NHTSA's Interpretation Files Search
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ID: aiam0771OpenMr. Keitaro Nakajima, Director/General Manager, Toyota Motor Sales, U.S.A., Inc., Factory Representative Office, Lyndhurst Office Park, 1099 Wall Street, West, Lyndhurst, NJ, 07071; Mr. Keitaro Nakajima Director/General Manager Toyota Motor Sales U.S.A. Inc. Factory Representative Office Lyndhurst Office Park 1099 Wall Street West Lyndhurst NJ 07071; Dear Mr. Nakajima: This is in reply to your letter of June 19, 1972, concerning th application of Standard No. 302, 'Flammability of Interior Materials,' to a pocket which is attached to a front seat back. You ask whether, under S4.2 of the standard, the upper portion of the sample will be tested as an assembly, as this is the manner in which it appears in the vehicle. The upper portion of the sample consists of one material folded over itself, with an adhesion process joining the folded segments at points approximately 3/4 inch apart, across the length of the material. An elastic band is inserted in the fold of the material. The configuration is actually representative of two materials, therefore, with an elastic between them.; Paragraph S4.2 of the standard provides that surface materials i assemblies such as this are tested separately, unless bonded, sewed, or mechanically attached to underlying material (S4.2(a)). The reference to 'bonded, sewed, or mechanically attached' is intended to refer to materials joined uniformly by these methods, at their adjoining surfaces. The adhesion process you have used does not join the materials in this fashion, as there is a significant amount of area where the materials are not joined at all. Consequently, we would not test the assembly in the manner in which it appears in the vehicle, but would treat the material as separate material.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5089OpenMrs. M. Frances Parton 5788 Cypress Cr. Tallahassee, FL 32303; Mrs. M. Frances Parton 5788 Cypress Cr. Tallahassee FL 32303; "Dear Mrs. Parton: This responds to your letter of October 7, 1992 requesting information on whether a 1992 van can be modified by installing swivel bases on the seats so that you can transfer from the seat to a wheelchair. It is unclear from your letter whether the seat you want modified is a front or a rear seat. As explained below, there is no federal requirement that expressly prohibits installing a swivel base on a seat, provided that the seats and belts continue to comply with the applicable safety standards. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Section 103 of the National Traffic and Motor Vehicle Safety Act (the Safety Act, 15 U.S.C. 1392) authorizes NHTSA to issue Federal Motor Vehicle Safety Standards for new motor vehicles and new items of motor vehicle equipment. Manufacturers are required to certify that their products meet all applicable safety standards. Any manufacturer, distributor, dealer, or repair business that modifies a van for you along the lines described in your letter after you have purchased the van would be subject to the requirement of the Safety Act (at 15 U.S.C. 1397(a)(2)(A)) that: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard. Since the seats and their safety belts are devices or elements of design installed in the van in compliance with applicable safety standards, this section prohibits any of the named commercial entities from making any modification or repair to the seats and/or their accompanying safety belts if such modification or repair would cause the vehicle no longer to comply with an applicable safety standard. Adding a swivel base to a seat, and presumably moving the seat belts for the seat, could affect compliance with four safety standards: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages. Standard No. 207 establishes strength and other performance requirements for vehicle seats. Standard No. 208 sets forth requirements for occupant protection at the various seating positions in vehicles. Based upon the information in your letter, it appears that the vehicle you wish to have modified would be classified as a multipurpose passenger vehicle (MPV) for purposes of NHTSA's regulations. Standard No. 208 requires an MPV to provide occupant crash protection to belted front seat occupants when the vehicle is crash tested at 30 miles per hour (mph) into a concrete barrier. Standard No. 208 also requires an MPV to have a lap/shoulder belt at every rear outboard seating position, and either a lap belt or a lap/shoulder belt at every other rear seating position. Standard No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. Standard No. 210 establishes strength and location requirements for seat belt anchorages. As you can see, with the exception discussed below, there is nothing in Federal law that prohibits persons from adding a swivel base to a seat. Instead, Federal law requires that modifications to a van that include adding a swivel base to a seat be done in such a way that the seats and safety belts continue to provide the safety protection mandated by the safety standards. With respect to Standard No. 208's requirements for front seats, NHTSA has recently received a number of phone calls and letters, from van converters and individuals, suggesting that the crash testing requirement for front seats in MPVs will, in effect, prohibit van converters from modifying vehicles to accommodate the special needs of persons in wheelchairs. The agency has also received a petition from the Recreation Vehicle Industry Association (RVIA) requesting an amendment to the light truck and van crash test requirement 'to eliminate requirements that inadvertently discriminate against individuals with disabilities including individuals who use wheelchairs.' On January 9, 1992, the agency granted the RVIA petition. On August 5, 1992, the agency issued a notice of proposed rulemaking (NPRM) to amend the requirements of Standard No. 208 to give manufacturers of certain light trucks and vans the option of installing non-dynamically tested manual safety belts instead of complying with the dynamic testing requirements. However, the agency is aware that you and others who need to purchase a new vehicle need more immediate relief than a rulemaking can offer. Therefore, as explained in the NPRM, the agency has stated that it will not conduct any dynamic testing under Standard No. 208 of vehicles modified for operation by persons with disabilities while this rulemaking is pending. If you need to have the swivel base added to a front seat, this should allow you to find a converter to make this modification while this decision is pending. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam2259OpenMr. L. Frank Hay, President, Beachcomber Industries Ltd., P.O. Box 1660, North Railway Avenue, Morden, Manitoba R0G 1J0; Mr. L. Frank Hay President Beachcomber Industries Ltd. P.O. Box 1660 North Railway Avenue Morden Manitoba R0G 1J0; Dear Mr. Hay: This is in response to your December 31, 1975, letter concernin certification of the travel trailer that you manufacture.; This Department does not certify or otherwise issue advance approval of motor vehicles or motor vehicle equipment. Certification, under applicable law and regulations, must be done by the manufacturer. The Canadian and U.S. motor vehicle safety standards are not identical, so you must ensure that your travel trailers do in fact comply with all of the latter that are applicable. A pamphlet summarizing the U.S. Federal motor vehicle safety standards is enclosed, along with a copy of the regulations governing vehicle certification. The safety standards themselves are set forth in their entirety in Part 571 of Title 49 of the Code of Federal Regulations.; Please note that Section 110(e) of the National Traffic and Moto Vehicle Safety Act (15 U.S.C. S 1399(e)) requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his agent, upon whom service of all processes, orders, notices, decisions, and requirements may be made. Our records indicate that Beachcomber Industries Ltd. has not complied with this requirement.; The procedural regulations (49 CFR 551.45) for designation of agen pursuant to the Act require:; >>>(1) A certification by its maker that the designation is binding o Beachcomber Industries Ltd. under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made,; (2) The full legal name, principal place of business and mailin address of Beachcomber Industries Ltd.,; (3) Trade names or other designations of origin of the products o Beachcomber Industries Ltd. that do not bear its legal name,; (4) A provision that the designation remain in effect until withdraw or replaced by Beachcomber Industries Ltd.,; (5) A declaration of acceptance duly signed by the agent appointed which may be an individual, a firm, or a U.S. corporation, and; (6) The full legal name and address of the designated agent.<<< In addition, the designation must be signed by one with authority t appoint the agent, the signer's name and title should be clearly indicated beneath his signature.; Please note further that you are required by 49 CFR Part 566 *Manufacturer Identification*, to submit certain information to the NHTSA not more than 30 days after your vehicles begin to be imported into the United States. Copies of this regulation and the procedural regulations for designation of agent are also enclosed for your convenience.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam0264OpenMr. John J. Trotsky, President, Juno Industries, Inc., Cassopolis Road, Cassopolis, MI 49031; Mr. John J. Trotsky President Juno Industries Inc. Cassopolis Road Cassopolis MI 49031; Dear Mr. Trotsky: Your letter of August 26, 1970, concerning the compliance of you cut-van motor home with Federal Motor Vehicle Safety Standard No. 206 - Door Locks and Door Retention Components has been forwarded to this office for reply.; You state that the door in the camper body is located so that n portion of a manikin in any designated seating position would project into the door opening in the side view. If, as it appears, you are correct, the door locks and door retention components on that door are not required to comply with Standard No. 206.; You also state that you believe that the doors on the cab comply wit Standard No. 206. As a manufacturer of multipurpose passenger vehicles, you are responsible under the National Traffic and Motor Vehicle Safety Act of 1966 for the compliance of the cab doors with Standard No. 206. Although the van may have been manufactured as a truck, it must, when subsequently converted to a multipurpose passenger vehicle, comply with all multipurpose passenger vehicle standards in effect on the date of manufacture of your motor home. Therefore, you should ascertain, either from the van manufacturer or by your own tests, that the cab doors comply with Standard No. 206.; Please let us know if we can be of further assistance. Sincerely, Lawrence R. Schneider, Acting Chief Counsel |
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ID: aiam5066OpenMr. Spencer A. Darby Vice President, Engineering Sate-lite Manufacturing. Co. 6230 Gross Point Road Niles, IL 60648; Mr. Spencer A. Darby Vice President Engineering Sate-lite Manufacturing. Co. 6230 Gross Point Road Niles IL 60648; "Dear Mr. Darby: This responds to your inquiry about whether a warnin device would comply with Federal Motor Vehicle Safety Standard No. 125, Warning devices (49 CFR 571.125). You were specifically concerned about the implications of adding a battery operated flashing light to a warning device that otherwise complies with the Standard. You stated that placing flashing lights between the reflex reflectors would enhance the device's conspicuity at night. I am pleased to have this opportunity to explain our requirements to you. By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the 'Safety Act') gives the National Highway Traffic Safety Administration (NHTSA) the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 125. The Safety Act provides that no person shall 'manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States' any new motor vehicle or new item of motor vehicle equipment unless the vehicle or item of equipment complies with the applicable standard. (See 15 U.S.C 1397(a)(1)(A).) NHTSA has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. Instead, the Safety Act establishes a self-certification process under which each manufacturer is required to certify that each of its products meets all applicable Federal Motor Vehicle Safety Standard. (See 15 U.S.C. 1403.) I am enclosing a general information sheet explaining NHTSA's regulations. As your letter states, Standard No. 125 applies to 'devices, without self- contained energy sources, that are designed to be carried in motor vehicles and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle.' (emphasis added, see section S3) In other words, Standard No. 125 does not apply to warning devices with self-contained energy sources. In previous interpretations, the agency has determined that the phrase 'self-contained energy sources' includes such things as battery powered lights. Accordingly, a warning device to which a battery operated flashing light was added would not be subject to Standard No. 125. You also asked whether a vehicle required to have three '125 warning triangles' would be required to have three non-lighted complying triangles set out as well. Please be aware that NHTSA does not regulate the use of warning devices. I am forwarding your letter to the Federal Highway Administration (FHWA) which is authorized to regulate some motor vehicle operators and vehicle operations. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam1926OpenHonorable Nelson A. Rockefeller, President of the Senate, Washington, DC 20510; Honorable Nelson A. Rockefeller President of the Senate Washington DC 20510; Dear Mr. President: The purpose of this letter is to inform the Committees on Commerce an on Public Works of recent activities and decisions of the National Highway Traffic Safety Administration relating to the establishment of a Uniform Tire Quality Grading Standard (UTQGS). We are pleased to announce that this standard, required by section 203 of the National Traffic and Motor Vehicle Safety Act of 1966 (15 USC 1423), was promulgated on May 20, 1975 (copy enclosed). The rule provides for grading tires in three areas: treadwear, traction, and temperature performance. I believe it will provide the consumer with the information he needs to determine which tire is the best value for him, considering his needs and driving habits.; As I am sure you are aware, we have had our share of problems i developing this rule. It had been our original intention to utilize a control tire against which other tires would be compared. In May of 1974, due to technical problems and time constraints imposed by the court in *Nash* v. *Brinegar*, Civil Action No. 17, D.C. (1974), the decision was made to attempt to utilize a control surface rather than a control tire. In order to investigate the feasibility of this approach, a section of runway at Goodfellow AFB, in San Angelo, Texas, was repaved, to provide a research control surface. At the outset of the research project the question had been raised regarding the applicability of section 301 of the National Traffic and Motor Vehicle Safety Act of 1966 (which provides for specific approval by the above mentioned Committees of the Senate and their counterparts in the House, before constructing facilities for testing in traffic safety) to the construction of the control surfaces. It was then determined that since the action was a short-term effort, and in the nature of a feasibility study, section 301 was not applicable. This research project was successful and forms the basis of the rule.; We have recently obligated a sum of $75,000, in addition to th approximately $750,000 expended for the earlier research project (including $165,000 for the control surface), for the purpose of altering the control surfaces and nearby roadway to enable manufacturers to use these surfaces to meet the requirements of complying with the rule.; Even though the associated conversion costs were less than $100,000, w recognized that alterations to the surfaces in late FY 1976 and FY 1977 will cause total expenditures to rise above that level. Therefore, prior to proceeding with the recent site conversion effort, we focused again on the issue of the applicability of section 301. We determined that the section is inapplicable because the purpose of the control surface is to facilitate testing in a matter which is first and foremost consumer information rather than traffic safety, for, as stated in section 203 of the Act, UTQGS is established 'in order to assist the consumer to make an informed choice in the purchase of motor vehicle tires . . . .'; We will continue to keep you posted on the progress of the UTQGS a manufacturers begin testing. We expect to be able to provide the consumer with information in the near future which will enable him to make the best use of his tire dollars.; Sincerely, James B. Gregory, Administrator |
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ID: aiam2609OpenMr. Byron A. Crampton, Manager of Engineering Services, Truck Body and Equipment Association, Inc., 5530 Wisconsin Avenue, N.W., Washington, DC 20015; Mr. Byron A. Crampton Manager of Engineering Services Truck Body and Equipment Association Inc. 5530 Wisconsin Avenue N.W. Washington DC 20015; Dear Mr. Crampton: This responds to your April 6, 1977, letter asking whether two propose labels satisfy the requirements for certification and information labels found in 49 CFR Part 567, *Certification*, and Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars*.; The National Highway Traffic Safety Administration (NHTSA) does no issue advance approval of compliance by manufacturers with motor vehicle safety standards or regulations. The agency, however, will give an informal opinion as to whether your sample labels appear to comply with NHTSA regulations. From the illustrations you present, it appears that you have closely followed the format suggested in our regulations, and therefore, the labels seem to comply with the agency's requirements. Section S5.3(b) of Standard No. 120 permits the use of both labels when affixed in accordance with Part 567.4(b)- (f).; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam0634OpenMr. Thomas S. Pieratt, Jr., Truck Equipment & Body Distributors Association, 602 Main Street, Cincinnati, OH 45202; Mr. Thomas S. Pieratt Jr. Truck Equipment & Body Distributors Association 602 Main Street Cincinnati OH 45202; Dear Mr. Pieratt: I have enclosed our reply to Mr. Grace of White River Distributors Inc., whose letter you forwarded to us on March 10, 1972, and request that you forward our response to him. His letter to us contains no return address, and we are consequently unable to write to him directly.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5436OpenMr. Richard Kreutziger Executive Director New York School Bus Distributors Association 102 Grace Street Penn Yan, NY 14527; Mr. Richard Kreutziger Executive Director New York School Bus Distributors Association 102 Grace Street Penn Yan NY 14527; Dear Mr. Kreutziger: This responds to your facsimile transmittal lette to me of July 19, 1994. Your letter referred to Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus Emergency Exits and Window Retention and Release (49 CFR 571.217), and asked whether emergency exits on school buses with a gross vehicle weight rating (GVWR) of less than 4,536 kilograms (10,000 pounds) and a passenger capacity of 2 to 16 seated and/or wheelchair positions, are required to be outlined with retroreflective tape as specified in paragraph S5.5.3(c) of the standard. In 49 CFR 571.3, this agency defines a bus as a motor vehicle, except a trailer, designed to carry more than 10 persons, and further defines a school bus as A bus that is sold, or introduced in interstate commerce, for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation. Whether or not a vehicle is a school bus, therefore, depends on its use (transporting the specified students) and seating capacity (more than 10), and not GVWR. Accordingly, if the seating capacity of a vehicle is 10 or less, it is not a bus and likewise not a school bus, regardless of use or GVWR. Such a vehicle would not be required to comply with the requirements of FMVSS No. 217. Vehicles meeting the definition of school bus would be subject to the requirements of FMVSS No. 217. Section S5.5 of the standard, Emergency Exit Identification, specifies the marking requirements for emergency exits on all buses. Sections S5.5.1 and S5.5.2 apply to non-school buses, while section S5.5.3 applies to all school buses, without regard to GVWR. Paragraph S5.5.3(c) provides: Each opening for a required emergency exit shall be outlined around its outside perimeter with a minimum 3 centimeters wide retroreflective tape, either red, white, or yellow in color, that when tested under the conditions specified in S6.1 of 571.131, meets the criteria specified in Table 1. We would like to emphasize two points with regard to your letter. The first is that only those emergency exits that are required by the standard are subject to this provision. Extra emergency exits added as options are encouraged, but not required, to be outlined with the tape. The other point is one that I made in a May 18, 1994 letter to you. A technical amendment is pending publication which will amend the size requirement for the width of the retroreflective tape, from a minimum of 3 centimeters (cm.) to a minimum of 2.5 cm. That amendment is necessary because retroreflective tape is not commercially available in 3 cm. widths. Until the correction is issued, NHTSA will not take enforcement measures regarding tape width size against a manufacturer who uses one inch wide (minimum 2.5 cm.) retroreflective tape. In closing, bear in mind that all school buses are required to have a specified number of emergency exits, the number and location of which depend on the seating capacity of the vehicle, regardless of the GVWR, and all required emergency exits must be outlined with the retroreflective tape. I hope this information is helpful to you. Should you have any further questions or need any additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel; |
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ID: aiam1475OpenMr. Andrew T. Hospodor, 423 Silver Hill Road, Cherry Hill, NJ 08034; Mr. Andrew T. Hospodor 423 Silver Hill Road Cherry Hill NJ 08034; Dear Mr. Hospodor: This is in reply to your letter of March 26, 1974, concerning th defect notification campaign involving your 1972 Open Road motor home. You object to Open Road's insistence that you sign an authorization for repair and alteration form which contains a rather comprehensive indemnity and hold-harmless provision.; The NHTSA is without authority to compel the making of any repairs t potentially defective vehicles in the hands of purchasers. Manufacturers are free to make repairs subject to conditions, or to not make them at all. The NHTSA has issued regulations regarding the content of defect notification letters (49 CFR Part 577) but does not consider these regulations to apply to the campaign in question as the campaign was initiated before the regulations became effective.; We have corresponded with Open Road regarding this matter, which wa first brought to our attention by another purchaser whose objections were similar to your own. That purchaser signed a modified authorization form with Open Road, who has provided us with a copy which we enclose for your information. Open Road has informed us that the *sole* purpose of the indemnity and hold-harmless clause to which you object is to protect Open Road from third party claims for unauthorized repairs. A copy of Open Road's letter to us with that representation is enclosed should you wish to undertake further negotiations with the company.; We have notified Open Road that future campaign notification letter must be revised if the company insists on the continued use of the indemnity and hold- harmless provision in its present form. Copies of this correspondence with Open Road are also enclosed.; We appreciate your bringing this matter to our attention. Sincerely, Lawrence R. Schneider, Chief Counsel |