ID: nht94-6.38

DATE: April 12, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ted H. Richardson -- Fleet Coordinator, Priefert Manufacturing Company, Inc. (Mt. Pleasant, Texas)

TITLE: None

ATTACHMT: Attached to letter dated 12/15/93 from Ted H. Richardson to Office of Chief Counsel, NHTSA (OCC 9478)

TEXT:

This responds to your letter and telephone call to this office asking our opinion regarding Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims for motor vehicles other than passenger cars. Your letter referenced a telephone conversation with Walter Myers of my staff about the applicability of FMVSS 120 to your product. As Mr. Myers informed you, the answer to your question depends on whether your product, the "Wishbone Carriage" used to position and carry the "Priefert livestock chute" is a "motor vehicle" (i.e., trailer) under our Safety Act and regulations. Based on the information we have, we believe the answer is no.

By way of background information, the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. S1381, et seq. (Safety Act), authorizes this agency, the National Highway Traffic Safety Administration (NHTSA), to issue safety standards applicable to motor vehicles. Section 102(3) (15 U.S.C. S1391(3)) of the Safety Act defines motor vehicle as:

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

NHTSA further defines "trailer" in 49 CFR 571.3 as:

(A) motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle.

Your letter enclosed a brochure containing pictures and other information relating to the livestock chute (Priefert Squeeze Chute, Model 91). The chute is farm equipment. The upper 2/3 of the chute is constructed of steel bars, while the lower 1/3 is composed of steel panels on both sides that can be lowered or removed. The chute comes with such accessories as head gate, tail gate, and calf table. The chute is positioned on the ground in a barnyard, feed lot, pasture, or field. It is used to channel livestock or, with the head and/or tail gate in place, to immobilize an animal for medicating, branding, tagging, and the like. Your information also describes the carriage that transports the chute. The Wishbone Carriage is a 2-wheeled U-shaped dolly which is designed to be manually attached to special fittings on the chute. With the carriage thus attached, the chute can be towed by vehicle to the next job site. Once at the next job site, the wheeled carriage is detached and the chute is once again placed on the ground for use.

Whether the Wishbone Carriage is a motor vehicle (trailer) depends on its on-road use. This agency has consistently held that vehicles designed and sold solely for off-road use, such as airport runway vehicles and underground mining equipment, are not considered motor vehicles even though they may be operationally capable of highway travel. Vehicles that have an abnormal body configuration that readily distinguishes them from other highway vehicles and that have a maximum speed of 20 miles per hour are not considered motor vehicles. Agricultural equipment, such as tractors, as well as equipment that uses the highways solely to move between job sites and which typically spend extended periods of time at a single job site, are not considered motor vehicles. That is because the use of these vehicles on the public roadways is intermittent and merely incidental to their primary off-road use.

We have determined that the Wishbone Carriage is not a motor vehicle, because it appears it will be primarily used to transport the chute from job site to job site on the farm. Not being a motor vehicle, the Federal motor vehicle safety standards, including FMVSS No. 120, would not apply to your product.

Please note, however, that if the Carriage is regularly used to carry the chute from farm to farm on public roads, or is used more frequently on the public roads than the use we anticipate, the agency may reexamine the determination that the carriage is not a motor vehicle. Also, you may wish to consult your attorney for information on possible operational restrictions on your product, such as State licensing and use laws and product liability.

I hope this information is helpful to you. We have enclosed a copy of FMVSS 120 and provided you our definition of a trailer, as you requested. Should you have any further questions or need additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

ID: nht94-1.88

TYPE: Interpretation-NHTSA

DATE: March 21, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Lawrence P. White -- Acting Director, Bureau of Motor Vehicles, Dept. of Transportation, Commonwealth of Pennsylvania

TITLE: None

ATTACHMT: Attached to letter dated 12/13/93 from Lawrence P. White to Mary Versie (OCC-9479)

TEXT:

This responds to your letter of December 13, 1993, asking several questions concerning a recent amendment to Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413; November 2, 1992). Your questions and the response to each follows.

1. The effective date - is it the chassis manufacturer's date of completion, the final stage manufacturer's date of completion, or somewhere in between?

The effective date for the November 2 final rule is May 2, 1994. Only vehicles manufactured on or after the effective date of an applicable requirement in a Federal motor vehicle safety standard must comply with that requirement. If a vehicle is manufa ctured in two or more stages, the final stage manufacturer is required to certify that the vehicle complies with "the standards in effect on the date of manufacture of the incomplete vehicle, the date of final completion, or a date between those two date s." (49 CFR Part S568.6).

2. Based on the formula for emergency exit space, is the area of the front service door to be included? Does this mean on a vehicle of 60 to 77 passengers, the only additional requirements beyond the front and rear doors is a left side exit door?

The November 2 final rule requires additional emergency exit area (AEEA) for some buses. The amount, if any, of AEEA which must be provided is determined by subtracting the area of the front service door and either the area of the rear emergency door or the area of the side emergency door and the rear push-out window, depending on the configuration of the bus (S5.2.3.1). These are the minimum exits required on all buses. If AEEA is required, the first additional exit which must be installed is a left side emergency door (for a bus with a rear emergency door) or a right side emergency door (for a bus with a left side emergency door and a rear push- out window). The number of exits may vary for buses which carry the same number of passengers, because the amount of area credited for each exit is the area of daylight opening, and because different variations of types of exits are possible. However, in the regulatory evaluation for the final rule, the agency estimated that a bus would not be required to have a roof exit (the second type of additional exit required) unless the capacity was greater than 62 (for a bus with a rear emergency door) or 77 (for a bus with a left side emergency door and a rear push-out window).

3. The "clear aisle space" required for exit to the proposed side

emergency door, according to federal specifications, can be met with a flip-up type seat or a clear opening of 12", as measured from the back of the door forward. Are there any specifications, definitions, or descriptions provided as to what would be co nsidered a "flip seat"?

The November 2 final rule allowed a flip-up seat to be adjacent to a side emergency exit door "if the seat bottom pivots and automatically assumes and retains a vertical position when not in use, so that no portion of the seat bottom is within" the requi red 12 inch aisle to the exit (S5.4.2.1(a)(2)(ii)). The agency did not otherwise define a flip-up seat, nor did it include any performance requirements for these seats.

4. Also, there is concern regarding school buses that are equipped with the "flip seat" by the emergency door opening and the possibility of school children, either intentionally or accidently, unlatching the door latch mechanism. Are the door latch me chanisms to be equipped to help prevent this from occurring?

Standard No. 217 includes requirements for the type of motion and force required to release an emergency exit (S5.3.3). One of these requirements is that the notion to release a door must be upward from inside the bus (upward or pull-type for school bus es with a gross vehicle weight rating of 4,536 kilograms or less). This is intended to lessen the chance of a door accidently being opened, without unnecessarily making the exit more complicated to open in an emergency. In addition, warning alarms are required for door and window exits to notify the driver that the exit has been opened.

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

ID: nht94-2.34

TYPE: Interpretation-NHTSA

DATE: April 12, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ted H. Richardson -- Fleet Coordinator, Priefert Manufacturing Company, Inc. (Mt. Pleasant, Texas)

TITLE: None

ATTACHMT: Attached to letter dated 12/15/93 from Ted H. Richardson to Office of Chief Counsel, NHTSA (OCC 9478)

TEXT:

This responds to your letter and telephone call to this office asking our opinion regarding Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims for motor vehicles other than passenger cars. Your letter referenced a telephone c onversation with Walter Myers of my staff about the applicability of FMVSS 120 to your product. As Mr. Myers informed you, the answer to your question depends on whether your product, the "Wishbone Carriage" used to position and carry the "Priefert live stock chute" is a "motor vehicle" (i.e., trailer) under our Safety Act and regulations. Based on the information we have, we believe the answer is no.

By way of background information, the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. S1381, et seq. (Safety Act), authorizes this agency, the National Highway Traffic Safety Administration (NHTSA), to issue safety standards applicable t o motor vehicles. Section 102(3) (15 U.S.C. S1391(3)) of the Safety Act defines motor vehicle as:

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

NHTSA further defines "trailer" in 49 CFR 571.3 as:

(A) motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle.

Your letter enclosed a brochure containing pictures and other information relating to the livestock chute (Priefert Squeeze Chute, Model 91). The chute is farm equipment. The upper 2/3 of the chute is constructed of steel bars, while the lower 1/3 is c omposed of steel panels on both sides that can be lowered or removed. The chute comes with such accessories as head gate, tail gate, and calf table. The chute is positioned on the ground in a barnyard, feed lot, pasture, or field. It is used to channe l livestock or, with the head and/or tail gate in place, to immobilize an animal for medicating, branding, tagging, and the like. Your information also describes the carriage that transports the chute. The Wishbone Carriage is a 2-wheeled U-shaped doll y which is designed to be manually attached to special fittings on the chute.

With the carriage thus attached, the chute can be towed by vehicle to the next job site. Once at the next job site, the wheeled carriage is detached and the chute is once again placed on the ground for use.

Whether the Wishbone Carriage is a motor vehicle (trailer) depends on its on-road use. This agency has consistently held that vehicles designed and sold solely for off-road use, such as airport runway vehicles and underground mining equipment, are not c onsidered motor vehicles even though they may be operationally capable of highway travel. Vehicles that have an abnormal body configuration that readily distinguishes them from other highway vehicles and that have a maximum speed of 20 miles per hour ar e not considered motor vehicles. Agricultural equipment, such as tractors, as well as equipment that uses the highways solely to move between job sites and which typically spend extended periods of time at a single job site, are not considered motor veh icles. That is because the use of these vehicles on the public roadways is intermittent and merely incidental to their primary off-road use.

We have determined that the Wishbone Carriage is not a motor vehicle, because it appears it will be primarily used to transport the chute from job site to job site on the farm. Not being a motor vehicle, the Federal motor vehicle safety standards, inclu ding FMVSS No. 120, would not apply to your product.

Please note, however, that if the Carriage is regularly used to carry the chute from farm to farm on public roads, or is used more frequently on the public roads than the use we anticipate, the agency may reexamine the determination that the carriage is not a motor vehicle. Also, you may wish to consult your attorney for information on possible operational restrictions on your product, such as State licensing and use laws and product liability.

I hope this information is helpful to you. We have enclosed a copy of FMVSS 120 and provided you our definition of a trailer, as you requested. Should you have any further questions or need additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

ID: nht95-5.49

TYPE: INTERPRETATION-NHTSA

DATE: August 4, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: The Honorable Chuck Chvala -- Wisconsin State Senator

TITLE: NONE

ATTACHMT: ATTACHED TO 7/24/95 LETTER FROM DOUG BURNETT TO DOROTHY NAKAMA

TEXT: Dear Senator Chvala:

This responds to a letter from U.S. Senator Russell D. Feingold on your behalf, asking whether a pending redefinition of Wisconsin's "school bus" definition would violate Federal law. Senator Feingold contacted the National Highway Traffic Safety Administration (NHTSA) because our agency administers the Federal requirements for school buses.

I appreciate this opportunity to address your concerns. As explained below, my review leads me to conclude that Wisconsin's contemplated redefinition of a school bus would not conflict with Federal law, insofar as the redefinition relates to the operation of school buses. However, an area of possible conflict relates to the requirements for mirrors on school buses.

By way of background information, Chapter 301 of Title 49 of the U.S. Code, authorizes NHTSA to issue Federal motor vehicle safety standards (FMVSS's) applicable to new motor vehicles and motor vehicle equipment. In 1974, Congress directed NHTSA to require new school buses to meet FMVSS's on specific aspects of school bus safety, including floor strength, seating systems, and crashworthiness. The legislation requires each person selling a new "school bus" to ensure that the vehicle is certified as meeting the school bus FMVSS's. Following the first retail purchase, the use of vehicles becomes a matter of state regulation.

NHTSA defines a "school bus" as a "bus" that is sold for purposes that include carrying students to and from school or related events, and defines a "bus" as a vehicle designed to carry 11 or more persons. 49 CFR 571.3.

We understand that the new definition contemplated by Wisconsin would exclude some vehicles that are school buses under our definition. Information from Mr. Doug Burnett of your staff indicates that the new definition would define a school bus as "a motor vehicle which carries 16 or more passengers (in addition to the operator)." Thus, a motor vehicle that can carry 11-16 persons (including the driver) would be a "school bus" for Federal purposes, but apparently not for Wisconsin's purposes.

Since the States, and not NHTSA, regulate the use of vehicles, the inconsistency would be immaterial with regard to requirements adopted by Wisconsin pertaining to the use of school buses. Wisconsin may set the operational requirements for those vehicles the State defines as "school buses" without regard to our school bus definition.

However, the inconsistency would matter at the point of sale of a new school bus. The FMVSS's specify requirements for school buses that do not apply to other buses. See, e.g., 49 CFR part 571.222, School bus passenger seating and crash protection. A decision by Wisconsin to adopt a definition other than the Federal definition of a school bus has no effect on the application of the Federal school bus safety standards to a vehicle. Any person selling a new "bus" (a vehicle designed to carry 11 or more persons) to a school must sell a certified "school bus," regardless of whether the vehicle is considered a school bus under Wisconsin law. The vehicle would have to be equipped with the safety features NHTSA requires for school buses.

The information provided by Mr. Burnett indicates that Wisconsin would redefine "school bus" for two purposes. First, Wisconsin would prohibit the operation of a "school bus" -- a vehicle with a capacity of 17 persons (including the driver) -- unless the bus has a specific type of mirror. (Section 347.40) As explained above, this requirement would not affect NHTSA's requirement that vehicles considered to be "school buses" under our definition must be equipped with the mirrors and other safety features we require for school buses, even if the vehicles are not "school buses" under Wisconsin law.

Chapter 301 further provides that a Federal standard preempts any state or local standard applicable to the same aspect of performance that is not identical to the Federal standard. 49 U.S.C. 30103(b). A State standard for mirrors that is not identical to the Federal standard is preempted unless it imposes a higher level of safety and is applicable only to vehicles procured for the State's own use (e.g., public school buses). Wisconsin's requirements for school bus mirrors could be preempted, depending on the type of mirror required and whether the vehicles equipped with it are public buses.

We understand that the second purpose of Wisconsin's contemplated redefinition of a school bus is to require privately-owned vehicles carrying 15 or fewer students to be insured by a policy providing specified minimum coverage. (Section 121.555). This provision concerns matters wholly within State law and would not conflict with Federal law.

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

ID: nht95-4.53

TYPE: INTERPRETATION-NHTSA

DATE: October 11, 1995

FROM: A.D. Fisher

TO: John Womack, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 11/21/95 LETTER FROM Samuel J. Dubbin to A.D. Fisher (A43; Std. 108)

TEXT: Dear Mr. Womack:

Enclosed are two documents covering the operation, features and highway safety attributes of a modified, rear, third signal light for private and commercial vehicles.

We have been advised by Mr. Blane Laubis, of NHTSA, to forward this to you for your evaluation. Please furnish us with your interpretation and comments about this product, including its use application, as applied to Federal Motor Vehicle Safety Standar d (FVMSS) #108.

Thank you very much for your time and consideration.

Sincerely,

Enclosures

THE ENLIGHTNER

Update May 31, 1995

"The Enlightner" replaces the third, center, high-mounted brake light as used in most modern day vehicles.

The light (or lens) has two colors, Red and Amber. The top half of the lens is Amber and the bottom half is Red.

Amber signals "Caution" and the Red signals "Stop" to the driver of the vehicle following a vehicle equipped with "the Enlightner".

Functions of "The Enlightner":

1. The Red portion is lighted when the brake pedal is applied, with the ignition "ON" or "OFF". This function overrides all other functions.

2. The Amber portion is lighted when the transmission selector lever is in any forward position with the accelerator pedal and the brake pedal not depressed. When the brake or accelerator pedals are depressed, the Amber light is "OFF".

When the transmission lever is in Reverse position, the Amber light flashes constantly at the rate of 90 flashes per minute. The flashing is continuous regardless of accelerator pedal and brake pedal positions as long as the transmission selector lev er is in Reverse position. This give a warning to everyone behind the vehicle that it is in Reverse and it about to back up or is backing up.

When the accelerator pedal is released ("OFF"), the Amber portion comes "ON", giving a "Caution" signal to the driver of the vehicle behind the vehicle equipped with "The Enlightner" that deceleration is taking place. When the accelerator and brake are not in use, the Amber portion is lighted. When power is reapplied by depressing the accelerator, the Amber light goes "OFF". When deceleration is taking place, Amber is "ON". When the brakes are applied, Amber goes "OFF" and Red comes "ON".

The advantages of "The Enlightener" over similar products is that it keeps the driver following behind totally informed (enlightened) as to the functions of the vehicle ahead. "The Enlightener" will reduce rear-end collisions (one of the most common acc idents) and reduce highway traffic injuries and fatalities.

Signed by Alfred D. Fisher Date June 1, 1995

Witnessed by Debra A. Thompson Date June 1, 1995

"The Enlightener"

According to U.S. Government statistics, there are over 10,000,000 highway accidents annually costing Americans $98,100,000,000 with an average cost per accident of over $9,800. Of the 10 million accidents, 25.3%, or approximately 2 1/2 million, are re ar-end collisions.

The average reaction time, from the instant the brake signal on a vehicle is seen until the brakes on the vehicle following it are applied, is 3/4 of a second. At 60 miles per hour, a vehicle travels 66 feet in 3/4 of a second. After the brakes are appl ied, the stopping distance for a car travelling at 60 MPH is a minimum of 146 feet. Therefore, the total distance from seeing the brake signal to a full stop is at least 212 feet.

Introducing "The Enlightener".........

featuring a Deceleration Caution Signal (DCS) in addition to the traditional third brake light. The instant the vehicle accelerator pedal is released and before the brake is applied, "The Enlightener" signals deceleration or a change of vehicle operatio n. It is estimated that the use of "The Enlightener" will reduce rear-end collisions over 41% and prevent thousands of highway injuries and fatalities. The reduction in costs to Americans would exceed $10.1 Billion annually.

In addition to the Deceleration Caution Signal (DCS), other features of "The Enlightener" include the DCS being illuminated when the vehicle is in any mode other than stopping or normal forward motion, and a flashing caution light when the vehicle transm ission selector lever is in reverse position.

"The Enlightener" is truly a unique innovation for improving highway safety that will save hundreds of lives, prevent thousands of injuries and save Americans billions of dollars annually.

ID: nht95-3.70

TYPE: INTERPRETATION-NHTSA

DATE: August 4, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: The Honorable Chuck Chvala -- Wisconsin State Senator

TITLE: NONE

ATTACHMT: ATTACHED TO 7/24/95 LETTER FROM DOUG BURNETT TO DOROTHY NAKAMA

TEXT: Dear Senator Chvala:

This responds to a letter from U.S. Senator Russell D. Feingold on your behalf, asking whether a pending redefinition of Wisconsin's "school bus" definition would violate Federal law. Senator Feingold contacted the National Highway Traffic Safety Admini stration (NHTSA) because our agency administers the Federal requirements for school buses.

I appreciate this opportunity to address your concerns. As explained below, my review leads me to conclude that Wisconsin's contemplated redefinition of a school bus would not conflict with Federal law, insofar as the redefinition relates to the operati on of school buses. However, an area of possible conflict relates to the requirements for mirrors on school buses.

By way of background information, Chapter 301 of Title 49 of the U.S. Code, authorizes NHTSA to issue Federal motor vehicle safety standards (FMVSS's) applicable to new motor vehicles and motor vehicle equipment. In 1974, Congress directed NHTSA to requ ire new school buses to meet FMVSS's on specific aspects of school bus safety, including floor strength, seating systems, and crashworthiness. The legislation requires each person selling a new "school bus" to ensure that the vehicle is certified as mee ting the school bus FMVSS's. Following the first retail purchase, the use of vehicles becomes a matter of state regulation.

NHTSA defines a "school bus" as a "bus" that is sold for purposes that include carrying students to and from school or related events, and defines a "bus" as a vehicle designed to carry 11 or more persons. 49 CFR 571.3.

We understand that the new definition contemplated by Wisconsin would exclude some vehicles that are school buses under our definition. Information from Mr. Doug Burnett of your staff indicates that the new definition would define a school bus as "a mot or vehicle which carries 16 or more passengers (in addition to the operator)." Thus, a motor vehicle that can carry 11-16 persons (including the driver) would be a "school bus" for Federal purposes, but apparently not for Wisconsin's purposes.

Since the States, and not NHTSA, regulate the use of vehicles, the inconsistency would be immaterial with regard to requirements adopted by Wisconsin pertaining to the use of school buses. Wisconsin may set the operational requirements for those vehicle s the State defines as "school buses" without regard to our school bus definition.

However, the inconsistency would matter at the point of sale of a new school bus. The FMVSS's specify requirements for school buses that do not apply to other buses. See, e.g., 49 CFR part 571.222, School bus passenger seating and crash protection. A d ecision by Wisconsin to adopt a definition other than the Federal definition of a school bus has no effect on the application of the Federal school bus safety standards to a vehicle. Any person selling a new "bus" (a vehicle designed to carry 11 or more persons) to a school must sell a certified "school bus," regardless of whether the vehicle is considered a school bus under Wisconsin law. The vehicle would have to be equipped with the safety features NHTSA requires for school buses.

The information provided by Mr. Burnett indicates that Wisconsin would redefine "school bus" for two purposes. First, Wisconsin would prohibit the operation of a "school bus" -- a vehicle with a capacity of 17 persons (including the driver) -- unless th e bus has a specific type of mirror. (Section 347.40) As explained above, this requirement would not affect NHTSA's requirement that vehicles considered to be "school buses" under our definition must be equipped with the mirrors and other safety feature s we require for school buses, even if the vehicles are not "school buses" under Wisconsin law.

Chapter 301 further provides that a Federal standard preempts any state or local standard applicable to the same aspect of performance that is not identical to the Federal standard. 49 U.S.C. 30103(b). A State standard for mirrors that is not identical to the Federal standard is preempted unless it imposes a higher level of safety and is applicable only to vehicles procured for the State's own use (e.g., public school buses). Wisconsin's requirements for school bus mirrors could be preempted, dependi ng on the type of mirror required and whether the vehicles equipped with it are public buses.

We understand that the second purpose of Wisconsin's contemplated redefinition of a school bus is to require privately-owned vehicles carrying 15 or fewer students to be insured by a policy providing specified minimum coverage. (Section 121.555). This p rovision concerns matters wholly within State law and would not conflict with Federal law.

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

ID: 8951

Mr. C.N. Littler
Coordinator-Regulatory Affairs MCI/TMC
Engineering Centre
1558 Willson Place
Winnepeg, Manitoba R3T 0Y4

Dear Mr. Littler:

This responds to your FAX and phone call of July 30, 1993 to Mary Versailles of my office. Your FAX enclosed information on a vehicle, the AMF Invader, which is built on a remanufactured MCI chassis, and advertised and sold as a new vehicle. You do not believe that such a vehicle should be considered a new vehicle. As Ms. Versailles explained on the phone, we can explain whether such a vehicle would be considered a new vehicle for purposes of laws and regulations administered by this agency, and the implications of such a determination. I suggest you also contact the Federal Trade Commission concerning whether it is appropriate to advertise this vehicle as new. To determine whether this vehicle can be titled and registered as new, you would have to contact the various states concerning their laws.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.; Safety Act) to issue Federal motor vehicle safety standards that apply to the manufacture and sale of 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 unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor does it endorse any commercial products. Instead, the Safety Act establishes a self-certification process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

After a vehicle's first retail sale, a provision affecting its modification is section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)) which provides:

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

It is possible that modifications on an existing vehicle may be so substantial that the resulting vehicle would be a new vehicle for purposes of compliance with the safety standards. In this case, the new vehicle would be required to be certified by its manufacturer as complying with all applicable safety standards in effect on its date of manufacture, just like every other new vehicle. This date would be the date such modifications were completed.

The agency has stated that a bus built with a new body is not considered a "new" vehicle if, at a minimum, the engine, transmission, and drive axle(s) are not new and at least two of these three listed components are taken from the same used vehicle (see, for example, August 11, 1987 letter to Mr. Ernest Farmer). The agency has also stated that a bus constructed from an old body and a new chassis is a new vehicle (see, for example, July 17, 1981 letter to Mr. Larry Louderback). When neither the body nor the chassis are completely new, the agency looks to see if the vehicle has so deviated from the original components and attributes that it may be considered a new vehicle, and one for which compliance with the safety standards is legally required, or whether it has retained a sufficient number of components and characteristics to be considered a used vehicle (see, for example, April 22, 1991 letter to Mr. Kent Morris).

You enclosed an article titled "The New Invader" from the August 1993 issue of National Bus Trader magazine. The manufacturing process for the Invader is described beginning on page 14. Page 16 of this article states, "the Invader is supplied with a new engine," but the article does not contain enough information to determine whether the vehicle, which includes both new and old parts, would be considered new. If the Invader has a new body, NHTSA would considered the vehicle to be new if the chassis lacks the used components referenced in the Farmer letter. Any new vehicle must be certified as complying with all applicable safety standards in effect on the date of manufacture before the vehicle can be sold in the United States.

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

Sincerely,

John Womack Acting Chief Counsel

cc: AMF 1830 LeBer Street, Montreal Quebec, Canada H3K 2A4 ref:571 d:1/10/94

ID: 9128

Mr. Christopher S. Spencer
Engineering
4100 Troy Road #206
Springfield, Ohio 45502

This responds to your letter about the brake reservoir requirements of Federal Motor Vehicle Safety Standard No. 121, Air Brake Systems (49 CFR 571.121). I apologize for the delay in our response. You stated that you are developing a new reservoir design to improve reservoir volume without increasing the need for space. You asked how to test your reservoirs since you believe that "(t)he safety standard does not clarify the test criteria specifically how the reservoir is to be sealed."

By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles and equipment meet applicable requirements. The following represents our opinion based on the facts provided in your letter.

Standard No. 121 establishes performance and equipment requirements for braking systems on vehicles equipped with air brakes. The standard's reservoir requirements for trucks and buses are set forth in section S5.1.2. That section requires these vehicles to be equipped with one or more service reservoir systems that meet specified performance requirements. Section S5.1.2.2 specifies the following:

Each reservoir shall be capable of withstanding an internal hydrostatic pressure of five times the compressor cutout pressure or 500 psi, whichever is greater, for 10 minutes.

The purpose of this requirement is to ensure that an air brake system reservoir has a minimum level of structural integrity. NHTSA has long interpreted the term "withstand" to require that there be no rupture or permanent circumferential deformation of the reservoir exceeding one percent. At one point, the agency issued an interpretation concluding that the term "withstand" meant that a reservoir can deform only slightly and must contain the applied pressure with only a limited pressure drop at any time during the test. However, NHTSA later withdrew that interpretation because it inadvertently increased the severity of the requirement. See 42 FR 64630, December 27, 1977, and 43 FR 9149, March 6, 1978.

You asked about this requirement in connection with a reservoir design that includes a bushing on the inside of an endcap. A weld is placed around the bushing.

You describe two different procedures you have used to seal the reservoir. In what you describe as "Test Criteria 1," a socket head plug is put into the bushing with 3 full wraps of tape. With this first method, you state that as the pressure is applied to the reservoir, the endcap starts to expand out. The bushing stretches with the endcap, and as the bushing stretches the threads are pulled away from the plug. The plug must therefore be retightened several times before the required pressure is reached. In your "Test Criteria 2," you state that a rubber grommet or washer is placed on the inside of the bushing and forced to expand to seal the bushings from the inside. You stated that this method checks the weld but removes the threads from the test. With the second method, you state that there was no failure at over five times the working pressure.

While Standard No. 121 does not specify a particular test procedure for this requirement, the language of S5.1.2.2 makes it clear that a reservoir must "withstand" for 10 minutes a condition where the reservoir is pressurized at the specified level. Therefore, in conducting a compliance test, NHTSA would pressurize a reservoir to the specified level. This would necessitate sealing the reservoir.

In considering how a particular reservoir would be sealed, it is important to bear in mind that the purpose of the test is to evaluate the reservoir's structural integrity and ability to withstand pressurization. I can offer you the following comments on the two alternative test methods you described. The first method (Test Criteria 1) would appear to evaluate a reservoir's ability to withstand pressurization. The threaded plug would appear to reasonably approximate how the reservoir would be sealed in an actual use situation. I note that the mere fact that the plug needs to be tightened during the test to achieve the specified level of pressure would not indicate a failure but would simply reflect minor air leakage around the plug.

The second method (Test Criteria 2) would not fully evaluate a reservoir's ability to withstand pressurization, since it would, as you recognized, remove the threads from the test, thereby creating an artificial seal. It is our opinion that a reservoir would not be capable of "withstanding" the specified hydrostatic internal pressure if the threads failed under such pressurization. This would represent a structural failure equivalent to a rupture.

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

Sincerely,

John Womack Acting Chief Counsel

ref:121 d:4/25/94

ID: Miller_tri-cycle 6102

Mr. Marshall V. Miller
Miller & Company P.C.
4929 Main Street
Kansas City, MO 64112

Dear Mr. Miller:

This is in response to a letter you sent to Mr. John Lewis of this agency, in which you asked if a three-wheeled, electric work cycle ("work cycle") your client is seeking to import would be classified as a "motor vehicle." As explained below, based on the information you provided us, our answer is no.

Title 49 U.S. Code 30112 prohibits the importation of any motor vehicle or motor vehicle equipment that is not certified to all applicable Federal motor vehicle safety standards. "Motor vehicle" is defined at 49 U.S.C. 30102(a)(6) as:

[A] vehicle driven or drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

In previous interpretations we did not consider vehicles designed and sold solely for non-public road use (e.g., airport runway vehicles and underground mining vehicles) as motor vehicles, even though they may be operationally capable of highway travel. [1]

When a vehicle has on-road capabilities, the agency looks at five factors to determine if it a vehicle is a "motor vehicle." [2]These factors are:

1. Whether the vehicle will be advertised for use on-road as well as off-road, or whether it will be advertised exclusively for off-road use;
2. Whether the vehicles manufacturer or dealers will assist vehicle purchasers in obtaining certificates or origin or title documents to register the vehicle for on-road use;
3. Whether the vehicle is or will be sold by dealers also selling vehicles that are classified as motor vehicles;
4. Whether the vehicle has or will have affixed to it a warning label stating that the vehicle is intended for use on the public roads; and
5. Whether States or Foreign countries have permitted or are likely to permit the vehicle to be registered for on-road use.

Taken as a whole, we have concluded that the work cycle is not a motor vehicle. Our conclusion is based on the following analysis of the five factors provided above.

As to the first factor, the vehicle will not be advertised for use on-road. Your clients business is primarily based on the manufacture and sale of work tractors used in industrialized settings. You stated that the work cycle would be solely advertised for use in similar off-road industrial settings.

Second, the work cycles U.S. dealer will not be assisting purchasers in obtaining certificates or origin or title documents to register the vehicle for on-road use. You explained that your client would be the sole dealer of the work cycle and that the company would not provide any certificate of origin or title documents sufficient to register the work cycles in any State.

Third, your client, the sole dealer of the work cycle, does not manufacture or sell any motor vehicles for on-road use.

Fourth, you stated that your client would place a warning label on each work cycle, in a prominent place, stating that the work cycles are not intended for use on public roads.

Fifth, while you did not state if the work cycle is permitted on public roads in China, you did state that to the best of your knowledge, no State has permitted the work cycle to be registered for on-road use. Further, you stated that because the work cycle does not have a VIN number, it is unlikely that any State would allow a work cycle to be registered for on-road use.

While we have concluded at this time that the work cycle is not a motor vehicle, we may re-evaluate our determination if we were to receive additional information indicating that the work cycles were being used on public roads on more than an incidental basis.

You may wish to consult the Occupational Safety and Health Administration (OSHA) to determine which, if any, OSHA regulations may apply to the work cycle.

If you have any further questions, please contact Mr. Chris Calamita of my office at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:591
d.10/7/03





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[1] See, Letter to Mr. Lane Francis, April 23, 2003 (A grain-vacuum manufactured primarily for use at agricultural sites is not a "motor vehicle."), and Letter to Mr. John L. Oberdorfer and Mr. Eric A. Kuwana, October 1, 1997 (a lift truck designed and manufactured to lift heavy loads on rough terrain and at industrial and construction locations is not a "motor vehicle.") [Enclosed]

[2] See, Letter to Mr. M. James Lester, June 26, 2001.[Enclosed]

ID: 7236

John J. Jacoby
President
Cleartec
1919 Paper Mill Road
Huntington Valley, PA 19006-5813

Dear Mr. Jacoby:

I have been asked to respond to your April 6, 1992 letter to former Secretary Skinner, because our agency, the National Highway Traffic Safety Administration (NHTSA), is the part of the Department of Transportation that administers the program about which you asked. Specifically, your letter asks whether there are any Federal regulations that affect a new product Cleartec has developed. The product, Clean Sweep Strips, is a transparent material applied to the windshield in a herringbone pattern, in the path of the wipers, to clean the wipers. I am pleased to have this opportunity to explain our regulations to you.

By way of background information, 103 of the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1392) authorizes NHTSA to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards. In addition, the Safety Act requires manufacturers to recall and remedy any motor vehicle or item of motor vehicle equipment that contains a safety-related defect.

Your letter states that Clean Sweep Strips could be manufactured into new windshields. If a windshield with Clean Sweep Strips were installed as original equipment by a manufacturer of a new motor vehicle, the manufacturer would have to certify that the vehicle, with the Clean Sweep Strips installed, complies with all applicable safety standards. NHTSA has issued two safety standards, compliance with which might be affected by the installation of your Clean Sweep Strips. First, Standard No. 205, Glazing Materials, establishes a number of requirements for light transmittance, abrasion resistance, and optical deviation and visibility distortion for windshields. Second, Standard No. 104, Windshield Wiping and Washing Systems, establishes requirements for a minimum area that must be wiped by the wiping system, and the frequency at which the wiping system must operate. Any manufacturer that installed your product as original equipment on a windshield would have to certify that the windshield continued to comply with Standards No. 205 and 104 with your product installed.

After the first sale to a consumer, a vehicle is no longer required by Federal law to conform to all safety standards. However, 108(a)(2)(A) of the Safety Act provides as follows:

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

This provision means that a manufacturer, dealer, distributor, or repair business cannot install your Clean Sweep Strips on any vehicle if such installation results in the vehicle no longer complying with Standard No. 205 or 104. Violations of this "render inoperative" prohibition are punishable by civil fines of up to $1,000 per violation.

I note that the "render inoperative" prohibition does not affect modifications made by vehicle owners to their own vehicles. Thus, individual vehicle owners may install your Clean Sweep Strips on their own vehicles, even if this installation causes the vehicles to no longer comply with applicable safety standards. Such installations may be regulated, however, by State law. If you are interested in further information on the provisions of State laws, you may wish to contact the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Virginia 22203.

Additionally, under the Safety Act, Clean Sweep Strips would be considered an item of motor vehicle equipment. Your company, as a manufacturer of motor vehicle equipment, would be subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety defects. In the event that NHTSA or a product's manufacturer determines that a product that is an item of motor vehicle equipment contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Finally, I have enclosed 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.

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

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosure

ref:104#205 d:5/29/92