Interpretation ID: nht87-1.93

TYPE: INTERPRETATION-NHTSA

DATE: 06/04/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Robert J. Heath

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Robert J. Heath Manager, Compliance Department Panasonic Matsushita Technology Group One Panasonic Way

Dear Mr. Heath:

This responds to your letter asking whether the installation of television receivers, in passenger cars and buses, is permitted under the Federal motor vehicle safety standards. As a consumer products sales company, you indicated that you are considering four proposals: (1) a small television receiver mounted in the dashboard of an automobile on the passenger side and only operational when the automobile gearshift lever is in neutral, (2) a small television receiver mounted above and slightly to the right of the driver with the screen facing the rear and where operation is controlled from the rear seat only, (3) a television receiver mounted between the two front seats on the console and facing the rear, and (4) a large-screen projection television or television monitor mounted in the front of a commercial bus.

By way of background information, 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 motor vehicles or equipment comply with applicable safety standards. The following represents our opinion based on the facts provided in your letter.

The National Highway Traffic Safety Administration (NHTSA) does not have any safety standards specifically covering television receivers. However, it is possible that the installation of a television receiver could affect the compliance of a vehicle with some safety standards.

All new vehicles manufactured for sale in the United States must be certified by their manufacturer as complying with the Federal motor vehicle safety standards. If your television receivers are installed in a new vehicle prior to its first sale to a consumer, the person making the installation would be considered a vehicle alterer. Under our certification regulation (49 CFR Pact 567), a vehicle alterer must certify that the vehicle as altered continues to comply with all applicable Federal motor vehicle safety standards.

Manufacturers, distributors, dealers, or motor vehicle repair businesses modifying a used vehicle are prohibited by section 108(a)(2)(n) of the Vehicle Safety Act 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 an applicable Federal motor vehicle safety standard. Thus, if your television receivers are installed in used vehicles, any businesses making such installations cannot render inoperative the vehicle's compliance with any of our standards.

We also note that manufacturers of motor vehicle equipment hive responsibilities under the Vehicle Safety Act regarding safety defects. Under sections 151 et seq., they must notify purchasers about safety-related defects and remedy the product free of charge.

You asked, by way of example, whether your second proposal would be acceptable provided that it meets the standards for crash protection and windshield intrusion. In order to determine how installation of your television receivers could affect the compliance of vehicles with safety standards, you should carefully review each standard, including but not limited to those for crash protection and windshield intrusion. We note that another standard that might be relevant, particularly with respect to your first proposal, is Standard No. 201, Occupant Protection in Interior Impact.

I am enclosing a copy of an information sheet which provides general information for new manufacturers of motor vehicles and motor vehicle equipment.

I hope this information is helpful.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure

Ms. Erika Z. Jones, Chief Counsel National Highway Traffic Safety Administration Department of Transportation Room 5219 400 Seventh St. SW Washington. D.C. 20590

SUBJECT: Inquiry and Request for Clarification of Regulations for Use of Broadcast Television Receivers in Automobiles and Buses

Dear Ms. Jones:

Panasonic Company, a consumer products sales company, is investigating the potential sales of broadcast television receivers for installation into automobiles and buses. The following proposals are under consideration at the present time, and we are seeking guidance as to the acceptability and feasibility of these proposals:

1) Small television screen mounted in the dashboard of an automobile on the passenger side and only operational when the automobile gearshift lever is in neutral. The use of a specially-designed relay is necessary upon installation of the television receiver. (See attachment 1)

2) Small television receiver mounted above and slightly to the right of the driver with the screen facing the rear and where operation is controlled from the seat only. (See attachment 2)

3) Television receiver mounted between the two front seats on the console and facing the rear. (See attachment 3)

4) Large-screen projection television monitor mounted in the front of a commercial bus. (See attachment 4 and 5)

Each of the four (4) proposals should be considered separately for conditions of acceptability and/or prohibition within the NHTSA regulatory standards activity.

The results of a 1984 Electronics Industry Association (EIA) state survey indicated that only one (1) state, Rhode Island, prohibits televisions in automobiles. Thirty-seven (37) states restrict its use while the automobile is in motion. The remainder have no laws. The only other federal regulation of which we are aware is the Federal Highway Administration's requirement for large commercial trucks (49 CFR 393.88) where the television viewing screen is required to be located to the rear of the driver, and control be prohibited while the driver is in his seat.

Therefore, Panasonic Company seeks your guidance, interpretation, and suggestions regarding the investigation of the four proposals stated above. We appreciate your cooperation in this matter.

Sincerely,

Robert J. Heath Manager Compliance Dept.

RJH/ab Attachments cc: L.E. Levine/Legal Div.