ID: 86-1.30

TYPE: INTERPRETATION-NHTSA

DATE: 02/11/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Dewayne A. Knoshaug, Esq. -- Knoshaug and Poppen Law Firm

TITLE: FMVSS INTERPRETATION

TEXT:

Dewayne A. Knoshaug, Esq. Knoshaug & Poppen Law Firm 118 Central Avenue East Clarion, Iowa 50525

This is in reply to your letter of November 1 1985, to this agency asking about the legality of an "auxiliary rear novelty lamp" which a client of yours anticipates manufacturing and marketing. You stated that the lamp "would light when applying the brakes and optional would be when using turn signals. The light would be amber, red or yellow". You have assured us that the lamp is not intended to be a substitute for or to alter the center high-mounted stop lamp.

It is difficult to provide you with a definitive answer absent a fuller description of this device, its light output, flash rate, and other features. As a general rule, aftermarket lighting equipment not intended as replacement for equipment required by Federal Motor Vehicle Safety Standard No. 108 is not itself covered by Standard No. 108, but is subject only to the laws of a State where it will be used.

However, a manufacturer, distributor, dealer, or motor vehicle repair business may not render inoperative in whole or in part any device or element of design installed in accordance with a Federal motor vehicle safety standard. We would view a conflicting signal from an auxiliary lighting device as one which could render "partially inoperative" a required lighting device. A manufacturer, distributor, dealer, or motor vehicle repair business which installed such a device might be viewed as in violation of 15 U.S.C. 1397(a)(2)(A).

General as my reply is, I hope that it is of some guidance to you.

Sincerely,

Erika Z. Jones

Chief Counsel

November 1, 1985

Office of Vehicle Safety Standards National Highway Traffic Safety Administration Department of Transportation Washington, D.C. 20590

Re : Auxiliary Rear Automobile Lamp

Greetings:

I represent a client who anticipates manufacturing and marketing auxiliary rear novelty lamps for automobiles. The primary reason for this letter is to make inquiry of whether same may violate any federal regulation.

I am knowledgeable of the regulation which requires installation of a single center high mounted stop lamp on passenger cars manufactured on or after September 1, 1985, in addition to the stop lamps otherwise required. Although similar, the stop lamp proposed by my client would in no way be marketed to be a substitute or to alter the required single center high mounted stop lamp.

The lamp to be produced by my client could be similarly used on vehicles manufactured prior to September 1, 1985 and not equipped with the required lamp. In addition, the lamp could be used on vehicles otherwise equipped with the required lamp as an auxiliary lamp.

The lamp proposed by my client would light when applying the brakes and optional would be when using turning signals . The light would be amber, red or yellow.

I request your response advising whether or not there is any federal rule or regulation that would be violated by using such a light on a passenger motor vehicle.

Thank you for your response.

Sincerely,

Dewayne A. Knoshaug DAK:jkj

ID: nht90-4.91

TYPE: Interpretation-NHTSA

DATE: December 24, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Fred Ciampi -- Fred's Welding Service

TITLE: None

ATTACHMT: Attached to letter dated 10-17-90 from F. Ciampi to Office of the Chief Counsel, NHTSA (OCC 5342)

TEXT:

This responds to your letter requesting information concerning Federal requirements governing the manufacture of utility trailers. Your letter indicated that you plan to manufacture trailers.

First, please be aware that the National Highway Traffic Safety Administration (NHTSA) has authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. For purposes of this authority, trailers are co nsidered motor vehicles. NHTSA does not approve motor vehicles or equipment, nor does the agency endorse any commercial products. Instead, the National Traffic and Motor Vehicle Safety Act establishes a certification process under which each manufacture r must certify that its product meets agency safety standards, or other applicable standards. Periodically, NHTSA tests whether vehicles or equipment comply with these standards, and may investigate alleged safety-related product defects.

The following Federal safety standards apply to trailers: Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment, Safety Standard No. 115, Vehicle identification Number--Basic Requirements, and Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars. The content requirements for the vehicle identification number are found at 49 CFR Part 565. In addition, depending on the type of braking system used, trailers must meet Safety Standard No. 106, Brake Hos es, Safety Standard No. 116, Motor Vehicle Brake Fluids, and Safety Standard No. 121, Air Brake Systems. All of these standards are found in 49 CFR Part 571.

In addition, as a manufacturer of motor vehicles, you would be required to submit identification information to this agency in accordance with 49 CFR Part 566, Manufacturer Identification. You would also be required to certify that each trailer complies with all applicable Federal safety standards. This certification procedure is set out in 49 CFR Part 567.

You may find a copy of 49 CFR at a Federal Depository Library in your State. If you so choose, you may purchase a copy of Title 49 from the United States Government Printing Office (GPO), Washington, D.C. 20402, (202) 783-3238. With respect to laws gov erning trailer manufacture, the principal statute is the National Traffic and Motor Vehicle Safety Act. You may obtain a copy of this Act from GPO. You may wish to note especially S151 of the Act, which requires a manufacturer of a motor vehicle or moto r vehicle equipment to conduct notice and recall campaigns if you or this agency find that your product has a safety-related defect.

There may be State regulations that apply to trailer manufacture and use. In many states, a person cannot register a new vehicle unless he or she has a statement or certificate of origin. I understand that the Recreation Vehicle Industry Association wil l supply a small quantity of form statements or certificates upon request. You may contact that organization by writing them at 1896 Preston White Drive, Reston, VA 22090; or calling (800) 336-0154. You may wish to contact the local Department of Trans portation or Motor Vehicle Administration in the states for which you have an interest for further information on state requirements.

I hope you find this information helpful. Please do not hesitate to contact this office at (202) 366-2992 if you have specific questions.

ID: 77-4.10

TYPE: INTERPRETATION-NHTSA

DATE: 09/29/77

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: The Coachette Company

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your August 19, 1977, letter asking whether Standard No. 217, Bus Window Retention and Release, permits the use of two rear doors for the determination of the size of the required unobstructed rear exit opening.

The standard states in S5.4.2.2 that: "[a] school bus with a GVWR of 10,000 pounds or less shall conform to all the provisions of S5.4.2, except that the parallelepiped dimension for the opening of the rear emergency door or doors shall be . . . ." This section specifically allows the determination of the required rear opening through the use of either one or two doors. Therefore, your interpretation that the standard permits the use of two rear doors is correct.

SINCERELY,

Coachette Company

August 19, 1977

Joseph Levin Office of Chief Council N.H.T.S.A.

RE: FMVSS 217

We urgently need a clarification on FMVSS 217, paragraph S5.4.2. and specifically sub-paragraph S5.4.2.2., as these and other referenced sections apply to a van type school bus rear emergency exit.

The school bus in question had two rear emergency doors side by side with the left hand (driver's side) door hinged on the left side and the right hand door hinged on the right side. The operation of these doors require the right hand door to be opened first, then the left hand door may be opened. However, with just the right hand door open, there are couple of minor protusions into the opening that prevent the parallelepiped from passing through.

The two doors have very simple labels and instructions for operating would be clear and concise. (See enclosed sketch.)

Is our interputation correct that we would be in full compliance with FMVSS 217 if both doors were utilized to obtain the required unobstructed opening?

An early reply is desired and anything that can be done to expedite this clarification will be greatly appreciated.

E.M. Ryan Design Engineer

ENC.

ward

SCHOOL BUS MFG., Inc. P.O. BOX 311 HIGHWAY 65 CONWAY, ARKANSAS 72832

DATE - 8-19-77 CHK - DRAFT: 40M ENGR: SCALE IN OR OUT PART ORDER NO. REV CHANGE BY DATE

MATERIAL-

TOLERANCE

(Graphics omitted)

ID: nht87-1.24

TYPE: INTERPRETATION-NHTSA

DATE: 01/21/87

FROM: S. L. LEPOSKY -- EQUIPMENT SUPPLY CO

TO: DISTRIBUTORS

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 02/11/88 FROM ERIKA Z JONES TO BETH WHITMAN; REDBOOK A31, STANDARD 110, 120; SAAR; STEELHAMMERS 2J; SA 29AR STEELHAMMERS 2J; UNDATED LETTER FROM SL LEPOSKY TO ALL DISTRIBUTORS AND SALESMEN RE NON USE OF DUCK BILLED STEE L TIRE HAMMERS; LETTER DATED 07/09/87 FROM LEO CAREY TO BETH WHITMAN

TEXT: Dear Distributor:

Attached, please find new catalog material on our "Combi Truck & Farm Tire Bead Breaker. Please note that the catalog sheet serves two purposes.

1. The front side gives all pertinent information regarding the "Combi" bead breaker and refers the buyer to the other side.

2. The back of the catalog supports the OSHA regulation outlining the DO'S AND DON'TS of truck tire changing.

We suggest you use the catalog sheet in discussing the NON-USE of steel duck bill hammers when changing truck and farm tires with your salespeople. The OSHA regulation is being enforced and it's only a matter of time until the dealers and users will hav e to change. CHANGE THEM OVER TO A "COMBI".

The second piece of promotional material enclosed is the yellow #10 size statement and invoice stuffer for your use. All you need do is fill out the attached form and we'll do the rest. You put your dealer imprint onto the stuffer along with YOUR se lling price and mail it out. Suggested retail on the HAP-1 "Combi" is $ 898.00 for the head and pump complete.

We will be showing and demonstrating the "Combi" bead breaker as well as some new air hydraulic tire changing tools at the upcoming A.R.A. Show in Louisville, Kentucky on April 10, 11, and 12th, 1987. Please don't wait till then to start promoting t he tool. Do that now and reap the benefits by April and May. We are also scheduled to show at several large trucking shows and the NTDRA Show in Dallas, Texas. If you have a local or regional trade show that you attend, we'll work with you. We'll pro vide no charge demo's, catalog material and special signs along with "SPECIAL SHOW PRICES".

We are presently working on a bead breaker comparison and explantion sheet outlining all known bead breaking tools in the industry. This will include truck, farm, and giant tire. We're sure you will find it most informative.

ID: nht88-3.62

TYPE: INTERPRETATION-NHTSA

DATE: 10/04/88

FROM: FRANK J. TRECY -- GENERAL MANAGER - MANUFACTURING MILLER STRUCTURES, INC.

TO: ERIKA Z. JONES -- CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 12/30/88 FROM ERIKA Z. JONES -- NHTSA TO FRANK J. TRECY, REDBOOK A33 (4), VSA 102 (3), STANDARD 115; LETTER DATED 11/14/88 FROM F. J. TRECY TO ERIKA Z. JONES, OCC 2811

TEXT: Dear Ms. Jones,

I am writing with regard to an interpretation of the Federal Motor Vehicle Safety Standard No. 115, subpart S2, titled: Application.

I called your office and was told it would be better to put my request in writing. After you have reviewed my request, I was told I could expect an interpretation shortly.

Miller Structures, Inc. primarily manufactures offices, storage buildings, classrooms, laboratories, branch banks, medical clinics and other related commercial buildings. The buildings are constructed in widths of 8, 10, 12, and 14 feet, with lengths ranging from 10 to 80 feet. I do not classify them as over-the-road type trailers. A considerable number of our units go to a location, are placed on a foundation and remain there permanently. The remainder are placed on a location for varying length s of time and are then re-located. A good description of our product would be a permanent or relocatable type commercial building.

It has been my interpretation that we are exempt from implementing the VIN identification system. At the present time, we are using a numerical system of serial number identification and once a serial number is used, it is never used again.

The state of South Dakota has issued a directive stating all trailer manufacturers would have to implement the VIN system by January 1, 1989. I spoke with Ms. Deb Hillmer, Deputy Director of the Division of Motor Vehicles, regarding the interpretatio n stated herein. Ms. Hillmer stated that if the National Highway Traffic Safety Administration concurs with my interpretation, she would accept it.

Therefore, I am requesting an interpretation of this matter from your office. Thanking you in advance, I remain,

Sincerely,

ID: 77-2.28

TYPE: INTERPRETATION-NHTSA

DATE: 05/04/77

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

TO: Hon. J. W. Wydler

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of April 21, 1977, requesting information concerning Federal regulations regarding school bus safety on behalf of your constituent, Mrs. Peter Peugeot of Rockville Centre, New York.

I have enclosed a document, "Summary Description of Motor Vehicle Safety Standards Applicable to Buses," which should be helpful to Mrs. Peugeot. I have also enclosed an information summary, "Where to Obtain Motor Vehicle Safety Standards and Regulations," along with a set of forms from our Technical Reference Branch indicating how specific information may be retrieved through computer assisted literature searches along with an outline of fees for this service.

In addition to the above material, I have enclosed an order form for the entire set of Federal motor vehicle safety standards and regulations, in case Mrs. Peugeot desires this specific volume. I would call her attention to the fact that although this document is relatively expensive, it is furnished in loose-leaf form and is updated periodically for an indefinite period with the latest amendments and changes at no additional cost.

I trust this information and material will be of value to Mrs. Peugeot. If I can be of further assistance, please do not hesitate to contact me.

SINCERELY,

Congress of the United States House of Representatives

April 21, 1977

Office of Congressional Liaison National Highway Traffic Safety Administration Department of Transportation

I have received a request from one of my constituents, Mrs. Peter Peugeot of Rockville Centre, New York, for a copy of the federal regulations regarding safety for school buses.

I would appreciate receiving the relevant regulations, and would also appreciate receiving any additional comments on this subject that you feel might be helpful or informative to Mrs. Peugeot.

Thanking you for your cooperation, and with every good wish, I am.

John W. Wydler Member of Congress

ID: 14307.ztv

Mr. Tadashi Suzuki
Manager
Automotive Equipment
Legal & Homologation Service
Stanley Electric Col, Ltd2-9-13, Nakameguro, Meguro-ku
Tokyo 153, Japan

Dear Mr. Suzuki:

This is in reply to your letter of March 10, 1997, asking for interpretations of Federal Motor Vehicle Safety Standard No. 108 with respect to the effective projected luminous area of stop lamps and turn signal lamps.

Paragraph S5.1.1.25 states that "[e]ach turn signal lamp on a motorcycle manufactured on and after January 1, 1973, shall have an effective projected luminous area of not less than 3 1/2 square inches." Your interpretation is "Turn signal lamp on a motorcycle shall have an effective projected luminous area of not less than 3 1/2 square inches." (S5.1.1.25). Your understanding of this requirement is correct.

Section 5.3.2 of SAE J586 FEB84 Stop Lamps For Use on Motor Vehicles Less than 2032MM in Overall Width, specifies that "the functional lighted lens area of a single compartment lamp shall be at least 37.5 square centimeters." Your interpretation is that the "stop lamp on a motorcycle shall have an effective projected luminous area of not less than 37.5 square centimeters (SAE J586 FEB84)." This is not correct. Although SAE J586 FEB84 has been incorporated by reference into Standard No. 108 by paragraph S5.1.1, section 5.3.2 of SAE J586 FEB84 does not apply. Paragraph S5.1.1 allows exceptions to SAE J586 FEB84, and the applicable provisions for motorcycle stop lamps are set forth in two paragraphs under S5.1.1: paragraphs S5.1.1.22 and paragraph S5.1.1.26(a).

Under these two paragraphs, if a motorcycle is a motor driven cycle (i.e., one with an engine developing 5 brake horsepower or less) and if its speed attainable in 1 mile is 30 mph or less, it may be equipped with a stop lamp whose effective projected luminous lens area is not less than 3 1/2 square inches (S5.1.1.22). Otherwise, a motorcycle must be equipped with at least one single compartment stop lamp whose functional lighted lens area is not less than 50 square centimeters. The terms "effective projected luminous lens area," "effective projected luminous area," and "functional lighted lens area" are used interchangeably in Standard No. 108.

You also ask for confirmation that "[t]he functional lighted lens area of a single compartment stop lamp, and a single compartment rear turn signal lamp on a motor vehicle (other than motorcycle) whose overall width is less than 80 inches, shall be not less than 50 square centimeters. (S5.1.1.26)." This is correct, except that paragraph S5.1.1.26(a) applies to motorcycles as well as to other vehicles.

If you have any further questions about this letter, you may refer them to Taylor Vinson of this Office (FAX 202-366-3820).

Sincerely,

John Womack

Acting Chief Counsel

ref:108

d:4/21/97

ID: nht92-6.16

DATE: June 5, 1992

FROM: Le Van Lac -- Vice President, Pioneer Electronic Services, Inc.

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: Re: For Legal Interpretation of 108-6, Sec. 5.1.3

ATTACHMT: Attached to letter dated 7/31/92 from Paul J. Rice to Le Van Lac (A39; VSA 108(a)(2)(A))

TEXT:

We at Pioneer plan to sell a new car speaker in the U.S. We contacted Mr. Harry Thompson at your office and he advised me to write a letter with explanation to you in order to get your advice.

1. NEW CAR SPEAKER WITH ILLUMINATION: Car speaker will illuminate by a 12 volt DC car battery. this car speaker will be installed in the rear deck of a car. Cosmetically it it well designed with Pioneer brand name to be printed on the rear side of the speaker cabinet.

2. PURPOSE OF ILLUMINATION SPEAKER: By lighting Pioneer brand name with blue color at night (when the head light is switched on), we intend to give a favorable and refined impression to driver, passengers. This illumination car speaker will satisfy the customers who wish to have a high end and unique car speaker.

3. CONSTRUCTION: Light was originated from a lamp. There are 8 lamps for each left and right speaker. The light will go through a filter and then a transparent panel as the drawing.

Power consumption of a lamp inside the car speaker using filament type (glass tube) at 1.54 watt.

The brightness of this blue light illuminated through the filter and transparent panel is just 1/40 of the high mount stop lamp (measured at 1 meter at 14.4 volt). Therefore, this illuminated speaker will not impair the effectiveness of the existing lighting equipment installed into the car.

Attached is the information of this 4-way high-end speaker TS-X450 that has been selling at other countries.

Please help to review our request and we hope to receive your approval soon.

Thank you very much.

Attachment (Text and graphics omitted)

ID: 11987.ZTV

Mr. Don Hannon
Mid-USA Motorcycle Parts
4937 Fyler Ave.
St. Louis, MO 63139

Dear Mr. Hannon:

This is in reply to your e-mail messages of May 24 and May 26, 1996, with respect to the importation of motorcycle taillamps.

You inform us that a shipment of taillamps has been seized by the U.S. Customs Service on the grounds that, as you expressed it, "the company doesn't have a letter on file that states that we are authorized to import this commodity." You state that one of the part numbers seized by Customs are "restoration pieces that are meant to be used on pre-1964 motorcycles" while the other "probably needs some sort of DOT specs. on the lens since it is designed for use on 1973 & newer" motorcycles. You have asked what you need to do to import taillamps that meet DOT standards and how you may obtain information on those standards.

This agency administers 49 U.S.C. Chapter 301 - Motor Vehicle Safety and the regulations that have been issued under its authority, such as 49 C.F.R. 571.108, Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. There is nothing in these laws that require an importer of motor vehicle equipment to obtain a letter from us stating that it is authorized to import motor vehicle equipment such as replacement taillamps. The obligation of the importer is to ensure that the product it wishes to import has been manufactured in compliance with all applicable Federal motor vehicle safety standards, and bears the manufacturer's certification. This certification is either a DOT symbol on the item itself, or a label or tag attesting to compliance of the item, either on the item or on the container in which it is shipped. This requirement applies to replacement taillamps for use on motorcycles manufactured on and after January 1, 1972, and therefore applies to model years 1973 and later. The standard that applied in 1973 to motorcycle taillamps is SAE Standard J585c , Tail Lamps, June 1966. I enclose a copy for your information.

Replacement taillamps for use on motorcycles manufactured before January 1, 1972, are not required to meet any Federal requirement in order to be imported and sold. Because these taillamps (particularly those for model years that occurred only shortly before 1972) may resemble those required to comply with Standard No. 108, it is understandable that Customs might seek to

prevent their entry. In order to prevent confusion and possible violations by the importer, we recommend that such equipment be labeled as not for use on motorcycles manufactured on and after January 1, 1972. Your willingness to attach labels stating that the tail lamps are not "to be used on 1964-newer motorcycles" more than meets our recommendation, and we have no objection to your importing this equipment under this circumstance. Perhaps this assurance will be sufficient for Customs to release your merchandise after you have applied the labels to them.

Under Chapter 301, a foreign manufacturer of lighting equipment is required to designate an agent in the United States for service of process . Because we do not know the name of your supplier, we do not know whether it has complied with this requirement. However, we do not understand that this is the type of letter that Customs feels is lacking.

If you have any questions about this matter, you may phone Taylor Vinson of this Office (202-366-5263).

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure ref:108#591 d:6/18/96 2

ID: nht95-1.90

TYPE: INTERPRETATION-NHTSA

DATE: March 7, 1995

FROM: Takashi Tohse -- Quality Assurance Group, Fabricated Glass general Division, ASAHI GLASS CO., LTD

TO: Marvin Show -- Office of Chief Counsel, NHTSA

TITLE: RE: Company ID in logo marks

ATTACHMT: ATTACHED TO 4/10/95 LETTER FROM PHILIP RECHT TO TAKASHI TOHSE (A43; STD. 205)

TEXT: Dear Mr. Shaw;

We have made an inquiry regarding use of plural company Ids in our logo mark for automotive safety glazing materials and requested NHTSA's comments trough Mr. Clarke Harper of the Office of Vehicle Safety Standards. We understand that this matter was re ferred to you for a legal interpretation.

What is the status of your consideration on this matter? Would there by any other clarification necessary on our part?

It would be very much appreciated if you could provide us with some indication on these questions. Enclosed you will find our letter dated February 6th for your reference.

PREVIOUS LETTER:

February 6, 1995

Mr. Clarke Harper Office of Vehicle Safety Standards National Highway Traffic Safety Administration 400 Seventh Street S.W. Washington DC 20590 U.S.A.

Rf: Company ID in logo marks

Dear Mr. Harper;

My Colleague Mr. M. Ojima in the automotive Glazing Group suggested that I write to you directly so that this matter can be expedited. Should this matter be handled by someone other than you, please refer it to the proper person.

Use of plural company IDs in our logo mark for automotive safety glazing materials is under consideration. It would be appreciated very much if you could provide with your views on the following two cases as to whether they comply with FMVSS 205 concern ing marking of glazing materials.

Case1: Is it permitted to use different kinds of IDs for different grades of products?

Please refer to the attached sheet

Sample 1: Current Asahi Glass logo mark.

Sample 2&3: Draft of secondary IDs.

Case 2: Is it permitted to use a common company ID for all members of our group? For example, for Asahi Glass Co. ltd. and AP Technoglass Company.

Please refer to the attached sheet.

Sample 4: Draft of AGC logo mark.

Sample 5: Current AP Technoglass logo mark.

Both cases mentioned above have Symbol and Item No. AS1, DOT-20, Material No. M354, Trademark LAMISAFE and company IDs.

It is our contention that these comply with FMVSS 205; however, we will await your comments before making any change.

It would be greatly appreciated if you could give your prompt attention to our inquiry.

Yours sincerely,

Takashi Tohse Quality Assurance Group Fabricated Glass General Division Asahi Glass Co., Ltd. 2-1-2 Marunouchi Chiyoda-ku, Tokyo 100 Japan Tel: 3-3218-5789 Fax: 3-3201-5810