ID: DNBA_B.Nicolle_Parts_573_and_579

ID: nht89-2.8

TYPE: INTERPRETATION-NHTSA

DATE: 06/19/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: JAMES A. LUTES -- ENGINEERING DEPARTMENT KENTUCKY MANUFACTURING COMPANY

TITLE: NONE

ATTACHMT: LETTER DATED 11/09/88 FROM JAMES A. LUTES TO ERIKA Z. JONES -- NHTSA; LETTER DATED 10/28/88 FROM THOMAS A. COZ TO JIM LUTES RE CALIFORNIA CITATIONS HIGH MOUNTED TRAILER STOP LAMPS

TEXT: Dear Mr. Lutes:

This is in reply to your letter asking for an interpretation of Motor Vehicle Safety Standard No. 108 with respect to the location of stop and turn signal lamps. I regret the delay in responding.

Your company has been installing supplemental stop and turn signal lamps approximately 12 feet above ground level on the rear doors of van-type trailers. The standard stop and turn signal lamps are located within the mounting range (15 to 72 inches above the road surface) specified by Table II of Standard No. 108. The photocopies you have enclosed indicate that on at least three occasions the State of California has cited trailers with this lighting configuration because the supplemental lamps are moun ted at a height in excess of 72 inches. You have asked for our interpretation and clarification of this matter.

Paragraph S4.1.3 of Motor Vehicle Safety Standard No. 108 permits the addition of supplemental lighting equipment, before delivery of a vehicle to its first purchaser, provided that it does not impair the effectiveness of the required lighting equipment. Although your high mounted stop and turn signal lamps are located in the vicinity of the identification lamps, we see no problem of impairment (the vehicle in the photo does not appear to have clearance lamps; for purposes of this interpretation we sha ll assume that they are mounted at the same height as the identification lamps, and at either side of the vehicle above your supplemental lamps). When activated, the clearance and identification lamps are steady burning and serve as presence lamps. The supplemental lamps, on the other hand, are activated only when a change in vehicle motion or direction is occurring. If the activation of the supplemental lamps could be said to distract attention from the clearance and identification lamps, the distra ction occurs only at a time when the most important information being communicated by the vehicle's rear lights is that a change in vehicle motion or direction is occurring. Under those circumstances, the required stop and turn signal lamps tend to have the same distracting effect. Further, on heavily-traveled highways where

lamps at standard locations may be hidden by intervening vehicles, signal lamps mounted at higher locations can alert drivers farther to the rear that a large vehicle ahead may be stopping or changing lanes, thus reducing the likelihood of a chain co llision. In summary, your installation of the supplemental lamps is acceptable to this agency under Standard No. 108.

We surmise that the California citations were given on the belief that supplemental lighting equipment must meet the same locational requirements as original equipment. While that is an understandable interpretation, this letter provides the proper inte rpretation of paragraph S4.1.3. We are providing a copy of this letter to the California Highway Patrol in order that the State interpretation may accord with the Federal one.

If you have any further questions we shall be pleased to assist you.

Sincerely,

ID: nht93-8.26

DATE: November 22, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Donald W. Vierimaa -- Vice President-Engineering, Truck Trailer Manufacturers Association

TITLE: None

ATTACHMT: Attached to letter dated 10/19/93 from Donald W. Vierimaa to John Womack (OCC-9229)

TEXT:

This responds to your letter of October 19, 1993, with respect to the trailer conspicuity requirements of Standard No. 108.

You report that "(o)ften a new tank trailer will be sold to a customer who will contract with another party to have a lining installed in the tank." Because of the high heat used in the installation of the lining, retroreflective sheeting cannot be applied before the lining is installed.

We believe that the trailer manufacturer is a more appropriate person for ensuring that its product meets the conspicuity requirements of Standard No. 108 than the installer of the lining, or the owner of the trailer. We would like to suggest alternative methods of compliance, other than a direct application of retroreflective tape to the trailer sides, as a resolution of this problem. Standard 108 permits the use of reflex reflectors as an alternative to retroreflective sheeting. If the trailer manufacturer prefers retroreflective sheeting, the sheeting may be applied at a lower level if deemed "practicable", or it may be applied to horizontal strips of aluminum that can be fastened to the sides of tank trailers and removed during the installation of the lining.

You also state that "non-tank trailers may be sold without conspicuity treatment when the owner wishes to contract the application of special paint and logo schemes." Sale of a trailer under these circumstances, without its compliance with the conspicuity requirements of Standard No. 108, would be an apparent violation of the National Traffic and Motor Vehicle Safety Act.

ID: 14388.ztv

Mr. Donald W. Vierimaa
Vice President - Engineering
Truck Trailer Manufacturers Association
1020 Princess Street
Alexandria, VA 22314-2247

Dear Mr. Vierimaa:

This is in response to your letter of March 17, 1997, with respect to my letter of September 4, 1996, to John W. Cook of Pace American, Inc.

Mr. Cook had informed us that he had fenders that attached to the side of his trailers in widths that vary from 2 to 11 inches. He asked whether it was acceptable for the clearance lamps to be within 6 to 8 inches from the outermost part of the trailer including fenders. We replied that in our judgment, locating a clearance lamp within 6 to 8 inches of the outermost edges of a trailer does not indicate "overall width" within the meaning of Standard No. 108. You have asked whether this interpretation was intended to apply only to the Pace American design, or applicable to all trailers. You are presently recommending to your members that the front clearance lamps be located within 16 inches of the side of the trailer.

Table II of Standard No. 108 requires clearance lamps to be located to indicate the overall width of the trailer. The optimum location for clearance lamps is therefore at the extreme width of the trailer. The further inboard that clearance lamps are located from the extreme edge of the trailer, the less they indicate the overall width of the trailer.

The Pace American trailers were equipped with fenders, whereas your question pertains to front clearance lamps only, and mounted on trailers without fenders (designs on pages 12-18 of RP No. 9, which you enclosed). These designs show a location zone for front clearance lamps within 16 inches from the side of the trailer. The drawings also bear the legend "Center of front clearance lamps shall be within indicated zones." We don't believe that a lamp center, say, at 15 inches inboard represents location of a lamp that indicates "overall width". In our judgment, locating a clearance lamp more than 6 inches from the outermost edge of a trailer that is 80 or more inches in overall width does not indicate "overall width" within the meaning of Standard No. 108.

If you have any questions on this letter, you may call Taylor Vinson (202-366-5263).

Sincerely,
John Womack
Acting Chief Counsel
ref:108
d:6/9/97

ID: 15568.ztv

Mr. Walter E. Ellis
51 Silver Maple Way
Cincinnati, OH 45246

Dear Mr. Ellis:

This Office has received your letter of June 17, 1997, to the Office of Civil Rights of Handicapped, Department of Health, Chicago.

You are concerned about glare caused by upper beams of headlamps used during daylight hours, and believe that this deprives you of "the same civil rights of unrestricted vision" as would occur for wheelchair users were wheelchair ramps for stairs removed. You have asked for the procedure to exercise your civil rights and to correct the problem. You have also asked for a copy of "the law for the Civil Rights of the Handicapped."

This agency establishes the Federal Motor Vehicle Safety Standards which apply to the manufacture of motor vehicles. One of these, Standard No. 108, covers motor vehicle lighting. After evaluating data from Scandinavian countries which indicated that daytime use of headlamps had the potential to reduce vehicle crashes, and subsequent to Canada's requiring them on all new vehicles sold there, we amended Standard No. 108 to permit a vehicle manufacturer to install "daytime running lamps" (DRL). Thus, the original intent of allowing DRLs was for its potential safety benefit.

Under the American DRL standard, a manufacturer may use any pair of front lamps for the DRL feature, other than parking lamps (too small to be effective) or fog lamps (too bright). If the manufacturer chooses to use the headlamps as a DRL, either the upper or lower beam may be used. The lower beam DRL may be operated either at full or reduced intensity, but a DRL using the upper beam must be operated at reduced intensity as you have noted. As we are beginning to learn from the increasing numbers of vehicles on the road with DRLs, DRLs on some vehicles have resulted in a number of complaints of glare. I assure you that we are aware of these concerns and that we are reviewing possible ways of addressing them.

You might also be interested to know that the owner of a vehicle with DRLs has the right to have the system disconnected. However, the owner cannot have the dealer otherwise modify the performance of the DRL system as installed.

Regarding your assertion that your civil rights may have been violated, the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794 and 794(a), and Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12132, prohibit discrimination against any qualified individual with a disability, by reason of such disability. Specifically, these laws prohibit discrimination under any program or activity receiving Federal financial assistance, any program or activity conducted by an Executive agency, or any services, programs or activities of a public entity. The term "public entity" includes any State or local government or any department, agency, special purpose district, or other instrumentality of a State or States or local government.

If you believe there has been discrimination on the basis of your disability, you may file a complaint directly with the Department of Justice, who will refer it to an agency of the Federal government that has jurisdiction over the matter. Complaints must be filed no later than 180 days from the date of the alleged discrimination. Complaints may be filed on DOJ Form ADA-II No. 1190-007 (which may be requested by calling 202 514-0301) and should be forwarded to:

U.S. Department of Justice
Civil Rights Division
Coordination and Review Section
P.O. Box 66118
Washington, D.C. 20035-6118

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:108
d.9/29/97

ID: nht91-6.27

DATE: October 16, 1991

FROM: S. Suzuki -- Managing Director, Suzusho Trading Co.

TO: Director, Office of Public and Consumer Affairs, NHTSA

TITLE: Ref. No. ST-9015/91

ATTACHMT: Attached to letter dated 1/31/92 from Paul Jackson Rice to S. Suzuki (A39; Std. 108)

TEXT:

RE: NEW TYPE OF HIGH-MOUNTED STOP & FLASHER LAMPS.

We have already learned the Merit of High Mounted Stop Lamp, therefore, the late models are coming with it from the factory, then we improved this High-Mounted Stop Lamp which is attached Flasher Lamps to give driver's informations to behind drivers quickly.

We introduced our High-Mounted Stop & Flahser Lamps to CHRYSLER CORPORATION then, Mr. Michael M. Fischer introduced us to contact to you about rear lighting because rear lighting on highway vehicles is regulated by Federal Motor Vehicle Safety Standards administered by NHTSA.

We made some hand-made samples and did the market research, then we could have so much requests to introduce. Everybody said that it was simple but it will convey driver's informations to behind drivers and help us not to be involved crash.

RE: MERITS FOR HIGH-MOUNTED STOP & FLASHER LAMPS

1). If drivers use it and stepped on brake pedal, the Normal Brake Lamps and High-Mounted Stop Lamp will be put on, in case, the behind driver's eye will watch High-Mounted Stop Lamp more than Normal Brake Lamps becuase it is on the eye-line. Therefore, the Flasher Lamps should be together with Stop Lamp not to make any delayed. 2). If we use our High-Mounted Stop & Flasher Lamp, the Normal Stop and Flasher Lamps will work normaly which means working together with. It will work as assistant Flasher Lamps. 3). From this reason, if drivers use our High-Mounted Stop & Flasher lamps, they can see Flasher Lamps easily without moving their eyes from High-Mounted Stop Lamp to the Normal Flasher Lamp. Our "Safety Shot" will give driver's informations of STOPPING and CHANINGING LANE/DIRECTIONS to behind drivers quickly not to be involved crashes. 4). The Snow countries, a lot of snow on the roof, bonnet, trunk etc., and snow melted roads, the rear side of cars should be dirty and it will be difficult to see. All drivers will remove snow on the Front/Rear and both side of Glasses to see before they start driving. In case, if drivers use our "SAFETY SHOT" High-Mounted Stop & Flasher lamps, behind drivers will be able to see it easily and we will be able to avoid crashes etc.,

5). There is a lot of clouds of spray when we drive high speed on the Highway in the rain day, in case this clouds of spray will disturb Normal Stop and Flasher Lamps, however, the Center of Rear Glass scheild should be the ravine from the both side clouds of spray and we can see

High-Mounted Stop Lamp well, therefore, we should put Flasher Lamps together with Stop Lamp.

We think that it will be important very much to save drivers if we had an accident such as Airbag System, Door Side Beem etc., but if we can have somethings not to cause accidents or to avoid accidents, it will be much valuable for drivers. Drivers will not hesitate to pay extra expenses to save themselves but they expect these devices are not expensive.

We need High-Mounted Stop Lamp on the busy Highway. If the highway is very empty, we do not need it at all. All big cities in the world, many cars are on the road, therefore, all drivers would like to know the former driver's informations, STOPPING, CHANGING DIRECTIONS, etc., and if we can know tow or three former driver's informations, we can change our lane soon and we can avoid the trafic jam, too.

Of course, there are many differnt countries and different way of thinking and different people, therefore, everybody will not agree the above suggestions, however, if we have to reply which is more safety, to use our High-Mounted Stop & Flasher Lamp or not to use it. In case, everybody will reply, it will be more safety if the "SAFETY SHOT" is built-in rear window.

We are pleased to enclose our hand-made samples (pictures) for your study as under:

* " Safety SHOT - Type I" : L.E.D. Use.

* " Safety SHOT - Type II" : L.E.D. Use.

* " Safety SHOT - Type III" : General Electric Bulb Use.

We will produce goods and introduce them in our domestic market, therefore, is it possible to use it in the U.S.A. or not.

We are much appreciated if we can received your comments on this matters.

Thanking you for your best co-operations and looking forward to hearing from you soon, we remain, yours very truly.

ID: 11525ZTV

Ms. Carol I. Morton
Administrative Assistant
Equipment and Standards Review Unit
Washington State Patrol
P.O. Box 42635
Olympia, Washington 98504-2635

Dear Ms. Morton:

We have received your letter of January 31, 1996, expressing your understanding that States "can allow the use" of daytime running lamps (DRLs), but cannot require them to be on vehicles. You ask for information on this subject.

Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment (49 CFR 571.108) permits, but does not require, motor vehicles to be equipped with DRLs (see paragraph S5.5.11). The effect of the preemptive provisions of Title 49 United States Code section 30103(b)(1) is that when a Federal DRL standard is in effect, a State is permitted to have a DRL standard only if it is identical to the Federal one. Thus, a State may not require that vehicles within its jurisdiction have DRLs, nor can it forbid them. States must allow DRLs.

There is one exception to this. Under Section 30103(b)(1), a State may prescribe "a standard for a motor vehicle . . . obtained for its own use that imposes a higher performance requirement than that required" by a Federal safety standard. We interpret this as allowing a State to require State-owned vehicles to be equipped with DRLs.

If you have further questions on this topic, you may discuss them with Taylor Vinson, with whom you have talked previously. Our number is 202-366-5263.

Sincerely,

Samuel J. Dubbin Chief Counsel ref:108#SEC.30103(b) ref:3/14/96

ID: 86-4.40

TYPE: INTERPRETATION-NHTSA

DATE: 08/13/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Ivan Chien

TITLE: FMVSS INTERPRETATION

TEXT:

AIR MAIL.

Mr. Ivan Chien Manager Lee-Chien, Inc. P.O. Box 56-104 Taipei, TAIWAN R.O.C.

Dear Mr. Chien:

This responds to your letter dated May 28, 1986, asking for information about certain Federal motor vehicle safety standards. Enclosed are copies of an information sheet for new manufacturers, a form for ordering copies of safety standards, and the copy of Standard No. 111, Rearview Mirrors, which you requested.

This agency has issued no safety standard regarding fog lamps. However, S4.1.3 of Standard No. 108, Lamp Reflective Devices, and Associated Equipment, provides that no additional lighting equipment, such as fog lamps, which impair the effectiveness of lighting equipment required by Standard No. 108 shall be installed on motor vehicles. This prohibition applies to parties installing your product on vehicles, and not to you as the manufacturer of the product. This is because the installed is the only party which can ensure that the reflectors are installed so that they do not impair the effectiveness of required lighting equipment. Generally speaking, this requirement of Standard No. 108 applies only to motor vehicles prior to their first purchase in good faith for purpose other than resale, and not to aftermarket accessories added to a vehicle after that purchase. The general rule is that aftermarket accessories may be added to vehicles.

This general rule is, however, limited by the application of the provisions of section 108 (a )(2) (A) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended ( the Act) . That section specifies: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative . . . any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard". NHTSA considers it an element of design on vehicles that they have lightning and other equipment which are required by Standard No. 108 and whose effectiveness is not impaired by additional lighting equipment. Therefore, a manufacturer, distributor, dealer, or motor vehicle repair business installing a fog lamp would have to take care that the fog lamp, by its intensity, color or placement, does not impair the performance of required lighting equipment.

If the installation of your fog lamps would impair that effectiveness, a manufacturer, distributor, dealer, or motor vehicle repair business installing such fog lamps would be rendering inoperative that design element of the vehicle, and thereby violating section 108 (a) (2)(A) of the Act. Section 109 of the Act (15 U.S.C. 1398) specifies a civil penalty of up to $1,000 for each violation of section 108, and each vehicle on which this element of design was rendered inoperative would be considered a separate violation. You should note that the prohibitions of section 108(a) (2) (A) do not apply to a vehicle owner rendering inoperative some element of design on his or her vehicle. Hence, if your aftermarket reflectors are sold to and installed by vehicle owners, those persons would not be subject to the prohibition of section 108 referenced above.

You should also be aware of the responsibilities imposed by the Act on manufacturers of motor vehicle equipment, such as reflective mirrors or fog lamps. If either you, as a manufacturer, or this agency determines that your product does not comply with an applicable safety standard or that the products contain a defect related to motor vehicle safety, you as the manufacturer would be required to remedy that noncompliance or defect. Section 154(a) (2) (B) of the Act (15 U.S.C. 1411(a) (2)(b)) specifies that, if an item of motor vehicle equipment fails to comply with an applicable standard or contains a safety-related defect, the manufacturer must notify purchasers of the noncompliance or defect and must either:

1. repair the product so that the noncompliance or defect is removed;

or

2. replace the product with an identical or reasonably equivalent product that does not have the noncompliance or defect.

Whichever of these options is chosen, you as the manufacturer must bear the full expense of the remedy and cannot charge the product owner for the remedy if the product was first purchased less than 8 years before the notification campaign

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures

May 28, 1986

DEPARTMENT OF TRAFFIC 400 7TH STREET WASHINGTON, D.C. U.S.A

Dear Sirs,

Thanks your letter of May 13. We are the professional manufacturer & exporter of Auto Parts and Accessories. We want to expand our business line about (1) Traffic Alarm System Equipment and (2) Safety Accessories. So we would like to know the relative of the following goods:

(1) Rear Mirror (2) Fog Lamp

Could you send us all regulations which D.O.T. required for selling these products in states of U.S.A. in due form.

Thanks in advance.

Very Sincerely Yours, LEECHIEN INC.

Manager: Ivan Chien

ID: nht94-5.30

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 responsibility 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 covers 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 contact with the wheel when the wheel disc is installed on the axle.

2

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 that 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: nht94-1.39

TYPE: Interpretation-NHTSA

DATE: February 3, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Maine E. Peace -- Supervising Revenue Officer, State of Washington, Department of Revenue

TITLE: None

ATTACHMT: Attached to FAX dated 8/3/93 from Maine E. Peace to Robert Hellmuth (OCC-8957)

TEXT:

This is in response to your FAX of August 3, 1993, to Robert Hellmuth, Director of the Office of Vehicle Safety Compliance, with respect to the disposition of Canadian vehicles seized in the State of Washington for violations of Washington law regarding the possession and transportation of illegal cigarettes. I apologize for the delay in our response. You have requested that we "provide authority for the department of Revenue to sell the vehicles locally even tho (sic) they were manufactured in Canada , providing of course the vehicles meet most if not all the standards regulated by your agency regarding vehicle safety."

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)) provides, among other things, that no person shall import into the United States any motor vehicle that does not comply with U.S. safety s tandards. When a vehicle that doesn't meet the U.S. safety standards crosses the border from Canada into the United States, its driver is regarded as the importer, and, unless the driver or circumstances indicate otherwise, we view the importation as a temporary one by a non-resident for his or her personal use, and hence, permissible.

However, if the State of Washington were to seize the vehicle and sell it locally, the action of the State would have the effect of converting the temporary importation of a non-conforming vehicle into a permanent one. We believe that such action would b e inconsistent with the Safety Act's requirement that no person import into the United States any motor vehicle that doesn't meet U.S. safety standards.

Non-conforming Canadian vehicles are admitted into the United States on the condition that they will be exported back to Canada within one year. We believe that the most appropriate way for the State of Washington to dispose of the vehicles would be to e xport them back to Canada.

If you have any further questions, we shall be pleased to consider them.