NHTSA's Interpretation Files Search
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ID: aiam1106OpenMr. Shahid R. Khan, Engineer, Flex-N-Gate, 1306 E. University Avenue, Urbana, IL 61801; Mr. Shahid R. Khan Engineer Flex-N-Gate 1306 E. University Avenue Urbana IL 61801; Dear Mr. Khan: In your letter of April 17, 1973 to Mr. Schneider you ask whether th Federal lighting standard, No. 108, applies to you as a manufacturer of rear step-hitch bumpers for pick-up trucks. Since the bumper installation interferes with the original vehicle license plate mounting bracket, provision is made for relocating the license plate in the bumper. You apparently do not yourself mount the bumper to the vehicle, as your letter indicates that they are sold as aftermarket items 'to purchasers of new trucks' and to two truck manufacturers 'who install these items before the trucks are released to the dealers'.; Under the circumstances you describe, Standard No. 108 would not appl to you. Compliance and certification of new vehicles is the responsibility of the truck manufacturers who install the bumpers, although you may have a contractual obligation with them to provide license plate lighting meeting Federal requirements. In the aftermarket, if the bumper is installed prior to delivery of the truck to the purchaser, the dealer making the installation is legally responsible for compliance with Standard No. 108.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4304OpenMr. Goro Utsunomiya, Branch Manager, Mazda, Toyo Kogyo U.S.A. Representative Office, 1444 McGaw Avenue, Irvine, CA 92705; Mr. Goro Utsunomiya Branch Manager Mazda Toyo Kogyo U.S.A. Representative Office 1444 McGaw Avenue Irvine CA 92705; Dear Mr. Utsunomiya: This is in response to your letter of May 9, 1974, requesting a interpretation of the test procedure specified in Standard No. 301 (Docket No. 73-20, Notice 2) concerning the operation of the vehicle's fuel pump during testing.; Paragraph S7.1.3 of the standard requires that electrically driven fue pumps be in operation during the barrier crash tests if they normally operate with the activation of the vehicle's electrical system. If the pump is incapable of functioning with the independent activation of the electrical system and requires the operation of the vehicle's engine, then the pump should not be running during the barrier crash tests.; Based upon the description you provide in your letter, it appears tha you should conduct your barrier crash testing without operating the fuel pump.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam2403OpenMr. Donald I. Reed, Executive Secretary, Trailer Manufacturers Association, 401 North Michigan Avenue, Chicago, IL, 60611; Mr. Donald I. Reed Executive Secretary Trailer Manufacturers Association 401 North Michigan Avenue Chicago IL 60611; Dear Mr. Reed: This is in reply to your letter of September 9, 1976, asking for a interpretation of two provisions of Motor Vehicle Safety Standard No. 108.; You have informed us that 'some manufacturers are mounting lamps usin lock washers and wing nuts rather than conventional nuts to facilitate the installation of lamps when boat trailers are assembled at the dealer level.' S4.3.1 of Standard No. 108 requires that lamps 'shall be securely mounted . . . .' and you asked whether wing nuts, used as you described, provide a mounting that complies with S4.3.1. The answer is that this would appear to provide a secure mounting within the intent of Standard No. 108.; S4.3.1.3 requires that front side marker lamps for trailers be locate as far to the front as practicable, exclusive of its tongue. You ask whether 'the tongue is considered to start where the trailer frame begins to angle inward from its parallel sides . . . .' The answer is yes.; I hope this clarifies Standard No. 108 for you and your members. Yours truly, Frank Berndt, Acting Chief Counsel |
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ID: aiam4884OpenMrs. Elizabeth Anania 3045 Granville Drive Raleigh, NC 27609; Mrs. Elizabeth Anania 3045 Granville Drive Raleigh NC 27609; "Dear Mrs. Anania: This responds to your letter to Mr. Steve Kratzke o my staff, requesting that the National Highway Traffic Safety Administration (NHTSA) grant permission to a repair business to modify your motor vehicle. You explained that your husband, Vincent Anania, has some paralysis of his right arm and hand as a result of a stroke a year ago. You explained that your husband wishes to begin driving again and was recently evaluated by Bryant Driving School in Raleigh who determined that he was qualified to drive. However, the seat in your automobile does not move far enough back to allow your husband to enter the vehicle. You asked for permission to have your vehicle modified so that the seat can move further back. I hope the following discussion explaining our regulations will be of assistance to you. I would like to begin by clarifying that there is no procedure by which persons petition for and are granted permission from NHTSA to arrange to have a motor vehicle repair business modify their motor vehicle. Repair businesses are permitted to modify vehicles without obtaining permission from NHTSA to do so, but are subject to certain regulatory limits on the type of modifications they may make. In certain limited situations, we have exercised our discretion in enforcing our regulations to provide some allowances to a repair business which cannot conform to our regulations when making modifications to accommodate the special needs of persons with disabilities. Since your situation is among those given special consideration by NHTSA, this letter should provide you with the relief you seek. Our agency is authorized to issue Federal Motor Vehicle Safety Standards (FMVSS) that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required by the National Traffic and Motor Vehicle Safety Act (Safety Act) to certify that their products conform to our safety standards before they can be offered for sale. Manufacturers, distributors, dealers and repair businesses modifying certified vehicles are affected by 108(a)(2)(A) of the Safety Act. It prohibits those businesses from knowingly rendering inoperative any elements of design installed on a vehicle in compliance with a FMVSS. In general, 108(a)(2)(A) would require repair businesses which modify motor vehicles to ensure that they do not remove, disconnect or degrade the performance of safety equipment installed in compliance with an applicable safety standard. Violations of 108(a)(2)(A) are punishable by civil fines up to $1,000 per violation. In situations such as yours where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider any violation of 108(a)(2)(A) a purely technical one justified by public need. I can assure you that NHTSA would not institute enforcement proceedings against a repair business that modifies the seat on your vehicle to accommodate your husband's condition. We caution, however, that only modifications necessary to accommodate your husband's condition should be made to the seat. If you have further questions or need some additional information in this area, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam2053OpenMr. K. Nakajima, Director/General Manager, Factory Representative Office, Toyota Motor Sales, U.S.A., Inc., 1099 Wall Street, West Lyndhurst, NJ 07071; Mr. K. Nakajima Director/General Manager Factory Representative Office Toyota Motor Sales U.S.A. Inc. 1099 Wall Street West Lyndhurst NJ 07071; Dear Mr. Nakajima: This is in response to your letter of July 30, 1975, in which you aske whether the uniform tire quality grading requirements for furnishing information to prospective purchasers of vehicles apply to prospective purchasers of vehicles other than passenger cars that may be equipped with passenger car tires. This was asked in light of the fact that the tire quality grading rule itself applies to tires manufactured for use on passenger cars.; We do not consider that the requirements of S 575.6(a) and (c) regarding the furnishing of consumer information to motor vehicle buyers and prospective purchasers, apply to the sale of trucks or other non-passenger- car vehicles where uniform tire quality grading information is concerned.; We recognize that the language of the regulation may not be entirel clear in this regard, and are considering an interpretive amendment to clarify it.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam0594OpenMr. Gerald E. Bowman, Chief Executive Officer, Winnebago Industries, Inc., P.O. Box 152, Forest City, IA 50436; Mr. Gerald E. Bowman Chief Executive Officer Winnebago Industries Inc. P.O. Box 152 Forest City IA 50436; Dear Mr. Bowman: We have received your quarterly report pursuant to section 573.5 of th Defect Reports regulations and note that you have marked 'confidential' data submitted concerning a notification campaign conducted on your Model 04 motor home.; The NHTSA does not consider information regarding notificatio campaigns to be confidential under sections 112 or 113 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. SS 1401, 1402), and is making this information public. The only information that we have agreed to keep confidential, if requested, are production figures submitted pursuant to section 573.5(b).; Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam3212OpenMr. David Shomberg, Bus Con Corporation, 19 South Main Street, Spring Valley, NY 10977; Mr. David Shomberg Bus Con Corporation 19 South Main Street Spring Valley NY 10977; Dear Mr. Shomberg: This responds to your January 22, 1980, letter asking two question about the use of your body conversion numbers on the certification labels of vehicles you produce.; First, you ask whether a final-stage manufacturer may substitute it body conversion number for the vehicle identification number (VIN) that comes with the incomplete vehicle. The answer to this question is no. The VIN must be continued from the incomplete vehicle certification label to the final-stage certification label. However, you may insert your body conversion number on the label in addition to the VIN. Your number should appear at the bottom of the label below the required information.; In your second question, you ask whether you may include your bod conversion number on the alterers' labels for previously certified vehicles that you alter. The answer to this question is yes. As indicated above the number should appear at the bottom of the label below the required information.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam2950OpenMr. Hisakazu Murakami, Nissan Motor Co., Ltd., P.O. Box 1606, 560 Sylvan Avenue, Englewood Cliffs, New Jersey 07632; Mr. Hisakazu Murakami Nissan Motor Co. Ltd. P.O. Box 1606 560 Sylvan Avenue Englewood Cliffs New Jersey 07632; Dear Mr. Murakami: This is in response to your letter of September 29, 1978, and i confirmation of your conversation with Mr. Schwartz of my office. Since the agency was considering petitions for reconsideration when your letter was received, we concluded that it would be more helpful to respond to your letter after the revised standard was issued. A copy of the amendments to the standard and a copy of the notice of proposed rulemaking to further amend the standard are enclosed.; Your letter raised a number of question concerning Federal Moto Vehicle Safety Standard No. 115. These questions will be answered in the order posed in your letter.; Q-1. The term 'line' is defined in S34 of the standard to mean 'a nam which a manufacturer applies to a family of vehicles within a make which have a degree of commonality in construction, such as body, chassis or cab type'. You are correct in saying that 'B210' is a Datsun 'line.'; Q-2. You ask whether it is necessary in designating a vehicle 'line' t distinguish between independent and rigid axle systems within the same model of vehicle. The answer to your question is no. It is not necessary to make this distinction. In your example, either Case 1 or Case 2 would be correct.; Q-3. You ask whether it is necessary in designating a vehicle 'line' t distinguish between different lengths of wheel base within the same family of vehicles. Again, the answer to your question is no. In your example, either Case 1 or Case 2 would be correct.; Q-4. You ask whether it is necessary in designating vehicle 'body type to distinguish between a 2-door vehicle and a 4-door vehicle. It is necessary to make this distinction.; Q-5. You also ask whether it is necessary in designating vehicle 'bod type' to distinguish between a sedan and a hardtop. It is not necessary to make this distinction.; Q-6 You ask whether it would be necessary in designating a vehicl 'series' to distinguish between a Datsun 810 with air conditioning and power steering and a Datsun 810 with these features. It is not necessary to make this distinction.; Q-7. You ask whether it would be necessary in designating a vehicl 'series' to distinguish between a Datsun B210 with a cigarette lighter and a Datsun B210 with out a cigarette lighter and with a less elegant interior. It is not necessary to make this distinction. A Datsun B210 with two doors would have a different 'body type' than a datsun B210 with four doors, however.; Q-8. You ask whether in designating vehicle 'engine type', you may us the same character (e.g., 'H') to designate different engines so long as they are within *different* 'lines', or whether you must use different characters for each engine type you manufacture.; The vehicle description section (VDS) of the VIN is used to describe group of vehicles with common characteristics. One of these characteristics is engine type. The VDS is a 'code word' which is translated as a whole into the appropriate specification. Each VDS is unique, and the use of a specific character in one VDS does not bar its use in another VDS, whether or not the meaning is the same or different. Consequently, 'HB210' can represent a Datsun B210 with an 85 CID displacement engine and 'HA100' can represent a DATSUM(sic) 510 with a 119 CID displacement engine. In your example, both Column 1 and column 2 would be permissible.; Q-9. you ask whether it is necessary to uniquely distinguish all engin types within a *make*, or whether it is sufficient to distinguish engine types within a line. As explained above, each vehicle descriptor section is unique. Consequently, you may use the same characters in more than one VDS provided the VDS can be translated into the specific engine type. In your example, either Column 1 or Column 2 would be permissible.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam4187OpenThomas A. Hacker, Technical Services Bureau, New York Department of Motor Vehicles, The Governor Nelson A. Rockefeller Empire State Plaza, Albany, NY 12228; Thomas A. Hacker Technical Services Bureau New York Department of Motor Vehicles The Governor Nelson A. Rockefeller Empire State Plaza Albany NY 12228; Dear Mr. Hacker: This is in response to your letter dated May 15, 1986, to Edward Glanc concerning the conversion of the speedometer/odometer from kilometers to miles per hour.; In 1972, Congress enacted Title IV of the Motor Vehicle Information an Cost Savings Act (the 'Act'), 15 U.S.C. SS 1981-1991, to establish certain safeguards for the protection of motor vehicle purchasers. Pursuant to the Act, the National Highway Traffic Safety Administration promulgated rules for the disclosure of odometer information, 49 C.F.R. Part 580. Neither the Act nor the regulations prohibit the use of an odometer which records in kilometers.; In replacing an odometer that registers kilometers with one tha registers miles, you should be aware of Federal Motor Vehicle Safety Standard (FMVSS) 101, 49 CFR S 571.101, which requires that if the odometer indicates kilometers, then 'KILOMETERS' or 'km' shall appear, otherwise no identification is required. Furthermore, FMVSS 101 requires that if the speedometer is graduated in miles per hour and in kilometers per hour, the identifying words or abbreviations shall be 'MPH and km/h' in any combination of upper and lower case letters.; The Act does prohibit an individual from disconnecting, resetting altering or causing to be disconnected, reset or altered the odometer 'with intent to change the number of miles indicated thereon' 15 U.S.C. S 1984. Moreover, it permits the service, repair and replacement of odometers, provided the mileage remains the same 15 U.S.C. S 1987. The National Highway Traffic Safety Administration interprets mileage to mean actual distance travelled regardless of whether that mileage is calculated in terms of miles or kilometers. While it is clear that this section was intended to accommodate repairs of odometers that are malfunctioning, I have determined that it may also be relied upon to lawfully replace odometers which register kilometers travelled with those that register miles travelled. You may, therefore, convert the odometer reading from kilometers to miles by multiplying the kilometer reading by .62.; Additionally, the Federal regulations provide for the inclusion of tw sets of certifications on the odometer disclosure statements which must be completed at the time the vehicle is transferred. Transferors who convert the odometers from kilometers to miles should check the first box of the first set which reads:; >>>I hereby certify that to the best of my knowledge the odomete reading as stated above reflects the actual mileage of the vehicle described below.<<<; Furthermore, these transferors should check the second box in th second set of certifications which reads:; >>>I hereby certify that the odometer was altered for repair o replacement purposes while in my possession, and that the mileage registered on the repaired or replacement odometer was identical to that before such service.<<<; I hope this opinion is helpful to you in your attempt to assist dealer in complying with the Federal odometer laws. If you have any further questions, do not hesitate to contact me.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3642OpenMr. Mike M. Simovich, Champ Corporation, El Monte, CA 91733; Mr. Mike M. Simovich Champ Corporation El Monte CA 91733; Dear Mr. Simovich: This is in response to your March 23, 1983, letter to Roger Fairchil of this office, regarding the applicability of Federal Motor Vehicle Safety Standard No. 115 (Vehicle Identification Number) to construction type forklift trucks. As you state in your letter, these vehicles are principally designed to operate on a construction site, such as by lifting building materials to upper levels in a building project. The trucks would apparently remain at construction sites for two to twelve months, then move to the next job site. Some models of the trucks have special equipment to facilitate being towed between job sites. While all models presumably could be driven between job sites, none are capable of achieving open highway speeds.; Standard 115 applies only to vehicles manufactured 'primarily for us on the public streets, roads, and highways.' NHTSA has interpreted this language to exclude mobile construction equipment which use the highways only to move between job sites and which typically spend extended periods of time at a single job site. In such cases, the on-highway use of the vehicle is merely incidental, not the primary purpose for which the vehicle was manufactured. Based on the information provided in your letter, your fork-lift trucks would therefore not be subject to Standard 115.; You should be aware that this interpretation applies only to Federa requirements, individual States may establish their own numbering requirements for vehicles outside this agency's jurisdiction (e.g., off-road vehicles). Thus, even though Federal requirements do not apply, it may be that State requirements do apply to your fork-lift trucks.; If you have further questions on this matter, please contact us. Sincerely, Frank Berndt, Chief Counsel |