ID: nht68-1.49

DATE: 02/12/68

FROM: AUTHOR UNAVAILABLE; William Haddon Jr. M.D.; NHTSA

TO: Warren G. Magnuson; House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter to January 2 enclosing correspondence from your constituent, William Dixon of Beattle.

Mr. Dixon opposes the regulations, then proposed and now adopted, issued jointly by the Department of Transportation and the Department of the Treasury which govern the importation of motor vehicles subject to the Federal motor vehicle safety standards.

These regulations implement section 108(b)(3) of the National Traffic and Motor Vehicle Safety Act of 1966 which states that a motor vehicle manufactured after December 31, 1967, which does not conform to applicable standards:

". . . shall be refused admission into the United States under joint regulations issued by the Secretary of the Treasury and the Secretary, except that the Secretary of the Treasury and the Secretary may, by such regulations provide for authorizing the importation of such motor vehicle . . . upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriate to insure that any such motor vehicle . . . will be brought into conformity with any applicable Federal motor vehicle safety standard prescribed under this title, or will be exported or abandoned to the United States."

As to Mr. Dixon's reference to limited production" automobiles, S. 2029, passed by the Senate in November and pending in the House, is a bill which, if enacted, would provide a procedure by which manufacturers (foreign as well as domestic) of 500 or less motor vehicles per year could apply for relief from compliance with such standards as cause it substantial economic hardship.

ID: nht68-1.5

DATE: 11/25/68

FROM: H. M. JACKLIN; CONCURRENCE BY R. M. O'MAHONEY -- NHTSA

TO: Firestone Tire and Rubber Company

TITLE: FMVSS INTERPRETATION

TEXT: This will acknowledge your letters of July 12, 1968, October 10, 1968, and October 31, 1968, to the National Highway Safety Bureau requesting the addition of three 50 Series Centilevered Sidewall tire size designations to Federal Motor Vehicle Safety Standard No. 109.

On the basis of the data submitted indicating compliance with the requirements of Federal Motor Vehicle Safety Standards Nos. 109 and 110 and other information submitted in accordance with the procedural guidelines set forth in Federal Register Volume 33, No. 195, page 14964, dated October 5, 1968, the E50C-16, F50C-16 and H50C-17 tire size designations will be listed within a new table to be established in Appendix A of Standard No. 109 and the 3 1/2 inch rim size will be listed within Table I of the Appendix to Standard No. 110. These changes will be published in the Federal Register in the near future.

The addition of new tire size designations to the tables is accomplished through an abbreviated procedure consisting of the publication in the Federal Register of the petitioned tire sizes or tables. If no comments are received, the amendment becomes effective after 30 days from the date of publication. If comments objecting to amendments are received, additional rule making pursuant to Part 216 of the Procedural Rules for Motor Vehicle Safety Standards will be considered.

ID: nht68-1.50

DATE: 02/12/68

FROM: AUTHOR UNAVAILABLE; William Haddon Jr. M.D.; NHTSA

TO: Thomas H. Kuchel; House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: The Commissioner of Customs has referred to us for further reply your letter of January 8, 1968, enclosing correspondence from your constituent, G. Harry Windsor of Los Catoa. Mr. Windsor objects to regulations of the Department of Transportation and the Department of the Treasury which he believes would result in the "arbitrary disposal or confiscation" of certain motor vehicles. He also states that he is denied the right "to import a single car manufactured after 1 January 1968, even a highly priced collector's item for static display" because he is not a manufacturer. While the regulations as originally proposed might have lent themselves to such an interpretation, Mr. Windsor will be pleased to know that the final regulations were amended to provide that an individual may import a nonconforming vehicle for "show" purposes if it will not be licensed for use on the public roads.

The enclosed regulations, which became final on January 10, 1968, govern importation of motor vehicles subject to the National Traffic and Motor Vehicle Safety Act of 1966. Section 108(b)(3) of the Act provides (which 19 C.F.R. @ 12.80(b)(3) and (e) implement) that vehicle offered for importation into the United States must conform to applicable Federal motor vehicle safety standards prior to its entry except that nonconforming vehicles may be admitted upon terms and conditions appropriate to insure that they "will be brought into conformity . . . or will be exported or abandoned to the United States." (Emphasis supplied) Thus, any disposal or confiscation will not be arbitrary but only in accordance with the statutory mandate.

ID: nht68-1.6

DATE: 10/23/68

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

TO: FWD Corporation

TITLE: FMVSR INTERPRETATION

TEXT: Thank you for your letter of October 4, 1968, in which you inquired about the acceptability of affixing a "paper type nameplate" to the cab door glass of partially completed chassis-cab trucks.

I assume that you are referring to the requirement for certification of conformity with Federal Motor Vehicle Safety Standards under the National Traffic and Motor Vehicle Safety Act of 1966. The Federal Highway Administration has recently issued a notice of proposed certification regulations, a (Illegible Words) of which is enclosed. While of course this proposal may be (Illegible Word) before it is issued as a final rule, it will give you an indication of the specific requirements that will probably be established within the next few months.

With specific reference to your question, the proposed regulations do specify in @ 275.5 that a label be affixed to a window of a chassis-cab. No material is specified, so paper or similar material will be satisfactory under this proposal. You will note that the proposed requirements differ in several respects from the drawing that you submitted with your letter. At least twelve-point type is required, which has capital letters of approximately 1/8 inch; the place of manufacture must be specified; and the statement restricting use must conform substantially with item (e) of that section.

We are pleased to be of assistance.

ID: nht68-1.7

DATE: 11/18/68

FROM: AUTHOR UNAVAILABLE; Charles A. Baker; NHTSA

TO: Arcoa

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of October 2, 1968, to Mr. David A. Fay, Office of Standards on Accident Avoidance, requesting an interpretation on the visibility of backup lamps on truck bodies.

The optical center of the lens surface must be visible from any eye point in the area you have indicated on your drawing.

This Bureau does not issue approval on items of lighting equipment or on vehicle designs incorporating this equipment; therefore, the above comment is for your information only, and in no way relieves the vehicle manufacturer from his responsibility for certifying that the assembled vehicle meets the requirements of Federal Motor Vehicle Safety Standard No. 108.

Sincerely,

ID: nht68-1.8

DATE: 04/24/68

FROM: NHTSA

TO: Utility Body Company

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of March 6, 1968, to Mr. George C. Nield, concerning the additional clearance lamps and reflectors that you have been requested to install on vehicles shipped to Hawaii.

Referring to the drawing attached to your letter, the use of clearance lamps as shown does not appear to impair the effectiveness of the lighting equipment required by Motor Vehicle Safety Standard No. 108, provided (1) the two lamps on front of the body are amberin color, and (2) the lamp on the rear of the body is red in color. Also, use of the amber reflex reflector on front of the body would not appear to impair the effectiveness of the required equipment. Paragraph S3.1.2 of the Standard states: "No additional lamp, reflective device, or associated equipment shall be installed if it impairs the effectiveness of the required equipment." This requirement applies to all applicable vehicles, including those owned by a State.

On your drawing, it appears that you have inadvertently indicated a red color for the clearance lamps on the front of the body. Use of red lamps at the locations shown would impair the effectiveness of the required equipment, since red lamps are used, in accordance with the standard, to designate the rear of the vehicle.

With respect to the requirements of Standard No. 108, I must point out that this Bureau does not issue approvals on items of lighting equipment or on vehicle designs incorporating this equipment. Therefore, the above comments are for your information only and in no way relieve the vehicle manufacturer from his responsibility for certifying that the assembled vehicle meets the requirements of the Standard.

Thank you for writing.

Sincerely,

March 6, 1968

George C. Nield -- Deputy Director, Motor Vehicles Safety Performance Services, U.S. Department of Transportation, Federal Highway Administration National Highway Safety Bureau

Dear Mr. Nield:

I certainly enjoyed the meeting held in Washington last week concerning the new Federal Motor Vehicle Safety Standards as sponsored by the Truck Body & Equipment Association.

I particularly enjoyed the afternoon panel discussion that you moderated.

If I may, I would like to request an interpretation on lighting, as covered under Standard 108.

Section 103 (D) of Public Law 89-563, of course, spells out that no state shall require additional lamps unless they are identical to the Federal standards. Standard S.3.1.1 confirms this fact in spelling out the "in the number" or quantity. Section S.3.1.2 states no additional lamps from Standard 108 unless, of course, the vehicle is owned by the state.

You will find enclosed a copy of our drawing describing lighting on an open bed service line construction body which we manufacture. Item 10, as shown, is the rear face clearance lamp. Item 11, rear marker reflector. Item 12, rear red marker lamp.

On units we ship to the State of Hawaii, we are still being asked to furnish lighting per their state law, which was written basically around the ICC standard. They have asked that we add additional clearance lamps, as shown in the three red rectangular boxes that I have added as No. 10. One on the front face of the body at the top corner; one at the front side top of the body corner; and one at the rear side face of the body. They have also asked that we add an additional reflector, as shown as Item No. 8 at the lower side front corner of the body.

Of course, the same lighting configuration would be duplicated on the other side of the vehicle.

In your interpretation, by the addition of these three lights and one reflector per side, are we impairing the effectiveness of the Motor Vehicle Standards as specifically spelled out by number and location under Standard 108?

I would appreciate your comments.

Yours very truly,

UTILITY BODY COMPANY

Dick Romney,

Sales Manager

Enclosure - Drawing

TYPICAL EQUIPMENT INSTALLED

(Graphics omitted)

ID: nht68-1.9

DATE: 12/15/68

FROM: LAWRENCE SCHNEIDER FOR ROBERT M. O'MAHONEY--NHTSA

TO: Heath Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of November 13 with regard to the applicability of Federal motor vehicle safety standards to the GT-18 Trail Bike kit, and the "Boonie-Bike" assembled from it.

I am unable to tell from your letter the exact nature and use of the Boonie-Bike but I will assume that it is an off-the-road special purpose motorcycle designed for recreational use. Such a machine is a "motor vehicle" for purposes of the National Traffic and Motor Vehicle Safety Act of 1955 since, like a multipurpose passenger vehicle, it is equipped with special features for off-road use but is capable of being operated both on and off the public roads. Thus it is not correct to say that trail bikes have not been considered motor vehicles in the past. The interpretation to which you refer, incidentally, if it appears, will be directed toward the so-called "mini-bikes".

Accordingly, it is possible to confirm your understanding that:

". . . for the purposes of the National Traffic and Motor Vehicle Safety Act of 1966, Heath's responsibility is limited to insuring that any kit item which it supplies to which a Federal Safety Standard is directly applicable (i.e., only glazing materials at the present time) shall meet such Safety Standards, and inasmuch as Heath does not build the kits or perform the actual conversion, it is not a manufacturer of motor vehicles and consequently not responsible for the entire assembled product."

Since a Boonie-Bike is equipped with a "5-broke horse power Briggs and Stratton 4-cycle engine" it is sub-classified as a "motor-driven cycle" which is defined as "a motorcycle with a motor that produces 5-brake horsepower or less".

As you(Illegible Word) Federal Standard(Illegible Word) 103 will apply to motorcycles manufactured or assembled on or after January 1, 1969. Motorcycles are required to be manufactured with one white headlamp in accordance with SAE Standard J584 (Motorcycle and Motor Driven Cycle Headlamps). This SAE Standard allows a motor driven cycle to be assembled with either a single or multiple beam headlamp. Consequently a motor driven cycle assembled with a single beam headlamp is not subject to paragraphs S3.4.1 and S3.4.2 of Federal Standard No. 108 requiring provision of a headlamp beam switch and indicator.

I hope this answers your questions

ID: nht68-2.1

DATE: 02/07/68

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

TO: N.G. Davey

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of December 17 to the Director, National Highway Safety Bureau, in which you ask about the requirements of the Federal motor vehicle safety standards so that you may determine whether a Canadian made right hand drive automobile may be modified in accordance with them.

While it is not clear from your letter the status of your visa or how long you wish to have the car in the United States, a solution to your problem may be provided by the regulations governing the importation of motor vehicles subject to the Federal standards, which became effective on January 10. You will see from 19 C.F.R. section 12.80(b)(iv) of the regulations enclosed that a nonresident of the United States may import a nonconforming motor vehicle for personal use for a period of up to one year.

The Bureau has not been informed of the manner in which vehicles of Canadian manufacture, including those with right hand drive do not comply with the Federal standards. It would be best to communicate directly with the Canadian manufacturer as to the extent of modification necessary, should you not come within the 12.80(b)(iv) exception. For your information among domestic manufacturers, American Motors built a right hand drive passenger car during the 1967 model year for use by the United States Post Office Department, and it may be that this company plans production of a similar vehicle this year which would be available to you.

If I can be of further assistance, please let me know.

ID: nht68-2.10

DATE: 06/04/68

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

TO: Canadian Embassy

TITLE: FMVSS INTERPRETATION

TEXT: This is in responce to your letters of April 15 and February 15 to Mr. B. A. Boaz of the Office of Public Affairs, Federal Highway Administration.

With reference to a Canadian manufacturer of motor buses you have asked "What safety regulations currently apply to importation of motor buses." Federal Motor Vehicle Safety Standards Nos. 102, 107, 205, and 209 currently apply to all motor buses; in addition, Standard No. 108 applies to motor buses 50 inches or more in overall width. I enclose a copy of the Standards for your guidance, together with a copy of the regulations governing importation of these vehicles.

You have also asked advice as to placing of lights required, vehicle braking requirements, and propane tank installation for "tent camper trailers" and "truck campers" manufactured by Specialites Capri limited of Montreal. Standard No. 108 applies to all trailers 80 or more inches in overall width, and specifies the lighting requirements for these vehicles. Thus far it is the only standard applicable to trailers. Therte are no Federal braking or propane talk installation requirements for these vehicles. The truck camper manufactured by Capri is considered motor vehicle equipment and must conform to the glazing material requirements of Standard No. 205. I enclose a copy of a recent Notice of Ruling Regarding Campers which will be of assistance to Capri.

If there are further questions we shall be glad to answer them, and I am sorry for the delay in responding to you.

ID: nht68-2.11

DATE: 05/27/68

FROM: AUTHOR UNAVAILABLE; David A. Fay; NHTSA

TO: FWD Corporation

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of January 11, 1968, Dr. William Haddon, Jr., concerning the location of headlamps on vehicles which are used for snow plow service. I regret that a clerical error resulted in this late reply to your inquiry.

Snow plows are motor vehicles and subject to regulatory actions as established by the National Traffic and Motor Vehicle Safety Act of 1966.

Motor Vehicle Safety Standard No. 108 requires that vehicles to which the standard is applicable be equipped with headlamps that are located not less than 24 inches nor more than 54 inches above the road surface (see Table II of the standard). This requirement does not prohibit the use of additions) headlamps located at greater heights as illustrated by the photographs enclosed with your referenced letter.

Thank you for writing.