ID: 005340drn

Mr. Robert L. Douglas
Director of Product Integrity
IC Corporation
751 South Harkrider
Conway, AR 72032

Dear Mr. Douglas:

This responds to your request for an interpretation of whether an "aluminum extrusion" to be used to mount the upper longitudinal edge of the light bar is excluded from the definition of "body panel joint" as set forth in Federal Motor Vehicle Safety Standard No. 221, School Bus Body Joint Strength. Our answer is yes.

Standard No. 221 requires, among other things, that each body panel joint, when tested in accordance with the procedure of S6, shall hold the body panel to the member to which it is joined when subjected to a force of 60 percent of the tensile strength of the weakest joined body panel determined pursuant to S6.2 (S5.1). Standard No. 221 defines "body panel joint" as:


the area of contact or close proximity between the edges of a body panel and another body component, including but not limited to floor panels, and body panels made of composite materials such as plastic or plywood, excluding trim and decorative parts which do not contribute to the strength of the bus body, members such as rub rails which are entirely outside of body panels, ventilation panels, components provided for functional purposes, and engine access covers.

You state that your company is considering changing the method of mounting the upper longitudinal edge of a light bar. You will be replacing screws with an aluminum extrusion to insert and retain the upper longitudinal edge of the light bar. The aluminum extrusion will be attached to the roof inner liner with screws.

Our opinion is that the aluminum extrusion is a "trim" part and thus is excluded from FMVSS No. 221. The extrusion is similar to the plastic wire trim parts that NHTSA, in an August 31, 2000, letter to Mr. Thomas Turner, determined were trim. The aluminum extrusion does not contribute to the structural integrity or joint strength of the bus. As a manufacturer, however, it is your responsibility to secure the extrusion in such a manner that it is not likely to come unattached and cause injuries in a crash.

If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:221
d.12/3/03

ID: 1982-2.34

DATE: 08/10/82

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Dwight Hicks Jr.

TITLE: FMVSS INTERPRETATION

TEXT:

Dwight Hicks, Jr. 1208 Balthis Drive, Apt. B Gastonia, NC 28052

Dear Mr. Hicks:

This responds to your recent inquiry regarding the applicability of Federal Motor Vehicle Safety Standard No. 125 to a warning device you plan to manufacture. That device is a rectangular sign with a base. The sign has the word "HELP" in reflective letters on its surface and is designed to be illuminated by a cyalume light stick attached to the top of the sign. The sign is intended either to be mounted on a vehicle or to be erected on the road.

Section 3 of Standard 125 provides that the standard does not apply to warning devices which have "self-contained energy sources" used to illuminate the device. Although the cyalume light stick used in your device would not provide a very bright source of illumination, the light stick would constitute such an energy source. Therefore, the warning device you describe does not appear to be subject to that standard. This conclusion applies only to the device as described in your submission to us. Subsequent design modifications regarding this energy source could change the agency's conclusion.

With regard to your question as to a recommended color to be used in your sign, section 5.3, of Standard 125 specifies the colors the agency has determined to be most appropriate for use in warning devices. We recommend that you use those colors.

Page 3 of your submission to us includes what appears to be instructions to users of your device. Those instructions state that failure to attach the light sticks to the sign would be a violation of our standards. Neither Standard 125 nor the statute under which it was issued applies to users of warning devices. Instead, they apply to the manufacturers, distributors and sellers of warning devices. These parties are prohibited from manufacturing or selling warning devices which, although subject to the standard, do not comply with our standard. Therefore, we urge deleting the last sentence of the first numbered paragraph on page 3.

If you have further questions on this matter, feel free to contact us.

Sincerely, Original Signed By Frank Berndt Chief Counsel

ID: 3066yy

Mr. Charles Stansell
5414 Robin Road
Garland, TX 75043

Dear Mr. Stansell:

This responds to your letter requesting information about the labeling requirements in Federal Motor Vehicle Safety Standard No. 218, Motorcycle Helmets (49 CFR 571.218). You posed two questions.

First, you asked if it was true that "the law does not prohibit anyone from removing a DOT sticker?" The DOT sticker to which you refer is the helmet manufacturer's certification that the helmet complies with Standard No. 218. Federal law prohibits any manufacturer, distributor, dealer, or repair business from removing the certification from the helmet. Federal law does not prohibit individual owners from removing the DOT certification from their own motorcycle helmets, but State law may do so. You will need to contact officials in the State of Texas to learn if there is such a prohibition in your State.

Second, you asked if it was true that a "large number" of motorcycle helmets manufactured before October 3, 1988 are not considered in violation of Standard No. 218 even though they do not have the DOT certification sticker. It is true that not all helmets manufactured before October 3, 1988 were subject to Standard No. 218. Those helmets that could not fit on the test headform (typically the small and extra small helmets) were not subject to the standard, and were not labeled with a DOT certification. However, the total population of helmets that were too small to fit on the headform was only approximately 10 percent of all helmets. The remaining 90 percent of helmets manufactured before October 3, 1988 were subject to Standard No. 218 and were required to be certified by means of a DOT sticker. All motorcycles helmets manufactured on or after October 3, 1988 are required to be certified as complying with Standard No. 218.

For your information, I have enclosed two of our interpretation letters that provide detailed responses to the issues raised in your letter. These two letters are a December 8, 1988 letter to Mr. Wayne Ivie of the Oregon State Department of Transportation and a December 4, 1987 letter to Mr. Larry Hoppe. I have also enclosed a NHTSA information sheet on motorcycle helmets.

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

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosures /ref:218 D.6/28/91

ID: nht94-2.22

TYPE: Interpretation-NHTSA

DATE: April 7, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Steve J. Brooks -- Program Manager, IAD West Coast, Inc. (CA)

TITLE: None

ATTACHMT: Attached to letter dated 12/8/93 from Steve J. Brooks to Office of Chief Council, NHTSA (OCC 9443)

TEXT:

This responds to your letter asking about the operation and classification of a commercial vehicle you wish to manufacture. The vehicle will carry fewer than 10 passengers and its GVWR will be 11,500 pounds. You were particularly interested in the type of operator's license that would be required of the driver.

Driver licensing requirements for vehicle operators are determined by state law. Since the vehicle's GVWR will be less than 26,000 lbs, and the vehicle will presumably be designed to carry fewer than 15 passengers, the driver will not be required, under the Federal Highway Administration's (FHWA's) Commercial Driver Licensing (CDL) regulations, 49 CFR part 383, to qualify for a commercial driver license. However, some states require that drivers obtain a commercial driver license to drive vehicles tha t have lower GVWRs. The driver licensing requirements of the state in which the vehicle is registered, will apply. For more information about the CDL requirements, you can contact the FHWA Chief Counsel's office at (202) 366-0834.

Vehicle classification is relevant for the regulations and standards of our agency. The National Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards ( FMVSSs) for new motor vehicles and motor vehicle equipment. Each FMVSS for motor vehicles applies to one or more particular types of vehicles, e.g., a standard might apply to passenger cars, buses, trucks, and/or trailers.

To determine which FMVSSs apply to their vehicles, manufacturers classify their vehicles using the definitions in 49 CFR part 571.3 of NHTSA's regulations. Under part 571.3 (copy enclosed), your vehicle, which you said is built in a bus/truck chassis, ap pears to be a "truck" or a "multipurpose passenger vehicle." Under part 567, a manufacturer must state the vehicle classification on the vehicle's certification label and certify that its motor vehicle complies with all applicable FMVSSs. NHTSA may tak e issue with a manufacturer's vehicle classification in an enforcement proceeding if the agency does not agree with the manufacturer's classification.

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

ID: 9443

Mr. Steve J. Brooks
Program Manager
IAD West Coast, Inc.
5761 McFadden Avenue
Huntington, Beach CA 92649

Dear Mr. Brooks:

This responds to your letter asking about the operation and classification of a commercial vehicle you wish to manufacture. The vehicle will carry fewer than 10 passengers and its GVWR will be 11,500 pounds. You were particularly interested in the type of operator's license that would be required of the driver.

Driver licensing requirements for vehicle operators are determined by state law. Since the vehicle's GVWR will be less than 26,000 lbs, and the vehicle will presumably be designed to carry fewer than 15 passengers, the driver will not be required, under the Federal Highway Administration's (FHWA's) Commercial Driver Licensing (CDL) regulations, 49 CFR part 383, to qualify for a commercial driver license. However, some states require that drivers obtain a commercial driver license to drive vehicles that have lower GVWRs. The driver licensing requirements of the state in which the vehicle is registered, will apply. For more information about the CDL requirements, you can contact the FHWA Chief Counsel's office at (202) 366-0834.

Vehicle classification is relevant for the regulations and standards of our agency. The National Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and motor vehicle equipment. Each FMVSS for motor vehicles applies to one or more particular types of vehicles, e.g., a standard might apply to passenger cars, buses, trucks, and/or trailers.

To determine which FMVSSs apply to their vehicles, manufacturers classify their vehicles using the definitions in 49 CFR part 571.3 of NHTSA's regulations. Under part 571.3 (copy enclosed), your vehicle, which you said is built in a bus/truck chassis, appears to be a "truck" or a "multipurpose passenger vehicle." Under part 567, a manufacturer must state the vehicle classification on the vehicle's certification label and certify that its motor vehicle complies with all applicable FMVSSs. NHTSA may take issue with a manufacturer's vehicle classification in an enforcement proceeding if the agency does not agree with the manufacturer's classification.

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

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:567#571 d:4/7/94

ID: nht94-6.49

DATE: April 7, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Steve J. Brooks -- Program Manager, IAD West Coast, Inc. (CA)

TITLE: None

ATTACHMT: Attached to letter dated 12/8/93 from Steve J. Brooks to Office of Chief Council, NHTSA (OCC 9443)

TEXT:

This responds to your letter asking about the operation and classification of a commercial vehicle you wish to manufacture. The vehicle will carry fewer than 10 passengers and its GVWR will be 11,500 pounds. You were particularly interested in the type of operator's license that would be required of the driver.

Driver licensing requirements for vehicle operators are determined by state law. Since the vehicle's GVWR will be less than 26,000 lbs, and the vehicle will presumably be designed to carry fewer than 15 passengers, the driver will not be required, under the Federal Highway Administration's (FHWA's) Commercial Driver Licensing (CDL) regulations, 49 CFR part 383, to qualify for a commercial driver license. However, some states require that drivers obtain a commercial driver license to drive vehicles that have lower GVWRs. The driver licensing requirements of the state in which the vehicle is registered, will apply. For more information about the CDL requirements, you can contact the FHWA Chief Counsel's office at (202) 366-0834.

Vehicle classification is relevant for the regulations and standards of our agency. The National Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and motor vehicle equipment. Each FMVSS for motor vehicles applies to one or more particular types of vehicles, e.g., a standard might apply to passenger cars, buses, trucks, and/or trailers.

To determine which FMVSSs apply to their vehicles, manufacturers classify their vehicles using the definitions in 49 CFR part 571.3 of NHTSA's regulations. Under part 571.3 (copy enclosed), your vehicle, which you said is built in a bus/truck chassis, appears to be a "truck" or a "multipurpose passenger vehicle." Under part 567, a manufacturer must state the vehicle classification on the vehicle's certification label and certify that its motor vehicle complies with all applicable FMVSSs. NHTSA may take issue with a manufacturer's vehicle classification in an enforcement proceeding if the agency does not agree with the manufacturer's classification.

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

ID: nht94-3.23

TYPE: INTERPRETATION-NHTSA

DATE: June 6, 1994

FROM: Hellfried Sandig, Reitter & Schefenacker GMBH & Co. KG

TO: Richard van Iderstine

TITLE: NONE

ATTACHMT: Attached to letter dated 7/8/94 from John Womack to Hellfried Sandig (A42; STD 108)

TEXT: I have your Fax-Nr. from Mr. Althoff/Holla. We are manufacturer from lighting equipments too and we have a rear combination lamp with one stop lamp and two tail lamps.

My question:

is if necessary, that we must have the ratio 5:1/3:1 between the stop and the tail lamp measurements in this arrangement?

In the past, we had only a combination stop/tail with a 32/3 CP filament lamp. And with ECE Reglement No. 7 we don't have this problem.

ID: nht90-3.4

TYPE: Interpretation-NHTSA

DATE: July 2, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Peter Brown -- President, KC HiLites, Inc.

TITLE: None

ATTACHMT: Letter dated 4-25-90 to NHTSA Chief Counsel from Peter Brown attached; OCC 4725 TEXT:

This is in reply to your letter of April 25, 1990, asking for our "comments and approval" regarding an automotive lighting product that your company intends to market. The product is intended for use in a four headlamp systems with lens designations of "L", "LF" or "HB4" on the outboard lamps, and "U", "UF" or "HB3" on the inboard lamps. In normal operation, the lower beam is extinguished when the upper beam is activated; your device would ensure that the lower beam would remain activated when the upp er beam is used. You view this as permissible under S5.5.8 of Motor Vehicle Safety Standard No. 108.

Initially, let me note that we have no authority to "approve" any device or invention for use on motor vehicles. We advise whether such products are permissible under the Federal motor vehicle safety standards, but this advice must not be represented in advertising as Federal approval of the device or invention.

Section S5.5.8 of Standard No. 108 states in pertinent part that "On a motor vehicle equipped with a headlighting system designed to conform to the photometric requirements of Figure 15, the lamps marked "L" or "LF" may be wired to remain permanently act ivated when the lamps marked "U" or "UF" are activated. Standard No. 108 further specifies that headlamps designed to conform to Figure 15 are the four-lamp sealed beam system Type F (S7.3.7(b)), and a four-headlamp integral beam system (S7.4(a)(1)). In addition, certain types of replaceable bulb headlamp systems may also be designed to conform to Figure 15 photometrics, as shown in recently- adopted Figure 26 (copy enclosed). Replaceable bulb headlamps are also required to have the HB Type number on the lens, as well as the "U" and "L" markings. Therefore, installation of your device on the headlighting systems mentioned above would be permitted by Standard No. 108, and you need not be limited to systems that use HB3 and HB4 light sources.

With respect to the copy on the material you submitted for review, it would be more accurate to reword the marking references to state "'LF', 'L', or 'L' and 'HB4' on the upper. . . and the corresponding designation 'UF', 'U', or 'U' and 'HB3' on the low er. . . ."

We also note your remark "Quad-Beam gives you this extra margin of lighting safety that the factory left out." There is no basis in fact for this statement. Some drivers prefer more foreground light, but there is no indication that the addition of the lower beam when the upper beam is in use has a positive effect upon lighting safety.

As you requested, we are returning your samples.

ID: nht68-2.30

DATE: 10/23/68

FROM: AUTHOR UNAVAILABLE; Edward E. Reich; NHTSA

TO: A.J.J. Enterprises Inc.

TITLE: FMVSR INTERPRETATION

TEXT: I am pleased to reply to your letter of October 11, 1968, concerning the importation of a privately purchased foreign motor vehicle.

The Air Quality Act and Federal regulations issued pursuant to it do not apply to used motor vehicles or foreign model vehicles which are imported for personal use, rather than sale or resale. Section 212 of the Air Quality Act, defines a "new motor vehicle" as a "motor vehicle the equitable or legal title to which has never been transferred to the ultimate purchaser . . ." Therefore, if you in good faith purchased an automobile for purposes other than resale, the automobile would not be considered a "new motor vehicle" for purposes of the Act and would not be subject to Federal motor vehicle pollution control requirements. (A copy of the Air Quality Act and appropriate regulations are enclosed for your convenience.) Therefore, you may obtain entry of your vehicle by simply signing a Customs declaration to the effect that the vehicle is not subject to the provisions of the Air Quality Act.

It should be noted that the above relates only to Federal requirements under the Air Quality Act. It implies no opinion as to the possibility of a State law or regulation requiring that 1968 and subsequent model year motor vehicles must be equipped with air pollution control devices. We caution that entry of uncontrolled vehicles for operation in the United States carries the hazard that eventually such vehicles may be barred from use under State law unless suitably altered.

If it is your intention to register your automobile in the State of Hawaii, it may be in your interest to contact officials of that State for information concerning its registration requirements. The official you should contact is:

Mr. Robert S. Nekomoto, Supervisor Air Sanitation Section Health Engineering Branch Environmental Health Division Department of Health P. O. Box 3378 Kinau Hale, Honolulu, Hawaii 96801

Concerning your desire to obtain information regarding required safety devices necessary for importation into the United States, we are referring your letter to Mr. Lowell K. Bridwell of the Department of Transportation and you should expect an answer directly from him.

I hope you find this information helpful. If I can provide any further assistance, please let me know.

A.J.J. ENTERPRISES, INC.

October 11, 1958

Surgeon General Dept. of Health, Education. & Welfare

I am very much in need of informations on how I go about bringing in a special made car for my car rental in Waikiki, Hawaii.

I have spoken to Daihatsu Manufacturer in Japan and they will make me a Beach Buggie with a total weight of 960 lbs.

I have spoken to the Customs Department here in Hawaii and they said I need a letter from the Federal Highway Administration and Surgeon General, Department of Health.

Please supply me with the information I need.

Sincerely,

Alfred J. Johansen, President

ID: 2701y

Mr. Jeffrey Donaldson
Human Factors Engineer
Arcad
l2025 Tech Center Dr.
Livonia, MI 48l50

Dear Mr. Donaldson:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard No. l0l, Controls and Displays. I apologize for the delay in our response. You asked about the requirements of sections S5.l and S5.3.3(a) in connection with an instrument panel illumination intensity control. Your question is addressed below.

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

As noted by your letter, section S5.l of Standard No. l0l reads as follows:

S5.l Location. Under the conditions of S6, each of the following controls that is furnished shall be operable by the driver, and each of the following displays that is furnished shall be visible to the driver. . . .

One of the controls listed under section S5.l is a hand-operated control for illumination intensity. Thus, under section S5.l, an instrument panel illumination intensity control is required to be in a location where it is operable by the driver.

You also noted that section S5.3.3(a) requires that "(m)earns shall be provided for making controls, gauges, and the identification of those items visible to the driver under all driving conditions." You asked whether, under this section, an instrument panel illumination intensity control is required to be "visible to the driver." As discussed below, section S5.3.3(a) does not apply to an instrument panel illumination intensity control.

Section S5.3.3(a) is one of a number of sections which appear under the heading "Illumination." See section S5.3. Standard No. l0l does not require that all controls be illuminated. Section S5.3.l sets forth requirements concerning which controls must be illuminated. Section S5.3.3(a) then sets forth additional illumination requirements for the controls which must be illuminated and their identification (as well as for gauges and their identification).

In order to determine whether section S5.3.3(a) applies to a particular control, the first question is thus whether Standard No. l0l requires illumination for that control. As indicated above, this is covered in section S5.3.l. It provides that, with certain exceptions, the identification required by S5.2.l or S5.2.2 for any control listed in column l of Table l and accompanied by the word "yes" in the corresponding space in column 4 shall be capable of being illuminated whenever the headlights are activated. (Column 4 of Table l includes the heading "Illumination.") Thus, Standard No. l0l requires illumination only for those controls which are listed in Table l and have the word "yes" in the column for illumination.

Since an instrument panel illumination intensity control is not listed at all in Table l, no illumination is required by Standard No. l0l for that control. Given that section S5.3.3(a)'s additional illumination requirements only apply to controls which Standard No. l0l requires to be illuminated, and since no illumination is required for an instrument panel illumination intensity control, the section's requirements do not apply to that control.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:l0l d:l0/l7/90