Interpretation ID: nht79-2.47

DATE: 03/16/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Vespa of America Corporation

TITLE: FMVSS INTERPRETATION

TEXT: We have received your letter of January 22, 1979, petitioning for a determination that a possible noncompliance with Federal Motor Vehicle Safety Standard No. 108 is inconsequential as it relates to motor vehicle safety.

This is to inform you that upon review of Mr. Levin's letter to you of March 14, 1978, and examination of the turn signal system employed on Vespa motor scooters, we have determined that there is no failure to comply with the standard and your petition is moot.

Vespa brought to our attention the fact that S4.5.6 of Standard No. 108 requires each vehicle equipped with a turn signal operating unit to have an illuminated pilot indicator but SAE Standard J588e, incorporated by reference, requires it only if turn signal lamps are not readily visible to the driver. Mr. Levin informed Vespa that, if all turn signal lamps were readily visible to the driver, no pilot indicator was necessary. Mr. Levin continued by saying:

"If the driver must turn his head to the rear to check the operation of turn signal lamps, then those lamps are not 'readily visible to the driver' and a turn signal indicator must be provided."

You have now informed us that you believe the turn signal system on Vespa motor scooter manufactured between March 1975 and the latter part of 1977 "are the functional equivalent of turn signal indicators", specifically

"The turn signal systems . . . are designed so that in the event of a failure of either rear turn signal lamp, the appropriate front turn signal lamp will flash at three times the normal rate. As the front turn signal lamps and their flash rates are readily visible at all times to the operator, any turn signal malfunction will be readily apparent to the operator."

We agree with your conclusion. The rapid flash rate will indicate the presence of a problem in either the front or rear turn signal system and the equivalent of a turn signal indicator appears to have been provided.

SINCERELY,

vespa of america corporation PIAGGIO GROUP

January 22, 1979

National Highway Traffic Safety Administration

Attn: Joan Claybrook, Administration Petition for Exemption

Gentlemen:

Vespa of America Corporation ("Vespa") respectfully submits its petition for exemption from the notification and remedy requirements of the National Traffic and Motor Vehicle Safety Act (the "Act") pursuant to 49 CFR S 556.4 with respect to the National Highway Traffic Safety Administration's November 14, 1977 notification of possible non-compliance with Section 4.5.6 of Motor Vehicle Safety Standard No. 108.

Vespa is incorporated under the laws of the State of Delaware with its principal place of business at 355 Valley Drive, Brisbane, California 94005. The motor vehicles involved are Vespa motor scooters manufactured by Piaggioe & C. S.p.A. and imported into the United States by Vespa from March of 1975 through December of 1977.

On October 14, 1977, Vespa received notification from Mr. Francis Armstrong (letter ref. NMV-22 GSH CIr. 1627.2) that Vespa motor scooters with obtainable speeds of over 30 MPH were required to be equipped with a turn signal indicator under Section 4.5.6 of Motor Vehicle Safety Standard No. 108. On October 24, 1977, Vespa responded to the Administration pointing out the apparent inconsistency between Section 4.5.6 and SAE Standard J588e. On March 17, 1978, Vespa received a response from Joseph J. Levin, Jr., Esq., the Administration's Chief Counsel (letter ref. NOA-30) acknowledging this inconsistency and indicating that vehicles equipped with signal lamps readily visible to the driver in compliance with SAE Standard J588 (e) did not need to be equipped with an illuminated pilot indicator in order to comply with the Act. Mr. Levin interpreted the phrase "readily visible to the driver" to require that all turn signals (both front and rear) must be visible to a driver facing forward in the normal driving position.

For the reasons hereinafter set forth, Vespa believes that the turn signal lamps on the affected vehicles are in substantial compliance with Section 4.5.1 of SAE Standard J588 (e) and that, because of their location, visibility and operation, these turn signal lamps are the functional equivalent of the turn signal indicators required by SAE Standard J588 (e). Vespa accordingly believes that any non-compliance is inconsequential as it relates to motor vehicle safety.

Although the affected vehicles are not equipped with a separate illuminated turn signal indicator, Vespa motor scooters incorporate an alternate but equally effective method for operator notification of turn signal malfunction. The turn signal systems in the motor vehicles involved are designed so that in the event of a failure of either rear turn signal lamp, the appropriate front signal lamp will flash at three times the normal rate. As the front turn signal lamps and their flash rates are readily visible at all times to the operator, any turn signal malfunction will be readily apparent to the operator.

It is apparent that the purpose of both sections is to afford the driver with an immediate and readily visible indication that a failure in the turn signal system has occurred. Vespa believes that its present system completely satisfies this objective and that no modification of any sort would increase the safety of the vehicle or would increase the driver's ability to detect any failure in the turn signal system.

To require Vespa to modify and equip all vehicles which have been imported into the United States since its formation in March of 1975 with an additional turn signal pilot indicator lamp would impose an impossible financial burden on the corporation which could quite possibly result in the insolvency of the corporation. The modifications which would be required would entail a major modification of the existing headlight housing and a total revision of the existing electrical system. The estimated cost of bringing all vehicles into strict compliance with the Act's standards will exceed $ 493,000. A breakdown of the estimated cost is attached hereto as Attachment I.

The Vespa motor scooter was redesigned in the latter part of 1977 and the turn indicators on the new model are no longer readily visible to the operator. Accordingly, all new models are equipped with illuminated turn signal indicators which meet the Act's requirements.

In light of the foregoing, we respectfully request that Vespa be exempted from the requirements of Section 4.5.6 of Motor Vehicle Safety Standard No. 108 and from the requirements of Section 4.5.1 of SAE Standard J588e with respect to all Vespa motor scooters imported from March of 1975 through December of 1977.

Bruno Porrati President

ATTACHMENT I

NOTIFICATION REPAIR COST BREAKDOWN

Approximate total of effected vehicles imported by Vespa of America Corporation since March 1975 - 4,500

Notification Costs:

(Customer & Dealer) $ 8,000.00

Repair Cost:

Time allotted for unit repair - 5 hrs. @ $ 20.00 per hour

(100.00 x 4,500) = $ 450,000.00

Special Tools needed - $ 20.00/tool

(20.00 x 425 dealers appx.) = $ 8,500.00

Cost of Replacement Parts - $ 6.00 per vehicle

($ 6.00 x 4,500) = $ 27,000.00

TOTAL $ 493,500.00