NHTSA's Interpretation Files Search
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ID: aiam4972OpenD. E. Dawkins, Acting Director Automotive Safety Planning and Compliance Product Strategy and Regulatory Affairs Office Chrysler Corporation CIMS 414-01-22 12000 Chrysler Drive Highland Park, MI 48288-0857; D. E. Dawkins Acting Director Automotive Safety Planning and Compliance Product Strategy and Regulatory Affairs Office Chrysler Corporation CIMS 414-01-22 12000 Chrysler Drive Highland Park MI 48288-0857; "Dear Mr. Dawkins: This responds to the petition dated September 30 1991, that Mr. Kittle submitted on behalf of Chrysler Corporation seeking temporary exemption for the TEVan from several Federal motor vehicle safety standards on the basis that the exemption would facilitate the development and field evaluation of low emission motor vehicles. The petition indicates (page 4) that exemption is sought for four l989 Dodge Caravans, converted to electric power, that 'were manufactured for test and evaluation'. We understand that this conversion occurred after completion of the manufacture of the vans, and that the conversion was performed by a subsidiary of Chrysler. If an exemption is granted, the petition states that 'one or more of the vehicles will be titled and sold for ongoing endurance evaluation.' Finally, we understand that the TEvans are currently in the possession of the Electric Power Research Institute in California for evaluation, and that presumably they are being driven on the public roads. We regret the delay in responding to Mr. Kittle's letter. The petition represents a rare instance in which a manufacturer has petitioned for an exemption for a vehicle whose manufacture has been completed, and which has been in use. The purpose of an exemption is to allow a manufacturer to engage in conduct that would otherwise be prohibited by the National Traffic and Motor Vehicle Safety Act, specifically, the manufacture for sale, sale, offer for sale, or introduction or delivery for introduction, or importation into the United States of a motor vehicle that does not conform to all applicable Federal motor vehicle safety standards, and which does not bear a certification of compliance with those standards. With respect to the four TEVans for which petition has been made, it appears that they have already been introduced into interstate commerce without a certification of compliance (or, if bearing the certification of the original vehicle, a certification that is false and misleading in a material respect, a further violation of the Act). Any exemption by the Administrator could not cover conduct violative of the Act that has already occurred. However, we have concluded that the Administrator may grant an exemption to vehicles, which would apply to conduct that would violate the Act, but which has not occurred. As Chrysler seeks an exemption in order to sell the TEVans, or to offer them for sale, the Administrator's exemption authority may be exercised to permit Chrysler to do so, after the procedural requirements have been followed. The petition meets our requirements for form and content, and a notice requesting public comment is being prepared for publication in the Federal Register. We shall notify you when the Administrator has reached a decision. If you have any questions, you may discuss them with Taylor Vinson of this Office (202-366-5263). Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam5660OpenErika Z. Jones, Esq. Mayer, Brown & Platt 2000 Pennsylvania Ave. NW Washington, DC 20006-1882; Erika Z. Jones Esq. Mayer Brown & Platt 2000 Pennsylvania Ave. NW Washington DC 20006-1882; Dear Ms. Jones: This responds to your letter of November 27, 199 concerning the requirement in S4.4 of Standard No. 207, Seating Systems. That section provides that: Seats not designated for occupancy while the vehicle is in motion shall be conspicuously labeled to that effect. You requested confirmation that this requirement would not apply to a seat that was equipped with a folding seat back to convert the seat to a bed. You are correct. NHTSA interprets this requirement as applying only to positions that do not qualify as designated seating positions under 49 CFR 571.3. Therefore, 'designated seating positions' that convert to a non-seating use do not have to comply with the labeling requirement of S4.4. I hope this information has been helpful. If you have other questions or need some additional information, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, Samuel J. Dubbin Chief Counsel; |
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ID: aiam0198OpenMr. Yoshio Horii, Manager, Lighting Engineering Department, Ichikoh Industries, Ltd., 5-10-18, Higashi-Gotanda, Shinagawa-Ku, Tokyo 141, Japan; Mr. Yoshio Horii Manager Lighting Engineering Department Ichikoh Industries Ltd. 5-10-18 Higashi-Gotanda Shinagawa-Ku Tokyo 141 Japan; Dear Mr. Horii: Thank you for your letter of December 16, 1969, concerning th relationship between performance requirements of Standard No. 108 and the referenced and subreferenced SAE standards in Standard No. 108.; Public Law 89- 563 requires that the motor vehicle safety standards b stated in terms of what is to be accomplished rather than in terms of specific designs, and that they be objective, reasonable, practicable, and meet the need for motor vehicle safety. In addition, the law required that the initial safety standards be based on *existing* standards.; Initial Federal Motor Vehicle Safety Standard No. 108 was based on th *existing* SAE standards as specified in Tables I and III of Standard No. 108. In some instances, these specified SAE standards in turn subreference other SAE standards that are design oriented, particularly the subreferenced standards on bulbs, bulb sockets and sealed beam headlamp units.; As provided by an interpretation (copy enclosed) issued on August 12 1968, entitled, 'Bulbs and Bulb Sockets,' bulbs conforming to Table I of subreferenced SAE J573 and bulb sockets conforming to subreferenced SAE J567 *need not* be used in lamp assemblies meeting the requirements of Standard No. 108. Therefore, as an example, tail lamps need meet only the requirements of SAE J585c (including color test in accordance with SAE J578a) when tested in accordance with the specified Sections of subreferenced SAE J575c.; The above interpretation does not apply to sealed beam headlamps Paragraph S3.1.1 and Tables I and III of Standard No. 108 specify that headlamps shall be designed to conform to SAE J579a and J580a. These specified standards in turn subreference SAE J573b and J571b. The dimensional requirements of SAE J571b serve a need for safety in that replacement sealed beam units are readily available, and standardization of inspection equipment and procedures is possible.; In summary, the referenced and subreferenced SAE standards ar applicable except as specifically provided by the enclosed interpretation.; With reference to the last paragraph in your letter, it is recognize that a manufacturer of motor vehicles may, as part of his contractual relationship with a supplier, require that the supplier certify conformance of the items provided by the supplier. Currently Public Law 89-563 does not require Ichikoh to certify conformance to Standard No. 108 of the lighting equipment it provides. However, an amendment to the standard has been proposed which would make the standard directly applicable to certain items of lighting equipment. This proposal would require Ichikoh to certify conformance, but only if Ichokoh (sic) were shipping such items directly to distributors and dealers in the United States. I enclose a copy of this proposal for your information.; Sincerely, Charles A. Baker, Office of Standards on Accident Avoidance Motor Vehicle Safety Performance Service; |
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ID: aiam0462OpenMr. K. Krueger, Technical Development, Liason (sic) Engineer, Volkswagen of America, Inc., Englewood Cliffs, NJ 07632; Mr. K. Krueger Technical Development Liason (sic) Engineer Volkswagen of America Inc. Englewood Cliffs NJ 07632; Dear Mr. Krueger: This will serve to confirm your understanding that a retractor capabl of meeting the requirements for a vehicle-sensitive emergency-locking retractor under Standard No. 209 conforms to the Standard even though it is provided with a back-up webbing-sensitive retractor that locks only at webbing accelerations greater than those specified in Standard No. 209.; Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam5230OpenMr. Reuven Koter Director Baran Advanced Technologies Ltd. P.O. Box 3153 Beer Sheva 84131 Israel; Mr. Reuven Koter Director Baran Advanced Technologies Ltd. P.O. Box 3153 Beer Sheva 84131 Israel; "Dear Mr. Koter: We are replying to your FAX of July 21, 1993, to Mr Van Iderstine of this agency, and are enclosing a copy of SAE J590b as you requested. You have asked us to identify the U.S. regulations pertaining to turn signal and hazard warning signal lights including tell-tales. The applicable regulation is Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. Standard No. 108 incorporates by reference many SAE materials, including those regarding flashers. In addition to SAE J590b (turn signal flasher, with the exceptions noted in S5.1.1.19 and S5.1.1.20 of Standard No. 108) Standard No. 108 incorporates SAE J589 (turn signal operating unit, with the exception noted in S5.1.1.13), SAE J588 (turn signal lamps for vehicles less than 2032 mm in overall width and J1395 for wider vehicles), J910 (vehicular hazard warning signal operating unit) and J945 (vehicular hazard warning signal flasher). The turn signal pilot indicator specifications are at paragraph 5.4.3 in SAE J588 and J1395. NHTSA is not contemplating rulemaking concerning any of these requirements. We understand from Mr. Van Iderstine that you are contemplating manufacturing a device that senses the sudden release of the accelerator pedal and activates the hazard warning lamp system. Under Standard No. 108, this device is permissible as original vehicle equipment (i.e. installed at the factory, or by the dealer before sale) if it does not impair the effectiveness of any of the lighting equipment that is required by Standard No. 108. We assume that the device would be automatically deactivated when the brake pedal is applied and that manual deactivation is not required. We further assume that the device is not activated under normal stopping conditions. Finally, we assume that manual activation of the turn signals will override the device should it be operating at the time the turn signal control is activated. Under these assumptions, we do not believe that the device would impair the effectiveness of the stop, tail, and turn signal lamps required by Standard No. 108. However, the judgment of impairment is one made by the person installing the device who must certify (or ensure that the certification remains valid) that the vehicle incorporating the device complies with all applicable Federal motor vehicle safety standards. Unless that judgment is clearly erroneous, NHTSA will not question it. Mr. Van Iderstine advises that no further details are currently available on ECE agenda item 'Regulation No. 48.' Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam0032OpenMr. David Busby, Busby and Rivkin, 1001 Connecticut Ave., N.W., Washington, D.C., 20036; Mr. David Busby Busby and Rivkin 1001 Connecticut Ave. N.W. Washington D.C. 20036; Dear Mr. Busby: In your letter of July 13, 1967, you requested clarification of severa issues relating to the location and size of turn signals as specified in the Initial Federal Motor Vehicle Safety Standards. Initial Standard No. 108, entitled, 'Lamps, reflective Devices, and Associated Equipment - Multipurpose Passenger Vehicles, Trucks, Trailers, and Buses, 80 or More Inches Wide Overall,' specifies that turn signal lamps shall conform to Class A of SAE Standard J588d. As stated in the enclosures to your letter, SAE Standard J588d specifies that the optical axis (filament center) of the front turn signal lamp shall be at least 4 inches from the inside diameter of the retaining ring of the headlamp unit providing the lower beam. This requirement of the SAE Standard is addressed to a single lamp with only one bulb. For a combination of lamps, such as that shown on the sketch enclosed with your letter, the intent of this requirement could be met if the optical center produced by the two bulbs is outside the 4-inch limit. The location of this optical center must be determined from laboratory test data, which was not presented in your letter.; *Proposed* Initial Standard No. 112, entitled, 'Lamps, Reflectiv Devices, and Associated Equipment - Passenger Cars, Motorcycles, and Multipurpose Passenger Vehicles, Trucks, Trailers, and Busses of less than 80 Inches Wide Overall,' would permit the use of Class B (SAE J588d) turn signal lamps until January 1, 1969. Under this provision, lamp No. 1 on your sketch would conform to the 4-inch spacing requirement. Combining lamp no. 1 and No. 2 to obtain a Class A Area would again result in the situation previously described with respect to location of the optical center.; Since your letter makes frequent reference to 'cars,' we assume tha you are primarily interested in the requirements of Standard No. 112. In this respect, we would caution you that the requirements specified therein are presently only proposed requirements, and are subject to change prior to issuance of the final standard.; Thank you for your interest in the motor vehicle safety standards. Sincerely yours, George C. Nield, Acting Director, Motor Vehicle Safet Performance Service; |
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ID: aiam0527OpenMr. Stewart N. Metz, Crane Carrier Company, P.O. Box 4508, Tulsa, OK 74104; Mr. Stewart N. Metz Crane Carrier Company P.O. Box 4508 Tulsa OK 74104; Dear Mr. Metz: This is in response to your letter (sic) of November 16 and 30, 1971 concerning the application of Federal Motor Vehicle Safety Standard No. 206 to heavy duty trucks. You reported that you are unlikely to be able to bring the side door locks and latches on your truck into conformity with the standard until mid-1972.; In your first letter, you asked whether the standard will apply to al trucks or only those having a GVWR of more than 10,000 pounds. The standard will apply, beginning January 1, 1972, to all trucks without regard to their GVWR.; In your second letter, you requested for your trucks a temporar exemption of 180 days from the standard. We regret that we are unable to consider your request, since our authority under section 12 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1410) to grant such exemptions expired in April of this year.; Beginning January 1, 1972, the manufacture of any truck not i compliance with Standard 206 will be prohibited. Section 108(a) of the Act provides that; >>>'No person shall manufacture for sale . . . any motor vehicle . . manufactured on or after the date any applicable . . . standard takes effect . . . unless it is in conformity with such standard . . . ' (15 U.S.C. 1397)<<<; The prohibition is enforceable by civil penalties under section 109 (1 U.S.C. 1398) and injunction under section 110 (15 U.S.C. 1399). In addition, in the event that a noncompliance were determined to be a safety-related defect, notification of the defect would have to be furnished under section 113 (15 U.S.C. 1402).; Let us know if we may be of further assistance. Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4837OpenMr. Robert H. Jones President, Triple J Enterprises, Inc. P.O. Box 6066 Tamuning, Guam 96931; Mr. Robert H. Jones President Triple J Enterprises Inc. P.O. Box 6066 Tamuning Guam 96931; "Dear Mr. Jones: This responds to your letters of December 11, l990 and January 22, l99l, to Clive Van Orden of this agency, enclosing copies of your letters to Representative Blaz, dated July 6 and October 11, 1990, and to our Office of Enforcement dated July 5, l990. You have also enclosed a copy of a letter that Governor Guerrero of the Commonwealth of the Northern Mariana Islands (CNMI) wrote on your behalf on October 11, l990, to Representative Blaz. Your letter to us of July 5, l990, expresses your understanding that the Federal motor vehicle safety standards (FMVSS) apply in the CNMI, and that you, as an importer, have imported only vehicles that are certified as conforming to the FMVSS, however, certain of your competitors have not. You asked 'Will I get compliance enforcement? Or should I join the competition and bring in the vehicles that do not comply?' To similar effect is your letter of the next day to Representative Blaz. Governor Guerrero's letter to Mr. Blaz expresses his opinion that the FMVSS do not apply in the CNMI. The Governor explains: By our Covenant with the United States, we were obliged to except NHTSA believes he means 'accept' federal laws that applied to Guam and the several states as of January 9, 1978. Federal enabling legislation behind the FMVSS has been on the books since l966. The legislation applied to Guam and the states on January 9, 1979 sic . It looks like we get the law. But that is not the end of the analysis. We would accept application of the FMVSS here only if such federal law did not deny us our guaranteed right of local self-government with respect to internal affairs. It is my view that automobile safety is an internal affair. It is the subject for self- government. The Federal Motor Vehicle Safety Standards do not apply in the CNMI. These federal safety standards are imposed on the states by virtue of the Commerce clause of the Federal Constitution. The federal Commerce clause does not apply in the CNMI, it cannot carry the FMVSS into our islands. I t is our position that the FMVSS does sic apply here and will not be enforced by my Administration. We cannot agree with the Governor's conclusion. The National Traffic and Motor Vehicle Safety Act of l966 (l5 U.S.C. 1381 et seq.), does apply in the CNMI, as do all regulations such as the FMVSS that are issued under the authority of that law. The Governor believes that 'automobile safety is an internal affair'. For the most part we agree, but not with respect to the primacy of the FMVSS. We agree that vehicle registration, taxation, and use of the roads in the CNMI are matters properly under the jurisdiction of the CNMI. Further, the Act permits local jurisdictions to enact or continue in effect their own vehicle safety standards provided that they do not differ from the FMVSS (except as may apply to their own official vehicles). The FMVSS are manufacturing standards that apply when the vehicles are built, imported, and sold. We are sorry that your observance of the law may have put you at a competitive disadvantage. If you have specific information regarding possible violations of the importation provisions of the Act in the CNMI including the names and addresses of specific businesses or individuals, please communicate that information to Mr. Van Orden. Our sources of information are kept confidential. Although the FMVSS apply in the CNMI, it is obvious that enforcement of them by this agency is made more difficult by the absence of agency staff in the CNMI. If local government would 'move for immediate adoption of those standards ... by local law', then they may be enforced locally. I cannot think of a single one of the FMVSS that would not be of benefit. Although speeds may be low on the roads of the CNMI, many of the FMVSS are intended to provide crash protection at 30 m.p.h. Obviously, FMVSS that pertain to vehicle lighting, windshield wiping and washing, etc. provide protection at any speed. We appreciate your bringing this matter to our attention. Sincerely, Paul Jackson Rice Chief Counsel cc: Thomas Rabago Highway Safety Coordinator"; |
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ID: aiam0177OpenHonorable William Proxmire, United States Senate, Washington, DC 20510; Honorable William Proxmire United States Senate Washington DC 20510; Dear Senator Proxmire: Thank you for your letter of August 27, 1969, to the Director Legislative Liaison, Department of Transportation, concerning Mr. Eugene J. Shermeister's comments on headlamps for motor vehicles.; Enclosed for Mr. Shermeister's information is a copy of Federal Moto Vehicle Safety Standard No. 108 on lighting requirements for the vehicles specified in the standard. Standard No. 108 is applicable to new vehicles manufactured on or after the effective date of January 1, 1969. In accordance with the National Traffic and Motor Vehicle Safety Act of 1966, the initial safety standards were based on existing standards. Headlighting requirements, as specified in Standard No. 108, were therefore based on existing Bureau of Motor Carrier Safety Regulations, certain State regulations and the Society of Automotive Engineers (SAE) Standards. On this basis, Standard No. 108 specifies that headlamps for all vehicles except motorcycles conform to SAE Standards J579a and J580a, entitled, respectively, 'Sealed Beam Headlamp Units for Motor Vehicles' and 'Sealed Beam Headlamp.' To provide protection from blinding effects to oncoming drivers, SAE Standard J579a specifies a maximum lamp output of 37,500 candlepower. This candlepower value is considerably less than the candlepower output of quartz iodine type headlamps.; As indicated in paragraph S2 of Standard No. 108, the standard i applicable to lighting on new vehicles and not to replacement lighting equipment. Except for vehicles subject to the Bureau of Motor Carrier Safety Regulations, the requirements for replacement lighting equipment, as well as lighting requirements for vehicles in use, are those requirements as set by the regulatory agencies of the individual states.; The National Highway Safety Bureau is sponsoring a research contract o improved forward lighting for motor vehicles. Results of this contract will not only provide us with well-founded data for use in amending the standard, but will also assist us in evaluating the relative merits of sealed beam, quartz iodine and other types of headlamps.; Sincerely, W. M. Jacklin, Jr., Acting Director, Motor Vehicle Safet Performance Service; |
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ID: aiam5375OpenMr. Len R. Thies C&C Creations 9103 East 67th Court Tulsa, OK 74133; Mr. Len R. Thies C&C Creations 9103 East 67th Court Tulsa OK 74133; "Dear Mr. Thies: This responds to your letter asking about Federa rules, particularly those for flammability resistance, applicable to your aftermarket product. I apologize for the delay in responding. You state that your product is a sheet of clear vinyl that inhibits the air flow in a van, thus reducing the amount of air to be heated or cooled. You further state that your product does not impair visibility and that it is easily detached and removed by the vehicle owner. This response is based on our understanding of the facts presented in your letter. By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. 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 new vehicles and items of equipment for compliance with the standards. In response to your question, you are required to certify that your device complies with Standard No. 205, Glazing Materials (49 CFR 571.205), based on our understanding of your letter. Standard No. 205 applies to new, completed vehicles as well as to glazing sold in the aftermarket. The standard establishes performance requirements for various types of glazing (called 'items') and specifies the locations in vehicles in which each item of glazing may be used. The standard also incorporates by reference 'ANSI Z26,' the American National Standards Institute's 'Safety Code for Safety Glazing Materials for Motor Vehicles Operating on Land Highways.' It appears that your device may be considered an 'interior partition,' which is considered under ANSI Z26 to be item 6 glazing. In addition, if your product were manufactured for a new vehicle, the vehicle would have to be certified as complying with Standard No. 111, Rearview Mirrors and Standard No. 302, Flammability of Interior Materials, in addition to Standard No. 205. However, Standards No. 111 and No. 302 apply only to new vehicles, and not to items of aftermarket motor vehicle equipment. Thus, they do not apply to your product. I note, however, that there are other Federal requirements that indirectly affect the manufacture and sale of your product. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 108(a)(2)(A) of the Safety Act, which states: '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 or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ....' Your vinyl sheet could render inoperative the rearward visibility requirements set forth in Standard No. 111, or the light transmittance requirements set forth in Standard No. 205. In addition, your product could have elements of design that could render inoperative a vehicle's compliance with Standard No. 302, the FMVSS for flammability resistance for materials used in the occupant compartment of motor vehicles. While it appears unlikely that persons in the aforementioned categories would be installing your product, if they were to install it, they must not compromise the rearward visibility or flammability resistance provided by the motor vehicle. The 'render inoperative' prohibition of 108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your products were placed in vehicles by the vehicle owners, they would not need to meet any FMVSSs. Nevertheless, NHTSA urges vehicle owners not to tamper with or degrade the safety of their vehicles. 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, John Womack Acting Chief Counsel Enclosure"; |