NHTSA's Interpretation Files Search

ID: aiam0266

Dear Mr. Borisoff: Reference is made to your letter of October 14, 1970 to Secretary Volp regarding our Consumer Information publication.; Concerning your comments on stopping distance, the wording used on pag 4 is the exact wording of this regulation. The category 'Stopping distance in feet with emergency brakes (partial service brake system)' is a generalization of the regulatory wording meant to convey the sense of this requirement to a consumer who may have no engineering background. The paragraph on page 193 paraphrases the regulatory wording. The title 'Partial Failure on One System' is, again, meant to convey the meaning to an otherwise uninformed consumer. I trust this clarifies the situation for you.; The reason many motorcycles are not listed is the fact that the dat was not received in time to be included in the book. I am enclosing copies of the data available for U.S. made motorcycles as you requested.; Volume 2, covering the 1971 makes and models will be availabl approximately November 15, 1970 and can be obtained from the Government Printing Office at a cost of $2.00. In addition two (2) new Consumer Aid publications entitled 'BRAKES - A Comparison of Braking Performance for 1971 Passenger Cars' and 'TIRES - A Comparison of Tire Reserve Load for 1971 Passenger Cars' will also be available at a cost of $.40 each.; Many thanks for your kind words and your interest in our motor vehicl safety program.; Sincerely, Rodolfo A. Diaz, Acting Associate Director, Motor Vehicl Programs;

ID: aiam2876

Dear Mr. Yoneyama: This is in response to your letter of September 22, 1978, askin whether tires listed in Table 1-A of Appendix A, Federal Motor Vehicle Safety Standard No. 109, *New Pneumatic Tires - Passenger Cars*, must comply with Part 575.104, *Uniform Tire Quality Grading Standards*, (UTQGS), if the tires are installed as original equipment on multi-purpose passenger vehicles. You also inquire as to the effective dates for the provision of UTQGS information to first purchasers of new motor vehicles under Part 575.104(d)(1)(iii).; UTQGS applies to a tire type whose predominant contemplated use is o passenger cars, even if the manufacturer knows the tire type is also used as original equipment on multi-purpose passenger vehicles. A manufacturer's determination to certify a tire as conforming to Standard No. 109, will also determine the tire's classification for purposes of UTQGS. Thus, UTQGS would apply to any tire labeled with a size designation listed in Appendix A of Standard No. 109, other than a deep tread, winter-type snow tire or space- saver or temporary use spare tire, regardless of the tire's actual use.; On October 23, 1978, NHTSA issued a *Federal Register* notice (cop enclosed) granting the petition of American Motors corporation to revise the effective dates for Part 575.104(d)(1)(iii) to September 1, 1979 for bias-ply tires and March 1, 1980 for bias-belted tires. On the basis of this change, your statement regarding effective dates is correct.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam2877

Dear Mr. Yoneyama: This is in response to your letter of September 22, 1978, askin whether tires listed in Table 1-A of Appendix A, Federal Motor Vehicle Safety Standard No. 109, *New Pneumatic Tires - Passenger Cars*, must comply with Part 575.104, *Uniform Tire Quality Grading Standards*, (UTQGS), if the tires are installed as original equipment on multi-purpose passenger vehicles. You also inquire as to the effective dates for the provision of UTQGS information to first purchasers of new motor vehicles under Part 575.104(d)(1)(iii).; UTQGS applies to a tire type whose predominant contemplated use is o passenger cars, even if the manufacturer knows the tire type is also used as original equipment on multi-purpose passenger vehicles. A manufacturer's determination to certify a tire as conforming to Standard No. 109, will also determine the tire's classification for purposes of UTQGS. Thus, UTQGS would apply to any tire labeled with a size designation listed in Appendix A of Standard No. 109, other than a deep tread, winter-type snow tire or space- saver or temporary use spare tire, regardless of the tire's actual use.; On October 23, 1978, NHTSA issued a *Federal Register* notice (cop enclosed) granting the petition of American Motors corporation to revise the effective dates for Part 575.104(d)(1)(iii) to September 1, 1979 for bias-ply tires and March 1, 1980 for bias-belted tires. On the basis of this change, your statement regarding effective dates is correct.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam2875

Dear Mr. Yoneyama: This is in response to your letter of September 22, 1978, askin whether tires listed in Table 1-A of Appendix A, Federal Motor Vehicle Safety Standard No. 109, *New Pneumatic Tires - Passenger Cars*, must comply with Part 575.104, *Uniform Tire Quality Grading Standards*, (UTQGS), if the tires are installed as original equipment on multi-purpose passenger vehicles. You also inquire as to the effective dates for the provision of UTQGS information to first purchasers of new motor vehicles under Part 575.104(d) (1) (iii).; UTQGS applies to a tire type whose predominant contemplated use is o passenger cars, even if the manufacturer knows the tire type is also used as original equipment on multi-purpose passenger vehicles. A manufacturer's determination to certify a tire as conforming to Standard No. 109, will also determine the tire's classification for purposes of UTQGS. Thus, UTQGS would apply to any tire labeled with a size designation listed in Appendix A of Standard no.l 109, other than a deep tread, winter-type snow tire or space-saver or temporary use spare tire, regardless of the tire's actual use.; On October 23, 1978, NHTSA issued a *Federal Register* notice (cop enclosed) granting the petition of American Motors Corporation to revise the effective dates for Part 575.105(d) (1) (iii) to September 1, 1979 for bias-ply tires and March 1, 1980 for bias-belted tires. On the basis of this change, your statement regarding effective dates is correct.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam2454

Dear Mr. Redhair: Your October 20, 1976, letter to the U.S. Department of Transportation Federal Highway Administration, has been referred to this office for reply.; You request data concerning the 10.00-02 'Inland Deep Drive 300,' tha was manufactured by the Mansfield Tire and Rubber Company, Mansfield, OH. Tire Identification Number WLZJAVN 503.; We have enclosed all the Federal Motor Vehicle Safety Standards for: >>>o New Pneumatic Tires, Passenger Cars, Federal Motor Vehicle Safet Standard No. 109; o New Pneumatic Tires for Vehicles Other Than Passenger Cars, Federa Motor Vehicle Safety Standard No. 119; o Part 574 - Tire Identification and Recordkeeping o Tire Code Numbers Assigned New Tire Manufacturers. o Tire Size Codes<<< The tire identification number stated in your letter can be explaine by the use of the above data.; >>>'WL' - is the plant code for the Mansfield, Ohio plant. 'ZJ' - is the tire size code for the 10.00-20 tire size designation. 'AVN' - is an internal code for Mansfield. '503' - means the tire was cured the 50th week of 1973.<<< You also request design and construction information. We do not hav this type of information because it is proprietary. Also enclosed are copies of tire 'Care and Service of Bias and Radial Ply Truck Tires.'; We hope the above has been of some help to you. Sincerely, E. T. Driver, Director, Office of Crash Avoidance, Moto Vehicle Programs;

ID: 2908yy

Mr. David E. McAllister
Manufacturers Representative
442 Robin Hill Road
Wayne, PA . 19087

Dear Mr. McAllister:

This responds to your letter of March 14, l99l, "as a supplier to the U.S. Postal Service for lights", asking whether it is "legal" for the center high mounted stop lamp to flash.

We understand that the new postal service vehicles are trucks. Under Federal Motor Vehicle Safety Standard No. 108, the center highmounted stop lamp is required only on passenger cars. When installed as original equipment on a passenger car, it is required to be steady-burning when the brake pedal is applied. However, since Standard No. 108 does not require center highmounted stop lamps on motor vehicles other than passenger cars, any such lamps would not be required to be steady-burning. Thus, the current requirements of Standard No. 108 would permit a center lamp on a postal truck to flash.

Supplementary lighting equipment, i.e., lighting equipment that is not required by Standard No. 108, is subject to Standard No. 108's general prohibition that such not impair the effectiveness of the lighting equipment required by the standard. The determination of impairment is to be made by the manufacturer of the vehicle before it certifies compliance with all applicable Federal motor vehicle safety standards. If it appears to be clearly erroneous, NHTSA will review the determination. With respect to the present case, it is theoretically possible that a flashing center stop lamp could "impair the effectiveness" of the truck's two steady-burning primary stop lamps by sending a confusing signal. However, given the lamp's location on the vertical centerline of the vehicle, and the public recognition of the function of the center lamp on passenger cars, we do not believe it is likely that the public would be confused.

We would like to advise you that the agency has proposed that trucks be equipped with steady-burning center lamps, and that it has announced that a final rule will be issued during the first half of 1991. If the final rule applies to postal trucks, then a flashing center lamp could not be installed on postal trucks manufactured on and after the rule's effective date.

Sincerely,

Paul Jackson Rice Chief Counsel

Ref. l08 d:4/3/9l

ID: nht91-3.9

DATE: April 3, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: David E. McAllister -- Manufacturers Representative

TITLE: None

ATTACHMT: Attached to letter dated 3-14-91 from David E. McAllister to Paul Jackson Rice (OCC 5833)

TEXT:

This responds to your letter of March 14, 1991, "as a supplier to the U.S. Postal Service for lights", asking whether it is "legal" for the center high mounted stop lamp to flash.

We understand that the new postal service vehicles are trucks. Under Federal Motor Vehicle Safety Standard No. 108, the center highmounted stop lamp is required only on passenger cars. When installed as original equipment on a passenger car, it is required to be steady-burning when the brake pedal is applied. However, since Standard No. 108 does not require center highmounted stop lamps on motor vehicles other than passenger cars, any such lamps would not be required to be steady-burning. Thus, the current requirements of Standard No. 108 would permit a center lamp on a postal truck to flash.

Supplementary lighting equipment, i.e., lighting equipment that is not required by Standard No. 108, is subject to Standard No. 108's general prohibition that such not impair the effectiveness of the lighting equipment required by the standard. The determination of impairment is to be made by the manufacturer of the vehicle before it certifies compliance with all applicable Federal motor vehicle safety standards. If it appears to be clearly erroneous, NHTSA will review the determination. With respect to the present case, it is theoretically possible that a flashing center stop lamp could "impair the effectiveness" of the truck's two steady-burning primary stop lamps by sending a confusing signal. However, given the lamp's location on the vertical centerline of the vehicle, and the public recognition of the function of the center lamp on passenger cars, we do not believe it is likely that the public would be confused.

We would like to advise you that the agency has proposed that trucks be equipped with steady-burning center lamps, and that it has announced that a final rule will be issued during the first half of 1991. If the final rule applies to postal trucks, then a flashing center lamp could not be installed on postal trucks manufactured on and after the rule's effective date.

ID: 002101GF

Mr. Charles W. Lawhon
C & S Trailer World
4111 E. Loop 820 S.
Fort Worth, TX 76119

Dear Mr. Lawhon:

This letter is in response to your phone call and a subsequent letter asking about the Federal motor vehicle safety standards that apply to a trailer with a gross vehicle weight rating (GVWR) at or above 10,000 pounds that was manufactured in 1987. Specifically, you asked about any regulations applicable to such a trailer equipped with an "electrical braking system." It is our understanding that this electrical system actuates brakes via an electro magnet and does not utilize air or hydraulics. You also asked us to elaborate on any other safety requirements for "manufactured utility or gooseneck trailers."

I am pleased to have this opportunity to explain our regulations to you. As a preliminary matter, we note that the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act ("Safety Act"), it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with all applicable Federal motor vehicle safety standards (FMVSS) issued by this agency. A manufacturer then certifies that its vehicles or equipment comply with those standards.

There is only one Federal motor vehicle safety standard that regulates the braking performance of trailers.[1] That standard, FMVSS No. 121 (49 CFR 571.121) establishes performance requirements for braking systems on vehicles equipped with air brakes. The standard applies to new trucks, buses, and trailers. A trailer manufactured in 1987 would have been subject to the standard as it existed at that time. An air brake system is defined in paragraph S4 of the Standard as follows:

Air brake system means a system that uses air as a medium for transmitting pressure or force from the driver control to the service brake, but does not include a system that uses compressed air or vacuum only to assist the driver in applying muscular force to hydraulic or mechanical components.

Based on your correspondence, it is our understanding that the trailer in question uses electricity to actuate or control its brakes. Accordingly, the trailer you described is not subject to the requirements of Standard No. 121.

In addition to Standard No. 121, Standard Nos. 106 and 116 are also applicable to trailers manufactured in 1987 and today. Standard No. 106 regulates brake hoses and Standard No. 116 regulates brake fluids. Again, it is our understanding that the trailer in question was equipped with an electrical braking system. Therefore, Standard No. 106 and Standard No. 116 do not apply to that vehicle, because the system does not contain brake fluid or brake hoses.

In you letter you state: "there were no safety regulations in regards to trailers with straight electrical brakes or any other safety devices in 1987." This statement is not correct. There are several safety standards that applied to all trailers manufactured in 1987. Specifically, Standard No. 108 regulates certain lamps, reflective devices and associated equipment installed on trailers. The specific requirements under this standard depend on the size of the trailer, which you have not provided. Standard No. 119 applies to new pneumatic tires installed on trailers manufactured after 1948. Standard No. 120 applies to tire selection and rims for motor vehicles other than passenger cars, including trailers.

In sum, there was no Federal motor vehicle safety standard applicable to electrical braking systems installed on trailers manufactured in 1987. However, several other safety standards were applicable to trailers manufactured in 1987. For your convenience, I have enclosed a package of information for trailer manufacturers, published by our Office of Vehicle Safety Compliance. This information is also available on the web at: http://www.nhtsa.dot.gov/cars/rules/maninfo/.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact George Feygin of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:121
d.2/28/03





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[1] In 1987, FMVSS Standard No. 105 Hydraulic brake systems, applied only to passenger cars, MPVs, trucks, and buses. We note that the application section of the current version of Standard No. 105 states that it applies to "hydraulically-braked vehicles with a GVWR greater then 3,500 kilograms." The application section does not exclude trailers. However, this is an error, and we intend to issue a correcting amendment to exclude trailers, as was the case in 1987.

ID: aiam3791

Dear Mr. Chambord: This responds to your recent letter to Mr. Steve Kratzke of my staff asking for information on requirements applicable to tire rims for vans. The three points set forth in your letter are correct statements of the requirements, but I will reiterate them to be certain that you provide accurate information.; (1) Vans are considered 'motor vehicles other than passenger cars' fo the purposes of Federal Motor Vehicle Safety Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars* (49 CFR S571.120), and Standard No. 120 sets forth requirements which must be met by all new rims for use on vans. No other standard contains requirements applicable to those rims.; (2) Section S5.2(c) of Standard No. 120 requires the rim manufacture to permanently label each of its van rims with the letters 'DOT' as a certification that the rim satisfies the requirements of Standard No. 120. The manufacturer is expected to exercise due care before making such a certification. No outside inspector, either governmental or privately employed, need be consulted by a manufacturer before certifying the compliance of its rims.; (3) Rims entering into the United States are not individuall inspected, provided that the package containing the rims or the van on which the rims are installed bears an appropriate certification label. The only inspections at the port of entry are checks to see that a certification label is attached to the package of rims or the van.; Should you need any further information on this subject, please do no hesitate to contact me.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam3384

Dear Mr. Davis: This responds to your November &, 1980, letter to Mr. Kratzke of m staff, in which you requested information concerning the legality of using welded mobile home axles and mobile home tires on trailers.; We have no regulations concerning the axles which may be used o trailers. However, the use if mobile home tires on new trailers would violate Federal Motor Vehicle Safety Standard No. 120 (49 CFR S571.120). For your information, I have enclosed a copy of this standard. Section S5.1 of the standard requires all new trailers equipped with tires for highway service to use tires that comply with either Standard No. 119, *New Pneumatic Tires for Use on Motor Vehicles Other Than Passenger Cars*, or Standard No. 109, *New Pneumatic Tires--Passenger Cars*, tires which have the label 'For Mobile Home Use Only' have been expressly exempted from the performance requirements of Standard No. 119. Because of the exemption, these tires may only be used on mobile homes. Therefore, the use of these tires on new trailers would render the trailers in violation of Standard No. 120. A manufacturer using these tires on a new trailer would face a fine of up to $1,000 for each mobile home tire used, pursuant to the provision of section 108 and 109 of the national Traffic and Motor Vehicle Safety Act as amended (15 U.S.C. 1397 and 11398). If you are aware of any such violations, the agency would appreciate any information you could supply.; As I Have stated above, we have no regulations specifying performanc requirements for the axles on trailers. If you have any further questions or need any further information on this subject, please contact Mr. Kratzke at (202) 426-2992.; Sincerely, Frank Berndt, Chief Counsel