ID: 3299yy

Air Mail

Richard Gray, Secretary Sports Car Club of New Zealand, Inc. P.O. Box 6282 Wellesley St, Auckland 1 New Zealand

Dear Mr. Gray:

This responds to your letter asking for information about whether certain motor vehicles manufactured in the United States and imported into New Zealand comply with the requirements of the U.S. Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, and Standard No. 208, Occupant Crash Protection. You explained that the New Zealand Ministry of Transport (MOT) is introducing new vehicle safety standards in an effort to align New Zealand's standards with those of the United States, Europe, Australia, and the United Kingdom. To that end, you stated that the MOT is requiring importers to ensure that the vehicles they import meet the relevant safety standards of these countries. You further indicated that you are responsible for providing proof to the MOT that certain privately imported, "low volume vehicles" (built in numbers less than 200 per year) comply with the requirements of their country of origin, or that the country has a special exemption for low volume vehicles. Accordingly, you asked for clarification of Standards No. 205 and 208, and other Federal regulations, as they would be applied to these vehicles. I am pleased to be able to provide the following information.

In the case of the United States, section 103 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards for new motor vehicles and new motor vehicle equipment. NHTSA has exercised this authority to issue a number of safety standards. The Safety Act then requires that all motor vehicles and motor vehicle equipment manufactured or sold in, or imported into, the United States comply with the safety standards adopted by NHTSA. Specifically, 108(a)(1)(A) of the Safety Act provides:

no person shall manufacture for sale, sell, offer for sale, or introduce or deliver into introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard and is covered by a certification issued under 114...

Generally speaking, then, to the extent that the vehicles you import are manufactured and sold in the United States, those vehicles would have to comply with all applicable safety standards, including Standards No. 205 and 208, regardless of the number of such vehicles produced by the manufacturer.

The fact that your letter is seeking proof that a motor vehicle actually complies with applicable safety standards may, however, indicate a misunderstanding of the certification process in the United States. The process of certifying compliance with applicable safety standards under the Safety Act is substantially different than that used in many other countries. For instance, many European nations require manufacturers to deliver motor vehicles to a governmental entity for testing. After the governmental entity itself tests the vehicle, the government approves the vehicle and assigns an approval code. In countries using such a pre-sale approval certification process, the governmental entity would have specific information about the actual compliance of vehicles with applicable standards.

In the United States, the Safety Act does not authorize NHTSA to do any pre-sale testing or approval of motor vehicles and motor vehicle equipment. Consequently, NHTSA does not have any "proof of actual compliance" of vehicles. Instead, the Safety Act establishes a self-certification process under which every manufacturer is required to certify that each of its products meets all applicable Federal safety standards. The vehicle manufacturer is required to certify that its vehicles comply with all applicable safety standards by permanently affixing a label to the driver's side door hinge pillar, door-latch post, or the door edge that meets the door-latch post. Among other things, that label must contain the statement: "This vehicle conforms to all applicable Federal motor vehicle safety standards in effect on the date of manufacture shown above."

Under the self-certification process used in the United States, NHTSA does conduct periodic enforcement tests on vehicles and items of equipment that have been certified by their manufacturer to ensure that the products do, in fact, comply with the safety standards. NHTSA also investigates alleged defects related to motor vehicle safety. In order for this agency to determine whether any of the vehicles imported into New Zealand were subject to an enforcement test or a defects investigation by this agency, you would have to provide us with specific descriptive information about each of the subject vehicles, including the date of manufacture.

It should be a simple exercise for you to check the area around the driver's side door of the vehicles in question to see if the manufacturer affixed a U.S. certification label, stating that the vehicle conforms to all applicable Federal motor vehicle safety standards. If the vehicle has such a label, there would not seem to be any reason for questioning the manufacturer's representation. On the other hand, if there is no such label, neither the vehicle's manufacturer nor anyone else has suggested that the vehicle conforms with the safety standards of the United States.

Finally, you asked whether the United States has any Federal regulations regarding the installation of registration plates on the front of vehicles. The answer is no; vehicle registration is a matter addressed by each of the individual States, not by the Federal government. Thus, the requirements for display of registration plates on the front of vehicles differ from State to State. If you are interested in further information on the requirements of the individual States, you may wish to contact: American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, U.S.A.

Sincerely,

Paul Jackson Rice Chief Counsel /ref:VSA d:1/23/92

ID: nht92-9.39

DATE: January 23, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA; Signature by Stephen P. Wood

TO: Richard Gray -- Secretary of Sports Car Club of New Zealand, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 11/11/91 from Richard Gray to Paul Jackson Rice (OCC 6724)

TEXT:

This responds to your letter asking for information about whether certain motor vehicles manufactured in the United States and imported into New Zealand comply with the requirements of the U.S. Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, and Standard No. 208, Occupant Crash Protection. You explained that the New Zealand Ministry of Transport (MOT) is introducing new vehicle safety standards in an effort to align New Zealand's standards with those of the United States, Europe, Australia, and the United Kingdom. To that end, you stated that the MOT is requiring importers to ensure that the vehicles they import meet the relevant safety standards of these countries. You further indicated that you are responsible for providing proof to the MOT that certain privately imported, "low volume vehicles" (built in numbers less than 200 per year) comply with the requirements of their country of origin, or that the country has a special exemption for low volume vehicles. Accordingly, you asked for clarification of Standards No. 205 and 208, and other Federal regulations, as they would be applied to these vehicles. I am pleased to be able to provide the following information.

In the case of the United States, section 103 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards for new motor vehicles and new motor vehicle equipment. NHTSA has exercised this authority to issue a number of safety standards. The Safety Act then requires that all motor vehicles and motor vehicle equipment manufactured or sold in, or imported into, the United States comply with the safety standards adopted by NHTSA. Specifically, S108(a)(1)(A) of the Safety Act provides:

no person shall manufacture for sale, sell, offer for sale, or introduce or deliver introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard and is covered by a certification issued under S114...

Generally speaking, then, to the extent that the vehicles you import are manufactured and sold in the United States, those vehicles would have to comply with all applicable safety standards, including Standards No. 205 and 208, regardless of the number of such vehicles produced by the manufacturer.

The fact that your letter is seeking proof that a motor vehicle ACTUALLY COMPLIES with applicable safety standards may, however, indicate a misunderstanding of the certification process in the United States. The process of certifying compliance with applicable safety standards under the Safety Act is substantially different than that used in many other countries. For instance, many European nations require manufacturers to deliver motor vehicles to a governmental entity for testing. After the governmental entity itself tests the vehicle, the government approves the vehicle and assigns an approval code. In countries using such a pre-sale approval certification process, the governmental entity would have specific information about the ACTUAL COMPLIANCE of vehicles with applicable standards.

In the United States, the Safety Act does not authorize NHTSA to do any pre-sale testing or approval of motor vehicles and motor vehicle equipment. Consequently, NHTSA does not have any "proof of actual compliance" of vehicles. Instead, the Safety Act establishes a self-certification process under which every manufacturer is required to certify that each of its products meets all applicable Federal safety standards. The vehicle manufacturer is required to certify that its vehicles comply with all applicable safety standards by permanently affixing a label to the driver's side door hinge pillar, door-latch post, or the door edge that meets the door-latch post. Among other things, that label must contain the statement: "This vehicle conforms to all applicable Federal motor vehicle safety standards in effect on the date of manufacture shown above."

Under the self-certification process used in the United States, NHTSA does conduct periodic enforcement tests on vehicles and items of equipment that have been certified by their manufacturer to ensure that the products do, in fact, comply with the safety standards. NHTSA also investigates alleged defects related to motor vehicle safety. In order for this agency to determine whether any of the vehicles imported into New Zealand were subject to an enforcement test or a defects investigation by this agency, you would have to provide us with specific descriptive information about each of the subject vehicles, including the date of manufacture.

It should be a simple exercise for you to check the area around the driver's side door of the vehicles in question to see if the manufacturer affixed a U.S. certification label, stating that the vehicle conforms to all applicable Federal motor vehicle safety standards. If the vehicle has such a label, there would not seem to be any reason for questioning the manufacturer's representation. On the other hand, if there is no such label, neither the vehicle's manufacturer nor anyone else has suggested that the vehicle conforms with the safety standards of the United States.

Finally, you asked whether the United States has any Federal regulations regarding the installation of registration plates on the front of vehicles. The answer is no; vehicle registration is a matter addressed by each of the individual States, not by the Federal government. Thus, the requirements for display of registration plates on the front of

vehicles differ from State to State. If you are interested in further information on the requirements of the individual states, you may wish to contact: American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, U.S.A.

ID: nht87-3.4

TYPE: INTERPRETATION-NHTSA

DATE: 09/25/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Wally Lang

TITLE: FMVSS INTERPRETATION

TEXT: Mr. Wally Lang Langco, In 1340 Walden Drive Elgin, IL 60120

Dear Mr. Lang:

I am pleased to respond to your request for a written statement of the legal requirements that would apply to a new product you plan to introduce. In telephone conversations with Steve Kratzke, of my staff, you described a new product that you would like to introduce. This product, which would be sold only as an item of aftermarket equipment, is a child safety seat belt buckle shield. This "buckle shield" is designed to prevent children from inadvertently or intentionally opening the buckle on a child r estraint system. The buckle shield would consist of a plastic strip that would completely cover the buckle on the child restraint. It would be clipped onto the child restraint belt on one side, and attached to the side of the buckle on the other side, so as to completely cover the buckle. To open the buckle, a person would have to firmly grasp the strip and pull it away from the child restraint system. The end of the strip clipped to the belt would pull off of the belt, thereby allowing the person to re lease the buckle.

Although we understand your concern that young children not be able to easily unbuckle a child safety seat, we have significant reservations about your product. I hope the following discussion explains those reservations and the effect of our regulations on your product.

Our agency has the authority to issue safety standards applicable to new motor vehicles and certain new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 213, Child Restraint Systems (49 CFR @571.213), which app lies to all new child restraint systems sold in this country. However, Standard No. 213 does not apply to aftermarket items for child restraint systems, such as your buckle shield. Hence, you are not required to certify that this product complies with th at Standard before selling the product.

Additionally, as Mr. Kratzke explained, you are not required to get "approval" from this agency before selling the buckle shield. NHTSA has no authority to "approve" motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. In stead the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seg.) establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically t ests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.

Although we do not have any standards that directly apply to your product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your buckle shield are subject to the requirements in sections 151-1 59 of the Vehicle Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. The agency does not determine the existence of safety defects except in the context of a defect proceeding, and thus is unable to say whether your product might or might not contain such a defect. However, the agency is concerned that people be able to easily and quickly operate a child safety seat buckle in an emergency. As the agency said two years ago on the re lated topic of the force level necessary to operate buckles in child restraints:

The agency's safety concerns over child restraint buckle force release and size stem from the need for convenient buckling and unbuckling of a child and, in emergencies, to quickly remove the child from the restraint. This latter situation can occur in i nstances of post-crash fires, immersions, etc. A restraint that is difficult to disengage, due to the need for excessive buckle pressure or difficulty in operating the release mechanism because of a very small release button, can unnecessarily endanger t he child in the restraint and the adult attempting to release the child. (50 PR 33722, August 21, 1985)

Your product could significantly increase the difficulty of using the buckle release and thus hinder a person attempting to release the belt in an emergency.

In addition, use of your product could be affected by section 108(a) (2) (A) of the Vehicle Safety Act (15 U.S.C. 1397(a) (21 (A)). That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in an i tem of motor vehicle equipment, such as a child safety seat, in compliance with the federal motor vehicle safety standards. Standard No. 213 specifies the elements of design with which a child restraint system might not comply if your buckle shield Here installed. Section 55.4.3.5 of Standard No. 213 requires the pushbutton release for any buckle on a child restraint to have a minimum area for applying the release force. Since your device will completely cover the buckle when installed, the buckle shiel d would cause the child restraint to no longer comply with this requirement. Therefore, commercial establishments cannot legally install your device on customers' child safety seats. In addition, section @5.7 of Standard No. 213 requires that each materi al used in a child restraints system shall comply with the flammability resistance requirements of Standard No. 302, Flammability of Interior Materials (49 CER 5571.302). If your buckle shield does not comply with the requirements of Standard No. 302, co mmercial establishments cannot legally install your device. The prohibition of section 108(a) (2(A) does not apply to individual vehicle owners who may install or remove any items on child restraint systems regardless of the effect on compliance with Standard No. 213. However, our policy is to encourage child res traint owners not to tamper with their child restraints. Installation of your product by any person would be inconsistent with that policy.

If you have any further questions, please contact Mr. Kratzke at this address or by telephone at (202) 366-2992.

Sincerely, Erika Z. Jones Chief Counsel

ID: nht88-3.100

TYPE: INTERPRETATION-NHTSA

DATE: 09/13/88 EST

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: BYUNG M. SOH -- MARKETING DIRECTOR TARGET MARKETING SYSTEMS, INC.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 6-20-88 TO NHTSA FROM BYUNG M. SOH, TARGET MARKETING SYSTEMS, INC. OCC-2196

TEXT: This is in reply to your letter of June 20, 1988, with respect to two motor vehicle lighting products which you intend to import into the United States. You have asked "whether these devices require approvals from D.O.T."

First let me explain that the Department of Transportation does not "approve" or "disapprove" specific products. It does advise whether a product appears allowable under the National Traffic and Motor Vehicle Safety Act and the Federal Motor Vehicle Safety Standards.

Your letter does not indicate whether you wish to market these devices as original equipment to be installed before initial sale of a motor vehicle, by either its manufacturer or dealer, or whether you intend to market them solely through the aftermarket. I shall address each situation. The Federal motor vehicle safety standard that applies to original equipment is Standard No. 108 Lamps, Reflective Devices and Associated Equipment. Paragraph S4.1.3 of Standard No. 108 allows additional motor vehicle equipment provided that it does not impair the effectiveness of the lamps and reflectors required as original equipment. Effectiveness may be impaired if the device creates a noncompliance in the existing lighting equipment or confusion with the signal sent by another lamp, or functionally interferes with it, or modifies its candlepower to either below the minima or above the maxima permitted by the standard. In addition, a motor vehicle must remain in conformance with Standard No. 108 (and all other safety standards) until its first purchase for purposes other than resale. There is no Federal standard that applies to your devices as aftermarket equipment, but the National Traffic and Motor Vehicle Safety Act prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative, in whole or in part, original lighting equipment.

Your first device is called a "foglight converter." The advertising literature attached states that its function is to turn "the existing

headlights...into foglights...." In our opinion, such a device would create a noncompliance with Standard No. 108 by rendering the headlamp function unavailable when the fog lamp converter is in use. We shall assume that the headlamp would be converted into a fog lamp meeting the specifications of SAE Standard J583 MAY81 Front Fog Lamps. None of the photometric test points of SAE J583 coincide with those specified for headlamps. Our further concern with this device is that a driver might fail to return to the headlamp mode from the fog lamp mode, and operate the vehicle with reduced frontal lighting.

The situation differs with respect to the aftermarket. Under the National Traffic and Motor Vehicle Safety Act, a manufacturer, distributor, dealer, or motor vehicle repair business may not perform modifications that render inoperative, in whole or in part, equipment such as headlamps added pursuant to a Federal safety standard. We believe that the installation of the converter could affect the operability of the headlamp within the meaning of the statutory prohibition. However, we note that the foglight converter is advertised as "easy for any driver to attach to any vehicle." As an owner is not a manufacturer, distributor, dealer, or motor vehicle repair business, the owner is not restricted under Federal law from modifications to his vehicle. He is, however, subject to the laws of the States in which his vehicle is registered and operated. We are not conversant with how State lighting laws might affect use of the foglight converter, and you may wish to obtain an opinion from the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

We have several other comments as well. The literature you enclosed depicts the foglight converter attached to what appears to be the European-designed H-4 bulb. Standard No. 108 does not permit headlamps with H-4 light sources to be sold for use on 4-wheeled motor vehicles. In addition, the application of the device where motion is translated from the lamp's exterior to the interior by a linkage in the bulb base would affect compliance with the requirement that the bulb base withstand a pressure differential of 10 psi. Additionally, creating a hole or passage for a linkage has the potential of rendering the headlamp noncompliant with Standard No. 108's requirements for certain environmental tests, such as resistance to dust, corrosion, and humidity.

Your second device is a "headlamp intensity modulator," adjusting a headlamp beam "automatically from low to high beam through a middle beam." According to your literature, when a sensor notes the beams of an oncoming car 500 meters ahead the upper beam gradually passes through a middle beam and diminishes into a lower beam when the vehicles are 150 meters apart. This device is also advertised as capable of owner installation, and without the modification of any vehicle parts. The system appears to operate by a switch. This device directly conflicts with Standard No. 108, and its use would create a noncompliance with it. Headlamps are defined as producing upper and lower beams, and means must be provided for switching between these beams. Use of the device would alter upper and lower beam characteristics from those required by Standard No. 108, and in effect create an infinite number of beams while passing from a conforming upper beam at one extreme to a conforming lower beam at the other. This precludes its use as original equipment. We

believe that its aftermarket legality would be limited. Although Federal law would not preclude an owner from installing it, the instructions are sufficiently complex that in our opinion many purchasers would seek to help from a "dealer" or "motor vehicle repair business," which could not be legally given. There would also remain the question of legality with State laws.

These appear to be innovative devices and we regret that we cannot be more encouraging.

ID: nht88-3.69

TYPE: INTERPRETATION-NHTSA

DATE: 10/14/88

FROM: ERIKA Z. JONES -- NHTSA

TO: N. BOWYER -- SENIOR ENGINEER HOMOLOGATION AND LEGISLATION LAND ROVER UK LIMITED

TITLE: NONE

ATTACHMT: UNDATED LETTER FROM N. BOWYER TO OFFICE OF CHIEF COUNSEL, NHTSA; OCC 1909; LETTER DATED 04/19/88 FROM D. BRUCE HENDERSON TO OFFICE OF CHIEF COUNSEL, NHTSA; OCC-1908

TEXT: Dear Mr. Bowyer:

This responds to your request for an interpretation of Standard Nos. 208, Occupant Crash Protection (49 CFR @571.208) and 209, Seat Belt Assemblies (49 CFR @571.209). I regret the delay in this response.

More specifically, you noted that S4.6.2 of Standard No. 208 requires dynamic testing of manual lap/shoulder belts installed at front outboard seating positions of light trucks and multipurpose passenger vehicles manufactured on or after September 1, 199 1. Section S4.6.3 of Standard No. 208 provides: "A Type 2 seat belt assembly subject to the requirements of S4.6.1 or S4.6.2 of this standard does not have to meet the requirements of S4.2(a)-(c) and S4.4 of Standard No. 209."

Section S4.6(b) of Standard No. 209 provides that: "A seat belt assembly that meets [the dynamic testing requirements] of Standard No. 208 shall be permanently and legibly marked or labeled with the following statement: This dynamically-tested seat belt assembly is for use only in [insert specific seating position(s), e.g., "front right'] in [insert specific vehicle make(s) and model(s)]."

You expressed your opinion that dynamically tested belts must be labeled with the information specified in S4.6(b) of Standard No. 209 if the belts do not comply with all of the requirements of Standard No. 209. In these situations, you suggested that t he labeling requirements help ensure that the belts will not be installed "into inappropriate vehicles." However, you stated your belief that the labeling requirements in S4.6(b) of Standard No. 209 do not apply to dynamically-tested manual belts that al so comply with all of the requirements of Standard No. 209.

Your understanding of these requirements is incorrect. Section S4.6(b) of Standard No. 209 provides that seat belt assemblies that meet the dynamic testing requirements in Standard No. 208 shall be marked or labeled with certain information. This secti on contains no exception for seat belt assemblies that meet the dynamic testing requirements and satisfy the performance requirements of Standard No. 209. The reason for not including any such exception was that the agency intended that all dynamically tested manual belts be marked or labeled with the information specified in S4.6(b).

You suggested that there is no reason to require labeling of belt assemblies that comply with all requirements of Standard No. 209, just because those belt assemblies also comply with the dynamic testing requirements when installed in a particular vehicl e. This assertion would be correct if the protection provided by safety belts depended only on the performance of the safety belts themselves. However, such is not necessarily the case.

We emphatically agree with you that a belt assembly that complies with all requirements of Standard No. 209 will provide very substantial protection to an occupant of any vehicle in a crash. However, the protection provided by safety belts to occupants of a particular vehicle depends on more than the performance of the belts themselves; it also depends on the structural characteristics and interior design of the vehicle. The dynamic testing requirements measure the performance of the safety belt/vehic le combination, while Standard No. 209 focuses on measuring the performance of the safety belts alone. See 52 FR 44899-44900; November 23, 1987.

With the advent of dynamic testing for light trucks and multipurpose passenger vehicles, NHTSA explained why Standard No. 209 was amended to require labeling of dynamically tested belts, regardless of whether those belts comply with all requirements of S tandard No. 209. The final rule establishing dynamic testing requirements for light trucks and multipurpose passenger vehicles explained that NHTSA was adopting the same belt labeling requirements previously adopted for passenger car belts. 52 FR 44898 , at 44907; November 23, 1987. In the preamble to the final rule establishing dynamic testing requirements for passenger cars with manual belts at front outboard seating positions, NHTSA explained why it was establishing belt labeling requirements for t hese dynamically tested safety belts. The agency said:

NHTSA believes that care must be taken to distinguish dynamically tested belt systems from other systems, since misapplication of a belt in a vehicle designed for use with a specific dynamically tested belt could pose a risk of injury. If there is a label on the belt itself, a person making the installation will be aware that the belt should be installed only in certain vehicles. 51 FR 9800, at 9804; March 21, 1986.

The same concerns apply to dynamically tested belts for light trucks and multipurpose passenger vehicles. Even if Land Rover installs dynamically tested belt systems that comply with all requirements of Standard No. 209 in all of its vehicles, those bel t systems might not be appropriate for use in other light multipurpose passenger vehicles. This is particularly

true if other light multipurpose passenger vehicles are designed for use only with specific dynamically tested belt systems different from the Land Rover belt system. The chances of the Land Rover belt system being installed in a vehicle for which i t would not be appropriate are minimized if there is a label on the belt system indicating that it should be installed only in specific seating positions in Land Rover models and any other vehicles for which the belt system is appropriate. Accordingly, the belt labeling requirements in S4.6(b) of Standard No. 209 apply to all dynamically tested belts for use in light trucks and multipurpose passenger vehicles, regardless of whether those dynamically tested belts comply with all other requirements of St andard No. 209.

You asked that we treat your request for an interpretation as a petition for rulemaking if, as we have done, we concluded that your suggested interpretation was incorrect. We will notify you of our response to this petition as soon as we complete our re view of it.

ID: nht87-1.74

TYPE: INTERPRETATION-NHTSA

DATE: 04/30/87

FROM: AUTHOR UNAVAILABLE; SIGNATURE UNAVAILABLE; NHTSA

TO: William L. Millard

TITLE: FMVSS INTERPRETATION

TEXT:

William L. Millard, Esq. Law Offices of Shirley F. Majors 2656 South Arlington Road Akron, Ohio 44319

Dear Mr. Millard:

This responds to your letter concerning the "emergency shutdown switch" which would allow a passenger to shut of the ignition on a vehicle. You indicate in your letter that your client, Anthony M. Mazzagatti, would like to sell this idea to the Departmen t of Transportation. Your letter has been forwarded for a response to the National Highway Traffic Safety Administration (NHTSA), an agency within the Department of Transportation. I regret the delay in responding to your letter.

This agency did not purchase or require the use of particular patented devices. By way of background information, the NHTSA is authorized under the National Traffic and Motor Vehicle Safety Act (Vehicle Safety Act, 15 U.S.C. 51391, et seq.) to issue safe ty standards applicable to new motor vehicles and motor vehicle equipment. These are performance standards which leave the choice about means of compliance to the manufacturer.

Since your client may wise to sell his device directly to manufacturers or to consumers, let me describe some Vehicle Safety Act provisions he should bear in mind. The NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipmen t for compliance with our Federal motor vehicle safety standards (FMVSS). Instead, under the Vehicle Safety Act, each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable F MVSS. A copy of the Safety Act is enclosed for your information.

This "self-certification" process requires each manufacturer to determine in the exercise of due care that its product meets all applicable FMVSS requirements. This agency periodically tests items of motor vehicle equipment for compliance with the standa rds, and also investigates alleged safety related defects. If your client or the agency determines that a safety related defect or noncompliance exists, your client would be obligated to notify purchasers of the product and remedy the problem without cha rge. Manufacturers who fail to provide notification of or remedy for a defect or noncompliance may be subject to a civil penalty of up to $1,000 per violation. (A general information sheet describing the responsibilities under the Vehicle Safety Act is e nclosed.)

If your client's product is installed in a previously certified new vehicle prior to its first sale to a consumer, then the person performing this alteration would be considered a vehicle alterer under the certification regulation, 49 Code of Federal Reg ulations (C.F.R.) 567, Certification. Part 567.7, Requirements for persons who alter certified vehicles, requires alterers to certify that the vehicle as altered complies with all applicable safety standards. The safety requirements that may apply to the installation of your client's device as described in your letter are Safety Standard No. 124, Accelerator control systems, and Safety Standard No. 101, Controls and displays. I have enclosed an information sheet describing how you can obtain copies of o ur regulations.

In addition, your client should be informed that the installation of this device in a used vehicle could be affected by S108(a)(2)(A) of the Vehicle Safety Act. This section provides, in part:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative...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 mot or vehicle safety standard....

Thus, a commercial business installing your client's product in a used vehicle would have to ensure that it did not knowingly render inoperative the vehicle's compliance with any of the safety standards.

Finally, please note that section 108(c) of the Vehicle Safety Act provides that compliance with these regulations does not preclude him from liability under common law for any accidents or injuries caused by the use of this device.

I hope that you find this information helpful.

Sincerely,

Erika Z. Jones Chief Counsel

Department of Transportation 400 Seventh Street S.W. Washington. DC 20590

Re: Safety Switch

To Whom It May Concern:

I represent Mr. Anthony M. Mazzagatti in his attempt to sell a low-cost safety device that can save many lives. This device can be called an Emergency Shutdown Switch (ESD Switch). This would take the form of a button located in the center of an automobi le dashboard; it would be wired to the ignition system so that, if pushed, it would shutdown the primary ignition circuit. The only way to reset the ignition would be to stop the car, put the shift lever in park, and turn the key off.

This would save lives in several situations.

1) If a passenger finds herself in the company of a driver who is inebriated or otherwise incapacitated, she can push the ESD Switch. The car would roll to a safe stop and the passenger would have time to exit the vehicle. The driver would have time to r ethink his driving and, perhaps, travel no further.

2) In a panic situation, such as a stuck accelerator pedal, either the driver or the passenger would have the ability to stop the car without turning off the ignition and locking the steering column. If the ESD Switch was mounted in the middle of a minia ture stop sign plaque attached to the dash, it would be more likely to be used by panic stricken drivers than the ignition switch.

The ESD Switch. for the first time, gives the automobile passenger a voice in the safe driving of a vehicle. Its cost would be but a few dollars. The payback would be immense, not only in lives and money saved, but also in peace of mind.

My client would like to sell this idea to you. Please contact me to discuss this matter further.

Sincerely,

William L. Millard. Attorney at Law

ID: 08-002986drn Angle Guard

ID: 06-007683rls

ID: 07-004355as

ID: nht94-2.6

TYPE: Interpretation-NHTSA

DATE: March 29, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Tom Delapp -- Executive Coach Builders, Inc. (Springfield, MO)

TITLE: None

ATTACHMT: Attached to undated letter from Tom Delapp to Chief Council, NHTSA (OCC 8868)

TEXT:

This responds to your letter requesting an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 206, "Door locks and door retention components," as it pertains to the locking mechanism of a so-called "5th" door installed on your limousines . I apologize for the delay in responding. We conclude that the locking mechanism on the 5th door is not prohibited by Standard 206.

Based on your letter and a conversation with David Elias of my office, I understand that you have replaced the extra panel on the right side of a 1993 Lincoln Town Car based limousine with a passenger door (i.e., the 5th door). The door consists complete ly of the original equipment manufacturer's materials and hinges. The 5th door is a supplementary door, and does not replace or effect in any way the two side rear doors with which your vehicles are normally equipped.

When the 5th door is closed, its locking mechanism engages automatically, and the door cannot be opened from the inside or the outside. A solenoid locking mechanism that unlocks the 5th door is located inside the vehicle in a "privacy panel" behind the driver's seat. For the driver to unlock the 5th door, the car must be stopped and the driver must then get out of the car and reach through a window into the area behind the driver's seat. The locking mechanism cannot be reached by the driver while sea ted in the driver's seat, and cannot be reached by the passengers in the rear seats. The 5th door cannot be accidentally opened; unless the locking mechanism has been actively disengaged, the door remains locked. Disengaging the locking mechanism for t he 5th door allows the driver to open the door from the outside, although passengers could push the door open from the inside, as well.

There are two pertinent requirements of FMVSS No. 206 to your situation. First, S4.1.3 (Door Locks) states that:

Each door shall be equipped with a locking mechanism with an operating means in the interior of the vehicle.

In two prior letters, to Mr. Charles Murphy on May 10, 1974, and to Mr. Gary Hackett on April 11, 1988, the agency interpreted S4.1.3 to mean that the locking mechanism must also be OPERABLE from within the vehicle.

The first question to be addressed is whether the 5th door meets the requirement of S4.1.3. We believe the answer is yes, the door is equipped with a locking mechanism with an operating means in the interior of the vehicle that is operable from within the vehicle. The operating means for the locking mechanism is in the interior of the vehicle in that the locking mechanism engages automatically when the 5th door is closed. While the means to

disengage the operating mechanism is not accessible to occupants in the vehicle, Standard 206 does not require the locking mechanism to be capable of being disengaged by an occupant. This is because the purpose of the standard is to minimize the chance that occupants of the vehicle will be ejected in a collision. Thus, the thrust of the standard is to ensure that occupants are retained within the vehicle, such as by requiring doors to have door locks that occupants are capable of locking.

The second pertinent requirement is S4.1.3.2 (Side Rear Door Locks), which states that:

... when the locking mechanism is engaged both the outside and inside door handles or other latch release controls shall be inoperative.

The 5th door appears to comply with S4.1.3.2, in that it cannot be opened from the outside or inside when the locking mechanism is engaged.

In a letter to Ms. C.D. Black, dated April 10, 1987, the agency interpreted a question on child safety locks that is relevant to your situation. The child safety lock operated as a "secondary locking system" that, when activated, rendered the inside rea r door handle incapable of opening the door. (It had no effect on the outside door handle.) As we stated in that letter, our conclusion was that Standard 206 permitted the child safety lock because the standard prohibits only secondary locking systems that interfere with the ENGAGEMENT, but not with the DISENGAGEMENT, of the primary locking system. In that letter, we wrote:

The answer to your question about the child locking systems is dependent on whether the systems interfere with an aspect of performance required by Standard No. 206. We have determined that the answer is no, because the requirements of... S4.1.3.2 are written in terms of what must occur when the primary system is engaged and impose no requirements regarding the effects of disengaging the system. Thus, the aspect of performance required by S4.1.3 for the interior operating means for the door locks is that it be capable only of ENGAGING the required door locking mechanisms. The aspect of performance required by S4.1.3.2 for door locks on the rear doors is that the inside and outside door hand les be inoperative when the locking mechanism is ENGAGED. Since we have determined that... S4.1.3.2 do(es) not address the effects of disengaging the required door locks--i.e., S4.1.3.2 does not require that the inside rear door handles b e operative (capable of releasing the door latch) when the required locking system is disengaged--a child locking system may be provided on a vehicle if it does not negate the capability of the door lock plunger (the operating means) to engage the door locks.

I hope this information has been helpful. If you have any further questions, feel free to contact Mr. Elias at the above address or by phone at (202)366- 2992.