ID: aiam3369

Dear Mr. Mulligan: This is in response to your letter of October 1, 1980, in which you as whether compliance with 49 CFR 567, Certification, will satisfy the requirements of S4.3 of Federal Motor Vehicle Safety Standard No. 115, 49 CFR 571.115.; Section 4.3 of Federal Motor Vehicle Safety Standard No. 115 require that the vehicle identification number (VIN) 'appear clearly and indelibly upon either a part of the vehicle other than the glazing that is not designed to be removed except for repair or upon a separate plate or label which is permanently affixed to such a part.' S4.3.1 requires each character to appear in a capital, sans serif typeface. In the case of passenger cars and trucks of 10,000 pounds or less GVWR, each character must have a minimum height of 4 mm. S4.4 specifies that the VIN for passenger cars and trucks of 10,000 pounds or less GVWR shall be located within to passenger compartment.; Section 567.4 of Part 567, Certification (49 CFR 567), requires tha the certification label be permanently affixed to the vehicle, and display the vehicle identification number. Consequently, for all vehicles except passenger cars and trucks of 10,000 pounds or less GVWR, compliance with S 567.4 of Part 567 would also effect compliance with S4.3 of Standard No. 115 so long as capital, sans serif typeface was used.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam3105

Dear Mr. Delgado: This responds to your recent letter requesting information concernin Federal and State laws applicable to the manufacture of van seats.; The National Highway Traffic Safety Administration issues safet standards and regulations governing the manufacture of motor vehicles and motor vehicle equipment. Safety Standard No. 207, *Seating Systems* (49 CFR 571.207), specifies performance requirements for seats, their attachment assemblies and their installation to minimize the possibility of seat failure resulting from crash forces. This standard is applicable to seats as installed in vehicles, including vans, but is not applicable to seats as individual pieces of motor vehicle equipment. Therefore, the vehicle manufacturer, not the seat manufacturer, would be responsible for compliance with Standard No. 207. However, under section 151, *et seq*., of the National Traffic and Motor Vehicle Safety Act, a manufacturer of vehicle seats would be responsible for any safety related defects in his products and would be required to notify owners and remedy the defects.; I am enclosing a copy of Safety Standard No. 207 for your information as well as an information sheet that explains where you can obtain copies of all our standards and regulations. You will have to contact the individual States in which you are interested to find out if there are any State or local laws applicable to your business.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam3372

Dear Mr. Mulligan: This is in response to your letter of October 1, 1980, in which you as whether compliance with 49 CFR 567, Certification, will satisfy the requirements of S4.3 of Federal Motor Vehicle Safety Standard No. 115, 49 CFR 571.115.; Section 4.3 of Federal Motor Vehicle Safety Standard No. 115 require that the vehicle identification number (VIN) 'appear clearly and indelibly upon either a part of the vehicle other than the glazing that is not designed to be removed except for repair or upon a separate plate or label which is permanently affixed to such a part.' S4.3.1 requires each character to appear in a capital, sans serif typeface. In the case of passenger cars and trucks of 10,000 pounds or less GVWR, each character must have a minimum height of 4 mm. S4.4 specifies that the VIN for passenger cars and trucks of 10,000 pounds or less GVWR shall be located within the passenger compartment.; Section 567.4 of Part 567, Certification (49 CFR 567), requires tha the certification label be permanently affixed to the vehicle, and display the vehicle identification number. Consequently, for all vehicles except passenger cars and trucks of 10,000 pounds or less GVWR, compliance with S 567.4 of Part 567 would also effect compliance with S4.3 of Standard No. 115 so long as capital, sans serif typeface was used.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam1469

Dear Mr. Goichman: This responds to your March 26, 1974, request for information on sea belt regulations as they concern reclining passenger seats.; Federal Motor Vehicle Safety Standard No. 208, *Occupant Cras Protection,* requires passenger cars to be equipped with seat belt assemblies, but it does not contain performance requirements to regulate the effectiveness of the belt assembly with the seating system in the reclining position.; Federal Motor Vehicle Safety Standard No. 207, *Seating Systems* specifies minimum safety requirements for motor vehicle seats. The requirements of the standard are based on conventional seat designs that normally incorporate a seat back angle of approximately 25 degrees rearward inclination from the vertical. Standard No. 207 requires that reclining seats be tested in their most upright position and does not require seats to be tested in the reclining position.; The National Traffic and Motor Vehicle Safety Act of 1966 preempt state motor vehicle safety regulations which are not identical to the Federal standards with regard to the same aspect of performance and therefore any state law would be identical to Standards Nos. 207 and 208 on these aspects of performance (15 U.S.C. S1392 (d)).; The engineering staff is not aware of any studies in the area of sea belts and reclining seats.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: 2796o

Mr. Scott A. Snyder
117 South Keesey Street
York, PA 17402

Dear Mr. Snyder:

This is in reply to your letter of March l0, l988, to the Department's regional office in Philadelphia, asking for a response concerning "ornamental lighting." In your opinion "a few extra lights on the side and rear of a vehicle would help other people see you better while driving at night."

The agency is interested in the role that vehicle conspicuity plays in accidents and accident avoidance. With reference to motorcycles, we have amended our motor vehicle lighting standard to prescribe performance characteristics for headlamp modulation. We were prepared to amend the standard to require the activation of motorcycle headlamps when the ignition was turned on (but did not do so when we learned that almost all motorcycles were being wired to operate in that fashion). Some time ago we asked the public to comment on ways of increasing the conspicuity of large vehicles as our research had indicated that reflective tape applied to the side and rear of wide trucks and trailers might lessen crashes and crash severity, and our research still continues in this area. Most importantly we adopted the center highmounted stop lamp for passenger cars because of the ability it demonstrated in test fleets to reduce the frequency of rear end impacts.

The type of lights of which you speak are referred to as "presence" lamps (as contrasted with "signal" lamps), and the agency over the years has acted with respect to all motor vehicles by requiring them to be equipped with side marker lamps, and by increasing the lens area for stop lamps. As the Federal safety standards are by statutory definition "minimum" safety standards, the requirement that there be two taillamps, for example, does not mean that a manufacturer may not add two more if it wishes, or any lighting device not covered by the standard. The sole restriction is that lighting devices added by the manufacturer or dealer that are in excess of the minimum must not impair the effectiveness of the equipment required by the standard. This could happen, for example, if a fog lamp (not covered by the standard) was of an intensity and located so that it masked an adjacent front turn signal. With respect to nighttime operation, the critical issue would appear to be that additional lighting devices not create glare to oncoming and following drivers.

The owner of the vehicle is not under a similar Federal restriction, and may personally add such additional lighting devices as seems desirable, subject to the laws of the States where the vehicle is registered and/or driven. However, the owner may not have these devices installed by a motor vehicle dealer or repair business if the result is to render wholly or partially inoperative any of the vehicle's original lamps or reflectors.

We appreciate your suggestion for improving motor vehicle safety.

Sincerely,

Erika Z. Jones Chief Counsel

ref:l08 d:8/ll/88

ID: 22525.ztv

Mr. Harold Holeman
C5 Creations
2 Renee Lane
Newark, DE 19711





Dear Mr. Holeman:

This is in reply to your email of December 26, 2000, asking for interpretations of Federal Motor Vehicle Safety Standard No. 108, "Lamps, Reflective Devices and Associated Equipment."

Your first question is whether "the standards as set forth in FMVSS 108 require that bumper bras or bumper masks have openings around the running lights, parking lights, turning signals, etc.?"

Standard No. 108 does not regulate bumper bras or masks per se. However, lighting equipment is required under Federal law to comply with all requirements of Standard No. 108 when accessory equipment such as bumper bras are installed by regulated persons, whether the equipment is installed as original equipment or aftermarket equipment. The one exception under Federal law is a bra or mask installed by the vehicle owner; if this creates a noncompliance with Standard No. 108, the owner is responsible under any applicable local laws rather than Federal law.

Your next question is "If the bra material is transparent and does not noticeably diminish the luminescence of the lights is the bra design within code without having cutouts for the lights?" Paragraph S7.8.5 prohibits "any styling ornament or other feature, such as a translucent cover or grille, in front of the lens" when the headlamps are activated. We view a transparent bra as an "other feature" and prohibited by Standard No. 108. Thus, a transparent bra could not be installed by a regulated person (i.e., manufacturer, distributor, dealer, or motor vehicle repair business) without violating Standard No. 108, but could be installed by the vehicle owner, provided that it does not violate local laws.

You then ask "Is there a test that should or can be performed to show that the intensity of the running lights is adequate even when covered by the bumper bra?" The photometric tests for each of the lamps covered by Standard No. 108 are essentially those of the Society of Automotive Engineers, which have been incorporated by reference in Standard No. 108. These are laboratory tests rather than tests conducted on the vehicle itself. They could be conducted with the transparent bra or mask material cut to fit the lens. Any diminution in light output must not result in photometric output falling below the minimum levels specified for test points in any individual standard.

Like you, we are not aware of any transparent bra or mask on the market. In general, we do not favor covering the lens of any lamp with other material. Dirt and grime may accumulate to the point that candela is reduced below the minimum specified in the standard. Further, it may not be easily removable by washing the cover.

Sincerely,

John Womack
Acting Chief Counsel

ref:108
d.4/19/01

ID: 1984-2.40

TYPE: INTERPRETATION-NHTSA

DATE: 07/31/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Automobile Importers of America,Inc

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Bruce Henderson Automobile Importers of America, Inc. 1735 Jefferson Davis Highway, Suite 1002 Arlington, Virginia 1002 Dear Mr. Henderson:

This is in reply to your letter to Mr. Vinson of this office, in which you asked for an interpretation of Motor Vehicle Safety Standard No. 108. Specifically, you would like to know whether a supplementary turn signal unit may be added to each front fender near the wheel well of a vehicle already equipped with a turn signal system meeting Standard No. 108. You also asked whether there were any restrictions on the mounting height of such a lamp.

Standard No. 108 allows lighting equipment additional to that required by the standard provided that it does not impair the effectiveness of the lighting equipment that the standard requires (paragraph S4.1.3). The supplementary turn signal unit that you describe would appear to enhance the effectiveness of the required turn signals rather than detract from them. There is no requirement that equipment, added at the option of the manufacturer, meet the specific requirements of the standard applicable to identical or similar items of equipment; i.e., the supplementary unit is not legally required to have the same flash rate as the primary turn signals, nor is it subject to the same mounting height restrictions. Obviously, if these specifications are met, supplementary equipment is less likely to impair the effectiveness of the required equipment within the meaning of S4.1.3.

As you are no doubt aware, some manufacturers are wiring their front side marker lamps to flash with the turn signals. This type of supplementary system is acceptable to us.

I hope that this answers your questions.

Sincerely,

Frank Berndt Chief Counsel

July 17, 1984

Mr. Taylor Vincent Office of Chief Counsel - NOA-30 National Highway Traffic Safety Administration 400 Seventh Street, SW Washington, DC 20590

Dear Mr. Vincent:

We would like to request all interpretation of the application of Federal Motor Vehicle Safety Standards (in particular, FMVSS 108) in the following case:

A passenger car complies fully with the requirements for turn signals in FMVSS 108. Is it permissable to add a "turn signal repeater lamp" to each front fender near the wheel well? This repeater lamp would indicate to a vehicle in an adjacent lane an intention to change lanes. The vehicle would continue to to meet requirements in FMVSS 108 for rate of flash, bulb burnout indications, etc.

If the use of such turn signal repeaters in addition to the "four-corner" signal lamps is permissible, is there any restriction on the mounting height - maximum or minimum?

Thank you for your attention and assistance in this matter.

Sincerely, Bruce Henderson BH:bd

ID: 1993y

Mr. Taylor Hong
President, Fair Sun Industrial Co., Ltd.
P.O. Box 36-570
Taipei, Taiwan

Dear Mr. Hong:

This is in reply to your letter with reference to motor vehicle flashers that you wish to sell in the United States.

You have asked the following questions:

l. "How do we get DOT approval?" 2. "Should ask for an application forms from you and sent one lot of samples for your test?"

The Department has no authority to "approve" flashers, and no laboratory of its own in which it tests them. Under our law, the National Traffic and Motor Vehicle Safety Act, the manufacturer of the flashers, not the Department, determines in the first instance whether or not they comply with the SAE materials incorporated into Federal Motor Vehicle Safety Standard No. l08. If the manufacturer is convinced that they comply, it certifies that the flashers meet Standard No. l08, either with a statement on the container in which the flashers are shipped, a tag attached to each flasher, or a DOT symbol on the flasher itself. From time to time, the Department buys flashers for testing. In this manner, the Department has discovered that a number of those manufactured in Taiwan have not met Federal requirements, and lacked the required certification. In some instances, civil penalties have been imposed against the manufacturer or importer of the flashers.

3. "We may send samples to any other Laboratory and get an approval?"

To aid you in reaching a conclusion whether the flashers are designed to conform with Standard No. 108, you may send samples to any test laboratory you wish. Although the standard deems a flasher compliant if not less than 17 of 20 flashers tested meet the requirements, we caution you that you should not accept such a result as a guarantor of compliance. Because of the tolerances involved in production of flashers, we believe that a manufacturer wishing to ensure that at least 17 of 20 flashers will pass whenever the government tests them should design its flashers to achieve a higher level of compliance with durability and performance requirements than the minimum acceptable number of 17. Once a higher level is reached, a manufacturer should ensure that the flashers will continue to meet Standard No. l08 over time. Accordingly, we urge flasher manufacturers to test their products periodically as an assurance that a minimum of 17 out of every 20 continue to meet the performance and durability requirements specified.

Although you have no obligation to obtain "approval" from the Department, there are two requirements that manufacturers of flashers must meet before offering their products for sale in the U.S. You must designate an agent for service of process (49 CFR 551.45) and file an identification statement (49 CFR Part 566). I enclose a copy of these regulations for your information.

If you have any further questions we shall be pleased to answer them.

Sincerely,

Stephen P. Wood Acting Chief Counsel

Enclosures

/ref:108 d:9/l3/89

ID: nht88-2.97

TYPE: INTERPRETATION-NHTSA

DATE: 08/11/88 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: SCOTT A. SNYDER

TITLE: NONE

ATTACHMT: MEMO DATED 3-10-88 TO NHTSA FROM SCOTT A. SNYDER

TEXT: This is in reply to your letter of March 10, 1988, to the Department's regional office in Philadelphia, asking for a response concerning "ornamental lighting." In your opinion "a few extra lights on the side and rear of a vehicle would help other people see you better while driving at night."

The agency is interested in the role that vehicle conspicuity plays in accidents and accident avoidance. With reference to motorcycles, we have amended our motor vehicle lighting standard to prescribe performance characteristics for headlamp modulation. We were prepared to amend the standard to require the activation of motorcycle headlamps when the ignition was turned on (but did not do so when we learned that almost all motorcycles were being wired to operate in that fashion). Some time ago we aske d the public to comment on ways of increasing the conspicuity of large vehicles as our research had indicated that reflective tape applied to the side and rear of wide trucks and trailers might lessen crashes and crash severity, and our research still co ntinues in this area. Most importantly we adopted the center highmounted stop lamp for passenger cars because of the ability it demonstrated in test fleets to reduce the frequency of rear end impacts.

The type of lights of which you speak are referred to as "presence" lamps (as contrasted with "signal" lamps), and the agency over the years has acted with respect to all motor vehicles by requiring them to be equipped with side marker lamps, and by incr easing the lens area for stop lamps. As the Federal safety standards are by statutory definition "minimum" safety standards, the requirement that there be two taillamps, for example, does not mean that a manufacturer may not add two more if it wishes, o r any lighting device not covered by the standard. The sole restriction is that lighting devices added by the manufacturer or dealer that are in excess of the minimum must not impair the effectiveness of the equipment required by the standard. This cou ld happen, for example, if a fog lamp (not covered by the standard) was of an intensity and located so that it masked an adjacent front turn signal. With respect to nighttime operation, the critical issue would appear to be that additional lighting devi ces not create glare to oncoming and following drivers.

The owner of the vehicle is not under a similar Federal restriction, and may personally add such additional lighting devices as seems desirable, subject to the laws of the States where the vehicle is registered and/or driven. However, the owner may not have these devices installed by a motor vehicle dealer or repair business if the result is to render wholly or partially inoperative any of the vehicle's original lamps or reflectors.

We appreciate your suggestion for improving motor vehicle safety.

ID: nht94-1.22

TYPE: Interpretation-NHTSA

DATE: January 21, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Terry Karas -- T. K. Auto Inc.

TITLE: None

ATTACHMT: Attached to letter dated 11/5/93 from Terry Karas to John Womack

TEXT:

This responds to your FAX of November 5, 1993.

You have asked whether a Canadian car that was accompanied by a Canadian manufacturer's letter stating that the vehicle complies with U.S. safety standards can be imported as a conforming vehicle under Box 2.

Box 2 on the HS-7 importation form is the importer's declaration under 49 CFR 591.5(b) that the motor vehicle to be imported complies with all applicable U.S. Federal motor vehicle safety standards, and bears a certification label or tag to that effect, affixed by the original manufacturer of the vehicle. Because some Canadian vehicles may be virtually identical to those manufactured in the United States, and hence may comply with U.S. safety standards even if not bearing a specific certification to U. S. safety standards, the National Highway Traffic Safety Administration has accepted, in lieu of specific certification to U.S. safety standards, a letter from the Canadian manufacturer stating that the vehicle to be imported was manufactured to comply w ith the U.S. safety standards.

If a manufacturer's compliance letter accompanies a vehicle manufactured for sale in Canada at the time such vehicle is offered for importation into the United States, the vehicle may be entered under Box 2 as a conforming vehicle, without the interventi on of a registered importer or the issuance of a bond. However, the manufacturer's compliance letter must contain the VIN of the specific vehicle that is to be imported, and an unqualified statement that the vehicle, as manufactured, complied with all a pplicable U.S. Federal motor vehicle safety standards.

Customs will then forward the HS-7 form and manufacturer's letter to this agency. However, if customs wishes us to review the manufacturer's letter, it is the prerogative of Customs to defer entry of the vehicle until it has received our views as to whe ther entry under Box 2 is appropriate.

You have also asked whether it makes "a difference if it is being imported for commercial or private purposes." Any Canadian vehicle that is accompanied by an acceptable manufacturer's letter of compliance is eligible for entry as a conforming vehicle u nder Box 2, regardless of whether the intent of importation is the commercial sale of the vehicle, or the retention of the vehicle for private use. However, if the letter is not an acceptable statement of compliance and the importation is for commercial purposes, the vehicle may only be imported under bond by a registered importer who must satisfy NHTSA that the vehicle complies, or has been brought into compliance, with the U.S. safety standards. Even though the registered importer's compliance work may be minimal, it is important to remember that the registered importer is also the person

responsible by statute for implementing notification and remedy campaigns in the event that noncompliances of the original manufacturer or safety related defects are discovered in the Canadian vehicle.