ID: 1083a

Mr. Robert J. Ponticelli
President
American International
1040 Avenida Acaso
Camarillo, CA 93012

Dear Mr. Ponticelli:

This replies to your letter of July 25, 1995, asking for an opinion "on the use of Electro-Luminescent Strip Lighting on motor vehicles." The device in question "is an ornamental light which produces less than .05 candela/sq. inch." You have enclosed a brochure which shows the strip in use as a license plate frame and to mark the sides or perimeter of a vehicle. We assume that you are not asking about the license plate frame but only the "Lighted Pin Striping". The "Lighted Pin Striping" comes in "basic white" but once applied, seven colors of overlay tape are available to change the color. The brochure shows it in shades of blue and pink. You would like our views "on the installation of this product by regulated parties such as new car dealers and non-regulated entities such as aftermarket specialty shops and vehicle owners."

We are pleased to provide you with the interpretation you seek. The basic obligation of a new-car dealer is to deliver a new car that remains in compliance with all the applicable Federal motor vehicle safety standards for which its manufacturer has certified compliance. In other words, the dealer must ensure that none of its actions before the sale of a new vehicle create a noncompliance with a safety standard. Further, if a dealer alters a vehicle before sale other than by the addition, substitution, or removal of readily attachable components, or minor finishing operations such as painting, is required to certify that the altered vehicle continues to meet the standards.

The Federal new vehicle standard that relates to your product is Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. This standard permits a new car dealer to add supplementary lighting equipment such as the luminescent strip if the supplementary equipment does not impair the effectiveness of the lighting equipment required by Standard No. 108. The most common cause of impairment is lighting equipment that creates confusion with, or distraction from, the purpose of any item of required lighting equipment. Under Standard No. 108's lighting scheme, the color of lamps on the front of a vehicle are restricted to white and amber. On the side of the vehicle, side marker lamps and reflectors must be only amber to the front and red to the rear. Rear lighting is red or amber, with the color white permitted for the backup lamp only. The Lighted Pin Striping comes in a variety of colors. Your brochure shows one that is pink or red in color mounted on the front of a vehicle. We believe it possible that a motorist seeing a color of light on the front of the vehicle generally used on the rear or on the side at the rear could be distracted from the driving task. There is also the possibility that the strip would be bright enough to mask and thereby reduce the effectiveness of an adjacent front or rear turn signal, or stop lamp. In general, the agency tries to discourage the use of novelty lighting devices because of the uncertain reaction an unfamiliar light or reflection may cause in other drivers on the roadway. However, the determination as to whether installation of the lighting strip would impair the efficiency of required lighting equipment is initially that of the new car dealer who must determine whether his modifications to a new vehicle might take it out of compliance. Unless that determination is clearly erroneous, NHTSA will not contest it.

With respect to sales in the aftermarket, installation by a manufacturer, distributor, dealer, or motor vehicle repair business of the lighting strip would be prohibited if the use of the strip would, in the words of the statute, "make inoperative" any of the required lighting equipment. We tend to equate "make inoperative" and "impair effectiveness" so that the same considerations would have to be taken into account in installing the lighting equipment on a used as well as a new car. However, this prohibition does not extend to the vehicle owner who, under Federal law, may install the lighting strip regardless of its effect upon compliance.

Nevertheless, even if novelty lighting equipment does not violate Federal law, the ultimate decision of its acceptability is that of the State in which the lighting strip is to be used. It is our understanding that, for example, that California requires any emitted or reflected light from the front of vehicles to be white or yellow in color, which would appear to preclude installation of the lighting strip in colors other than these. For an opinion on the treatment of

the lighting strip under State laws, we suggest that you write for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

If you have any further questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

Sincerely,

John Womack Acting Chief Counsel ref:108 d:8/18/95

ID: 1984-2.31

TYPE: INTERPRETATION-NHTSA

DATE: 07/20/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Southwest Research Institute

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Louis F. Klusmeyer, Senior Research Scientist Southwest Research Institute P.O. Drawer 28510 6220 Culebra Road San Antonio, Texas 78284

Dear Mr. Klusmeyer:

This responds to your letter dated May 15, 1984, regarding the applicable Federal motor vehicle safety standard for compliance testing of the "air over hydraulic" braking system used on certain Nissan heavy duty trucks.

After examining the information provided in your letter and the enclosed diagram of the air over hydraulic braking system, we note that air pressure is used to transmit braking pressure from the driver, not merely to assist the driver in applying muscular force to hydraulic or mechanical components.

When the original final rule was issued on Standard No. 121, Air Brake Systems, the preamble stated:

It should be noted that the term "air brake system" as defined in the standard applies to the brake configuration commonly referred to as "air over hydraulic," in which failure of either medium can result in complete loss of braking ability.

See Federal Register, February 27, 1971, at page 3817.

In 1972, the agency reiterated this interpretation in the preamble to the original final rule on Standard No. 1O5a (now, Standard No. 1O5), Hydraulic Brake Systems:

Standard No. 105a does not apply to vehicles equipped with "air over hydraulic" systems, which remain within the purview of Standard No. 121, Air Brake Systems.

See Federal Register, September 2, 1971, at page 17917. Copies of these pages are enclosed.

Accordingly, the air over hydraulic diesel truck system described in your letter would have to meet the requirements of Standard No. 121 , Air Brake Systems.

You ask whether the air chamber volumes at the "air booster," as it appears in your diagram, could be used in calculating the required air service reservoir capacity or in determining reaction time. This agency agrees that, if the brake actuation to the wheels is hydraulic, then the requirements of Standard No. 121 for air service reservoir capacity and brake application and release timing can be measured at the "air booster" for compliance testing. When a heavy duty truck is equipped with an air over hydraulic brake system, the air booster can be considered the equivalent of the air brake chamber in Standard No. 121.

Sincerely,

Frank Berndt Chief Counsel

Enclosures

15 May 1984

Mr. Frank Berndt, Chief Counsel National Highway Traffic Safety Administration 400 7th Street, S.W. Washington, DC 20590

Dear Mr. Berndt:

Southwest Research Institute (SwRI) has been asked to examine heavy duty trucks produced by Nissan Diesel Motor Co., Ltd. in order to determine compliance with United States standards.

These trucks use a "air-over hydraulic" brake system and there is some question as to the appropriate Federal Motor Vehicle Safety Standard (FMVSS). We are, therefore, requesting a decision from NHTSA as to whether FMVSS standard 105 or FMVSS standard 121 is applicable to these trucks.

The following information may help in this decision:

o The driver uses a treadle valve to operate and control the service brakes.

o Compressed air is used from the treadle valve to the "air booster" and hydraulic brake fluid is used from the "air booster" to the service brakes.

o No hydraulic or mechanical means is used to transmit force from the drivers control to the "air booster" and no air is used to supply actuating force at the individual wheels.

o A complete loss of air pressure causes a complete loss of braking from the service brake system, rather than a reduced capability as would be normal with a "brake power assist unit" or a "brake power unit".

o "Air brake chambers," as such, are not used since brake actuation at the wheels is hydraulic. The air chamber volumes at the "air booster" could possibly be used in calculating required aiu service reservoir capacity or determining reaction time.

A diagram of the braking system is included with this letter as a aid in understanding the system.

If I can provide further information or answer questions for you, please call (512) 684-5111, extension 3017.

Sincerely,

Louis F. Klusmeyer Senior Research Scientist Vehicle Systems Department of Engine and Vehicle Research Engines, Emissions and Vehicle Research Division

LFK/dg Attachment

INSERT GRAPHS

ID: nht92-5.11

DATE: July 24, 1992

FROM: Tim Flagstad

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 8/12/92 from Paul J. Rice to Tim Flagstad (A39; Part 591; Std. 115; VSA 1392)d))

TEXT:

I am writing in regards to your letter dated July 20, 1992. In your letter you reffer to Joan Moniz stating that "the truck bears no certification label". I can not say if the 1981 Kenworth VIN. #M911042 has a certification label on it now that it is in Hawaii. I do know that the truck had one when it came through Customs and when we had posession of the truck here in Calif.

To title the truck in California we had to supply Calif. DMV with a 'Verification of Vehicle Certificate'. We had a licensed Vin Verifier verify the Vin number along with the Federal Certification Label. We were given a signed DMV Verification of Vehicle Form attesting to the VIN # and it's location and to the presence of a Federal Certification Label and that it agrees with the VIN. number. This was submitted to the Calif. DMV along with the other title documents.

I also have several photos that were sent to me of the truck when it was in Canada by the Dealer I bought the truck from. One shows the cab with the driver's door open and the certification label is visible on the door edge.

I can attest to having seen the label myself when the truck was here. I have spoken to the Dealer I bought the truck from and he says he inspected the truck personally before it went to Customs and that the label was definitly on the truck.

I have spoken to the Kenworth Truck Co. and was told that if the Certification Label is missing a factory replacement would be available if the truck is brought to the local Kenworth Dealership for inspection and affixing the label.

As the Certification Label was on the truck at the time it came through Customs, how would this affect the entry status of this vehicle? Would you please clarify this for me?

Could you please fax me your written response to this letter to (619) 477-6249 and mail the original to: Tim Flagstad, 220 W. 14th St. National City, Ca. 91950.

ID: nht90-3.32

TYPE: Interpretation-NHTSA

DATE: July 27, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Ron Boucher -- Energy Savings Systems

TITLE: None

ATTACHMT: Letter dated 5-29-90 to NHTSA Office of Chief Counsel from R. Boucher; (OCC 4837); also attached to letter dated 5-17-90 to Miss Carnes from R. Boucher; (OCC 4824) TEXT:

Thank you for your letter asking whether the products you plan to market would comply with the laws and regulations administered by this agency. As explained below, the laws and regulations administered by this agency would not be applicable to these pro ducts.

Enclosed with your letter were two brochures describing the "Signal Flash" personal identification lights. The brochure included pictures and descriptions of several different types of battery-powered lights that are small enough to be carried on one's person, and include straps that make them suitable to be carried on one's arm, around one's wrist, or inserted into a life preserver. The brochures describe these "Signal Flash" lights as suitable for use in "diving, mountaineering, jogging, sailing, wi ndsurfing, cycling, fishing, car breakdown, life jacket, etc."

The National Traffic and Motor Vehicle Safety Act (the Safety Act) authorizes this agency to regulate "motor vehicles" and items of "motor vehicle equipment." Section 102(4) of the Safety Act (15 U.S.C. 1391(4)) defines "motor vehicle equipment", in par t, as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to t he motor vehicle...

Your "Signal Flash" lights are plainly not a "system, part, or component of a motor vehicle as originally manufactured," nor are they a "similar part or component manufactured or sold for replacement or improvement" of an original equipment part of a mot or vehicle. The issue is whether these lights would be considered an "accessory" within the meaning of the Safety Act. In determining whether an item of equipment is considered an "accessory," the agency applies the relevant statutory language and the two following criteria: first, whether a substantial portion of the expected uses of the item are related to the operation or maintenance of motor vehicles, and second, whether the item is intended to be used principally by ordinary users of motor vehic les.

In evaluating the first criterion, the product literature enclosed with your letter emphasizes the versatility of these personal identification lights. While these lights occasionally may be used in connection with a motor vehicle breakdown or repair, m ost of the suggested uses involve sports activities that have nothing to do with a motor vehicle. Thus, a substantial portion of the expected uses of the light would not appear

related to the operation or maintenance of a vehicle, so these "Signal Flash" lights would not be considered items of "motor vehicle equipment." This conclusion means that the "Signal Flash" lights are not subject to any of the laws and regulations admin istered by this agency.

You may wish to consult the U.S. Consumer Product Safety Commission to learn if they have any requirements applicable to these lights. That agency protects the public against unreasonable risks of injury from consumer products. You may write to the Con sumer Product Safety Commission at 5401 Westbard Avenue, Bethesda, MD 20207, or contact them by telephone at (301) 492-6580.

I hope this information is helpful. If you have any further questions or need any additional information, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

ID: 86-1.7

TYPE: INTERPRETATION-NHTSA

DATE: 01/06/86

FROM: J.L HENDRICKS -- PRODUCT ENVIRONMENTAL MANAGER, CUMMINGS ENGINE COMPANY INC

TO: ERIKA JONES -- OFFICE OF CHIEF COUNSEL NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 08/04/86, TO J.L. HENDRICKS FROM ERIKA Z. JONES, REDBOOK A29; PART 573.7

TEXT: Dear Ms. Jones:

Cummins Engine Company, Inc. manufactures both on and off-highway heavy-duty diesel engines and related engine products. Cummins is a non-integrated engine manufacturer and, therefore, has no control over which chassis or engine combination the Original Equipment Manufacturer (OEM) will select as the final vehicle configuration.

The problem I wish to address, and solicit assistance from your office, deals with the difficulty of non-integrated engine manufacturers identifying ultimater purchasers as required by 49 CFR, Part 573, 573.7 "Purchaser and Owner List," during safety defect campaign.

Cummins Engine Company recently experienced a voluntary safety recall campaign (NTSA 85E-016) regarding a potential defective assembly of a fuel pump throttle lever. During Cummins' attempts to survey state registration records we have discovered that the State of Connecticut requires a formal declaration of vehicle identification numbers (VIN'S) and justification regarding the reason for conducting a search of justification regarding the reason for conducting a search of their vehicle registration files. Additionally, this process requires the services of a third party agent who, by some contractual agreement, obtains the registration information, and after approval of the specific authority, develops appropriate information and analysis computer tapes for re-sale.

Cummins primary concern does not deal with the reasons each state may have in designing security measures for vehicle registration; on the contrary, we respect the right of individual privacy and the measures each state may use to safeguard their private citizens. However, we are concerned about the additional length of time required to notify each owner under Connecticut's present system.

Unlike light-duty passenger car owners, which tend to be stationary, heavy-duty truck owner/operators can be very mobile in their operations and registration practices. Often times the owner/operator has either moved their operations to take advantage of various freight markets, or has transferred ownership for many diverse reasons. In many instances we cannot provide the respective state bureau of motor vehicles with a current owner name at the time we are soliciting information due to lead time constraints and the mobility of owner/operators.

In an attempt to improve our ability to notify consumers during safety recall campaigns, Cummins is requesting that your office forward a letter to the state of Connecticut Bureau of Motor Vehicles and solicit their assistance in negotiating with Cummins, a program that could mutually protect their citizenry and enable us to maintain an on-going system to obtain vehicle registration on a timely basis.

Cummins would also appreciate a review of all states' policies regarding the accessibility of vehicle registrations. Preferably Cummins would encourage each state Department of Motor Vehicles to allow direct negotiations between them and manufacturers, without the delay of third party agents. However, that is a level of detail for negotiation with each of the respective states.

The following Connecticut contact person and address is being provided for your disposition:

Letter to: Honorable Benjamin A. Muzio

Commissioner Department of Motor Vehicles 60 State Street Wethersfield, CT 06109

Copy to: Honorable Peter Russo Assistant Commissioner

Because of the potential safety exposure to our trucking patrons during safety recall campaigns, we request your response to this issue as soon as possible.

Sincerely,

ID: nht81-1.27

DATE: 03/05/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Toler & Associates

TITLE: FMVSR INTERPRETATION

TEXT:

March 5 1981

NOA-30

Mr. Bob Toler, Jr. Toler & Associates P.O. Box 43117 Birmingham, Alabama 35243

Dear Mr. Toler:

This responds to your letter of January 5, 1981, requesting information about Federal regulations which apply to Ready-Mix Concrete Trailers with a GVWR of 5,000 pounds and a Dico #6 drop surge actuator hydraulic brake system.

The National Highway Traffic Safety Administration issues safety standards for "motor vehicles." A trailer is generally considered to be a "motor vehicle" if the manufacturer expects that it will use public highways as part of its intended function. We have enclosed a pamphlet prepared by the agency which more fully discusses the meaning of "motor vehicle."

Mr. Bloom has informed this office that in discussing with you the applicability of Federal motor vehicle safety standards, he meant only to indicate that Safety Standard No. 105, Hydraulic Brake Systems, does not apply to trailers. The following safety standards issued by this agency do apply to trailers: Safety Standard No. 106, Brake Hoses; No. 108, Lamps, Reflective Devices, and Associated Equipment; No. 115, Vehicle Identification Number; No. 116, Motor Vehicle Brake Fluids; No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars; No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars; and No. 121, Air Brake Systems. The air brake standard would not, of course, apply to a hydraulic braked trailer.

A manufacturer of a trailer is required to certify the compliance of the trailer to these Federal safety standards. Part 566 of our regulations, Manufacturer Identification (49 CFR 566), specifies information which must be submitted to the NHTSA by manufacturers of motor vehicles, including trailers. Part 567, Certification (49 CFR 567), specifies the content of the certification label or tag that must be attached to motor vehicles regulated by our standards.

We have enclosed a pamphlet prepared by the agency which gives a brief summary of the requirements and applicability of each of the Federal motor vehicle safety standards (issued as of August 1978). However, because of the volume of these standards, we do not provide copies directly. We have enclosed an information sheet which explains how you can obtain up-to-date copies of our standards and other regulations.

In addition to our regulations, you may also wish to check the applicability of safety regulations issued by the Bureau of Motor Carrier Safety. Unlike our regulations, which apply to all motor vehicles, Bureau of Motor Carrier Safety regulations essentially only apply to vehicles used in interstate commerce. For example, if a customer plans to use one of your trailers for work in more than one State, the trailer should meet Bureau of Motor Carrier Safety regulations. For more information about the applicability and content of these regulations, we suggest that you write the Bureau of Motor Carrier Safety at the following address:

Bureau of Motor Carrier Safety Federal Highway Administration 400 7th Street, S.W. Washington, D.C. 20590

Sincerely,

Frank Berndt Chief Counsel

Enclosures

January 5, 1981

NHTSA Office of Chief Counsel 400-7th Street SW Washington, D. C. 20590

Re: Federal Regulations Regarding Concrete Trailers with Brakes Hydraulic

Gentlemen:

On December 28, 1980, I talked to Vern Bloom with the Department of Transportation in Washington, D. C. regarding the above reference.

We are in the process of manufacturing Ready-Mix Concrete Trailers with a GVWR of 5,000 pounds and a Dico #6 drop surge actuator hydraulic brake system. Mr. Bloom said D.O.T. had no regulations on the above trailer.

To insure we manufacture according to regulations please send a letter regarding verification of no regulations or regulations we need to comply with.

Your prompt attention and reply is appreciated.

Sincerely,

Bob Toler, Jr.

BT,jr./bt

ID: nht93-5.28

TYPE: INTERPRETATION-NHTSA

DATE: July 21, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Margaret W. Mouzon -- Mouzon Information Services

TITLE: None

ATTACHMT: Attached to letter dated 6/4/93 from Margaret W. Mouzon to Mary Versailles (OCC-8765), letter dated 3/4/93 from John Womack to Robert A. Ernst, and letter dated 1/19/90 from Stephen P. Wood to Linda L. Conrad (Std. 208)

TEXT:

This responds to your letter of June 4, 1993, requesting information on dealer responsibility for occupant restraint system installation. You asked if a dealer is required to replace a deployed air bag prior to selling a used car. You also asked if the air bag must be operable when a dealer sells a showroom or demonstration model of an "otherwise new" car.

With regard to your first question, I am enclosing two letters that explain legal obligations to replace air bags which have been deployed. The first letter, dated January 19, 1990, is to Ms. Linda L. Conrad. The second letter, dated March 4, 1993, is to Mr. Robert A. Ernst. As explained in those letters, Federal law does not require replacement of a deployed air bag in a used vehicle. In addition, there is no Federal law that prohibits selling a used vehicle with a supplemental restraint that is inoperable because of a previous deployment. However, our agency strongly encourages dealers and repair businesses to replace deployed air bags whenever vehicles are repaired or resold, to ensure that the vehicles will continue to provide maximum crash protection for occupants. Moreover, a dealer or repair business may be required by state law to replace a deployed air bag, or be liable for failure to do so.

With regard to your second question, section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (the Safety Act; U.S.C. 1397(a)(1)(A)) specifies that, "No person shall manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard ..." (Emphasis added) Section 108(b)(1) of the Safety Act (15 U.S.C. 1397(b)(1)) provides that the prohibitions in section 108(a)(1)(A) "shall not apply to the sale, offer for sale, or the introduction or delivery for introduction in interstate commerce of any motor vehicle after the first purchase of it in good faith for purposes other than resale." Because of these statutory requirements, a dealership cannot legally sell or offer for sale a new car equipped with an air bag installed to meet the requirements of Standard No. 208, Occupant Crash Protection, if the air bag is not functional. A showroom or demonstration model would be considered a new car, as it has never been sold for purposes other than resale.

I am also enclosing a copy of the information sheet referred to in the two letters discussed above. I hope you find this information helpful. If

you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

ID: 1985-03.32

TYPE: INTERPRETATION-NHTSA

DATE: August 18, 1985

FROM: John Womack -- Acting Chief Counsel, NHTSA; Signature by Weinstein

TO: Robert J. Ponticelli -- President, American International

TITLE: NONE

ATTACHMT: ATTACHED TO 7/25/95 LETTER FROM ROBERT J. PONTICELLI TO JOHN WOMACK (OCC 11083)

TEXT: Dear Mr. Ponticelli:

This replies to your letter of July 25, 1995, asking for an opinion "on the use of Electro-Luminescent Strip Lighting on motor vehicles." The device in, question "is an ornamental light which produces less than .05 candela/sq. inch." You have enclosed a brochure which shows the strip in use as a license plate frame and to mark the sides or perimeter of a vehicle. We assume that you are not asking about the license plate frame but only the "Lighted Pin Striping". The "Lighted Pin Striping" comes in "basic white" but once applied, seven colors of overlay tape are available to change the color. The brochure shows it in shades of blue and pink. You would like our views "on the installation of this product by regulated parties such as new car dealers and non-regulated entities such as aftermarket specialty shops and vehicle owners."

We are pleased to provide you with the interpretation you seek: The basic obligation of a new-car dealer is to deliver a new car that remains in compliance with all the applicable Federal motor vehicle safety standards for which its manufacturer has certified compliance. In other words, the dealer must ensure that none of its actions before the sale of a new vehicle create a noncompliance with a safety standard. Further, if a dealer alters a vehicle before sale other than by the addition, substitution, or removal of readily attachable components, or minor finishing operations such as painting, is required to certify that the altered vehicle continues to meet the standards.

The Federal new vehicle standard that relates to your product is Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. This standard permits a new car dealer to add supplementary lighting equipment such as the luminescent strip if the supplementary equipment does not impair the effectiveness of the lighting equipment required by Standard No. 108. The most common cause of impairment is lighting equipment that creates confusion with, or distraction from, the purpose of any item of required lighting equipment. Under Standard No. 108's lighting scheme, the color of lamps on the front of a vehicle are restricted to white and amber. On the side of the vehicle, side marker lamps and reflectors must be only amber to the front and red to the rear. Rear lighting is red or amber, with the color white permitted for the backup lamp only. The Lighted Pin Striping comes in a variety of colors. Your brochure shows one that is pink or red in color mounted on the front of a vehicle. We believe it possible that a motorist seeing a color of light on the front of the vehicle generally used on the rear or on the side at the rear could be distracted from the driving task. There is also the possibility that the strip would be bright enough to mask and thereby reduce the effectiveness of an adjacent front or rear turn signal, or stop lamp. In general, the agency tries to discourage the use of novelty lighting devices because of the uncertain reaction an unfamiliar light or reflection may cause in other drivers on the roadway. However, the determination as to whether installation of the lighting strip would impair the efficiency of required lighting equipment is initially that of the new car dealer who must determine whether his modifications to a new vehicle might take it out of compliance. Unless that determination is clearly erroneous, NHTSA will not contest it.

With respect to sales in the aftermarket, installation by a manufacturer, distributor, dealer, or motor vehicle repair business of the lighting strip would be prohibited if the use of the strip would, in the words of the statute, "make inoperative" any of the required lighting equipment. We tend to equate "make inoperative" and "impair effectiveness" so that the same considerations would have to be taken into account in installing the lighting equipment on a used as well as a new car. However, this prohibition does not extend to the vehicle owner who, under Federal law, may install the lighting strip regardless of its effect upon compliance.

Nevertheless, even if novelty lighting equipment does not violate Federal law, the ultimate decision of its acceptability is that of the State in which the lighting strip is to be used. It is our understanding that, for example, that California requires any emitted or reflected light from the front of vehicles to be white or yellow in color, which would appear to preclude installation of the lighting strip in colors other than these. For an opinion on the treatment of the lighting strip under State laws, we suggest that you write for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

If you have any further questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

ID: 8765

Ms. Margaret W. Mouzon
Mouzon Information Services
2687 Apple Way
Ann Arbor, MI 48104-1801

Dear Ms. Mouzon:

This responds to your letter of June 4, 1993, requesting information on dealer responsibility for occupant restraint system installation. You asked if a dealer is required to replace a deployed air bag prior to selling a used car. You also asked if the air bag must be operable when a dealer sells a showroom or demonstration model of an "otherwise new" car.

With regard to your first question, I am enclosing two letters that explain legal obligations to replace air bags which have been deployed. The first letter, dated January, 19, 1990, is to Ms. Linda L. Conrad. The second letter, dated March 4, 1993, is to Mr. Robert A. Ernst. As explained in those letters, Federal law does not require replacement of a deployed air bag in a used vehicle. In addition, there is no Federal law that prohibits selling a used vehicle with a supplemental restraint that is inoperable because of a previous deployment. However, our agency strongly encourages dealers and repair businesses to replace deployed air bags whenever vehicles are repaired or resold, to ensure that the vehicles will continue to provide maximum crash protection for occupants. Moreover, a dealer or repair business may be required by state law to replace a deployed air bag, or be liable for failure to do so.

With regard to your second question, section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1397(a)(1)(A)) specifies that, "No person shall manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard ..." (Emphasis added) Section 108(b)(1) of the Safety Act (15 U.S.C. 1397(b)(1)) provides that the prohibitions in section 108(a)(1)(A) "shall not apply to the sale, offer for sale, or the introduction or delivery for introduction in interstate commerce of any motor vehicle after the first purchase of it in good faith for purposes other than resale." Because of these statutory requirements, a dealership cannot legally sell or offer for sale a new car equipped with an air bag installed to meet the requirements of Standard No. 208, Occupant Crash Protection, if the air bag is not functional. A showroom or demonstration model would be considered a new car, as it has never been sold for purposes other than resale.

I am also enclosing a copy of the information sheet referred to in the two letters discussed above. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosures

ref:VSA#208 d:7/21/93

ID: nht69-1.33

DATE: 07/14/69

FROM: AUTHOR UNAVAILABLE; L. R. Schneider; NHTSA

TO: Interamerican Motor Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of May 27 in which you request information necessary to obtain a D.O.T. number and import "Pneumant" tires. The information furnished below concerns only those requirements of the Department of Transportation.

Regulations promulgated pursuant to Section 110(e) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. @ 1391 et seq., 1399(e)) require any manufacturer, assembler, or importer of a motor vehicle before offering a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his agent upon whom service of all processes, notices, orders, decisions, and requirements, may be made.

The manufacturer of "Pneumant" tires is therefore required to designate an agent is prescribed in the regulations (49 C.F.R. @ 351.45) and I enclose a copy of them, as well as a copy of the National Traffic and Motor Vehicle Safety Act, for your information.

Please note that these regulations require the designation to be made in a specific manner. The designation should contain the following:

(1) a certification by the signer of the designation that it is binding on the manufacturer of "Pneumant" tires under the laws, corporate by-laws, or other requirements governing the making of the designation by the manufacturer of "Pneumant" tires at the place and time where it is made;

(2) the full legal name, principal place of business, and mailing address of the manufacturer of "Pneumant" tires;

(3) trade names, or other designations of origin of the products of the manufacturer of "Pneumant" tires which do not bear its legal name;

(4) a provision that the designation remains in effect until withdrawn or replaced by the manufacturer of "Pneumant" tires;

(5) a declaration of acceptance duly signed by the designated agent; and,

(6) the full legal name and mailing address of the designated agent.

In addition, the designation should be signed by one with authority to appoint the agent for the manufacturer of "Pneumant" tires, and this authority should be so indicated.

In your letter you state that it is your understanding that "all tires used in this Country are subject to approval which will be given in form of a D.O.T. number." This is incorrect. There is no provision in the National Traffic and Motor Vehicle Safety Act which provides that motor vehicles and motor vehicle equipment are to be approved by the United States Government. On the contrary, under this Act the manufacturer of the motor vehicle or item of motor vehicle equipment bears the responsibility for complying with Federal Motor Vehicle Safety Standards promulgated pursuant to the Act; and, pursuant to Section 114 of the Act for certifying that his product so complies. In the case of tires, the applicable standard is Standard No. 109 and I enclose a copy of it with applicable amendments for your reference. Standard No. 109 contains requirements for new pneumatic tires for passenger cars, and in order to meet the requirements of the Act, "Pneumant" tires must comply with Standard No. 109. Furthermore, the manufacturer of these tires must certify in the prescribed manner that such tires so comply.

The "D.O.T. number" to which you refer is required by Section 201 of the Act and the labelling section (S.4.3 and "Figure 1") of Standard No. 109. As specified in the standard, the letters "D.O.T.", when permanently molded into or onto the tire so that the tire is conspicuously labelled on both sidewalls, indicate pursuant to S.4.3(1) and Figure 1 of Standard No. 109, that the tire has been manufactured to conform to applicable Federal Motor Vehicle Safety Standards. This satisfies the certification requirement referred to above.

The code mark number is included as part of the label (as illustrated in Figure 1) pursuant to Section 201 of the Act, when the tire contains a brand name other than the name of the manufacturer, and is included for the purpose of permitting the seller of the tire to identify the manufacturer to the purchaser upon his request.

A code mark number can be obtained from the Department of Transportation by any tire manufacturer on request, but is only necessary when a name other than the manufacturer's is used on the tire. Such a request should be directed to Secretary of Transportation; Attention: Motor Vehicle Safety Performance Service, National Highway Safety Bureau, Federal Highway Administration, U. S. Department of Transportation, Washington, D.C. 20591. Issuance of the code mark number by the government that tires manufactured by the one to whom it is issued meet Federal requirements. As indicated above, the code mark number is to be used purely for labelling purposes.

I am also enclosing a copy of Federal Highway Administration Import Regulations, (19 C.F.R. @ 12.80) which are promulgated jointly with the Treasury Department pursuant to Section 108(b)(3) of the Act for your information.

Should you have further questions, please feel free to contact me.