NHTSA's Interpretation Files Search
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ID: aiam0486OpenDavid J. Humphreys, Esq., Recreational Vehicle Institute, Inc., Suite 406, 1140 Connecticut Avenue, Washington, DC 20006; David J. Humphreys Esq. Recreational Vehicle Institute Inc. Suite 406 1140 Connecticut Avenue Washington DC 20006; Dear Mr. Humphreys: As we have advised Ed Bernett of your office from time to time durin the fall, a response to your letter on the treatment of removable foam seat cushions under Standard No. 207 has been under review for some time.; Standard No. 207 is essentially a test of the strength of the sea structure. As such it does not prohibit the use of removable seat cushions of the type described in your letter.; We consider it to be the intent of the standard, however, that when th momentum of a cushion is transferred in any way to the seat structure during the course of an acceleration in a given direction, the weight of the cushion must be added to the weight of the seat structure in calculating the force to be applied in that direction under S4.2 and S4.3.2.; Please advise us if you have further questions. Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam2511OpenMr. Dave Murray, Harley Murray, Inc., 1754 E. Mariposa Road (So. Highway 99), Stockton, CA 95206; Mr. Dave Murray Harley Murray Inc. 1754 E. Mariposa Road (So. Highway 99) Stockton CA 95206; Dear Mr. Murray: This responds to your January 25, 1977, question whether a row of eigh wheels arranged in a line that is perpendicular to the longitudinal axis of a vehicle constitute an 'axle' as that word is used in S3(b) of Standard No. 121, *Air Brake Systems*. You note that the wheels are not mounted on a single solid axle but rather are mounted on two walking beam assemblies that also constitute the suspension for a separate set of eight wheels across the vehicle.; The answer to your question is yes. When asked for a definition o 'axle system' in connection with Standard No. 121, the National Highway Traffic Safety Administration stated:; >>>In answer to Wagner's request for a definition of 'axle system,' th term is used in the same sense as it is used in the definition of GAWR found at 49 CFR 571.3. 'Axle system' is used instead of 'axle' to avoid confusion in situations where a suspension system does not employ an axle. The term has not created difficulty in the GAWR definition (39 FR 17553, May 17, 1974).<<<; The agency's use of 'axle' in S3 is intended to be identical to its us of the phrase 'axle system.' Thus, 'axle' means the arrangement of wheels that lie across the vehicle in a line that is perpendicular to the longitudinal centerline of the vehicle. This understanding of 'axle' and 'axle system' is used regularly in the assignment of gross axle weight ratings (GAWR) on vehicles that employ independent suspensions in place of solid axles.; From your description, it appears that each row of eight wheels on you trailer constitutes an 'axle' or 'axle system' that could be rated at a GAWR in excess of 29,000 pounds, qualifying the vehicle for exclusion from Standard No. 121.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam2842OpenHonorable John Glenn, United States Senate, Washington, DC 20510; Honorable John Glenn United States Senate Washington DC 20510; Dear Senator Glenn: This is in response to your letter of June 7, 1978, pertaining to you constituent's, Mrs. Carl A. Koch, concerns regarding motor vehicle seat backs that do not permanently lock.; Federal Motor Vehicle Safety Standard No. 207, Seating Systems, cop enclosed, requires that a hinged or folding occupant seat or occupant seat back shall be equipped with a self-locking device for restraining the hinged or folding seat or seat back and a control for releasing that restraining device. The industry is currently installing two types of seat back latches, a manual conventional type of latch and a new inertial locking device. The standard requires that the locks withstand a load 20 times the weight of the hinged portion of the seat and is not required to withstand the load of an occupant striking the seat back. Rear occupants are expected to be restrained by the rear seat belts, however, seat backs in locked position, because of some padding, do provide some protection for unrestrained occupants.; The seat back latch referred to by your constituent is an inertial sea back latch which is neither required nor prohibited by the standard. The industry, in an effort to facilitate rapid egress from a motor vehicle in emergency situations, such as a fuel fire, have introduced inertial seat back latches. The seat back latch will lock when the low forces of a panic breaking situation occurs or a high impact force occurs, releasing itself automatically when the inertial forces drop to a predetermined force, normally approximately .5g, allowing rapid occupant egress.; We believe there can be positive post-crash escape advantages for th inertial type seat back latches, however, it would appear from Mrs. Koch's experience that it may be warranted to initiate an investigation of the type of inertial latches installed in the 1978 Ford Granada. Accordingly, I am forwarding a copy of your letter to our Office of Defects Investigation for their action to determine if and what corrective action may be warranted.; I hope this information is helpful to you in responding to Mrs. Koch' inquiry. If I can be of further assistance, please let me know.; Sincerely, Michael M. Finkelstein, Acting Associate Administrator fo Rulemaking; |
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ID: aiam4095OpenMr. Earnest Farmer, Director of Pupil Transportation, Tennessee Department of Education, Nashville, TN 37219-5335; Mr. Earnest Farmer Director of Pupil Transportation Tennessee Department of Education Nashville TN 37219-5335; Dear Mr. Farmer: This responds to your February 19, 1986 letter to the National Highwa Traffic Safety Administration (NHTSA) asking whether Federal motor vehicle safety standards prohibit commercial businesses from using fiberglass on the exterior of school buses. As explained below, the answer to your question is no.; The National Traffic and Motor Vehicle Safety Act authorizes NHTSA t issue minimum performance standards for school buses. Our safety standards do not specify the materials to be used for the exterior of school buses. However, the materials chosen by a manufacturer must be strong enough to enable the bus to meet the requirements of those standards. Among those requirements are the rollover protection ones of Standard No. 220, fuel system requirements of Standard No. 301, and strength requirements of Standard No. 221, *School Bus Body Joint Strength*, for body panel joints on school buses with gross vehicle weight ratings over 10,000 pounds. Manufacturers of new school buses using fiberglass for school bus exteriors must certify that their vehicles conform to the requirements of all applicable school bus safety standards.; I hope this information is helpful. Please contact my office if yo have further questions.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3750OpenMr. Philip H. Wong, Deltana Enterprises, Inc., 12871 S.W. 117 Street, Miami, Florida 33186; Mr. Philip H. Wong Deltana Enterprises Inc. 12871 S.W. 117 Street Miami Florida 33186; Dear Mr. Wong: This responds to your letter to this office asking for information o regulations applicable to the importation of new tires, retreaded tires, and used tire casings from Japan into this country. It is not clear from your letter whether you are interested in importing passenger car tires or tires for use on other motor vehicles. To ensure that you get the information of concern to you, I will discuss the three situations you asked about for both passenger car tires and tires for use on other motor vehicles.; Generally speaking, all tires which are subject to a Federal moto vehicle safety standard must have the symbol 'DOT molded into the sidewall by the manufacturer or retreader, if those tires are to be imported into the United States. This symbol represents a certification by the manufacturer or retreader that the tire complies with all requirements of the applicable safety standard. The importation of any item without the DOT certification symbol on the sidewall would be a violation of 15 U.S.C. 1397(a)(1)(A), and the importer would be subject to a civil penalty of $1000 for each tire he imported without a DOT symbol on the sidewall.; *New passenger car tires*. Section S4.3.1 of Safety Standard No. 10 (49 CFR S571.109) (copy enclosed) requires that all new passenger car tires have the DOT symbol molded into the sidewall by the manufacturer. Tires without this symbol may not legally be imported into this country.; *New tires for use on motor vehicles other than passenger cars* Section S6.5(a) of Standard No. 119 (49 CFR S571.119) (copy enclosed) requires that all new tires for use on motor vehicles other than passenger cars have the DOT symbol molded into the sidewall by the manufacturer. Tires without this symbol may not legally be imported into this country.; *Retreaded passenger car tires*. Sections S6.1 of Standard NO. 117 (4 CFR S571.117) (copy enclosed) requires that all retreaded passenger cars tires have the symbol DOT molded into the sidewall by the retreader. Retreaded passenger car tires without this symbol may not legally be imported into this country.; *Retreaded tires for use on motor vehicles other than passenger cars* No Federal safety standard is applicable to these tires. They may be imported without certification of compliance by the retreader. However, these tires must have a tire identification number marked on the sidewall, per the requirements of 49 CFR Part 574 (copy enclosed), if they are to be legally sold in the United States. It would be a violation of 15 U.S.C. 1397(a)(1)(E) to sell tires without an identification number.; *Used passenger car tires*. 15 U.S.C.d 1397(a)(1)(A) reads in part a follows: 'No person shall...import into the United States...any item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard...' The effect of this language is to require that passenger car tires manufactured on or after the date Standard No. 109 took effect (January 1, 1968) be certified as complying with that standard, whether the tire is now new or used. To be legally imported into the United States, used passenger car tires must either have a DOT symbol molded into the sidewall by the original manufacturer or be accompanied by proof that they were manufactured before January 1, 1968.; *Used tires for use on motor vehicles other than passenger cars*. Th same reasoning applied above in the case of used passenger car tires applies to these tires as well. Standard No. 119 took effect on March 1, 1975, so used tires to be imported into the United States must either have a DOT symbol on the sidewall or proof that they were manufactured before March 1, 1975.; Used tires for use on motor vehicles other than passenger cars whic have less than 2/32 inch of tread remaining and which are imported solely for the purpose of being retreaded in this country prior to resale may be imported without a DOT symbol on the sidewall. I have enclosed a copy of a letter to Mr. Roy Littlefield, which explains in detail the requirements of this narrow exception to the requirement that used tires have a DOT symbol on the sidewall to be legally imported.; You also asked for any other information which your supplier might nee to export tires to the United States. I have enclosed a copy of a letter to Mr. Yang Ru-tang, which sets forth the requirements which must be satisfied in order for a foreign manufacturer to export tires to this country.; If you need any further information on this subject, please feel fre to contact me.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1297OpenThomas N. O'Leary, Esq., Messrs. Pain & Julian, 1940 East Camelback, Phoenix, AZ 85016; Thomas N. O'Leary Esq. Messrs. Pain & Julian 1940 East Camelback Phoenix AZ 85016; Dear Mr. O'Leary: In your letter of October 8, 1973, to the Department of Transportatio you ask whether it is true that DOT requires trailer braking systems to have stainless steel conduits rather than copper ones.; Neither the Federal motor vehicle safety standards nor the regulation of the Bureau of Motor Carrier Safety contain such a requirement, and we are unaware of any Federal regulation of this nature.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam3300OpenHonorable John P. Murtha, Member, U.S. House of Representatives, Post Office Building, Room 15, 201 North Center Avenue, Somerset, PA 15501; Honorable John P. Murtha Member U.S. House of Representatives Post Office Building Room 15 201 North Center Avenue Somerset PA 15501; Dear Mr. Murtha: This responds to your recent request for information on behalf of you constituent, Mr. Steve Zufall. Mr. Zufall is interested in the specifications applicable to the manufacture of propane tanks to be used in the conversion of gasoline-powered vehicles. He asked how to obtain 'numbers' to be listed on the tanks and mentioned the designation '4VA-240', which someone had discussed with him.; The enclosed discussion sets forth the implications under Federal la of converting gasoline-powered vehicles to use propane, as well as a general discussion of auxiliary fuel tanks. The applicable statutory authority is the National Traffic and Motor Vehicle Safety Act, as amended 1974 915 U.S.C. 1381, *et seq*.). The discussion first looks at the Federal Motor Vehicle Safety Standard (FMVSS) applicable to fuel systems and then at the defect responsibilities that might be involved. Next, a brief mention is made of the possibility of product liability suits.; There are no requirements under the Federal motor vehicle safet regulations that specify 'numbers' which must be stamped on propane gas tanks. The designation mentioned by Mr. Zufall, 4VA- 240', is actually '4BA-240' and refers to specifications under the Bureau of Motor Carrier Safety regulations relating to fuel systems on commercial vehicles or to tanks used for shipment of propane gas in interstate commerce. These regulations would not apply, however, to tanks or fuel systems on private vehicles. For further information regarding these regulations, Mr. Zufall should contact Mr. W. R. Fiste of the Bureau of Motor Carrier Safety (202-426-0033).; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam2263OpenMr. G.E. Adams, Technical Manager, Dunlop Limited, Engineering Group, Holbrook Lane Coventry CV6 4AA, England; Mr. G.E. Adams Technical Manager Dunlop Limited Engineering Group Holbrook Lane Coventry CV6 4AA England; Dear Mr. Adams: This is in response to your letter of March 17, 1976, requestin information concerning steps which you, as a manufacturer of wheel equipment which will be offered for importation into the United States, must take in order to comply with all applicable National Highway Traffic Safety Administration regulations.; You should be aware of 49 CFR Part 566, *Manufacturer Identification* and 49 CFR Part 573, *Defect Reports*. In addition, Federal Motor Vehicle Safety Standard No. 119, *New Pneumatic Tires for Vehicles Other Than Passenger Cars*, may be of interest to you. Copies of these rules and an information sheet entitled 'Where to Obtain Federal Motor Vehicle Safety Standards and Regulations' are enclosed for your convenience.; Section 110(e) of the National Traffic and Motor Vehicle Safety Act (1 U.S.C. S1399(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.; The procedural regulations (49 CFR 551.45) for designation of agen pursuant to the Act requires that it include:; >>>(1) A certification by its maker that the designation is binding o Dunlop Limited under the laws, corporate bylaws, or other requirements governing the making of the designation at the time and place where it is made,; (2) The full legal name, principle place of business and mailin address of Dunlop Limited,; (3) Trade names or other designations of origin of the products o Dunlop Limited that do not bear its legal name,; (4) A provision that the designation of agent remain in effect unti with drawn or replaced by Dunlop Limited,; (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.<<<; A copy of the procedural regulation for designation of agent i enclosed for your convenience.; Sincerely, John Womack, Assistant Chief Counsel |
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ID: aiam2799OpenMr. Joe Purko, Director, Bureau of Transportation, Room 4201, City Hall, Los Angeles, CA 90012; Mr. Joe Purko Director Bureau of Transportation Room 4201 City Hall Los Angeles CA 90012; Dear Mr. Purko: This responds to your March 10, 1978, question whether Standard No 121, *Air Brake Systems*, applies to a device that automatically applies to (sic) vehicle's service brakes when a sensing bumper mounted at the rear of the vehicle is tripped by contact with an object during backing maneuver. For purposes of your question, I assume that the vehicle, whether new or used, has been certified to comply with Standard No. 121 prior to installation of the device.; The answer to your question is no. Paragraph S3 (Applicability) o Standard No. 121 states that the standard applies to trucks, buses, and trailers equipped with air brake systems (with some specified exceptions). The standard therefore applies only to vehicles, and does not apply to motor vehicle equipment such as the braking actuator you describe. The vehicle must, of course, conform to Standard No. 121 following installation of the device, if the installation occurs prior to the first purchase in good faith for purposes other than resale.; After the first retail sale, S108(a)(2)(A) of the National Traffic an Motor Vehicle Safety Act (the Act) (15 U.S.C. S1397(a)(2)(A)) prohibits, with one exception, manufacturers, distributors, dealers, and repair businesses from knowingly rendering inoperative devices or elements of design installed in satisfaction on a safety standard such as Standard No. 121.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam2633OpenMr. John A. McLaine, Chief, Automotive Engineering Standards, State of New Jersey, Division of Motor Vehicles, 25 South Montgomery Street, Trenton, NJ 08666; Mr. John A. McLaine Chief Automotive Engineering Standards State of New Jersey Division of Motor Vehicles 25 South Montgomery Street Trenton NJ 08666; Dear Mr. McLaine: This is in reply to your letter of June 28, 1977, to Mr. Vinson of thi office, asking for our comments on the flashing of ambulance headlamps for signaling purposes. You enclosed a copy of a Bulletin dated June 27, 1977, that New Jersey recently sent to its Inspection Stations advising rejection of ambulances equipped with headlamp flashing devices.; Paragraph S4.6(b) of Federal Motor Vehicle Safety Standard No. 10 *Lamps, Reflective Devices, and Associated Equipment,* requires that lamps other than turn signals, hazard warning signals, and school bus warning signals be steady-burning in use, 'except that means may be provided to [automatically] flash headlamps . . . for signaling purposes.' The purpose of the exception was to allow continued use of automatic flashing devices in jurisdictions where it was permitted when the standard was adopted, for without the exception manufacture and sale of vehicles so equipped would have violated the National Traffic and Motor Vehicle Safety Act. The exception provided by S4.6(b) has a preemptive effect only in that a State cannot forbid the sale and registration of a vehicle equipped with a flashing device, but there is no restriction on a State's authority to forbid the use of such mechanisms when it deems it in the interests of traffic safety to do so.; Thus, we have no objection to New Jersey's Bulletin of June 27, 1977. Sincerely, Joseph J. Levin, Jr., Chief Counsel |