ID: 3148o

Mr. Max J. Mizejewski
Foreign Marketing Specialists, Inc.
14451 Chambers Rd., Suite 155
Tustin, CA 92680

Dear Mr. Mizejewski:

This is in response to your letter in which you asked whether a product your company plans to import would be subject to any Federal motor vehicle safety standard (FMVSS). According to your letter, this product, which you refer to as a "Roadreader," attaches to the front of a motor vehicle and has two sensors which give a visual and audible alarm when the vehicle drifts off a road. You indicated that this product would be connected to the wiring related to the turn signals. You noted that this device does not affect vehicle functions such as acceleration, braking, lighting, or visibility. You further stated that if required, you would provide the device to NHTSA or another government agency for inspection.

Section 103 of the National Traffic and Motor Vehicle Safety Act ("Safety Act") directs the National Highway Traffic Safety Administration (NHTSA) to establish safety standards for motor vehicles and motor vehicle equipment. Title 49 CFR Part 571 contains the safety standards promulgated by the agency. Although you stated that this device does not affect the electrical wiring related to the turn lights, I suggest you closely review Standard No. 108, Lamps, Reflective Devices, and Associated Equipment (Copy enclosed). This safety standard applies to both motor vehicle equipment installed in new motor vehicles and replacement equipment sold in the aftermarket.

While I cannot conclusively say that this standard is or is not applicable to your product based on the limited facts in your letter, this standard may apply to your product because the wiring for your device is connected to components (i.e., turn lights) subject to the standard. For instance, S4.5.11 requires that components including the turn signal lamps must be wired to flash. More generally, S4.1.3 forbids the installation of an additional piece of motor vehicle equipment that impairs the lighting equipment required by Standard No. 108. Therefore, a device such as yours is permissible as original vehicle equipment provided that it does not impair the effectiveness of the lighting equipment required by the standard.

As for the sale of your product in the aftermarket for vehicles in use, Section 108 of the Safety Act prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with a FMVSS. Since an importer is defined by the Safety Act as a manufacturer, you should assure that installation of your device does not render inoperative, in whole or in part, the turn signal lamp or any other item of motor vehicle equipment subject to Standard No. 108.

As for your second question concerning inspection and approval of your product, you should be aware that NHTSA does not provide approvals of motor vehicles and motor vehicle equipment. Under Section 114 of the Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with all applicable safety standards. Further, as you noted, you would be responsible for recalling any safety-related defects which you or this agency finds in your product.

You also should be aware that laws from particular States may apply to your device. Therefore, you may wish to contact the State and local transportation authorities in the areas where you intend to market your product. The American Association of Motor Vehicle Administrators (4600 Wilson Boulevard, Arlington, Va. 22203) may also be able to provide information about State laws concerning devices similar to your product.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure /ref:VSA#108#108 d:ll/3/88

ID: 3149o

Mr. Brian Hall
President, VS Technology
3046 E. Dover St.
Mesa, AZ 85213

Dear Mr. Hall:

This is in reply to your recent undated letter to Mr. Vinson of this Office. You have described a safety apparatus and have requested "approval" from the Department. The apparatus is a red light that is worn on the back of a rider on small open vehicles such as motorcycles. The light connects to the stop lamp system on the vehicle and is activated at the same time as the vehicle's stop lamp.

The Department has no authority to "approve" or "disapprove" specific concepts or equipment. However, it can advise whether such is permissible or impermissible under Federal statutes or Departmental regulations. Yours is a unique device, and there are no Federal motor vehicle safety standards that apply to it. Our primary concern is whether its operation would in any way interfere with the effectiveness of the vehicle's stop lamp, such as a power drain that would make that light less bright. Because the apparatus is "apparel not a system part...which is intended for use exclusively to safeguard motor vehicles, drivers, passengers...from risk of accident, injury, or death", it meets the statutory definition of "motor vehicle equipment." This means that the apparatus is subject to Federal notification and remedy provisions in the event a determination is made that it incorporates a defect that relates to motor vehicle safety.

Because the Department has no authority to regulate how a vehicle is used on the public roads, you may wish to investigate whether the apparatus is acceptable under the laws of the individual States. The American Association of Motor Vehicle Administrators may be able to provide you with an answer. Its address is 4600 Wilson Boulevard, Arlington, Va. 22203.

We appreciate your interest in improving safety.

Sincerely,

Erika Z. Jones Chief Counsel

/ref:108 d:ll/3/88

ID: 3150o

Mr. Mark Jansen
Chevy Duty Pickup Parts
4600 N.W. 52nd St.
Kansas City, Mo. 64151

Dear Mr. Jansen:

This is in reply to your letter of September 17, 1988, to Taylor Vinson of this Office. You would like to have parking lamp and tail lamp lenses "remanufactured" for use on l947-66 Chevrolet and GMC pickup trucks, and have requested our views.

We assume that you wish to have lenses manufactured to replace original equipment lenses on the trucks produced in the years indicated. Essentially, your operation appears unaffected by the requirements of this Department. The Federal motor vehicle lighting standard applies only to lenses intended to replace original lenses on vehicles manufactured on and after January l, l972, and would not cover lenses for use on l947-66 trucks. However, if the lenses you intend to manufacture are interchangeable with those on vehicles manufactured on and after January l, l972, you may have an obligation to ensure that they meet Federal requirements. If this is the case, we would be pleased to advise you further.

Notwithstanding the foregoing, all replacement lenses are equipment that is subject to Federal notification and remedy provisions if they incorporate a defect that relates to motor vehicle safety. In your case, this likelihood may be remote as the item concerned is a simple one, but attention should be paid to quality control.

Sincerely,

Erika Z. Jones Chief Counsel ref:l08 d:ll/3/88

ID: 3151o

Mr. Ernie J. Bunnell
Vice President/General Manager
Pacific T-Top, Inc.
l5241 Transistor Lane
Huntington Beach, CA 92649

Dear Mr. Bunnell:

This is in reply to your letter of August 30, 1988, to Taylor Vinson of this Office. You have provided diagrams of two types of deck lid spoiler installations, intended as either OEM or aftermarket equipment, and have asked how these relate to requirements for the center highmounted stop lamp. You understand that the spoiler itself does not have to meet the lighting standard, but would like to comply if possible.

You are correct that the spoiler itself is not subject to the lighting standard (Federal Motor Vehicle Safety Standard No. l08); however, its installation has the potential for creating a noncompliance with that standard. The basic requirements for the lamp is that it must meet the photometric intensities at each of the test points specified in Figure l0 of the standard, and the visibility (and other) requirements of paragraph S4.l.l.41. Photometric testing is conducted according to SAE Recommended Practice J186a, with the photometer at a distance of at least l0 feet from the lamp. Test points lie above and below the horizontal axis of the lamp, and to the left and right of the vertical axis.

According to your first design, the spoiler is "at or below the rear brake light using the 5 degree measurement as a guide." You are correct in taking into account the necessity of meeting the 5 degree down test points. But compliance will be affected by the location of the lamp and slope of the deck lid as well as the shape of the spoiler. The second spoiler is designed "to go over the horizontal intensity of the light." We interpret this as recognition of the need to meet the test points lying 5 and l0 degrees above the horizontal. Our comments are the same as for the first spoiler. In short, if a spoiler design is not vehicle specific there may be no practicable way for you, as the manufacturer of the spoiler, to determine whether its installation would create a noncompliance. If your design is vehicle specific, the SAE photometric test could be conducted with the spoiler installed.

The responsibility for compliance with Standard No. l08 is initially that of the vehicle manufacturer. If the spoiler is installed as part of the vehicle manufacturing process, the manufacturer's certification of compliance with all applicable Federal motor vehicle safety standards would cover the center lamp with the spoiler in place. But the dealer also must ensure that a certified vehicle remains in conformance at the time it is delivered to its first purchaser. Therefore, a dealer could be reluctant to install a spoiler that is not vehicle specific in the absence of some showing that it does not create a noncompliance with Standard No. l08.

Once the vehicle is sold, the National Traffic and Motor Vehicle Safety Act in effect forbids the dealer, or any motor vehicle repair business, from modifications that affect compliance of equipment installed in accordance with a safety standard. This prohibition, however, does not extend to the vehicle owner, who may modify the vehicle as (s)he wishes, subject to State laws. We are not aware of any State laws that would forbid spoilers of the designs indicated.

We have enclosed a copy of paragraph S4.l.l.41 and Figure l0 for your information, and appreciate your interest in learning more about Standard No. l08.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure

/ref:108 d:ll/3/88

ID: 3156o

Mr. A. L. Bragg
Laboratory Manager
Truck-Lite Co., Inc.
310 East Elmwood Avenue
Falconer, NY 14733

Dear Mr. Bragg:

This is in reply to your letter of June 22, l988, to Mr. Vinson of this Office asking for an interpretation of Motor Vehicle Safety Standard No. l08.

It is your understanding that for purposes of measuring the effective projected illuminated area of a lens, the reflex area, if any, must be subtracted from the total lens area. Your company manufactures a combination lamp which "has four square inches of reflector area and eight square inches of stop, tail and turn area." You have asked if you may advise your customers that this lamp may be used on vehicles whose overall width is 80 inches or more:

"A) Singularly (that is one on each side of the vehicle in the rear) as a stop, turn, tail and reflex reflector?

B) In combination of two's or three's (on each side of the rear of the vehicle), provided that the lamps are separated by at least twenty-two inches?"

Your understanding is correct, that the effective projected illuminated lens area must be determined without reference to any reflex reflector that may be combined with it. If the turn signal function in your lamp is met by one compartment, your lamp is acceptable under "A)." But if the turn signal function is met by more than one compartment, your lamp would not be acceptable as the area of each compartment is less than l2 square inches. With regard to "B)," the lamps could be used in combinations of twos and threes if they are mounted more than 22 inches apart but could not be used if mounted closer than 22 inches. You also asked about the relationship to paragraph S4.1.1.7. This paragraph covers replacement equipment only, without reference to its location on a vehicle. It applies only to turn signal lamps intended to replace original equipment turn signal lamps on vehicles manufactured in accordance with SAE Standard J588d, June l966. The current original equipment requirement is SAE Standard J588e September l970.

You should be aware that the Truck Safety Equipment Institute has petitioned for rulemaking the effect of which would be to extend the l2-inch requirement to lamps used on all wide vehicles without reference to the 22-inch spacing. At present the agency is reviewing this petition.

I hope that this answers your questions.

Sincerely,

Erika Z. Jones Chief Counsel

/ ref.l08 d:ll/3/88

ID: 3157o

W.E. Baldwin, Ph.D.
President, K-R Industries
418 Crestwood Avenue
Feasterville, PA 19047

Dear Dr. Baldwin:

This is in reply to your letter of September 1, 1988, asking for an interpretation of paragraph S4.5.11(e) of Motor Vehicle Safety Standard No. l08.

You have developed a center highmounted stop lamp "containing 5 bulbs, where each bulb is illuminated in sequential order." You state that the "time between each lamp illumination is less than 250 ms, providing a steady photometric value, meeting S4.1.1.41(c)", and that "the red lens of the lamp is steadily illuminated, with the illuminated area moveing (sic) in a back and forth motion." In your opinion, the invention meets the requirement of S4.5.11(e) that lamps, other than those enumerated, be steady-burning.

We cannot provide the interpretation you seek. Under paragraph S4.5.4, "the stop lamps on each vehicle shall be activated upon activation of the service brakes." This means that all bulbs providing the center stop lamp signal must be simultaneously activated, not sequentially. In addition, we do not consider a lamp with a moving illuminated area to be one that is steady-burning within the meaning to S4.5.11(e).

Sincerely,

Erika Z. Jones Chief Counsel

/ref:108 d:ll/3/88

ID: 3165yy

Mr. Ken Hanna
Lectric Limited, Inc.
7322 S. Archer Road
Justice, Illinois 60458

Dear Mr. Hanna:

This responds to your letter of July 8, 1991, to Richard Van Iderstine of this agency. You asked whether a proposed manufacturing and marketing scheme would be in violation of any NHTSA regulations.

You intend to petition for rulemaking to amend Standard No. l08 to reinstate SAE Standard J579a as an optional standard for sealed beam headlamps. These lamps would be used on "antique cars." Until SAE J579a is reinstated, you would like to manufacture headlamps to conform to SAE J579c, the current specification for sealed beam headlamps that is incorporated into Standard No. 108. However, you do not wish to mark the lenses with the identification nomenclature that SAE J579c requires (presumably because it was lacking from the J579a headlamps with which the antique cars were originally equipped). You ask if you may market these lamps with identification on the package stating that they are "for display purposes only and not approved for highway use."

Your letter clearly indicates that the purpose of manufacturing the sealed beam headlamps is for their installation on motor vehicles, albeit old ones, and not for "display purposes only." The headlamps are motor vehicle equipment, and must comply with all applicable Federal motor vehicle safety standards, in this instance, SAE J579c. Partial compliance with the requirements is not permissible, and the lenses of headlamps manufactured to conform with SAE J579c must be marked as that standard requires. Thus, your suggested manufacturing and marketing scheme would not conform to Standard No. l08, and, if pursued, it would be a violation of the National Traffic and Motor Vehicle Safety Act.

The manufacture and sale of noncomplying motor vehicle equipment is a violation of the for which a civil penalty of up to $1,000 per violation may be imposed, up to a total of $800,000 for any related series of violations. In addition, as the manufacturer of the equipment, Lectric Limited must certify them as meeting all applicable Federal motor vehicle safety standards, and similar penalties may be imposed for certification that is false and misleading in a material respect. Finally, the manufacturer of nonconforming equipment is required to notify and remedy in accordance with the requirements of the Act.

Because SAE J579a and 579c headlamps are identical in external appearance except for lens marking, we do not believe that authenticity of the appearance of older vehicles will be affected to any discernable degree by requiring that their lenses be marked as the contemporary standard requires.

Sincerely,

Paul Jackson Rice Chief Counsel

Ref.# Std. 108 D. 7/29/91

ID: 3166yy

Mr. Wayne Trueman
BX-100 International
2550 Appian Way, Suite 211
Pinole, CA 94564

Dear Mr. Trueman:

This responds to your recent inquiry about installing your brake equalizer on new school buses and retrofitting this device on used school buses. A brake equalizer is a valve system that proportions the brake pressure between front and rear brakes. After explaining that California law provides that school bus brake systems may be modified only with the written approval of the school bus chassis manufacturer, you asked whether other states have similar requirements about written authorization. You also asked whether there are any special regulations pertaining to school buses that need to be considered prior to installing or retrofitting your product into school bus air brake systems.

I regret that we are unable to provide information concerning state requirements in this area. However, you may be able to obtain the information you desire by contacting individual state directors of pupil transportation. I have enclosed a list of those state officials, as published in School Bus Fleet magazine in January 199l.

I can, however, explain Federal requirements that are relevant to installing your product in new and used school buses. By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Highway Traffic and Motor Vehicle Safety Act (Safety Act), it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with all applicable standards. The following represents our opinion based on the facts provided in your letter.

NHTSA does not have any specific regulations about brake equalizers. However, since this device is tied into a vehicle's air brake system, it could affect a vehicle's compliance with FMVSS No. 121, Air Brake Systems. That standard applies to almost all new trucks, buses (including school buses), and trailers equipped with air brake systems.

If your brake equalizer is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards, including FMVSS No. 121. (see 15 U.S.C. 1397(a)(1) and 49 CFR Part 567) If the device is added to a previously certified new motor vehicle prior to its first consumer sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. (49 CFR 567.7)

If the device is installed on a used vehicle (i.e., retrofitted) by a manufacturer, distributor, dealer, or motor vehicle repair business, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. (15 U.S.C 1397(a)(2)(A))

You may wish to review the Federal Highway Administration's Federal Motor Carrier Safety Regulations, which sets forth inspection and maintenance requirements for commercial motor vehicles, including some school buses. (49 CFR Parts 393 and 396.)

I hope this information is helpful. If you have any further questions, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel Enclosure /Ref: 121 d:9/l6/9l

ID: 3167yy

Mr. Brett Reed
Design Engineer
Imo Industries, Inc.
Morse Controls Division
21 Clinton Street
Hudson, OH 44236-2899

Dear Mr. Reed:

This responds to your letter concerning Federal Motor Vehicle Safety Standard No. 102, Transmission shift lever sequence, starter interlock, and transmission braking effect, as it relates to electronic transmission shift controls that operate automatic transmissions used in heavy duty trucks and RV's and on solenoid operated powershift transmissions used in various on and off highway vehicles. You asked whether "the intent of [section S3.l.3 of the standard] is to render the engine starter inoperative when the transmission is in a forward or reverse drive gear or when the shift lever . . . is in such a gear." As discussed below, Standard No. 102 expressly provides that the engine starter shall be inoperative when the transmission shift lever is in a forward or reverse drive position.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles and equipment meet applicable standards. The following provides our opinion based on the facts provided in your letter.

Section S3.l.3 of Standard No. 102 reads as follows:

S3.1.3 Starter interlock. The engine starter shall be inoperative when the transmission shift lever is in a forward or reverse drive position.

The standard thus expressly provides that the engine starter shall be inoperative when the transmission shift lever is in a forward or reverse drive position.

You state in your letter that "(t)he interests of public safety will be best served by requiring that the engine starter be inoperative when the transmission itself, not the transmission shift lever, is in a forward or reverse drive gear." According to your letter, with the introduction of electronic shift systems and fully electronic transmissions, the connection between the shift lever and the transmission is rarely performed by direct mechanical means, and there is a possibility that the shift lever position may not match the gear currently engaged by the transmission in situations where the transmission control circuitry overrides the shift lever selection in the interest of safety, transmission protection or other criteria related to specific applications. You state that any attempt to artificially match the electronic shift lever's position to the gear currently enaged by the transmission in such override situations involves added cost and complexity, as well as safety and reliability concerns. You also argue that requiring the shift lever to be moved to neutral when the transmission itself is already in neutral due to some override condition imposes unnecessary safety hazards in some applications.

ID: 3170yy

Jeffrey P. Shimp, Engineer
Fleet Engineering & Q.A.
Transportation Department
Baltimore Gas and Electric
Charles Center
P.O. Box 1475
Baltimore, MD 21203-1475

Dear Mr. Shimp:

This responds to your letter of September 17, 1991, regarding the addition of a seat to your company's cargo vans. I am pleased to have this opportunity to explain the requirements of Federal law for you.

The National Traffic and Motor Vehicle Safety Act (Safety Act) authorizes this agency to issue safety standards for new motor vehicles and new items of motor vehicle equipment. The Safety Act requires manufacturers to certify that each of their new vehicles or new items of equipment complies with all applicable safety standards at the time the product is delivered to the first purchaser in good faith for purposes other than resale.

After a vehicle is delivered to the first purchaser for purposes other than resale, modifications to the vehicle are affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, dealer, distributor, or repair business from "rendering inoperative" any device or element of design installed in a vehicle in compliance with a safety standard. Please note that section 108(a)(2)(A) does not affect modifications made by vehicle owners to their own vehicles. Therefore, Baltimore Gas and Electric may install additional seats in the cargo vans it owns without violating the "render inoperative" provision or any other provisions of the Safety Act, providing Baltimore Gas and Electric performs the work themselves.

However, the individual States have the authority to regulate the modifications that owners can make to their own vehicles. You should contact the State of Maryland to learn if it has enacted any laws or regulations that apply to your planned modifications to your vans. In addition, you may wish to consult with an attorney familiar with the law in the State of Maryland regarding potential liability for your company in connection with adding a seat to these vans.

Finally, although Federal law does not regulate your company's planned addition of seats to its vehicles, we urge you to carefully consider the safety issues that would arise if your company proceeds with the installation of these additional seats. Specifically, this agency encourages your company to select and install any additional seats in a way that will not degrade occupant protection, and to install a safety belt for those additional seats, so that your employees using the additional seat will be protected in the event of a crash.

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 /ref:VSA d:l0/9/9l