ID: 1982-1.21

TYPE: INTERPRETATION-NHTSA

DATE: 03/05/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: BMW of North America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter asking several questions about the use of informational readout displays in relation to FMVSS 101-80, Controls and Displays; 105, Hydraulic Brake Systems; and 208, Occupant Crash Protection.

Each of your questions assumes the use of informational readout displays as telltales. The light intensity requirements of Standard No. 101-80 currently prevent informational readout displays from being used as telltales. Section 5.3.3 of the standard requires that informational readout displays must have at least two light intensity values, a relatively high one for daytime use and a relatively low one for nighttime use. The same section requires that the light intensity of telltales shall not be variable. Since it is not possible for an informational readout display to simultaneously meet both requirements, such a display cannot be used as a telltale.

The agency has recently issued a notice of proposed rulemaking (NPRM) that would permit informational readout displays to be used as telltales. We have enclosed a copy of that notice.

I would like to point out the following statement in the NPRM:

Various amendments may be necessary to Standard No. 101-80, as well as to several other safety standards which include requirements for warning indicators, to permit fuller use of informational readout displays. The amendments proposed by this notice are a first step in that direction.

We would welcome any comments that you might have on this matter to assist us in future rulemaking. You may also wish to consider submitting a petition for rulemaking on any changes that you believe should be made.

The following discussion explains the effect that the proposal would have on your questions.

Question 1

Your first question asks whether the words "Fasten Seat Belts" may be used in an informational readout display instead of the seat belt warning symbol under FMVSS 101-80 and 208. The answer would be yes under the proposal. The NPRM states:

Sections S4.5.3.3(b) and S7.3 of @ 571.208 would be amended to permit the words "Fasten Belts" or "Fasten Seat Belts" as an alternative to the seat belt warning symbol in informational readout displays.

Question 2 Your second question concerns the possibility of allowing cancellation of telltales by voluntary action on the part of the driver. The question asks whether it is permissible to provide a push button that enables drivers to cancel telltales. The answer to this question, which is not dealt with in the NPRM, is no.

While the question is asked separately for the seat belt telltale and telltales not required by any safety standard in the first place, the answer is not dependent on that distinction. Section S5.3.3 of Standard No. 101-80 requires that the light intensity of each telltale shall not be variable and shall be such that, when activated, that telltale and its identification are visible to the driver under all daytime and nighttime conditions. We interpret this section to mean that a telltale cannot be cancellable. If it were cancellable, the telltale would not meet the requirements that it not be variable and that it be visible to the driver under all daytime and nighttime conditions.

We note that the activation requirements for the seat belt telltale depend on whether it is for a manual belt or automatic belt. For a manual belt, section S7.3 of Standard No. 208 states that the seat belt assembly provided at the driver's seating position must be equipped with a warning system that activates for a period of not less than 4 seconds and not more than 8 seconds a continuous or flashing light. Thus, while a manufacturer has the discretion to provide an activation time of between 4 and 8 seconds, the telltale still may not be cancellable.

Section S4.5.3.3 requires a different type of warning system for automatic belts. While the audible signal must be activated for a period of not less than 4 seconds and not more than 8 seconds, the visual warning light must be activated for as long as the belt is not fastened.

Question 3

Your third question asks whether it is permissible to use an informational readout display to meet the visual brake warning system requirements of Standard No. 105. The answer would be yes under the proposal.

Section S5.3.5 of Standard No. 105 states:

Each indicator lamp shall have a lens labeled in letters not less than 1/8-inch high, which shall be legible to the driver in daylight when lighted. The lens and letters shall have contrasting colors, one of which is red . . . .

It is our interpretation that the illuminated pattern of letters and glazing of an informational readout display would constitute a "lens labeled in letters." This interpretation leaves unanswered other questions about whether a particular informational readout display would meet other requirements of Standard No. 105, such as the color requirement of section S5.3.5.

Question 4

Your fourth question asks whether an informational readout display specifying specific brake problems constitutes separate indicator lamps under the language of Standard No. 105, if a brake warning lamp is present which separately fulfills the requirements of S5.3.5 of Standard No. 105. The answer is no.

Section S3 of Standard No. 105 specifies various performance requirements for brake system indicator lamps. Under section S3.5, a manufacturer may meet the requirements either by a single common indicator or by separate indicator lamps.

It is our interpretation that if a manufacturer separately meets the requirements of section S3 by a single common indicator lamp, additional indicator lamps that are added voluntarily by the manufacturer are not subject to Standard No. 105's requirements.

Question 5

Your fifth question asks about the requirements for an informational readout display which is a telltale. The NPRM proposes the following language:

S5.3.3.2 Telltales and gauges incorporated into informational readout displays --

(a) Shall have not less than two levels of light intensity, a higher one for day and a lower one for nighttime conditions.

(b) In the case of telltales and gauges not equipped with a variable light intensity control, shall have a light intensity at the higher level provided under paragraph (a) of this section whenever the headlamps are not illuminated.

(c) In the case of telltales and gauges equipped with a variable light intensity control, shall be visible to the driver under all daytime and nighttime conditions when the illumination level is set to its lowest level.

The agency does find the system that you are considering developing very interesting. If you do submit a petition for rulemaking, there is one issue that we would appreciate your addressing. Our initial reaction to the idea of permitting drivers to cancel telltales is one of concern, since drivers might either cancel a telltale inadvertently or simply forget that they have done so. An informational readout display which flashed its warnings in sequence might answer those concerns. We would appreciate your addressing the safety consequences of those and any other alternatives that you might be considering.

Sincerely,

ATTACH.

BMW OF NORTH AMERICA, INC.

March 19, 1981

Frank Berndt -- Chief Counsel, National Highway Traffic Safety Administration, U.S. Department of Transportation

RE: Request for Interpretation Informational Readout Displays

Dear Mr. Berndt

This letter seeks confirmation of interpretations we discussed with Mr. Carson in our meeting with him on December 18, 1980. The questions we have relate to the use of Informational Readout Displays under FMVSS 101, 208, 105.

To better understand our questions, we are enclosing a description of the display system to which our questions apply.

Question 1

This question relates to the use of the words "Fasten Seat Belts" in the case of an informational readout display.

FMVSS 101-80, S5.2.3 permits informational readout displays to use the word or abbreviation shown in Table 2, Column 3 instead of the seat belt warning symbol. Column 3, however, provides no word or abbreviation, but instead refers to FMVSS 208. FMVSS 208, S7.3. only permits the use of words before September 1, 1980.

We believe this was an oversight when identification requirements of FMVSS 101 and 208 were consolidated in 45FR47151. In 43FR27541, it is made clear that NHTSA intends to further the development of readout displays by permitting optional use of symbols or words.

We request comment on our interpretation that the words FASTEN BELTS or FASTEN SEAT BELTS can be used in a readout display instead of a symbol to comply with the visual seat belt-warning requirements of FMVSS 101-80 and 208.

Question 2

This question relates to the activation or deactivation of displays by a voluntary manual action by the driver (pressing a push button control).

a. FMVSS 208, S7.3 requires a visual seat belt warning system that, triggered by the ignition, activates from 4 to 8 seconds. If a multi-message informational readout display is used as the visual seat belt warning (as described in Question 1), would it be permitted to provide a push button that cancels the seat belt warning by a voluntary manual action of the driver in favor of a readout for a malfunction or other warning. Would the above be permitted if a symbol in the readout went on for the duration of the 4 to 8 seconds?

b. FMVSS 101 by itself does not require that the displays listed in Table 2 be provided.

Basically the same question as 2a. applies to the other displays listed in Table 2, for which no requirement for activation in a reference standard exists.

If a multi-message informational readout display is used for any of those displays, would it be permitted to provide a push button that cancels such displays by a voluntary manual action of the driver.

Question 3

This question relates to the use of light emitting diodes or light emitting crystals to display the word "BRAKE" as required by FMVSS 105.

FMVSS 105, S5.3.5 requires a visual brake warning system using an indicator lamp with a lens labeled in letters. Would it be permissible to use an informational readout display for this purpose, considering the illuminated pattern of letters and its glazing as a "lens labeled in letters?"

Question 4

This question relates to the display of clarifying words in addition to the display "BRAKE."

FMVSS 105, S5.3.5 permits the use of a single brake warning indicator lamp, but requires that if separate indicator lamps are used for the various functions of S5.3.1(a)-(d), then each indicator must be separately and appropriately labeled. However, FMVSS 101-80, S5.2.3 in addition to the required words of Table 2, Column 3, permits the use of clarifying words at the manufacturer's discretion. If a separate, single brake warning indicator lamp, which by itself fulfills the requirements of FMVSS 105, is supplemented by an informational readout specifying the particular brake problem, would the readout be considered clarifying words or separate indicator lamp? The importance of this question is that, in the event of function checking (S5.3.2) or multi-malfunction (S5.3.5), while the BRAKE warning light would illuminate, the readout display could only illuminate one message at a time relative to the S5.3.1(a)-(d) functions.

We request comment on our interpretation that the readout constitutes clarifying words rather than separate indicator lamps because the brake warning lamp separately fulfills the requirements of S5.3.5.

Question 5

This question relates to the light intensity of informational readout displays.

FMVSS 101 S5.3.3.b requires: ". . . light intensities for informational readout systems shall have at least two values . . ." and ". . . The light intensity of each telltale shall not be variable and shall be . . . . visible to the driver under all daytime and nighttime conditions."

What are the requirements for an informational readout display if it displays a message which, by definition of FMVSS 101, S4, qualifies as a telltale?

We would appreciate your giving these questions your earliest possible attention.

Very truly yours

Karl-Heinz Ziwica, Manager -- Safety & Emission Control Engineering

Enclosures

DESCRIPTION OF SYSTEM

Display fields above speedometer, immediately in front of driver.

(Graphics omitted)

Display I

This display uses light emitting diodes or light emitting crystals to display words.

It displays the word "BRAKE" whenever required by FMVSS 105. Specific brake information will simultaneously appear on Display II.

Display II

This display uses light emitting diodes or light emitting crystals to display words.

This information readout display (multi-message) informs the driver of malfunctions or provides warnings.

Messages displayed are some of those listed in FMVSS 101-80, Table 2:

- Fasten seat belts

- Fuel level

- Oil pressure

- Coolant temperature

- Electrical charge

and in addition terms such as

- Brake wear

- Headlamp or taillamp

- Fluid levels (engine oil, transmission oil, coolant, washer)

In the event of a multi-malfunction, a computer chooses the message to be displayed on the basis of priority. The symbol to the right of the message field informs the driver of the existence of a multi-malfunction.

Display III

A warning light (lens and bulb) calls for the driver's attention and informs him of the importance of the message by either a blinking (high priority) or steady illumination (low priority).

Selector Control

With this push button control the driver can manually activate or deactivate the message on Display II (multi-message display).

In the case of a double malfunction, the first malfunction is indicated; after pressing the push button, the display indicates the second malfunction.

Example of the sequence of displays which are illuminated in case of a double malfunction: (Graphics omitted)

DRIVER PRESSES THE SELECTOR CONTROL.

(Graphics omitted)

ID: 1982-1.22

TYPE: INTERPRETATION-NHTSA

DATE: 03/08/82

FROM: SENATE

TITLE: SENATE BILL NO 1317; AMENDED IN SENATE 03/08/82

ATTACHMT: ATTACHED TO LETTER DATED 11/28/89 FROM STEPHEN P WOOD -- NHTSA TO WILLIAM E ALKIRE -- BRAKELIGHT ENHANCER, REDBOOK A34, STANDARD 108; LETTER DATED 08/24/89 FROM WILLIAM E. ALKIRE -- BRAKELIGHT ENHANCER, TO TAYLOR VINSON -- NHTSA, RE BRAKELIGHT ENHANCER; OCC 3876; SENATE BILL NO 684, CHAPTER 410; APPROVED 07/27/83

TEXT: AMENDED IN SENATE MARCH 8, 1982

SENATE BILL

No. 1317

Introduced by Senator Johnson

January 7, 1982

An act to amend Section 25251.5 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

SB 1317, as amended, Johnson. Vehicles.

Existing law permits a motor vehicle to be equipped with a system in which an amber light is mounted on the rear of a vehicle to communicate a component of deceleration.

This bill would authorize a motor vehicle to be equipped with 2 amber lamps which may be operated after deceleration as specified either separately or in combination with another lamp system.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

ID: 1982-1.23

TYPE: INTERPRETATION-NHTSA

DATE: 03/10/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: K-D Lamp Co.

TITLE: FMVSS INTERPRETATION

TEXT:

FMVSS INTERPRETATION

NOA-30

Mr. Chris Tuerck Assistant Chief Engineer K-D Lamp Company 1910 Elm Street Cincinnati, Ohio 45210

Dear Mr. Tuerck:

This responds to your letter asking whether your sample turn signal and hazard switch design complies with the labeling requirements of Federal Motor Vehicle Safety Standard No. 101-80, Controls and Displays.

By way of background information, I would point out that the agency does not give advance approvals of vehicles or equipment. The National Traffic and Motor Vehicle Safety Act places the responsibility on the manufacturer to determine whether its vehicles or equipment comply with applicable requirements. A manufacturer then certifies that its vehicles or equipment comply with all applicable standards. The following interpretation only represents the agency's opinion based on the information provided in your letter.

Your letter states that the switch is used primarily on Class 7 and Class 8 trucks and truck tractors. We therefore assume that it would only be used on trucks with a GVWR of 10,000 pounds or more. We make that assumption because Standard No. 101-80 includes requirements for a vehicle's displays in addition to its controls if it has a GVWR of less than 10,000 pounds. As explained below, it is our opinion that the sample switch does comply with the labeling requirements of Standard No. 101-80.

The sample turn signal and hazard switch is designed to be clamped onto a vehicle's steering column to the left of the driver and looks something like a box. We assume that the box is to be installed so that the side of the box which has two pushbuttons on it, marked 'R' and 'L,' is on the left. Pressing the 'R' pushbutton, which is located toward the back, activates the right turn signal. Pressing the 'L' pushbutton, which is located toward the front, activates the left turn signal. Both buttons must be pushed simultaneously for the hazard warning signal.

Most of the identification for the switch is located on top of the box. Just above the right turn pushbutton is a thick black arrow pointing to the right. Just above the left turn pushbutton is a thick black arrow pointing to the left. Above each pushbutton there is also a triangle outlined in black, i.e., the hazard warning symbol specified by Table 1 of Standard No. 101-80. Between those identifications is located a pushbutton, identified by the use of both words and symbols, which clears the turn signals or hazard warning signal. The top of the box also includes three jewel-type pilot indicators which indicate when the turn signals or hazard warning signal are activated and additional labeling explaining the method of operation for the hazard warning signal.

Section S5.2.1 of Standard No. 101-80 states in relevant part:

Vehicle controls shall be identified as follows:

(a) Except as specified in S5.2.1(b), any hand-operated control listed in column 3 of Table 1 that has a symbol designated in column 3 shall be identified by that symbol. Such a control may, in addition, be identified by the word or abbreviation shown in column 2. Any such control for which no symbol is shown in Table 1 shall be identified by the word or abbreviation shown in column 2. Additional words or symbols may be used at the manufacturer's discretion for the purpose of clarity. The identification shall be placed on or adjacent to the control. The identification shall, under the conditions of S6, be visible to the driver and, except as provided in S5.2.1.1 and S5.2.1.2, appear to the driver perceptually upright.

Both the turn signal and the hazard warning signal are listed in column 1 of Table 1 and have symbols designated in Column 3. Therefore, Standard No. 101-80 requires that those controls be identified by the designated symbols.

The primary issue raised by your design is whether the turn signal control symbol specified by Table 1, a pair of arrows, may be split where there are independent controls for the left and right turn signals. As explained below, it is our opinion that the pair of arrows may be split in that particular circumstance.

The symbol for the turn signal control is the same as the symbol specified by Table 2 for the turn signal display. A footnote to Table 2 explains that while the pair of arrows is a single symbol, the two arrows will be considered separate symbols when the indicators for the left and right turn operate independently and may be spaced accordingly.

Table 1 does not include that footnote for the turn signal control. A turn signal control would normally be expected to consist of one button or lever and would be required to be identified by the pair of arrows as one symbol. It is our interpretation, however, that the two arrows may be considered separate symbols where there are independent controls for the left and right turn signals, as in your sample switch. Separating the two arrows in such an instance has the advantage of indicating the direction of the signal activated by each pushbutton.

Table 2 also includes a footnote that indicates that the framed areas of the turn signal display symbol may be filled in. While Table 1 has a footnote that indicates that the framed areas of several symbols may be filled in, the turn signal control is not among those listed. It is our interpretation, however, in light of the footnote in Table 2, that a manufacturer may fill in the framed areas of the turn signal symbol whether it is used for a control or a display.

Thus, the symbols used on the sample switch for the turn signal controls are those specified by Standard No. 101-80.

Sincerely,

Original Signed By

Frank Berndt Chief Counsel

August 13, 1981

National Highway Traffic Safety Administration Office of Chief Counsel 400 Seventh Street, S.W. Washington. D.C. 20590

ATTH: Mr. Frank Berndt-Chief Counsel

Dear Mr. Berndt:

This is a request for a legal opinion regarding compliance of our Model KD723 Turn Signal and Hazard Switch with FMVSS 571.101-80 Controls and Displays. It is a push button switch of the clamp on style (see attached Instruction Sheet) and is used primarily on Class 7 and Class 8 trucks and truck tractors. This switch has been manufactured by K-D Lamp Co. for approximately twenty years and is specified by the McLean Trucking Co. on all their new truck tractors.

The push button design had led to some problems in marking the switch to meet 571.101-80 requirements. We had tried and discussed various designs of labels which would properly identify the various switch functions and had arrived at a design which we felt would be satisfactory. At about the same time an order was received from GMC Truck and Coach for their version of this switch. We discussed the label with their engineers and they in turn submitted the label design to their legal department for review. Their legal department was of the opinion that the label would bring our Model 723 switch into compliance with FMVSS 571.101-80.

There are three jewel type pilot indicators in the center of the cover. The two (2) outer indicators are green and meet the size (area of 3/16" dia. circle) and functional requirements of SAE Standard J588e Turn Signal Lamps which is a part of FMVSS 108. The same green indicators also meet the requirement of flashing simultaneously when the hazard system is turned on as specified in SAE Standard J910 Hazard Warning Switch. This standard is also a part of FMVSS 108. This latter function agrees in part with Note 2 under Table 2 of FMVSS 571.101-80. The center pilot indicator is red and serves only as a delineator between the two green indicators.

Early this year I visited with Mr. John Carson, Office of Vehicle Safety Standards and Mr. Edward Glancy of your office to discuss the subject switch. They, quite properly did not offer any solutions for bringing the switch into compliance. They suggested that, when we developed a method and design for marking the switch, we send you all the pertinent information along with a print of the label and switch (print attached) and a sample switch with label to show the color scheme. They felt that the print and the sample switch would provide sufficient data so that your office could determine if the switch is in compliance with FMVSS 571.101-80. Under seperate cover we are sending the switch via UPS to your attention.

We apologize for being so late in requesting your opinion and respectfully ask that this matter be handled as expeditiously as possible since the final dead line of September 1,1981 is very near.

Sincerely,

Chris Tuerck Ass't. Chief Engineer

ID: 1982-1.24

TYPE: INTERPRETATION-NHTSA

DATE: 03/17/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Michelin Tire Corporation

TITLE: FMVSR INTERPRETATION

TEXT:

NOA-30 Mr. John B. White Engineering Manager Technical Information Dept. Michelin Tire Corporation One Marcus Avenue Lake Success, New York 11042

Dear Mr. White:

This responds to your recent letter requesting an interpretation concerning the requirements of 49 CFR Part 574, Tire Identification and Recordkeeping. Specifically, you asked whether Michelin could use two different size codes in the tire identification number to identify tires of the same size. You asserted that this assignment of differing size codes would not impair Michelin's ability to conduct a recall of tires of that size, should such a recall be necessary. As long as Michelin maintains accurate records of the size codes assigned to the various tire sizes, it would be permissible to assign more than one size code to each tire size.

At the outset, it is important to note that the size code in the tire identification number is not the means used by the consumer to determine the size of the tires on his or her car. Section S4.3(a) of Standard No. 109 and section S6.5(c) of Standard No. 119 specify that the tire size designation must be labeled on both sidewalls. The size designation is the exact size and is not the same as the size code. To satisfy this requirement, Michelin should label all tires of the same size with just one size designation.

For purposes of record keeping, paragraph S574.5 requires that each tire be labeled with a tire identification number, and that this identification number contain four groupings of information. The first grouping is a symbol identifying the manufacturer (the symbol is assigned by this agency); the second grouping is a symbol identifying the tire size; the third grouping is an optional symbol containing further information on the specific characteristics of the tire; and the fourth grouping is a symbol identifying the week the tire was manufactured.

There is no requirement in Part 574 which prohibits more than one tire size code from being assigned to each tire size. Additionally, the purpose of the tire identification number requirements in Part 574 is to facilitate effective recalls of the tires from the public if those tires are found not to comply with an applicable safety standard or if the tires contain a safety-related defect. For tire manufacturers such as Michelin, this purpose is served by the requirement that the manufacturer keep records of the names and addresses of the initial purchaser of each of its tires for at least three years, as specified in paragraph S574.7. As you noted in your letter, this purpose would not be defeated if a manufacturer assigns more than one size code to a given tire size. Accordingly, a manufacturer may assign more than one size code in the tire identification number for a given tire size, since this is not specifically prohibited by Part 574 and does not conflict with the purpose of that Part.

Sincerely,

Frank Berndt Chief Counsel

REF: PART 574

18 January 1982

General Counsel U.S. Department of Transportation National Highway Traffic Safety Administration Washington, D.C. 20590

Gentlemen:

This is to request an interpretation of Part 574 - Tire Identification and Record Keeping.

Paragraph R574.5(b) requires that the second group of two symbols be used to identify the tire size. In addition, it requires that each new tire manufacturer shall maintain a record of each symbol used with the corresponding matrix or tire size and shall provide such record to the NHTSA.

Circumstances have arisen that will require us to use a size code for particular tire sizes that will be different than the code used on other tires of the same size. In other words in some cases we will have two different size codes for tires of the same size. This will, in no way, prevent us from maintaining control of tire location and tire records as required by the standard. Nor would it interfere with our ability to effectively recall such tires if necessary.

We do not think that this would be in violation of the standard but respectfully request your confirmation.

Yours truly,

MICHELIN TIRE CORPORATION Technical Group

John B. White Engineering Manager Technical Information Dept.

abb

ID: 1982-1.25

TYPE: INTERPRETATION-NHTSA

DATE: 03/17/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Transportation Products Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

MAR 17 1982

NOA-30

Mr. E. L. Anderson Project Engineer Transportation Products Inc. P.O. Box 329 Suffern, New York 10901

Dear Mr. Anderson:

This responds to your February 18, 1982, letter asking for an interpretation of Standard No. 217, Bus Window Retention and Release. In particular, you question the requirement of section S5.3.3 which specifies that a continuous warning device shall sound when a school bus ignition is in the "on" position and the release mechanism for an emergency door is not closed. You ask whether depressing the button on the outside of the door should activate the warning device.

The actual requirement of S5.3.3 states that the warning device must be audible when the release mechanism is not in the closed position. The release mechanism is that mechanism that keeps the door from opening. So, for example, if the outside button were depressed but the actual door latch did not open and the door would not itself open, it would not be necessary for the warning device to actuate. However, I assume that the outside button releases the latch which in turn allows the door to open. If this is the case, then at the moment that the latch is released, the warning device must be audible. If this did not occur, it would be possible that the door could be in an open position with the vehicle operating and without the knowledge of the occupants.

I hope that this resolves the question for you.

Sincerely,

Frank Berndt Chief Counsel

February 18, 1982

U.S. Department of Transportation National Highway Safety Administration Office of Chief Counsel 400 Seventh Street, S.W. Washington, D.C. 20590

Gentlemen:

We are requesting an interpretation of Paragraph S 5.3.3. of Federal Motor Vehicle Safety Standard 217. The paragraph in question is: "When the release mechanism is not in the closed position and the vehicle ignition is in the "on" position, a continuous warning sound shall be audible at the driver's seating position and in the vicinity of the emergency door having the unclosed mechanism."

The standard two and three point locking mechanism used on our school buses complies with this paragraph. However, in compliance with a specific application for a customer, the van manufacturer's locking mechanism which consists of a push button outside the van body and a pull type handle on the interior of the van body were retained. In order to comply with the aforementioned paragraph, a warning light and buzzer, a door jamb switch and related micro switch and related wiring were installed by us. (Wiring schematic attached).

The question concerns the push button outside the van body that actuates the door release mechanism. Does depressing the button on the outside of the door require a visible and audible device as outlined in paragraph S 5.3.3?

Trusting we have provided you with sufficient information to provide me with an answer in the next few days, we remain,

Very truly yours,

E. L. Anderson Project Engineer

EA/ms Enc. cc: Paramount

ID: 1982-1.26

TYPE: INTERPRETATION-NHTSA

DATE: 03/23/82

FROM: MIKE SMITH -- PRESIDENT, FLEET TIRE SERVICE

TO: NHTSA

TITLE: NONE

ATTACHMT: MEMO DATED 6-30-82, NOA-30, TO MIKE SMITH, FROM FRANK BERNDT - NHTSA

TEXT: We are a tire retreader located in southwest Arkancas and are in the process of importing 220 tires from Brussels for the explicite purpose of retreading. Our paper work on the acquisition of these casings lists them as rubber tires in error.

We will list all the serial numbers on the tires at time of receipt and keep a permanent shop record of such, which is our normal procedure. At this point the tires will be buffed and we will have a local police authority examine each tire and ascertain each tire has been buffed for retreading.

We have visited with Mr. Buckley of the Department of Transportation and he was unable to give us a definite ruling on this procedure for meeting proof of conformity.

Will you please advise if this method will be acceptable to you. If not, please furnish us with an alternative method for proof of conformity.

These tires have already arrived in New Orleans and we are proceeding with our plans for receiving and retreading.

ID: 1982-1.27

TYPE: INTERPRETATION-NHTSA

DATE: 03/25/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: United Sidecar Association, Inc. -- H. A. Kendall

TITLE: FMVSS INTERPRETATION

TEXT:

H. A. Kendall, Ph.D. United Sidecar Association, Inc. 1621 Palomino Lane Kingwood, Texas 77339

This is in reply to your letter of February 20, 1982, with respect to pulsating headlamps.

You have interpreted my letter of February 9, 1982 as stating that "for daytime operation of a motorcycle headlight, the light may be permitted to pulsate or modulate from one level of brightness to another." On the contrary, I stated that "a lamp whose intensity varies from a higher output to a lower output...would be prohibited." However, I also said that, if complete deactivation occurs (i.e., from a higher output to no output), then that mode of operation is permissible.

With respect to your latest letter and the problems of headlighting in older motorcycles, there would be no need to have the smaller bulb illuminated, and the "definite on/off/on/off sequence" you mention is sufficient for compliance with Standard No. 108.

Sincerely,

Frank Berndt Chief Counsel

February 20, 1982

Dear Mr Berndt:

My interpretation of your response of February 9, 1982 is that, for daytime operation of a motorcycle headlight, the light may be permitted to pulsate or modulate from one level of brightness to another.

Many of the older motorcycles with only marginal charging systems simply cannot cope with continuous lights on operation without frequent battery charging, externally, or without operating the engine at a very high speed in lower gears to keep the battery charged. However, almost all of the earlier machines have a nonsealed beam headlight containing a minor running (or parking) light in addition to the main twin filament.

As far as NHTSA is concerned, it would appear that as long as the smaller bulb was left on at all times (to provide the lower light output) that the main beam could be operated at some fractionally lower duty cycle, say, about 25%, at say 1.5 to 4 Hz, and still comply with NHTSA's ruling. If this is so, then it would be possible to allow older motorcycles to operate with a relatively simple inexpensive mechanical device to reduce headlight daytime consumption instead of using the very expensive solid state circuitry now available.

The main headlight would have a definite on/off/on/off sequence, however, the small continuous light would prevent the lamp from being extinguished at any time.

Please advise a ruling on this type of device for motorcycle headlights for daytime operation only.

Sincerely,

H. A. Kendall, Ph.D.

HAK/lk

ID: 1982-1.28

TYPE: INTERPRETATION-NHTSA

DATE: 03/25/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Sure-View, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mar 25, 1982

Mr. M. W. Urban Sure-View, Inc. 1337 N. Meridan Street Wichita, KA 67203

Dear Mr. Urban:

This responds to your letter of February 8, 1982, concerning compliance with Federal Motor Vehicle Safety Standards, in particular compliance with Safety Standard No. 111, Rearview Mirrors.

You are correct that section 102(2) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392(2)) defines; in part, a motor vehicle safety standard as "a minimum standard for motor vehicle performance...." Thus, each of the agency's safety standards sets a minimum level of performance which must be met by every manufacturer. Manufacturers are free to utilize designs that exceeds the minimum level of performance set by a standard as long as their products still comply with the standard. Thus, in the case of schoolbus rearview mirrors, a manufacturer must at least comply with the requirements of section 9.1 of Standard No. 111 regarding mirror size, and may voluntarily provide a mirror of a larger size. As explained in the enclosed letter, the Vehicle Safety Act authorizes the agency to regulate aspect of design, such as mirror size.

If you have any further questions, please let me know.

Sincerely,

Frank Berndt Chief Counsel

February 8, 1982

Mr. Frank Berndt, Chief Counsel U.S. Department of Transportation National Highway Traffic Safety Administration Washington, D.C. 20590

Dear Mr. Berndt:

This is to direct your attention to the enclosed copy of a letter from the State of Texas.

It is my opinion and belief standards established by the NHTSA are minimum and should not probibit the use of an item that is Superior in Safety Performance.

This Design Standard requires 50 square inches of flat glass mounted firmly on each side of a Van Type vehicle in such a manner that if any portion of each mirror is visible to the driver, it meets the requirement of the NHTSA.

In the interest of Safety, the mirror system should minimize the obstruction of the forward view to the driver--NO more than you need and NO less than you need. The driver and children riding scbool buses should not be subjected to the hazards involved with separately adjustable flat and convex mirrors and/or mirrors reflection rearward that may reflect false and/or mis-leading information to the driver.

I cannot agree this Design Standard is in accord with the intent of The Congress. I believe it was the intent of The Congress to make a contribution to the Prevention of Accidents as clearly defined in Section 102(2) of the Transportation Act.

Please advise the position of the NHTSA as to permitting the use of items Superior in Safety Performance when a Design Standard of this type has been issued.

Sincerely,

SURE VIEW, INC.

M. W. Urban

MWU/h1 Encl.

cc: Congressman Dan Glickman 1507 Longworth Bldg., Washington, D.C. 20515

February 4, 1982

Reference: 070-36-1D

M. W. Urban Sure-View, Inc. 1337 North Meridian Street Wichita, Kansas 67203

Gentlemen:

This is in response to your letter of February 1, 1982 about rearview mirrors and Your sample mirror model number 3004.

We are familiar with the revision of section 393.80 issued on April 13, 1979 and published in the Federal Register May 1, 1979. This revision amends the Motor Carrier Safety Regulations and not FMVSS 111. In addition, this revision speaks to the number of rearview mirrors required and not their dimensions. The language in section 393.80 clearly requires conformance with FMVSS 111.

Section S9.1 of FMVSS 111 requires rearview mirrors on both sides of all school buses and these mirrors must contain 50 square inches of flat reflective surface.

He are therefore required to withdraw approval of your 3000 series mirrors for use on Texas buses.

Please advise what disposition you wish made of the sample mirror you sent.

Yours truly,

Don Miller, Specification Technician Specification Section (512)475-2231

DM/dh cc: Max Walton

ID: 1982-1.29

TYPE: INTERPRETATION-NHTSA

DATE: 03/25/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Iveco Trucks

TITLE: FMVSS INTERPRETATION

TEXT:

TWO VERSIONS OF NHTSA LETTER:

Eldridge G. Pentheny, Jr. Administration Engineer Iveco Trucks of North America, Inc. 1730 Walton Road P.O. Box 1102 Blue Bell, Pennsylvania 19422

Dear Mr. Pentheny:

This responds to your letter asking whether your auxiliary heater toggle switch design meets the identification requirements of Standard No. 101-80, Controls and Displays.

By way of background information, I would point out that the agency does not give advance approvals of vehicles or equipment. The National Traffic and Motor Vehicle Safety Act places the responsibility on the manufacturer to determine whether its vehicles or equipment comply with applicable requirements. A manufacturer then certifies that its vehicles or equipment comply with all applicable standards. The following interpretation only represents the agency's opinion based on the information provided in your letter.

On the top of the switch is the fan symbol specified by Table 1 of the standard and an arrow pointed upward. When the top of the switch is depressed, the heater fan is activated to recirculate cab air without heating it. On the bottom of the switch is a flame symbol and an arrow pointing downward. When the bottom of the switch is depressed, the heater, including the heater fan, is activated. As explained below, use of the flame symbol for the heater does not meet the identification requirements of Standard No. 101-80.

Section S5.2.2 states:

Identification shall be provided for each function of ...any heating and air conditioning system control, and for the extreme positions of any such control that regulates a function over a quantitative range. If this identification is not specified in Tables 1 or 2, it shall be in word form unless color coding is used. if color coding is used to identify the extreme positions of a temperature control, the hot extreme shall be identified by the color red and the cold - [NO FURTHER TEXT AVAILABLE]

Dear Mr. Pentheny:

This responds to your letter asking whether your auxiliary heater toggle switch design meets the identification requirements of Standard No. 101-80, Controls and Displays.

By way of background information, I would point out that the agency does not give advance approvals of vehicles or equipment. The National Traffic and Motor Vehicle Safety Act pt be identified by words or color coding. I will separately discuss the identification required for the two functions of the auxiliary heater toggle switch.

Depressing the top of the switch activates the fan in order to recirculate air without heating it. This function may be characterized either as recirculation of air or as an on-off switch for the fan. Under the latter characterization, the fan symbol should be used since Table 1 specifies that symbol for a heating and/or air conditioning fan. Thus, the identification on the top of the toggle switch meets the requirements of Standard No. 101-80.

Depressing the bottom of the toggle switch activates both the fan and the heater in order to circulate and heat air. Since neither Table 1 nor Table 2 specify identification for the heating function, it must be in word form. (As explained below, color coding is not appropriate in this instance.) Use of the fan symbol in addition to words identifying the heating function is not necessary, even though the fan operates as part of the heating function, since there is no separate control for the fan. Since the bottom of the toggle switch does not identify the heating function by using words, it does not comply with the requirements of Standard No. 101-80.

In a telephone conversation with Edward Glancy of this office, you indicated that you desire to use the flame symbol for purposes of international harmonization, noting that is the symbol specified by ISO for heat. While Standard No. 101-80 specifies a number of other ISO symbols, it does not specify that symbol. Section S5.2.1(a) of the standard does permit the use of additional words or symbols for the purpose of clarity, so long as the words or symbols specified by the standard are used. Thus, you may use the ISO flame symbol if you also identify the bottom of the toggle switch by using words. Since you indicated that you are already producing the vehicles in question, we suggest that you consider simply adding a label with the words "AUX. HEAT" (or other identifying words) adjacent to the bottom of the toggle switch.

In the above-mentioned telephone conversation, you asked whether coloring the bottom of the toggle switch "red" would be considered color coding as that phrase is used in S5.2.2. The answer is no, since the use of any one color by itself does not constitute color coding. We interpret section S5.2.2 (quoted above) to require that color coding must be readily understandable. Although there may be other appropriate uses of color coding, the standard's example of using red and blue to identify the extreme positions of a temperature control is the only one that comes to mind. The use of red for the hot extreme is readily understood only when used in conjunction with blue for the cold extreme.

As you may know, it is the policy of this agency to both promote international harmonization and avoid unnecessary design restrictions. If you wish to produce vehicles using ISO symbols not specified by Standard No. 101-80, you may wish to consider filing a petition for rulemaking on that issue.

Sincerely,

Frank Berndt Chief Counsel

September 8, 1981

National Highway Traffic Safety Administration Office of Chief Counsel 400 7th Street S.W. Washington, D.C. 20590

Attention: Mr. Frank Berndt

Subject: 49 CFR 571.101-80 Controls and Displays File: S.203.101

Dear Mr. Berndt:

IVECO Trucks of North America is installing an auxiliary heating system, which is completely independant of the standard heater, in some units of our vehicle line. Please find enclosed a drawing of the control switch that is used to activate the different auxiliary heater functions. The control button, when depressed in the upper mode, operates the fan only for recirculation of in cab air when the control button is depressed in the lower mode, the fan and heater are both activated.

Per FMVSS101-S5.21 (Identification) "Any hand operated control listed in column 1 of table that has a symbol designated in column 3 shall be identified by that symbol."

Per S5.2.2 "Identification shall be provided for each function of any automatic vehicle speed control and any heating and air conditioning system control...."

We believe the control button shown on the attached drawing meets both of the requirements as stated above, since the fan symbol applies to par. S.5.2.1 and the flame symbol applies to par. S.5.2.2.

Our only question relates to the "heat and fan" condition where only the ISO symbol for flame (the auxiliary heater is a flame burner type) is shown. We believe that since this is one multi-function switch, (off, fan on only, fan and heater on) another fan symbol in the lower section would be redundant although the fan must be operating when the flame is on.

Would you please confirm our opinion in this matter.

Respectfully yours,

Eldridge G. Pentheny, Jr. Administration Engineer

EGP:smt

Attachment

Eberspacker Auxiliary Heater Toggle Switch

Depress top of toggle switch to activate heater fan only to recirculate in cab air.

Depress bottom of toggle switch to activate both the heater and the heater fan.

ID: 18981.wkm

Mr. Clive Glanville - PM
Italamec
Direzione Tecnica
Via R. Geymet, 25
10060 Campiglione Fenile (Torino)
Italy

Dear Mr. Glanville:

Please pardon the delay in responding to your letter telefaxed to Walter Myers of my staff in which you asked us to analyze the configuration of your back door latch system and provide you a "conformance certificate." You enclosed drawings of your latch system. Following a telephone conversation with Mr. Myers on February 12, 1999, you sent him another telefax in which you stated that you need "confirmation that when two tailgate latches are fitted to a tailgate, as to whether they both must have two safety positions and must meet the strength requirements." You further stated in this telefax that both latches are identical, therefore they do not constitute a "primary and secondary latch system." You attached a drawing to the February 12 letter depicting the back door of a multipurpose passenger vehicle. The drawing shows the latches located on either side of and near the bottom of the door. We have reviewed your latch system as you requested, but are not able to provide you a "conformance certificate," as discussed below.

This agency, the National Highway Traffic Safety Administration (NHTSA), has the statutory authority to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. The basic statute, commonly referred to as the Safety Act, establishes a self-certification system in which the manufacturers of motor vehicles and motor vehicle equipment themselves certify that their product complies with all applicable FMVSSs in effect on the date of manufacture. NHTSA checks compliance with the FMVSSs by purchasing motor vehicles and equipment and testing them. The agency also investigates defects relating to motor vehicle safety. Because of that self-certification system, NHTSA cannot issue certificates of conformance.

Paragraph S4.4.1, Federal Motor Vehicle Safety Standard (Standard) No. 206, Door locks and door retention components (copy enclosed), requires that "[E]ach back door system shall be equipped with at least one primary latch and striker assembly" (emphasis added). Also with respect to a back door or a back door system, a "primary door latch," as defined in S3, means "the latch or latches equipped with both the fully latched position and the secondary latched position"(emphasis added). The "fully latched position" is described in Society of Automotive Engineers (SAE) Recommended Practice J839, Passenger Car Side Door Latch Systems, June 1991, as "[T]he attitude that exists between the latch and striker when the door is securely positioned in the fully closed position." The "secondary latched position" is described in SAE J839 as "[T]he attitude that exists between the latch and striker when the latch holds the door in a position less than fully closed." The secondary latched position serves as a backup to the fully latched position in the event the latter is not properly engaged, and adds an additional level of protection in the event the latch fails while in the fully latched position.

Back doors may, but are not required, to have one or more auxiliary latches, which is a latch other than the primary latch or latches in a multi-latch door system. ⁽¹⁾

Auxiliary latches are typically used in double cargo door systems where the primary latch or latches directly connect the left and right segments of the door system to each other while the auxiliary latch or latches secure one segment of the door system to the roof and/or the floor of the vehicle.

Since a back door latch system is only required to have one primary latch, your dual latch system may consist of a primary latch and one or more auxiliary latches. However, if you have two primary latches, that is, ones with both the fully and secondary latched positions, then both must meet the strength requirements in both the fully latched and secondary latched positions as specified in S4.4.1.1 through S4.4.1.4.

I am enclosing for your additional information copies of fact sheets prepared by this agency entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful to you. Should you have any further questions or need additional information, feel free to contact Mr. Myers at this address or at (202) 366-2992, or by telefax at (202) 366-3820.

Sincerely,
Frank Seales, Jr.
Chief counsel
Enclosure
ref:206
d.7/15/99

1. Standard No. 206 does not refer to multiple latch systems as "primary" and "secondary" but, as discussed above, to "primary" and "auxiliary." We assume, therefore, that you mean that your latch systems do not fall into the categories of "primary" and "auxiliary."