Interpretation ID: 1984-2.39

TYPE: INTERPRETATION-NHTSA

DATE: 07/31/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Lamborghini of North America

TITLE: FMVSR INTERPRETATION

TEXT:

Mr. Trefor Thomas Managing Director Lamborghini of North America 23535 Telo Street Torrance, California 90505

Dear Mr. Thomas:

We have received your petition of July 6, 1984, for a two-year exemption of the Lamborghini Countach from the requirement of Motor Vehicle Safety Standard No. 201 that it be equipped with sun visors.

You have filed this petition pursuant to 49 CFR Part 556 on the basis that the noncompliance is inconsequential as it relates to motor vehicle safety due to the construction of the car and the tinted band on the windshield. Petitions of this nature are appropriate where a product has inadvertently been manufactured out of compliance but the noncompliance has been corrected and the manufacturer seeks relief from the statutory responsibilities of notification and remedy for its past production. We do not understand this to be the case, as you have not reported importation of any Countachs without sun visors.

The proper procedure to obtain temporary exemptions from prospective noncompliances are those of 49 CFR Part 555. We assume that you have a copy of this regulation. If you wish to petition on one of the bases of this regulation, we shall be pleased to consider the matter further.

Sincerely,

Frank Berndt Chief Counsel

July 6, 1984

The Administrator NHTSA Washington, D.C. 20590

Dear Sir:

RE: PETITION FOR PARTIAL EXEMPTION FROM FMVSS #201-LAMBORGHINI COUNTACH LP 500S

Enclosed, please find our petition for partial exemption from Standard 201 for sun visors on the basis that such non-compliance is inconsequential in relation to road safety due to the construction of the car and the tinted band on the windshield.

We look forward to hearing from you soon.

Yours sincerely,

Trefor Thomas Managing Director Lamborghini of North America

TT:ac Enc.

LAMBORGHINI OF NORTH AMERICA LAMBORGHINI COUNTACH LP500S PETITION FOR EXEMPTION FROM PART OF 49CFR PART 571.201.5.3.4.

49CFR 556.(B) (3)

APPLICANT: LAMBORGHINI OF NORTH AMERICA 17230 SOUTH AVALON BOULEVARD CARSON, CALIFORNIA 90746

Applicant is a corporation organized under the laws of the State of California.

49CFR 556.(b)(4)

Temporary exemption is requested from 49CFR, Part 571.201.5.3.4.

Sunvisors

5.3.4.1. A sun visor that is constructed of or covered with energy absorbing material shall be provided for each front outboard designated seating position.

Exemption is requested for a period of two (2) years. Vehicle concerned is the Lamborghini Countach LP500S. Number of vehicles involved is fifty (50) per year, for each of the two (2) years for which exemption is requested.

49CFR 556.4(b) (5)

Basis for petition

Our basis for request for exemption is probably more relevant to 49CFR 556, in that in our opinion the non-compliance of the vehicle with the sun visor requirement is inconsequential relative to motor vehicle safety.

The roofline, front header rail, (actually a part of the tubular steel roll cage) and the top portion of the windshield which is lightly tinted are relatively low and the angles subtended at the eye point relative to the horizontal plane by the roofline and the bottom of the tinted strip are as low as conventional sun visor placement would provide. The enclosed photograph shows the view from eye-level.

The enclosed diagram shows the position of a 50th percentile male's head from and the generation of the angles subtended at the eye-point by the header rail and the lowest point of the tinted portion at the top of the windshield.

"INSERT"