ID: nht68-1.30

DATE: 08/20/68

FROM: ROBERT BRENNER FOR WILLIAM HADDON -- NHTSA

TO: Messrs. Quarles; Herriott; Clemons; Teschner & Noelke

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of July 23 to the attention of the Federal Highway Administrator enclosing product literature on the "Model 16" and "Cruiser" manufactured by your client, the M-B Company. You have asked what Federal motor vehicle safety standards apply to these vehicles.

Since the Model 16 line striper is "driven . . . by mechanical power" it is a "motor vehicle" within the meaning of section 102(3) of the National Traffic and Motor Vehicle Safety Act of 1966. However, it does not fall into any of the vehicle types defined thus far, to which standards are applicable, and consequently there are no standards applicable to it at this time.

Section 255.3(b), quoted by you, defines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment." The definition thus excludes all trailers, but would include the Cruiser which transports special purpose equipment necessary for street sweeping. Therefore, the Cruiser must conform to all Federal standards applicable to trucks.

I hope this answers your questions.

Sincerely

July 23, 1968

Federal Highway Administration Director

Attention Mr. Bridwell

Gentlemen:

We request that your office issue an interpretive ruling as to what requirements of the Federal Motor Vehicle Safety Standards, if any, certain products manufactured by the M-B Company must comply with. The products in question are the "Cruiser," and the "Model 16" Brochures illustrating these products and containing information about them are enclosed herewith.

We would in particular appreciate receiving answers to several specific questions:

1. In the definition of "Truck," contained in@255.3 of the regulations, does the word "except" refer only to "a trailer" or does it also refer to "designed previously for the transportation of property or special purpose equipment.

2. Do the devices contained on the "Cruiser" and "Model 16" constitute "special purpose equipment," within the meaning of this phrase as it is used in the aforesaid definition of "Truck?" 3. Does "Model 16" have "motive power" within the meaning of this phrase as it is used in the aforesaid definition of "Truck," since it does not have the normal type of a motor system found in trucks in that it does not have a battery or generator?

The primary practical problem M-B Company has is with regard to "Modes 16" which is designed to be inexpensive, light weight, and small. Therefore, it does not even have a generator or a battery, and thus necessarily, no lights. The absence of lights presented no practical problem, since it was designed solely or use in the daylight. If M-B Company must make "Model 16" comply with the lighting requirements for "Trucks," it will necessarily require "Model 16"'s design to be substantially altered.

We would appreciate receiving this interpretive ruling as soon as possible. M-B Company continues to manufacture the aforesaid products. Its uncertainty as to which of your department's standards, if any, these products must comply with, places it in a most difficult and uncomfortable position. If your department desires any additional information as to the aforesaid products, just contact us and we will supply it promptly.

Very truly yours,

QUARLES, HERRIOTT, CLEMONS, TESCHNER & NOELKE --

Charles S. Quarles

CC: L.P. Blumberg

ID: nht68-1.31

DATE: 07/03/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Horseless Carriage Corp.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of June 11, 1968, concerning the applicability of Federal motor vehicle safety standards to motor vehicles which have a curb weight of 1000 pounds or less.

Your reference to section 255.7 of the Federal motor vehicle safety standards and the present applicability of the standards to motor vehicles 1000 pounds or less curb weight is correct. However, we are enclosing a copy of an Advance Notice of Proposed Rule Making, Docket No. 5-1, which was published in the Federal Register on October 14, 1967. As you can see from the Advance Notice of Proposed Rule Making, the Administrator is considering adding new standards applicable to motor vehicles of 1000 pounds or less curb weight.

Sincerely,

HORSELESS CARRIAGE CORP.

June 11, 1968

Administrator Federal Highway Administration

ATTENTION: Robert M. O'Mahoney Assistant Chief Counsel

Gentlemen:

Thank you for the attention and assistance found in your letter of 31 May.

In reviewing the Federal Motor Vehicle Standards, we note that sub-part 255.7, "Applicability", paragraph (a) "General", specifies that the standards apply to ". . . motor vehicles over 1000 pounds curb weight; . . .".

Since our Replica antique automobiles have a curb weight of less than 350 pounds, it would appear that by definition and reference they are excluded, which obviates our petitioning for exemption under PL 90-283.

We would appreciate your comment or interpretation.

Very truly yours,

Ferris M. Smith, Jr. -- President

ID: nht68-1.32

DATE: 04/24/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Carrington; Johnson & Stephens

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of March 16 which asked several questions concerning the applicability of present Federal motor vehicle safety standards to equipment installed, either at the factory or afterwards, "in pickup trucks and other light trucks."

You have asked:

"(1) Does a standard applicable only to passenger cars apply to a vehicle coming within both the definitions of 'truck' and the definition of 'passenger car' as defined in the Standards?"

(2) Does your answer to the foregoing apply to pickup trucks and other light trucks sometimes used for family purposes?

(3) Are these considered to be 'multipurpose passenger vehicles' and therefore specifically excluded from the definition of 'passenger cars'?"

The Federal Motor Vehicle Safety Standards define a "truck" as a motor vehicle "designed primarily for the transportation of property or special purpose equipment". This includes pickup trucks used occasionally for family purposes. The answer to your questions therefore is that vehicles are not both trucks and passenger cars and a standard applicable only to passenger cars is not applicable to pickup and other light trucks. The distinction between passenger cars and multipurpose passenger vehicles is that the latter are vehicles constructed either on a track chausis or with special features, such as 4-wheel drive, for occasional off-road operation. The Ford Bronco and International Harvester Scout are two examples of multipurpose passenger vehicles.

With regard to your question regarding applicability of standards to dealer-installed equipment, the standards, at this time, do not apply to installation or removal of equipment after the first purchase of a vehicle for purposes other than resale. They do apply prior to sale and dealers should be warned against making modifications which might interfere with the compliance that has been certified by the vehicle manufacturer.

The meaning of your last question is unclear to me. Certification is required by the Act between a manufacturer and a dealer or distributor and then only if there is an applicable standard. Many vehicle manufacturers routinely require by a contract that equipment manufacturer "certify" that equipment supplied meets Federal Motor Vehicle Safety Standards. These clauses are a matter of contract between the parties.

Regardless of the end use of the equipment supplied, and even though no certification is required because the sale is to a vehicle manufacturer and not a dealer or distributor, if there is a Federal Motor Vehicle Safety Standard applicable to the equipment manufactured the equipment manufacturer is subject to civil penalty for violation of section 108(a)(1) of the Act (15 USC 1397 (a)(1)) if the equipment does not comply with applicable standards.

Sincerely,

CARRINGTON, JOHNSON & STEPHENS

March 16, 1968

Robert M. O'Mahoney, Esq. Assistant General Counsel U.S. Department of Transportation Federal Highway Administration National Highway Safety Bureau

Dear Mr. O'Mahoney:

We represent a firm which is a "manufacturer" as defined in Sec. 102(5) of the National Traffic and Motor Vehicle Safety Act of 1966 (the "Act"), of "motor vehicle equipment" as defined in Sec. 102(4) of the Act. Such firm is the same concern concerning which you and I had correspondence last summer, culminating in your letter of August 1, 1967 wherein you kindly furnished us with guidance in the interpretation of a possibly ambiguous aspect of the Act concerning sale of such equipment in the passenger car after-market, in order that we might in turn be guided in advice to our client.

Now our client proposes to sell such equipment to a concern which is a "manufacturer" of "motor vehicles" under Sec. 102(3) of the Act, which equipment is to be used in pickup trucks and other light truckscoming within the definition of "truck" in the Initial Federal Motor Vehicle Safety Standards @ 255.3(b). In some cases the equipment will be factory-installed, and in some cases it will be installed by factory-franchised truck dealers as optional equipment specified by the purchaser of the truck.

This letter is to request your advice concerning the applicability of the Initial Standards (and I especially have in mind Standard 201) to this equipment.

Section 255.3(b) of the Initial Standards defines truck as follows:

"Truck' means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment."

The same general section of definitions at the same time defines "passenger car" as follows:

"'Passenger car' means a motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less."

The same general section also defines "multipurpose passenger vehicle" as follows:

"'Multipurpose passenger vehicle' means a motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation."

The structuring and thrust of the Initial Standards and of the Act appear clearly to contemplate that standards applicable to trucks as above-defined are intended to be limited in applicability to trucks, and that standards applicable to passenger cars as above-defined are intended to be limited in applicability to passenger cars. Yet, if literally and superficially read, without the illumination of such purpose and intent, the definition in @ 255.3(b) of "passenger car" would literally cover a pickup truck, or possibly even a large truck, so long as it was "designed for carrying 10 persons or less" unless as to a particular kind of truck it would be said to be a "multipurpose passenger vehicle." An interpretation which includes trucks of any kind under the definition "passenger car" would, in my opinion, be strained and would not further the results desired to be accomplished by the Initial Standards or the Act, but the language used has led us to request your advice with respect to the following:

(1) Does a standard applicable only to "passenger cars" apply to a vehicle coming within both the definition of "truck" and the definition of "passenger car" as defined in the Standards?

(2) Does your answer to the foregoing apply to pickup trucks and other light trucks sometimes used for family purposes?

(3) Are these considered to be "multipurpose passenger vehicles" and therefore specifically excluded from the definition of "passenger cars"?

(4) If your answer to either of the first three questions is that the "passenger car" standards do cover such a vehicle, would the applicability of such standards to equipment installed in such a vehicle be governed to any extent by the fact of installation of such equipment by a dealer, rather than at the factory --

(a) before delivery of the vehicle to the customer?

(b) after delivery of the vehicle to the customer?

(5) If the equipment involves were in noncompliance with the standards if factory-installed in "passenger car" but the Vehicle manufacturer contractually represents that the equipment is purchased for use only on vehicles to which "passenger car" standards do not apply, can the equipment manufacturer rely on such representation so as not to certify the equipment as being in compliance with the standards?

We shall appreciate your assistance to us with respect to these questions.

Sincerely yours,

MARVIN S. SLOMAN

ID: nht68-1.33

DATE: 10/23/68

FROM: AUTHOR UNAVAILABLE; James B. Gregory; NHTSA

TO: National Association of Independent Insurers A.J.J. Enterprises Inc. NHTSA

TITLE: FMVSS INTERPRETATION FMVSR INTERPRETATION

ID: nht68-1.34

DATE: 06/01/68 EST

FROM: AUTHOR UNAVAILABLE; Lester D. Johnson; NHTSA

TO: Elford A. Cederberg; House of Representatives

COPYEE: DEPT. OF TRANSPORTATION

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 28, 1968, concerning the application of the Federal Motor Vehicle Safety Standards to a Morgan 4/4 convertible automobile imported by Mr. Edvis Fine of Mount Pleasant, Michigan.

Based on the information contained in your letter, it appears that the vehicle in question has not been manufactured in conformity with the safety standards prescribed by the Department of Transportation. Therefore, the vehicle is not permitted entry into the United States unless entry is made under bond and Highway Safety Form 7 (copy enclosed) is completed by the importer. This requirement is provided for in section 12.80(b), Customs Regulations, a copy of which is also enclosed for your convenience.

If your constituent wants to take delivery of the vehicle so that it can be brought into conformity, the foregoing requirements must first be complied with. To avoid certain storage charges, it will be to Mr. Fine's advantage to make entry for consumption or export the vehicle as soon as possible. Normally, storage charges begin to necrue on the sixth day, exclusive of Sundays and holidays, after date of arrival of the importing carrier in the port.

The Bureau of Customs cannot advise your constituent what modifications or additions are necessary to bring the vehicle into conformity. This information can be obtained from the Department of Transportation and a copy of your letter has been forwarded to that office for direct reply.

Sincerely yours,

Congress of the United States

House of Representatives

May 28, 1968

Lester D. Johnson Commissioner Bureau of Customs

Dear Mr. Johnson:

On January 12, 1968, my constituent, Mr. Lewis Fine of Mount Pleasant, Michigan, placed an order with Metro Motors of Windsor, Ontario, for a British-made Morgan 4/4 convertible automobile. The car was shipped from England on or about April 19, 1968, and the order, a copy of which is enclosed, was plainly marked "for export to the USA." Mr. Fine is having difficulty getting his car into the United States, having been told that he would have to sign your Form No. NS7 stating that he would bring the car up to Government standards within ninety days and the Canadian dealer would have to post bond guaranteeing compliance. It is my understanding that the car is already equipped with the following equipment:

1. 1600 CC Ford Cortina Engine

2. Electric windshield washers and wipers

3. Front and rear bumpers

4. 3 Point seat belts

5. Hydraulic and mechanical brakes

6. 72 spoke wire wheels and hubs (not the knock on type)

7. Two rear view fonder mirrors

8. Four two-way flasher and back-up lights

I shall appreciate it if you will review this file and advise me what further stops are necessary in order for Mr. Fine to get this car into the United States.

Sincerely yours,

Elford A. Cederberg

Enclosure

ID: nht68-1.35

DATE: 01/23/68

FROM: Howard A. Haffron; signature by Dowell H. Anders

TO: Thomas S. Foley; House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of January 8 to Congressional Liaison, Department of Transportation, in which you enclosed a letter of December 20 from your constituent James B. Mitchell of Spokane. Mr. Mitchell protests regulations then proposed and new adopted, promulgated jointly by the Department of Transportation and the Department of Treasury, which cover importation of motor vehicles subject to the National Traffic and Motor Vehicle Safety Act of 1966.

These regulations, in essence, implement section 108 of the Act and state that motor vehicles subject to the Federal motor vehicle safety standards (such as passenger cars including sports cars, but not including competition racing cars) cannot be imported into the United States unless they conform to all applicable standards prior to entry or are brought into conformity after entry. Consequently, any Ferrari manufactured on or after January 1, 1968, and intended primarily for use on the public roads will be admitted to the United States if it conforms to all applicable standards or, in the alternative, if it can be brought into conformity within 90 days after entry or such other period as the district director of customs of the port of entry may allow for good cause shown.

ID: nht68-1.36

DATE: 02/07/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Contemporary Classics Inc.

TITLE: FMVSR INTERPRETATION

TEXT: The Customs Bureau has forwarded to the Department of Transportation your recent letter commenting on the joint regulations proposed on November 30 and governing the importation of motor vehicles and motor vehicle equipment subject to the National Traffic and Motor Vehicle Safety Act of 1966. These regulations have now been issued in final form with changes made pursuant to comments received.

These regulations permit the entry of a racing car designed for use on a competition circuit. They do not prohibit the entry of antique, vintage, classic, and all other motor vehicles provided they were manufactured prior to January 1, 1968. The regulations follow the Act in denying entry to a motor vehicle designed primarily for use on the public roads which does not conform to, or cannot be brought into conformity with, applicable Federal motor vehicle safety standards.

I enclose for your information a copy of the Act and call your attention to section 108(b)(3) and (b)(4), under which the regulations were issued. I also enclose a copy of the regulations which became effective on January 10.

S. 2029, passed by the Senate in November and pending in the House, is a bill which, if enacted, will provide a procedure under which manufacturers of 500 or less motor vehicles per year may apply for relief from compliance upon a showing that conformance would cause the manufacturer substantial economic hardship, and that no undue hazard to the public would result. The Department supports the objectives of this legislation.

ID: nht68-1.37

DATE: 01/11/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: United States Auto Club

TITLE: FMVSR INTERPRETATION

TEXT: Secretary Boyd has asked that we reply to your letter of November 27, 1967. Your letter raises questions concerning joint regulations to be issued by the Department of the Treasury and the Department of Transportation governing the importation of motor vehicles and motor vehicle equipment subject to motor vehicle safety standards.

You are correct in your understanding that the Act was not intended to apply to vehicles prepared for auto racing or race tracks and not intended for use on the public streets or highways.

The question you raised concerning the use of the words "by bona fide auto vehicle manufacturers" has also been raised by others who have commented on the proposed regulations. Accordingly, you will note that the regulations, a copy of which is attached, have been changed so as to eliminate this phraseology and make it clearer that vehicles intended for "competition" and which "will not be sold or licensed for use on the public roads" may be admitted. This provision will not require an affidavit on the part of the importer but merely a declaration to this effect.

We believe that the regulations, as amended, will provide for the unhampered entry of foreign built race cars for the Indianapolis 500 race and other USAC sanctioned events.

ID: nht68-1.38

DATE: 04/30/68

FROM: DAVID A. FAY -- NHTSA OFFICE OF STANDARDS ON ACCIDENT AVOIDANCE MOTOR VEHICLE SAFETY PERFORMANCE SERVICE

TO: J.E. MARTENS -- CHIEF AUTOMOTIVE SAFETY ENGINEER AMERICAN MOTORS CORPORATION

TITLE: NONE

TEXT: Dear Mr. Martens:

Thank you for your letter of February 28, 1968, addressed to Mr. George C. Nield, concerning Motor Vehicle Safety Standard No. 107, "Reflecting Surfaces."

Motor Vehicle Safety Standard No. 107 specifies reflectivity requirements for only the inside windshield molding itself -- not for the screws or fasteners used to attach the molding.

Sincerely,

ID: nht68-1.39

DATE: 02/20/68

FROM: H. S. BEAGLE -- ELECTRICAL TESTING LABORATORIES, INC.

TO: EDWIN L. SLAGLE -- NATIONAL HIGHWAY SAFETY BUREAU FEDERAL HIGHWAY ADMINISTRATION DEPARTMENT OF TRANSPORTATION

COPYEE: J. R. SCHAEFFER -- ETL; A. R. CHICK -- ETL

TITLE: MOTOR VEHICLE SAFETY STANDARD NO. 205 -GLAZING MATERIALS

REF.1: ELECTRICALLY HEATED SAFETY GLASS FOR DEFOGGING

REF.2: TEST PROCEDURE PER USA STANDARD 226.1-1966

ATTACHMT: LETTER DATED 2/21/68 FROM EDWIN L. SLAGLE OF D.O.T. NATIONAL HIGHWAY SAFETY BUREAU TO H. S. BEAGLE OF ELECTRICAL TESTING LABORATORIES INC.

TEXT: The above subject reference No. 2 provides, in part, that safety glazing material be tested for regular (parallel) luminous transmittance (method unspecified), which value shall be not less than 70 per cent both before and after irradiation (ultraviolet are exposure). The word "parallel" means that the light beam used in making this measurement should be essentially collimated. This condition may be obtained by using a light source sufficiently distant from the test specimen that the rays are essentially parallel.

Our photometric laboratory has been performing this test satisfactorily for many years, using the apparatus shown in the attached photographs numbered 1 through 4, as follows:

Photo #1 - A general view, no glass in place, showing diaphragm plate and source of collimated beam above. Light source, positioned 48 inches above photo cell and shielded, is an incandescent monoplane tungsten-filament lamp calibrated for operation at the specified color temperature of 2854 degrees Kelvin.

#2 - Close up of diaphragm plate with 1-1/4-inch opening, positioned 3/4 inch above the color corrected photovoltaic cell. Cell is visible through diaphragm opening.

#3 - Set-up with glass specimen in place. Glass specimen shown has electrically conductive lines on one surface.

#4 - Close up of glass specimen on diaphragm plate.

In performing this measurement the test specimen is moved laterally across the diaphragm (aperture) to find and record the minimum transmittance value.

2

It is our belief that this test method is as suitable for evaluating the luminous transmittance of electrically heated safety glass as it is for the same glass not so treated. As a matter of fact, it has been so employed in the past with respect to imported glass of the electrically heated type.

However, to avoid possible future problems concerning the acceptability of our test method, we are submitting this matter for your consideration at this time. The urgency of it is related to the long loud time with respect to production of electrically heated safety glass to provide for defogging of rear windows in motor vehicles.

We therefore respectfully ask for your written approval of the test method, as herein described, as being acceptable for purposes of evaluating the luminous transmittance of electrically heated safety glass for compliance in this regard, with the requirements of MVSS No. 205.

The earliest possible response to this request would be most sincerely appreciated.

Sincerely yours,

Enclosure: photographs