ID: nht91-3.6

DATE: April 1, 1991

FROM: John Marcum -- Chairman, Electric Vehicles, S.A.

TO: Administrator -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 4-22-91 from Paul Jackson Rice to John Marcum (A37; VSA Sec. 108(2); Part 591); Also attached to letter dated 12-14-90 from John Marcum to Administrator, NHTSA

TEXT:

In reviewing our correspondence, we note that we apparently have not yet received a response to our December 14, 1990 request for a temporary exemption for the EVSA prototype electric minibus. Although the circumstances have changed somewhat since our letter, we would still appreciate your consideration of whether this exemption could be granted. I am attaching a copy of the letter for your convenience.

Please let us know if you need further information.

ID: aiam1376

Dear Senator Percy: This is in reply to your communication of January 3, 1974, forwardin to us correspondence dated November 29, 1973, from Mr. Bruce Motyka of Des Plaines. Mr. Motyka requests information regarding laws relating to pickup trucks and camper weight limits, laws or studies relating to the sale of trucks exceeding GVW (Gross Vehicle Weight) rate minimums, and regulations or studies regarding maximum weights for tires.; The NHTSA has issued regulations relating to the installation o campers onto pickup trucks. Motor Vehicle Safety Standard No. 126 'Truck camper loading' (49 CFR S571.126) requires each camper to bear a permanent label containing information on its maximum loaded weight. The standard also requires each camper to be furnished with an owner's manual that contains information on total camper weight, the selection of an appropriate pickup truck, appropriate methods of camper loading, how to determine the camper's center of gravity and where it should be placed on the truck cargo area. A companion 'Consumer Information' regulation, 'Truck camper loading' (49 CFR S575.103) requires that written information be provided at the sale of each truck capable of being equipped with a slide-in camper that deals with the correct installation of a slide-in camper in that vehicle. This information is also required to be available in dealers' showrooms for retention by prospective purchasers of such trucks.; Other NHTSA regulation (49 CFR Part 567, 'Certification') require ever motor vehicle, including pickup trucks, to be labeled usually on the driver's door or door jam, with its gross vehicle weight rating, and the gross axle weight rating for each axle. Each of these ratings is intended to be based on the weight of a fully loaded vehicle, as determined by the vehicle's manufacturer. While it is possible for manufacturers to be incorrectly rate vehicles, and thus be in noncompliance with the regulations, we have not found this practice to occur in the case of pickup trucks.; There are also Federal requirements requiring motor vehicle tires t carry a load rating. Motor Vehicle Safety Standard No. 109 applies to passenger car tires and has been in effect since January 1, 1968. Motor Vehicle Safety Standard No. 119 applies to tires for all other types of motor vehicles (trucks, trailers, buses, motorcycles, and multipurpose passeng r(sic) vehicles) and will become effective September 1, 1974. This agency has conducted a study of the overloading of tires on recreational vehicles, and information regarding this study as well as copies of the safety requirements referred to above are enclosed.; We did not receive Mr. Motyka's earlier letter to us. As his question are of a general nature we have provided him with general answers. If his questions involved a particular problem we would be happy to provide further assistance.; Sincerely, Lawrence R. Schneider, Chief Counsel

ID: aiam2817

Dear Mr. Sornson: This is in reply to your letter of May 4, 1978, to Howard Dugof requesting confirmation of two interpretations of Motor Vehicle Safety Standard No. 108. You have cited our letter of December 29, 1976, to your Mr. Weil as support for your views.; With respect to your first concern, you have stated your understandin that in a multiple compartment taillamp the manufacturer has the option of using one or more compartments to meet the minimum photometric requirements specified for taillamps, but when the intensity ratio of the turn signal lamp to the taillamp is computed, the ratio must be determined with all taillamp compartments lighted.; As we interpret Standard No. 108's requirements for taillamps (SA Standard J585d, *Tail Lamps (Rear Position Light)*, August 1970), a single compartment lamp may be used as a taillamp, but if a multiple compartment lamp or multiple lamps are used to meet the photometric requirements, S3.1 of J585d requires that the combination of the compartments or lamps must be used to meet the photometric requirements for the corresponding numbers of lighted sections (Table 1, J585d) in those instances where the distances between filament centers do not exceed 22 inches for two- compartment or lamp arrangements, and 16 inches for three compartment or lamp arrangements. If these distances are exceeded, each compartment or lamp must comply with the photometric requirements for one lighted section. Therefore your interpretation is incorrect that a manufacturer may use only one compartment of a multi-compartment lamp when considering compliance with the photometric requirement for taillamps.; Your second concern is the requirement for multiple lamps in excess o three. You have noted that Table 1 of SAE J585 makes no provision for candlepower requirements where there are more than three lighted sections. Noting that the maximum candlepower permissible rises in increments of 5 per section (15 for one section, 20 for two sections, 25 for three sections) you have asked for confirmation of your opinion that 'it appears logical that the allowable candle-power for a four compartment system should be 30 candlepower.'; Standard No. 108 does not specify requirements for compartments o lamps in excess of three. If you wish to use a four compartment or lamp system you are legally free to distribute the candlepower as you deem appropriate. Accordingly we have no objection to your belief that 30 candlepower is allowable provided that the multiple compartment lamp or multiple lamp arrangement meets all other requirements of J585d.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam1516

Dear Mr. Dobbyn: Your May 1, 1974, letter to Mr. Clyde Roquemore has been forwarded t me for reply. You ask for our comments on a draft standard on crash helmets developed by the National Bureau of Standards' Law Enforcement Standards Laboratory for the National Institute of Law Enforcement and Criminal Justice, which was enclosed in your letter. You point out that this draft standard 'is intended for voluntary use by state and local law enforcement agencies in their equipment selection and procurement process.'; Section 103(d) of the National Traffic and Motor Vehicle Safety Act o 1966, 15 U.S.C. 1392(d), provides:; >>>Whenever a Federal motor vehicle safety standard established unde this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed to prevent the Federal Governmnent or the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable Federal standard.<<<; Pursuant to his statutory authority under the National Traffic an Motor Vehicle Safety Act, the Administrator of the National Highway Traffic Safety Administration (NHTSA) established Federal Motor Vehicle Safety Standard No. 218, *Motorcycle Helmets*, 49 CFR Part 571.218, on August 9, 1973. Since Standard No.218 establishes minimum performance requirements for motorcycle helmets manufactured for use by motorcyclists and other motor vehicle users, any differing State or municipal requirements in the form of laws or regulation applicable to the design or performance of motorcycle helmets which have a bearing on safety would be void in accordance with the preemption provision of the Act cited above.; On the other hand, if a law enforcement agency (or any other person wishes to establish higher requirements for its own procurement purposes, for helmets that nevertheless conform to Federal standards, nothing in the law would prohibit that.; I have enclosed a copy of the National Traffic and Motor Vecle Safet Act of 1966 and copies of each of the four notices issued by the NHTSA on motorcycle helmets. If I can be of any further assistance, please let me know.; Sincerely, Lawrence R. Schneider, Chief Counsel

ID: aiam0471

Dear Mr. Verrill: This is in reply to your letter of October 12, 1971, in which you mad several requests with respect to the Tire Identification and Record Keeping (49 CFR Part 574) and Certification (49 CFR Part 567) regulations.; >>>1. You suggested that the Tire Identification and Record Keepin regulation be amended to provide that where tires are not shipped on or in a vehicle, the vehicle manufacturer's record keeping obligation be limited to three years from the date of sale. We will take this request into consideration, and let you know when a decision is made. It appears that since the minimum time would apply to all vehicle manufacturers, such a requirement should appear in a regulation other than Part 574.; 2. You requested the deletion of the requirement that information o the certification label be placed 'in the order shown.' We have previously denied petitions relating to the order of information on the label (36 F.R. 19593), and this request is also denied. The requirement that the label information be placed in a definite order has been in effect for over two years, and has been found to enhance the readability and hence the usefulness of the label. Now that further numerical information is to be required on the label, we consider that it will be even more important that this requirement be maintained.; 3. You requested 'an interpretation that a multi-column label or label in two parts each with an information column, will meet the requirements of [Part] 567,' because of the space limitations on some trailers. As long as the information appears in the order specified in the regulation, the NHTSA has no objection to a multi-column label or a label in two parts.; 4. Finally, you requested that a trailer manufacturer be allowed to us up his existing supply of labels, by affixing a supplementary label with the additional required information. As stated above, we have decided to adhere to the requirement that the information on the label be in the order specified, although it may be in more than one column or part. To the extent that the action requested would allow a manufacturer not to conform to that requirement, the request is denied. Although the deviation might appear small, it would seriously detract from the integrity and enforceability of the regulation to allow incidental nonconformity without amending the requirement. The other vehicle manufacturers have undoubtedly already incurred costs similar to those cited by your client, and it would be distinctly unfair not to enforce the regulation evenhandedly as to all parties.<<<; Sincerely, Robert L. Carter, Acting Associate Administrator

ID: aiam1515

Dear Mr. Dobbyn: Your May 1, 1974, letter to Mr. Clyde Roquemore has been forwarded t me for reply. You ask for our comments on a draft standard on crash helmets developed by the National Bureau of Standards' Law Enforcement Standards Laboratory for the National Institute of Law Enforcement and Criminal Justice, which was enclosed in your letter. You point out that this draft standard 'is intended for voluntary use by state and local law enforcement agencies in their equipment selection and procurement process.'; Section 103(d) of the National Traffic and Motor Vehicle Safety Act o 1966, 15 U.S.C. 1392(d), provides:; >>>Whenever a Federal motor vehicle safety standard established unde this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed to prevent the Federal Governmnent or the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable Federal standard.<<<; Pursuant to his statutory authority under the National Traffic an Motor Vehicle Safety Act, the Administrator of the National Highway Traffic Safety Administration (NHTSA) established Federal Motor Vehicle Safety Standard No. 218, *Motorcycle Helmets*, 49 CFR Part 571.218, on August 9, 1973. Since Standard No.218 establishes minimum performance requirements for motorcycle helmets manufactured for use by motorcyclists and other motor vehicle users, any differing State or municipal requirements in the form of laws or regulation applicable to the design or performance of motorcycle helmets which have a bearing on safety would be void in accordance with the preemption provision of the Act cited above.; On the other hand, if a law enforcement agency (or any other person wishes to establish higher requirements for its own procurement purposes, for helmets that nevertheless conform to Federal standards, nothing in the law would prohibit that.; I have enclosed a copy of the National Traffic and Motor Vecle Safet Act of 1966 and copies of each of the four notices issued by the NHTSA on motorcycle helmets. If I can be of any further assistance, please let me know.; Sincerely, Lawrence R. Schneider, Chief Counsel

ID: aiam2803

Dear Mr. Loftus: This responds to your January 12, 1978, letter asking several question concerning the applicability of the Federal safety standards to vehicles that are being reconstructed with new chassis. The answers to your specific questions are set forth below.; 1. You ask whether the replacement of the engine, transmission, driv train, rear end, frame, front axle, front brakes, wheels and steering box constitutes the manufacture of a new chassis requiring a new or upgraded body. The answer to your question is yes. Part 571.7(e) of Volume 49 of the Code of Federal Regulations specifies the items that must be retained in a truck chassis in order that such chassis be considered used. These same considerations apply to reconstructed school buses since they are built on truck chassis.; 2. You ask what parts of a chassis must be retained to ensure that th vehicle could continue to utilize an old body that does not comply with current Federal safety standards. Part 571.7(e) states that, at a minimum, the engine, transmission, and drive axle(s) must be retained.; 3. You ask who must certify a remanufactured vehicle if its chassis i considered old or new. In the case of an old chassis that retains the required components and is therefore considered used, no certification is required of any repair business. In the case of a remanufactured chassis, the chassis manufacturer must certify his chassis for compliance and the shop that installs the body must certify the final compliance of the vehicle.; 4. Part 568.8 states that vehicles altered before the first purchas for purposes other than resale must be labeled with an alterer's label. When a new chassis is installed in a vehicle, this is not an alteration, but rather, it is the manufacture of a new motor vehicle. Therefore, section 568.8 would not apply. The other provisions of Part 568 relating to the manufacture of a new motor vehicle would apply to this reconstructed vehicle. The person undertaking the remanufacture would be treated like the original manufacturer of the vehicle and would be required to certify it for compliance with the standards.; 5. Standards promulgated after 1975 that are specifically applicable t school buses are : Standard No. 217-76, *Bus Window Retention and Release*, Standard No. 220, *School Bus Rollover Protection*, Standard No. 222, *School Bus Body Joint Strength*, Standard No. 222, *School Bus Passenger Seating and Crash Protection*, and Standard No. 301-75, *Fuel System Integrity*. Many of the other safety standards apply to school buses as well as other vehicles. I am enclosing a sheet detailing the applicability of Federal safety standards. All Federal safety standards are located in Volume 49 of the Code of Federal Regulations, Part 571. By examining the standards in Part 571, you can ascertain when their most recent amendment has occurred.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam4871

"Dear Mr. Hoffman: This responds to your letter of March 26, 1991 addressed to Mr. Harry Thompson, asking about a private school's use of 'mini-vans which are designed to carry more than 10 passengers.' Your letter was referred to our office for reply. You stated that the school has become aware of the National Traffic and Motor Vehicle Safety Act (Safety Act) and is concerned whether the operation of the vans is in compliance with applicable regulations under the Act. You asked a number of questions related to that concern. I am pleased to have this opportunity to clarify the operation of Federal law as it applies to school buses. The National Highway Traffic Safety Administration (NHTSA) defines 'school bus' as a motor vehicle designed for carrying 11 or more persons, including a driver, and sold for transporting students to and from school or school-related events. Therefore, the vehicles refered to in your letter would be considered school buses under federal law. The National Highway Traffic Safety Administration (NHTSA) has issued Federal motor vehicle safety standards applicable to all new school buses. These standards impose obligations on the manufacturers and sellers of new motor vehicles, not upon the subsequent users of these vehicles. It is a violation of Federal law for any person to sell as a school bus any new vehicle that does not comply with all school bus safety standards. If your client believes that they have been sold noncomplying vehicles, and that the dealer knew of their intended use, the school should contact NHTSA's Office of Vehicle Safety Compliance, at the address given above, and inform them of the apparent violation of Federal law. Without violating any provision of Federal law, a school may use a vehicle to transport school children, even if the vehicle does not comply with Federal school bus regulations. This is so because the individual States have authority over the activities of a user of a school bus. Since the various questions you ask assume that the Safety Act regulates users of school buses, we are unable to provide specific answers to those questions. To determine whether the private school your firm represents may use noncomplying vans, you must look to state law. I must emphasize NHTSA's position that a vehicle meeting Federal school bus regulations is the safest way to transport students. I encourage the school your firm represents to give its most careful consideration to the possible consequences of transporting students in vehicles that do not comply with these regulations. I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel";

ID: aiam3925

Dear Mr. Richard: This responds to your letter inquiring about the Federal safet standards that would apply to a product you are planning to sell. You stated that the product is a 6 inch by a 4 inch sheet of 1/8 inch thick semi-transparent rubber that is held on a side window of a vehicle by four suction cups. The purpose of the sheet is to shield vehicle occupants from the sun. The following discussion explains the applicability of our safety standards to your sun screen.; Pursuant to the National Traffic and Motor Vehicle Safety Act, we hav issued Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials,* (49 CFR 571.205) which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars).; Any manufacturer, dealer or other person who installs tinting films o other sun screen devices, such as those described in your letter, in *new* vehicles must certify that the vehicle as altered, continues to comply with the requirements of the standard. Thus, for example, the light transmittance through the combination of the sun-screening material and the glazing must be at least 70 percent in the case of glazing used in windows requisite for driving visibility. Similarly, the combination must also meet the other applicable requirements of the standard, such as the abrasion resistance requirements.; After a vehicle is sold to the consumer, owners may alter thei vehicles as they please, so long as they adhere to all State requirements. Under Federal law, an owner may install any device regardless of whether the installation adversely affects light transmittance. The agency does, however, urge owners not to install equipment which would render inoperative the compliance of a vehicle with our standards. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from applying sun screens on their vehicles.; If a manufacturer, dealer, distributor or motor vehicle repair busines installs the sun screen device for the owner of a used vehicle, then S108(a)(2)(A) of the Vehicle Safety Act may apply. That section provides that none of those persons may knowingly render inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with a Federal motor vehicle safety standard. Violation of the 'render inoperative' provision can result in Federal civil penalties of up to $1,000 for each violation.; I am enclosing the sample of your product you sent with your letter. I you need further information, the agency will be glad to provide it.; Sincerely, Jeffrey R. Miller, Chief Counsel

ID: aiam3975

Dear Mr. Weight: Thank you for your letter to Secretary Dole concerning black windows i automobiles. Your letter was referred to the National Highway Traffic Safety Administration since we are the agency that issues Federal Motor Vehicle Safety Standards (FMVSS). We have issued FMVSS No. 205, *Glazing Materials*, which sets performance requirements, including light transmittance requirements, for glazing used in motor vehicles. As explained below, FMVSS No. 205 limits the use of darkly tinted windows.; FMVSS No. 205 requires glazing, both tinted and untinted, in a ne passenger car to transmit at least 70 percent of the light that falls on it. To give you an idea of what level of tinting is allowed, please consider the following examples. If a window were completely open, the light transmitted through the opening would be 100 percent, clear windows have about 90 percent light transmittance, while factory-equipped tinted windows in new vehicles have about 80 percent light transmittance.; Minimum visibility levels are necessary to allow the average driver t detect other vehicles, pedestrians, bicyclists and traffic and road signs under all lighting conditions. Were the light transmittance *less* than 70 percent, such as found in darkly tinted glazing, visibility would be reduced to the extent that it could pose a safety hazard. From your description, I assume that the light transmittance of the 'black window' is less than 70 percent. A situation where the light transmittance is below 70 percent may be in violation of FMVSS No. 205.; No manufacturer or dealer is permitted to install tinting material i new vehicles without certifying that the vehicle continues to be in compliance with the light transmittance requirements of the standard. If a dealer, manufacturer, repair business or distributor installs dark tinting material in a used vehicle, then a violation of Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act may result. That section provides that none of these persons may knowingly render inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable motor vehicle safety standard. Violation of the 'render inoperative' provision can result in Federal civil penalties of up to $1,000 for each violation.; Owners of used vehicles may, themselves, alter their vehicles, so lon as the vehicle adheres to all State requirements. Under Federal law, the owner may in this manner install dark tinting material regardless of whether the installation adversely affects the light transmittance. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from applying dark tinting material on their vehicles.; I hope this information is helpful to you. Sincerely, Jeffrey R. Miller, Chief Counsel