ID: nht89-1.80

TYPE: INTERPRETATION-NHTSA

DATE: 04/27/89

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: KAREN E. FINKEL -- EXECUTIVE DIRECTOR NATIONAL SCHOOL TRANSPORTATION ASSOCIATION

TITLE: NONE

ATTACHMT: LETTER DATED 02/14/89 FROM KAREN E. FINKEL TO JOHN TILGHMAN -- NHTSA, OCC 3163

TEXT: Dear Ms. Finkel:

This responds to your recent letter to my office asking whether school buses used by school bus contractors regulated by the Federal Highway Administration (FHWA) must have push-out windows, even when those buses are used for purposes other than school t ransportation.

The answer to your question depends on the effect of our and FWHA regulations on the vehicles in question. We will only address the effect of NHTSA's requirements in this letter, and will ask FHWA to reply to you directly on FHWA requirements for push-o ut windows.

Under NHTSA's requirements, the answer is no. As you know, the buses you describe would have to comply with our Federal motor vehicle safety standards (FMVSS's) for school buses if they are sold as "school buses," i.e., for purposes that include carryin g students to and from school or related events. (49 CFR S571.3) The determination of the intended use of the vehicle would be made at the time the new vehicle is first sold to the "school bus contractors." Any person selling the new buses to the contrac tors who knows that the vehicles would be used as school buses would be required to sell complying school buses. Since vehicles need only meet the FMVSS's applicable to their vehicle type (e.g., "school buses"), the school buses need not meet FMVSS's for non-school buses, even though the school buses might also be used for purposes other than school transportation. Conversely, any person selling a bus to a contractor knowing that the bus would not be so used, would not be required to sell a complying s chool bus.

FMVSS No. 217, Bus Window Retention and Release, does not generally require push-out windows for school buses, except a push-out rear window is required if a manufacturer decides to satisfy FMVSS No. 217's school bus emergency exit requirements by select ing the option (S5.2.3.1(b)) that calls for such a window.

Further, FMVSS No. 217 does not require push-out windows for non-school buses. The agency proposed to require push-out windows for non-school buses early in the rulemaking history of Standard No. 217 (35 FR 13025; August 15, 1970), but decided against su ch a requirement because devices other than push-out windows appeared to be effective for emergency egress. 37 FR 9394; May 10, 1972. Thus, new buses sold to bus operators for non-school bus purposes need not have push-out windows under Standard No. 21 7.

For your information, NHTSA has issued an advance notice of proposed rulemaking (53 FR 44623; November 4, 1988) to review Standard No. 217's emergency exit requirements for school buses. Among the issues under consideration by the agency is the desirabi lity of a requirement for push-out windows. NHTSA is presently reviewing the comments received on the notice. A copy of the notice is enclosed.

In summary, a new bus sold for purposes that include carrying school children must meet our FMVSS's for school buses. This is so even if the bus is also used for non-school purposes. Our FMVSS's for school and non-school buses do not now generally requ ire push-out windows.

We expect the FHWA will provide you with an interpretation of their requirements for push-out windows shortly.

Sincerely,

ENCLOSURE

ID: nht89-1.81

TYPE: INTERPRETATION-NHTSA

DATE: 04/27/89

FROM: P.H. Moes -- U.S. Trade Corp.

TO: Chief Counsel, NHTSA

TITLE: INTERPRETATION CAFE-REGULATIONS: OBLIGATIONS & RESPONSIBILITIES

ATTACHMT: ATTACHED TO LETTER DATED 06/22/89 FROM STEPHEN P. WOOD -- NHTSA TO P.H. MOES; REDBOOK A33; CSA 502 (9); CSA 505

TEXT: Dear Sir:

US Trade Corporation has been converting vehicles for their owners for many years.

We assisted with the importation and filled out the short form or HS-189 and HS-7 forms as per copies enclosed. The name of the importer is always the owner of the vehicle.

However, when an EPA-emission conversion has to be done as well, the EPA entry form 3520-1 will show our Company as the importer of record.

Some US Customs officers are now confused and sometimes require the customs broker to fill in the name of US Trade Corporation instead of the owner on the DOT forms.

We understand that the only vehicles that we have to list on the yearly CAFE form are the ones that we import with US Trade Corporation listed as owner.

In order to clarify this confusion, we would like to receive your confirmation on both issues on writing so that we can inform our brokers accordingly and know what to do with the CAFE form.

Sincerely,

ID: nht89-1.82

TYPE: INTERPRETATION-NHTSA

DATE: 04/28/89

FROM: JOHN WOODDELL

TO: CHIEF COUNSEL NHTSA

TITLE: INTERPRETATION OF STANDARD 208 AS APPLIED TO 1978 DODGE RAMCHARGER

ATTACHMT: ATTACHED TO LETTER DATED 06/21/89 FROM STEPHEN P. WOOD -- NHTSA TO JOHN WOODDELL; REDBOOK A33; STANDARD 108 [A][1][A]; STANDARD 108 [A][2][A]; STANDARD 108 [B][1]; STANDARD 208

TEXT: Dear Sir:

I was referred to your office for a written interpretation of Standard 208 by Mr. Guy Hunter, in the Crashworthiness Division. Mr. Hunter was kind enough to go over the Standard with me by telephone and reported his opinion concerning the application of the Standard to the vehicle with which I am concerned.

The question for consideration is:

What type of seat belt assembly should have been installed in a 1978 model Dodge Ramcharger?

The subject vehicle was manufactured in November 1977. It is a four wheel drive vehicle, with a gross vehicle weight of approximately 6,000 lbs. It is a two door vehicle with a hard top and enclosed sides. In general appearance, it would be comparable to the Chevrolet Blazer or the Ford Bronco. We understand that it fits within the designation "multi purpose passenger vehicle" for purposes of Standard 208.

Based on my conversation with Mr. Hunter, I arrived at the following interpretation of the standard:

Section S4.2.2 is controlling, and that said section requires that the vehicle comply with one of the three options set out in Section S4.1.2. The "first option" and "second option" refer to passive type restraint systems; those would be sufficient f or this vehicle, but were, as a matter of custom and practice not used in the time periods involved here. The "third option" requires either (1) a lap and shoulder belt assembly, or

(2) a lap belt system designed to withstand a special test requirement relative to crash protection and injury force criteria, set out in Section S5.1. Of these two alternatives, the lap belt and special test criteria option was seldom or never used i n the time period involved here. Accordingly, as a practical matter, the subject vehicle would be expected to have a lap and shoulder belt assembly.

If the interpretation arrived at from my discussion with Mr. Hunter is accurate, I would appreciate receiving a letter from your office confirming that interpretation.

If further information is needed or I can be of assistance in expediting this request, please do not hesitate to contact me.

Thank you for your assistance.

Very truly yours,

ID: nht89-1.83

TYPE: INTERPRETATION-NHTSA

DATE: 04/28/89

FROM: THOMAS A. COZ -- SENIOR ATTORNEY NORTH AMERICAN VAN LINES

TO: OFFICE OF THE GENERAL COUNSEL DEPARTMENT OF TRANSPORTATION NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: HIGH-MOUNTED TRAILER STOP LAMPS/TURN SIGNALS

ATTACHMT: ATTACHED TO LETTER DATED 08/24/89 FROM STEPHEN P. WOOD -- NHTSA TO THOMAS A. COZ -- NORTH AMERICAN VAN LINES; REDBOOK A34; STANDARD 108; LETTER DATED 01/13/88 FROM L.F. ROLLIN -- DEPARTMENT OF CALIFORNIA HIGHWAY PATROL TO THOMAS A. COZ -- NORTH AMERICAN VAN LINES

TEXT: Dear Sir or Madam:

The purpose of this letter is to request an opinion regarding North American Van Lines, Inc. ("NAVL") use of high-mounted stop lamps/turn signals on some of our interstate highway trailer fleet. I raise this question in light of Federal Motor Vehicle Safety Standard No. 108 ("FMVSS 108") which specifies mounting heights for brake lights and turn signals on interstate motor carrier equipment.

To assist you in rendering your opinion, I enclose a photograph of a NAVL trailer which has been retrofitted with high-mounted stop lamps/turn signals on both sides of the trailer. In addition, I enclose a copy of "Final Specs," dated January 19, 198 7, pursuant to which NAVL ordered 50 trailers from the Kentucky Manufacturing Company. NAVL has received these new trailers from Kentucky Manufacturing, and they all have the high-mounted stop lamps/turn signals specified in Item 14 of the three-page "F inal Specs" sheets. Finally, I enclose a copy of a VHS-type videocassette which shows the operation of high-mounted stop lamps/turn signals on the highway.

NAVL believes these supplemental high-mounted stop lamps/turn signals are permitted under FMVSS 108. For purposes of clarity, however, NAVL hereby requests your written opinion on this question. Please send your written opinion in response to this l etter to me at the address listed above.

If you have any questions or if you need further clarification of what NAVL is asking you to do, please contact me directly. My telephone number is (219) 429-2224.

Thank you for your assistance in this matter.

Sincerely,

ENCLOSURES

ID: nht89-1.84

TYPE: INTERPRETATION-NHTSA

DATE: 05/03/89

FROM: MARCIA M. AVIS

TO: NHTSA OFFICE OF CHIEF COUNSEL

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 05/31/90 FROM STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL TO MARCIA M. AVIS, A35, STD 213

TEXT: I am inquiring as to the saftey standards and regulations for an accessory seat pad to be used with the child's booster car seat -- or restraint seat. It is a seat cushion approximately 1/4 inch thick to be placed under the childs booster seat. It will be held in place with the strap system inherent to the booster seat along with the weight of the child on the seat. The material is a quilted polyester fabric. I need to know the regulations as to positioning of seat with this pad, flammability or oth er factors involved with placing a pad under the child's seat. Please write or call to the address and number on letterhead. The cushion will provide comfort and allow the child to rest their head while sleeping.

ID: nht89-1.85

TYPE: INTERPRETATION-NHTSA

DATE: 05/05/89

FROM: DANIEL F. WIECHMANN

TO: ROBERT A. DETERMAN -- IOWA OFFICE OF CONGRESSMAN FRED GRANDY

TITLE: THE STATE OF IOWA VS. BARRY LYNN SPEICH

ATTACHMT: ATTACHED TO LETTER DATED 07/05/89 FROM JEFFREY R. MILLER -- NHTSA TO FRED GRANDY, REDBOOK A33 (3); STANDARD 108; LETTER DATED 05/09/89 FROM FRED GRANDY -- CONGRESS TO JERRY CURRY -- NHTSA; LETTER DATED 09/23/88 FROM DANIEL F. WIECHMANN TO RUTH SKLUZACEEK, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH, FRANKLIN COUNTY CRIMINAL NO. WD488435; NO 24.432.0788 [321.424] OF THE CODE OF IOWA; LETTER DATED 10/10/88 FROM JODY JOHNSON -- IOWA DOT TO DANIEL F. WIECHMANN, REF NO 911.2; LETTER DATED 10/14/88 F ROM DANIEL F. WIECHMANN TO RALPH HITCHCOCK -- NHTSA, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH, FRANKLIN COUNTY CRIMINAL NO WD488435; NO. 24.432.0788 [321.424] OF THE CODE OF IOWA

TEXT: Dear Bob:

I believe I had spoken to you earlier about the problem that had arisen concerning the headlight covers on a vehicle of Barry Lynn Speich from Hampton.

A question had arisen as to whether or not this type of lighting device was legal in the State of Iowa. I wrote to Ruth Skluzaceek, Director of Vehicle Registration Office, Lucas State Office Building, Des Moines, Iowa, concerning the same, a copy of my letter of September 23, 1988, being enclosed. In response, on October 11, 1988, I received a letter from Jody Johnson, Administrative Officer, Vehicle Registration, Motor Vehicle Division, Iowa Department of Transportation, to the effect that the St ate of Iowa did not have the authority to approve the headlamp covers, as Iowa Administrative Rule Chapter 450,761 -- 450.1(321) adopted Federal Standards and Equipment Approval, a copy of said letter being enclosed.

As a result of Jody Johnson's letter of October 10, 1988, I followed her advice and wrote to Mr. Ralph Hitchcock, U.S. Department of Transportation, National Highway Safety Administration Standards, Washington, D.C., setting forth the same information and the same request, a copy which letter is enclosed.

I am sure the National Highway Traffic Safety Administration Standards has better things to do, than to answer my letter of October 14, 1988; unfortunately, in a case pending in the District Court of the State of Iowa in and For Franklin County (Magis trat Division) Criminal Division, is important to my client and the answer which we seek is the crucial question in this case as to whether or not the headlamp covers in question are in fact illegal, or are in fact approved.

My logic tells me that these type of covers are in fact approved as I have seen them on numerous vehicles not only in the state of Iowa, but in other states as I have traveled. I am sure that the companies who sell these items would not be selling th em, if they were not in fact approved items.

I am also enclosing some information concerning these headlamp covers which may be helpful in the search that is done.

Your cooperation in this matter is greatly appreciated.

Thank you very much.

Yours very truly,

ENCLOSURES

ID: nht89-1.86

TYPE: INTERPRETATION-NHTSA

DATE: 05/08/89

FROM: DAN TREXLER, -- THOMAS BUILT BUSES INC SPECIFICATIONS ENGINEER

TO: ERIKA Z. JONES -- OFFICE OF CHIEF COUNCIL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 08/30/89 FROM STEPHEN P. WOOD -- NHTSA TO DAN TREXLER; REDBOOK A34 [7]; STANDARD 105; STANDARD 108; STANDARD 121; STANDARD 217

TEXT: Dear Ms. Jones,

We, as well as other body companies, have received requests to install a master electrical disconnect switch on many buses. This switch disconnects the entire electrical system from the battery(ies) (i.e., battery cut-off switch).

The requests have been both in the form of state requirements (on school buses) and by individual customers. Additionally, it is a recommendation contained in the Baseline Advanced Design Transit Coach Specifications (UMTA "White Book") (Part II, page I I-75, section 3.6.5.3).

When this switch is turned to the "off" position, it renders inoperative the warning signals (to the driver) required by FMVSS 105, 121 and 217. It also inactivates the hazard warning flasher required by FMVSS 108.

Would the installation of such a switch constitute a safety related hazard or noncompliance if, a) it is accessible to the seated driver or, b) it is remotely located in the battery or engine compartment without ready access to the driver?

We would appreciate an interpretation of this matter at your earliest convenience.

Sincerely,

ID: nht89-1.87

TYPE: INTERPRETATION-NHTSA

DATE: 05/09/89

FROM: FRED GRANDY -- CONGRESS

TO: JERRY CURRY -- NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 07/05/89 FROM JEFFREY R. MILLER -- NHTSA TO FRED GRANDY, REDBOOK A33 (3); STANDARD 108; LETTER DATED 05/05/89 FROM DANIEL F. WIECHMANN TO ROBERT A. DETERMAN, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH; LETTER DATED 09/2 3/88 FROM DANIEL F. WIECHMANN TO RUTH SKLUZACEEK, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH, FRANKLIN COUNTY CRIMINAL NO. WD488435; NO 24.432.0788 [321.424] OF THE CODE OF IOWA; LETTER DATED 10/10/88 FROM JODY JOHNSON -- IOWA DOT TO DANIEL F. WIECHMANN , REF NO 911.2; LETTER DATED 10/14/88 FROM DANIEL F. WIECHMANN TO RALPH HITCHCOCK -- NHTSA, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH FRANKLIN COUNTY CRIMINAL NO WD488435; NO 24.432.0788 [321.424] OF THE CODE OF IOWA

TEXT: Dear Jerry:

Recently I was contacted by Daniel Wiechmann, Jr. an attorney from Hampton, Iowa concerning an October 14, 1988 letter he sent to Mr. Ralph Hitchock at the National Highway Traffic Safety Administration Standards that has not been responded to as of this date. Enclosed find the correspondence I have received from Mr. Wiechmann.

I would be grateful if you would review this matter so a reply can be sent to Mr. Wiechmann as soon as possible. Mr. Wiechmann has indicated he has a case pending in the District Court of the State of Iowa waiting on this response. I would appreciate a copy of your response sent to my Mason City office.

Thank you for your attention in this matter.

Sincerely,

Enclosure

ID: nht89-1.88

TYPE: Interpretation-NHTSA

DATE: May 12, 1989

FROM: Donald W. Vierimaa -- Vice President-Engineering, Truck Trailer Manufacturers Association

TO: Billy Mohr -- Commander, Support Section, Motor Carrier Division, Department of State Police

TITLE: None

ATTACHMT: Attached to letter dated 6/1/94 from John Womack to Donald W. Vierimaa (VSA S103(a)), letter dated 8/9/93 from Donald W. Vierimaa to John Womack and letter dated 5/16/89 from Billy Mohr to Donald W. Vierimaa

TEXT:

Please advise us as to whether he attached sketches properly interpret the Michigan bumper, trailer "wheelbase", and side marker lamp requirements for the length of trailers shown. We would appreciate a copy of the actual regulations or law for referenc e purposes describing the bumper, lighting, and kingpin to center of tandem/single axle requirements.

Regarding the lighting requirements for trailers longer than 50 feet as described in your letter of March 27, 1989, we assume that the "two clearance lamps" described in (8)(c) of the regulations describes the "intermediate side marker lamps" regulated b y NHTSA in FMVSS 108. If indeed Michigan is requiring two additional intermediate side marker lamps to those required by FMVSS 108, then it would appear that your requirement is invalid as FMVSS 108 preempts State regulations which substantially differ. Please see excerpts from NHTSA legal interpretations on this subject in the attachment to TTMA RP No. 9, section 1.0.

Thank you in advance for further clarifying your regulations for our member trailer manufacturers.

ID: nht89-1.89

TYPE: INTERPRETATION-NHTSA

DATE: 05/16/89

FROM: STEPHEN P. WOOD -- NHTSA ASSISTANT CHIEF COUNSEL FOR RULEMAKING

TO: THOMAS C. GRAVENGOOD -- AGAP'E PLASTICS INC.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 08/11/89 FROM STEPHEN P. WOOD -- NHTSA TO GEORGE A. VANSTRATEN; REDBOOK A34; STANDARD 108 LETTER DATED 07/12/89 FROM GEORGE A. VANSTRATEN -- VAN STRATEN HEATED TAIL LIGHT; OCC 3732; ALSO ATTACHED TO 04/03/89 LETTER FROM THOMAS GRAVENGOOD TO NHTSA (OCC 3348)

TEXT: Dear Mr. Gravengood:

This is in reply to your letter of April 3, 1989, to this Office enclosing samples of plastic lenses. Your company manufacturers "heated lights" which appear beneficial in melting snow that accumulates on them in the winter months. In your letter, you s tated:

"All lights, lenses, and materials to assemble the heated safety lights have already been certified and passed the Motor Vehicle Safety Standard No. 108. We have been advised by the National Highway Traffic Safety Administration that there is no moto r vehicle safety standard no. for heated lights. In order for us to do business at the O.E.M. level we require a letter of approval from you to us that we may pass on to our customers so they may start ordering and we may start producing."

We have no authority to "approve" or "disapprove" items of motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, an equipment manufacturer "approves" each of its own products that are subject to a Federal motor vehicle safety standard by certifying that it meets all applicable Federal motor vehicle safety standards, or (if it is a vehicle manufacturer), that the vehicle on which the lamp is installed, complies with the standards. However, we can advise you of the relationshi p of your product to Standard No. 108. This should prove helpful in dealings at the O.E.M. level.

There are two types of O.E.M. lighting equipment: lamps that are required by Standard No. 108, and supplementary lamps that do not come under its coverage. Although your product literature indicates that the highmounted heated taillamp supplements the or iginal equipment lamp, it is not clear whether the heated signal lamp serves as the required signal lamp or is a supplement to the original equipment. Accordingly, this letter discusses how Standard No. 108 treats both original required and original sup plemental lighting equipment.

If you are the manufacturer of original lighting equipment required by Standard No. 108, but not the manufacturer of the vehicle on which it is installed, the vehicle manufacturer, and not you, has the legal

2

responsibility under the Act and Standard No. 108 of ensuring that the equipment complies with the standard, and of certifying that the vehicle meets all applicable Federal motor vehicle safety standards. As a practical matter, however, vehicle manufact urers generally insist that equipment manufacturers provide assurance that their products meet Federal standards, but the "certification" they may insist upon is not required by the Act. You are correct that there is no standard that applies to heated l amps as such. The Federal standard that applies is the one imposed by Standard No. 108 for the particular equipment item (taillamps or signal lamps in this instance).

If you are manufacturing a lamp as an original equipment supplement to required original lighting equipment, the burden remains on the vehicle manufacturer who installs it. The only restriction on a supplementary lamp that Standard No. 108 imposes is th at it not impair the effectiveness of the required lighting equipment (paragraph S4.1.3). Your lamps "splice into" the wiring for the taillamps and "marker lamps", according to your product literature. Therefore, it is incumbent upon the vehicle manufa cturer to ensure that this installation does not negatively affect the performance of the required taillamps and signal lamps, or otherwise impair its effectiveness. If the vehicle manufacturer determines that no impairment exists, then it may certify t hat its vehicles comply with all applicable Federal motor vehicle safety standards.

Observing that the product literature depicts the heated taillamp installed in the upper corners of a school bus body, we must also call attention to an additional provision of Standard No. 108. The location depicted is one that is frequently used for t he clearance lamps required by Standard No. 108. Paragraph S4.4 of Standard No. 108 forbids the optical combination of clearance lamps and taillamps. Thus, your lamp cannot optically combine these two functions if it is to be used as new vehicle equipm ent.

Other enclosures to your letter indicate that at present the heated lamp is being installed on buses in use, that is to say, as non-original equipment. The requirements imposed by Standard No. 108 and the Act for aftermarket manufacturers of lighting eq uipment differ from those for original equipment. If the lamp you produce is intended to replace an original equipment certified lamp, it is considered replacement equipment. As a manufacturer of a replacement taillamp or signal lamp, the legal obligati on to produce a complying equipment item falls squarely upon you, as does the certification responsibility. If the lamp is intended only to replace a supplemental lamp, you are not required to certify. However, there may be instances in which your lamp is interchangeable with original certified equipment, and even though you may not intend it as replaceable lighting equipment, you may encounter questions from state and federal authorities if it is not manufactured and certified in accordance with Stan dard No. 108.

3

Finally, you should be aware of your responsibilities under the Act in the event that your products do not comply with Standard No. 108, or incorporate a safety related defect (an example would be the inability of the lens to withstand the heat produced during the lamp's operation without warping or cracking). If you or this agency determine that a noncompliance or safety related defect occurs in any item of replacement equipment that you manufacture, you have the obligation to notify purchasers, and t o remedy the problem through repair, repurchase, or replacement of the item. With respect to original equipment, this obligation falls upon the manufacturer of the vehicle on which it is installed.

If you have any further questions we shall be happy to answer them. We are returning your samples.

Sincerely,