ID: 10755

Mr. David T. Holland
President
Europa International, Inc.
1570A Pacheco Street
Santa Fe, NM 87505

Dear Mr. Holland:

This responds to your letter of February 24, 1995, regarding the passive restraint phase-in requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection. You asked whether an importer which "imports Canadian specification MPV's (multipurpose passenger vehicles), such as the Chrysler Minivan, that meets (sic) the MPV passive restraint requirements of FMVSS 208 ... can count these vehicles toward the required percentage."

Section S4.2.5.6.1(a) states, "(a) vehicle that is imported shall be attributed to the importer." Thus, to determine compliance with the passive restraint phase-in requirements, Europa International should (1) count all trucks, buses, and mpv's with a gross vehicle weight rating of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less, (2) count all such vehicles which meet the passive restraint requirements of FMVSS 208, and (3) determine if that class of vehicles is a sufficient percentage of the first class of vehicles to satisfy the phase-in requirements. However, as Mary Versailles of my staff cautioned you on the phone, some manufacturers are installing European (face) air bags but are not certifying that vehicles with such air bags meet the passive restraint requirements of FMVSS 208. Therefore, you should verify that any vehicle with an air bag is in fact certified to FMVSS 208's passive restraint requirements.

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

Sincerely,

Philip R. Recht Chief Counsel ref:208 d:4/3/95

ID: 10785

Mr. Terry M. Habshey
Oxytire Incorporated
7000 Highway 25
Montevallo, AL 35115

Dear Mr. Habshey:

This responds to your March 6, 1995 letter to Philip Recht, our former Chief Counsel, and your telephone conversations with Walter Myers of my staff in which you requested a "new D.O.T. number." As discussed below, we are unable to provide you a tire manufacturer's identification mark since the operations you perform on tires are not sufficient to make you the manufacturer of the tires.

You explained that your company is a global exporter of tires, particularly to third world countries, but that you intend to distribute tires domestically in the future. You stated that you obtain new tires from different manufacturers consisting of original equipment overruns, blems, etc., and that by a new process you intend to remove "most" of the information from the tire sidewalls. The new process includes removing a thin layer of rubber from the tire sidewall, then vulcanizing a layer of new rubber onto the sidewall. The new layer will contain a new "registered" trade name, logo, and "identifying marks along with the size, safety information, mounting instructions, maximum and minimum inflating instructions, etc." You emphasized that all tires will be new and meet "all minimum standards established by the Department of Transportation."

Before addressing your request, let me first provide some background information. Chapter 301 of Title 49, U.S. Code (hereinafter Safety Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment sold in or imported into the United States. Tires are considered motor vehicle equipment. The Safety Act establishes a self-certification system in which manufacturers certify that their products comply with all applicable FMVSSs effective on the date of manufacture. In the case of tires, manufacturers reflect that certification by molding the letters "DOT" into or onto the sidewalls of all their tires manufactured for sale in the United States.

The FMVSSs are not applicable to tires intended solely for export, labeled for export on the tires and on the outside of the container, and exported. See 49 U.S.C. '30112(b)(3); 49 Code of Federal Regulations (CFR) 571.7(d)). Accordingly, you are free to export any tires you want, whether or not they comply with the FMVSSs and after whatever modifications you make to them.

That is not the case, however, with tires distributed for sale in the United States. FMVSS No. 109, New pneumatic tires and FMVSS No. 110, Tire selection and rims, specify performance standards and labeling requirements for new passenger car tires and rims. FMVSS No. 119, New pneumatic tires for vehicles other than passenger cars and FMVSS No. 120, Tire selection and rims for motor vehicles other than passenger cars, specify performance standards and labeling requirements applicable to tires and rims for vehicles other than passenger cars. 49 CFR Part 574, Tire identification and recordkeeping, requires new tire manufacturers to permanently mold into or onto one tire sidewall a tire identification number (TIN) and specifies methods by which new tire manufacturers and new tire brand name owners shall maintain records of tire purchasers. 49 CFR Part 575.104, Uniform tire quality grading standards (UTQGS), requires new motor vehicle and new tire manufacturers and brand name owners to provide information to consumers concerning the relative performance of passenger car tires in the areas of treadwear, traction, and temperature resistance. The UTQGS grades are also required to be molded into or onto the tire sidewall.

The labeling requirements specified in the regulations referred to above apply to the actual tire manufacturers and/or brand name owners, and the required information, including the DOT symbol and the TIN, must appear on all new tires before they can be sold to their first retail purchasers. A tire distributor or dealer cannot legally remove any of the required information from new tire sidewalls. The required information on new tires is intended for safety purposes, purchaser information, and to enable this agency to identify the manufacturer in the event of a noncompliance or defect in a tire line or lot.

A "manufacturer" is defined in 49 U.S.C. '30102(a)(5) as one who manufactures or assembles motor vehicles or equipment or one who imports motor vehicles or equipment for resale. The operations you describe would not be sufficient to make you the manufacturer of the tires in question. According to your letter, you would, for marketing reasons, remove a thin layer of the surface area of the sidewalls of the tires so that most of the existing information is removed. You would then apply a new thin layer of rubber containing new information. Your operations would thus not be changing the basic tire as such but simply changing the labeling. A change in labeling would not change who manufactured the tire. Thus, since you would not be a manufacturer of tires, you may not obtain a manufacturer's identification mark in accordance with 49 CFR '574.6. Only tire manufacturers or retreaders may obtain that mark.

49 U.S.C. '30122(b) prohibits manufacturers, distributors, dealers, and/or motor vehicle repair businesses from knowingly making inoperative any part of a device or element of design installed on or in a motor vehicle or item of equipment in compliance with applicable FMVSSs unless that individual reasonably believes that the vehicle or equipment will not be used when the device or element is inoperative. Thus, removal of the labeling information required to be marked on tire sidewalls in accordance with the standards and regulations discussed above could be a violation of '30122(b), which could subject the violator to civil penalties of up to $1000 per violation, or up to $800,000 for a series of related violations.

In summary, the Safety Act does not apply to tires intended solely for export. Thus, those tires are not required to comply with any FMVSSs. However, all new or retreaded tires sold or imported into the United States for sale must comply with all applicable FMVSSs and regulations as discussed above. Distributors and dealers may not remove any of the labeling information required to be marked on new tires by the actual manufacturers and/or brand name owners of those tires. Removal of that information could make inoperative an element of design on those tires, which could constitute a violation of 49 U.S.C. '30122(b).

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

Sincerely,

John Womack Acting Chief Counsel

Ref:109#110#119#120#574#575 d:5/24/95

ID: 10786

Ms. Barbara Bailey
Administrative Assistant
Camp Berachah Christian Retreat Center
19830 S.E. 328th Place
Auburn, WA 98092-2212

Dear Ms. Bailey:

This responds to your letter and telephone call to Walter Myers of this office asking two questions about new 15-passenger vans that Camp Berachah leased from a dealer. I apologize for the delay in this response.

You first asked whether we require the leased vans to comply with our Federal motor vehicle safety standards (FMVSS) for school buses. You also asked whether we require the vans to comply with those FMVSSs if Camp Berachah loaned or subleased them to a school. Subject to a few considerations, the answer to both questions is no.

Some background information on our school bus regulations would be helpful. Our regulations require any person selling or leasing a new vehicle to sell or lease a vehicle that meets all FMVSSs applicable to that vehicle. Accordingly, persons selling or leasing a new school bus must sell or lease a vehicle that meets the FMVSSs applicable to school buses. Under 49 U.S.C. '30101, et seq. (referred to as Safety Act), a school bus is any vehicle that carries 11 or more persons and which is likely to be significantly used to transport students to or from school or related events. Thus, persons selling or leasing a new vehicle that carries 11 or more persons and which is likely to be significantly used to carry students is selling or leasing a new school bus. That means that the new vehicle must meet the school bus FMVSSs.

The FMVSSs apply only to new vehicles prior to sale to the first retail purchaser. The onus of complying with the school bus regulations is mainly on the seller or dealer to ensure that each new school bus it sells or leases has been certified to the school bus FMVSSs. The purchaser, on the other hand, is

not subject to such constraints. Under our school bus regulations, the purchaser is free to use any vehicle to transport school children. That is because this agency does not regulate the use of vehicles once they have been sold at retail.

Turning to your questions, we answer no to your first question based on the following. It was unclear from your letter whether Camp Berachah is connected with a school. In directing NHTSA to issue its school bus regulations, Congress considered buses used to transport children to camps connected with schools to be subject to the school bus FMVSSs. However, you clarified the nature of Camp Berachah in your conversation with Mr. Myers. You said that Camp Berachah is independent from any school and is not in any way affiliated with a school. Based on that information, Camp Berachah does not appear to be a school. Thus, our school bus regulations do not require the leasing of complying school buses for Camp Berachah purposes.

In your second question, you asked whether the new leased vans had to comply with the school bus FMVSSs if Camp Berachah lent, rented or subleased them to a school. The answer depends on whether the vans are significantly used for pupil transportation, and if so, whether the dealer knew or should have known of such use. New vans that are likely to be significantly used to transport school children would be school buses, and the dealer leasing the new van is required to lease certified school buses. Use of the vans on a one-time or occasional basis would not constitute significant use as a school bus. However, if Camp Berachah were to sublease the vans to a school for long-term use, we believe the use of those vans for school transportation would be significant within the meaning of the Safety Act. Accordingly, the leasing company could not lease a new van for this purpose.

You should also note that the states have the authority to regulate the use of vehicles by motorists. Thus, although NHTSA does not require the sale or use of complying school buses in the situations you described, Washington does have such authority. You may wish to contact the state director of pupil transportation to learn more about any state requirements applicable to vehicles used as school buses.

In closing, we would like to note that school buses are one of the safest forms of transportation in this country. We therefore strongly recommend that all 15- passenger vans that are used to transport school children be certified as meeting the school bus safety standards.

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

Sincerely,

John Womack Acting Chief Counsel

ref:571 d:5/30/95

ID: 10790

Mr. Dietmar K. Haenchen
Manager, Vehicle Regulations
Volkswagen of America, Inc.
3800 Hamlin Road
Auburn Hills, MI 48326

Dear Mr. Haenchen:

This responds to your request for an interpretation of Standard No. 118, Power-operated window, partition, and roof panel systems. You asked whether the "squeezing force limitation" of S5 applies only to the first attempt to close a power operated window, partition, or roof panel system (power-operated system) and not to immediately following attempts to close. You explained that an operator may initiate more than one closing attempt in order to assure the closing of the power operated system under adverse conditions such as low temperature or the presence of ice in the power operated system's track. As discussed below, the S5 squeezing force limitation applies to each closing attempt.

By way of background information, Standard No. 118 requires that a power operated system, while closing, must comply with one of two alternative provisions. The first, S4, generally specifies requirements for situations where a person is expected to be in the immediate vicinity of the vehicle to supervise the closing. The second, S5, covers "unsupervised" closings, i.e., automatic closings or closings where the person initiating the closing is further away from the vehicle.

In the rulemaking establishing S5, NHTSA recognized that unsupervised closings increase the risk that persons, especially children, could be caught between a closing system and the frame. Therefore, to the extent that a power operated system permits unsupervised closings, the agency decided to require an automatic reversal mechanism that reverses the window direction upon its meeting an obstruction. More specifically, if an obstruction is between 4 and 200 mm from any part of the vehicle structure with which the closing system mates, S5 requires window reversal before a force of 100 Newtons is encountered.

S5 does not specify different squeezing force limitation requirements for different closing attempts. Therefore, a

power operated system must meet the same requirements for each closing attempt. We note that since the requirements of S5 address unsupervised closings, the same safety concerns about children being caught between a closing system and frame would be relevant to each closing attempt.

I note that NHTSA decided not to apply the S5 squeezing force limitation requirement to unsupervised closings within the area between 4 mm and any part of the vehicle structure with which the closing system mates. The agency recognized that injury from system closure is not possible in this area, and that unnecessary automatic reversal could result from the system's misalignment or obstruction from ice. Thus, during unsupervised closing, if the system encounters an obstruction less than 4 mm from any part of the vehicle structure with which the closing system mates, the power operated system need not reverse.

I hope that this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:118 d:5/17/95

ID: 10804RWKM

January 26, 1996

Mr. Bill Bristol Treadway America, Inc. 1633 East Vine Street, Suite 123 Kissimmee, FL 34744

Dear Mr. Bristol:

This responds to your request for a letter from the National Highway Traffic Safety Administration (NHTSA) stating that tires with the letters "DOT" molded onto or into the sidewalls comply with all Federal motor vehicle safety standards (FMVSS). In the United States, Federal law requires tire manufacturers to certify that tires sold or imported into the United States comply with all applicable FMVSSs. There is no provision in the law for prior certification or approval by NHTSA, the United States agency responsible for the law's implementation. NHTSA enforces compliance with the safety standards by randomly inspecting tires and certification documentation, and by testing selected tires to ensure the validity of the tire companies' self-certification programs.

In response to your request, NHTSA states that all motor vehicle tires of any type or size manufactured by any of the following manufacturers and bearing the symbol "DOT" are recognized by the United States as having been certified by the manufacturers as being in conformity with all applicable FMVSSs:

Dunlop Tire Corporation (including Remington and Centennial) Bridgestone/Firestone, Inc. Michelin (including PBM, Top A Private, Liberator, Defender, and Sears) General Tire (including Neral, GPX, HS Blem, and Semperit) Hercules (including Merit) Siam (including Mustang, Aswin, Extra Mileage, and Bus Special) Electra (including Esprit, Ironman, Turbo HP9000H, and Apache) Stomil (including Winchester) Vikrant

Any questions or requests for additional information regarding this matter may be directed to Walter Myers of my staff at this address or at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Ref:571 d:1/26/96

ID: 10811

Mr. Stephen M. Padula
Industry Standards and
Government Regulations
Uniroyal Goodrich Tire Company
P.O. Box 2501
Greenville, SC 29602

Dear Mr. Padula:

This responds to your letter of March 21, 1995, in which you asked whether it is permissible to have a treadwear grade of 00 or 000 on tires under the Uniform Tire Quality Grading Standards (UTQGS), 49 CFR 575.104. The answer to your question is yes.

As you know, the UTQGS currently provide that all new passenger car tires sold in the United States must be graded by their manufacturers or brand name owners for treadwear, traction, and temperature resistance. The grades must be assessed in accordance with paragraphs (d)(1)(i)(A) and (B) of the UTQGS and must be molded into or onto the tire sidewall.

Paragraph (d)(2)(i) requires the treadwear grade to be expressed as 2 or 3 digits, representing the percentage (P) of the NHTSA nominal treadwear value, computed as follows:

Projected P = mileage x 100 30,000

The percentage derived from the above formula is then rounded off to the nearest lower 20-point increment to arrive at the treadwear grade.

In your letter you proposed a hypothetical example of a tire with a projected mileage of 5,000 miles, which would compute as follows:

P = 5,000 x 100 = 16.67 30,000

Rounded off to the nearest lower 20-point increment, the treadwear rating for that tire would be 00 or 000.

Your example would be correct, if tires still exist that have a projected tread life of 5,000 miles. Although NHTSA has not found any tires so rated, under the current provisions of the UTQGS, it is possible, as demonstrated by your example, to have a UTQGS treadwear rating of 00 or 000.

I hope this information is helpful to you. Should you have any questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:575 d:5/17/95

ID: 10821-6

Mr. Andrew Grubb
Steve's Moped & Bicycle World
40 Park Avenue
Dumont, NJ 07628

Dear Mr. Grubb:

This responds to your letter asking whether this agency's requirements apply to several products you are selling. One is called the "California Go-Ped," a small push scooter with non-pneumatic tires, a 2-cycle motor mounted above the rear wheel, and a top speed of 20 mph. Another is called the "Tsi Power Scooter," and resembles a scooter in frame style, but has larger pneumatic tires and can be outfitted with a seat. The Power Scooter has a top speed of 15 mph. You cited a previous interpretation stating that a scooter (similar to the Go-Ped) is not a motor vehicle, and thus not subject to our requirements, so I assume that you are asking whether the products you sell are motor vehicles. You also asked about motorized "skateboards" and motors for mounting on a conventional bicycle.

The short answer to your question is that the Go-Ped is not a motor vehicle but the Power Scooter may be, depending on whether it is sold with a seat. Motorized "skateboards" are not motor vehicles, but motors for mounting on bicycles are "motor vehicle equipment."

You indicated that you have a copy of a letter dated April 1, 1991, in which we discussed whether a small push scooter called a "Walk Machine" is considered a motor vehicle for purposes of our standards. In that letter, we discussed the general principles for determining whether a product is a motor vehicle.

As discussed in that letter, vehicles that are equipped with tracks or are otherwise incapable of highway travel are plainly not motor vehicles. Further, vehicles designed and sold solely for off-road use (e.g., airport runway vehicles and underground mining devices) are not considered motor vehicles, even though they may be operationally capable of highway travel.

On the other hand, vehicles that are or can be operated off-road, but are also used on the public highways on a necessary and recurring basis are motor vehicles. For instance, utility vehicles like the Jeep are plainly motor vehicles, even though they are equipped with special features to permit off-road operation. If a vehicle will spend a substantial amount of time on- road, even though its greatest use will be off-road, NHTSA has found the vehicle to be a "motor vehicle." Further, if a vehicle is readily usable on the public roads and is in fact used on the public roads by a substantial number of owners, NHTSA has found the vehicle to be a motor vehicle. This finding was made with respect to dune buggies and regardless of the manufacturer's stated intent regarding the terrain on which the vehicles were to be operated.

In discussing whether the Walk Machine is considered a motor vehicle, we noted that NHTSA has stated in previous interpretations that vehicles that regularly use the public roads will not be considered "motor vehicles" if such vehicles have a maximum attainable speed of 20 miles per hour (mph) or less and an abnormal configuration which readily distinguishes them from other vehicles. We concluded that the Walk Machine is not a motor vehicle since it has a top speed of 16 mph and a configuration that readily distinguishes it from motorcycles and other two-wheeled vehicles.

I will now apply these principles to the products you ask about in your letter. First, the California Go-Ped has an almost identical configuration to that of the Walk Machine and a maximum speed of 20 mph. Therefore, we do not consider it to be a motor vehicle, for the same reasons that apply to the Walk Machine.

Second, the Power Scooter has a maximum speed of 15 mph and, when sold without a seat, has a configuration similar to that of the Walk Machine. In that configuration, we do not consider it to be a motor vehicle.

When equipped with a seat, however, the Power Scooter is considered to be a motor vehicle. Although the advertising literature states that the Power Scooter is "not for in-street use," NHTSA believes that it is indistinguishable from a moped, which is an on-street vehicle that we have long interpreted as a motor vehicle. Although most mopeds have chain drives, pedal starters, and lower-mounted engines, we do not think that these distinctions are important. The seated rider on the power scooter appears to other traffic to be riding a moped. We also note that the low ground clearance of the central platform appears poorly suited to off-road use.

Further, we consider the Power Scooter, when equipped with a seat, to be a type of motorcycle. A motorcycle is defined as "a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground" (Title 49, section 571.3 of the Code of Federal Regulations (CFR)). Motorcycles are subject to our regulations in 49 CFR Part 571, including Standards for lights (No. 108), rear view mirrors (111), brakes (122), and controls and displays (123). The materials you sent do not disclose the horsepower of the 21 cc engine, but we assume that it is less than 5 brake horsepower. If that assumption is correct, the vehicle would be a "motor-driven cycle," a type of motorcycle that is subject to less stringent requirements under our regulations. However, the Power Scooter does not appear to meet even the less stringent requirements. For example, the Scooter lacks lights, dual braking systems, and rear view mirrors.

The motors for mounting on a conventional bicycle are designed specifically to convert the bicycle into a motorcycle. Therefore, they are motor vehicle equipment. Despite the notation "not for in-street use" in the advertising brochure, bicycles are predominantly used in the streets. Merely adding a motor does not change this fact.

The motorized "skateboard" is not a motor vehicle because it was not manufactured for in-street use and is also not used on the public roads.

You stated in your letter that you want to clarify the application of our motor vehicle requirements to your products so that you can advise your customers exactly where they can and cannot operate them. We strongly encourage you to read the enclosed information sheet on your responsibilities under Federal law as a retailer of motor vehicles and motor vehicle equipment. In addition, while the location of use of particular vehicles can affect our determination of whether a vehicle is a motor vehicle, the actual regulation of the operation of vehicles and motor vehicles is a matter of State law. For information on State laws, you may contact the American Association of Motor Vehicle Administrators at: 4200 Wilson Blvd., Suite 600, Arlington, VA 22203.

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

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:VSA d:6/12/95

ID: 10822

Mr. Charles Tucker
201 Lakeside Drive, Apt. #48
New Concord, OH 43762-1168

Dear Mr. Tucker:

This responds to your letter of March 21, 1995, requesting a letter stating that your van can be modified by replacing "the factory installed steering wheel with the smaller ASTECH steering wheel without an air bag." Your letter explains that your range-of- motion is limited from multiple sclerosis and that the smaller steering wheel improves your ability to drive. During a March 31, 1995 phone call with Mary Versailles of my staff you explained that the van is also equipped with a wheelchair lift and that the floor of the vehicle has been lowered. As explained in this letter, replacement of your steering wheel is permitted provided that a lap/shoulder safety belt is installed at the driver's position.

By way of background, the National Highway Traffic Safety Administration is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to certify that their products conform to all applicable safety standards before they can be offered for sale. If a certified vehicle is modified, other than by the addition, substitution, or removal of readily attachable components, prior to its first retail sale, the person making the modification is an alterer and is required to certify that, as altered the vehicle continues to conform to all applicable safety standards.

After the first retail sale, there is one limit on modifications made to vehicles. Manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable safety standard. In general, the "make inoperative" prohibition would require a business which modifies motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable safety standard.

NHTSA has exercised its authority to issue Standard No. 208, Occupant Crash Protection. Standard No. 208 requires light trucks and vans manufactured on or after September 1, 1991 to be capable of providing occupant crash protection to front seat occupants when the vehicle is crash tested at 30 miles per hour (mph) into a concrete barrier. A vehicle that provides this crash protection will increase the safety of vehicle occupants. The air bag installed in your van is one means of complying with this requirement.

As a result of this new requirement, this agency received a number of phone calls and letters, from both van converters and individuals like yourself, suggesting that the new light truck and van crash testing requirement will, in effect, prohibit van converters from modifying vehicles to accommodate the special needs of persons in wheelchairs. The agency also received a petition asking for an amendment to the light truck and van crash test requirement in Standard No. 208 to address this problem.

As a result on that petition, on March 2, 1993, this agency amended Standard No. 208 to allow manufacturers of light trucks and vans an alternative to complying with the existing requirement. Under the amendment, "vehicles manufactured for operation by persons with disabilities" are excluded from the light truck and van automatic crash protection requirement. Instead, these vehicles must be equipped with a Type 2 manual belt (integrated lap and shoulder belt) or Type 2A manual belt (non-integrated lap and shoulder belt) at the front outboard seating positions. A "vehicle manufactured for operation by persons with disabilities" is defined as

vehicles that incorporate a level change device (e.g., a wheelchair lift or a ramp) for onloading or offloading an occupant in a wheelchair, an interior element of design intended to provide the vertical clearance necessary to permit a person in a wheelchair to move between the lift or ramp and the driver's position or to occupy that position, and either an adaptive control or special driver seating accommodation to enable persons who have limited use of their arms or legs to operate a vehicle. For purposes of this definition, special driver seating accommodations include a driver's seat easily removable with means installed for that purpose or with simple tools, or a driver's seat with extended adjustment capability to allow a person to easily transfer from a wheelchair to the driver's seat.

Based on the information you provided, your van would come within this definition. Therefore, if the modifier of your van would be considered an alterer, it may certify that, with the air bag removed, the vehicle continues to conform to all applicable safety standards, provided that the safety belts are not removed. If the modification is done after the first retail sale, removal of the air bag would not violate the "make inoperative" prohibition, provided that the safety belts are not removed.

I hope this information has been helpful. I have also forwarded a copy of this letter to the modifier indicated in your letter. If you have other questions or need some additional information, please contact Mary Versailles at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

cc: Fitzpatrick Enterprises Attn: Steve Manson FAX 614/497-1863

ref:208#VSA d:5/1/95 The March 2 final rule was further amended on May 18, 1994 to allow the installation of Type 2A manual belts.

ID: 10824

K. Olsen
8577 South State
Spanish Fork, UT 84660

Dear Ms. Olsen:

This responds to your letter of March 12, 1995, requesting an opinion as to the liability of the manufacturer, dealer, or customer in an accident involving a trailer originally sold with used tires. I apologize for the delay in our response.

By way of background information, Chapter 301 of Title 49, U.S. Code, authorizes this agency to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. Section 30112 of Title 49 provides that no person may manufacture for sale, sell, or import a new motor vehicle or a new item of motor vehicle equipment unless that vehicle or equipment complies with all applicable FMVSSs and is covered by a certification of such compliance. Generally speaking, upon the sale of that vehicle or item of equipment to the first retail purchaser, the use of that vehicle or equipment becomes a matter of state regulation.

This office cannot give you an opinion as to who may be liable in the accident you described. The question of liability would be a matter of state law. You may wish to consult with a local attorney on the question of liability.

I can advise you that FMVSS No. 120, Tire selection and rims for motor vehicles other than passenger cars, generally requires tires installed on new trailers to be new, but includes certain specified exceptions which do not appear to be relevant here. In that connection, please find enclosed a copy of a letter we wrote to a gentleman in Odessa, Texas, dated September 4, 1992, which discusses in some detail our requirements for tires installed on new trailers.

This agency does not have any standards for trailer brakes other than air brakes. Also, as indicated above, matters relating to the use of a vehicle, such as connection of the electric brake control to the towing vehicle and loading of the trailer, are not under the jurisdiction of this agency.

I hope this information is helpful to you. Based on your March 12, 1995 letter and your telephone and facsimile communications with the staff of this agency's Office of Vehicle Safety Compliance, that office has initiated an inquiry to the trailer manufacturer to determine if a noncompliance exists with FMVSS No. 120. If you have further information or data to offer in this regard, please contact Mr. Luke Loy at this address or at (202) 366-5288 or by FAX at (202) 366-3081.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:120 d:6/14/95

ID: 10829-1

Ms. Mary J Gazich
Owner - Clever Kids, Inc.
4091 Vermont Avenue
Eagan, MN 55123

Dear Ms. Gazich:

This responds to your letter asking about how this agency's regulations might apply to your product, the "Smart Rider." In your letter, you described the Smart Rider as a "new automobile accessory for children." It is a vinyl seat back protector that slips over one or both of the front seats and secured, we assume, with the two 3/4 inch elastic bands.

The answer to your question is that there are no standards that apply directly to the Smart Rider, but there are Federal requirements that may affect it. I summarize below the relevant safety standards and laws you should consider.

As you recognized in your letter, the Smart Rider is an accessory, a type of motor vehicle equipment under our regulations. As a manufacturer of motor vehicle equipment, you are subject to the requirements in sections 30118-30122 of Title 49 of the U.S. Code concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

NHTSA has not issued any standards for an accessory such as the Smart Rider. For that reason, you should not place any label on your packaging to the effect that it meets Federal standards.

Although no standards apply directly to the Smart Rider, its installation may affect vehicle compliance with certain safety standards. NHTSA has issued a safety standard (Standard No. 201, Occupant protection in interior impact) that requires, among other things, that seat backs have a certain amount of cushioning to provide protection when struck by the head of rear seat passengers during a crash. Installation of your product on the back of front seats could have an impact on compliance with that standard. If the vinyl of the Smart

Rider is stiff enough, it might distribute the impact of the occupant's head over a larger area of the seat back than the vehicle manufacturer intended. As a result, the foam in the seat back might not compress as deeply as the manufacturer intended, and the requisite amount of cushioning might not be achieved. We do not know how stiff the vinyl is, and this may not be a problem, but it is something of which you should be aware.

Another standard that you might want to consider is Standard No. 302, Flammability of interior materials. That standard requires that seat backs not burn or transmit a flame front across their surface at a rate of more than 4 inches per minute. If the Smart Rider were installed as part of a new vehicle, it would be considered part of the seat back.

Which legal requirements apply depend to some extent on how your product is marketed. If your product were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with the Smart Rider installed complies with all FMVSS's, including Standards No. 201 and 302. In addition, although we recognize it would be unlikely that your product would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, section 30122(b) of title 49 prohibits those commercial businesses from "knowingly mak[ing] inoperative any part of a device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard . . ." For instance, compliance with Standard No. 201 might be degraded if the Smart Rider were mounted in front of rear seat passengers. Any violation of this "make inoperative" prohibition would subject the installer to a potential civil penalty of up to $1,000 for each violation.

The "make inoperative" prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, our standards would not apply in situations where individual vehicle owners install the Smart Rider in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether the Smart Rider would be permitted.

I want to emphasize that NHTSA has not made a determination regarding the safety of the Smart Rider. NHTSA has not done any testing of your product. I am merely informing you of the applicable law and identifying a few potential problem areas for your consideration.

I hope this information is helpful. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." If you have any further questions about NHTSA's safety standards, please feel free to contact Mr. Atelsek of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

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