NHTSA's Interpretation Files Search

ID: aiam2698

Dear Mr. Zeiler: This responds to your September 26, 1977, letter asking severa questions about the applicability of Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars*, to rims modified subsequent to their initial marking by the rim manufacturer.; Standard No. 120, as it applies to rim manufacturers, requires onl that the manufacturer mark the rim with the information outlined in section S5.2 of the standard, The standard does not contain substantive performance requirements for tire rims that would necessitate extensive testing to comply with the requirements.; In cases where your client modifies previously marked rims, he migh have some responsibilities for compliance with the standard. For those rims where the center disc is only added or altered by your client, there would be no requirement for him to provide his own markings on the tire rim. The rim manufacturer's markings would still contain the accurate size information.; For rims that your client modifies by the insertion of a steel plat increasing the dimensions of the rim, he becomes the rim manufacturer, As a rim manufacturer, it is his responsibility to mark the rim with the information listed and in the manner prescribed in S5.2 of the standard. This information includes the DOT symbol which indicates that he has complied with the requirements of Standard No. 120. Since the rim would have been marked initially with a different size, the National Highway Traffic Safety Administration (NHTSA) would require that the first markings be removed from the rim the avoid the possibility of confusion to persons who might read the incorrect size listing. This could result in the mismatching of a tire to the modified rim.; In a conversation between Ms. Maryanne Kane of your office and Mr Roger Tilton of my staff, it was asked whether the NHTSA Standard No, 120 requirements would be applicable to rim manufactured entirely for off-road use. The NHTSA regulates only motor vehicles and motor vehicle equipment. by definition a motor vehicle is a vehicle used on the roads. Accordingly, vehicles designed for off-road use do not fall within the ambit of our regulations. The same is true for equipment designed for use on those off-road vehicles. The determination of whether a vehicle is an off-road vehicle depends upon its use. I have enclosed an interpretive letter that described the criteria for determining what vehicles are motor vehicles under the National Traffic and Motor Vehicle Safety Act (Pub. L. 89-563) (the Act).; You should note further that any time your client undertakes a alteration of a rim, he is performing a manufacturing function that places him within the scope of the Act. Therefore, he would be responsible for any safety-related defects resulting from his manufacturing processes.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam4122

Dear Mr. Davenport: This is to follow up on your phone conversation with Stephen Oesch o my staff concerning the effect of Federal regulations on the tinting of motor vehicle windows. I hope the following discussion answers your questions.; Some background information on how Federal motor vehicle safety law and regulations affect the tinting of vehicle windows may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act, to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. We have issued Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials*, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars).; You first asked if the Federal motor vehicle safety standards apply t foreign vehicles sold in the United States. As with all our standards, Standard No. 205 applies to any new vehicle, whether made by a foreign or domestic company, manufactured for sale in the United States. Thus, no manufacturer or dealer is permitted to install solar films and other sun screen devices, such as the one described in your letter, in *new* vehicles without certifying that the vehicle continues to be in compliance with the light transmittance and other requirements of the standard. Violation of Standard No. 205 can result in Federal civil penalties of up to $1,000 for each violation. In addition, a manufacturer of a vehicle that does not comply with our standards is required to remedy any noncompliances in its vehicles.; You also asked how Federal law affects businesses that tinted th windows of used vehicles. After a vehicle is first sold to a consumer, modifications to a vehicle are affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from tampering with safety equipment installed on a vehicle in compliance with our standards. Thus, no dealer, manufacturer, repair business or distributor can install a sun screen device for the owner of the vehicle, if the device would cause the window not to meet the requirements of Standard No. 205. Violation of the section 108(a)(2)(A) can result in Federal civil penalties of up to $1,000 for each violation.; Section 108(a)(2)(A) does not affect vehicle owners, who may themselve alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may install sun screening devices regardless of whether the installation adversely affects the light transmittance. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from using sun screens in their vehicles.; If you need further information, please let me know. Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam3663

Dear Mr. Ostermeier: Thank you for your letter of February 4, 1983, supplying the furthe information we requested on January 28.; The 1955 Mercedes replica which you contemplate building is a hybrid o new and old parts. The body is of your construction and consists of new parts. You fabricate the chassis using new tubing, however, its front cross member may be either a new replacement Mustang part (1974-1978 models) or one actually taken from a vehicle in use. Similarly, the front suspension, differential and rear suspension, and transmissions may be new replacement parts or taken from vehicles in use. You will employ used rear wheel cylinders in the braking system and used engines (either a 1964 Chrysler Slant 6 or a 1969 Chevrolet V-8). Any equipment that has previously been used will be rebuilt to the manufacturer's specifications, and new parts will be incorporated where necessary.; As a general rule, the agency has no requirements for 'used' vehicles Whether a vehicle is treated as new or used depends on the origin of its parts. For example, we regard an assemblage consisting of a new body on the chassis of a vehicle previously registered for use on the public roads as a 'used' motor vehicle and therefore not subject to the Federal motor vehicle standards. On the other hand, the agency will consider a truck newly manufactured when an old cab is replaced with a new one unless at least the engine, transmission, and drive axle of the assembled vehicle are not new and at least two of these components were taken from the same vehicle.; The vehicle you propose to manufacture is somewhat different fro either of these examples, but we have concluded that it is a 'new' motor vehicle and must comply with Federal motor vehicle safety standards applicable to new passenger cars. Not only do previously unused parts appear to predominate in your plans, but, in addition, the old parts that are used will be rebuilt with new parts where necessary, to the manufacturer's original specifications. With the exception of the 1964 engine, the rebuilt components were originally used in vehicles manufactured to meet the Federal motor vehicle safety standards and there appears no reason why your product may not also be manufactured to comply, even though it is a replica of a 1955 car.; Use of the 1964 engine could raise problems of compliance with Safet Standard No. 124, *Accelerator Control Systems*, and with Safety Standard No. 301, *Fuel System Integrity*. However, in that event, we believe that you (as a producer of less than 10,000 vehicles a year) would be eligible to apply for a temporary exemption from those standards, or any other standard where immediate compliance would cause you substantial economic hardship. I enclose an information sheet which tells you where you may obtain a copy of our regulations, including the standards and temporary exemption petition procedures.; If you have further questions, we would be happy to assist you. Sincerely, Frank Berndt, Chief Counsel

ID: aiam4172

Dear Mr. Peck: Thank you for your letter of May 19, 1986, asking how our regulation apply to your product, which is called the 'Rearscope Wide Angle Lens.' Your letter and the brochure you enclosed describes your product as a wide angle acrylic lens which mounts on the rear window of a bus and gives the driver a wider field of view to the rear of the vehicle. I hope the following discussion answers your questions.; By way of background, the National Highway Traffic Safet Administration has the authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.; We have issued Federal Motor Vehicle Safety Standard No. 205, *Glazin Materials*, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars) as well as other performance requirements for glazing.; Standard No. 205 does not directly apply to add-on window coverings such as tinting films, sunscreening devices, and lens. However, no manufacturer or dealer is permitted to install a device on the glazing, such as the viewing lens described in your letter, in *new* vehicles without certifying that the vehicle continues to be in compliance with the light transmittance and other requirements of the standard.; After a vehicle is first sold to a consumer, modifications to a vehicl are affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from tampering with safety equipment installed on a vehicle in compliance with our standards. Thus, no dealer, manufacturer, repair business or distributor can install a device for the owner of the vehicle, if the device would cause the window not to meet the requirements of Standard No. 205. Violation of the 'render inoperative' provision can result in Federal civil penalties of up to $1,000 for each violation.; Section 108(a)(2)(A) does not affect vehicle owners, who may themselve alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may install any type of device regardless of whether the installation adversely affects the window. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to regulate the use of viewing devices in vehicles.; If you need further information, please let me know. Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam5559

"Dear Mr. Hooker: This responds to your question about whether th State of Missouri has authority to promulgate regulations relating to the safety of motor vehicles powered by alternative fuels, particularly compressed natural gas (CNG). The short answer is that while Missouri is generally preempted in this area, it could issue its own more stringent safety standard for State-owned vehicles. Federal law will preempt a State law if (1) there is a Federal safety standard in effect, (2) the State law covers the same aspect of performance as that Federal standard, and (3) the State law is not identical to the Federal standard. Specifically, section 30103(b) of Title 49 of the United States Code states that (b) Preemption. - (1) When a motor vehicle safety standard is in effect under this chapter, a State or political subdivision of a State may prescribe or continue in effect a standard applicable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the standard prescribed under this chapter. However, the United States Government, a State, or a political subdivision of a State may prescribe a standard for a motor vehicle or motor vehicle equipment obtained for its own use that imposes a higher performance requirement than that required by the otherwise applicable standard under this chapter. State safety standards applicable to CNG fuel system integrity are generally preempted by Federal law. The National Highway Traffic Safety Administration (NHTSA) has issued Federal motor vehicle safety standard (FMVSS) No. 303, Fuel system integrity of compressed natural gas vehicles. (59 FR 19659, April 25, 1994, copy enclosed). The Standard specifies frontal barrier and rear barrier crash tests conducted at 30 mph and a lateral moving barrier crash test conducted at 20 mph. The Standard applies to passenger cars, multipurpose passenger vehicles, trucks and buses that have a gross vehicle weight rating (GVWR) of 10,000 pounds or less and use CNG as a motor fuel. It also applies to school buses regardless of weight that use CNG as a motor fuel. The Standard takes effect September 1, 1995. Accordingly, after September 1, 1995, Missouri could only issue its own safety standard applicable to CNG vehicle fuel system integrity if the State safety standard is identical to FMVSS No. 303. The one exception to requiring such identical standards is that Missouri could prescribe a standard for motor vehicles obtained for its own use, provided the State law imposed a higher performance requirement than the level of performance prescribed by FMVSS No. 303. Thus, Missouri could issue its own more stringent safety standard for State-owned vehicles. NHTSA further notes that Missouri is free to issue safety standards applicable to the fuel system integrity of vehicles powered by other alternative fuels (e.g., liquid propane, hydrogen), since the agency has not issued any FMVSS applicable to other alternative fuels. I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure ";

ID: aiam2625

Dear Mr. Verrill: This responds to your April 20, 1977, petition to amend Standard No 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars*. In your petition, you request that the National Highway traffic Safety Administration (NHTSA) permit the use of tires that have a maximum load rating of not less than 95% of the gross axle weight rating (GAWR) and not less than 95% of the gross vehicle weight rating (GVWR). Your petition is denied.; The problem addressed by your petition concerns a revision in the 197 Tire and Rim Manual that alters the load rating of tires. In effect, this revision will result in lower load ratings for certain tires. According to the facts you submit, the change in tire load rating will be implemented by tire manufacturers throughout the next few months which may not provide vehicle manufacturers sufficient time to correspondingly alter the GAWRs of their vehicles in accordance with the new tire load ratings. Therefore, for a short period of time, you allege that it will be impossible to obtain tires that correspond to the GAWR indicated on the vehicle.; To alleviate the above problem, you recommend rulemaking that woul permit vehicle manufacturers to install on their vehicles tires with load ratings slightly less than the GAWR of each axle. The NHTSA cannot permit the relief you request even for the limited time you propose. The intent of our tire standards is to provide minimum requirements for tires to ensure adequate safety. One of these minimum requirements mandates that the tire load rating be at least equal to the GAWR. Your request would have us reduce this minimum requirement. Since the matching of tires on a vehicle with the GAWR of each axle is such a basic principle of safety, the agency concludes that it would not be in the interest of safety to grant your request. Further, such an amendment might violate Section 202 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 *et seq*.), which requires that motor vehicles be equipped 'with tires which meet the maximum permissible load standards when such vehicle is fully loaded...'; As you may know, the label requirements of Standard No. 120 whic become effective in September permit you to list suitable tire and rim combinations on the vehicle. You need not equip a vehicle, however, with the tires indicated on the label. In this case, you may equip a trailer with any trailer tire that has a load rating equal to or greater than the GAWR of its associated axle. This may help resolve part of your problem with respect to a short term problem with matching tires on the vehicle with those indicated on the vehicle label.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs;

ID: aiam3781

Dear Mr. Brantner: This responds to your letter of November 9, 1983, to the Urban Mas Transit Administration, which was forwarded to this agency for reply, concerning legal requirements regulating window stickers. The following discussion addresses the Federal requirements applicable to sticker or other films applied to glazing materials in motor vehicles.; The National Highway Traffic Safety Administration has the authority t govern the manufacture of new motor vehicles and motor vehicle equipment. Pursuant to the National Traffic and Motor Vehicle Safety Act, we have promulgated Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials*, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70 percent in areas requisite for driving visibility, which includes all windows in passenger cars) and abrasion resistance.; The agency has stated in past interpretations that films such as th type referred to in your letter are not glazing materials themselves, and would not have to comply with Standard No. 205. However, installation of such films on new motor vehicles would be prohibited if the vehicle glazing no longer complied with the light transmittance or abrasion requirements of the standard. If a vehicle manufacturer or a dealer places the film on glazing in a vehicle prior to sale of the vehicle, that manufacturer or dealer has to certify that the glazing continues to be in compliance with the requirements of Standard No. 205. Section 108(a)(1) prohibits any person from offering for sale or selling any motor vehicle or equipment that fails to comply with applicable safety standards.; After a new vehicle has been sold to the consumer, he may alter hi vehicle as he pleases, so long as he adheres to all State requirements. Under Federal law, the owner could install the film on glazing in his vehicle whether or not such installation adversely affected the light transmittance and abrasion resistance of his vehicle's glazing. It should be noted, however, that section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act provides that no manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard. 'Render inoperative' means to remove, disconnect or degrade the performance of a system or element of design installed pursuant to the Federal safety standards. Thus, none of those persons may knowingly install a film on a vehicle for its owner if that act would render inoperative the light transmittance or abrasion resistance of the vehicle glazing. Whether this would be the case would have to be determined by the person making the installation. Violation of this section can result in Federal civil penalties up to $1,000 for each violation.; Please contact Stephen Oesch of my staff if you have any furthe questions (202- 426-1834).; Sincerely, Frank Berndt, Chief Counsel

ID: aiam4751

"Dear Mr. Smith: I am writing in response to your letter forwardin correspondence from your constituent, Mr. Joel Leitson, with respect to litigation recently brought by the United States against several firms that install plastic film, or 'tint,' on automobile windows. You have asked about the statutory authority under which these suits were brought. Pursuant to section 103 of the National Traffic and Motor Vehicle Safety Act of 1966 ('Safety Act'), 15 U.S.C. 1392, the National Highway Traffic Safety Administration ('NHTSA') has issued safety standards applicable to new motor vehicles and items of motor vehicle equipment. One of the standards that we have issued under this authority is Federal Motor Vehicle Safety Standard No. 205, Glazing Materials (49 CFR 571.205), which applies to all new vehicles and all new glazing materials for use in motor vehicles. Among the requirements set forth in Standard No. 205 are specifications for minimum levels of light transmittance (70 percent light transmittance in areas requisite for driving visibility, which includes all windows in passenger cars). Section 108(a)(i)(A) of the Safety Act, 15 U.S.C. 1397(a)(1)(A), provides that no person may manufacture or sell any vehicle unless it is in conformity with all applicable safety standards. Pursuant to section 108(b)(1) of the Safety Act, 15 U.S.C. 1397(b)(1), this paragraph does not apply after a vehicle is first sold to a consumer. However, both before and after the first sale, section 108(a)(2) of the Safety Act, 15 U.S.C. 1397(a)(2), provides that 'No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, 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, by installing tint film on automobiles that reduces the light transmittance of their glass below 70 percent, the firms in question have been rendering those vehicles 'inoperative,' in violation of the Safety Act. The same principle would apply to a service station that removed an airbag or a safety belt from a vehicle, since such an action would create a noncompliance with the occupant protection requirements of NHTSA's standards. You also asked for our comments on whether Florida's statutes are preempted by these suits. We assume that you are referring to the provision of Florida law that prohibits the operation of any vehicle in the State of Florida that has glazing with less than 35 percent light transmittance. This statute, and similar statutes adopted by other states, do not purport to legitimize conduct -- the rendering inoperative of glazing by tint installation firms -- that is illegal under the Safety Act. Thus, there is no conflict with Federal law, and Florida may continue to enforce its operating rules. I hope that this responds to your questions. If we can be of further assistance, please let me know. Sincerely, Paul Jackson Rice Chief Counsel";

ID: aiam4079

Dear Mr. Hayashibara: This responds to your letter seeking an interpretation of certain term used in Standard No. 110, *Tire selection and rims - passenger cars* (49 CFR S571.110). Specifically, you asked about the definitions of the terms 'curb weight', 'accessory weight', and 'production options weight'. These terms are defined in Standard No. 110 as follows.; The 'curb weight' of a vehicle is calculated by adding the weight o the vehicle with all of its standard equipment, including its maximum capacity of fuel, oil, and coolant to the weights of two optional items of equipment, *if the vehicle is equipped with these optional items*. The items whose weight is included in calculating the curb weight, if present on the vehicle, are air conditioning and the additional weight of an optional engine. No other optional items are included in calculating a vehicle's curb weight, even if the vehicle is equipped with such options.; The 'accessory weight' of a vehicle means the combined weight (i excess of the weight of the standard equipment items that may be replaced) of automatic transmission, power steering, power brakes, power windows, power seats, radio, and heater to the extent that these items are available as factory-installed options on that vehicle, *regardless of whether these options are actually present on the vehicle in question*. No other items of optional equipment are included in calculating the accessory weight, even if the vehicle is equipped with such options.; The 'production options weight' means the combined weight of all item of optional equipment that meet all of the following criteria:; (1) The weight of the item of optional equipment is more than fiv pounds greater than the weight of the item of standard equipment that it replaces,; (2) The optional equipment is present on the vehicle in question, and (3) The weight of the optional equipment has not previously bee considered in either the curb weight or the accessory weight.; Section S3 of Standard No. 110 lists the following examples of items o optional equipment whose weight might be considered when calculating the production options weight: heavy duty brakes, ride levelers, roof rack, heavy duty battery, and special trim. However, any item of optional equipment that meets the three criteria listed above *would* be included in calculating the production options weight, even if that item were not listed in the examples. Therefore, Mazda's understanding is correct that the weight of four-wheel drive components, aerodynamic accessories, special body styling panels, and sunroofs *are* included when calculating the production options weight.; If you have any further questions on this subject, or need mor information, please contact Steve Kratzke of my staff at this address or by telephone at (202) 426- 2992.; Sincerely, Erika Z. Jones, Chief Counsel

ID: 17570.drn

Mr. Mark Recchia
Liaison Engineer
Fiat Auto R & D U.S.A.
39300 Country Club Drive
Farmington Hills, MI 48331-3473

Dear Mr. Recchia:

This responds to your March 18, 1998, request for an interpretation whether a vehicle identification number (VIN) placed inside a motor vehicle passenger compartment may be divided into two lines. You explain that Maserati "uses this practice in Europe because of space restrictions, and its acceptance in the United States would facilitate the production of U.S.- version Maserati cars." Assuming the VIN meets all other requirements of 49 CFR Part 565 Vehicle Identification Number Requirements, the answer is yes.

In Part 565, the National Highway Traffic Safety Administration (NHTSA) specifies the format, content, and physical requirements for a VIN system and its installation. General requirements for a VIN system are specified at Section 565.4 General requirements. Although NHTSA is aware only of VINs written in one line, nothing in Section 565.4(f) prohibits a VIN from being written in two lines. Since there is no prohibition against it, Maserati may write the passenger compartment VIN in two lines.

I note that in the example of the VIN you have provided, the first line of the VIN is preceded by a star, followed by the first nine digits of the VIN, then another star. The second line of the VIN begins with a star, followed by the last eight digits of the VIN, then another star. These stars would be considered "dividers" in the VIN. In a letter of November 20, 1978, to Volkswagen of America, Inc. (copy provided), NHTSA stated the following about VIN dividers:

'[d]ividers' which would appear at the beginning and the end of the VIN would not be considered part of the VIN and, therefore, would not be regulated by the standard. Care should be taken, however, to ensure that the dividers are neither alphabetic nor numeric characters which might be mistaken for part of the VIN.

As stated in the letter to Volkswagen, Fiat and Maserati must ensure that any VIN dividers not be in alphabetic or numeric characters which might be mistaken for part of the VIN.

You state that the attached diagram is "from a European application." We cannot determine from your letter whether the VIN location in the diagram meets 49 CFR 565.4(f) which states that the VIN shall be readable "through the vehicle glazing under daylight lighting conditions by an observer having 20/20 vision (Snelling) whose eye-point is located outside the vehicle adjacent to the left windshield pillar." Before being sold in the U.S., the VIN on the passenger car must meet this and all other requirements specified in Part 565.

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
d.7/15/98
ref:565