Interpretation ID: nht90-2.10

TYPE: INTERPRETATION-NHTSA

DATE: APRIL 9, 1990

FROM: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TO: M. IWASE -- GENERAL MGR., TECHNICAL ADMINISTRATION DEPT., KOITO MFG. CO., LTD. TITLE: NONE

ATTACHMT: LETTER DATED OCTOBER 18, 1989 TO ERIKA Z. JONES FROM M. IWASE ATTACHED; (OCC-406). ALSO ATTACHED LETTER DATED SEPTEMBER 12, 1988 TO M. IWASE FROM ERIKA Z. JONES AND LETTER DATED APRIL 8, 1988 TO ERIKA Z. JONES FROM M. IWASE TEXT: This is in reply to your letter asking for an interpretation of Motor Vehicle Safety Standard No. 108, with respect to a vehicle headlamp aiming device (VHAD). I regret the delay in responding.

You have recently made some modifications in the design of a detachable spirit level, and you have asked whether the May 9, 1989, amendments to Standard No. 108 permit this design. Previously we had furnished you an interpretation based upon the VHAD pr oposal.

The rule of May 9 does not permit a separate VHAD such as a spirit level. You will note that S7.7.5.2(c)(3)(vii) (proposed S7.7.5.2(b)(7)) did not adopt the parenthetical phrase "(if the headlamp is separable or intended to be used with the VHAD)". Thi s proposed phrase was the basis of the statement in our letter of September 12, 1988, that a VHAD could be separate from the headlamp assembly.

Although S7.7.5.2(c)(1) of the final rule speaks of Ban integral or separate VHAD mechanism", as you noted, we have since clarified that a VHAD that is "separate" does not mean one that is detachable, but simply one that need not be integral with the hea dlamp housing itself. Thus a spirit level VHAD is permissible, but it must be permanently installed on the vehicle, though not necessarily on the headlamp housing. I enclose a copy of the amendments to Standard No. 108 published on February 2, 1990, ad opting definitions of "VHAD", "Direct Reading Indicator" and "Indirect Reading indicator".