ID: nht95-3.16

TYPE: INTERPRETATION-NHTSA

DATE: June 15, 1995

FROM: Shih-Chiang Chen -- President, Top World Traffic Equipments Co. Ltd.

TO: Minister, DOT.

TITLE: Re our product: Brake Condition Warning Sensor

ATTACHMT: ATTACHED TO 7/10/95 LETTER FROM RICARDO MARTINEZ TO SHIH - CHIANG CHEN (A43; REDBOOK 2; STD. 108)

TEXT:

Dear Sirs,

I invented the "Brake Condition Warning Sensor" and applied for the patent right of 17 countries, including my country and your country. (For instance, the patent registration number in your country is 5059947)

The special properties of this patented product distinguishes itself from the similar products available on the market. It helps the third brake lamp to generate flashes of various levels due to the different speeds of stepping the brake when drivers me et various situations happened during the automobile travel in order to warn the drivers behind. Thus the drivers behind could make proper preparations and responses to prevent accident.

It has to been emphasized that the period of flashing from the third brake lamp by using this product is very short. Besides, it will act only when the driver must step down the brake. When the automobile completely stops, the light will automatically stops flashing, but still remain lit. This feature provides drivers with great convenience and safety. Therefore, this product is very popular with automobile industries since it became available on the market.

Although many people from your country take great interests in this product, they question about the "Flashing from the Third brake lamp". They think this product is not applicable and is arguable to the relevant communication codes in your countries.

The questions presented by people in your country are not unreasonable when they are first heard. However, after strict analysis, it is a total misunderstanding to the application range of flashing action. This product only generates the flashing actio n only on the third brake lamp, not relevant to the two tail lamps.

In other words, only the third brake lamp will flash by this device when drivers step the brake to respond to the road situation. The two tail lamps remain their normal function, lit but not flashing. It will not cause confusion to drivers' judgment. Instead, it warn the drivers behind to take proper approaches.

With regard to this point, the automobile industries in my country also questioned about the legal applicability at the very beginning. I requested the ministry of Communications for a proper explanation. The result showed that it is not in contraventi on of the regulation that "The Brake Lamp is Forbidden to Flash After Automobile Stops Completely." (See the attachment for a copy of letter from the Ministry of Communications.) The argument is ceased accordingly. Therefore, this product is legally appr oved and has gained a lot of good reputations.

Because I do not completely understand the relevant communication codes in your country, I will need your assistance to have a better understanding. Your reply will be highly appreciated.

Best regards!

P.S. An instruction is enclosed.

THE MINISTRY OF COMMUNICATIONS

LETTER

[Illegible Words] Received By: Mr. CHEN, SHIH-CHIANG [Illegible Word] To: Mr. CHEN, SHIH-CHIANG

Insurance Date: November 10, 1993 File No.: Lu-Tai-(1983)-Chien-Tzu No. 10182

1. Thanks for your letter dated November 14, 1993.

2. Regarding you pointed out our improper regulation: "The third brake light cannot shine when the car stays still." We have checked the regulation of inspecting the third brake light. The regulation requests new small cars should have the third light device and other items necessary for inspecting when the current highway registration & inspection offices proceed all light inspection.

3. Please bring your attention.

Department of Land Administration Ministry of Communication

(Affixed with the official seal)

(Brochure and patent information omitted.)

ID: Winbel_scooter_v5

Amir Ambar
Winbel, Inc.
6231 McLeod Drive # E
Las Vegas, NV 89120

Dear Mr. Ambar:

This responds to the interpretation request sent to us by Alan Schnitzer, Esq. on your behalf, asking if a scooter you are attempting to import into the United States is a "motor vehicle" for the purposes of the regulations administered by the National Highway Traffic Safety Administration (NHTSA). As explained below, it is our opinion that the scooter is not a motor vehicle.

The legislation establishing NHTSAs vehicle safety authority is set out at 49 U.S.C. Chapter 301. Under 49 U.S.C. 30112, a person may not import into the United States, "any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard prescribed under this chapter takes effect unless the vehicle or equipment complies with the standard[.]" "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.

When determining if a vehicle is manufactured primarily for use on the public streets, roads and highways, the agency will first look to see if the vehicle has on-road capabilities.

In an October 3, 1969, notice, the agency determined that while "mini-bikes" have on-road operating capabilities, they are not motor vehicles for the purpose of our standards. (34 Federal Register 15416; enclosed) At that time the agency found that "mini-bikes" were precluded from operation on public roads by a vast majority of States. The agency has determined this to still hold true. Further, "mini-bikes" were at that time promoted and advertised solely for off-road use.

The scooter that you are seeking to import was described as a "toy" intended for off-road use only. The literature submitted stated that the maximum speed of the scooter ranges between 12.5 and 16 miles per hour (mph). The scooter is shown to have an engine displacement of 36 cc, a height of 33 inches, and wheel diameters of ten and nine inches (front and rear, respectively). The owners manual and a label on the scooter warn against operating the scooter on public roads.

Based on the description provided, including its speed capabilities and small size, we conclude that the "scooter" you are seeking to import is properly characterized as a "mini-bike," and therefore is not a "motor vehicle" within the meaning of Chapter 301. The scooters low speed capability would prohibit it from being operated in normal moving traffic. This is reflected in the warning label. Further, the low sitting height and small wheel diameters are comparable if not smaller than those of the mini-bikes considered under the 1969 notice. While your scooter could theoretically be operated on public roads, we anticipate that because of its small size and absence of a Vehicle Identification Number (VIN), which is generally required by States for vehicles authorized to operate on public roads, incidents of its actual operation on public streets, roads, and highways will be comparatively rare. We recognize that the scooter is equipped with a headlight, horn, turn signals, and a mirror. While this equipment may be seen as equipping the scooter for road use, we note that this equipment is also sometimes present on bicycles and other non-motor vehicles as well.

While we have concluded at this time that the scooter you are seeking to import is not a motor vehicle, we may re-evaluate our determination if we were to receive additional information indicating that the scooter (or similar ones) were being used on public roads on more than an incidental basis, the scooter were to be advertised for use on public roads, or the characteristics of the imported scooters were not consistent with the descriptions provided.

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:571.3#597
d.11/26/03

ID: 7468-2

Ms. R. Marie McFadden
Cable Car Concepts Inc.
P.O. Box 6500
Deltona, FL 32728

Dear Ms. McFadden:

This responds to your June 23, 1992 letter requesting information on Federal regulations concerning safety belts and seating in vehicles manufactured by your company. These vehicles are the "Mini Trolley," the "Road Train," and the "Trolley Tram." You indicated that these vehicles can be used on the highway and are motorized, licensed vehicles.

I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we 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. The following represents our opinion based on the facts provided in your letter.

NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to answer your specific questions, it is necessary to determine how each of your vehicles is classified under our regulations. NHTSA defines a "bus" as "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." Your literature indicates that the "Mini Trolley" has a passenger capacity of 18, and that the power unit of the "Trolley Tram" has a passenger capacity of 22. Therefore, both of these vehicles would be considered a "bus" for the purpose of Federal regulations.

NHTSA defines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment." The power unit of the "Road Train" has seating capacity for only one passenger, and the primary use appears to be to draw the coaches. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations.

NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." The coaches for the "Road Train" and the "Trolley Tram" would be considered trailers for the purpose of Federal regulations.

Your specific questions and the answers to each follow. You asked us to answer these questions for vehicles manufactured both before and after September 1, 1991.

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.

The safety belt installation requirements are set forth in Standard No. 208, Occupant Crash Protection. This standard specifies requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds.

As explained below, buses such as the "Mini Trolley" and the power unit of the "Trolley Tram" are required to have, at a minimum, a lap belt at the driver's position; trucks such as the power unit of the "Road Train" are required to have, at a minimum, a lap belt at every designated seating position; and trailers such as the coaches for the "Road Train" and the "Trolley Tram" are not required to have any type of safety belt at any seating position.

The requirements for buses with a GVWR of more than 10,000 pounds are contained in S4.4 of Standard No. 208. Section S4.4.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in buses manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.4.1.1, requires vehicle manufacturers to provide an automatic protection system at the driver's seating position that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.4.1.2 requires vehicle manufacturers to install a lap or lap/shoulder belt at the driver's seating position. Buses manufactured on or after September 1, 1990 are allowed the same two options, however, S4.4.2.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of the lap/shoulder belt must have either an emergency locking retractor (ELR) or an automatic locking retractor (ALR).

The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Section 4.3.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in trucks manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.3.1.1, requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.3.1.2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seating position. Trucks manufactured on or after September 1, 1990 are allowed the same two options, however, S4.3.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of a lap/shoulder belt must have either an ELR or an ALR.

Standard No. 208 does not apply to trailers. Therefore, the coaches for the "Road Train" and the "Trolley Tram" are not required to have safety belts.

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

The seating requirements are contained in Standard No. 207, Seating Systems. This standard includes strength requirements for all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facing seats. Therefore, the driver's seat in the "Mini Trolley" and the power unit of the "Trolley Tram," and all "occupant seats" in the power unit of the "Road Train" must meet the requirements of Standard No. 207. The standard does not specify that seats must be made of a particular material; therefore, oak seats are permitted if they comply with the standard.

As with Standard No. 208, Standard No. 207 does not apply to trailers. Therefore, the seats in the coaches for the "Road Train" and the "Trolley Tram" are not subject to the requirements of Standard No. 207.

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.

As stated above, Standard No. 207 applies only to the driver's seat in buses such as the "Mini Trolley" or the power unit of the "Trolley Tram." If the jump seat is in the power unit of the "Road Train," and if it is not a side- facing seat, it must meet the requirements of Standard No. 207 if it is an "occupant seat" as defined in that standard.

Section S3 of Standard No. 207 defines an "occupant seat" as "a seat that provides at least one designated seating position." A "designated seating position" is defined at 49 CFR 571.3 as

any plain view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats.

Your letter does not contain enough information to determine whether your seat would be considered an auxiliary seating position. If it is, it is not subject to Standard No. 207.

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

ref:207#208 d:8/20/92

ID: 7468

Ms. R. Marie McFadden
Cable Car Concepts Inc.
P.O. Box 6500
Deltona, FL 32728

Dear Ms. McFadden:

This responds to your June 23, 1992 letter requesting information on Federal regulations concerning safety belts and seating in vehicles manufactured by your company. These vehicles are the "Mini Trolley," the "Road Train," and the "Trolley Tram." You indicated that these vehicles can be used on the highway and are motorized, licensed vehicles.

I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we 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. The following represents our opinion based on the facts provided in your letter.

NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to answer your specific questions, it is necessary to determine how each of your vehicles is classified under our regulations. NHTSA defines a "bus" as "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." Your literature indicates that the "Mini Trolley" has a passenger capacity of 18, and that the power unit of the "Trolley Tram" has a passenger capacity of 22. Therefore, both of these vehicles would be considered a "bus" for the purpose of Federal regulations.

NHTSA defines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment." The power unit of the "Road Train" has seating capacity for only one passenger, and the primary use appears to be to draw the coaches. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations.

NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." The coaches for the "Road Train" and the "Trolley Tram" would be considered trailers for the purpose of Federal regulations.

Your specific questions and the answers to each follow. You asked us to answer these questions for vehicles manufactured both before and after September 1, 1991.

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.

The safety belt installation requirements are set forth in Standard No. 208, Occupant Crash Protection. This standard specifies requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds.

As explained below, buses such as the "Mini Trolley" and the power unit of the "Trolley Tram" are required to have, at a minimum, a lap belt at the driver's position; trucks such as the power unit of the "Road Train" are required to have, at a minimum, a lap belt at every designated seating position; and trailers such as the coaches for the "Road Train" and the "Trolley Tram" are not required to have any type of safety belt at any seating position.

The requirements for buses with a GVWR of more than 10,000 pounds are contained in S4.4 of Standard No. 208. Section S4.4.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in buses manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.4.1.1, requires vehicle manufacturers to provide an automatic protection system at the driver's seating position that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.4.1.2 requires vehicle manufacturers to install a lap or lap/shoulder belt at the driver's seating position. Buses manufactured on or after September 1, 1990 are allowed the same two options, however, S4.4.2.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of the lap/shoulder belt must have either an emergency locking retractor (ELR) or an automatic locking retractor (ALR).

The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Section 4.3.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in trucks manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.3.1.1, requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.3.1.2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seating position. Trucks manufactured on or after September 1, 1990 are allowed the same two options, however, S4.3.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of a lap/shoulder belt must have either an ELR or an ALR.

Standard No. 208 does not apply to trailers. Therefore, the coaches for the "Road Train" and the "Trolley Tram" are not required to have safety belts.

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

The seating requirements are contained in Standard No. 207, Seating Systems. This standard includes strength requirements for all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facing seats. Therefore, the driver's seat in the "Mini Trolley" and the power unit of the "Trolley Tram," and all "occupant seats" in the power unit of the "Road Train" must meet the requirements of Standard No. 207. The standard does not specify that seats must be made of a particular material; therefore, oak seats are permitted if they comply with the standard.

As with Standard No. 208, Standard No. 207 does not apply to trailers. Therefore, the seats in the coaches for the "Road Train" and the "Trolley Tram" are not subject to the requirements of Standard No. 207.

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.

As stated above, Standard No. 207 applies only to the driver's seat in buses such as the "Mini Trolley" or the power unit of the "Trolley Tram." If the jump seat is in the power unit of the "Road Train," and if it is not a side- facing seat, it must meet the requirements of Standard No. 207 if it is an "occupant seat" as defined in that standard.

Section S3 of Standard No. 207 defines an "occupant seat" as "a seat that provides at least one designated seating position." A "designated seating position" is defined at 49 CFR 571.3 as

any plain view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats.

Your letter does not contain enough information to determine whether your seat would be considered an auxiliary seating position. If it is, it is not subject to Standard No. 207.

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

ref:207#208 d:8/20/92

ID: aiam5075

"Dear Mr. Under Secretary: This responds to your letter concernin United States tire regulations. You stated that some companies have been reported to be dumping defective and rejected tires in your country. In response to that situation, the Ministry of Commerce and Industry issued a decree requiring that all imported tires must be new, must comply with international standards, and must be accompanied by a quality certificate issued by an independent, officially recognized authority which has the capability of testing and proving the quality of the tires in accordance with the standards. You stated that you have been unable to obtain such a certificate from the United States, but have received one from a company called Societe Generale de Surveillance, which issues a certificate for each shipment separately and does only visual tests and not laboratory testing. You stated that you have studied this agency's tire standards and posed a series of questions to us which I will endeavor to answer below. By way of background information, under the National Traffic and Motor Vehicle Safety Act of 1966, ('Safety Act,' 15 U.S.C. 1381 et seq.), the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new motor vehicle equipment. Tires are considered motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards. Manufacturers of motor vehicles and motor vehicle equipment must certify that their products meet all applicable safety standards. All new tires sold in the United States for use on passenger cars must be certified as complying with Standard No. 109 (49 CFR Part 571.109), and all new tires sold for use on other motor vehicles must be certified as complying with Standard No. 119 (49 CFR Part 571.119). These standards specify performance requirements (strength, endurance, high speed performance, and for passenger car tires only, resistance to bead unseating), marking requirements (treadwear indicators and labeling information), and tire and rim matching information requirements. The process of certifying compliance with the applicable safety standards under the Safety Act is considerably different in the United States than in other countries. For example, the European nations require manufacturers to deliver tires to a governmental entity for testing. After the governmental entity tests the tires, the government approves those tires for use and assigns an approval code to the tires. The Safety Act, on the other hand, establishes a 'self-certification' process for tires sold in the United States. Under this process, the tire manufacturer, not a governmental entity, certifies that its tires comply with applicable safety standards. The Safety Act does not require that a manufacturer base its certification on a specified number of tests. A manufacturer is only required to exercise due care in certifying its tires. It is the responsibility of the individual tire manufacturer to determine initially what test results, computer simulations, engineering analyses, or other information it needs to enable it to certify that its tires comply with Federal tire safety standards. Once a manufacturer has determined that its tires meet all requirements of the safety standards, it certifies such compliance by molding the letters 'DOT' onto at least one sidewall of each certified tire. This agency does not perform any pre-sale testing or approval of tires. Rather, NHTSA randomly tests certified tires to determine whether the tires do, in fact, comply with applicable standards. For these enforcement checks, NHTSA purchases tires 'off the shelf' from retail tire dealers and tests those tires according to the procedures specified in the standards. If the tires pass the tests, no further action is taken. If the tires fail the tests and are determined not to comply with the standards, the tire manufacturer is required to remedy the noncompliance without charge. With the above background in mind, I now turn to your specific questions: 1. Must all tires manufactured and sold in the United States bear the 'DOT' mark? Answer: Yes, assuming that the tires are intended for use on motor vehicles. The 'DOT' symbol molded onto at least one side of the tire is the manufacturer's certification that that tire complies with all applicable safety standards. 2. What are the bases for granting the right to use the 'DOT' mark by tire manufacturers? Answer: The use of the 'DOT' symbol on tires is a requirement imposed on tire manufacturers and not a right which is granted. 3. Is the 'DOT' symbol required for tires intended both for domestic consumption and for export? Answer: NHTSA's safety standards do not apply to motor vehicles or motor vehicle equipment which are intended solely for export. Therefore, the 'DOT' symbol is required only for tires intended for use in the United States. 4. Is there a validity time for the use of the 'DOT' symbol? Answer: No. The symbol constitutes the manufacturer's certification that, at the time a new tire is manufactured, that tire complies with all applicable Federal safety standards. 5. What is the relationship between your administration and the Department of Transportation concerning the implementation of the 'DOT' symbol? Answer: NHTSA is a subordinate agency of the United States Department of Transportation. 6. What are the legal responsibilities of manufacturers by using the 'DOT' symbol? Answer: As indicated above, by placing the 'DOT' symbol on a tire the manufacturer certifies that, under the provisions of the Safety Act, the tire complies with all applicable Federal safety standards. 7. What are the responsibilities of manufacturers in case of violations of the 'DOT' symbol's role? Answer: If a tire is determined not to comply with a safety standard, the manufacturer is required to remedy the noncompliance without charge. In addition, violations of Safety Act provisions may result in civil fines. I hope that the information in this letter is helpful to you. Should you have any further questions, however, please feel free to contact Mr. Walter Myers of my staff at this address or by telephone at (202) 366-2992, FAX (202) 366-3820. Sincerely, Paul Jackson Rice Chief Counsel Enclosure";

ID: aiam4671

"Dear Mr. Johnston: This responds to your letter reporting a change i the locking system to be installed on the MY 1991 British Sterling car line. Although your letter does not explicitly request the agency determine that the change is of a de minimis nature and that therefore the Sterling vehicles containing the change would be fully covered by the previously granted exemption for Sterling vehicles, we are treating the letter as making such a request. The alternative to making such a request is to submit a modification petition under 49 CFR 543.9(b) and (c)(2). As you are aware, the Sterling car line was granted an exemption, pursuant to 49 CFR Part 543, from antitheft marking because Austin Rover showed that the antitheft device to be used in lieu of marking on the car line was likely to be as effective as parts marking. This exemption was issued on July 16, 1986, and appeared in the Federal Register on July 22, 1986 (51 FR 26332). In your letter, you stated that beginning with the start of MY 1991, Sterling Motor Cars (Sterling) plans an improvement in the antitheft device that is standard equipment on the Sterling vehicle. The change involves the consequence of opening of the trunk when the system is armed. Currently, the system, once armed, activates when the trunk is opened, even if it is opened with the key. In order to avoid this, the antitheft device must first be disarmed before the trunk is opened. It is our understanding that Sterling plans to change the system by allowing the system to be disarmed by opening the trunk with a key and rearmed by closing the trunk lid. However, if the trunk were to be forced open without a key, the alarm would still be activated. After reviewing the planned change to the antitheft device on which the exemption was based, the agency concludes that the change is de minimis. While the change means that opening the trunk with a key will no longer activate the alarm, the agency does not believe that activating the alarm under those circumstances contributes to theft prevention. The agency concludes that the antitheft device, as modified, will continue to provide the same aspects of performance provided by the original device and relies on essentially the same componentry to provide that performance. Therefore, it is not necessary for Sterling to submit a petition to modify the exemption pursuant to 543.9(b) and (c)(2). If Sterling does not implement the new antitheft device as described in your letter, or delays implementation until after MY 1991, we request that Sterling notify the agency of such decisions. Sincerely, Barry Felrice Associate Administrator for Rulemaking";

ID: aiam3949

Dear Mr. Bomhoff: Thank you for your letter of April 18, 1985, concerning th applicability of our safety standards to a passenger van you are designing. Specifically, you asked whether you can install a stationary, side-facing passenger seat with lap safety belts. As discussed below, you can use such a seat with a lap safety belt, but its use would be affected by Federal Motor Vehicle Safety Standards Nos. 207, *Seating Systems*, 208, *Occupant Crash Protection*, 209, *Seat Belt Assemblies*, and 210, *Seat Belt Assembly Anchorages*. A copy of each of those standards is enclosed.; Standard No. 207 specifies performance requirements for seats, thei attachment assemblies, and their installation, to minimize the possibility of seat failure resulting from crash forces. This standard is applicable to seats installed in vehicles including vans, but section 4.2 of Standard No. 207 excludes side-facing seats from the general seat strength requirements of the standard. However, there are other requirements in the standard which may apply to side-facing seats. For example, paragraph S4.3 requires a restraining device if the seat has a hinged or folding seat or seat beck.; Standard No. 208 sets requirements for the installation of safety belt in motor vehicles. You stated that the vehicle you are designing is a passenger van that carries under 10 passengers. If your vehicle carries a total of 10 persons (9 passengers and a driver) it would be considered either a multipurpose passenger vehicle (MPV), if it is manufactured on a truck chassis or has special features for occasional off-road use, or a passenger car.; If your vehicle is a passenger car, section 4.1.3(c) of the standar provides that each designated seating position for rear passengers can have a Type 1 (lap) or Type 2 (lap/shoulder safety belt) that conforms with Standard 209 and the adjustment and latch mechanism requirements of S7.1 and S7.2 of Standard No. 208. If your vehicle is a MPV, then S4.2.2, for MPV's with a GVWR greater than 10,000 pounds or less, or S4.3, for MPV's with a GVWR greater than 10,000 pounds, provides that each designated seating position for rear passengers can have a Type 1 or Type 2 safety felt that conforms to Standard No. 209.; Standard No. 210 sets performance requirements for safety belt anchorages in passenger cars, MPV's, trucks, and buses. The standard exempts side-facing seats from its strength requirements specified in S4.2, but all other requirements of the standard apply to side-facing seats. We strongly recommend that belt anchorages for side-facing seats be of at least equivalent strength to the anchorages for forward and rearward facing seats, since the strength specifications are only minimum performance requirements.; Sincerely, Jeffrey R. Miller, Chief Counsel

ID: aiam2655

Dear Mr. Kelley: This is in response to your letter of August 8, 1977, concerning th language in Title I of the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513) stating that 'to the maximum extent practicable, a bumper standard promulgated by the Secretary shall not preclude the attachment of detachable hitches.' In your letter you refer to correspondence dated May 5, 1976, on the same subject. I regret that due to an administrative oversight that letter was not answered.; In your letter you expressed your opinion that Congress intended i Title I to place an affirmative obligation on the National Highway Traffic Safety Administration (NHTSA) to ensure that vehicles are produced with bumpers that can accommodate detachable bumper hitches. The main support offered for your position is a comment by Congressman William Springer made at the time the conference bill was presented to the full House of Representatives. Mr. Springer's statement was that 'bumpers should be practicable and allow for the use of bumper hitches, that is, the hitches that you use to hook something else behind the automobile.' It appears that you have interpreted Mr. Springer's statement as indicating an intent that the bumper standard ultimately promulgated require that bumpers be designed to accommodate detachable bumper hitches.; Having reviewed the legislative history of Title I, I must disagre with your position. Congress was explicit in its direction that the agency express any bumper standard in minimum performance terms so as to allow the industry to make full use of its technological resources in devising a means of complying with the requirements. This mandate has been fulfilled by the agency. Part 581, *Bumper Standard*, provides that a vehicle be capable of meeting the specified damage criteria when involved in 5 mph impacts with a pendulum test device and a fixed barrier. Manufacturers are free to satisfy that performance level in whatever manner they choose. That manufacturing freedom would be compromised were the agency to require the production of vehicles with bumper systems suitable for detachable bumper hitches. Such a result would clearly be contrary to Congress' Title I directive.; With regard to the contracts with Calspan and Minicars, the vehicle developed under those programs are not required by law to satisfy a particular set of safety criteria. Under those contracts vehicles that meet high levels of safety, damage-resistibility, and fuel economy are to be developed. Accommodation of detachable bumper hitches is not a factor in any of those areas of concentration.; I want to assure you that the NHTSA shares your interest in providin the public with a means to tow. Our actions under Title I preserve the ability of manufacturers to produce bumper systems that continue to satisfy that public need.; Sincerely, Joan Claybrook

ID: aiam5176

"Dear Sir or Madam: We have received your 'Dear Mr. Van Orden' lette of May 4, 1993, which was addressed to me. You wish to import 3- and 4-wheeled vehicles from Europe 'for research and exploration', and have asked several questions relating to U.S. laws and D.O.T. requirements. Your first question is: 'Are there any safety standards and regulations for the above mentioned automobiles?' The answer is yes. All 3-wheeled motor vehicles are considered 'motorcycles' for purposes of compliance with the Federal motor vehicle safety standards that apply to motorcycles. Depending upon their configuration, but not upon their weight, 4-wheeled vehicles are either 'passenger cars', 'multipurpose passenger vehicles', 'trucks', or 'buses' for purposes of the safety standards. However, motor vehicles intended solely for purposes of research may be imported without the necessity of conforming them to the safety standards under the terms and conditions that the agency has set out in 49 CFR Part 591. Your second and third questions are whether there is a minimum speed standard regulation or weight limitations for the vehicles you wish to import. The answer is no. However, a motorcycle with 5-horsepower or less is considered a 'motor-driven cycle', and some of the motorcycle standards impose lesser requirements for motor-driven cycles, and motor-driven cycles whose speed attainable in l mile is 30 mph or less. Your fourth question relates to the conversions required to meet U.S. specifications and standards. As indicated previously, no conversion is required when the importation is solely for the purpose of research. If you wish to import vehicles that have been originally manufactured to meet the Federal motor vehicle safety, bumper, and theft prevention standards, the manufacturer will find those standards at 49 CFR Parts 571, 581, and 541, respectively. If you wish to import nonconforming vehicles for conversion after importation, then the agency must determine that the vehicles are eligible for entry pursuant to 49 CFR Part 593, and importation and conversion accomplished through a Registered Importer pursuant to 49 CFR Part 592. Your final question is whether the vehicles will be permitted on highways. This is a question that is not answerable under Federal law. Each State determines the criteria for licensing motor vehicles for use on the roads under its jurisdiction. If a State does not license a vehicle for on-road use (all terrain vehicles, minibikes, golf carts are examples), a basis exists for a manufacturer to determine that its vehicles are not 'motor vehicles.' If a vehicle is not a motor vehicle, i.e. one manufactured primarily for on-road use, then no Federal safety standards apply to it. If you have any further questions about the importation process, you should refer them to Mr. Van Orden at our Office of Vehicle Safety Compliance, Office of Enforcement. Sincerely, John Womack Acting Chief Counsel";

ID: aiam3870

Dear Mr. Kasagi: This is in reply to your letter of November 13, 1984, with respect t interpretations of the motorcycle headlighting requirements of Federal Motor Vehicle Safety Standard No. 108, and SAE J584.; You have asked 'whether other lighting systems than referred i S4.1.1.34, such as non-sealed beam head lamp with two bulbs, are acceptable or not.' The answer is yes. Non-sealed lamps meeting the requirements of SAE J584 are acceptable, including those with two bulbs, as the 'At- Focus Tests' paragraph of J584 is directed to 'light source or sources.'; Your next question is whether photometric compliance is judged when on light is on or two, including the maximum permissible output of 75,000 cd. The answer to this question depends on the design of the lamp, if it is designed so that both bulbs operate simultaneously, then photometrics including maximum output are determined with both bulbs operating. If the design is such that one bulb produces lower beam and the other the upper beam, then compliance is judged by that method of operation. Should one bulb produce both lower and upper beams and the other bulb perform an unregulated lighting function, then the photometric compliance would be judged with only the bulb used for the regulated function. In this case, however, the unregulated bulb must not interfere with the effectiveness of the headlamp. This also answers your final question about conduct of the out-of-focus test. It is to be conducted according to the design intent of the operation of the headlamp, i.e. the design function of each bulb or bulbs.; You have also asked about the geometrical center of a design when on of two bulbs (both with an upper beam and a lower beam filament apparently) is on. Operation of only one bulb alone would result in an assymetrical lighting display off the vehicle's centerline. This is permitted by S4.1.1.34 of Standard No. 108 for the sealed beam lighting systems specified therein. Therefore, we could not logically dissapprove (sic) of it for unsealed headlighting systems. However, if only one bulb performed both the lower beam function and the upper beam, and the other bulb performed an unregulated lighting function, then the bulb providing the lower/upper beams must be located on the vehicle's vertical centerline.; If you have any further questions, we shall be happy to answer them. Sincerely, Frank Berndt, Chief Counsel