NHTSA's Interpretation Files Search
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ID: aiam5270OpenMr. Herman Myburgh Executive Vice-President Allvan Corporation; Mr. Herman Myburgh Executive Vice-President Allvan Corporation; FAX 1-615-459-0289 Dear Mr. Myburgh: This responds to your FAX o November 8, 1993, asking for an interpretation of the conspicuity mounting height requirement of Standard No. 108 as it applies to your curtainsided trailer. You state that there are no retroreflective tapes that can be affixed to the curtain material itself and ask whether the conspicuity material may be placed on the frame rail. The answer is yes. As you note, in that location the material will be located within the range of mounting heights specified in recent amendments to Standard No. 108. For your information, submissions to the docket during the course of this rulemaking indicate that there are conspicuity materials that can be affixed to curtain materials. Some trailer manufacturers may prefer this avenue to compliance. Sincerely, John Womack Acting Chief Counsel; |
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ID: aiam0588OpenMr. J. Michael Hartstein, Vice President, Campact Corporation, 3807 Wilshire Boulevard, Los Angeles, CA 90010; Mr. J. Michael Hartstein Vice President Campact Corporation 3807 Wilshire Boulevard Los Angeles CA 90010; Dear Mr. Hartstein: This is in reply to your letter of December 29, 1971, concerning th use of glazing materials in the Kangaroo Camper which your company manufacturers (sic). You ask whether Motor Vehicle Safety Standard No. 205, 'Glazing Materials' (49 CFR S 571-205) applies to this item.; Because it is impossible for a person to ride in the Kangaroo campe while the vehicle is in motion, we would not consider this item to be a 'camper' within the meaning of Standard No. 205, and the standard does not apply to this product.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam0072OpenMr. E. C. Dix, Sales Manager, Bert's Truck Equipment, Inc., Highway 2, East Grand Forks, MN 56721; Mr. E. C. Dix Sales Manager Bert's Truck Equipment Inc. Highway 2 East Grand Forks MN 56721; Dear Mr. Dix: Thank you for your letter of April 18, 1968, in which you provide certification information, and presented extra axle modification problems.; Enclosed is a copy of the Federal Motor Vehicle Safety Standards wit chassis-cab information from the Federal Register.; Your certification of compliance concerns compliance of the vehicle a the time of your installation or modification. It does not extend to subsequent additions or modifications by others.; With respect to an old truck body mounted on a chassis-cab which i manufactured on or after January 1, 1968, you are required to bring the lighting into compliance. (See Federal Standard 108 applicable for January 1, 1968.(sic); With regard to lighting requirements for trucks, the corner lights, o side marker and clearance lamp requirements are also provided in the foregoing, enclosed standard.; Your letter is being referred to the engineers responsible fo standards preparation, and the information is appreciated.; Sincerely, Joseph R. O'Gorman, Acting Director, Office of Performanc Analysis, Motor Vehicle Safety Performance Service; |
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ID: aiam4898OpenMr. Garth C. Bates, Jr. Vice President Steward & Stevenson Services, Inc. P.O. Box 1637 Houston, Texas 77251-1637; Mr. Garth C. Bates Jr. Vice President Steward & Stevenson Services Inc. P.O. Box 1637 Houston Texas 77251-1637; "Dear Mr. Bates: This responds to your letter of July 12, 1991. In th letter, you ask whether the National Highway Traffic Safety Administration (NHTSA) has regulations concerning the construction or testing of compressed natural gas (CNG) automotive fuel tanks. I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. NHTSA is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the Safety Act) to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment nor endorse any commercial products. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. Standard No. 301, Fuel System Integrity, (49 CFR 571.301) specifies requirements for the integrity of motor vehicle fuel systems. However, that standard does not apply to vehicles that use only fuel with a boiling point below 32 degrees Fahrenheit. Since CNG has a boiling point well below this level, vehicles manufactured to be fueled only by CNG are not covered by the standard. You should be aware, however, that NHTSA recently discussed the possibility of establishing a fuel system integrity standard for vehicles using CNG in an Advance Notice of Proposed Rulemaking (ANPRM). The ANPRM was published in the Federal Register on October 12, 1990 (55 FR 41561). There are some requirements that are applicable to manufacturers of CNG automotive fuel tanks. Manufacturers of motor vehicle equipment are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. Section 102(4) of the Safety Act (15 U.S.C. 1391(4)) defines, in relevant part, the term 'motor vehicle equipment' as: any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle . . . Since your product would be manufactured for use as an automotive fuel tank, it would be considered 'motor vehicle equipment' within the meaning of the Safety Act. If either your company, as the equipment manufacturer, or this agency were to determine that your product contained a defect related to motor vehicle safety, your company would have to notify purchasers of the defect and remedy the problem free of charge to the purchasers. For your information, I am enclosing a copy of the ANPRM concerning possible fuel system integrity requirements for vehicles using CNG and an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. If you have any further questions, please contact John Rigby of this office at 202-366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosures"; |
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ID: aiam0567OpenMr. David G. Holden, President, Triple H Frame Company, Coffeyville, KS 67337; Mr. David G. Holden President Triple H Frame Company Coffeyville KS 67337; Dear Mr. Holden: This is in reply to your letter of December 1, 1971, stating that yo are an incomplete vehicle manufacturer, and asking for clarification of provisions of section 568.4 of Title 49, Code of Federal Regulations ('Vehicles Manufactured in Two or More Stages'), that refer to 'standards.' You indicated in a phone conversation of December 17, 1971, with Michael Peskoe of this office that you manufacture travel trailer and mobile home frames, which may be equipped by you with both tires and a trailer hitch before being sent to the subsequent manufacturer for completion.; The reference to 'standards' in S 568.4, as you were informed o December 17, is to the Motor Vehicle Safety Standards (49 CFR 571.101 *et seq*., formerly 571.21 *et seq*.) which apply to motor vehicles manufactured for sale in the United States. Copies of the standards, as you were also informed, may be purchased as indicated in the enclosed 'Notice of Publications Change.'; You stated on December 17 that you planned to include the statement o 568.4(a)(7)(iii) as part of your certification label. Based on the information you have provided, this choice appears to be consistent with the requirements of Part 568. This is because the only motor vehicle safety standard presently applicable to trailers and mobile homes is Standard No. 108, 'Lamps, Reflective Devices, and Associated Equipment.' It appears quite possible that conformance to this standard would not be substantially determined by the design of the incomplete vehicle you manufacture.; We are pleased to be of assistance. Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4877OpenMr. Stephen Mamakas AIR Inc. 1517 West 9 Street Brooklyn, NY 11204; Mr. Stephen Mamakas AIR Inc. 1517 West 9 Street Brooklyn NY 11204; "Dear Mr. Mamakas: This responds to your letter asking what Federa standards apply to the 'repair' of deployed air bags. I am pleased to have this opportunity to explain our laws and regulations to you. Section 103 of the National Traffic and Motor Vehicle Safety Act (the Safety Act, 15 U.S.C. 1392) authorizes this agency to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to issue Standard No. 208, Occupant Crash Protection (49 CFR 571.208). Standard No. 208 requires, among other things, that passenger cars provide automatic crash protection. Light trucks will also be required to provide automatic crash protection, beginning with the 1995 model year. Vehicles equipped with automatic crash protection protect their occupants by means that require no action by vehicle occupants. The compliance testing of vehicles to the requirement of Standard No. 208 is determined in a dynamic crash test. That is, a vehicle must comply with specified injury criteria (as measured on a test dummy) when tested by this agency in a 30 mph barrier crash test. The two types of automatic crash protection currently offered on new passenger cars are automatic safety belts (which help to assure belt use) and air bags (which supplement safety belts and offer some protection even when safety belts are not used). Automatic crash protection will save thousands of lives and prevent tens of thousands of serious injuries each year. Note that the automatic crash protection requirement applies to the performance of the vehicle as a whole, instead of setting requirements for the air bag as an individual item of equipment. This approach permits vehicle manufacturers to 'tune' the performance of the air bag to the crash pulse and other specific attributes of each of their vehicle models. However, this approach also means that the Federal standards do not specify specific performance attributes for air bags such as inflated dimensions, actuation time, and the like. Hence, there are no specific performance attributes with which repaired air bags must comply. The only Federal requirement that might affect your planned operation would be the 'render inoperative' prohibition in section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)). That section provides 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 ...' In this case, air bags are a 'device or element of design' installed in passenger cars in compliance with Standard No. 208. Hence, your repair business would violate Federal law if it were to remove, deploy, disable, or otherwise 'render inoperative' air bags installed in passenger cars. However, your letter gives no indication that your company intends to perform repairs or other operations on air bags that have not yet deployed. Instead, your letter asks only about performing repairs on air bags that have already deployed. Deployed air bags have been 'rendered inoperative' by the forces that caused deployment, not by anything a repair business does after that deployment. Thus, it seems unlikely that any repairs your company performs on deployed air bags would violate the 'render inoperative' section of Federal law. Although there is no Federal law prohibiting the sort of repairs you asked about, your planned 'repair' of deployed air bags gives rise to a host of safety concerns. You will need to contact the manufacturer of each vehicle on which you repair an air bag to learn the exact formula and amount of gas generant in the inflator canister for each air bag. This would be necessary to ensure that the 'repaired' air bag will inflate at the time and in the manner intended by the original manufacturer. Additionally, you will need to replace the crash sensors, the inflation mechanism, and other electronic parts. Again, you will need to contact the vehicle manufacturer to obtain specifications for the performance of these electronic components. You will also need to refold and lubricate the fabric of the air bag in the same manner as the original air bag. If you fail to exactly duplicate the equipment and procedures used in the original air bag, your company could significantly reduce or even eliminate the protection that would have been provided by the original air bag. This, in turn, could expose your company to substantial liability under State laws for such repairs. You may wish to consult a private attorney for more information in this regard. I hope this information is helpful. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam0137OpenMr. William O. Green, Jr., Payne, Barlow and Green, Attorneys-at-Law, 2496 Austell Road, Austell, GA 30001; Mr. William O. Green Jr. Payne Barlow and Green Attorneys-at-Law 2496 Austell Road Austell GA 30001; Dear Mr. Green: Thank you for your letter of January 23, 1969, to William Haddon, Jr. M.D., requesting information on Federal standards for child restraint devices.; I am enclosing a copy of Federal Motor Vehicle Safety Standard No. 209 Seat Belt Assemblies - Passenger Cars, Multipurpose Passenger Vehicles, Trucks and Buses' which includes requirements for a Type 3 seat belt assembly for persons weighing not more than 50 pounds and capable of sitting upright by themselves.; The technical requirements of the present standard No. 209 wer previously included in Standards for Seat Belts for Use in Motor Vehicles (15 CFR Part 9, 31 F.R. 11528)' which was incorporated by reference in the initial Standard No. 209. I am also enclosing copies of these previous documents.; We are in the process of developing a standard for child car seats an I am enclosing a copy of a recently issued Notice of Proposed Rule Making on this subject. It is important to note that this is only a *proposed* regulation and the requirements may be modified somewhat when the final rule is published. However, this proposed rule indicates those safety features which are considered to be important for a child car seat.; There are no other existing Federal standards on child restrain systems for use in motor vehicles.; Sincerely, Clue D. Ferguson, Director, Office of Standards o Crash-Injury Reduction, Motor Vehicle Safety Performance Service; |
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ID: aiam5335OpenMr. Adam A. Freund Manager, Testing Services Standards Testing Laboratories, Inc. Post Office Box 592 1845 Harsh Avenue, S.E. Massillon, OH 44648; Mr. Adam A. Freund Manager Testing Services Standards Testing Laboratories Inc. Post Office Box 592 1845 Harsh Avenue S.E. Massillon OH 44648; Dear Mr. Freund: This responds to your letter addressed to th attention of Walter Myers of my staff in which you asked whether Table II of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New pneumatic tires for vehicles other than passenger cars, contains certain errors. You pointed out in your letter that Table I of FMVSS 119 specifies a plunger diameter of 5/16 inch for motorcycles, and 3/4 inch for 12-inch or smaller rims other than motorcycles. Table II, on the other hand, leaves blank the plunger diameter space in the motorcycle column, but lists 5/16 inch plunger diameter in the 12-inch or smaller rim column. You indicated your belief that the inconsistency is due to a typographical error in those columns of Table II and asked us to confirm your interpretation. Your observation is correct. A November 13, 1973 rule adopting Tables I and II (38 FR 31299) (copy enclosed) specifies the 5/16-inch diameter plunger for motorcycle tires, and the 3/4-inch diameter plunger for 12-inch or smaller tires and 17.5-inch or smaller light truck tubeless tires. Accordingly, the plunger diameter for the motorcycle column in Table II should read 5/16. Similarly, the 12-inch or smaller column in the current Table II is in error in specifying a plunger diameter of 5/16 inch. The correct plunger diameter for that column in Table II should be 3/4 inch to correspond with the plunger diameter specified for 12-inch or smaller rims in Table I. Thank you for bringing this error to our attention. The agency will issue a correction to avoid any further confusion. Sincerely, John Womack Acting Chief Counsel; |
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ID: aiam1376OpenHonorable Charles H. Percy, United States Senate, Washington, D.C. 20015; Honorable Charles H. Percy United States Senate Washington D.C. 20015; Dear Senator Percy: This is in reply to your communication of January 3, 1974, forwardin to us correspondence dated November 29, 1973, from Mr. Bruce Motyka of Des Plaines. Mr. Motyka requests information regarding laws relating to pickup trucks and camper weight limits, laws or studies relating to the sale of trucks exceeding GVW (Gross Vehicle Weight) rate minimums, and regulations or studies regarding maximum weights for tires.; The NHTSA has issued regulations relating to the installation o campers onto pickup trucks. Motor Vehicle Safety Standard No. 126 'Truck camper loading' (49 CFR S571.126) requires each camper to bear a permanent label containing information on its maximum loaded weight. The standard also requires each camper to be furnished with an owner's manual that contains information on total camper weight, the selection of an appropriate pickup truck, appropriate methods of camper loading, how to determine the camper's center of gravity and where it should be placed on the truck cargo area. A companion 'Consumer Information' regulation, 'Truck camper loading' (49 CFR S575.103) requires that written information be provided at the sale of each truck capable of being equipped with a slide-in camper that deals with the correct installation of a slide-in camper in that vehicle. This information is also required to be available in dealers' showrooms for retention by prospective purchasers of such trucks.; Other NHTSA regulation (49 CFR Part 567, 'Certification') require ever motor vehicle, including pickup trucks, to be labeled usually on the driver's door or door jam, with its gross vehicle weight rating, and the gross axle weight rating for each axle. Each of these ratings is intended to be based on the weight of a fully loaded vehicle, as determined by the vehicle's manufacturer. While it is possible for manufacturers to be incorrectly rate vehicles, and thus be in noncompliance with the regulations, we have not found this practice to occur in the case of pickup trucks.; There are also Federal requirements requiring motor vehicle tires t carry a load rating. Motor Vehicle Safety Standard No. 109 applies to passenger car tires and has been in effect since January 1, 1968. Motor Vehicle Safety Standard No. 119 applies to tires for all other types of motor vehicles (trucks, trailers, buses, motorcycles, and multipurpose passeng r(sic) vehicles) and will become effective September 1, 1974. This agency has conducted a study of the overloading of tires on recreational vehicles, and information regarding this study as well as copies of the safety requirements referred to above are enclosed.; We did not receive Mr. Motyka's earlier letter to us. As his question are of a general nature we have provided him with general answers. If his questions involved a particular problem we would be happy to provide further assistance.; Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam4174OpenMs. Ann Boriskie, 6738 Firelight Lane, Dallas, TX 75248; Ms. Ann Boriskie 6738 Firelight Lane Dallas TX 75248; Dear Ms. Boriskie: Thank you for your letter of June 2, 1986, asking for approval of device you have invented which is designed to prevent children from inadvertently or intentionally opening the buckle of a safety belt. As you requested, the agency will not disclose the details of your proprietary product. Although we understand your concern that young children should not be able to easily get out of a safety belt, we have significant reservations about your product. I hope the following discussion explains those reservations and the effect of our regulations on your product.; Our agency has the authority to issue safety standards applicable t new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.; Although we do not have any standards that directly apply to you product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your product are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. The agency does not determine the existence of safety defects except in the context of a defect proceeding, and thus is unable to say whether your product might or might not contain such a defect. However, the agency has reservations about your product because of our concern that people be able to easily and quickly operate a safety belt in an emergency. As the agency said last year on the related topic of the force level necessary to operate buckles in child restraints:; >>>The agency's safety concerns over child restraint buckle forc release and size stem from the need for convenient buckling and unbuckling of a child and, in emergencies, to quickly remove the child from the restraint. This latter situation can occur in instances of post-crash fires, immersions, etc. A restraint that is difficult to disengage, due to the need for excessive buckle pressure or difficulty in operating the release mechanism because of a very small release button, can unnecessarily endanger the child in the restraint and the adult attempting to release the child. (50 FR 33722, August 21, 1985).<<<; Your product could significantly increase the difficulty of using th buckle release and thus hinder a person attempting to release the belt in an emergency.; In addition, use of your product can be affected by sectio 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. One requirement of Standard No. 209, *Seat Belt Assemblies*, is that the pushbutton release for a safety belt must have a minimum area for applying the release force. Installation of your device by a commercial business could be prohibited since it apparently would substantially reduce the minimum area available for applying the release force to the safety belt pushbutton. In addition, Standard No. 302, *Flammability of Interior Materials*, requires new safety belts to meet a flammability resistance requirement. Thus, although Standard No. 302 does not directly apply to aftermarket equipment, commercial businesses could not install your device if it would mean that the safety belt no longer met the flammability resistance requirements of Standard No. 302.; The prohibition of section 108(a)(2(A) (sic) does not apply t individual vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, our policy is to encourage vehicle owners not to remove or otherwise tamper with vehicle safety equipment. Installation of your product by any person could be inconsistent with that policy.; I am returning, under separate cover, the samples of your device tha you sent the agency. If you have any further questions, please let me know.; Sincerely, Erika Z. Jones, Chief Counsel |