ID: nht68-1.42

DATE: 05/28/68

FROM: AUTHOR UNAVAILABLE; J. R. O'Gorman; NHTSA

TO: Minnesota Automotive, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of April 1, 1968, to the Motor Vehicle Safety Performance Service, concerning compliance with the Federal Motor Vehicle Safety Standard No. 105.

Basically, when a car dealer modifies a conforming vehicle, he then assumes responsibility for the vehicle's compliance to all applicable standards if that vehicle is distributed to a purchaser for purposes other than resale. Specifically, if a car dealer installs the Model 7900 Driver Training Brake on a conforming vehicle that he sells, than compliance to the Federal Motor Vehicle Safety Standard No. 105, as well as other applicable standards, is required. In the case where the dealer owns and loans the vehicle with the installed Model 7900, we would hope that he would again comply.

The enclosed literature may be of additional assistance to you in response to your inquiry.

ID: nht68-1.43

DATE: 06/21/68

FROM: ROBERT M. O'MAHONEY -- NHTSA; CONCURRENCE BY GEORGE C. NIELD

TO: Recreational Vehicle Institute, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: Mr. Bridwell has asked that I reply to your letter of June 4, 1968.

In your letter you refer to (1) an earlier letter dated November 8, 1967, requesting confirmation of your understanding of the application of the motor vehicle safety standards to recreational vehicles; and (2) a Petition for Reconsideration of the Chassis-cab regulation filed March 19, 1968.

With regard to your letter of November 8, as you know from conversations with members of the staff of the Motor Vehicle Safety Performance Service and the Chief Counsel's Office this letter was misplaced. By letter of May 8, you were good enough to send a copy of the letter of November 8, noting that of the eleven questions asked two have not been clarified by some action taken by the Federal Highway Administration. The unanswered questions are quoted and answered below:

Question --- 3. "The inside mirror need not have the field of view prescribed by Paragraph S3.1.1 of Standard No. 111 (even to the point of providing no view of the road behind a truck camper if the camper mounted on the truck obstructs the driver's vision) provided an outside mirror is installed on the passenger's side of the truck cab, as required by Paragraph S3.2.2."

Answer -- You are correct in your understanding of Standard No. 111. Subparagraph S3.2.2 of Standard No. 111 specifies that if the inside mirror required by S3.1 does not meet the field of view requirements of S3.1.1, an outside mirror of substantially unit magnification shall be installed on the passenger's side.

Question --- 10. "Everything said above concerning truck campers applies equally to truck caps, which are enclosures (roof, sidewalls and ends but no floor and usually no built in equipment) mounted on a pick-up truck.'

Answer --- Truck caps which you describe are considered to be in the same category as slide-in campers and are items of motor vehicle equipment for use in motor vehicles. As such truck caps must meet the requirements of Federal Motor Vehicle Safety Standard No. 205, Glazing Materials - Passenger Cars, Multipurpose Passenger Vehicles, Trucks, Buses, and Motorcycles.

With regard to your Petition for Reconsideration filed March 19, 1968, you note in a letter of May 13, 1968 that three matters raised in the Petition are still unanswered and further action is required. The problems you raise, as you know, are complex. The entire problem of the applicability of the standards to vehicles produced in the multi-stage is still under consideration.

ID: nht68-1.44

DATE: 06/03/68

FROM: AUTHOR UNAVAILABLE; Joseph R. O'Gorman; NHTSA

TO: Bert's Truck Equipment Incorporated

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of April 18, 1968, in which you provided certification information, and presented extra axle modification problems.

Enclosed is a copy of the Federal Motor Vehicle Safety Standards with chassis-cab information from the Federal Register.

Your certification of compliance concerns compliance of the vehicle at the time of your installation or modification. It does not extend to subsequent additions or modifications by others.

With respect to an old truck body mounted on a chassis-cab which is manufactured on or after January 1, 1968, you are required to bring the lighting into compliance. (See Federal Standard 108 applicable for January 1, 1965.

With regard to lighting requirements for trucks, the corner lights, or side marker and clearance lamp requirements are also provided in the foregoing, enclosed standard.

Your letter is being referred to the engineers responsible for standards preparation, and the information is appreciated.

ID: nht68-1.45

DATE: 01/18/68

FROM: AUTHOR UNAVAILABLE; Joseph R. O'Gorman; NHTSA

TO: Ander-BTT Incorporated

TITLE: FMVSR INTERPRETATION

TEXT: We are in receipt of your letter dated November 30, 1967, forwarded to us through the Michigan Department of State Police.

This letter is in answer to your inquiry as to whether your mobile home or trailer house is required to comply with the Federal Motor Vehicle Safety Standards. From the brief description of your product we would state that your vehicle would fall into the category of the multi-purpose passenger vehicle.

Enclosed is a copy of the Initial Federal Motor Vehicle Safety Standards. Your attention is directed to Subpart B. This section indicates those safety standards which multi-purpose passenger vehicles are required to comply with.

Also enclosed is a notice published in the Federal Register dated November 4, 1967, stating the Certification Requirement effective January 1, 1968.

If we can provide additional information, please feel free to contact this office.

ID: nht68-1.46

DATE: 01/29/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Messrs. Gilbert; Segall and Young

TITLE: FMVSR INTERPRETATION

TEXT: In answer to your letter of December 15 I am enclosing a copy of the regulations published January 10 governing the importation of motor vehicles subject to the Federal motor vehicle safety standards.

You have advised us that Rolls-Royce prefers to affix the certification required by section 114 of P.L. 89-563 during manufacture of its passenger cars, and to install seat belts after importation of such cars into the United States. The regulations (19 C.F.R. 12.80(b)(iv) will allow Rolls-Royce to do so providing the informational label it prescribes is affixed to the windshield of these cars during shipment.

I hope this is satisfactory to your client.

ID: nht68-1.47

DATE: 01/12/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Headquarters 26th Tactical Reconnaissance Wing (USAFE)

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of November 21, 1967, to Mr. Lowell K. Bridwell, requesting information on the enforcement of the National Traffic and Motor Vehicle Safety Act of 1966 with reference to vehicles imported by servicemen.

Specifically you have asked:

"a. If (1) A foreign made vehicle, or (2) An American made vehicle, which was purchased prior to 1 January 1968, is imported into the Continental United States subsequent to 1 January 1968, must the vehicle conform to the standards presently established?"

The Federal motor vehicle safety standards affect only vehicles manufactured on or after January 1, 1968. Vehicles manufactured prior to January 1, 1968, need not conform.

"b. Is there any exception for vehicles purchased after 1 January 1968 and imported after that date from the safety standards?"

I enclose a copy of the regulations promulgated jointly by the Department of Transportation and the Department of the Treasury which appeared in the Federal Register on January 10 which govern importation of vehicles. Section 12.80 (b)(1), (b)(2), (b)(3), and (b)(7) set out exemptions which are applicable, generally, to American citizens including servicemen (for whom no special exemption is provided).

Currently we have no information as to which foreign made vehicles will conform to the standards. I agree that information concerning which cars would be helpful to overseas military personnel and I am hopeful that eventually we may be able to implement your suggestion.

For your information, we plan, in the near future, to inaugurate an information program for United States military and civilian personnel overseas. Among those who will be contacted in this regard are the legal assistance officers of each of the Staff Judge Advocates of the Military Services.

ID: nht68-1.48

DATE: 01/12/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Road and Track

TITLE: FMVSR INTERPRETATION

TEXT: In response to your letter of December 19 to Mr. Boaz regarding the proposed regulations governing the importation of motor vehicles and how they affect racing cars, I enclose a copy of the final regulations which are now in effect. You will see that 19 C.F.R. 12.80(b)(7) permits importation of noncomplying motor vehicles for purposes of competition if they are not licensed for use on the public roads.

ID: nht68-1.49

DATE: 02/12/68

FROM: AUTHOR UNAVAILABLE; William Haddon Jr. M.D.; NHTSA

TO: Warren G. Magnuson; House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter to January 2 enclosing correspondence from your constituent, William Dixon of Beattle.

Mr. Dixon opposes the regulations, then proposed and now adopted, issued jointly by the Department of Transportation and the Department of the Treasury which govern the importation of motor vehicles subject to the Federal motor vehicle safety standards.

These regulations implement section 108(b)(3) of the National Traffic and Motor Vehicle Safety Act of 1966 which states that a motor vehicle manufactured after December 31, 1967, which does not conform to applicable standards:

". . . shall be refused admission into the United States under joint regulations issued by the Secretary of the Treasury and the Secretary, except that the Secretary of the Treasury and the Secretary may, by such regulations provide for authorizing the importation of such motor vehicle . . . upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriate to insure that any such motor vehicle . . . will be brought into conformity with any applicable Federal motor vehicle safety standard prescribed under this title, or will be exported or abandoned to the United States."

As to Mr. Dixon's reference to limited production" automobiles, S. 2029, passed by the Senate in November and pending in the House, is a bill which, if enacted, would provide a procedure by which manufacturers (foreign as well as domestic) of 500 or less motor vehicles per year could apply for relief from compliance with such standards as cause it substantial economic hardship.

ID: nht68-1.5

DATE: 11/25/68

FROM: H. M. JACKLIN; CONCURRENCE BY R. M. O'MAHONEY -- NHTSA

TO: Firestone Tire and Rubber Company

TITLE: FMVSS INTERPRETATION

TEXT: This will acknowledge your letters of July 12, 1968, October 10, 1968, and October 31, 1968, to the National Highway Safety Bureau requesting the addition of three 50 Series Centilevered Sidewall tire size designations to Federal Motor Vehicle Safety Standard No. 109.

On the basis of the data submitted indicating compliance with the requirements of Federal Motor Vehicle Safety Standards Nos. 109 and 110 and other information submitted in accordance with the procedural guidelines set forth in Federal Register Volume 33, No. 195, page 14964, dated October 5, 1968, the E50C-16, F50C-16 and H50C-17 tire size designations will be listed within a new table to be established in Appendix A of Standard No. 109 and the 3 1/2 inch rim size will be listed within Table I of the Appendix to Standard No. 110. These changes will be published in the Federal Register in the near future.

The addition of new tire size designations to the tables is accomplished through an abbreviated procedure consisting of the publication in the Federal Register of the petitioned tire sizes or tables. If no comments are received, the amendment becomes effective after 30 days from the date of publication. If comments objecting to amendments are received, additional rule making pursuant to Part 216 of the Procedural Rules for Motor Vehicle Safety Standards will be considered.

ID: nht68-1.50

DATE: 02/12/68

FROM: AUTHOR UNAVAILABLE; William Haddon Jr. M.D.; NHTSA

TO: Thomas H. Kuchel; House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: The Commissioner of Customs has referred to us for further reply your letter of January 8, 1968, enclosing correspondence from your constituent, G. Harry Windsor of Los Catoa. Mr. Windsor objects to regulations of the Department of Transportation and the Department of the Treasury which he believes would result in the "arbitrary disposal or confiscation" of certain motor vehicles. He also states that he is denied the right "to import a single car manufactured after 1 January 1968, even a highly priced collector's item for static display" because he is not a manufacturer. While the regulations as originally proposed might have lent themselves to such an interpretation, Mr. Windsor will be pleased to know that the final regulations were amended to provide that an individual may import a nonconforming vehicle for "show" purposes if it will not be licensed for use on the public roads.

The enclosed regulations, which became final on January 10, 1968, govern importation of motor vehicles subject to the National Traffic and Motor Vehicle Safety Act of 1966. Section 108(b)(3) of the Act provides (which 19 C.F.R. @ 12.80(b)(3) and (e) implement) that vehicle offered for importation into the United States must conform to applicable Federal motor vehicle safety standards prior to its entry except that nonconforming vehicles may be admitted upon terms and conditions appropriate to insure that they "will be brought into conformity . . . or will be exported or abandoned to the United States." (Emphasis supplied) Thus, any disposal or confiscation will not be arbitrary but only in accordance with the statutory mandate.