Interpretation ID: 1982-3.8

TYPE: INTERPRETATION-NHTSA

DATE: 10/12/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: U. S. Postal Service

TITLE: FMVSS INTERPRETATION

TEXT:

OCT 12, 1982 NOA-30

Mr. Darnley M. Howard Director, Office of Safety and Health United States Postal Service 475 L'Enfant Plaza, S.W. Washington, D.C. 20260

Dear Mr. Howard:

This responds to your August 18 letter to Roger Fairchild of this office, regarding the use of cross-view mirrors on certain Postal Service vehicles. These mirrors are convex and have a non-uniform radius of curvature. They would be used to assist drivers in viewing the area immediately in front of the vehicle.

Federal Motor Vehicle Safety Standard No. 111 sets forth rear view mirror requirements for new motor vehicles. Vehicles such as Postal Service trucks are required to comply with one of three specified alternative sets of requirements for mirror systems. The first alternative requires a plane inside mirror providing a specified field of view and a plane exterior driver side mirror, also providing a specified field of view. The second alternative is the same as the first, except that it permits the interior mirror to have a more narrow field of view as long as the vehicle also uses an exterior mirror on the passenger side. The third alternative requires two plane exterior mirrors of at least 19.5 square inches surface area each, with one placed on the driver's side and the other on the passenger's side of the vehicle.

The agency has taken the position that mirrors used on a vehicle in addition to the required mirrors are not subject to any requirements of FMVSS 111. If the cross-view mirrors you wish to use would supplement mirrors which fully comply with one of the alternatives in the standard, the installation of the cross-view mirrors on new Postal Service trucks is in no way prohibited by our standard.

Further, our requirements do not apply to aftermarket modifications to the original equipment mirror system, when those modifications are performed by the vehicle owner. Modifications to the required system would be deemed unlawful only if done by vehicle manufacturers, distributors, dealers, or motor vehicle repair businesses. Thus, the use of the cross-view mirrors is permissible in any case, so long as one of these designated businesses does not Perform the modification. However, we recommend that the cross-view mirror be used in addition to the original equipment mirrors, and not as a substitute for those mirrors. Based on our experience with non-uniform radius mirrors, these mirrors should not be used when the vehicle is in motion, since the mirror produces an image which can distort distances. Rather, the mirror should be used to detect people in front of the vehicle while the vehicle is stopped.

NHTSA would appreciate the opportunity to review the results of your test program once it is completed. If we can be of assistance to you in evaluating the mirrors, please, feel free to contact us.

Sincerely,

Frank Berndt Chief Counsel

August 18, 1982

Mr. Roger Fairchild Legal Counsel - Federal Motor Vehicle Safety Standard Number 111 National Highway Traffic Safety Administration - Room 5219 U.S. Department of Transportation 400-7th Street, S.W. Washington, D.C. 20590

Dear Mr. Fairchild:

The U.S. Postal Service is considering the testing of an "eyeball" type mirror on certain postal vehicles to provide the driver with a view of the area immediately in front of the vehicle. Currently, for this purpose, we are using convex mirrors, which meet Federal requirements.

The "eyeball" mirror has a nonuniform radius of curvature and, as such, may be in violation of Federal Motor Vehicle Safety Standard Number 111. We understand, however, that the National Highway Traffic Safety Administration (NHTSA) is considering a revision to the standard which would eliminate a design restriction and allow the use of mirrors that do not have a uniform radius of curvature.

Since we wish to fully comply with the NHTSA standards and also evaluate methods that may enhance our efforts to prevent accidents involving children, we are seeking U.S. Department of Transportation approval to allow the Postal Service to conduct a limited test of the "eyeball" type mirror. Approximately 10 postal vehicles would be involved and would include the use of the K-10 "Eyeball" Truck/Bus Mirror, manufactured by K-10 Enterprises Incorporated of Mission, Texas, or an equivalent mirror. Information concerning the K-10 mirror is enclosed for your review and consideration.

The matter has been previously discussed with Mr. Kevin Cavey of the Office of Vehicle Safety Standards, NHTSA. Mr. Cavey was most helpful and suggested we address our inquiry to your office.

Should you need additional information, please feel free to call Mr. Jerry A. Jones, General Manager, Safety Compliance Division, Office of Safety and Health, at 245-4686.

Sincerely,

Darnley M. Howard Director, Office of Safety and Health Employee Relations Department

Enclosure