ID: aiam5484

"Dear Ms. Chamberlain: This responds to your letter asking about ho this agency's regulations might apply to your product. I apologize for the delay in sending this letter. You explained in a telephone conversation with Paul Atelsek of this office that your product is an emergency kit the size of an 'oversize notebook.' The kit contains a radio. In completing your design, you are considering whether to attach it to the back side of the front seats or under those seats. You asked whether the National Highway Traffic Safety Administration (NHTSA) has any regulations as to the distance that must be kept clear between the back side of the driver's seat and the back seat. You are considering marketing the kit for passenger cars and light trucks through retail outlets, and possibly also through automobile dealerships as an optional accessory. The short answer to your question is that, while there are no regulations concerning clearance between the front and back seats, there are Federal requirements that may affect the sale of this product. I am pleased to have this opportunity to explain our regulations. I am also enclosing a copy of a fact sheet titled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.' By way of background information, NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. These are contained in title 49, part 571 of the Code of Federal Regulations. As you recognize in your letter, your safety kit is an accessory and thus an item of motor vehicle equipment. While your emergency kit is an item of motor vehicle equipment, NHTSA has not issued any standards for such an item. Nevertheless, there are other provisions of law that may affect the manufacture and sale of your product. Installation of your product on the back of front seats could have an impact on compliance with Standard No. 201, Occupant protection in interior impact. S3.2 of that standard basically requires that seat backs have a certain amount of cushioning to provide protection when struck by the head of rear seat passengers during a crash. If your emergency kit were installed so that a hard object (e.g., the radio) contained within it were to be struck by the head, the requisite amount of cushioning might not be achieved. We note that there are no safety standards regulating the underside of the seats, which you have said is another interior space where you are considering mounting the emergency kit. Which legal requirements apply depends on how your product is marketed. If your product were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with the emergency kit installed complies with all FMVSS's, including Standard No. 201. A commercial business that installs your emergency kit would also be subject to provisions of the U.S. Code that affect modifications of new or used vehicles. Section 30122(b) of Title 49 provides that: A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard . . . This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your device if the system renders inoperative the vehicle's compliance with the FMVSS's. For instance, compliance with Standard No. 201 might be degraded if the emergency kit were mounted in front of rear seat passengers. Any violation of this 'make inoperative' prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation. The 'make inoperative' prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install your emergency kit in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted. You as the product's manufacturer are subject to the requirements in sections 30118-30122 of Title 49 of the U.S. Code concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Mr. Atelsek at this address or by telephone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel Enclosure";

ID: 09-004022 -- immediate answer for GM re WMIs -- 6 Jul 09 rsy

ID: 10512

Ms. Dona B. Mann R.N., C.E.T.N.
Fastrac Ideas, Inc.
P.O. Box 2579
High Springs, FL 32643

Dear Ms. Mann:

This responds to your letter of November 14, 1994, concerning the "Koze Kover" seat belt holder. Your letter explains that "(t)he Koze Kover seat belt holder will hold the descending shoulder strap away from the jugular area of the neck. It is made from a tri- laminate material of polyester Kodel, 1/4 inch foam and urethane coated pack cloth. It is fastened by a hook and loop closure." You asked whether this product would be affected by any Federal Motor Vehicle Safety Standards issued by this agency.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. The agency does not approve, certify or endorse any vehicles or equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet all applicable standards. The following represents our opinion based on the facts provided in your letter.

There is currently no Federal motor vehicle safety standard that would apply to your product. We do have a standard (Standard 209, Seat belt assemblies) that sets forth requirements for new seat belt assemblies. However, since your product would not be installed as part of a new seat belt assembly, the standard would not apply.

While no Federal motor vehicle safety standard applies to your product, your device is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. ''30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or

NHTSA determines that your product contains a safety- related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 49 U.S.C. section 30122, which prohibits them from installing the device if the installation "makes inoperative" compliance with any safety standard. It appears unlikely from the nature of your product that it would be placed in vehicles by commercial businesses instead of consumers. However, if your product were to be installed by persons in those categories, they must ensure that its installation does not compromise the safety protection provided by the vehicle belt system. The prohibition of section 30122 does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment.

Please note that the addition of any device to a vehicle's belt system raises possible safety concerns. With a device such as yours, the realigning of the shoulder belt could increase the likelihood that the wearer would twist toward the middle of the vehicle, so that the person could be partially or completely unrestrained by the shoulder belt. In addition, if the device introduced excessive slack into the belt system, the occupant's head would be more likely to contact the vehicle interior. Finally, you should be aware that originally installed safety belts must meet the requirements of Standard No. 302, Flammability of Interior Materials. We encourage you to evaluate your product against the requirements of this standard to ascertain whether it would degrade the flammability performance of safety belts.

I hope this information has been helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

Enclosure

ref:209 d:1/4/95

ID: nht80-2.24

DATE: 04/30/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: WOW--Corporation

TITLE: FMVSR INTERPRETATION

TEXT:

APR 30 1980 NOA-30

Mr. Robert Fondiller, President WOW! Corporation 200 West 58th Street New York, New York 10019

Dear Mr. Fondiller:

This responds to your March 18, 1980, letter to this agency in which you posed some questions about a 3-wheeled vehicle your company plans to produce. First, you wanted to know if a 3-wheeled vehicle would be classified as a car, a motorcycle, or some other vehicle. Second, you asked if the vehicle could be licensed for street and/or highway use. Third, you asked if replacing the single rear wheel with a double rear wheel would result in the vehicle being classified as a 3-wheel or 4-wheel vehicle, and what effect, if any, classification as a 4-wheel vehicle would have on the answers given to the first two questions.

This agency classifies all 3-wheeled motor vehicles as motorcycles, pursuant to the definition of "motorcycle" given in 49 CFR S 571.3. The pertinent part of that section reads:

"Motorcycle" means a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.

We determine the number of wheels on a vehicle simply by counting those wheels. Hence, if you were to replace the single rear wheel with a double rear wheel, the vehicle would then be a 4-wheeler vehicle and could not be classified as a motorcycle. Such a vehicle would be classified as a passenger car.

The classification of a vehicle is important since it affects the Federal motor vehicle safety standards with which the vehicle must comply. If a vehicle is a motorcycle, it must comply with the following safety standards: 108, 111, 112, 115, 120, 122, 123, and 127. If, on the other hand, a vehicle is a passenger car, it must comply with the following standards: 101, 103, 104, 107, 108, 110, 111, 112, 113, 114, 115, 118, 124, 127, 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212, 214, 216, 219, and 302. As you see, the requirements for passenger cars are more stringent than for motorcycles.

I have enclosed a pamphlet prepared by this agency which gives a brief summary of the requirements of each of the Federal motor vehicle safety standards. However, because of the volume of these standards, we do not provide copies directly. I have also enclosed an information sheet which explains how you can obtain copies of our standards and other regulations.

This agency does not license any vehicles for street or highway use. We specify performance requirements, and any motor vehicle must be certified by its manufacturer as being in compliance with all applicable safety standards as of the date of its manufacture. If the vehicle complies with these requirements, we specify no further steps which must be taken.

If you have any further questions concerning motor vehicle safety or need further information, please do not hesitate to contact me.

Sincerely,

Frank Berndt Chief Counsel

Enclosures

March 18, 1980

The Administrator National Highway Traffic Safety Administration United States Department of Transportation Washington, D.C. 20590

Re: 3-Wheeled Vehicle

1. We have designed and are completing the building of a 3-wheeled vehicle--which we plan to manufacture in 3 models: electric, gasoline, and hybrid.

2. Would such a 2-passenger, 600-lb. enclosed vehicle be classified as a car? a motorcycle? or other?

3. Could it be licensed for street use? highway use?

4. If we were to replace the single rear wheel with a double rear wheel, would our vehicle be considered a 3-wheel or 4-wheel vehicle? Would a double rear wheel affect the answers to any of the foregoing questions? Thank you for your prompt reply, as we are nearing the finish line.

Cordially,

Robert Fondiller, President

RF:rp Enc. WOW! Lit.

ID: aiam0542

Dear Ms. Mampe: This is in reply to your two letters of June 14, 1972, concerning Moto Vehicle Safety Standard No. 302, 'Flammability of Interior Materials.'; You ask whether the requirement of S4.3 that material not burn no transmit a flame front across its surface at a rate of more than 4 inches per minute includes the flashing of the flame across the surface for only a fraction of a second. The flashing of the flame as you describe it is included within the requirement, and consequently cannot occur at a rate greater than 4 inches-per-minute.; You also ask whether polyethylene covering which does not meet th standard's requirements may be used to protect the interior during shipment, if the material is marked and fitted so that its appearance would ensure that purchasers would not want to use it. You indicate that the manufacturer would also take steps to instruct dealers to remove the material. The NHTSA would consider the material to be outside of the standard's requirements if these steps are taken to prevent it from being used as a seat cover by purchasers.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam3886

Dear Mr. Stafford: This responds to your recent letter requesting information on which o the agency's regulations would apply to a new product you are considering. You described the product as a 'hammock-like seat which, unrolled and fastened into the rear bed of any pickup truck, forms a comfortable passenger seat which may be easily stowed inside the truck cab.' You stated that you plan to sell your product as an item of aftermarket equipment and asked about the application of our regulations to your product.; If your product is sold as an item of aftermarket equipment to b installed by a vehicle owner, it would not be required to comply with Standards Nos. 207, 208, 209, 210, and 302. We were pleased to learn that you have nevertheless voluntarily designed your product to conform to those standards.; As a manufacturer of an item of motor vehicle equipment, you do have responsibility under section 151 *et seq*. of the National Traffic and Motor Vehicle Safety Act to conduct a notification and remedy campaign if you or the agency determines that your product contains a safety-related defect or does not comply with an applicable standard. A copy of the Act is enclosed.; If you have any further questions, please let me know. Sincerely, Frank Berndt, Chief Counsel

ID: aiam0727

Dear Mr. Milby: This is in reply to your letter of May 9, 1972, inquiring whethe temporary covering which is used to prevent soiling of upholstery during production, transportation, and sales demonstration must meet the requirements of Standard No. 302.; Whether the material must comply with the standard dependsupon (sic whether it is likely to be used in a significant number of cases by the purchaser as part of the motor vehicle. You have stated that the purpose of the material is to 'prevent soiling during production, transportation, and sales demonstrations.' It is important that this intent be carried out in practice, if the material is not to be considered vehicle interior material subject to the standard. Two criteria which would be considered in determining whether the material is covered by the standard are (1) whether it is placed in the vehicle in a way that its use after purchase is unlikely, and (2) what steps the manufacturer has taken to see that it is removed before sale to the purchaser. If Blue Bird does take steps to ensure that the material will not be used as a seat cover by the purchaser, then the material would not be required to conform to the standard.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam0788

Dear Mr. Sniff: This is in reply to your letter of June 30, 1972, concerning Moto Vehicle Safety Standard No. 302, 'Flammability of Interior Materials,' asking for a determination of the term 'passenger compartment' in a van-type vehicle that has either a partial partition behind the driver's seat or no partition at all.; We would consider a reasonable interpretation of the phrase 'occupan compartment' found in S1 of the Standard, when applied to van-type trucks which have no physical barrier between the occupant and cargo compartments, to be that area forward of a vertical plane perpendicular to the longitudinal centerline of the vehicle and tangent to the rearmost point of any occupant seat in its rearmost position. In the case where there is a partial partition behind the driver's seat, we would consider the 'occupant compartment' to be that area forward of a vertical plane that constitutes an extension of the partial partition and is perpendicular to the longitudinal centerline of the vehicle. The cargo areas of such vehicles would not be considered 'vehicle occupant compartments' under S4.1 of the Standard, and the materials used in the cargo area need not comply with the Standard.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam3887

Dear Mr. Stafford: This responds to your recent letter requesting information on which o the agency's regulations would apply to a new product you are considering. You described the product as a 'hammock-like seat which, unrolled and fastened into the rear bed of any pickup truck, forms a comfortable passenger seat which may be easily stowed inside the truck cab.' You stated that you plan to sell your product as an item of aftermarket equipment and asked about the application of our regulations to your product.; If your product is sold as an item of aftermarket equipment to b installed by a vehicle owner, it would not be required to comply with Standards Nos. 207, 208, 209, 210, and 302. We were pleased to learn that you have nevertheless voluntarily designed your product to conform to those standards.; As a manufacturer of an item of motor vehicle equipment, you do have responsibility under section 151 *et* *seq*. of the National Traffic and Motor Vehicle Safety Act to conduct a notification and remedy campaign if you or the agency determines that your product contains a safety-related defect or does not comply with an applicable standard. A copy of the Act is enclosed.; If you have any further questions, please let me know. Sincerely, Frank Berndt, Chief Counsel

ID: aiam3888

Dear Mr. Stafford: This responds to your recent letter requesting information on which o the agency's regulations would apply to a new product you are considering. You described the product as a 'hammock-like seat which, unrolled and fastened into the rear bed of any pickup truck, forms a comfortable passenger seat which may be easily stowed inside the truck cab'. You stated that you plan to sell your product as an item of aftermarket equipment and asked about the application of our regulations to our product.; If your product is sold as an item of aftermarket equipment to b installed by a vehicle owner, it would not be required to comply with Standards Nos. 207, 208, 209, 210, and 302. We were pleased to learn that you have nevertheless voluntarily designed your product to conform to those standards.; As a manufacturer of an item of motor vehicle equipment, you do have responsibility under section 151 *et seq*. of the National Traffic and Motor Vehicle Safety Act to conduct a notification and remedy campaign if you or the agency determines that your product contains a safety-related defect or does not comply with an applicable standard. A copy of the Act is enclosed.; If you have any further questions, please let me know. Sincerely, Frank Berndt, Chief Counsel