ID: nht94-2.82

TYPE: INTERPRETATION-NHTSA

DATE: May 12, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Jerry Schwebel -- Executive Vice President, Travel Safety Children's Products, Inc.

TITLE: None

ATTACHMT: Attached To Letter Dated 11/9/93 From Jerry Schwebel To Walter Myers (OCC-9316)

TEXT: Dear Mr. Schwebel:

This responds to your letter to Mr. Walter Myers of my staff asking about a particular feature of your "air-filled car seat" and how Federal Motor Vehicle Safety Standard No. 213, "Child Restraint Systems," would apply. I apologize for the delay in resp onding.

Your letter and the promotional literature you enclosed describe the car seat as having a 5-point belt system to provide upper and lower torso restraint. The seat also has a strap that crosses in front of the child's chest, that attaches to each side of the child seat "to offer additional side impact protection by keeping the leading side of the seat attached to the opposite side so as to prevent the child from rolling out." You state that the strap is not part of the primary restraint system and is no n-load bearing in a frontal impact. You ask if there is any problem with the strap feature.

By way of background information, the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. @ 1381, et seq. (Safety Act), authorizes the National Highway Traffic Safety Administration (NHTSA), to issue Federal motor vehicle safety standards for new mo tor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the facts set forth in your letter.

Standard 213 specifies requirements for child restraint systems used in motor vehicles and aircraft, to reduce the number of children killed or injured in motor vehicle crashes and in aircraft. S5.2.2, "Torso impact protection," states in part that each add-on, forward-facing child restraint system

shall have no fixed or movable surface . . . [d]irectly forward of the dummy and intersected by a horizontal

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line . . . parallel to the SORL [seat orientation reference line illustrated in Figure 1A of the standard] . . . and passing through any portion of the dummy, except for surfaces which restrain the dummy when the system is tested in accordance with S6.1. 2.1.2, so that the child restraint system shall conform to the requirements of S5.1.2 and S5.1.3.1.

The purpose of S5.2.2 is to prohibit child seats from having any surface or component that can be mistaken by motorists to be a means of adequately restraining the child occupant in a crash. 43 FR 21470, 21475 (May 18, 1978). A strap in front of the dum my would be prohibited by S5.2.2, unless it is provided to restrain the dummy in S6.1.2.1.2's dynamic test so that the system conforms to Standard 213's injury criteria for head and chest accelerations and occupant excursion. Since you indicate the stra p is not meant to be load bearing in a frontal impact, it does not appear that the strap would perform adequately. n1 Accordingly, it appears the strap is prohibited.

n1 The strap may be installed if it provides adequate protection. To measure the adequacy of the performance of a child seat with such a strap, the child seat will be tested at 20 mph with the strap placed in front of the child, but without the dummy strapped into the restraint system. The child seat must pass the occupant excursion and other dynamic performance requirements without use of the primary restraint system. See, test procedures for 20 mph test, S6.1.2.1.2, S6.1.2.3.1(c)(ii).

I hope this information is helpful. If you have any further questions or need additional information, please call Ms. Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,

ID: nht94-2.83

TYPE: INTERPRETATION-NHTSA

DATE: May 12, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: David Fabrycky

TITLE: None

ATTACHMT: Attached To Letter Dated 12/4/93 From David Fabrycky To NHTSA Chief Counsel (OCC-9433)

TEXT: Dear Mr. Fabrycky:

This responds to your letter about an aftermarket product you wish to manufacture. The product is a child safety seat buckle shield, which is intended to prevent a child from opening the buckle on a child restraint system. You state that your device wou ld cover the buckle and prevent the child from gaining access to the pushbutton of a child seat buckle. To depress the pushbutton, the device requires that a latch be actuated and the cover pivoted away from the buckle. You indicated that the device re quires "manual dexterity to exert the forces in many directions simultaneously."

Although we understand your concern that young children not be able to easily unbuckle a child safety seat, we have reservations about devices that interfere with the unbuckling of the seats. I hope the following discussion explains those reservations a nd answers the questions in your letter about the effect of our regulations on your product.

Our agency has the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Safety Standard No. 213, "Child Restraint Systems," which applies to all new child restraint systems sold in this country. However, Standard 213 does not apply to aftermarket items for child restraint systems, such as your buckle shield. Hence, you are not required to certify that this product complies with Standard 213 before selling the product.

Additionally, you are not required to get "approval" from this agency before selling the buckle shield. NHTSA has no authority to "approve" motor vehicles or motor vehicle equipment, nor do we endorse any commercial product. Instead, the National Traff ic and Motor Vehicle Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates alleged safety-related defects.

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Although we do not have any standards that directly apply to your product, there are several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your buckle shield are subject to the requirements in sections 151-1 59 of the Safety Act concerning the recall of products with defects related to motor vehicle safety. The agency does not determine the existence of safety defects except in the context of a defect proceeding, and thus is unable to say whether your produ ct might or might not contain such a defect. However, the agency is concerned that people be able to easily and quickly operate a child safety seat buckle in an emergency. As the agency said in a rule on the force level necessary to operate child restr aint buckles:

The agency's safety concerns over child restraint buckle force release and size stem from the need for convenient buckling and unbuckling of a child and, in emergencies, to quickly remove the child from the restraint. This latter situation can occur in instances of post-crash fires, immersions, etc. A restraint that is difficult to disengage, due to the need for excessive buckle pressure or difficulty in operating the release mechanism because of a very small release button, can unnecessarily endanger the child in the restraint and the adult attempting to release the child. (50 FR 33722; August 21, 1985)

It appears that your product could significantly increase the difficulty of using the buckle release and thus hinder a person attempting to release the belt in an emergency.

In addition, use of your product could be affected by section 108(a)(2)(A) of the Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in an item of motor vehicle equipment, such as a child safety seat, in compliance with the Federal motor vehicle safety standards. In determining the effect of a buckle shield on a child seat's compliance with Standard 213, NHTSA would evaluate the performance of the seat with the buckle shield i nstalled. Standard 213 specifies several elements of design with which a child restraint system is unlikely to comply if your buckle shield were installed. Section S5.4.3.5 of Standard 213 requires the pushbutton release for any buckle on a child restr aint to have a minimum area for applying the release force. Since your device will completely cover the buckle when installed, the buckle shield would cause the child restraint to no longer comply with this requirement. That section also requires the b uckle to release when a specified maximum force is applied. Your device will not allow the buckle to release when the force is applied because it will cover the buckle and require force to be applied "in many directions simultaneously." Your device woul d thus cause the child restraint to no longer comply with that requirement. Therefore, commercial establishments cannot

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legally install your device on customers' child safety seats. In addition, section S5.7 of Standard 213 requires each material used in a child restraint system to comply with the flammability resistance requirements of Standard 302, "Flammability of Int erior Materials." If your buckle shield does not comply with the requirements of Standard 302, commercial establishments cannot legally install your device.

The prohibition of section 108(a)(2)(A) does not apply to individual vehicle owners who may install or remove any items on child restraint systems regardless of the effect on compliance with Standard 213. However, our policy is to encourage child restra int owners not to tamper with or otherwise degrade the safety of their child restraints.

I hope this information is helpful. If you have any further questions, please contact Ms. Deirdre Fujita of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

ID: nht94-2.84

TYPE: INTERPRETATION-NHTSA

DATE: May 12, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Martin M. Sackoff -- Executive Director Of Laboratories, International Testing Laboratories

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 2/7/94 FROM MARTIN M. SACKOFF TO NHTSA OFFICE OF CHIEF COUNCIL (OCC - 9646)

TEXT: Dear Dr. Sackoff:

This responds to your letter to this agency with reference to Federal Motor Vehicle Safety Standard No. 109, New Pneumatic Tires.

Your specific question addressed S 4.2.2.4, Tire strength, which states: "Each tire shall meet the requirements for minimum breaking energy specified in Table I when tested in accordance with S 5.3." You asked for an interpretation of the term "breaking, " whether it means a blowout of the tire or the breaking of the tire caused by the plunger used in the test specified in the standard.

The breaking energy test is a measure of the resistance of the tire to bruise or damage due to impact of the tire with road hazards. This agency tests such resistance in accordance with the procedures of S5.3, Tire strength, of the standard. In that te st, a cylindrical steel plunger is forced perpendicularly into the tire rib at the rate of 2 inches per minute at five test points equally spaced around the circumference of the tire. The inch-pounds of force required to push the plunger into the tire i s continuously monitored. As the plunger pushes into the tire, the resistance to the plunger force increases. That resistance requires ever-increasing force applied to the plunger to continue pushing it into the tire. Ultimately, one of two things wil l happen:

1. The plunger will push all the way to the rim; or

2. The tire cords, plies, innerliner, or other components of the tire will stretch, separate, crack or break so that the resistance pressure of the tire diminishes. The "breaking" of the tire at that point does not require an actual blow-out although , obviously, a blow-out would constitute a "breaking."

The plunger force is measured just prior to contact with the rim as in 1 above or just prior to the force reduction

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described in 2 above. The measured force is then combined with the penetration of the plunger into the tire as specified in S5.3.2.3 and S5.3.2.4 of the standard. The breaking energy value of the tire is then determined by computing the average of the values obtained at the five test locations on the tire. Table I, Appendix A of the standard specifies the minimum breaking energy of tires based on tire type, size, composition, and inflation pressure.

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

ID: nht94-2.85

TYPE: Interpretation-NHTSA

DATE: May 16, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Norman Duncan -- President, Study-Tech, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 3/10/94 from Norman Duncan to Rodney Slater (OCC-9882) and letter dated 10/22/93 from John Womack to Thomas G. Cehelnik

TEXT:

The Federal Highway Administration has forwarded your letter of March 10, 1994, for reply. You request "an interpretation of the existing vehicle code as it may apply to a safety warning system that our corporation has devised."

Our agency issues the Federal Motor Vehicle Safety Standards that apply to new motor vehicles, pursuant to the National Traffic and Motor Vehicle Safety Act ("the Act'). Our Standard No. 108 LAMPS, REFLECTIVE DEVICES, AND ASSOCIATED EQUIPMENT is the regu lation that governs the performance of lighting equipment that is required on new motor vehicles and determines whether optional lighting equipment is acceptable. As you have described it, the "Early-Warning Slow Down Safety Light" will automatically be activated when a vehicle decelerates. The system will operate through the stop lamps, but, alternatively, it could employ separate lamps mounted on the rear deck.

Your system is similar to others which have been suggested over the years, and we therefore do not feel that a demonstration is necessary as you have offered. With respect to operation of your system through the stop lamps, as you will see from our lette r of October 22, 1993, to Dr. Cehelnik, a copy of which I have enclosed, automatic activation of the stop lamps is not permitted by Standard No. 108 which allows the stop lamps to operate only when the brake pedal is applied.

As for operation of your system through a separate lamp system, paragraph S5.1.3 of Standard No. 108 permits supplementary lighting equipment provided that it does not impair the effectiveness of lighting equipment required by the standard. Were your sep arate warning system to utilize red lenses, we believe that it could impair the effectiveness of the required stop lamps by sending at times a false signal; not every deceleration is followed by braking, and the operation of your system when not followed by brake application activating the stop lamps could be confusing to a following driver. On the other hands, if your system utilized amber lenses, we believe that impairment would be unlikely to exist because the public associates this color with the ne ed for caution.

The Act itself governs acceptability of your system in the aftermarket (i. e. , installed on vehicles in use). Section 108 (a) (2) (A) prohibits manufacturers, dealers, distributors, and motor vehicle repair businesses from knowingly rendering inoperativ e, in whole or in part, any device or element of design installed in accordance with Standard No. 108 and all other safety standards. We interpret this where possible as equating inoperability with impairment. Thus, we would view installation of your

system by the persons named above as violative of the Act if it operated through the stop lamp system or if it were a separate lamp system with red lenses.

Even where a supplementary lighting system may be permitted under Federal laws and regulations, it remains subject to the laws of the individual states where the system will be operated. We are unable to advise you on State laws, and suggest that you wri te for an opinion to: American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

ID: nht94-2.86

TYPE: INTERPRETATION-NHTSA

DATE: May 16, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Fred Carr -- Engineer, Utilimaster

TITLE: None

ATTACHMT: Attached To Letter Dated 4/21/94 From Fred Carr To John Womack (OCC-9912)

TEXT: Dear Mr. Carr:

This responds to your question asking whether Federal Motor Vehicle Safety Standard No. 211, Wheel nuts, wheel discs, and hub caps, applies to "motor vehicle equipment relating to light duty, medium duty, and heavy duty trucks or truck manufacturers." As explained below, Standard No. 211 does not apply to trucks, or truck equipment.

S2. Application of Standard No. 211 states the following:

This standard applies to passenger cars, multipurpose passenger vehicles, and passenger car and multipurpose passenger vehicle equipment.

"Multipurpose passenger vehicle" is defined at 49 CFR @ 571.3 as a motor vehicle designed to carry 10 persons or less, which is constructed either on a truck chassis or with special features for occasional off-road operation. Since Standard No. 211 appl ies only to passenger cars, multipurpose passenger vehicles, and their equipment, Standard No. 211 does not apply to trucks, or truck equipment. "Truck" is defined at 49 CFR @ 571.3 as a motor vehicle designed primarily for the transportation of propert y or special purpose equipment. Accordingly, manufacturers of trucks or truck equipment are not required to certify their trucks and truck equipment to the requirements of Standard No. 211.

I hope this information is helpful. If there are any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

ID: nht94-2.87

TYPE: INTERPRETATION-NHTSA

DATE: May 16, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Fred Benford -- 100+ Motoring Accessories

TITLE: None

ATTACHMT: Attached To Letter Dated 4/18/94 From Fred Benford To John womack (OCC-9891)

TEXT: Dear Mr. Benford:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 211, Wheel nuts, wheel discs and hub caps. You wrote that your company manufactures aluminum wheel covers without "protruding objects." You requested confirmation that the wheel covers do not violate any FMVSS. Our response is provided below.

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

Standard No. 211 regulates wheel nuts, wheel discs, and hub caps. Since "wheel discs" encompasses wheel covers, your company's wheel covers are subject to Standard No. 211. S4. Requirements of Standard No. 211 states in part:

As installed on any physically compatible combination of axle and wheel rim, wheel nuts, wheel discs, and hub caps for use on passenger cars and multipurpose passenger vehicles shall not incorporate winged projections . . .

In your letter, you stated that your wheel covers do not have any "protruding objects." Since Standard No. 211 prohibits wheel discs (covers) with "winged projections," if your company's wheel covers do not incorporate "winged projections," the wheel cov ers would satisfy Standard No. 211. "Winged projection" is defined at S3.2 of Standard No. 211 as an exposed cantilevered appendage that projects radially from a wheel disc and that typically has front, edge, and/or rear surfaces which are not in contac t with the wheel when the wheel disc is installed on the axle.

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You also asked whether wheel covers made of aluminum violate any FMVSS. The answer is no, because Standard No. 211 does not specify materials for use in wheel covers. However, since wheel covers are "motor vehicle equipment," your company must ensure t hat the wheel covers are free of safety-related defects under the Safety Act. Sections 151-159 of the Safety Act concern the recall and remedy of products with defects related to motor vehicle safety. In the event that your company or NHTSA determines that the wheel covers have a safety-related defect, your company would be responsible for notifying purchasers of the defective wheel covers and remedying the problem free of charge.

I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

ID: nht94-2.88

TYPE: INTERPRETATION-NHTSA

DATE: May 16, 1994

FROM: Alberto Negro -- Chief Executive Officer, Fiat Auto R&D U.S.A.

TO: John Womack -- Acting Chief Counsel, United States Department Of Transportation, NHTSA

TITLE: Subject: 49 CFR 571.208 S4.5.1 Request For Interpretation

ATTACHMT: Attached To Letter Dated 6/8/94 From John Womack To Alberto Negro (A42; Std. 208)

TEXT: Dear Mr. Womack:

I need to know whether NHTSA allows the advisory information required by 49 CFR 571.208 S4.5.1 to be printed in English and also in one or more foreign languages on the same sun visor label.

I look forward to your reply.

Sincerely,

ID: nht94-2.89

TYPE: INTERPRETATION-NHTSA

DATE: May 16, 1994

FROM: John A. Griffiths

TITLE: None

ATTACHMT: Attached To Letter Dated 6/3/94 From John Womack To John Griffiths (A42; Std. 102)

TEXT: Dear Sir,

I should be pleased if you would inform me whether or not motor vehicles post 1990 are required by law to have a [Illegible Word] safety switch so that the vehicles cannot be started in gear if they have automatic or manual transmissions.

Thankfully yours,

(804) 874-8039

DRN spoke to Mr. Griffiths on 5/26. Mr. Griffiths essentially wanted to know whether, on a manual transmission vehicle, there must be a neutral safety switch, i.e., making it impossible to start the vehicle unless the clutch is fully depressed. as the o wner of a MY93 Dodge, with a manual transmission, he was concerned about this.

ID: nht94-2.9

TYPE: Interpretation-NHTSA

DATE: April 1, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Jane L. Dawson -- Specifications Engineer, Thomas Built Buses, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 11/22/93 from Jane L. Dawson to Walter Myers

TEXT:

This responds to your letter to Walter Myers of this office in which you posed two questions regarding Federal Motor Vehicle Safety Standards (FMVSS) 217, Bus Window Retention and Release.

Your first question related to the definition of "daylight opening" found in the final rule amending FMVSS 217, dated November 2, 1992, (57 FR 49413) (hereinafter Final Rule). Specifically, you asked "(w)hat constitutes an obstruction and how close to t he door does an object have to be in order to be considered an obstruction?"

The term "daylight opening" is defined in the Final Rule as "the maximum unobstructed opening of an emergency exit when viewed from a direction perpendicular to the plane of the opening." An obstruction in this context would include any obstacle or obje ct that would block, obscure or interfere with, in any way, access to that exit when opened. In determining the "maximum unobstructed opening of an emergency exit," we would subtract, from the total area of the opening, the area of any portions of the o pening that cannot be used for exit purposes as a result of the obstruction. The area measurements would be taken when viewed from a direction perpendicular to the plane of the opening. I have enclosed a copy of a March 24, 1994 letter to Mr. Bob Carve r of Wayne Wheeled Vehicles which provides an example of how the amount of area to be credited was determined for a specific design.

You should be aware that the agency published a notice of proposed rulemaking to amend Standard No. 217 on December 1, 1993, (58 FR 63321). The notice proposed two alternate means for determining the maximum amount of area that will be credited for all types of emergency exits on school buses. The agency is currently reviewing the comments received in response to this notice. I am enclosing a copy of this notice.

In your second question you referred to the current provisions of S5.2.3.1(b), FMVSS 217, which provides that a left-side emergency door must be located in the rear half of the bus passenger compartment. You then asked whether that requirement was chang ed in the Final Rule. The answer is yes.

Section S5.2.3.1 of FMVSS 217, as amended in the Final Rule, provides manufacturers two options for the provision of school bus emergency exits, S5.2.3.1(a) (Option A) and S5.2.3.1(b) (Option B). Option A requires a rear emergency door. If additional e mergency exit area is required, the first additional emergency exit must be a left side door located as near as practicable to the midpoint of the passenger compartment. Option B requires a left-side emergency door and a pushout rear window, but does no t designate a specific location for them. Thus, the amended standard does not specify a location for a left-side emergency door installed for Option B, the equivalent of current S5.3.3.2(b).

I hope this information will be of assistance to you. Should you have any further questions or seek additional information, please feel free to contact Walter myers of my staff at this address or at (202) 366-2992.

ID: nht94-2.90

TYPE: INTERPRETATION-NHTSA

DATE: May 16, 1994

FROM: R.H. Goble -- President, R.H. Goble Enterprises, inc.

TO: Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: Attached to letter dated 6/29/94 from John Womack to R.H. Goble (A42; STD 108; VSA 108(a)(2)(a))

TEXT: R.H. Goble Enterprises has developed a new lighting system to be added to motor vehicles. We are soliciting input from you as to the current rules and regulations and how they may apply to this new system. Specifically, can brake lights appear over the wheels and in the front of a vehicle?

Traffic and highway safety is a critical factor in our society. New ideas have evolved over the years to improve highway safety. The most recent innovation is the introduction of the eye-level rear view brake light. Rear-end collisions have been re duced by fifty two percent as a result.

This new concept worked because it introduced a change which was immediately apparent to drivers following a vehicle. We believe this same principle should be applied to the front and sides of a vehicle. The, other drivers could discern the braking intent of the operator from any direction. This is especially true in congested areas where one must watch for vehicles entering from side streets and on coming traffic. This can be accomplished by simply wiring the brake lights to the directional ligh ts with an ordinary bridging connector.

NOTE: When wiring the brake lights to the front directional and side marker lights the brake lights are over ridden by the directional lights.

Also, when the brake lights are applied both sides light up, with the directional light on one side flashing.

Brake lights will not interfere with the directional lights or hazard lights functions.

As seen in the enclosed packet we are introducing a further safety enhancement for vehicles. The Wheel Well lighting system provides indication of the drivers intent when viewing the vehicle

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from any direction. This takes more of the guess work out of being a defensive driver.

The obvious awareness of another vehicle and the intentions of its operator are the keys to avoiding a collision. The Wheel Well lighting system provides complete illumination around the vehicle, with all light indications or signals being visible fr om any direction. Therefore, we can provide the same safety advantages for all drivers, not just those approaching from the rear. In addition, the reflection of the Wheel Well lights off of the wheels will draw attention to the vehicle even more.

This is not just an idea. Our lighting system is already being used on a few vehicles locally. Four hundred lights have been produced to perform a marketing trial and provide consumer feedback.

The Wheel Well lights utilize standard lights, bulbs, and wiring. They are inexpensive and simple to install. We believe this new patent pending product will do even more to revolutionize highway safety than even the eye-level rear view brake light.

Please understand that these new lights are standard vehicle lights already manufactured by Peterson Manufacturing. Our system merely provides for placement of the newly designed lights above the wheels. They are directly wired into the vehicle and provide the same signaling around the vehicle as can be seen from the rear of any standard vehicle.

Please advise us as to the legality of providing this new system in existing vehicles.