ID: nht94-5.20

TYPE: INTERPRETATION-NHTSA

DATE: December 29, 1994

FROM: Philip R. Recht -- Chief Counsel, NHTSA; John Womack

TO: Antonio Salvetti

TITLE: None

ATTACHMT: ATTACHED TO LETTER DATED 10/13/94 FROM ANTONIO SALVETTI TO NHTSA CHIEF COUNSEL (OCC 10425)

TEXT: This responds to your letter in which you inquired about a vehicle called an "AGM Playa."

You stated that Advanced Generation Motors, Inc. (AGM) converts a Geo Metro or Suzuki Swift into an "AGM Playa" by removing the doors, cutting the roof and "redesigning the vehicle in fiberglass." You stated that the Playa has no doors but can be enclose d in canvas. The pictures you enclosed depicts a subcompact passenger car with no doors and no top but with the A and B pillars intact. A spare tire in a cover has been mounted on the outside of the back of the car. You asked four specific questions, w hich I will address after first providing some background information.

49 U.S. Code, @ 30101, et seq. (hereinafter referred to as the Safety Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of mot or vehicle equipment. The Safety Act further provides that no person may manufacture for sale, sell, offer for sale, introduce into interstate commerce, or import into the United States any new motor vehicle or new item of motor vehicle equipment unless that vehicle or item of equipment complies with all FMVSSs applicable to that product on the date of its manufacture. In addition, the Safety Act establishes a self-certification system in which manufacturers are responsible not only for ensuring that their vehicles or equipment comply with all applicable FMVSSs, but also for certifying such compliance. That certification must be displayed in the form of a label as required by 49 CFR Parts 567 and 568.

It appears that the modifications made to the original vehicle makes AGM an alterer of new motor vehicles. An "alterer" is one who, before sale of a previously-certified new motor vehicle to its first retail purchaser, modifies the vehicle other than by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, or by altering a vehicle so that its stated weight ratings are no longer valid (49 CFR 56 7.7). 49 CFR 567.7 requires the alterer to ensure that the vehicle, as altered, conforms to the FMVSSs affected by the alteration(s) and to certify to that effect in accordance with 49 CFR 567.7. Alterers make such certification by affixing a permanent label to the altered vehicle identifying the alterer and the date of alteration. The label must also include a statement that the vehicle, as altered, continues to comply with all applicable FMVSSs. Finally, the alterer must allow the original manufac turer's certification label to remain affixed to the vehicle.

With that background in mind, I turn now to your specific questions.

a. Is this vehicle approved to be on the streets? ANSWER: As stated above, manufacturers must ensure that their vehicles or equipment meet all FMVSSs and certify such compliance. NHTSA does not approve, disapprove, endorse, or offer assurances of c ompliance of any product in advance of the manufacturer's certification. Rather, NHTSA enforces compliance with the standards as explained in c below. In addition, states have authority to regulate the use of motor vehicles. Therefore, if the state ac cepts the vehicle for registration, that is an indication that the vehicle meets all state requirements. Accordingly, you should contact your state authorities to determine if the vehicle would meet Florida's licensing and registration requirements. If the required certifications are affixed to the vehicle as discussed above, and if the vehicle is properly registered under state law, the vehicle may be operated "on the streets."

As explained in c below, NHTSA has the authority to determine, in the course of compliance or defect proceedings, that a particular vehicle is unsafe. In that event, the vehicle manufacturer will be required to recall the vehicle and remedy the unsafe f eature. We do not prohibit a recalled vehicle from being operated on the streets. Again, the use of motor vehicles is a matter of state law.

b. How do I know that they [vehicles) comply with all the safety requirements? ANSWER: As discussed above, manufacturers and alterers are required to indicate their respective certifications by labels permanently affixed to the vehicle. Look for su ch labels or ask the alterer to point them out to you.

c. How are they (alterer) responsible for any vehicle problems? ANSWER: NHTSA enforces the FMVSSs in proceedings in which the agency purchases vehicles or equipment at retail and tests them in accordance with the test procedures specified in the sta ndards. If the product "passes" the compliance tests, no further action is taken. If a noncompliance is found, the manufacturer must notify the purchasers of the product and remedy the problem at no expense to the purchasers (i.e., "recall" the product ). NHTSA also investigates safety related defects. If either NHTSA or the manufacturer identifies a defect affecting motor vehicle safety, the manufacturer must recall the product.

NHTSA also has authority to oversee how some commercial businesses modify new and used vehicles. 49 U.S.C. @ 30122 provides that a manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any device or eleme nt of design installed in or on a vehicle in compliance with an FMVSS unless that manufacturer, etc., reasonably believes that the vehicle will not be used while the device is inoperative. Violation of this provision could subject the violator to civil penalties of up to $ 1,000 per violation, or a maximum penalty of up to $ 800,000 for a series of related violations (49 U.S.C. @ 30165).

Apart from what is required by the FMVSSs, presumably the vehicle you purchase will be covered by a warranty of some kind. As a consumer, you should ascertain whether the alterer warrants the work and/or whether the vehicle manufacturer's warranty may b e voided by the alterations.

d. Are there any other requirements beside safety to meet? ANSWER: NHTSA administers a number of programs in addition to the safety program of the FMVSSs. For example, new vehicles must meet fuel economy, bumper, and theft prevention standards in ad dition to the FMVSSs. I have enclosed an information sheet that briefly describes those programs. The responsibility to meet those requirements falls on the manufacturer and seller of the vehicle.

As stated previously, this agency's authority, except for the defect, compliance, and making inoperative provisions of the Safety Act, terminates upon the first retail sale of a vehicle. After that, the use of that product becomes a matter of state conc ern. States may impose their own requirements with regard to use, inspection, registration, taxation, and so forth. Accordingly, you should contact your state department of motor vehicles for any further requirements that may be applicable to this "Pla ya" vehicle.

I hope this information is helpful to you.

ID: nht94-5.21

DATE: May 18, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Donald F. Lett -- Lett Electronics Company

TITLE: None

ATTACHMT: Attached To Letter Dated 1/19/94 From Donald F. Lett To Department Of Transportation (OCC-9590)

TEXT: Dear Mr. Lett:

This responds to your letter to me in which you asked whether any "pre-necessary authorization" is needed for molding white sidewalls onto existing passenger car tires. We assume "pre-necessary authorization" means this agency's prior approval or permission to modify the tires in the manner you propose.

You explained in your letter that you intend to modify existing radial passenger car blackwall tires by grinding a recess into one sidewall between 1/8 and 3/16 inches deep by 2 1/2 inches wide, then vulcanizing white rubber into that recess to transform a "D.O.T. approved radial blackwall tire" into a white sidewall tire. You would then market those tires, as modified, for classic cars of the 1955-1960 era.

By way of background, the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1381, et seq. (Safety Act), gives the National Highway Traffic Safety Administration (NHTSA) the authority to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. Tires are considered motor vehicle equipment.

The Safety Act establishes a self-certification system in which vehicle and equipment manufacturers certify that their products comply with all applicable FMVSSs in effect on the date of manufacture. Because of this self-certification system, neither NHTSA nor the Department of Transportation (DOT) approves, endorses, certifies, or gives assurances of compliance of any product. Rather, NHTSA enforces its standards by testing products in accordance with the test procedures set forth in applicable FMVSSs. If the product meets the requirements of the standard, no further action is taken. If the product fails to comply, the manufacturer must notify the purchasers of the product and remedy the noncompliance without charge to the purchaser(s). Failure to

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comply with any FMVSS can also result in civil penalties of up to $ 1,000 per violation, up to a maximum of $ 800,000 for a series of related violations.

We assume from your letter that you propose to modify new radial passenger car tires. Whether the process you described is permissible depends on whether it adversely affects the tire's compliance with FMVSS No. 109, New Pneumatic Tires (copy enclosed). This standard specifies the performance requirements applicable to passenger car tires, which include tubeless tire resistance to bead unseating, tire strength, tire endurance, and high speed performance.

It does not appear that radial tires can be modified as you propose and still meet the requirements of Standard 109. The average radial tire sidewall is approximately 3/16 inch thick at the shoulder, gradually increasing to approximately 1/2 inch where the sidewall meets the bead. The radial sidewall is unsupported by cords, belts, or other material contributing to the strength of that sidewall. To achieve a 2 1/2 inch whitewall, at least some of the whitewall would extend into the tire shoulder. Therefore, cutting into a radial tire sidewall at the shoulder to a depth of 3/16 inch would cut through the sidewall. Cutting into the sidewall at the shoulder to a depth of 1/8 inch would leave approximately 1/16 inch of rubber on the shoulder of the tire. That would, obviously, have the effect of destroying the tire.

Section 108(a)(1)(A) of the Safety Act, 15 U.S.C. @ 1397 (a)(1)(A), prohibits any person from manufacturing or selling any new item of equipment that does not conform to all applicable FMVSSs. A new noncomplying tire that is sold to a retail customer would constitute a violation of @ 108(a)(1)(A), and is subject to the recall and civil penalties described above. In addition, @ 108(a)(2)(A) of the Safety Act, 15 U.S.C. @ 1397(a)(2)(A), prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative any safety device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with a Federal motor vehicle safety standard. Accordingly, modifying previously-complying tires by removing them from compliance with the strength requirements of FMVSS 109 could violate @ 108(a)(2)(A), again subjecting the violator to the civil penalties described above.

Standard No. 109 also requires that certain information be molded into or onto the sidewalls of tires in certain specified locations and that the letters "DOT" appear on each tire sidewall to indicate the manufacturer's certification that the tire complies with all applicable FMVSSs. In addition, the Uniform Tire Quality Grading Standards (UTQGS), 49 CFR Part 575.104, provides that the ratings required by that section

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will be molded onto or into the sidewalls of tires. Therefore, if the modification you propose obliterates or removes any of the required labeling, that could violate FMVSS 109 and the UTQGS, again subjecting the violator to penalties.

In addition to the safety implications of grinding and filling recesses in tires, we also note that the suspension systems of older motor vehicles may not be compatible with radial tires. The handling and stability of those vehicles could be adversely affected by mounting radial tires on them, or by the mixing radial and bias ply tires, without appropriate modifications to their suspension systems.

Finally, I note that you used the term "previously D.O.T. approved" tire in your letter. As explained above, NHTSA does not use that term because neither NHTSA nor the Department of Transportation "approves" tires or any other motor vehicle product. We assume that by using that expression you mean that the tires you select for modification contain the "DOT" code that signify the manufacturer's, not NHTSA's, certification. Nevertheless, since the meaning of the term is unclear and might be misleading to consumers, we ask that you not use that term in any of your promotional materials.

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

Sincerely,

Enclosure

ID: nht94-5.22

DATE: May 18, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Paul L. Anderson -- President, Van-Con, Inc.

TITLE: None

ATTACHMT: Attached To Letter Dated 5/2/94 From Paul Anderson To John Womack (OCC-9923)

TEXT: Dear Mr. Anderson:

This responds to your letter of May 2, 1994, requesting information on which of the recent amendments to Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413; November 2, 1992, and 57 FR 57020; December 2, 1992), would apply to Type A-1 school buses. Your letter notes that Type A-1 school buses have a capacity of 16-20 passengers and a gross vehicle weight rating (GVWR) of less than 10,000 pounds.

The recent amendments to Standard No. 217 set new requirements for the provision of emergency exits based upon the seating capacity of the school bus (S5.2), set performance requirements for emergency exit window and emergency roof exit release (S5.3), revised the extension requirements for side doors and set extension requirements for emergency roof exits (S5.4), and revised the identification requirements (S5.5). The effect of each of these amendments on Type A-1 school buses is discussed separately below.

Provision of Emergency Exits (S5.2)

The recent amendments listed above revised S5.2.3 to specify the number and type of exits required on school buses, including Type A-1 school buses. This section states:

The area in square centimeters of the unobstructed openings for emergency exit shall collectively amount to at least 432 times the number of designated seating positions in the bus. The amount of emergency exit area credited to an emergency exit is based on the daylight opening of the exit opening.

The section also specifies the type of emergency exits which must be installed to meet this requirement. All school buses, including Type A-1 school buses, are required to have either a rear emergency exit door or a side emergency exit door and a rear push-out window. These are the same exits required by Standard

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No. 217 before the recent amendments. After deducting the daylight opening of the front service door and the required exit(s), any remaining exit area must be provided by installing additional exits in the following order: (1) a side emergency exit door, (2) a emergency roof exit, and (3) any combination of emergency exit doors, emergency roof exits, and emergency exit windows.

Please note that, while these new requirements apply to all school buses, it is unlikely that a 20 passenger school bus will require additional exits. Under the new requirements, a school bus with 21 designated seating positions (20 passengers plus the driver) is required to provide 9,072 square centimeters of exit area. A school bus with a front service door and either of the mandatory options (rear emergency exit door or side emergency exit door and rear push-out window) should easily exceed this amount. To illustrate, in the past, the agency has estimated that the average front service door has a daylight opening of 12,916 square centimeters. For school buses with a GVWR of 10,000 pounds or less, a rear emergency door that is the minimum size required to meet the extension requirements has a daylight opening of 6,270 square centimeters. A side emergency door that is the minimum size required to meet the extension requirements has a daylight opening of 6,954 square centimeters. A rear push-out window that is the minimum size required has a daylight opening of 5,002 square centimeters.

Emergency Exit Release (S5.3)

The recent amendments added performance requirements for the release mechanisms for emergency exit windows and emergency roof exits on school buses. As explained above, the recent amendments should not require either of these types of exits to be installed on Type A-1 school buses. However, if either of these types of exits are voluntarily installed on Type A-1 school buses, the release mechanisms must comply with these requirements. In the recent amendments to Standard No. 217, some of the performance requirements, including the release requirements in S5.3, apply to "each" emergency exit. This language extends these requirements to any emergency exit door in a school bus, including voluntarily installed ones. Other requirements apply to "required" emergency exits. (See, for example, S5.5.3(c) discussed below.) Those requirements do not apply to voluntarily installed emergency exits.

Emergency Exit Extension (S5.4)

The amendments of the extension requirements also apply to Type A-1 school buses. The recent amendments revised the extension requirements for side doors on school buses with a GVWR of more than 4,536 kilograms (10,000 pounds) and set extension requirements for emergency roof exits on school buses with a GVWR

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of more than 4,536 kilograms (10,000 pounds). These amendments also affect school buses with a GVWR of 10,000 pounds or less, as the requirements specify that these vehicles are to comply with the same requirements as school buses with a GVWR of more than 10,000 pounds (except for the minimum size for rear emergency exit doors).

If a Type A-1 school bus has a side emergency exit door, that exit is required to comply with the amended requirements concerning access to the exit. Under the new requirements, side emergency exit doors are required to provide an opening at least 114 centimeters high and 61 centimeters wide. In addition, an aisle 30 centimeters wide (referenced to the rear edge of the door) must be provided from the longitudinal centerline of the bus to the exit. A seat bottom is allowed within this aisle if it flips up when not in use such that it no longer is within the aisle. Finally, no portion of a seat or restraining barrier may block access to the latch.

In addition, if an emergency roof exit is installed in a Type A-1 school bus, it is required to provide an opening at least 41 centimeters high and 41 centimeters wide under the new requirements.

Finally, all emergency exit doors, including emergency exit doors on Type A-1 school buses, are required to have a positive door opening device.

Emergency Exit Identification (S5.5)

Finally, the recent amendments revised the identification requirements (S5.5) for exits on all school buses, including Type A-1 school buses. As revised, each required emergency exit is required to be marked with the words "Emergency Door" or "Emergency Exit," as appropriate. For emergency exit doors, the location of this marking was not changed by these amendments. For emergency window exits and emergency roof exits, location requirements were added. In addition, each required emergency exit must be outlined with retroreflective tape. Please note however, that the identification requirements do not apply to voluntarily installed emergency exits (i.e., exits in excess of those required by S5.2.3).

You should be aware that there was a discrepancy concerning the size of the retroreflective tape caused by the metric conversion in the final rule. I have enclosed is a copy of a July 7, 1993 letter to Mr. Thomas D. Turner of the Blue Bird Body Company which discusses this issue. As explained in that letter, we plan to issue a correction notice of the November 2, 1992 rule that would specify a minimum size of 2.5 cm for the tape. Until the correction is issued, NHTSA will not take enforcement measures

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regarding tape size against a manufacturer who uses 1 inch wide retroreflective tape.

To summarize and answer your specific questions, Type A-1 school buses typically would not be affected by the recent amendment requiring either emergency roof exits or emergency window exits. However, required emergency exits (including a rear emergency exit door) are required to be outlined with retroreflective tape. In addition, all exits (required and voluntary) must comply with the new performance requirements for release and extension.

With respect to your receipt of an oral interpretation from agency staff, I would also like to emphasize that, to the extent there are questions concerning the meaning of any NHTSA standard or regulation, the only agency interpretations which are authoritative and which therefore can be relied upon by manufacturers are those issued in writing by the Chief Counsel. We have reminded agency staff not to make formal, or informal, oral statements that might be misinterpreted by manufacturers as official agency guidance on which they may safely rely.

Please note that recent delay of the effective date of the recent amendments applies only to provision of emergency exits (S5.2) (59 FR 22997; May 4, 1994). The other amendments were effective on May 2, 1994. I also note that the May 4 notice does not state "that it only applys (sic) to School Buses with capacity of 24 to 90 passengers." The notice does refer to tables in a previous NPRM which listed the types of exits required under the proposal for buses with a capacity in that range.

I have also enclosed a copy of the recent final rules for your use. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Enclosures

ID: nht94-5.23

DATE: May 18, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Len R. Thies -- C&C Creations

TITLE: None

ATTACHMT: Attached To Letter Dated 11/30/93 From Len R. Thies To John Womack (OCC - 9401)

TEXT: Dear Mr. Thies:

This responds to your letter asking about Federal rules, particularly those for flammability resistance, applicable to your aftermarket product. I apologize for the delay in responding. You state that your product is a sheet of clear vinyl that inhibits the air flow in a van, thus reducing the amount of air to be heated or cooled. You further state that your product does not impair visibility and that it is easily detached and removed by the vehicle owner. This response is based on our understanding of the facts presented in your letter.

By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the National Traffic and Motor Vehicle Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests new vehicles and items of equipment for compliance with the standards.

In response to your question, you are required to certify that your device complies with Standard No. 205, Glazing Materials (49 CFR @ 571.205), based on our understanding of your letter. Standard No. 205 applies to new, completed vehicles as well as to glazing sold in the aftermarket. The standard establishes performance requirements for various types of glazing (called "items") and specifies the locations in vehicles in which each item of glazing may be used. The standard also incorporates by reference "ANSI Z26," the American National Standards Institute's "Safety Code for Safety Glazing Materials for Motor Vehicles Operating on Land Highways." It appears that your device may be considered an "interior partition," which is considered under ANSI Z26 to be item 6 glazing.

In addition, if your product were manufactured for a new vehicle, the vehicle would have to be certified as complying

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with Standard No. 111, Rearview Mirrors and Standard No. 302, Flammability of Interior Materials, in addition to Standard No. 205. However, Standards No. 111 and No. 302 apply only to new vehicles, and not to items of aftermarket motor vehicle equipment. Thus, they do not apply to your product.

I note, however, that there are other Federal requirements that indirectly affect the manufacture and sale of your product. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in @@ 151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to @ 108(a)(2)(A) of the Safety Act, which states: "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 . . . ." Your vinyl sheet could render inoperative the rearward visibility requirements set forth in Standard No. 111, or the light transmittance requirements set forth in Standard No. 205. In addition, your product could have elements of design that could render inoperative a vehicle's compliance with Standard No. 302, the FMVSS for flammability resistance for materials used in the occupant compartment of motor vehicles. While it appears unlikely that persons in the aforementioned categories would be installing your product, if they were to install it, they not compromise the rearward visibility or flammability resistance provided by the motor vehicle.

The "render inoperative" prohibition of @ 108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your products were placed in vehicles by the vehicle owners, they would not need to meet any FMVSSs. Nevertheless, NHTSA urges vehicle owners not to tamper with or degrade the safety of their vehicles.

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

Sincerely,

Enclosure

ID: nht94-5.24

DATE: May 18, 1994

FROM: Womack, John -- Acting Chief Counsel, NHTSA

TO: Schaub, James -- Midas Muffler Shop (Louisiana)

TITLE: NONE

ATTACHMT: Attached To 10/21/93 Letter From James Schaub To John Womack (OCC 9252)

TEXT: This responds to your letter asking us about Federal Motor Vehicle Safety Standard No. 105 with regard to replacing brake rotors and/or drums. I apologize for the delay in our response. You stated that local automobile dealership service departments do not follow manufacturers' recommendations in this area, causing your customers to believe that your shop is fraudulently selling and installing parts on vehicles when they are not needed. You requested an interpretation of Standard No. 105 in this regard, and asked whether there is any basis for fraud in replacing rotors and drums when they are outside manufacturer safety tolerances. You stated that if you can present an established standard to your customers, you can prevent them from believing they have been taken advantage of.

By way of background information, the National Traffic and Motor Safety Act (Safety Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards for new motor vehicles and new motor vehicle equipment. Standard No. 105, Hydraulic Brake Systems, specifies requirements for hydraulic brake systems and associated parking brake systems. The standard applies to new motor vehicles.

While you asked for an interpretation of Standard No. 105, that standard is of little relevance to your situation. This is because the Federal motor vehicle safety standards do not apply to a motor vehicle after its first sale to a consumer. The Safety Act does include some provisions which are relevant to used vehicles. In particular, the Safety Act prohibits manufacturers, distributors, dealers, and motor vehicle repair businesses from knowingly rendering inoperative any safety device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with a safety standard. However, this provision would ordinarily not be relevant to a decision whether to replace, or mill or turn, worn brake drums and rotors.

With respect to your desire to show your customers an established standard in this area, I can call your attention to NHTSA's vehicle in use inspection standards. These standards set forth criteria for, among other things, inspecting service brake systems. You should be aware that these standards were developed for use by the States in establishing their inspection requirements. Thus, the standards only apply to the extent that they are adopted by individual States. I have enclosed a copy of the standards for your information and particularly call your attention to section 570.5(f). That section, which applies to vehicles with a GVWR of 10,000 pounds or less, reads as follows:

(f) Disc and drum condition. If the drum is embossed with a maximum safe diameter dimension or the rotor is embossed with a minimum safety thickness dimension, the drum or disc shall be within the appropriate specifications. .

. .

This section reflects the importance NHTSA places on following manufacturer recommendations in this area.

The states may regulate the repair of motor vehicles. We suggest that you investigate the laws of Louisiana to see whether they affect your situation.

We cannot advise you about Federal or state requirements concerning fraud. You may wish to contact the Federal Trade Commission, your state government, and/or a private attorney about this matter.

ID: nht94-5.25

DATE: May 17, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Michael Love -- Manager, Compliance Porsche Cars North America, Inc.

TITLE: None

ATTACHMT: Attached To Letter Dated 1/21/93 From Michael Love To Paul Jackson Rice (OCC-8259)

TEXT: Dear Mr. Love:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standards (FMVSS) No. 101; Controls and displays and No. 102; Transmission shift lever sequence, starter interlock, and transmission braking effect. I apologize for the delay in our response. You asked about the standards in connection with three options your company is considering for changing its "Tiptronic" automatic transmission system.

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

The current Tiptronic automatic transmission system can be described as follows:

The shift lever is located in the middle console, where it can be moved along either of two slots which are located essentially parallel to the longitudinal axis of the vehicle. The left slot (automatic function) is essentially the same as a conventional automatic transmission gear shift lever, with the following positions (in order): P R N D 3 2 1. At the D position (only) of the left slot, the gear shift lever can be transferred to the M (manual) position of the right slot (manual function). The right slot consists of the following positions (in order): + M -. When the gear shift lever is in the right slot, the driver can select a higher gear (+) or lower gear (-) by tapping the shift lever. The shift lever always returns to the "M" position after being tapped.

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There are two gear position displays, one on the middle console and the other on the instrument panel. The middle console display, which is not illuminated, shows each of the 10 positions where the shift lever may be placed. It also shows the position which is selected. The display on the instrument panel, which is illuminated, has two columns which correspond to the slots on the middle console. However, while the left column (corresponding to the left slot or automatic function) shows the positions P R N D 3 2 1, the right column (corresponding to the right slot or manual function) shows the positions 4 3 2 1. In other words, the right column portion of the display shows the available gears and the actual gear selected rather than + M -. For both columns, the selected position or gear is indicated by an illuminated arrow.

In your letter to NHTSA, you indicate that Porsche is considering the following three options for modifying its system:

Option 1. The first proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot.

Option 2a. The second proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot and the + and - positions on the right (manual) slot. Gear selection in the manual mode would be accomplished not by the shift lever but by shift rocker switches on the steering wheel.

Option 2b) The third proposed modification would provide only one slot with the following positions (in order): P R N D M D. In the M position, gear selection would be accomplished by shift rocker switches on the steering wheel.

For each of the proposed modifications, the shift lever positions would be labeled on the middle console, in the same manner as the current system. Similarly, the middle console would not be illuminated. The instrument panel display would not change for any of the options.

You ask a number of questions concerning whether the Tiptronic system, as modified under options 1, 2a and 2b, would comply with Standards No. 101 and 102. The issues raised by your letter are addressed below.

I will begin by identifying the requirements of Standards No. 101 and No. 102 which are relevant to your questions. Section S3.1.4.1 of Standard No. 102 states:

Except as specified in S3.1.4.3, if the transmission shift lever sequence includes a park position,

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identification of shift lever positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver whenever any of the following conditions exist:

(a) The ignition is in a position where the transmission can be shifted.

(b) The transmission is not in park.

S3.1.4.4 states:

Effective September 23, 1991, all of the information required to be displayed by S3.1.4.1 or S3.1.4.2 shall be displayed in view of the driver in a single location. At the option of the manufacturer, redundant displays providing some or all of the information may be provided.

Standard No. 101 specifies requirements for the location, identification and illumination of automatic gear position indicators. Section S5.1 requires that gear position display must be visible to the driver under the conditions of S6. Section S5.3.1 and Table 2 of the standard together require that automatic gear position displays be illuminated whenever the ignition switch and/or the headlamps are activated. The entry in Table 2 concerning the automatic gear position display references Standard No. 102. In a April 2, 1989 letter to Porsche concerning the Tiptronic system, we concluded that, given the reference in Standard No. 101 to Standard No. 102, where multiple gear position displays are provided and one complies with Standard No. 102 and the others do not, the requirements of Standard No. 101 must be met for the display which complies with Standard No. 102.

With this background in mind, I will discuss the existing Tiptronic system and the three possible modifications. For the reasons discussed above and in our April 2, 1989 letter, while multiple gear position displays are permitted, one such display must comply with all of the relevant requirements of Standards No. 101 and No. 102. Since your console display is not illuminated, it would obviously not comply with Standard No. 101. I will therefore address your letter in the context of whether the instrument panel display meets the requirements of the two standards. I assume that the instrument panel is activated during the times specified by Standard No. 102.

Under section S3.1.4.1 of Standard No. 102, there must be a display of all of the shift lever positions in relation to each other, and there must be an indication of the position that the driver has selected. In our April 2, 1989 letter, we stated that your design has the following ten shift lever

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positions: P R N D 3 2 1 + M -. We noted that the right column of the alternative instrument panel displays identified in your letter showed either 4 3 2 1 or 4 3 M 2 1 instead of + M -. We concluded that if the instrument panel display was to be used to meet the requirements of Standard No. 102, it would be necessary for the display to show the 10 actual shift lever positions, including + M -.

Porsche evidently did not follow the opinion provided in that letter, since Porsche neither provided illumination for the console display nor showed the 10 actual shift lever positions, identified in our letter, on the instrument panel display. While we do not understand the reason for this decision by Porsche, we believe that one could reasonably argue that the + and - locations are not really shift lever "positions," since the shift lever cannot be left in those locations. Under this view, + M - could be seen as "one" shift lever position, which is represented on the instrument panel by 4 3 2 1. We would accept this as an alternative way of characterizing the current Tiptronic system, and are therefore not aware of any compliance problems.

I will now turn to the three possible modifications. Once again, since the non-illuminated console display would not meet the requirements of Standard No. 101, the relevant question is whether the instrument panel display meets the relevant requirements of Standards No. 101 and No. 102. A common problem for all three options would be that the instrument panel display retained from the original Tiptronic system would not correspond to the shift lever positions of the modified designs. This could be corrected for options 1 and 2a simply by deleting the 3 2 1 portion of the left column. A more complicated correction would be needed for option 2a, since the display would need to show the following positions in relation to each other: P R N D M D.

I have several other comments on your letter. You stated that for all three options, Porsche believes that it is not necessary to have the shift lever positions 3, 2 and 1, or to necessarily display those positions if selected automatically in the D position, as long as they as displayed when selected manually by use of the shift lever (in option 1) or shift rocker switch(es) (in options 2a and 2b). Porsche is correct that it is unnecessary to provide shift lever positions 3, 2 and 1. Moreover, to the extent that such shift lever positions are not provided but the gears are instead selected automatically in the D position or manually in the M position by tapping the shift lever or shift rocker switch, it is unnecessary to display the gears.

You also stated the following:

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Porsche believes that under options 2a and 2b, both the shift lever and the shift rocker switch(es) would be considered as "shift levers" during the period when they are capable of changing the transmission position. The "shift lever position" would then be defined as the transmission position, or mode of operation, that was selected by manipulation of any combination of "shift levers." It follows then that identification of "shift lever position" would entail identifying the distinct transmission operating modes, in relation to each other and the specific mode selected. . . .

For options 2a and 2b, Porsche believes it is not necessary to illuminate the shift rocker switches, just as it is not necessary to illuminate the shift lever, under the provisions of FMVSS 101, as long as the display in the speedometer showing transmission position is illuminated.

We would not view the shift rocker switch(es) as shift levers under any circumstances. Instead, for the vehicle designs at issue, the lever provided on the middle console would be the only shift lever. When the shift lever is in the "M" position, the shift rocker switch(es) simply permit manual shifting that is akin to the automatic shifting that occurs when the shift lever is in the "D" position. The rocker switch(es) could not be used to shift the transmission to P, R or N. Under these circumstances, we view the rocker switch(es) as a control which is auxiliary to the shift lever and unregulated by Standard No. 102. I note that we might take a different position if the rocker switch(es) permitted the transmission to be shifted to P, R or N, since Standard No. 102 includes requirements to prevent shifting errors. I also note that Standard No. 101 does not require transmission shift levers or controls which are auxiliary to shift levers to be illuminated.

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

Sincerely,

ID: nht94-5.26

DATE: May 17, 1994

FROM: Dietmar K. Haenchen -- Manager Vehicle Regulations, Voirswagen of America, Inc.

TO: John Womack -- Acting Chief Counsel, NHTSA

COPYEE: Barbara Gray

TITLE: Request for Confirmation of Interpretation Relating to 49 CFR Parts 541 & 543, Theft Prevention Standard

ATTACHMT: Attached to letter dated 7/1/94 from John Womack to Dietmar R. Haeochen (A42; Part 543; Part 541

TEXT: This is to request an interpretation relative to the parts marking requirements for replacement parts on a vehicle which has been granted an exemption from parts marking pursuant to 49 CFR Part 543.

By letter dated May 7, 1993, NHTSA granted an exemption for the 1995 model year Volkswagen Corrado from the parts marking requirements based on a petition for exemption filed by Volkswagen on September 29, 1992. The Volkswagen Corrado was parts marked for the model years 1990 to 1994.

In an interpretation letter of October 12, 1989 to Saab-Scania of America, Inc., NHTSA stated that after a carline has been granted an exemption from the parts marking requirements, the replacement parts for that carline no longer need to be marked even if the replacement parts can also be used on prior model years during which the particular carline was parts marked and not exempt under Part 543.

Volkswagen has just determined that the Corrado will not be sold in the United States for the 1995 model year and as such, Volkswagen will not be selling vehicles covered under the exemption granted in the letter of May 7, 1993.

Our question is whether in line with the interpretation to Saab the marking of replacement parts for the Volkswagen Corrado carline can be terminated based on the exemption granted for the 1995 model year, even if the replacement parts can be used for earlier model years and even though the 1995 model year Corrado will not be sold in the United States (although it will be available in Europe).

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Because we would like to take advantage of the cost savings from the termination of parts marking as soon as possible, your earliest possible response to the issue will be appreciated.

As an additional question with regard to replacement parts anti-theft marking, Volkswagen would like to know whether replacement parts marking can ever be terminated on carlines that were parts marked while they were in production, but which have been out of production for more than five years and which are therefore statistically low theft. The particular example Volkswagen has in mind is the Audi 5000 carline which was produced through the 1988 model year as a parts marked vehicle.

Thank you for your consideration of the issues in this letter.

ID: nht94-5.27

DATE: May 17, 1994

FROM: Larson, Victor -- P.E., Cryenco, Inc.

TO: Womack, John -- Acting Chief Counsel, NHTSA

TITLE: Reference: Conspicuity Striping Requirements

ATTACHMT: Attached To 10/14/94 Letter From Philip R. Recht To Victor Larson (A42; STD. 108)

TEXT: Cryenco is a manufacturer of cryogenic tank trailers. Our trailers are cylindrical in shape and in most cases, have no side mounting surface for striping that is perpendicular to the road, except at the center of the tank (at the 3:00 and 9:00 positions). This is at a height of approximately 90" above the ground. Additional structures would have to be added to the sides of the trailer to provide lower mounting surfaces that are at the 1.25m height. In our interpretation of the rule, which is based on phone calls with NHTSA and 3M striping performance specifications, the side striping 1.) Can legally be placed at a height of 90" above the ground, if that is the only available vertical mounting area, and 2.) it is not necessary to add additional structure for the sole purpose of providing a lower vertical mounting surface for the side striping. Please advise if this interpretation is correct.

Additional limited side mounting areas are sometimes available. For instance, some cryogenic transports have a rear cabinet that is approximately 4' long. Some also have a midship undermounted cabinet. These locations provide limited lower areas for side striping to amount to, approximately 4' to 6' length each, that could be used for striping location. However, if striping is mounted to these surfaces and to the remaining areas above, (on the tank at the 3:00 and 9:00 positions and 90" height), the result is a fragmented, non-aligned striping pattern that is not visually pleasing, and which Customers object to. Since transporters are highly interested in visual impact they sometimes find this pattern unacceptable. Would compliance be satisfied if the side striping was placed only at the higher (90" above the ground) location, where the predominant available vertical mounting surface is found?

Requests to mount the side striping lower on the tank, to better fit-in with their graphics, have been received. In one instance, if this were done, the side striping would be rolled down from the 3:00 and 9:00 positions to about the 4:30 and 7:30 positions. This would place the side striping on an area of the tank that angles downward approximately 30 degrees. The striping manufacturers do not certify to meet the reflectivity requirements at compound angles exceeding 15 degrees down, combined with the horizontal angles indicated in the rule. The general feeling among transporters and striping suppliers is that the rule is not definitive about the angular orientation of the striping, i.e. that there is no need to have the striping mounted on a surface that is perpendicular to the road. Please verify what the requirement is relative to orientation of the striping for conspicuity.

ID: nht94-5.28

DATE: May 16, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Norman Duncan -- President, Study-Tech, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 3/10/94 from Norman Duncan to Rodney Slater (OCC-9882) and letter dated 10/22/93 from John Womack to Thomas G. Cehelnik

TEXT:

The Federal Highway Administration has forwarded your letter of March 10, 1994, for reply. You request "an interpretation of the existing vehicle code as it may apply to a safety warning system that our corporation has devised."

Our agency issues the Federal Motor Vehicle Safety Standards that apply to new motor vehicles, pursuant to the National Traffic and Motor Vehicle Safety Act ("the Act'). Our Standard No. 108 LAMPS, REFLECTIVE DEVICES, AND ASSOCIATED EQUIPMENT is the regulation that governs the performance of lighting equipment that is required on new motor vehicles and determines whether optional lighting equipment is acceptable. As you have described it, the "Early-Warning Slow Down Safety Light" will automatically be activated when a vehicle decelerates. The system will operate through the stop lamps, but, alternatively, it could employ separate lamps mounted on the rear deck.

Your system is similar to others which have been suggested over the years, and we therefore do not feel that a demonstration is necessary as you have offered. With respect to operation of your system through the stop lamps, as you will see from our letter of October 22, 1993, to Dr. Cehelnik, a copy of which I have enclosed, automatic activation of the stop lamps is not permitted by Standard No. 108 which allows the stop lamps to operate only when the brake pedal is applied.

As for operation of your system through a separate lamp system, paragraph S5.1.3 of Standard No. 108 permits supplementary lighting equipment provided that it does not impair the effectiveness of lighting equipment required by the standard. Were your separate warning system to utilize red lenses, we believe that it could impair the effectiveness of the required stop lamps by sending at times a false signal; not every deceleration is followed by braking, and the operation of your system when not followed by brake application activating the stop lamps could be confusing to a following driver. On the other hands, if your system utilized amber lenses, we believe that impairment would be unlikely to exist because the public associates this color with the need for caution.

The Act itself governs acceptability of your system in the aftermarket (i. e. , installed on vehicles in use). Section 108 (a) (2) (A) prohibits manufacturers, dealers, distributors, and motor vehicle repair businesses from knowingly rendering inoperative, in whole or in part, any device or element of design installed in accordance with Standard No. 108 and all other safety standards. We interpret this where possible as equating inoperability with impairment. Thus, we would view installation of your

system by the persons named above as violative of the Act if it operated through the stop lamp system or if it were a separate lamp system with red lenses.

Even where a supplementary lighting system may be permitted under Federal laws and regulations, it remains subject to the laws of the individual states where the system will be operated. We are unable to advise you on State laws, and suggest that you write for an opinion to: American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

ID: nht94-5.29

DATE: May 16, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Fred Carr -- Engineer, Utilimaster

TITLE: None

ATTACHMT: Attached To Letter Dated 4/21/94 From Fred Carr To John Womack (OCC-9912)

TEXT: Dear Mr. Carr:

This responds to your question asking whether Federal Motor Vehicle Safety Standard No. 211, Wheel nuts, wheel discs, and hub caps, applies to "motor vehicle equipment relating to light duty, medium duty, and heavy duty trucks or truck manufacturers." As explained below, Standard No. 211 does not apply to trucks, or truck equipment.

S2. Application of Standard No. 211 states the following:

This standard applies to passenger cars, multipurpose passenger vehicles, and passenger car and multipurpose passenger vehicle equipment.

"Multipurpose passenger vehicle" is defined at 49 CFR @ 571.3 as a motor vehicle designed to carry 10 persons or less, which is constructed either on a truck chassis or with special features for occasional off-road operation. Since Standard No. 211 applies only to passenger cars, multipurpose passenger vehicles, and their equipment, Standard No. 211 does not apply to trucks, or truck equipment. "Truck" is defined at 49 CFR @ 571.3 as a motor vehicle designed primarily for the transportation of property or special purpose equipment. Accordingly, manufacturers of trucks or truck equipment are not required to certify their trucks and truck equipment to the requirements of Standard No. 211.

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

Sincerely,