ID: nht94-3.88

TYPE: INTERPRETATION-NHTSA

DATE: August 5, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA; Stamped Signature by Kenneth N. Weinstein

TO: John E. Gillick, Esq. -- Winthrop, Stimson, Putnam & Roberts

TITLE: NONE

ATTACHMT: Attached to letter dated 5/16/94 from Gianfranco Venturelli to Christopher Hart

TEXT: Dear Mr. Gillick:

This responds to your request for an interpretation of the phase-in requirements of Standard No. 214, Side impact protection. In the alternative, you also petition NHTSA to grant your client, Automobili Lamborghini S.p.A. (Lamborghini), a temporary exemp tion from Standard No. 214 until September 1, 1996, pursuant to 49 CFR part 555, Temporary exemption from motor vehicle safety standards.

By way of background, on October 30, 1990 (55 FR 45722), NHTSA published a final rule establishing new dynamic performance requirements for Standard No. 214, and two alternative phase-in schedules for manufacturers to comply with the new requirements. Y ou write that Lamborghini was owned by Chrysler Corporation at the final rule's publication, and Lamborghini planned to comply with Standard No. 214's phase-in schedule by being counted as part of Chrysler's fleet.

You write that on January 31, 1994, Chrysler sold Lamborghini. You state that Lamborghini, on its own, is not able to meet either of the two phase-in schedules established in Standard No. 214. Thus, despite Lamborghini's sale, you are asking NHTSA to p ermit Chrysler to include Lamborghini's vehicles as part of Chrysler's fleet for purposes of compliance with Standard No. 214's phase-in schedule.

We are unable to interpret the phase-in requirements of Standard No. 214 as you suggest. This is because these requirements apply to vehicles "produced by more than one manufacturer," and the vehicles in question will not be. Alternatively, we have furt her determined that your request would be most appropriately resolved by treating it as a

2

petition pursuant to part 555. We are presently reviewing your submission pursuant to part 555, and anticipate issuing a proposed decision shortly. If you have any questions, please contact Mr. Z. Taylor Vinson of my staff at (202) 366-2992.

ID: 86-2.25

TYPE: INTERPRETATION-NHTSA

DATE: 04/21/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Dave Trowbridge

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Dave Trowbridge Aftermarket Sale Creation Windows of Indiana, Inc. P.O. Box 1046 Elkhart, Indiana 46515

Dear Mr. Trowbridge:

This is in reply to your letter of February 25, 1986, with reference to a design for a center high-mounted stop lamp intended for pickup covers or shells. You have asked for our advice regarding the applicability of Federal motor vehicle safety standards.

The center high-mounted stop lamp is required only on passenger cars, and its specifications apply only to original or replacement equipment on cars manufactured on or after September 1, 1985. There are no requirements for aftermarket applications such as you envision. The legality of your device would be determined under the laws of a State where the lamp is installed or used.

We would recommend, however, that you attempt to conform your device as closely as possible to Federal requirements, such as an illuminated lens area of not less than 4 square inches, and mounted in such a manner as to minimize reflections in the rear glass. A copy of the Federal standard is enclosed.

I hope that this answers your questions. We appreciate your interest in motor vehicle safety.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure

February 25, 1986 Office of Chief Counsel National Highway Traffic Safety Assn. 400 7th Street Southwest Washington, DC 20590

Gentlemen:

We are manufacturers of custom windows and doors for the recreational vehicle market, automotive aftermarket and second party vehicle manufacturers. Of particular concern is our production and design of the "3rd stop light" to our door assemblies for pickup cover doors (see attached).

Our doors are supplied to manufacturers of these covers or shells and will be supplied with this added safety feature.

Your assistance, at your earliest possible convenience, is appreciated in advance regarding those pertinent and applicable NHTSA, FMVSS or other specifications that may apply to the mounting of this light assembly to the inside of the door assemblies we manufacture for our customers. The light assembly itself will be either sourced or manufactured with concern for those specifications that may apply to the light and its visibility, wiring, etc.

Cordially, Dave Trowbridge Aftermarket Sales

DT/jb

Attachment

ID: nht93-6.33

DATE: September 7, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Reuven Koter -- Director, Baran Advanced Technologies Ltd.

TITLE: None

ATTACHMT: Attached to letter (fax) dated 7/21/93 from Reuven Koter to Rich Van Iderstine

TEXT:

We are replying to your FAX of July 21, 1993, to Mr. Van Iderstine of this agency, and are enclosing a copy of SAE J590b as you requested.

You have asked us to identify the U.S. regulations pertaining to turn signal and hazard warning signal lights including tell-tales. The applicable regulation is Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. Standard No. 108 incorporates by reference many SAE materials, including those regarding flashers. In addition to SAE J590b (turn signal flasher, with the exceptions noted in S5.1.1.19 and S5.1.1.20 of Standard No. 108) Standard No. 108 incorporates SAE J589 (turn signal operating unit, with the exception noted in S5.1.1.13), SAE J588 (turn signal lamps for vehicles less than 2032 mm in overall width and J1395 for wider vehicles), J910 (vehicular hazard warning signal operating unit) and J945 (vehicular hazard warning signal flasher). The turn signal pilot indicator specifications are at paragraph 5.4.3 in SAE J588 and J1395. NHTSA is not contemplating rulemaking concerning any of these requirements.

We understand from Mr. Van Iderstine that you are contemplating manufacturing a device that senses the sudden release of the accelerator pedal and activates the hazard warning lamp system. Under Standard No. 108, this device is permissible as original vehicle equipment (i.e. installed at the factory, or by the dealer before sale) if it does not impair the effectiveness of any of the lighting equipment that is required by Standard No. 108. We assume that the device would be automatically deactivated when the brake pedal is applied and that manual deactivation is not required. We further assume that the device is not activated under normal stopping conditions.

Finally, we assume that manual activation of the turn signals will override the device should it be operating at the time the turn signal control is activated. Under these assumptions, we do not believe that the device would impair the effectiveness of the stop, tail, and turn signal lamps required by Standard No. 108. However, the judgment of impairment is one made by the person installing the device who must certify (or ensure that the certification remains valid) that the vehicle incorporating the device complies with all applicable Federal motor vehicle safety standards.

Mr. Van Iderstine advises that no further details are currently available on ECE agenda item "Regulation No. 48."

Attachment

Copy of SAE J590B - Automotive turn signal flashers. (Text omitted.)

ID: 8935

Air Mail

Mr. Reuven Koter Director Baran Advanced Technologies Ltd. P.O. Box 3153 Beer Sheva 84131 Israel

Dear Mr. Koter:

We are replying to your FAX of July 21, 1993, to Mr. Van Iderstine of this agency, and are enclosing a copy of SAE J590b as you requested.

You have asked us to identify the U.S. regulations pertaining to turn signal and hazard warning signal lights including tell-tales. The applicable regulation is Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. Standard No. 108 incorporates by reference many SAE materials, including those regarding flashers. In addition to SAE J590b (turn signal flasher, with the exceptions noted in S5.1.1.19 and S5.1.1.20 of Standard No. 108) Standard No. 108 incorporates SAE J589 (turn signal operating unit, with the exception noted in S5.1.1.13), SAE J588 (turn signal lamps for vehicles less than 2032 mm in overall width and J1395 for wider vehicles), J910 (vehicular hazard warning signal operating unit) and J945 (vehicular hazard warning signal flasher). The turn signal pilot indicator specifications are at paragraph 5.4.3 in SAE J588 and J1395. NHTSA is not contemplating rulemaking concerning any of these requirements.

We understand from Mr. Van Iderstine that you are contemplating manufacturing a device that senses the sudden release of the accelerator pedal and activates the hazard warning lamp system. Under Standard No. 108, this device is permissible as original vehicle equipment (i.e. installed at the factory, or by the dealer before sale) if it does not impair the effectiveness of any of the lighting equipment that is required by Standard No. 108. We assume that the device would be automatically deactivated when the brake pedal is applied and that manual deactivation is not required. We further assume that the device is not activated under normal stopping conditions.

Finally, we assume that manual activation of the turn signals will override the device should it be operating at the time the turn signal control is activated. Under these assumptions, we do not believe that the device would impair the effectiveness of the stop, tail, and turn signal lamps required by Standard No. 108. However, the judgment of impairment is one made by the person installing the device who must certify (or ensure that the certification remains valid) that the vehicle incorporating the device complies with all applicable Federal motor vehicle safety standards. Unless that judgment is clearly erroneous, NHTSA will not question it.

Mr. Van Iderstine advises that no further details are currently available on ECE agenda item "Regulation No. 48."

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:108 d:9/7/93

ID: nht93-4.38

DATE: June 18, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA; Signature by Ken Weinstein

TO: Bob Jones -- Director of Engineering, Independent Mobility Systems, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 4-29-93 from Bob Jones to Mary Versailles.

TEXT: This responds to your letter of April 29 1993, addressed to Mary Versailles of this office, requesting information on the proper testing of your raised-roof minivan for compliance with Federal Motor Vehicle Safety Standard (FMVSS) 220, SCHOOL BUS ROLLOVER PROTECTION.

You correctly stated in your letter that the school bus rollover protection requirements of FMVSS 220 do not apply to minivans. You explained, however, that many states and/or localities require compliance with FMVSS 220 for vehicles equipped to transport the handicapped, and you asked how properly to test your raised-roof minivan for compliance with FMVSS 220.

Since the requirements you referred to are state or local requirements, this agency cannot comment on them. You should contact the states or localities concerned to find out what their expectations are in that regard.

I hope this information will be of assistance to you.

ID: nht92-7.2

DATE: May 15, 1992

FROM: Douglas Berg -- President, Ascend Productions

TO: NHTSA Legal Council

TITLE: None

ATTACHMT: Attached to letter dated 7/28/92 from Paul J. Rice to Douglas Berg (A39; Std. 125)

TEXT:

As highway safety authorities you are aware of the danger motorists are subjected to when they have a problem on the highway and must stop on the side of the road. Motorists and passengers run the risk of being hit by passing traffic or otherwise suffering further, when they are unable to exclaim their need for help. According to the National Highway Traffic Safety Admin. 45,000 injuries and 367 deaths occurred in the U.S. last year as motorists worked on there vehicle, walked for or awaited help.

No safe and effective means exists for motorists to communicate a distress. According to Phil Hartman of the American Automobile Association, 23 million out of the 32 million AAA members were in need of road service last year. That is over 70% or 2 in every 3 drivers.

We would greatly appreciate your recognition and support for Ascend Productions' HAZARD HELPER Safety Sign and Motorists Safety Program. Our hope is that this product and program represent the new standard of communication for motorists in distress. The HAZARD HELPER Safety Sign eliminates the ambiguity surrounding the unclear and dangerous situations when a motorist must stop, whether it be a medical emergency, a mechanical breakdown, a rest stop, or even to await for known assistance. This new standard will make driving safer and less worrisome for the millions of motorists who become disabled every year.

The HAZARD HELPER Safety Sign displays two universal symbols: On one side are two help needed symbols and on the other side, two hazard alert symbols. Two symbols are used so both direction of traffic are alerted with the same message. The American version of this product uses yellow retroreflective sheeting as a background to be consistent with current Federal highway (warning signage. The triangle is used universally to represent warning or hazard and is used to symbolize hazard alert for motorists. The help needed symbols compliment the current human-hazard road signage. The human-like figure universally personifies the nonverbal exclamation for help. These symbols are represented in black on the American version of this product to effectively contrast the yellow (warning) background. The European version of the HAZARD HELPER Safety Sign has red symbols on a white background.

We know that there are limits on the forms of advocacy or recognition that the NHTSA could give this sort of matter. We would truly appreciate any and all support for this Safety Program and Product. At the very least, a short letter written at your convenience, back to us at Ascend would help enormously in transforming this vision into reality as we begin to make the public and media aware of the HAZARD HELPER Safety Sign. Please call with any questions or comments at 1-800-972-6633, we would love to have your feedback.

ID: nht72-1.18

DATE: 09/18/72

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Demman Rubber Manufacturing Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of August 14, 1972, requesting information as to whether you may sell tires to a Mr. Harvey Livingston, who is in the business of repairing tires with correctable defects. You ask what assurance you should obtain that the tires are actually repaired and rebranded by Mr. Livingston before their sale by him.

The sale of passenger car tires is subject to the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) and Motor Vehicle Safety Standard No. 109. "New (Illegible Word) Tires" (49 CFR 571.109). Under these provisions tire manufacturers may sell passenger car tires only in the following circumstances: They may sell tires which perform to the performance and labeling requirements of Standard No. 109, and which have been certified as specified in the standard and the Tire Identification and Recordkeeping regulations (49 CFR Part 574); or, they may sell, until October 1, 1972, (See our notice of August 17, 1972, 37 F.R. 16694) tires which have been reclassified pursuant to paragraph S6 of Standard No. 109. This requires the removal original labeling and the affixing of new labels which were against the was of such tires on public highways. These restrictions apply to the sale of passenger car tires so any purchasers including persons such as Mr. Livingston, who wish to repair the tires and resell them.

If you sell conforming tires to Mr. Livingston, he would not be required by Federal regulations to remove Demmas labeling and to affix his own. Whether or not he did this would depend upon whatever agreement you reach with him. A satisfactory assurance, should you agree with him to follow this procedures, would be a written agreement to that affect; but you should also record the serial numbers of tires which you sell to him. Demman, however, is not permitted to remove its own labeling before sale.

Even if Mr. Livingston affixes the DOT symbol and his own identification number to the tires, the NHTSA would not necessarily find him responsible should the tire fail to conform to Standard No. 109. Mr. Livingston would be entitled to a show that the reason for the nonconformity is not attributable to the work he performed. If he could demonstrate this, Demmas could then be found responsible for the nonconformity.

If you sell Mr. Livingston "reclassified tires", Mr. Livingston would be required to label the tires as required by Standard No. 109, and to certify their conformity to the Standard before he could sell them as passenger car tires. In this situation, Mr. Livingston would be responsible if the tires failed to conform to Standard No. 109.

We have send Mr. Livingston a copy of our response.

ID: nht90-4.46

TYPE: Interpretation-NHTSA

DATE: October 17, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Jeffrey Donaldson -- Human Factors Engineer, Arcad

TITLE: None

ATTACHMT: Attached to letter dated 3-5-90 from J. Donaldson to S. Wood (OCC 4524)

TEXT:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard No. 101, Controls and Displays. I apologize for the delay in our response. You asked about the requirements of sections S5.1 and S5.3.3(a) in connection with a n 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 manufa cturer 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 S5.1 of Standard No. 101 reads as follows:

S5.1. 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 S5.1 is a hand-operated control for illumination intensity. Thus, under section S5.1, 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. 101 does not require that all controls be illuminated. Section S5.3.1 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. 101 requires illumination for that control. As indicated above, this is covered in section S5.3.1. It provides that, with certain exceptions, the identification required by S5.2.1 or S5.2.2 for a ny control listed in column 1 of Table 1 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 1 includes the heading "Illumination.") Th us, Standard No. 101 requires illumination only for those controls which are listed in Table 1 and have the word "yes" in the column for illumination.

Since an instrument panel illumination intensity control is not listed at all in Table 1, no illumination is required by Standard No. 101 for that control. Given that section S5.3.3(a)'s additional illumination requirements only apply to controls which Standard No. 101 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.

ID: GF004709

Mr. Paul Brooks
220 Rogers Street
Ulster Park, NY 12487

Dear Mr. Brooks:

This is in response to your e-mail of July 12, 2004, in which you ask several questions related to adhesive numbers designed to be affixed to tires. Specifically, you ask whether vehicle owners are permitted to affix large-print adhesive numbers onto the tire sidewalls of their vehicles. You also ask whether the manufacturer of this product would be subject to recall responsibilities.

You describe your large-print adhesive numbers as follows. The numbers, made from either rubber or vinyl and measuring one to three inches in size, would be affixed to the tire sidewalls by adhesive. This would enable vehicle operators to more clearly see the tire pressure information molded onto the tire sidewall or provided elsewhere on the vehicle. You intend to either provide vehicle owners with the correct tire pressure information for their vehicles or more likely, instruct them to consult appropriate information already on the vehicle. Based on the information you have provided, we understand that you intend to sell your large-print adhesive numbers to consumers but do not intend to participate in the installation or application of these adhesive numbers.

By way of background, the National Highway Traffic Safety Administration (NHTSA) issues FMVSSs applicable to the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment. However, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to certify that their vehicles and equipment meet applicable requirements.

49 U.S.C. 30102(a)(7)(B) defines motor vehicle equipment as:

"any component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle"

The large-print adhesive numbers described in your e-mail would be considered an item of motor vehicle equipment as defined in 49 U.S.C. 30102(a)(7)(B) because they are accessories to a motor vehicle. Because these numbers are an item of motor vehicle equipment, they would be subject to the notification and remedy (recall) provisions of 49 U.S.C. 30118-30120. Accordingly, if you or NHTSA determine that your product contains a safety-related defect, you will be responsible for notifying purchasers of the large-print adhesive numbers and remedying the problem free of charge.

Additionally, we note that vehicle owners themselves are not prohibited from affixing large-print adhesive numbers to the tire sidewalls of their vehicles. Generally, Federal law does not prohibit vehicle owners from modifying their own vehicles, even if the installation were to result in the vehicle no longer complying with applicable safety standards.

Finally, we note that S4.3 of the Federal motor vehicle safety standard (FMVSS) No. 110, requires that each vehicle subject to the standard be equipped with a placard which contains tire inflation and certain other information related to tire load limits and proper inflation levels for the safe operation of a motor vehicle. An improved version of this tire information placard will be required beginning September 1, 2005. Although it is not required by our standards, you may wish to advise vehicle owners to consult the tire information placard to find out the proper tire inflation pressure.

I hope you find this information helpful. If you have further questions, you may contact Mr. George Feygin of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:110
d.8/27/04

ID: 1985-04.27

TYPE: INTERPRETATION-NHTSA

DATE: 11/15/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: William E. Sandham -- Sales Manager, OEM Division, Velvac, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. William E. Sandham Sales Manager, OEM Division Velvac, Inc. 2900 South 160th Street New Berlin, WI 53151

Thank you for your letter of May 21, 1985, concerning the vertical adjustment of rearview mirrors for trucks. You asked us to clarify whether the standard requires a mirror both to tilt, as shown in your sketch "A," and to move up and down its mounting bracket, as shown in your sketch "B." As discussed below, a truck mirror can meet the adjustment requirement by either tilting or by moving up and down its mounting bracket.

The agency has not specified the means used to provide a vertical adjustment. We would consider a mirror which tilts, as shown in your sketch "A," or which moves up and down on its mounting bracket, as shown in your sketch "B," as meeting the adjustment requirement. You should know that the agency has interpreted this vertical adjustment requirement for trucks to mean that adjustment with tools is allowed. The use of tools is justified because trucks and buses are generally driven for longer periods of time by the same driver and thus the mirror does not have to be continually adjusted.

Please note that S6.1(a) of Standard No. 111 also permits trucks with a GVWR of 10,000 pounds or less to be equipped with rearview mirrors which meet the performance requirements for passenger cars in section S5, instead of the requirements for trucks in S6.1(b), S7, or S8. If the passenger car specifications ar; chosen, the driver must be able to adjust the inside and outside rearview mirrors in both vertical and horizontal directions by tilting them. The agency has not permitted the use of tools for adjusting passenger car mirrors, since passenger cars are often driven by different drivers who will need to quickly and easily adjust their mirrors. A mirror mounted on a universal ball socket joint, for example, meets this requirement. In this situation, the vertical tilting adjustment shown in your sketch "A" would appear to comply as long as that mirror could also be adjusted horizontally by tilting. The vertical sliding adjustment shown in sketch "B" apparently would not meet this requirement because it appears to require the use of tools to make the adjustment.

A copy of the current version of Standard No. 111 is enclosed. I hope this information is helpful to you.

Sincerely, Erika Z. Jones Chief Counsel Enclosure

May 21, 1985 Legal Council FMVSS III - Room 5219 National Highway Traf. Safety Adm. U.S. Dept of Transportation 400 7th St. S.W. Washington, DC 20590

Gentlemen:

We are seeking clarification on the wording in MVSS III pertaining to mirror adjustment, particularly the terminology regarding "VERTICAL ADJUSTMENT" of truck mirrors.

Our impression is that this standard refers to the adjustment of the vertical plane of vision on the mirror head as shown on the attached sketch "A".

One of our customers has a question regarding this interpretation and is wondering if the standard is also requiring a vertical adjustment of the mirror head, physically up and down, on the loop or mounting bracketry, as shown in sketch "B".

We would appreciate your comments on this matter and also the latest revision of MVSS III for our records.

Thank you. Yours truly, William E. Sandham Sales Manager OEM Division cc: Mr. R. Brester WES/ds Attachments