ID: nht71-4.18

DATE: 10/06/71

FROM: AUTHOR UNAVAILABLE; C. A. Baker for E. T. Driver; NHTSA

TO: Strick Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of September 21, 1971, to Mr. Douglas Toms, Administrator, National Highway Traffic Safety Administration, requesting an interpretation on the mounting of Identification lamps on your trailers.

We hesitate to agree with you that it is not practicable to mount the Identification lamps at the extreme height of the trailer. It would appear to be practicable to mount these lamps at the extreme height, even if a shield were necessary to prevent damage to the lamps during use.

If the identification lamps are mounted at the extreme height of the trailer, the clearance lamp mounting height is optional; therefore, clearance lamps could be mounted on the rear crossmember, as shown on your drawing SK-24139.

ID: nht69-2.23

DATE: 09/08/69

FROM: AUTHOR UNAVAILABLE; C. D. Ferguson; NHTSA

TO: Caroline Nigro

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of July 30, 1969, concerning head restraints on your 1969 Pontiac Catalina.

Before Federal Motor Vehicle Safety Standard No. 202, which requires passenger cars manufactured on or after January 1, 1969, to be equipped with head restraints was issued, the issue you raise, that of the possibility of decreased visibility, was carefully considered. It was felt, however, that the possibility of a slight decrease in visibility, which may occur in certain passenger cars, was far cutweighed by the benefits to safety provided by head restraints.

In a study published by the Society of Automotive Engineers, and conducted by members of the Institute of Transportation and Traffic Engineers, U.C.L.A., it was concluded that (1) "Rear-end collisions are one of the most common types of accidents, and can cause crippling injuries even at low speed," and (2) "head restraints are as important to the motorist involved in rear-end collisions as the safety belt is to the motorist involved in front-end impact."

Furthermore, in the recent case of Sterling Products versus Boyd, in which the Federal Highway Administrator's iasuance of the head restraint standard was challenged and upheld, Judge McGovern of the Circuit Court of Appeals for the District of Columbia concludeds;

"In any event, we find substantial support in the record for conclusion that the contribution of head restriants to consumer safety is such as to warrant their inclusion in all newly manufactured motor cars. There can be no question but that the Administrater, on the besis of the submissions made to him, could reasonably determine that the benefits from mandatory head restraints for outweighed any disadvantage from such restraints due to decreased visibility, or other possible adverse effects upon safety."

Federal law does not prohibit you from removing head restraints. However, I strongly urge that you retain these safety devices in your vehicle for your own safety and protection.

ID: nht69-2.24

DATE: 09/19/69

FROM: AUTHOR UNAVAILABLE; Robert Brenner; NHTSA

TO: Bus and Truck Supply Co.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 6, 1969, and August 15, 1969, in which you request approval of an alternative to the label locations specified in Section 367.4(c) of the Certification Regulations that will be effective as to vehicles manufactured on or after September 1, 1969.

The location you have selected is not considered to be in the same general area, left side of the vehicle, as specified. In view of the fact that interested parties will be looking for the label in that general area, your proposed location, on the right side forward of the entrance door, is not approved. Please select another location that would be in the general area of the driver's seat and submit for approval.

The nomenclature on your label, as shown in drawing No. BS6111-007, does not fulfill the requirements of Part 367.4(g) of the regulations in that the required information is not presented in the order prescribed.

Your cooperation is appreciated.

ID: nht69-2.25

DATE: 09/18/69

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: E. D. Etnyre & Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of July 30, 1969, to the Federal Highway Administration, that has been referred to this office. In your letter you ask for a yes or no answer to specific questions relative to certification of assemblies completed from chassis-cabs. The answers to your questions follow: 1. QUESTION: "We manufacture bodies that are sold through a non-exclusive dealer that sells construction equipment.

The dealers sale includes only the body and its mounting on a chassis-cab. The chassis-cab is furnished by the customer and is normally purchased through a second dealer that handles truck sales. The chassis-cab is delivered to our factory for the mounting of the body. Do we supply certification for the completed vehicle?" ANSWER: The answer to your first question is yes, you would supply certification to the dealer or distributor at the time of delivery of the vehicle. 2. QUESTION: "If the answer to the first question is yes, do we remove the temporary certification label on the chassis cab (367.5), write the chassis-cab vehicle identification number on this and place this in our file as evidence that the vehicle we assemble has been furnished with a certified chassis-cab?" A simple yes or no answer cannot be given to question No.

ANSWER: 2.

The method you use in procuring and retaining information relative to the chassis-cab would be up to you. The procedure you describe, writing the chassis-cab identification numbers on the label and placing some in your file would be considered satisfactory.

3. QUESTION: "With reference to the vehicle identification number, paragraph 267.4(g)(4), do we supply only our vehicle identification (or serial0 number?" ANSWER: yes, you would only supply your vehicle identification (or serial) number in accordance with Part 367.4(g)(2) of the regulation. 4. QUESTION: "Paragraph 367.4(g)(2) requires the month and year of manufacture. It further states "This shall be the time during which work was completed at the place of main assembly of the vehicle." In a previous response to a letter of ours signed by Mr. F. C. Turner and addressed to Senator Charles Persy (copy enclosed). Mr. Turner stated that a FHWA ruling stated that a completed assemblege need only conform to the standards that were in effect at the time of completion of the chassis-cab.

requirement will be the month and year of manufacture as stated on the label in paragraph 367.5." ANSWER: Yes, the month and year of manufacture of the chassis-cab would be used to satisfy the requirements of 367.4(g)(2), month and year of manufacture.

We trust this will clarify the situation for you

ID: nht69-2.26

DATE: 09/24/69

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: Arrow Trailers Incorporated

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 15, 1969, to Dr. Brennar that has been referred to this office, in which you asked whether the name of another company may be placed on the certification label affixed to vehicles manufactured by your company.

The question of "private brand" manufacturing was raised at various stages of rulemaking in respect to the certification regulations. It was decided that the certification label on a vehicle must show the name of the actual manufacturer. This information is important in the enforcement of standards and regulations under the Act. The Vehicle Safety Act, moreover, places primary responsibility for conformity to the standards and for certification of conformity, on the manufacturer, and the regulations are designed to implement that intent. You should note, however, that distributors of the vehicles in question share the responsibility for compliance with the standards to the extent of their knowledge, and participate in the certification by passing it along to dealers or other distributors.

We trust this will clarify the situation for you.

ID: nht69-2.27

DATE: 10/03/69

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Harbors Trailers Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letters of August 12 and September 4, 1969 in which you asked several questions about the responsibilities under the National Traffic and Motor Vehicle Safety Act of companies that assemble bodies to chassis. I have taken the liberty of restating your questions.

What does a person who assembles truck bodies to chassis certify, and on what basis: Such an assembler is a manufacturer" under the Act, and the vehicles that he assembles must be certified by him as conforming to all applicable standards. The primary responsibility for conformity of the chassis-cab, however, falls on the manufacturer of it (generally a major automotive manufacturer), and under the regulations that manufacturer is required to affix to label to the chassis-cab listing the standards to which it conforms. Under section 108(b)(2) of the Act, such a certification protects subsequent persols in the chain of distribution from liability from noncenformity of while they have no knowledge. Thus, the body assembler is directly responsible for conformity of the finished vehicle with (1) any applicable standard to which the chassis-cab manufacturer has not certified, and (2) any other standards conformity to which is affected by what the assembler does to the vehicle. His certification must be for all standards, in the language specified in the certification regulations, but he can rely on the interim certification of the chassis-cab manufacturer for the standards it covers, as long as he does not know of any nonconformity.

What are the applicable standards? The applicable standards for a vehicle manufactured by assembling a body to a chassis-cab are those in effect on the date on which the chassis-cab was completed. This date appears on the label that the chassis-cab manufacturer must affix to the chassis-cab.

What is the vehicle identification number that must appear on the assembler certification label? At present there is not a safety standard relative to a vehicle identification number for vehicles other than passenger cars. The vehicle identification number to be affixed to the completed vehicle under the certification regulations, therefore, should be a number assigned to the vehicle by the assembler, by which he can identify the vehicle on request of an investigating agency such as the Federal Highway Administration.

Is there any requirement for certification of truck bodies separately from the assembled vehicles? No. A truck body is not a "motor vehicle" within the meaning of the Act and the regulations, and therefore is not covered by the present Certification Regulations (49 CFR Part 367). Although it is "motor vehicle equipment", such equipment is only required by the Act to be certified where there is a safety standard applicable directly to it; and there are none at present for truck bodies. When the body is assembled to the chassis, the completed vehicle must be certified in accordance with the Certification Regulations, as explained above.

I am enclosing a copy of the current standards and regulations. We are pleased to be of assistance.

ID: nht69-2.28

DATE: 08/15/69

FROM: DOWELL H. ANDERS - ACTING CHIEF COUNSEL, NHTSA; SIGNATURE BY S. K. BOOTH

TO: Kawasaki Motors Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in reference to your letter of July 28, 1969, in which you inquire whether a company that imports motorcycles, performing final assembly in regard to such items as fuel tanks and fenders, may designate itself as the manufacturer for the purpose of the certification regulations, 49 CFR Part 367.

You state in your letter that Kawasaki Heavy Industries, Ltd., the primary fabricator of the motorcycles, assembles the engine and basic frame, wheel and brake assemblies, handlebars, seat, and "some front lighting equipment". The purpose of the manufacturer's designation in the certification regulations is to identify the company that has primary technical responsibility for conformity of the design and quality control of the assembly. It is our opinion, on the basis of the facts presented in your letter, that Kawasaki Heavy Industries, Ltd. is the manufacturer of the motorcycles in question within the meaning of the National Traffic and Motor Vehicle Safety Act and the certification regulations.

You should note, however, that the certification and import regulations do not require that Kawasaki affix the label to the vehicles. The import regulations allow importation of uncertified vehicles in certain cases, such as those where the importer declares that he will bring them into conformity. 19 CFR @ 12.80(b)(2) (iii) and (iv). In regard to such cases, section 367.2(b) of the certification regulations states:

"In the case of imported motor vehicles, the requirement of affixing a label or tag applies to importers of vehicles, admitted to the United States under @ 12.80(b)(2) of the joint regulations for importation of motor vehicles and equipment (19 CFR 12.80(b)(2), to which the required label or tag is not affixed."

Section 367.4(g)(1) requires in such a case that the label affixed by the importer bear both the name of the manufacturer (Kawasaki) and the importer (McCormack). Thus, the net result is that the label affixed by McCormack must bear the name of Kawaski above that of McCormack. Alternatively, Kawaski could affix the label prior to importation, naming only itself as the manufacturer.

We are pleased to be of assistance.

ID: nht69-2.29

DATE: 12/05/69

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: La France Precision Casting Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 11, 1969, to Mr. Lowell K. Bridwell. Your letter was misplaced and did not reach me until now. I apoligise for the delay.

You submitted a label, asking whether it would comply with the Certification Regulations for motor vehicles, with particular reference to campers, trailers and motor homes. The current Certification Regulation for motor vehicles, published July 9, 1969 (34 F.R. 11560, copy enclosed), require that the vehicle label contain, in the order listed:

1. name of manufacturer;

2. month and year during which manufacture of the vehicle is completed;

3. the following statement --

"THIS VEHICLE CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS IN EFFECT ON THE DATE OF MANUFACTURE SHOWN ABOVE:"

4. vehicle identification number;

5. (for multipurpose passenger vehicles only, as defined in 49 CFR @ 371.3) the words. "TYPE MULTIPURPOSE PASSENGER VEHICLE."

You should note that the above requirements only apply to complete vehicles, which include motor homes and trailers, and not to items of equipment, such as campers, which will be only part of a vehicle. No regulations have been issued as yet for the certification of equipment. Under the National Traffic and Motor Vehicle Safety Act, equipment that either is covered by a standard or, as in the case of most campers, contains other equipment such as glazing that is covered by a standard, must carry a label or tag certifying that the equipment conforms to applicable Federal motor vehicle safety standards.

The label that you submitted differs from the above requirements in several respects. If you or your customers have further questions concerning the certification requirements, we will be pleased to answer them.

ENCLOSURE NATIONAL HIGHWAY SAFETY BUREAU -- MVSFS

ID: nht69-2.3

DATE: 05/08/69

FROM: AUTHOR UNAVAILABLE; Charles A. Baker; NHTSA

TO: Kentucky Manufacturing Company

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of April 7, 1969, to Mr. Frank Turner, Federal Highway Administrator, concerning your request for a clarification of the requirements of rear lights on Drop Frame Trailers.

In determining compliance with Federal Motor Vehicle Safety Standard No. 108, requirements for tail, stop, and turn signal lamps on this type of vehicle will be predicated on the normal driving, or closed tailgate, position. These lamps should therefore meet the requirements of the referenced SAE Standards in Table I and be mounted per the requirements of Table II of Standard No. 108, a copy of which is enclosed.

Thank you for your interest in meeting the intent of the requirements of Standard No. 108.

ID: nht69-2.30

DATE: 09/19/69

FROM: AUTHOR UNAVAILABLE; Robert Brenner; NHTSA

TO: International Harvester Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter dated June 19, 1969, in which you request approval of an alternative to the specified certification label location in accordance with Part 367.4(c) of the regulations. Due to an oversight, your letter has not reached me until now, and I apologize for the delay in responding.

Your proposed label location for models MA-1200 and MA-1500 Metro, on the panel below the wing glass, as shown in your enclosed sketch, is approved.