ID: 1703y

Ms. Theresa Rooney
Alpine Electronics of America, Inc.
l00 North Centre Avenue
Rockville Centre, NY ll570

Dear Ms. Rooney:

This responds to your letter requesting an interpretation of Federal Motor Vehicle Safety Standard No. l0l, Controls and Displays. We apologize for the delay in our response. You stated that it is your understanding that any car sound system which is factory installed must have light intensities that have two values, a higher one for day and a lower one for night; that these two light intensities do not have to be variable; and that any color may be used to illuminate the system. You asked for confirmation of this understanding. As discussed below, Standard No. l0l's requirements in this area are somewhat more flexible than suggested by your letter.

By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its motor vehicles or equipment comply with applicable safety standards. The following represents our opinion based on the facts provided in your letter.

The requirements of Standard No. l0l that are relevant to car sound systems are set forth in section S5.3.5. That section states:

S5.3.5 Any source of illumination within the passenger compartment which is forward of a transverse vertical plane 4.35 inch (ll0.6 mm) rearward of the manikin "H" point with the driver's seat in its rearmost driving position, which is not used for the controls 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 (l) 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 passenger compartment illuminated.

With respect to car sound systems, section S5.3.5's requirements can be summarized as follows. First, the requirements generally apply to any car sound system that is installed in a motor vehicle before its first sale to a consumer and that includes a source of illumination which is forward of the driver. Second, the section requires that any such source of illumination have either (l) 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. No color requirements are specified for the source of illumination of a car sound system.

I would note that, at the option of the manufacturer, motor vehicles manufactured before September l, l989, may comply with the requirements of Standard No. l00 instead of the requirements of Standard No. l0l. This provision is of relevance for some, but not all, car sound systems, and only for vehicles manufactured before September l, l989. If you desire further information about this provision, please contact us.

Sincerely,

Erika Z. Jones Chief Counsel

/ref:101 d:3/7/89

ID: 2069y

Mr. Jim Bowen
Vice President of Quality, Service and Parts
Gulf Stream Coach, Inc.
P.O. Box l005
Nappanee, IN 46550

Dear Mr. Bowen:

This responds to your letter concerning the installation of a television receiver in view of the driver of a vehicle. You asked whether the television is required to be off, when the ignition switch is turned on. I regret the delay in responding. Your question is responded to below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles and equipment meet applicable standards. The following represents our opinion based on the facts provided in your letter.

I have enclosed a copy of a June 4, l987 letter, addressed to Panasonic, which discusses a number of issues relating to the installation of television receivers in motor vehicles. The letter notes that NHTSA does not have any safety standards specifically covering television receivers. The letter also explains that is possible that the installation of a television receiver could affect the compliance of a vehicle with some safety standards.

With respect to your specific question concerning whether a television receiver installed in view of the driver of a vehicle is required to be off when the ignition is turned on, I would like to draw your attention to one requirement of Standard No. l0l, Controls and Displays. Section S5.3.5 of that standard reads as follows:

Any source of illumination within the passenger compartment which is forward of a transverse vertical plane 4.35 inch (ll0.6 mm) rearward of the manikin "H" point with the driver's seat in its rearmost driving position, which is not used for the controls 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 (l) 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 passenger compartment illuminated.

The purpose of this requirement is to prevent glare visible to the driver. If a television receiver installed in view of the driver is capable of operation while the vehicle is in motion, it would be subject to this requirement.

While NHTSA does not have any safety standards specifically covering television receivers, the installation of a television receiver in view of the driver which is capable of operation while the vehicle is in motion would raise obvious safety concerns related to possible driver distraction. If you are considering such installation, we recommend that you carefully evaluate the safety implications of such action.

Finally, I note that state laws may cover the installation of television receivers in motor vehicles. The American Association of Motor Vehicle Administrators may be able to provide information on that issue. Its address is: 4200 Wilson Boulevard, Suite 600, Arlington, Virginia 22203.

Sincerely,

Stephen P. Wood Acting Chief Counsel

ref:l0l d:9/2l/89

ID: nht89-3.1

TYPE: INTERPRETATION-NHTSA

DATE: SEPTEMBER 21, 1989

FROM: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TO: JIM BOWEN -- VICE PRESIDENT OF QUALITY, SERVICE AND PARTS, GULF STREAM COACH, INC.

TITLE: N

ATTACHMT: LETTER DATED APRIL 20, 1989 TO OFFICE OF CHIEF COUNSEL FROM JIM BOWEN, GULF STREAM COACH, INC. ATTACHED.

TEXT: This responds to your letter concerning the installation of a television receiver in view of the driver of a vehicle. You asked whether the television is required to be off, when the ignition switch is turned on. I regret the delay in responding. Your question is responded to below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of th e manufacturer to ensure that its vehicles and equipment meet applicable standards. The following represents our opinion based on the facts provided in your letter.

I have enclosed a copy of a June 4, 1987 letter, addressed to Panasonic, which discusses a number of issues relating to the installation of television receivers in motor vehicles. The letter notes that NHTSA does not have any safety standards specifical ly covering television receivers. The letter also explains that is possible that the installation of a television receiver could affect the compliance of a vehicle with some safety standards.

With respect to your specific question concerning whether a television receiver installed in view of the driver of a vehicle is required to be off when the ignition is turned on, I would like to draw your attention to one requirement of Standard No. 101, Controls and Displays. Section S5.3.5 of that standard reads as follows:

Any source of illumination within the passenger compartment which is forward of a transverse vertical plane 4.35 inch (110.6 mm) rearward of the manikin "H" point with the driver's seat in its rearmost driving position, which is not used for the controls 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 pr ovide 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 n ormally operated with the passenger compartment illuminated.

The purpose of this requirement is to prevent glare visible to the

driver. If a television receiver installed in view of the driver is capable of operation while the vehicle is in motion, it would be subject to this requirement.

While NHTSA does not have any safety standards specifically covering television receivers, the installation of a television receiver in view of the driver which is capable of operation while the vehicle is in motion would raise obvious safety concerns re lated to possible driver distraction. If you are considering such installation, we recommend that you carefully evaluate the safety implications of such action.

Finally, I note that state laws may cover the installation of television receivers in motor vehicles. The American Association of Motor Vehicle Administrators may be able to provide information on that issue. Its address is: 4200 Wilson Boulevard, Sui te 600, Arlington, Virginia 22203.

Sincerely,

ID: 2638o

Mr. Koji Tokunaga
Manager, Engineering
Isuzu Motors America, Inc.
2l4l5 Civic Center Drive
Southfield, MI 48076-3969

Dear Mr. Tokunaga:

This responds to your letter asking about Federal Motor Vehicle Safety Standard No. l0l, Controls and Displays, as amended by a final rule published in the FEDERAL REGISTER (52 FR 3244) on February 3, l987. We apologize for the delay in our response. You described a proposed design for a radio and asked whether the requirements of section S5.3.5 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 based on the facts provided in your letter.

As discussed below, the requirements of section S5.3.5 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 intensity, but the intensity is not "barely discernible to a driver who has adapted to dark ambient roadway conditions."

The current language of section S5.3.5, which reflects an amendment made by a final rule published in the FEDERAL REGISTER (52 FR 334l6) on September 3, l987, is as follows:

S5.3.5 Any source of illumination within the passenger compartment which is forward of a transverse vertical plane 4.35 inch (ll0.6 mm) rearward of the manikin "H" point with the driver's seat in its rearmost driving position, which is not used for the controls 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 (l) 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 passenger compartment illuminated.

The first issue raised by your letter is whether section S5.3.5 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 the 'on' or 'off' operation of radio switch irrespective of vehicle motion." However, section S5.3.5's limitation of applicability to sources of illumination which are "capable of being illuminated while the vehicle is in motion" does not refer to illuminations 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 S5.3.5. 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 interpretation. Section S5.3.5 requires that the "source of illumination" have either (l) 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. As discussed in the preamble to the February 3, l987 final rule, the purpose of providing section S5.3.5'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 S5.3.5's third option.

Sincerely,

Erika Z. Jones Chief Counsel ref:101 d:1/7/88

ID: nht88-4.14

TYPE: INTERPRETATION-NHTSA

DATE: 11/23/88

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: ANDREW E. WOOLNER -- GENERAL MANAGER AUST IN ROVER U.S. LIAISON OFFICE

TITLE: NONE

ATTACHMT: LETTER DATED 10/07/87 FROM ANDREW E WOOLNER TO ERIKA JONES; RE INTERPRETATION OF FMVSS NO. 101, CONTROLS AND DISPLAYS, SECTION S 5.3.5

TEXT: Dear Mr. Woolner:

This responds to your letter requesting an interpretation of Federal Motor Vehicle Safety Standard No. 101, Controls and Displays. You asked about the illumination requirements applicable to a trip computer display. According to your letter, the trip c omputer display is provided in addition to a fuel gauge and a speedometer/odometer. The trip computer is able, among other functions, to display supplemental information concerning fuel consumption, fuel used, average speed, trip distance and distance t o arrival. As discussed below, this letter confirms your understanding that illumination is not required for the trip computer display, but, if illumination is provided, it is subject to the requirements of section S5.3.5 of the standard. This letter a lso addresses the illumination requirements applicable to a vehicle condition monitor.

By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufa cturer to ensure that its vehicles and equipment meet applicable safety standards. The following represents our opinion based on the facts provided in your letter.

Standard No. 101 requires that vehicles with any display listed in the standard must meet specified requirements for the location, identification and illumination of such display. See section S5. Among the displays listed in Standard No. 101 are the fu el level telltale, fuel level gauge, speedometer and odometer. See section S5.1 and column 1 of Table 2.

It is our opinion that a trip computer provided in addition to a fuel gauge and speedometer/odometer is not considered a fuel level guage,

speedometer or odometer within the meaning of Standard No. 101. Moreover, a trip computer is not otherwise included among the displays listed in the standard. Since Standard No. 101's illumination requirements other than those of section S5.3.5 onl y apply to displays listed in the standard, they are not applicable to the trip computer.

As you suggest in your letter, if illumination is provided for the trip computer display, the illumination is subject to the requirements of section S5.3.5. That section specifies requirements for any source of illumination within the passenger compartme nt which is forward of a transverse vertical plane 4.35 inch rearward of the manikin "H" point with the driver's seat in its rearmost driving position, which is not used for the controls and displays regulated by the standard, which is not a telltale, an d which is capable of being illuminated while the vehicle is in motion.

In a telephone conversation with Edward Glancy of my staff, Mr. Marx Elliott advised that you are also interested in what illumination requirements may be applicable to a vehicle condition monitor. According to the information provided with your letter, the vehicle condition monitor indicates the following: door or trunk lid not shut, low outside air temperature, lamp failure, low washer fluid, and low engine coolant.

Each of the displays included in the vehicle condition monitor is a telltale. However, none of the telltales are among the displays listed in the standard. We note that the information provided with your letter indicates that the vehicle condition monito r illustrates, using a vehicle map, the operation of several lamps. If a lamp fails, the vehicle condition monitor causes the appropriate segment in the vehicle map to extinguish. While the headlamp high beam is among the lamps for which the vehicle co ndition monitor provides information, Mr. Elliott has advised us that this information is supplemental to the traditional high beam telltale provided on the instrument panel. It is our opinion based on these facts, that such a supplemental display is no t considered a high beam telltale within the meaning of Standard No. 101.

The telltales included in the vehicle condition monitor are not subject to any illumination requirements. Since none of the telltales included on the vehicle condition monitor are listed in Standard No. 101, they need not meet the illumination requireme nts specified by that standard for telltales. Moreover, as indicated by the language of section S5.3.5, quoted above, the illumination requirements of that section do not apply to telltales.

ID: 3236o

Mr. Andrew E. Woolner
General Manager
Austin Rover
U.S. Liaison Office
8953 N.W. 23 Street
Miami, Florida 33l72

Dear Mr. Woolner:

This responds to your letter requesting an interpretation of Federal Motor Vehicle Safety Standard No. l0l, Controls and Displays. You asked about the illumination requirements applicable to a trip computer display. According to your letter, the trip computer display is provided in addition to a fuel gauge and a speedometer/odometer. The trip computer is able, among other functions, to display supplemental information concerning fuel consumption, fuel used, average speed, trip distance and distance to arrival. As discussed below, this letter confirms your understanding that illumination is not required for the trip computer display, but, if illumination is provided, it is subject to the requirements of section S5.3.5 of the standard. This letter also addresses the illumination requirements applicable to a vehicle condition monitor.

By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles and equipment meet applicable safety standards. The following represents our opinion based on the facts provided in your letter.

Standard No. l0l requires that vehicles with any display listed in the standard must meet specified requirements for the location, identification and illumination of such display. See section S5. Among the displays listed in Standard No. l0l are the fuel level telltale, fuel level gauge, speedometer and odometer. See section S5.l and column l of Table 2.

It is our opinion that a trip computer provided in addition to a fuel gauge and speedometer/odometer is not considered a fuel level gauge, speedometer or odometer within the meaning of Standard No. l0l. Moreover, a trip computer is not otherwise included among the displays listed in the standard. Since Standard No. l0l's illumination requirements other than those of section S5.3.5 only apply to displays listed in the standard, they are not applicable to the trip computer.

As you suggest in your letter, if illumination is provided for the trip computer display, the illumination is subject to the requirements of section S5.3.5. That section specifies requirements for any source of illumination within the passenger compartment which is forward of a transverse vertical plane 4.35 inch rearward of the manikin "H" point with the driver's seat in its rearmost driving position, which is not used for the controls and displays regulated by the standard, which is not a telltale, and which is capable of being illuminated while the vehicle is in motion.

In a telephone conversation with Edward Glancy of my staff, Mr. Marx Elliott advised that you are also interested in what illumination requirements may be applicable to a vehicle condition monitor. According to the information provided with your letter, the vehicle condition monitor indicates the following: door or trunk lid not shut, low outside air temperature, lamp failure, low washer fluid, and low engine coolant.

Each of the displays included in the vehicle condition monitor is a telltale. However, none of the telltales are among the displays listed in the standard. We note that the information provided with your letter indicates that the vehicle condition monitor illustrates, using a vehicle map, the operation of several lamps. If a lamp fails, the vehicle condition monitor causes the appropriate segment in the vehicle map to extinguish. While the headlamp high beam is among the lamps for which the vehicle condition monitor provides information, Mr. Elliott has advised us that this information is supplemental to the traditional high beam telltale provided on the instrument panel. It is our opinion, based on these facts, that such a supplemental display is not considered a high beam telltale within the meaning of Standard No. l0l.

The telltales included in the vehicle condition monitor are not subject to any illumination requirements. Since none of the telltales included on the vehicle condition monitor are listed in Standard No. l0l, they need not meet the illumination requirements specified by that standard for telltales. Moreover, as indicated by the language of section S5.3.5, quoted above, the illumination requirements of that section do not apply to telltales.

Sincerely

Erika Z. Jones Chief Counsel

/ref:101 d:ll/23/88

ID: 22118evisor1

Mr. David H. Coburn
Steptoe & Johnson LLP
1330 Connecticut Avenue, NW
Washington, DC 20036-1795





Dear Mr. Coburn:

This responds to your letter requesting an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing materials, with respect to a product that would "automatically, and virtually immediately upon activation, create a shade band on top of the front windshield of a vehicle."

You state in your letter that your client, Al-Coat, Ltd., a corporation based in Israel, has developed an electro-optical sun visor known commercially as e-Visor. The e-Visor is composed of a thin plastic band attached to the top part of the windshield. The e-Visor is approximately 5 inches wide and is made out of an electronically controlled light modulating (ECLM) film generally constructed with Polymer Dispersed Liquid Crystal technology. The ECLM film lightens with the application of voltage and returns to a darkened state when no voltage is applied. An electronic unit mounted under the dashboard controls the voltage applied to the band. A control unit mounted on the dashboard allows the driver to turn the band on or off, or place it in an automatic mode.

In the automatic mode, the voltage applied to the band is controlled by a sunlight sensor mounted on the front windshield of the vehicle. The sensor responds to sunlight, causing the ECLM film to "instantaneously" assume a darkened state in "blinding or bright sunlight." In a darkened state, the e-Visor reduces the light transmittance of the windshield to approximately 1 percent, while the light transmittance in its lightened state is "approximately 50 percent." You state that the e-Visor "would have no effect on any part of the front windshield other than the area traditionally reserved for a shade band located near the top of the front windshield." You also state that Al-Coat seeks to import this product into the United States. The e-Visor would be made available to original equipment manufacturers and/or marketed as an aftermarket product for installation on used vehicles.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue FMVSSs applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment or pass on the compliance of a vehicle or item of equipment outside the context of an actual enforcement proceeding. Instead, Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards. The following represents our opinion based on the facts set forth in your letter.

Installation in New Vehicles

A manufacturer of a new vehicle must certify that its vehicle meets all applicable Federal motor vehicle safety standards. Any person who manufactures or sells a new vehicle which does not conform to any safety standard is subject to civil penalties and recall action under our statute.

NHTSA has issued FMVSS No. 205, Glazing materials, to establish performance and location requirements for glazing in each new motor vehicle. FMVSS No. 205 incorporates an industry standard, the American National Standard "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways (ANSI Z26.1)." Under FMVSS No. 205 and the ANSI standard, glazing for use at levels intended for driving visibility must meet all of the requirements of the standard, including those on light transmittance. FMVSS No. 205 and ANSI Z26.1 apply a 70 percent light transmittance requirement to areas of glazing that are requisite for driving visibility.

In all vehicles, the windshield is considered requisite for driving visibility. However, ANSI Z26.1 provides that a manufacturer may provide an area on the glazing that has a light transmittance of less than 70 percent as long as the areas requisite for driving visibility have a light transmittance of 70 percent. Our longstanding position has been that the area of the windshield traditionally comprising a shade band is not considered requisite for driving visibility, so that area may have a light transmittance of less than 70 percent.

After reviewing the information you have submitted, we have concluded that the e-Visor operates and is intended to operate as a shade band. We have reached this conclusion based on the specific facts and purposes of your client's particular design and on your representations that the product would not affect any part of the windshield other than within the area traditionally reserved for a shade band; i.e., an approximate 5-inch band located near the top of the windshield. As a shade band in that location, the e-Visor would not be subject to FMVSS No. 205's light transmittance requirement.

Although the agency has concluded that your shade band is not in an area considered requisite for driving visibility, it is important to note that we are in the midst of rulemaking on limiting the width of shade bands. We have published an August 4, 1999, notice of proposed rulemaking (64 FR 42330) on this subject. It may be appropriate for you to examine whether the e-Visor would be affected by a possible new shade band requirement.

Of course, a new vehicle with the e-Visor must be certified, for its location and installation (e.g., windshield), as meeting all other requirements in FMVSS No. 205, including all applicable performance requirements of the standard (haze resistance, scratch resistance, and etc.). In addition, there are a number of other standards that might be affected by installation of the component. In particular, I would like to draw your attention to FMVSS No. 103, Windshield defrosting and defogging systems, FMVSS No. 212, Windshield mounting, FMVSS No. 219, Windshield zone intrusion, and FMVSS No. 201, Occupant protection in interior impact. You should carefully review these and all other FMVSSs to determine how the product would affect a vehicle's conformance with these standards.

In addition, S5.3.5 of FMVSS No. 101, Controls and displays, reads as follows:

Any source of illumination within the passenger compartment which is forward of a transverse vertical plane 110 mm rearward of the manikin "H" point with the driver's seat in its rearmost driving position, which is not used for the controls 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 passenger compartment illuminated.

The purpose of this requirement is to prevent glare visible to the driver. If the e-Visor control unit installed in view of the driver were capable of operation while the vehicle is in motion, it would be subject to this requirement.

As an Aftermarket Item of Equipment

The e-Visor is an item of motor vehicle equipment since it would be sold as part of a motor vehicle or as an addition to a vehicle. (See 49 U.S. Code (U.S.C.) 30102(a)(7)). While the e-Visor is an item of motor vehicle equipment, NHTSA has not issued any FMVSSs establishing performance standards directly applicable to this product if it were sold directly to consumers for installation on used vehicles. However, the manufacturer, whether your client or a licensee, is subject to the requirements of 49 U.S.C. 30118-30120 which set forth the recall and remedy procedures for products with defects related to motor vehicle safety. Thus, if NHTSA or the manufacturer determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which the product is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.)

The installation of the e-Visor by a commercial entity is also subject to other restrictions. Our statute at 49 U.S.C. 30122 provides that a manufacturer, distributor, dealer, or vehicle repair business may not knowingly "make inoperative" any device or element of design installed on or in a motor vehicle in accordance with any FMVSS. Therefore, the e-Visor could not be installed by any of those entities if such use would adversely affect the ability of a vehicle's glazing to comply with the performance requirements of FMVSS No. 205, as well as the compliance of a vehicle with any other FMVSS. You should carefully review the FMVSSs to determine whether installation of the e-Visor would affect a vehicle's compliance with the standards. ⁽¹⁾

I note that the Federal Motor Carrier Safety Administration has jurisdiction over interstate motor carriers operating in the United States. You should contact that Administration at (202) 366-2519 for information about any requirements that may apply to your product. In addition, states have the authority to regulate the use and licensing of vehicles operating within their jurisdictions and may have restrictions on shade bands. Therefore, you should check with the Department of Motor Vehicles in any state in which the equipment will be sold or used.

Also, there is a procedural regulation that you need to meet to import the e-Visor into the United States. 49 CFR Part 551, "Procedural Rules," requires the actual manufacturer of foreign-manufactured motor vehicle equipment to designate a permanent resident of the United States as the manufacturer's agent for service of process in this country. The designation of the agent for the service of process must contain the following six items in order to be valid under section 551.45:

1. A certification that the designation is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;

2. The full legal name, principal place of business, and mailing address of the manufacturer;

3. Marks, trade names, or other designations of the origin of any of the manufacturer's products which do not bear its name;

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;

5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm, or a U.S. corporation; and

6. The full legal name and address of the designated agent.

In addition, the designation must be signed by one with authority to appoint the agent, and the signer's name and title should be clearly indicated beneath his or her signature. This designation should be mailed to the address shown in section 551.45(b).

For your further information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel

Enclosure
ref:205
d.2/20/01





---

1. The "make inoperative" provision does not apply to equipment attached to or installed on or in a vehicle by the vehicle owner. However, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles.

ID: aiam0525

Dear Mr. Kennebeck: Your letter of July 2, 1971, points out an apparent conflict within th upper torso seat belt anchorage location requirement of Standard No. 210. The conflict is between the provision of S4.3.2 that the range of permissible locations is established with the seat back in its most upright position and the provision that the 2 dimensional manikin shall have its 'H' point on the seating reference point. The manikin's 'H' point may not be capable of being positioned on the seating reference point if the manufacturer has used a 'nominal design riding position' other than the 'most upright position' in establishing the seating reference point.; We agree that the conflict exists and intend to eliminate it b appropriate amendment in the *Federal Register*.; We will advise you upon issuance of the amendment. Sincerely, Lawrence R. Schneider, Chief Counsel

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

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pc: Mr. Fukuhara, Isuzu Motors, Japan

ID: nht76-5.25

DATE: 11/22/76

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Kustom Fit of Ohio Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your April 30, 1976 request for confirmation that "liability" for the correct location of a vehicle's seating reference point (SRP) lies with a vehicle manufacturer or alterer that installs seating and not with the manufacturer of the seat. I regret that we have not responded to your request sooner.

"Seating reference point" is defined by NHTSA regulations (49 CFR @ 571.3) to mean --

. . . . the manufacturer's design reference point which --

(a) Establishes the rearmost normal design driving or riding position of each designated seating position in a vehicle;

(b) Has coordinates established relative to the designed vehicle structure;

(c) Stimulates the position of the pivot center of the human torso and thigh; and

(d) Is the reference point employed to position the two dimensional templates described in SAE recommended Practice J826, "Manikins for Use in Defining Vehicle Seating Accommodation", November 1962.

While the term "manufacturer" found in the beginning of this definition could refer to either a vehicle or equipment manufacturer under the relevant statutory definition (15 U.S.C. & 102(5)), the references in subparagraphs (a) and (b) make clear that the SRP is a location established with reference to the vehicle structure. It is a commonly understood reference point for specifying the available space for a seated occupant within a vehicle. The only exception to this relationship to the vehicle has been in the case of Standard No. 222, School Bus Passenger Seating and Crash Protection, where the NHTSA has indicated it would accept an SRP designation that is established with reference to the seat frame. This policy is limited to school buses where seat placement within the vehicle is subject to more variation than in other vehicle types.

This means that the NHTSA, in verifying the compliance of a vehicle with a standard such as Standard No. 210, Seat Belt Anchorages, will ask the vehicle manufacturer for the location of the SRP.

SINCERELY,

KUSTOM FIT of OHIO Inc.

April 30, 1976

National Highway Traffic Safety Administration On August 6, 1975 the Recreational Vehicle Industry Association issued bulletin #MS32-752 to all manufacturers and suppliers which dealt with seating reference points in M.P.V.'s.

This letter enclosed please find a copy of it, has created a misunderstanding of responsibilities between the seating manufacturer and the Original Equipment Manufacturer or converters of recreational vehicle products.

It has been the accepted responsibility of the seating manufacturer to establish compliance with standard No. 207 which has to do with pull testing, the integrity of the seat, etc. Our product has been tested extensively by independent laboratories and is regularly pull tested within our own plant to establish that we maintain these standards. The SRP point however is established by fitting a special mannequin into the vehicle in such a manner that its feet are in contact with the gas pedal and floor while its other various extremities are in contact with the steering wheel, etc. By using this method the outboard designated seating position is established in each vehicle as well as the head impact area and the pelvic impact area and the torso line. The only possible way to establish that seating reference point is to check a seat as it is installed in the vehicle complete with its seat belt anchoring system. This SRP point would vary with every model in which it is installed.

Kustom Fit manufactures seats for installation in a wide variety of vehicles and deals with over five hundred customers. While we can give the center of gravity of the seat from which its original pull test were made and are happy to do so we are not in a position to supply the SRP point which is the responsibility in our opinion of the vehicle manufacturer or converter rather than a seat manufacturer.

This being the case we ask that you supply us and the R.V.I.A. with a letter stating that the liability for the correct SRP point lies with the converter of the vehicle or manufacturer rather than with a component manufacturer such as ourselves.

We thank you for your help.

James A. Rupp Vice President General Manager

cc: EARL BELK; JIM PORTER; R.V.I.A. (Illegible Text) (Illegible Text) (Illegible Text) (Illegible Text)