Interpretation ID: nht88-1.12

TYPE: INTERPRETATION-NHTSA

DATE: 01/07/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Koji Tokunaga -- Manager, Engineering, Isuzu Motors America, Inc.

TITLE: FMVSS INTERPRETATION

ATTACHMT: 5/6/91 letter from John Mayeda to NHTSA (OCC6034); 7/1/91 letter from Paul J. Rice to John Mayeda (A38; Std. 101); 6/4/87 letter from Erika Z. Jones to Robert J. Heath; 9/21/89 letter from Stephen P. Wood to Jim Bowen

TEXT:

Mr. Koji Tokunaga Manager, Engineering Isuzu Motors America, Inc. 21415 Civic Center Drive Southfield, MI 48076-3969

This responds to your letter asking about Federal Motor Vehicle Safety Standard No. 101, Controls and Displays, as amended by a final rule published in the FEDERAL REGISTER (52 FR 3244) on February 3, 1987. We apologize for the delay in our response. You described a proposed design for a radio and asked whether the requirements of section @5.a.s would apply to the source of illumination for the radio and, if so, whether your design would meet those requirements. The following represents our opinion base d on the facts provided in your letter.

As discussed below, the requirements of section @5.3.5 would apply to the source of illumination for your planned radio. Your current design would meet the requirements of that section. You described your planned radio as follows:

In the case of the radio to be installed on our vehicle, radio display is automatically illuminated when radio switch is turned "on." Likewise, when the switch is turned "off,' this display is automatically extinguished. This illumination is a single int ensity, but the intensity is not "barely discernible to a driver who has adapted to dark ambient roadway conditions."

The current language of section @5.3.5, which reflects an amendment made by a final rule published in the FEDERAL REGISTER (52 FR 33416) on September 3, 1987, is as follows:

@5.3.5 Any source of illumination within the passenger compartment which is forward of a transverse vertical plane 4.35 inch (110.6 mm) reward of the manikin "H" point with the driver's seat in its rearmost driving position, which is not used for the con trols and displays regulated by this standard, which is not a telltale, and which is capable of being illuminated while the vehicle is in motion, shall have either (1) light intensity which is manually or automatically adjustable to provide at least two levels of brightness, (2) a single intensity that is barely discernible to a driver who has adapted to dark ambient roadway conditions, or (3) a means of being turned off. This requirement does not apply to buses that are normally operated with the passe nger compartment illuminated.

The first issue raised by your letter is whether section @5.3.5 would apply to your proposed design. The answer to that question is yes. You suggested that the section might not apply, since "display illumination turns 'on' or 'off' simultaneously with t he 'on' or 'off' operation of radio switch irrespective of vehicle motion." However, section @5.3.5's limitation of applicability to sources of illumination which are "capable of being illuminated while the vehicle is in motion" does not refer to illumin ations which are provided only when the vehicle is in motion but instead incorporates all sources of illumination which are "capable" of being illuminated while the vehicle is in motion.

The second issue raised by your letter is whether your proposed design meets the requirements of section @5.3.5. You suggested that the "off" switch of the radio would be "a means of being turned off," under that section. We agree with your suggested int erpretation. Section @5.a.5 requires that the "source of illumination" have either (1) light intensity which is manually or automatically adjustable to provide at "least two levels of brightness, (2) a single intensity that is barely discernible to a dri ver who has adapted to dark ambient roadway conditions, or (3) a means of being turned off. As discussed in the preamble to the February 3, 1987 final rule, the purpose of providing section @5.3.5's three options was to meet concerns raised by commenters , while maintaining essential limits on glare. Although a driver may use the radio while driving at night, he or she will have the means to remove the radio as a source of glare by turning the radio off. In our view, this meets section @5.3.5's third opt ion. Sincerely,

Erika Z. Jones Chief Counsel

Ms. Erika Z. Jones Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590

Dear Ms. Jones:

The purpose of this letter is to seek the interpretation of the NHTSA authorities on the FMVSS 101 Controls and Displays amended in the Federal Register dated February 3, 1987.

In the case of the radio to be installed on our vehicle, radio display is automatically illuminated when radio switch is turned "on." Likewise, when the switch is turned "off," this display is automatically extinguished. This illumination is a single int ensity, but the intensity is not "barely discernible to a driver who has adapted to dark ambient roadway conditions."

1. Said Federal Register states that new section @5.3.5 applied only to those sources of illumination which are capable of being illuminated while the vehicle is in motion. For above radio, display illumination turns "on" or "off" simultaneously with the "on" or "off" operation of radio switch irrespective of vehicle motion. Therefore, we think this section is not applicable to our case. Is our opinion correct?

2. If @5.3.5 should apply to the illumination of above radio, we think the "off" switch of the radio corresponds to "a means of being turned off" stated in the section. That is, the "on" or "off" switch of this radio is not the switch which controls only the illumination of the radio display, but we think it is a means of turning off the illumination source stated in this section. Is our opinion correct? We would high appreciate your prompt reply.

Sincerely yours,

Koji Tokunaga Manager, Engineering

jh

pc: Mr. Fukuhara, Isuzu Motors, Japan