Interpretation ID: nht89-1.10

TYPE: INTERPRETATION-NHTSA

DATE: 01/30/89

FROM: WILLIAM D. FALCON, PROGRAM MANAGER

TO: RALPH HITCHCOCK -- NHTSA DIRECTOR, OFFICE OF VEHICLE SAFETY STANDARDS

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 05/31/90 FROM STEPHEN P. WOOD -- NHTSA TO WILLIAM D. FALCON; REDBOOK A35; STANDARD 201; 202; 205; VSA 108[A][2][A]; LETTER FROM STEVE CROWELL; DATED 11/02/88 EST; LETTER FROM STEVEN CROWELL DATED 06/02/88 TO ELIZABETH D ENNISTON -- EGOH BITTNER COMMISSIONER WALTHAM MASSACHUSETTS

TEXT: I am enclosing two letters received in June and November 1988 by the Commission from Mr. Steven Crowell. Citing federal legislation and correspondence from NHTSA, he is suggesting, on page 2 of his November letter, that the Commission amend the commenta ry to one of its law enforcement standards--specifically, the commentary to Standard 71.4.1 (enclosed), which states that vehicles used for transporting prisoners should have the driver separated from the prisoner by a safety barrier.

Mr. Crowell recommends that, rather than stating that the barrier may be made of wire mesh or heavy gauge plastic, the commentary should specify that the barrier be one bearing a label or tag certifying the barrier's compliance with all applicable safety standards and requirements established by the Federal Motor Vehicle Safety Act of 1966.

To support his recommendation, Mr. Crowell cites several sections of the Act (pages 1-2 of the June letter and page 2 of November's) and quotes from the 1985 letter he received from the chief counsel "for the United States Department of Transportation Na tional Highway Traffic Safety Administration, Jeffrey R. Miller" (page 1 of the November letter).

I would very much appreciate an answer to this question: Does the Federal Motor Vehicle Safety Act of 1966 or any other legislation or regulation require or recommend that interior vehicle safety barriers--whether installed by the vehicle's manufacturer or by someone subsequent to the vehicle's first sale--be certified that they comply with all applicable federal motor vehicle safety standards and, if so, where, if any place, must the certification appear (on the barriers or somewhere else on the vehicl es)?

Any other comments that you may have would be most welcome, too.

We are most appreciative of your help. Please feel free to contact me if you have questions. (Abrochure describing the Commission is also enclosed.)