Interpretation ID: nht79-2.6

DATE: 08/30/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Alfa Romeo

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your request for written confirmation of statements made by Mr. Ralph Hitchcock of the National Highway Traffic Safety Administration during a meeting with your representative, Mr. Bernstein. That meeting concerned the requirements of Safety Standard No. 208 and Safety Standard No. 216 as they apply to convertibles. The discussion below follows sections "I" and "V" of the transcript enclosed in your letter, which involve legal questions.

(I.) Convertibles, like all other passenger cars, must comply with the automatic restraint requirements of Safety Standard No. 208 beginning in 1981, 1982 or 1983, depending on vehicle wheelbase size. This means that convertibles will have to meet the frontal crash protection requirements of S5.1 by means that require no action by vehicle occupants and, either meet the lateral and roll-over requirements of S5.2 and S5.3 by means that require no action by vehicle occupants or, at the option of the manufacturer, have a Type I or Type II seat belt assembly at each front designated seating position (and meet the frontal requirements of S5.1 with these belts fastened around the test dummies).

In the second part of your first question, you asked whether a convertible may meet the requirements of Safety Standard No. 216, Roof Crush Resistance, as an optional means of complying with the roll-over requirements of Standard No. 208. The answer to your question is yes. Convertibles are not required to meet the requirements of Standard No. 216 but may do so, at the option of the manufacturer, as an alternative to meeting the automatic roll-over requirements of Standard No. 208. Please note that compliance with Standard No. 216 would not excuse convertibles from compliance with the automatic lateral protection requirements of Standard No. 208. As stated above, however, installation of a lap belt at front designated seating positions would excuse all passenger cars from both the lateral and the roll-over requirements. Therefore, a convertible that meets the frontal crash protection requirements of the standard by means that require no action by vehicle occupants and that also has lap belts installed, does not have to meet the requirements of Standard No. 216. I am enclosing a letter of interpretation that was issued last year which discusses the relationship between Safety Standard No. 208 and Safety Standard No. 216, in light of the automatic restraint requirements.

In the final part of your first question, you asked whether you could manufacture convertibles with fold-down tops, removable tops or removable hard-tops that would comply with Safety Standard No. 216, as an optional means of complying with the roll-over requirements of Safety Standard No. 208. The answer to this question is also yes. While our regulations do not include a formal definition of "convertible," the agency has stated that it considers a convertible to be a vehicle whose "A" pillar or windshield peripheral support is not joined with the "B" pillar (or rear roof support rearward of the "B" pillar position) or by a fixed, rigid structural member. Therefore, if any of the vehicle designs you mentioned meet this criteria and also comply with Safety Standard No. 216, they would not be required to comply with the roll-over requirements of Safety Standard No. 208.

(V.) Section V of your transcript includes a discussion of the growing aftermarket convertible industry (removing hard-tops from vehicles) and the increasing number of kit-car convertibles. You asked about the legal requirements for these vehicles. Any new vehicle that is manufactured or assembled from a kit-car must comply with all applicable Federal motor vehicle safety standards and regulations. Likewise, a person who alters a new vehicle prior to its first purchase in good faith for purposes other than resale (by converting a hard-top vehicle to a convertible, for example) is required to place an additional lable on the vehicle certifying that, as altered, the vehicle remains in compliance with all applicable safety standards. This means that all of these vehicles would have to be in complaince with the automatic restraint requirements of Safety Standard No. 208 (after those requirements become effective). Mr. Hitchcock's statement that removing the top of a vehicle that is in compliance with Safety Standard No. 216 would be prohibited by Federal law is incorrect. Section 108(a) (2) (A) of the National Traffic and Motor Vehicle Safety Act, as amended 1974, does provide that no manufacturer, dealer, distributor or motor vehicle repair business may knowingly render inoperative any device or element of design installed in compliance with a Federal motor vehicle safety standard, and this is the law that Mr. Hitchcock referred to. The agency has stated in the past, however, that conversion of one vehicle type to another vehicle type (e.g., hard-top to convertible) does not violate this provision, as long as the converted vehicle complies with all safety standards that would have been applicable to it if it had originally been manufactured as the new type. Therefore, removal of a passenger car's hard-top does not render inoperative the vehicle's compliance with Standard No. 216 since a new convertible would not have been required to comply with that standard.

I hope this letter has responded fully to the legal questions raised in your discussions with Mr. Hitchcock. If you have any further questions, please contact Hugh Oates of my office (202-426-2992).

SINCERELY,

July 3, 1979

Ralph J. Hitchcock Office of Vehicle Safety Standards National Highway Traffic Safety Administration U.S. Department of Transportation

Dear Mr. Hitchcock:

This letter is in reference to the meeting concerning F.M.V.S.S. 208 between you and Mr. Bernstein of this office on Monday, July 2, 1979.

I do appreciate the opportunity of having our representative meet with you and thank you for clearing up some vague areas of the regulations concerning convertibles.

We are following your advice and have made a transcription of the discussion which is enclosed for your review. Following your review, we would like the office of General Counsel to review it so that we may get a written confirmation (or clarification of misconceptions) by both the N.H.T.S.A. Engineering and Legal staffs concerning these issues.

D. Black

Manager

U.S. Engineering Office -- ALFA ROMEO, INC.

ENCLS.

CC: ING. LANDSBERG; ING. TOBIA; ING. SURACE; DOTT. BOZZI

OFFICE OF VEHICLE SAFETY STANDARDS AND HENRY BERNSTEIN OF ALFA ROMEO ON JULY 2, 1979 CONCERNING:

FMVSS 208 - OCCUPANT CRASH PROTECTION

FMVSS 216 - ROOF CRUSH RESISTANCE

AS RELATED TO OPEN BODY OR CONVERTIBLE TYPE VEHICLES

I. INTRODUCTION & QUESTIONS

Introduction:

Alfa Romeo is a very old company dating back to 1909; practically to the beginning of automobile development. Alfa Romeo has always built vehicles which are out of the ordinary in both engineering, style and performance. This is a heritage that we wish to preserve and continue into the future. We have always strived for excellence in our product and always will. We realize the need for safety standards and wish to comply with all applicable standards in effect for present and future model years, however, we are concerned over and a little confused about the requirements of open body vehicles (convertibles) as related to the occupant crash protection requirements of FMVSS 208 and it is this reason for which I come to Washington to meet with you with hopes of clarification of our questions in this area. Questions & Answers: Mr. Bernstein question: (I) Is it true that even convertibles must meet the requirements of FMVSS 208 as follows: a) meet the frontal crash protection require- ments (S5.1) by means that require no action by occupants (passive)? Mr. Hitchcock answer: yes Mr. Bernstein question: b) and either meet the lateral crash require- ments of S5.2 and the rollover requirements of S5.3 passively? Mr. Hitchcock answer: No (see 2) Mr. Bernstein question: c) or at each front designated seating position have a Type I seat belt or a Type II seat belt conforming to FMVSS 209 (seatbelts) and meet the requirements of S5.1 (labelling) in addition to passive? Mr. Hitchcock answer: Yes Mr. Bernstein question: (2) May we as optional compliance with the standard (208) as an alternative to the rollover require- ments of FMVSS 208 show compliance with the requirements of roof crush resistance FMVSS 216? Mr. Hitchcock answer: According to Mr. Hitchcock, a recent amendment to FMVSS 208 (Dec. 5, 1977, 42 FR 61466) was the addition lap belts as an alternative to meeting lateral and rollover passively (S4.1.3) and that 216 would no longer be applicable. (This is "relief" for convertibles in his opinion).

In other words, we do have to meet the frontal requirements passively (belts or bags) and also provide lap belts and that neither roof crush or rollover compliance were necessary.

Hitchcock said he believes his interpretation is correct, but suggests that I write a report with these specific points and questions outline , which would be reviewed by the legal staff as well as the engineering staff. As a result , upon receipt of your comments and questions, a copy of this report will be forwarded to Mr.

Hitchcock so it may be reviewed and confirmed in writing by N.H.T.S.A.

We also discussed 216 as an alternative /optional compliance to rollover in 208 and I asked the following: Mr. Bernstein question: (3) May we design and produce a fold down convertible a) top which will meet 216? Mr. Hitchcock answer: OK Mr. Bernstein question: b) May we design and produce a removeable convertible top which will meet 216?

c) What about a removeable hard top which will when installed meet 216? Mr. Hitchcock answer: No need to comply but Mr. Hitchcock gave the following remarks concerning above questions b) and c). This area is not specifically covered in the regulations due to lack of proper definitions of "convertible top", "soft top", "hard top", etc.

The advise given was if we specifically wanted a review and confirmation concerning particular items such as these, that we should make specific Mr. Hitchcock answer: written presumptions about these subjects requesting definitions and concurrence with our views. This is the only way we may get documented proof of N.H.T.S.A.'s concurrence or non-concurrence with our views.

II. BACKGROUND

I discussed the importance of Spider sales to our company including past sales performance and future projections for which Mr. Hitchcock understood Alfa Romeo's concern in this area. Our Spider model is currently our largest selling model as indicated by both past and present sales figures and projections for the future as follows*: Future projections: 1980: 3,500 or 46.7% of projected sales total 1981: 4,500 or 41% of projected sales total 1982: 4,500 or 45% of projected sales total 1983: 5,000 or 41% of projected sales total 1984: 13,000 or 81% of projected sales total 1985: 14,500 or 73% of projected sales total 1986: 16,000 or 67% of projected sales total

Future projections: 1980: 3500 of 7,500 1981: 4500 of 11,000 1982 4500 of 10,000 1983: 5300 of 13,000 1984: 13000 of 16,000 1985: 14000 of 20,000 1986: 16,000 of 24,000

So therefore, Mr. Hitchcock, you can see our deep concern for saving this vehicle and promoting it well into the 1980's and beyond into the '90's.

* please refer to sales comparison graph and raw data (attached) for U.S. Spider (Illegible word) history from 1961 to 1978.

III. PROBLEMS INVOLVED/CONVERSION, ETC.

Commercially:

We wish to keep a convertible; it is a "disappering breed"; people still want this type of car. Detroit cannot justify production of convertibles anymore. We wish to be different than others (as we always have been) and provide our customers with a true convertible for which there is a great demand. We don't want to compromise by adding targa roofs, moon roofs, "T" tops, etc. as many maufacturers have already done and will do in the future.

At this point, we discussed briefly some other "convertibles" incorporating the systems mentioned above, and I also showed Mr. Hitchcock some brochures, newspaper and magazine clippings on the subject.

We discussed also passive limitations. Technically:

Air bags are impossible due to cost considerations, size, and a complete lack of European suppliers. U.S. suppliers aren't interested in our small numbers. We could do it if we did not care about cost and had a supplier.

Belts: passive belts (VW/Chevette type) are impossible due to lack of "B" pillar and lack of door frame to anchor belt to.

Roll bar: the producer, Pininfarina, is on contract to ARI at a certain. price. They say the present structure does not allow for adaption of a roll bar. Very difficult if not impossible when taking into consideration the desire to provide a folding soft top assembly.

Targa roof/door frames: roof rails would not be a convertible and buyers would agree.

Mr. Hitchock recommended "Development of Specifications for Passive Belt Systems by Man Factors, Inc." (DOT-HS-800-809) for some other passive ideas. I have already ordered a copy for Alfa Romeo.

IV. LEGALITIES "RULING OUT" CONVERTIBLES, ETC. (reference 1966 Safety Act)

When we discussed the 1966 Safety Act statement concerning "safety standards which are appropriate for the particular type of vehicle for which it was prescribed and that safety standards should not rule out a class of vehicle" (FR 1392 (f)(3), Mr. Hitchcock noted that convertibles are not ruled out as a class of vehicle and that many presume that they are due to a lack of total understanding of the regulations.

V. AFTERMARKET MANUFACTURERS, ETC.

Mr. Bernstein question: What alarms me is the ever growing aftermarket convertible industry. Conversion shops, etc. are turning out and selling convertibles in large quantities to meet the demand. Replicar manufacturers are constantly increasing their sales and new companies are being born overnight due to the fact that most are convertibles which are in such great demand. Also, many "kit cars" are becoming prominent on the market, most of which are also convertibles. Is there no relief to us, a manufacturer who imports far less convertibles than these operations sell here?

Mr. Hitchcock answer: Concerning the aftermarket manufacturers, Mr. Hitchcock explained that they will also be responsible for compliance due to the fact that rendering a safety device or system inoperative is prohibited by law and that "chopping" a roof off a vehicle would probably violate this requirement. Naturally, enforcement is an area requirement. Naturally, enforcement is an area in which these operations may be safe for now due to manpower limitations and other priorities.

VI. ECONOMICS, EXEMPTIONS, AMENDMENTS

Mr. Bernstein question: What about petitions, exemptions, etc.?

Mr. Hitchcock answer: If economics are a problem, we may be able to petition and that we may also petition for an amendment to the standard for convertibles. This amendment would not be for Alfa Romeo vehicles exclusively, but for convertibles in general.

NOTE: Apparently, a current Chrysler petition is in the docket with a petition for amendment concerning a similar situation as related to hard top vehicles with no "B" pillar. Chrysler must comply in 1982 >114" wheelbase.

VII. RECOMMENDED FOLLOW UP ACTION

A written report as outlined in this report for review and written reply by N.H.T.S.A.

Henry E. Bernstein

Attachments 7.3.79 BREAKDOWN OF GRAPH DATA BODY STYLE SPIDER COUPE SEDAN YEAR 1961 349 38 0 1962 572 165 12 1963 608 73 1 1964 799 169 0 1965 832 729 5 1966 658 747 1 1967 804 747 1 1968 426 487 0 1969 1199 671 690 1970 887 352 313 1971 1218 899 435 1972 935 866 546 1973 163 863 732 1974 1703 1565 844 1975 3089 2072 1082 1976 2503 1685 1139 1977 1993 2162 1265 1978 3562 1663 912 TOTAL: 22,300 15,953 7,978 % OF SALES 48.2% 34.5% 17.3%

GRAND TOTAL = 46,321 = 100%

(Graphics omitted) (Illeg.) 1978 1979 1980 1981 1982 1983 1984 1985 (Illeg.) TOTAL 73 = 1758 74 = 4112 75 = 6243 802 76 = 5329 (Illeg.) 110 77 = 5420 (Illeg.) 1663 78 = 6139 3562 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 TOTAL 73 = 1758 74 = 4112 Retails 75 = 6243 Sedan 802 76 = 5327 Automatic 110 77 = 5420 Sprint Veloce 1663 78 = 6137 (Illeg.) 700 981 1265 (Illeg.) GT 635 1254 2119 844 382 158 43 1565 1437 431 1703 3089 2503 1993 3562

(Graphics omitted)