you have any other questions, please contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel

ref:101
d:3/19/97

ID: 13441.ztv

Mr. Kevin Imagawa
Manager, Product Safety and Compliance Division
Matsushita Technology Development Center
Matsushita Electric Corporation of America
One Panasonic Way, 4B-8
Secaucus, NJ 07094

Dear Mr. Imagawa:

This letter replies to your letter of December 20, 1996, to Bob Shelton of this agency, as supplemented by your letters of January 9 and January 14, 1997, to this Office.

You describe the subject of your letters as a "battery-operated DC-motor-driven bicycle." You have told us that you plan to market this machine and asked whether "49 USC Chapter 301 (Motor Vehicle Safety) and 49 CFR Parts 390 & 571 are applicable to this kind of product or not." You tentatively concluded "that only CPSC has the mandatory safety requirements for a bicycle. . . ." If we understand your letters correctly, the battery provides the same amount of torque as the torque provided by a rider pedaling the bicycle up to a speed of 14.9 mph, at which point the motor cuts off and 100% of the torque is provided by the driver. The motor also shuts off whenever the driver stops pedaling.

First, the regulations at 49 CFR Part 390 are those of the Federal Highway Administration (FHWA). The FHWA only regulates motor vehicles that are used for commercial purposes in interstate commerce. Your vehicle would not be operated in interstate commercial ventures and these regulations would not apply to you.

A "motor vehicle" as defined under 49 USC Chapter 301 is one that is "driven or drawn by mechanical power . . . ." With respect to your design, the vehicle would be driven primarily by muscular power, with a mechanical assist. At no point does the motor alone drive the bicycle. It assists the prime mover, muscular power, and does not drive the bicycle in the absence of muscular power. We have therefore concluded that your bicycle design with power assist is not a motor vehicle as defined by 49 U.S.C. Chapter 301 and is not subject to it or to 49 CFR Part 571. I enclose a letter of February 16, 1993, to Mr. J.C. Townley, which explains our views in somewhat greater detail.

You also asked whether "a driver's license is required by law when a bicycle is provided with a continuous (without pedaling) motive power exceeding a certain speed limit (Ex. 14.9 mph) or of more than 5 horse power." I am sorry that we cannot answer this question for you. Each State has its own requirements for licensing the operation of motor vehicles within its borders. We are unable to advise on the laws of the States, and suggest that you contact the Department of Motor Vehicles in each State where you intend to market your product.

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

Sincerely,

John Womack

Acting Chief Counsel

Enclosure

ref:571

d:5/2/97

ID: 13472-2.pja

Mr. Garry Bowhall
VP Sales and Engineering
Red River Mfg., Inc.
202 8th St. W.
P.O. Box 732
West Fargo, ND 58078

Dear Mr. Bowhall:

This responds to your letter asking whether your belted-bottom trailers are "special purpose vehicles" under Federal Motor Vehicle Safety Standard No. 224, Rear Impact Protection. I apologize for the delay in responding. The answer to your question is no.

After January 1998, Standard 224 will require most trailers and semitrailers weighing over 10,000 pounds to be fitted at the rear with an underride guard. Excluded from Standard 224 are "special purpose vehicles." A special purpose vehicle is defined in S4 of the standard as "a trailer or semitrailer having work-performing equipment . . . that, while the vehicle is in transit, resides in or moves through the area that could be occupied by the horizontal member of the rear underride guard . . . ." (Emphasis added.)

Your letter and its enclosed brochures and video explain that you manufacture trailers that discharge their contents by means of a moving belt on the trailer floor that pushes the contents to the rear of the trailer. Your underride guards are currently located 24 inches forward of the vehicle's rear extremity, and you believe that having to locate the guard 12 inches closer to the rear extremity, as will be required by Standard 224, would render your vehicles unusable.

Your vehicle does not meet the definition of a special purpose vehicle. The "special purpose vehicle" exclusion does not apply merely because the vehicle has a "special purpose." The exclusion involves the relationship of work-performing equipment to the guard. The conveyor belt on your vehicles at no time passes through the area where the horizontal member of the underride guard would be located. Moreover, even if it did pass through, it would have to do so while the vehicle is in transit. Because your vehicles do not meet the definition of "special purpose vehicles," they are not excluded from Standard 224.

Under one of our regulations (49 CFR Part 555), vehicle manufacturers may apply for a temporary exemption from the Federal motor vehicle safety standards. Under Sec. 555.6(a), a manufacturer whose yearly production is not more than 10,000 units may ask for an exemption of up to three years on the basis that compliance would cause it substantial economic hardship and that it has attempted in good faith to comply with the standard from which it has asked to be excused. I have enclosed a copy of Part 555 for your information. Please note that it takes three to four months from the date of submittal before a decision can be made on such an application because it has to be submitted for public comment.

If you need further assistance, you may contact Mr. Atelsek of my staff at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
ref:224

ID: 13494.ztv

Mr. Dion A. DeVan
13061 Lakeridge Dr.
Spanish Lake, MO 63138-3307

Dear Mr DeVan:

This is in reply to your e-mail of January 2, 1997, to this Office. You informed us that you are building a "one-of-a-kind" truck/van, and need information such as how you can get a copy of the National Highway Traffic Safety Administration's "codes," whether you need a manufacturer's license, and how you "go about getting certification for GVWR, Safety, and Emissions?"

Under our primary safety statute, 49 U.S.C. Chapter 301, Motor Vehicle Safety, "manufacturer" means any person manufacturing or assembling motor vehicles . Even if someone produces only a single motor vehicle, that vehicle must be certified to conform to all applicable Federal motor vehicle safety standards if its producer intends it to operate on the public roads. The Federal motor vehicle safety standards are found at Title 49 Code of Federal Regulations Part 571. As we are unsure of the final configuration of your "truck/van," you should review the definitions of "truck" and "multipurpose passenger vehicle" under Sec. 571.3(b) to see which is most appropriate to your vehicle. The application section near the beginning of each Federal safety standard will tell you whether that standard applies to multipurpose passenger vehicles and trucks.

I enclose an information sheet that will tell you how you may get a copy of Title 49. No Federal license is required to manufacture a vehicle or vehicles, though a manufacturer of vehicles must file a simple identification statement with the agency.

Manufacturers must certify compliance of their vehicles with the Federal safety standards on the basis of their own engineering judgment and test data. Certification is achieved through affixing a plaque permanently to the vehicle (49 C.F.R. Part 567), which contains the vehicle's GVWR.

The Environmental Protection Agency enforces Federal emissions regulations, and we are unable to advise you as to their applicability to your truck/van.

We appreciate your interest in the Federal motor vehicle programs. If you have any further questions, you may call Taylor Vinson of this Office at 202-366-5263. Because of the public interest in our interpretations and our desire to make them available to all interested persons, it is not our policy to reply by e-mail to requests for interpretations.

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:571
d.6/24/97

ID: 13523.drn

Mr. Jerome A. Hoover
Compliance Engineer
Monaco Coach Corporation, Indiana Division
P. O. Box 4313
Elkhart, IN 46514-0313

Dear Mr. Hoover:

This responds to your request for an interpretation whether a world manufacturer identifier (WMI) assigned to Roadmaster Rail, Inc. (Roadmaster) can continue to identify Roadmaster after Monaco Coach Corporation (Monaco) purchases Roadmaster. Under the facts described below, since Monaco is not assigned a WMI and intends to continue use of the Roadmaster name, Monaco may use Roadmaster's WMI.

Your letter states Roadmaster and Holiday Rambler are divisions of Monaco. Roadmaster manufactures incomplete vehicles, and Holiday Rambler and Monaco are final stage vehicle manufacturers. You wrote that "Monaco has full liability for the Roadmaster chassis, and for Monaco and Holiday Rambler motorhomes."

In a telephone conversation with Dorothy Nakama of my staff, you explained that Monaco does not manufacture any vehicles in one stage or any incomplete vehicles, and is not assigned a WMI. You stated that before Monaco acquired Roadmaster in 1993, Roadmaster was an independent company, not part of another company. You stated that Monaco does not intend to merge Roadmaster into Monaco but to keep Roadmaster as a separate division, and to advertise Roadmaster as a trade name. You also stated that Holiday Rambler was once an independent company and is assigned its own WMI because it manufacturers trailers and fifth wheels.

NHTSA's regulations at 49 CFR Part 565 Vehicle Identification Number Requirements states that the WMI shall "uniquely identify the manufacturer, make and type of the motor vehicle if its manufacturer produces 500 or more motor vehicles of its type annually." (49 CFR section 565.6(a)) In past interpretation letters, NHTSA has interpreted "uniquely identify" to mean that the same WMI cannot be used for two corporate entities if there is a possibility the two entities will be confused.

Your case is one of first impression. Unlike similar situations we have addressed, no WMI is assigned to the parent company (Monaco), but each division (Roadmaster and Holiday Rambler) has a separate WMI. You assure us that there are no plans for Monaco to be a one stage vehicle manufacturer or an incomplete vehicle manufacturer (which would require assigning a WMI).

Since Monaco itself is not assigned a WMI, and but each of its divisions, Roadmaster and Holiday Rambler has separate WMIs, we agree that Roadmaster and Holiday Rambler may continue to use the WMI assigned to each company. Under the facts described, there would be no confusion as to which corporate entity manufactured the applicable vehicle. Also, separate WMIs for the two divisions make it possible to distinguish between vehicles built by Roadmaster and Holiday Rambler.

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

Sincerely,

John Womack

Acting Chief Counsel

ref:565

3/20/97

ID: 13562.drn

Mr. William J. Gordon
3718 Livingston Street, N.W.
Washington, D.C. 20015

Dear Mr. Gordon:

This responds to your request for an interpretation of how The National Highway Traffic Safety Administrations (NHTSA's) laws apply to a device you wish to manufacture. In a March 12, 1997 letter from Heidi Coleman, NHTSA's Assistant Chief Counsel for General Law, your letter to NHTSA was granted confidential treatment of all information, except for the device's description as a "speed limiting device for passenger automobiles and light trucks." A discussion of our standards follows below.

By way of background, NHTSA is authorized to issue safety standards for new motor vehicles and new items of motor vehicle equipment. This agency does not approve motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet applicable standards. Also, it is unlawful for dealers to sell motor vehicles or motor vehicle equipment that do not meet applicable standards.

Vehicle manufacturers wishing to install your device would be required to certify that their vehicles meet all applicable safety standards with the device installed. While we do not have sufficient information to identify all the standards that might be relevant to your device, I would like to bring two standards to your attention.

Among the safety standards your device may affect are those for accelerator control systems (Standard No. 124, Accelerator control systems), and braking (Standard No. 135, Passenger car brake systems), (The safety standards are found in Title 49 of the Code of Federal Regulations, Part 571.) Standard No. 124 establishes requirements for the return of a vehicle's throttle to the idle position when the driver removes the actuating force from the accelerator control, or in the event of a severance or disconnection in the accelerator control system. Standard No. 135 specifies requirements for service brake and associated parking brake systems. While these standards do not preclude the installation of your device on a new vehicle, any vehicle with your device must meet the requirements of these and all other applicable safety standards.

No standard would apply to your device to the extent that it is sold as aftermarket equipment. However, Federal law prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from "making inoperative" a vehicle's compliance with any safety standard. Therefore, your device could not be installed by such businesses if the installation adversely affected a vehicle's compliance with any safety standard.

The "make inoperative" provision does not apply to modifications made by owners to their own vehicles. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles. Also, individual states have authority to regulate modifications that a vehicle owner may make to his or her vehicle. We are not able to provide you with information on state laws. You may wish to seek an opinion from the Department of Motor Vehicles in any state in which the device will be sold or used.

Finally, your device is considered to be "motor vehicle equipment" under Federal law. This means that the manufacturer of the device would be subject to Title 49 of the U.S. Code, sections 30118-30122, concerning the recall and remedy of products with defects related to motor vehicle safety. If the manufacturer or NHTSA determined that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which your device is installed on a new vehicle by the vehicle manufacturer.)

I hope this information is helpful. I am enclosing a general information sheet for new manufacturers which summarizes NHTSA's regulations and explains where to obtain copies of Federal motor vehicle safety standards and other regulations. If you have any more questions about these issues, please feel free to contact Dorothy Nakama at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack

Acting Chief Counsel

Enclosure

ref:vsa

d:3/26/97

ID: 135cmc

Mr. David Spurgess
Director Systems Engineering
TRW Automotive
12000 Tech Center Drive
Livonia, MI 48150

Dear Mr. Spurgess:

This responds to your letter requesting an interpretation of S7.8 of Federal Motor Vehicle Safety Standard (FMVSS) No. 135.You requested the Agencys concurrence with, or guidance regarding a suggested interpretation.You suggest that S7.8 is intended to require the testing of only a single antilock brake system (ABS) inoperative condition and that it is up to the discretion of the representative conducting the test to ensure that this has been accomplished appropriately.The issues raised by your letter are discussed below.

FMVSS No. 135 specifies requirements for service brake and associated parking brake systems for vehicles with a gross vehicle weight rating of 7716 pounds or less.The purpose of the standard is to ensure safe braking performance under normal and emergency driving conditions.Included in FMVSS No. 135 is S7.8, Antilock functional failure, which is part of a series of individual system functional failure tests.The series also includes: S7.7, Stops with engine off; S7.9 Variable brake proportioning system functional failure; S7.10, hydraulic circuit failure; and S7.11, Brake power unit or brake power assist unit inoperative.

S7.8 is a performance test conducted with an ABS functional failure simulation.In order to simulate a functional failure S7.8.2(g)(1) includes the following test specification: "Disconnect the functional power source, or any other electrical connector that creates a functional failure."

In your letter you state:

If a complex electrical control system is the basis for the ABS, it is feasible . . . that there are more then [sic] one electrical inputs into the module that may or may not directly apply to the performance of the ABS.

You state further:

[T]he purpose of S7.8 is to provide a performance requirement for a single condition of ABS inoperative. . . . [I]t is up to the discretion of the representative conducting the test to ensure that the selection [of which electric connector to disconnect] has been accomplished appropriately to ensure that only the ABS has been disabled and tested.

You are correct that S7.8 of FMVSS No. 135 is intended to be performed with a single function failure in the ABS only.In fact, each individual system functional failure test referenced above is intended to verify only the performance of the single failure type to which it directly applies.In the final rule establishing FMVSS No. 135 (60 FR 6411) the Agency clarified that in the antilock functional failure performance test only a single ABS failure is covered.Under S7.8, if the Agency were to test a complex system, such as your letter describes, the Agency would simulate ABS functional failure by disconnecting any electrical connector that creates only an ABS functional failure.The Agency may contact the manufacturer for assistance in determining how to perform this failure and for a procedure that does not impact or has limited impact on other systems.

However, when FMVSS No. 135 was established, the Agency recognized the increasing integration of ABS into the service brake system.The Agency noted "if a functional failure of the ABS also affects or degrades the service brake system, no artificial means are [employed] to keep the service brake system intact when that failure is introduced." Therefore, if the electric control system for the ABS is designed such that an ABS failure cannot be isolated and simulated under S7.8 without also affecting some other braking function, then the antilock functional failure requirements must be met with both the ABS failure and the additional braking function failure.

I hope you find this information helpful.If you have any further questions please contact Chris Calamita of my office at this address or by phone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:135
d.11/18/02