ID: 11673ZTV

Mr. James Baker
Technical Services Bureau
State of New York
Department of Motor Vehicles
Division of Vehicle Safety Services
Empire State Plaza
Albany, NY 12228

Dear Mr. Baker:

This is in reply to your FAX of March 14, 1996, to Taylor Vinson of this Office. You have assumed that vehicles "that bore a federal certification statement had SAE/Dot approved lighting", and believe that you are "finding out that may not be true." Specifically, you asked whether the agency "would accept lighting that does not bear the SAE/Dot lens markings. Eg. SAE STL-79, SAE DP-81."

The answer is yes, except for original and replacement headlamps covered by paragraph S7 of Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment ). The lenses of these headlamps must be marked DOT as a certification of compliance (paragraph S7.2(a)). These are headlamps manufactured for use on vehicles other than motorcycles.

The SAE codes you quote appear to relate to motorcycle lighting equipment other than headlamps. Thus, it may be that this type of motor vehicle is of some concern to you. Standard No. 108 contains alternative specifications for motorcycle headlighting systems. If the motorcycle has a headlamp system conforming to SAE J584 April 1964, no lens marking is required. However, if the motorcycle is equipped with one half of a type of headlighting system specified in S7, as it is permitted to do pursuant to paragraph S5.1.1.23 of Standard No. 108, the marking requirements of S7.2 continue to apply.

No DOT marking is required for the lens of any other original or replacement lamp. If a manufacturer wishes to certify compliance of a replacement lamp, paragraph S5.8.10 of Standard No. 108 permits it do so by putting a DOT symbol on the lens (otherwise the manufacturer is expected to certify by a label attached to the lamp, or a statement on the container in which it is

shipped). We have never required that lenses be marked with SAE code functions, and note that even the SAE materials that cover individual types of lighting equipment do not contain a specification that lighting devices be marked in accordance with SAE Recommended Practice J759 Lighting Identification Code though many manufacturers do so.

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

Sincerely,

Samuel J. Dubbin Chief Counsel ref:108 d:4/4/96

ID: nht92-1.25

DATE: 12/11/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: GUY MOZZICATO -- MERIDIAN, INC.

ATTACHMT: ATTACHED TO LETTER DATED 6-18-81 FROM FRANK BERNDT TO ROY LITTLEFIELD

TEXT: This responds to your telephone conversation with Walter Myers of my staff on November 16, 1992.

You explained to Mr. Myers that your company, Meridian, Inc., exports used tires and casings from the United States to other countries. You stated that although your company endeavors to export only good quality tires, other used tire exporters are not so quality-oriented and export defective or otherwise unserviceable tires. You further stated that as a result of such unscrupulous practices, the country of Venezuela has asked you what the requirements are for importation of used tires into the United States.

The National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S. Code, @@ 1381 - 1431, as amended (hereinafter referred to as the Safety Act), provides at Section 1397(a)(1)(A): "No person shall . . . import into the United States, any . . . item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect . . . unless it is in conformity with such standard . . . ." The effect of that language is to require that motor vehicle tires, whether new or used, manufactured on and after the effective date of applicable Federal safety standards must comply with those standards before they can be imported into the United States. Manufacturers must certify such compliance by molding the symbol "DOT" onto the tire sidewalls. Therefore, to be legally imported into the United States motor vehicle tires must either display the DOT symbol or be accompanied by proof that they were manufactured before the effective date of the applicable safety standards.

The only exception to the above requirement is that used truck tires which have less than 2/32 inch of tread remaining and which are being imported for retreading prior to on-road use may be imported without displaying the DOT symbol. This exception is explained in a June 18, 1981 letter addressed to Mr. Roy Littlefield of NTDRA (copy enclosed).

The standards that apply to passenger car tires are Standard 109, New Pneumatic Tires, and Standard 110, Tire Selection and Rims, found at 49 Code of Federal Regulations (CFR) 571.109 and 571.110 respectively. The standards applicable to tires for vehicles other than passenger cars are Standard 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars, 49 CFR 571.119; and Standard 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars, 49 CFR 571.110. Other regulatory requirements pertinent to tires are Standard 117, Retreaded Pneumatic Tires; Standard 129, New Non-Pneumatic Tires for Passenger Cars; 49 CFR Part 569, Regrooved Tires; 49 CFR Part 574, Tire Identification and Recordkeeping; and 49 CFR Part 575, Consumer Information Regulations. For your information, I am enclosing a fact sheet prepared by this agency entitled Where to Obtain NHTSA's Safety Standards and Regulations which explains how and from where the full text of our safety standards and regulations may be obtained.

I hope the above information will be helpful to you. If you have any further questions regarding any of these matters, please feel free to contact Mr. Myers at this address or at (202) 366-2992, FAX (202) 366-5830.

ID: 1985-04.44

TYPE: INTERPRETATION-NHTSA

DATE: 12/19/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Thomas C. Bielinski, Esq.

TITLE: FMVSS INTERPRETATION

TEXT:

Thomas C. Bielinski, Esq. 33 N. Dearborn Street Suite 1530 Chicago, IL 60602

Re: Bartlett v. Wards

The National Transportation Safety Board has forwarded to us for reply your letter of August 29, 1985, asking for information on standards and other regulations regarding the design and manufacture of mopeds.

This agency, the National Highway Traffic Safety Administration, issues the Federal Motor Vehicle Safety Standards which all motor vehicles must meet upon manufacture and initial sale. "Moped" is not a defined vehicle category under the safety standards but the defined category of "motorcycle" covers all two-wheeled vehicles such as mopeds. These standards will be found at Title 49 Code of Federal Regulations Part 571 and the applicability section of each standard (either paragraph S2 or S3) will tell you whether it applies to "motorcycles". Standards have been adopted for motorcycle brake hoses, (571.106), lighting, (571.108), mirrors (571.111), vehicle identification number (571.115 and Part 565), brake fluids (571.116), tires (571.119), rims (571.120), braking systems (571.122), controls and displays (571.123) and glazing (571.205). Manufacturers must certify compliance with all applicable Federal motor vehicle safety standards (Part 567).

You will find that sections of some of these standards impose a lesser degree of performance upon "motor-driven cycles". These are motorcycles producing 5 horsepower or less, and thus include most mopeds of which we are aware.

The individual States are not preempted from having their own standards for area of performance not covered by Federal standards (for covered areas, however, State standards must be identical), and you may also wish to examine the laws of the jurisdiction in which the moped in your case was licensed or being operated.

A manufacturer is required to file an information statement with the agency within 30 days of commencing production (Part 566). If a vehicle fails to conform to a safety standard or contains a safety related defect, its manufacturer must notify the agency, owners, and dealers, and remedy the problem (Part 573 and 577).

I hope that this information is useful to you.

Sincerely,

Erika Z. Jones Chief Counsel

August 29, 1985

National Transportation Safety Board 2300 E. Devon Des Plaines, Illinois

RE: Bartlett vs. Wards

To Whom It May Concern:

Could You Please provide the undersigned with any rules, standards, or regulations concerning the design and manufacture of mopeds.

Please bill me for any costs involved.

Thanking you for your cooperation, I remain,

Very truly yours,

Thomas C. Bielinski

TCB/dm

ID: nht94-3.30

TYPE: INTERPRETATION-NHTSA

DATE: June 8, 1994

FROM: Rick Rogers

TO: Robert Mellmuth -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7/21/94 from John Womack to Rick Rogers (A42; STD 108); and letter dated 1/25/90 from Stephen P. Wood to Larry S. Snowhite

TEXT: I'd like to present an idea to the auto industry that has been an oversight for some time. An idea that can prevent tens of thousands of accidents and save thousands of lives.

The great thing is that it costs next to nothing to implement, and makes the industry shine with innovation. Here it is.

A cars brake lights should go on not only when the break pedal is pressed, but should also go on when the gas pedal is released.

There it is. Simple and effective. We're saving tenths of seconds during critical moments before a rear and accident. We're letting cars space themselves more appropriately during stop and go, bumper to bumper traffic. We're letting the person driv ing behind us know that we no longer have out foot on the gas pedal, but have motioned toward caution to either brake or to start to coast slower. Either way, we're letting the driver behind us drive more intelligently by giving them as much warning as to how our car is operating.

Lets carry the implementation of this idea one step further. Lets get sophisticated. Cars and trucks have clutches, so lets engage our brake device when the clutch is moved to neutral. This idea lends us to make two kinds of brake lights. Fully en gaged and pre-engaged. Fully engaged represents the lighting method currently being used by the auto industry. You hit your brakes and your brake light comes on. Pre-engaged (passive engaged) brake lights represent brake lights that would be displayed with a lesser light intensity to prewarn the driver behind your vehicle that your vehicle may soon brake. They would go on when the gas pedal is released for cars and trucks with automatic transmissions, and would go on when a vehicle with a clutch mov es to neutral and/or when the gas pedal is released. These brake lights could be either a seperate bulb of lesser wattage, or can even be incorporated into the regular brake light bulbs as a secondary filament.

Whether pre-engaged (passive engaged) brake lighting becomes a reality on the less sophisticated automobiles or not, a quicker brake signal makes sense. Todays cars are more responsive than ever, but drivers are drivers. We need all the reaction time we can get. This idea will give it.

Sometimes a simple idea can make our life simpler, and safer. Feel free to call or write if you feel this idea merits your interests in vehicle safety. I hope for the sake of drivers abroad that this idea is one the auto industry will embrace.

ID: 9833

Mr. Gary Klingaman
Engineer
Inter Pipe, Inc.
3807 W. Adams
Phoenix, AZ 85009-4764

Dear Mr. Klingaman:

This responds to your March 16, 1994, letter inquiring about the applicability of National Highway Traffic Safety Administration (NHTSA) regulations to the alteration of used motor vehicles. You stated that your company manufactures water trucks and lube/fuel service trucks by adding water tanks and various other apparatus to incomplete vehicles. Your question is whether you are required to add a certification label (as required in 49 C.F.R. 571.115) even if you use a "pre-owned" (I assume you mean "used") truck chassis.

Some background information on Federal motor vehicle safety laws and regulations may be helpful. As you are aware, our agency is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.; Safety Act), to issue safety standards applicable to new motor vehicles and certain 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.

Whether Inter Pipe, Inc. would have to apply a certification label depends upon whether the vehicles your company modifies are new (that is, the vehicles have not yet been sold to the first retail purchaser) or used (vehicles that have already been sold to and used by the first retail purchaser). With respect to your company's modifications of new vehicles, your company would be a "final stage manufacturer" for the purposes of NHTSA's laws and regulations. 49 C.F.R. 568.6 requires a final stage manufacturer of a new vehicle to affix a certification label in accordance with 49 C.F.R. 567.5.

The requirements of 49 C.F.R. Parts 567-568 do not apply if you modify used vehicles. Hence, your company is not required to affix a manufacturer's label to those used vehicles you convert into water trucks or fuel/lube trucks. However, 108(a)(2)(A) of the Safety Act provides that no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly "render inoperative," in whole or in part, 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. Therefore, you must be careful when adding your equipment not to degrade the truck's ability to meet the safety standards.

For your information, I have enclosed a general information sheet for manufacturers that gives a thumbnail sketch of the relevant NHTSA regulations and explains how to get copies of those regulations.

I hope this information is helpful. If you have any further questions or need some additional information on this subject, feel free to contact our office at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosures ref:567 d:4/21/94

ID: nht94-6.18

DATE: April 21, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Gary Klingaman -- Engineer, Inter Pipe, Inc.

TITLE: None

ATTACHMT: Attached To Letter Dated 3/16/94 From Gary Klingaman To NHTSA Office Of Chief Counsel (OCC - 9833)

TEXT: Dear Mr. Klingaman:

This responds to your March 16, 1994, letter inquiring about the applicability of National Highway Traffic Safety Administration (NHTSA) regulations to the alteration of used motor vehicles. You stated that your company manufactures water trucks and lube/fuel service trucks by adding water tanks and various other apparatus to incomplete vehicles. Your question is whether you are required to add a certification label (as required in 49 C.F.R. @ 571.115) even if you use a "pre-owned" (I assume you mean "used") truck chassis.

Some background information on Federal motor vehicle safety laws and regulations may be helpful. As you are aware, our agency is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1381 et seg.; Safety Act), to issue safety standards applicable to new motor vehicles and certain 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.

Whether Inter Pipe, Inc. would have to apply a certification label depends upon whether the vehicles your company modifies are new (that is, the vehicles have not yet been sold to the first retail purchaser) or used (vehicles that have already been sold to and used by the first retail purchaser). With respect to your company's modifications of new vehicles, your company would be a "final stage manufacturer" for the purposes of NHTSA's laws and regulations. 49 C.F.R. @ 568.6 requires a final stage manufacturer of a new vehicle to affix a certification label in accordance with 49 C.F.R. @ 567.5.

The requirements of 49 C.F.R. Parts 567-568 do not apply if you modify used vehicles. Hence, your company is not

2

required to affix a manufacturer's label to those used vehicles you convert into water trucks or fuel/lube trucks. However, @ 108(a)(2)(A) of the Safety Act provides that no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly "render inoperative," in whole or in part, 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. Therefore, you must be careful when adding your equipment not to degrade the truck's ability to meet the safety standards.

For your information, I have enclosed a general information sheet for manufacturers that gives a thumbnail sketch of the relevant NHTSA regulations and explains how to get copies of those regulations.

I hope this information is helpful. If you have any further questions or need some additional information on this subject, feel free to contact our office at (202) 366-2992.

Enclosures

ID: nht87-3.46

TYPE: INTERPRETATION-NHTSA

DATE: 12/12/87

FROM: Erika Z. Jones -- NHTSA

TO: Edwin C. Silverstein

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Edwin C. Silverstein 108 Mayfair Lane Mt. Laurel, NJ 08054

Dear Mr. Silverstein:

Thank you for your letter of August 16, 1986, concerning how our standards apply to a product you have invented. According to the literature you provided us, your product, "Limo Leash" is a harness system used to secure an animal in a vehicle. The system consists of a piece of webbing which can be attached at either end to the "clothes hooks" installed in a vehicle. A snap hook, which can be attached to the animal's collar, slides along the webbing to allow the animal to move back and forth.

There are no Federal motor vehicle safety standards that apply to a harness system used for animals. However, since your product is sold as an accessory for use in a motor vehicle, we would consider it an item of motor vehicle equipment. Thus, the manufa cturer of your product would be covered by the agency's regulations on safety-related defects that would pose a hazard to other vehicle occupants. I have enclosed an information sheet which describes those regulations.

Since there may be state regulations governing the manufacture or use of your product, I suggest you check with state transportation officials in the jurisdictions in which you intend to market your product.

If you have any further questions, please let me know.

Sincerely,

Erika Z. Jones Chief Counsel

SIZE Associates

LIMO-LEASH

A vehicle animal safety harness for the protection of your pet and the safety of the driver.

This Animal Safety Harness is adjustable. can be made shorter or longer by the use of the Cam-Buckles at each end of the webbing. D-Rings with Bar can be hooked on the existing clothes hooks that have been installed by the Car/Truck Manufacturer. The Sna p-Hook and Tri-Ring can be move back and forth on the webbing. Enclosed for your convenience are two (2) Suction Disks with Hooks. They will be used Only if you want your pet further to the rear of your vehicle. (Suggestion : Any type of adhesive can be used on the suction disks for a stronger hold) Attach Suction Disks On the rear side windows of your vehicle at the same height.

Edwin C. Silverstein 108 Mayfair Lane Mt. Laurel, N. Joseph

Aug 16, 1986

Erika Z. Jones Chief Council NHTSA

Ref: LIMO LEASH

My Dear Erika Z. Jones

A Mr. William Smith advised me to send you a letter in reference to the "LIMO LEASH", an animal harness for the safety of the driver of a car/truck and the safety of the animal.

Please advise me what I shall do so I can get your opinion on the invention of mine.

Respectfully,

Ed Silverstein

ID: nht94-2.96

TYPE: Interpretation-NHTSA

DATE: May 18, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Neil Rowe -- Rowe Manufacturing

TITLE: None

ATTACHMT: Attached to letter dated 1/1/94 (EST) from Rowe Manufacturing

TEXT:

This responds to your letter requesting information about Federal requirements applicable to your product, the Glad Grip. You stated that this product serves as a handle to help connect and disconnect truck tractor air brake hoses at the glad hand. I am pleased to have this opportunity to explain our regulations to you.

By way of background, NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue Federal motor vehicle safety standards (FMVSSs) that set performance requirements for new motor vehicles and new items of motor vehicle e quipment, such as your product. However, NHTSA has not issued any FMVSS for your product.

Our standard for brake hoses (FMVSS 106) applies to air brake hoses, end fittings and assemblies installed as original equipment and to those sold in the aftermarket. Standard 106 defines "brake hose end fitting" as a coupler, other than a clamp, designe d for attachment to the end of a brake hose. You describe the Glad Grip as a device which attaches to the end fitting of an air brake assembly and the glad hand. Since the brake hose that attaches to the Glad Grip is equipped with its own end fittings, t he Glad Grip itself is not an end fitting. Therefore, Standard 106 is inapplicable.

While it does not appear that you will market your device as original equipment on new vehicles, bear in mind that FMVSS No. 121, AIR BRAKE SYSTEMS, applies to trucks and trailers. Any new truck or trailer that has your product as original equipment must meet the standard's requirements with your product installed.

I note also that, while NHTSA has not issued any standards for a device such as yours, you are subject to the requirements in sections 151-159 of the Safety Act concerning the recall of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the Glad Grip contains a safety related defect, you as the manufacturer of the product would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Further, the Glad Grip is also subject to the requirements of 49 CFR Part 393.45 and 393.46 (copy enclosed), which are regulations administered by the Federal Highway Administration (FHWA) for commercial vehicles. If you are interested in these FHWA requ irements, you can write to that agency at the addressed provided in the enclosed information sheet.

I hope this information is helpful. If you have any other questions about NHTSA's safety standards, please contact Marvin Shaw of my staff at this

address or by telephone at (202) 366-2992.

ID: 9929

Mr. Neil Rowe
Rowe Manufacturing
1266 Highway 96 - Box 386
Gladbrook, IA 50635-0386

Dear Mr. Rowe:

This responds to your letter requesting information about Federal requirements applicable to your product, the Glad Grip. You stated that this product serves as a handle to help connect and disconnect truck tractor air brake hoses at the glad hand. I am pleased to have this opportunity to explain our regulations to you.

By way of background, NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue Federal motor vehicle safety standards (FMVSSs) that set performance requirements for new motor vehicles and new items of motor vehicle equipment, such as your product. However, NHTSA has not issued any FMVSS for your product.

Our standard for brake hoses (FMVSS 106) applies to air brake hoses, end fittings and assemblies installed as original equipment and to those sold in the aftermarket. Standard 106 defines "brake hose end fitting" as a coupler, other than a clamp, designed for attachment to the end of a brake hose. You describe the Glad Grip as a device which attaches to the end fitting of an air brake assembly and the glad hand. Since the brake hose that attaches to the Glad Grip is equipped with its own end fittings, the Glad Grip itself is not an end fitting. Therefore, Standard 106 is inapplicable.

While it does not appear that you will market your device as original equipment on new vehicles, bear in mind that FMVSS No. 121, Air Brake Systems, applies to trucks and trailers. Any new truck or trailer that has your product as original equipment must meet the standard's requirements with your product installed.

I note also that, while NHTSA has not issued any standards for a device such as yours, you are subject to the requirements in sections 151-159 of the Safety Act concerning the recall of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the Glad Grip contains a safety related defect, you as the manufacturer

of the product would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Further, the Glad Grip is also subject to the requirements of 49 CFR Part 393.45 and 393.46 (copy enclosed), which are regulations administered by the Federal Highway Administration (FHWA) for commercial vehicles. If you are interested in these FHWA requirements, you can write to that agency at the addressed provided in the enclosed information sheet.

I hope this information is helpful. If you have any other questions about NHTSA's safety standards, please contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosures

ref:106 d:5/18/94

ID: 86-2.33

TYPE: INTERPRETATION-NHTSA

DATE: 04/23/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: ANONYMOUS

TITLE: FMVSS INTERPRETATION

TEXT:

Dear

This is in reply to your letter of October 31, 1985, asking for confirmation of your interpretation that the location of a proposed motorcycle rear turn signal system meets the requirements of Motor Vehicle Safety Standard No. 108.

Table IV of Standard No. 108 requires motorcycle turn signal lamps to be located "at or near the rear" and to have "a minimum horizontal separation distance (centerline to centerline of lamps) of 9 inches." Further, the "minimum edge to edge separation distance between lamp and tail or stop lamp is 4 inches." The diagram you have attached shows that the minimum horizontal separation distance between the turn signal lamps is 12 inches, and therefore complies with that requirement of Standard No. 107. However, the turn signal lamps are not mounted adjacent to the stop/taillamp which is on the rear of the vehicle on what appears to be the body but forward of it so that in a two-dimensional side elevation the edge to edge separation distance of the stop/taillamp and the turn signals is 3.75 inches. A plan view indicates that the horizontal separation distance between edge to edge is 2 inches. The actual edge to edge separation distance as measured by a continuous straight line is 5 inches, and you believe that this satisfies the standard's requirement for a minimum edge-to-edge separation of 4 inches.

We do not agree with this interpretation since it is premised on a frame of reference different from that used in Table IV to express the location requirements for turn signals. The frame of reference used in Table IV is that of a rear elevation in which the motorcycle is bisected by a vertical centerline. This is the appropriate frame of reference since it implements the safety rationale giving rise to the location requirement. Standard No. 108 specifies a minimum separation distance to minimize the possibility that an observer will be confused as to a lamp's function. A motorist approaching directly from the rear will perceive an edge-to-edge separation distance between the stop/tail and turn signal lamp of only 2 inches if your configuration is used. Therefore, each turn signal lamp must be relocated 2 inches further outboard if it is to comply with Standard No. 108.

Your request for confidentiality is honored, to the extent that the copy of this letter made publicly available will include neither the identification of you and your company, nor the diagram you provided.

Sincerely,

Erika Z. Jones Chief Counsel