ID: nht92-5.46

DATE: June 24, 1992

FROM: Kenneth Lenz -- HME Incorporated

TO: Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated July 1, 1992 (est.) from Paul J. Rice to Kenneth Lenz (A39; Std. 206)

TEXT:

I have been reviewing Federal Motor Vehicle Safety Standards (FMVSS) for applicability to fire trucks, specifically certain provisions of FMVSS 206.

There have been requests from fire departments to eliminate the interior and exterior door locks required by FMVSS 206, S4.1.3. The fire company's reasons for eliminating all door locks is that "the vehicle is used in emergency situations and a door that has been locked accidently may hinder the ability of the apparatus to respond".

I would appreciate and interpretation of FMVSS 206 on whether or not fire trucks are required to comply with this regulation or if an exemption from compliance with S4.1.3 can be obtained for fire trucks.

Thank you.

ID: nht92-5.47

DATE: June 24, 1992

FROM: Peter E. Reinert -- Counsel - Transaction, GE Plastics

TO: Paul Jackson Rice -- General Counsel, NHTSA

COPYEE: G. Robert McAllister

TITLE: Request for Interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 205 (the "Request")

ATTACHMT: Attached to letter dated 9/4/92 from Paul Jackson Rice to Peter E. Reinert (A39; Std. 205)

TEXT:

Dorothy Nakoma from your staff recommended that we direct our Request to your attention. Ms. Nakoma told us that it was not necessary that we contact anyone at the AAMVA for an interpretation of FMVSS 205 since the interpretation from NHTSH would be controlling over AAMVA. We also understood that we could expect to receive a response to our Request within sixty days from receipt.

Statement of Facts. General Electric Company ("GE") manufactures at its Mt. Vernon, Indiana plant LEXAN polycarbonate sheet (the "Sheet") which is used in applications for motor vehicles which FMVSS No. 205, S6--Certification and Marking--applies. GE and its distributors have agreed contractually that the distributors will be responsible for marking the Sheet with GE's DOT number in accord with section 6 ANZ 26 after the distributors receive the Sheet from GE and before the distributors ship the Sheet to the customer. The distributors are responsible contractually for marking the Sheet with GE's DOT number in the same manner as the distributors, if they cut the Sheet, are required by FMVSS No. 205, S6.4 and S6.5 to mark pieces after cutting with the GE DOT number.

Question. May GE, as a prime glazing material manufacturer having its own DOT number and being required to mark and certify in accordance with FMVSS No. 205, S6.1 and S6.2 the Sheet it manufactures in Mt. Vernon, ship the Sheet unmarked to its distributors?

Provided that the above question is answered affirmatively then what is the timing required in order to implement the new procedure wherein GE will not mark the Sheet initially? For example, would GE be required to file a notice in the Federal Register? Also, if GE is to continue as a registered prime glazing material manufacturer can GE cancel its existing DOT No. 94 and replace it with another new number.

If you have any questions regarding the above, or require any additional facts please do not hesitate to contact me at (413) 448-4672. We look forward to hearing from you.

G. Robert McAllister

ID: nht92-5.48

DATE: June 23, 1992

FROM: R. Marie McFadden -- Cable Car Concept, Inc.

TO: Paul Jackson Rice

TITLE: None

ATTACHMT: Attached to letter dated 8/20/92 from Paul J. Rice to R. Marie McFadden (A39; Std. 207; Std. 208)

TEXT:

We are a manufacturer of rubber tired trolleys, Road-Trains and Trolley-Trams. These vehicles can be used on the highway and are motorized, licensed vehicles. I have enclosed some spec sheets to give you an idea of what we build.

We would like a letter of interpretation on the following:

1 - Our small unit has a GVW of 12,300, we understand that we need seat belts for the driver only, this small unit is an eighteen passenger. Our largest is a thirty-two passenger unit with a GVW of 17,000 lbs.

2 - As you can see on our Tram specs we do have oak seats, is there a ruling on this at all.

3 - We have one seat on some of our vehicles that we refer to as a jump seat it is located in front of the entrance door, this seats two people and faces the driver. Would the same ruling apply to this seat as for the other passenger seats.

We have been manufacturing Trolleys for over twenty years, and are aware that new regulations came into effect Sept 1, 1991. We also have a copy of Federal Regulation #208. We would appreciate if you could interpretate the ruling before this date and after.

We appreciate your time, and await your reply.

Attachment

Brochure describes the Mini Trolly manufactured by Cable Car Concepts, Inc. (Text omitted)

ID: nht92-5.49

DATE: June 22, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Michael Gronowicz -- Keiper Recaro Seating, Inc.

TITLE: None

ATTACHMT: Attached to letter (fax) dated 5/12/92 from Michael Gronowicz to Paul J. Rice (OCC 7306)

TEXT:

This responds to your Fax of May 12, 1992, requesting an explanation of the term "render inoperative" as it is used in S108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)). In general, that section prohibits any manufacturer, distributor, dealer, or repair shop from making any modification or repair that would negatively affect a vehicle's compliance with an applicable safety standard. Violations of this "render inoperative" prohibition are subject to a civil penalty of up to $1,000 for each violation.

I hope you find this information helpful. If you are interested in how the "render inoperative" prohibition would apply to a specific factual situation, I would be happy to provide an opinion if you will describe the specific situation. If you would like any further information about this "render inoperative" prohibition, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

ID: nht92-5.5

DATE: July 31, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Carrie Minna

TITLE: None

ATTACHMT: Attached to letter dated 7/13/92 from Carrie Minna to Paul J. Rice (OCC 7548)

TEXT:

This responds to your letter of July 13, 1992, with respect to your wish to import certain motor vehicles for use off main highways, in "small guarded gate communities such as Golf resorts, small island communities, and possible elderly communities." The vehicles appear to be of Asian origin, are three-wheeled and carry from three to eight passengers. The top speed of the vehicles is 80 kph.

This agency interprets and enforces the National Traffic and Motor Vehicle Safety Act under which the Federal Motor Vehicle Safety Standards (the "standards") are promulgated. The Act defines a motor vehicle as one that is "manufactured primarily for use on the public streets, roads, and highways." You will see from this that the primary determinant of whether the vehicle you wish to import is a "motor vehicle" is the manufacturer's intent, rather than your intent as the purchaser. It is clear to us from the speed capability of the vehicle (not to mention that one of them carries a "taxi" sign) that these vehicles are motor vehicles within the meaning of the Act and are therefore required to meet all applicable standards in order to be imported into the United States, notwithstanding your intent to use them in traffic off the public roads.

The standards that the vehicles are required to meet are those that apply to motorcycles, specifically to brake hoses, brakes, brake fluid, lamps and reflectors, rearview mirrors, vehicle identification number, controls and displays, and glazing. If the motorcycles are originally manufactured to conform with the standards, and bear a certification to that effect affixed by their manufacturer, they may enter the United States as manufactured in compliance with the U.S. standards of this agency.

It is probable, however, that the vehicles have not been manufactured to conform with the standards. In order for a nonconforming vehicle to be imported, the Administrator of this agency must have determined that they are capable of being modified to comply with the standards. Such determinations are most frequently made on the petition of the manufacturer or an entity known as a "Registered Importer." A Registered Importer is one that has been recognized by the agency as capable of performing conformance work. Once the Administrator has determined that a vehicle is eligible for importation, it may be imported only by Registered Importers, or those who have contracted with a Registered Importer to perform the work necessary to bring the vehicle into compliance with the standards. No eligibility determinations have been made that cover the vehicles you wish to import.

If you are interested in pursuing this matter further, you may write Robert Hellmuth, Director, Office of Vehicle Safety Compliance, NHTSA, 400 Seventh Street SW, Washington, D.C. 20590. Mr. Hellmuth can provide guidance on the

motorcycle standards and other obligations, as well as a list of Registered Importers and information on the eligibility determination procedures.

ID: nht92-5.50

DATE: June 22, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: John W. Arnold, Jr.

TITLE: None

ATTACHMT: Attached to letter dated 5/5/92 from John W. Arnold, Jr. to NHTSA (OCC 7296)

TEXT:

This responds to your letter of May 5, 1992, concerning requirements for after-market seats. Your letter states that you had a vehicle accessories dealer, Orig. Equip. of San Angelo, install bucket seats in your 1992 Dodge Diesel Ram pickup. You state that, because the bucket seats seemed unsafe, you removed the bucket seats and reinstalled the original seats. You asked if the dealer was required to comply with Federal motor vehicle safety standards when installing the bucket seats.

The National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) authorizes this agency to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment to a consumer unless the vehicle or equipment item is in conformity with all applicable FMVSSs.

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

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

Any violation of this "render inoperative" prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation. Based on the allegations in your letter, it is possible that the accessories dealer that installed the aftermarket seats in your truck violated this provision of Federal law.

I have forwarded a copy of your letter to our Office of Enforcement for appropriate action. You may also wish to follow up by contacting NHTSA's Auto Safety Hotline at (800) 424-9393.

ID: nht92-5.6

DATE: July 29, 1992

FROM: Kevin R. Boyne -- Chief Engineer, Dynamics and Durability Engineering, Transportation Research Center Inc.

TO: Paul Jackson Rice -- Office of Chief Council

TITLE: None

ATTACHMT: Attached to letter dated 10/21/92 from Paul Jackson Rice to Kevin R. Boyne (A40; Std. 114)

TEXT:

This correspondence is a request for clarification of CFR Title 49, Part 571.114, Section 4.2.1 (FMVSS 114, "Theft Protection"). The Transportation Research Center Inc. (TRC) is conducting FMVSS certification tests on a passenger car for compliance, beginning September 1, 1992. The test vehicle is equipped with an automatic transmission and a console-mounted shift lever. There is no provision for an override device for the removal of the ignition key.

Section 4.2.1 requires each vehicle which has an automatic transmission with a "park" position to prevent removal of the key, unless the transmission shift lever is locked in "park" or becomes locked in "park" as the direct result of removing the key. The vehicle we are testing operates in the following manner:

Initial Condition - Engine running and shift lever positioned in "drive".

Action - The operator depresses the thumb button on the left side of the shift lever and moves the shift lever to the "park" position.

Point of Concern - As long as the thumb button is held in the depressed position, the ignition key can be rotated to the lock position and removed. Still holding the thumb button, the shift lever can later be moved to any position. Removal of the key will only occur in the "park" position.

Is this condition within the requirements of the standard?

The solenoid which prevents the moving of the key from the accessory to lock position, and subsequent key removal, is deactivated by the position of the shift lever. Additionally, the shift lever will only lock in "park" if the thumb button is released.

TRC has inspected other vehicles of similar layout for this condition and found it to exist in all three foreign-designed vehicles we tested. The one domestic-designed vehicle we inspected required release of the thumb button to permit rotation of the key to the lock position and subsequent removal.

Please provide TRC in writing, regarding the Chief Council's position. If you have any questions or require further information before you can determine a position, please contact the undersigned at (513) 666-2011. We thank you in advance for your expeditious reply.

ID: nht92-5.7

DATE: July 28, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Douglas Berg -- President, Ascend Productions

TITLE: None

ATTACHMT: Attached to letter dated 5/15/92 from Douglas Berg to NHTSA Legal Council (OCC 7322)

TEXT:

This responds to your letter requesting that the National Highway Traffic Safety Administration provide "recognition and support" for your item of motor vehicle equipment, the "Hazard Helper Safety Sign." You explained that this reversible device attaches to the driver's window and displays either a help needed symbol (a stick figure with extended arms and legs) or a hazard alert symbol (a triangle). Your sales literature indicates that the help needed symbol is intended to be displayed in the event of medical emergencies, mechanical breakdown, having a flat tire, or being stuck in snow or being out of fuel. The hazard alert symbol is intended to be displayed for going for gasoline, doing roadside repairs, resting, or awaiting known assistance.

As discussed below, this agency does not recognize, support or otherwise endorse particular products. Moreover, based on the information provided with your letter, it appears that your device would not comply with certain provisions of Federal Motor Vehicle Safety Standard No. 125, Warning Devices (49 CFR 571.125, copy enclosed).

By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the "Safety Act") gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 125, Warning Devices. The Safety Act provides that no person shall "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any new motor vehicle or new item of motor vehicle equipment unless the vehicles or equipment comply with the applicable standard. (See 15 U.S.C 1397(a)(1)(A).) NHTSA has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. Instead, the Safety Act establishes a self-certification process under which each manufacturer is required to certify that each of its products meets all applicable Federal Motor Vehicle Safety Standard. (See 15 U.S.C. 1403.) I am enclosing a general information sheet explaining NHTSA's regulations.

Section S3 of Standard No. 125 specifies that the standard "applies to devices, without self-contained energy sources, that are designed to be carried in motor vehicles, and USED TO WARN APPROACHING TRAFFIC OF THE PRESENCE OF A STOPPED VEHICLE, except for devices designed to be permanently affixed to the vehicle." (Emphasis added.) Your device has no self-contained energy source, is designed to be carried in motor vehicles, and is not permanently affixed to the vehicle.

Another condition set forth in S3 is that the device must be designed to be used to "warn approaching traffic of a stopped vehicle." Devices that are not intended to warn approaching traffic of a stopped vehicle, but only to alert passing traffic of the stopped vehicle's need for assistance,

are not subject to Standard No. 125. An example of such a device would be a "HELP" message printed on a folding cardboard sunshade.

The "help needed" portion of your device appears to be designed to function in the same manner as other non-warning devices, i.e., it does not appear to be intended to warn approaching traffic of a stopped vehicle, but to alert passing traffic that the stopped vehicle needs assistance. This portion of the device would therefore not be subject to Standard No. 125.

However, the "hazard alert" portion of your device does appear to be intended to warn approaching traffic of a stopped vehicle, and must therefore comply with all of the requirements of Standard No. 125. From the enclosed copy of the standard you will see that some of the specific requirements with which your device must comply include minimum size, durability, material, container, labeling, configuration, color, reflectivity, luminance, and stability. From the information you provided with your letter, it appears that your device would not comply with several of these requirements.

Please be aware that violations of Safety Act provisions are punishable by civil fines of up to $1,000 for each violation of a safety standard. In addition, the Act requires manufacturers to remedy their products if they fail to comply with any applicable safety standards.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

ID: nht92-5.8

DATE: July 28, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Berkley C. Sweet -- Vice President, School Bus Manufacturers Institute

TITLE: None

ATTACHMT: Attached to letter dated 5/29/92 from Berkley Sweet to Barry Felrice

TEXT:

This responds to your letter of May 29, 1992 asking what minimum passenger size (weight and height) was used in developing the requirements of Federal Motor Vehicle Safety Standard No. 222, School Bus Passenger Seating and Crash Protection. You noted that several school districts are now transporting newborn and under-school-age children to schools which provide day-care service, and that you have received inquiries concerning the "limits, if any, on passenger size and age that can be safely transported on school bus seats."

The National Traffic and Motor Vehicle Safety Act, defines a "school bus" as a vehicle that "is likely to be significantly used for the purposes of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools." NHTSA has never specified a passenger size and/or age range applicable to the compartmentalized school bus seats required by Standard No. 222. In developing the standard, however, NHTSA considered the range of sizes and ages of children attending preprimary through secondary school.

NHTSA has developed approximate size and weight guidelines for child restraint systems. For children from birth to 9-12 months (or up to 20 pounds), NHTSA recommends use of an infant or convertible seat facing the rear. For children from 9-12 months to 4 years (or 20 pounds to 40 pounds), NHTSA recommends use of a convertible or toddler seat. If a school is transporting children in these age and weight ranges, they may want to consider using a school bus with safety belts to secure a child restraint system. I have enclosed a consumer information sheet titled "Transporting Your Children Safely" for your information.

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

(Text of Consumer Information Sheet omitted.)

ID: nht92-5.9

DATE: July 28, 1992

FROM: Office of Chief Counsel -- NHTSA

TO: Thomas E. Wilde

TITLE: None

ATTACHMT: Attached to letter dated 9/9/92 from Paul Jackson Rice to Thomas E. Wilde (A39; Std. 208; VSA 108(a)(2)(A)

TEXT:

I am in the process of obtaining a patent for an airbag device designed to be installed in automobiles that do not already have factory-installed airbags (a.k.a. "retro-fit air bag"). The device will use current air- bag sensor/trigger technology and as such only the "bag" device and delivery method will be patented.

I would appreciate your office's advice or comments on any vehicle safety standards that may exist regarding the placement of a retro-fit device in a vehicle. My concern is that there may be some regulations that restrict the use of such devices. Please let me know if you have any questions. Thank you!