ID: nht92-3.8

DATE: 10/24/92

FROM: GEORGE D. JAMES, JR. -- SAFETY CHAIRMAN, UNIT 169 WBCCI

TO: PAUL JACKSON RICE -- CHIEF COUNSEL D.O.T.

TITLE: TEKONSHA COMMANDER & VOYAGER ELECTRONIC BRAKE CONTROL ("CONTROL")

ATTACHMT: ATTACHED TO LETTER DATED 12-4-92 FROM STEPHEN P. WOOD TO GEORGE D. JAMES, JR. (A40; STD. 108)

TEXT: I respectfully suggest that you have been hornswoggled by TEKONSHA into approving their electronic brake controllers for trailers.

You say that "IT IS THEORETICALLY POSSIBLE THAT THE CONTROL WILL NEVER BE OPERATED DURING THE LIFE OF THE TOWING VEHICLE."

Mr. Rice, that is WRONG!

Any Travel Trailer tow car driver who has any experience uses brake "controller only" WHENEVER he tows a trailer.

First, he uses the CONTROLLER ONLY to check his trailer brakes to be sure they ARE OPERATING. If this is done on the highway, the trailer stop lights should come on for his safety and safety of any following vehicle.

Second, he uses the CONTROLLER ONLY any time the trailer is PUSHING THE TOW CAR (down hills, approaching intersections, and especially when conditions are less than perfect (rain, snow, ice, gravel and sand) to keep the trailer from trying to pass the tow car.

The trailer stop lites should come on in such a situation.

Third, using CONTROLLER ONLY is an effective way to recover from a "sway situation" and when this is done the trailer stop lites should come on.

An experienced trailer tower also knows that under no circumstances should he lock the wheels of the trailer with his brakes. To safely operate a brake system on a tow car/trailer combination one must PRACTICE. Frequent practice prepares the operator for safe action when the need arises.

And trailer stop lights should go on even when practicing.

A sensitive, PRACTICED hand on a good controller is the only route to safe driving. User reports indicate that these Tekonsha controllers are an excellent device in all respects EXCEPT that the TRAILER STOP LITES are not activated whenever the CONTROLLER ONLY is used.

AND THIS IS NOT SAFE OPERATION.

I have over 200,000 miles on my present Airsteam Travel Trailer - without any accidents, thank the Lord (and my brake controller.) I use my CONTROLLER ONLY every time we go on the highway - and MY trailer stop lites work every time. I would not go on the highways if it didn't.

Mr. Rice, I think your people should review your thinking and rewrite the specs on this matter. And I think that TEKONSHA should redesign their controllers AND recall those that have been delivered to dealers or installed on tow cars.

ID: nht91-6.7

DATE: September 23, 1991

FROM: Gene Byrd -- Manager, Auto/Truck Div., Legris, Incorporated

TO: Vernon Bloom -- Office of Vehicle Safety Standards, NHTSA

TITLE: Re MOTOR VEHICLE SAFETY STANDARD NO. 106 (D.O.T. FMVSS 571-106 REV. 2/1/85); REFERENCE: SECTION S7.3.8 AIR PRESSURE & SECTION S8.7 AIR PRESSURE TEST

ATTACHMT: Attached to letter 12-5-91 from Paul Jackson Rice to Gene Byrd (A38; Std. 106)

TEXT:

WE REQUEST YOU ASSISTANCE IN CLARIFICATION OF THIS SECTION OF THE SPECIFICATION.

SECTION 7.3.8 READS AS FOLLOWS:

AN AIR BRAKE HOSE ASSEMBLY SHALL CONTAIN AIR PRESSURE OF 200 PSI FOR 5 MINUTES WITHOUT LOSS OF MORE THAN 5 PSI.

OUR QUESTION; IS THERE IS A TABLE THAT DEFINES WHAT THE PROPER LENGTH OF THE AIR BRAKE HOSE ASSEMBLY SHOULD BE FOR TEST PURPOSES?

MR. BLOOM, IF WE HAVE SENT THIS INQUIRY TO THE WRONG DEPARTMENT, WE REQUEST THAT YOU PLEASE FORWARD TO THE CORRECT PERSON.

SHOULD YOU HAVE ANY QUESTIONS OR COMMENTS PLEASE GIVE US A CALL.

WE THANK YOU FOR YOUR COOPERATION WITH THIS INQUIRY.

ID: nht90-2.14

TYPE: INTERPRETATION-NHTSA

DATE: April 10, 1990

FROM: Lawrence A. Beyer -- Attorney for Petitioner

TO: Z. Taylor Vinson; Stephen P. Wood -- Acting Chief Counsel, NHTSA

TITLE: Request for ruling submitted on behalf of Cantab Motors

ATTACHMT: Attached to letter dated 7-11-90 to Lawrence A. Beyer from Paul J. Rice; (A35; Part 591) TEXT:

This letter requests official notification by DOT that Cantab Motors is considered to be a manufacturer by your agency. We have filed the required documents several months ago.

As you may recall, Cantab Motors imports Morgan built non-functional vehicles as parts, which do not have a functional fuel delivery or storage system. Cantab manufactures a propane system for these and completes the compliance with all applicable FMVSS on each vehicle.

Please be reminded that ISIS Motors received such an opinion letter from your office on July 10, 1986 (Addressed to their counsel B. Lew). We would appreciate it if we could receive a similar letter.

Please process the request for exemption as soon as possible, since my client cannot remain in business without having vehicles to sell.

ID: nht79-1.33

DATE: 01/12/79

FROM: AUTHOR UNAVAILABLE; John Womack; NHTSA

TO: Lori Malinovsky

TITLE: FMVSR INTERPRETATION

TEXT:

12 JAN 1979 NOA 30 (KDe)

Lori Malinovsky Gladiator Southeast 1250 8th Street Jacksonville, Florida 32205

Dear Ms. Malinovsky:

This is in response to your letter of October 30, 1978, requesting information on the Federal Odometer Mileage Statement. Section 580.5(b) of Title 49 Code of Federal Regulations provides

A transferor of a new vehicle prior to its first transferor for purposes other than resale need not disclose the vehicle's odometer mileage.

Manufacturers of vehicles fall within this section and are exempt from the disclosure requirements because they sell vehicles to dealers who intend only to resell the vehicles. Since Gladiator, Inc. purchased the vans new with the intent to resell them and since the vans are being sold to dealers only who also intend only to resell them, Gladiator is likewise exempt from the disclosure requirements. The dealerships, however, will be selling the vans to customers who will use them for some purpose other than resale. Consequently, the dealerships are required to issue disclosure statements each time they sell a van.

Sincerely,

John Womack Assistant Chief Counsel

ID: nht89-2.61

TYPE: INTERPRETATION-NHTSA

DATE: 08/08/89

FROM: BUD SHUSTER -- MEMBER OF CONGRESS

TO: DIRECTOR CONGRESSIONAL RELATIONS DEPARTMENT OF COMMERCE

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 11/20/89 FROM STEPHEN P. WOOD -- NHTSA TO CONGRESSMAN BUD SHUSTER; REDBOOK A34; STANDARDS 109, 117, AND 119; LETTER DATED 10/16/89 FROM DONALD S. CLARK -- FEDERAL TRADE COMMISSION TO CONGRESSMAN BUD SHUSTER

TEXT: The attached communication is submitted for your consideration, and to ask that the request made therein be complied with, if possible.

If you will advise me of your action in this matter and have the letter returned to me with your reply, I will appreciate it.

Very Truly yours, CONGRESSMAN BUD SHUSTER REQUEST FOR SERVICE REC'D AT: REC'D BY: DATE: 7/12/89 SAW CONGRESSMAN? NAME: Lester Hoover S.S. NUMBER: ADDRESS: 662 Lincoln Way West V.A. NUMBER: Chambersburg, PA OTHER ID NUMBER:

TELEPHONE: 717-263-4930

TYPE OF PROBLEM: Request for information

DETAILS: He would like the text of the law that covers the branding of tires that are not first quality as such. He would like to know if there is any way to apply it to other consumer goods, specifically batteries.

ID: nht95-2.60

TYPE: INTERPRETATION-NHTSA

DATE: April 28, 1995

FROM: Thomas L. Wright -- Acting Manager, MVS Customer Services, State Of New Jersey, Department Of Law And Public Safety, Division Of Motor Vehicles

TO: Dorothy Nakama -- Office of Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 6/27/95 LETTER FROM JOHN WOMACK TO THOMAS L. WRIGHT (A43; PART 567; STD. 1) ALSO ATTACHED TO 7/13/92 LETTER FROM PAUL JACKSON RICE TO JEFFREY PUENTES.

TEXT: Dear Ms. Nakama:

Recently we have had an inquiry from a motorcycle accessory distributor who wants to become a manufacturer of motorcycles. The motorcycles that they intend to manufacture will be assembled with engines from one manufacturer and chassis from another. These engines and chassis have their own certificates of origin. Since New Jersey does not license manufacturers, we have suggested that these vehicles be titled as reconstructs. This company does not want to pursue reconstructed titling as they feel t hat it devalues their product and because of problems incurred with other jurisdictions accepting the title.

We are attempting to gather information on how an enterprise becomes a recognized manufacturer, issue certificates of origin, and assign VIN's. We would appreciate any information you can provide us with concerning these matters.

ID: nht90-3.47

TYPE: Interpretation-NHTSA

DATE: August 2, 1990

FROM: Samuel Kimmelman -- Engineering Product Manager, IDEAL Division, EPICOR Industries, Inc.

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 8-31-90 from P.J. Rice to S. Kimmelman (A36; Std. 108)

TEXT:

When a new car, light truck or van is purchased and delivered to the buyer with a dealer installed trailer hitch and associated wiring, it is our understanding that at the time of delivery the vehicle must comply with all applicable Federal Motor Vehicle Safety Standards.

We further interpret the Standards to require the following:

1. The turn signal flasher must be certified as meeting the FMVSS-108 requirements of a variable load turn signal flasher, over a minimum load equal to that of the vehicle turn signal load and a maximum load equal to that of the vehicle plus the trailer .

2. The hazard warning flasher must be certified as meeting the require- ments of FMVSS-108 over a load range of 2 lamps to the combined hazard warning loads of the vehicle plus the trailer.

3. The requirement to provide turn signal outage indication is voided due to the trailer towing capability of the vehicle.

Please inform us if the interpretations noted above agree with those of the Department of Transportation.

ID: 77-2.19

TYPE: INTERPRETATION-NHTSA

DATE: 04/28/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Onics Holdings, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your March 29, 1977, letter asking whether several vehicles that you describe would be considered "vehicles other than passenger cars" for purposes of Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars.

Vehicles other than passenger cars includes: multipurpose passenger vehicles, trucks, buses, motorcycles, and trailers, all of which are defined in the Code of Federal Regulations, Title 49, Part 571.3. Since the vehicles you describe appear to fall within the definition of multipurpose passenger vehicle or truck, they are considered "vehicles other than passenger cars." Accordingly, they must comply with the rim marking requirements of Standard No. 120.

SINCERELY,

ONICS HOLDINGS INC.

March 29, 1977

NHTSA Office of the Chief Counsel

I note that for wheel rim marking purposes you define a "vehicle other than passenger car" as a "multipurpose passenger vehicle (MPV), truck, bus, motorcycle, or trailer". Would you be kind enough to give me a ruling as to whether the following vehicles fall into this category:

General Motors Pickups, Type C and K (100 Series)

General Motors Blazers, Type C and K (100 Series)

General Motors Suburban, Type C and K (100 Series)

General Motors Vans, Type G (100 Series)

Similar vehicles made by other manufacturers

I would appreciate a reply at your earliest convenience as the matter is urgent.

Stuart A. Mossman President

ID: nht78-2.29

DATE: 08/04/78

FROM: AUTHOR UNAVAILABLE; John Womack; NHTSA

TO: Quinn Cuzzone & Geremia

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of June 29, 1978, concerning the requirements for designating an agent pursuant to section 110(e) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1399(e)).

Title 49 CFR @ 551.45 specifies the procedural requirements for service of process on foreign manufacturers and importers. The purpose of these requirements is to enable the Department of Transportation to effectuate service of process on manufacturers who are outside the jurisdictional limits of the United States. It is not necessary for manufacturers or importers located within the United States to designate an agent for service of process. Therefore, the New York corporation which you represent need not make such designation.

This letter also confirms Ms. DeMeter's statement that Sprinter Moped Incorporated has not designated an agent. They will have to do so prior to the importation of the mopeds. Since the corporation you represent is the importer, it may be desirable for Sprinter to appoint that corporation or one of its officers as the agent.

The National Highway Traffic Safety Administration does not impose any requirements on domestic importers. However, they may want to make sure that the manufacturer complies with the regulations regarding manufacturer identification, certification, and applicable safety standards. I have enclosed two information sheets on the "Application of Federal Motor Vehicle Safety Standards" and "Where to Obtain Motor Vehicle Safety Standards and Regulations."

If you have any further questions, please do not hesitate to write.

Enclosures

ID: 1984-2.30

TYPE: INTERPRETATION-NHTSA

DATE: 07/19/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Forrest L. Bettis, Project Director, Traders International

TITLE: FMVSR INTERPRETATION

TEXT:

Subject: Approval for automotive Testing of Two Non-Conforming Vehicles

Reference: 22157-30.4.84

Dear Mr. Berndt:

We are an automotive marketing research firm located in the Los Angeles area. Recently, we were contracted by a Japanese auto manufacturer to test U.S. acceptance of their new car. The importation is for Daihatsu Motor Co., manufacturer not presently selling vehicles in the U.S.

We urgently need the approval of NHTSA to import these vehicles for testing. These vehicles are to be used for engineering evaluation, emissions testing and marketing evaluations. Following testing, they will be returned to Japan.

Enclosed is a letter from Daihatsu Motor Company requesting a waiver from the California Air Resources Board and listing specs of vehicles.

We are under severe time constraints. These cars are scheduled to arrive in San Pedro/Long Beach no later than July 25. If possible, your approval for importation and testing would be appreciated prior to July 2O, 1984.

If you need any additional information, call us collect (818)768-8573.

Sincerely,

Forrest L. Bettis Project Director

Mr. Forrest L. Bettis Project Director Traders International 10553 Alskog St.

Sun Valley, CA 91352

Dear Mr. Bettis:

This is in response to your letter of July 7, 1984, asking for the agency's "approval for importation and testing" of two small Japanese cars.

No "approval" is necessary for importation for the purposes you specify. Pursuant to Title 19 Code of Federal Regulations, Section 12.80(b)(1)(vii), a motor vehicle which does not comply with all applicable Federal motor vehicle safety standards may nonetheless be imported for purposes of test or experiment. If the vehicle is to be operated on the public roads, it may be so tested for a period of up to one year after importation, provided that a statement is attached to the entry form giving the purpose of the test or experiment, the estimated amount of time that the vehicle will spend on the public roads, and the disposition to be made of it at the end of the test period. The letter to the California Air Resources Board, which you attached, appears sufficient for this purpose.

The entry form I mentioned in the preceding paragraph is Form HS-7 which is required to be executed when the vehicles enter the country. The proper declaration to check for purposes of test and experiment is Box 7.

Should your client require more than one year's evaluation, you may ask the agency for an additional year, and later, a third year if required.

If you have any further questions we shall be happy to answer them.

Sincerely,

Frank Berndt Chief Counsel

Ref. No. 47041 Date July 4, 1984

Mr. K.D. Drachand, Chief Mobile Source Division California Air Resources Board 9528 Telstar Avenue El Monte, California 91731 U.S.A.

RE : Application for two experimental permits

We are a Japanese automobile manufacturing company currently investigating the introduction of a new car to the U.S. market. To test our product in the U.S., we must import two nonconforming vehicles. These are different from the vehicles which marketing department of our company applied on May 23. Now, we need the experimental permits to operate these vehicles on public roadways in California. Following testing, they will be returned to Japan. These vehicles are to be used for engineering evaluation and marketing evaluations.

Vehicle specs are as follows :

Manufacturer : Daihatsu Motor Company Ltd. Vehicle models : 1. Daihatsu Charade 2 door (G11 Micro-mini FF passenger car) 2. Daihatsu Rocky (F7OLV Wagon type 4x4) Length : 3,550 mm 3,715 mm Width : 1,550 mm 1,580 mm Height : 1,395 mm 1,840 mm Weight : 690 kg 1,365 kg Dates : July 24 - Oct. 24 VIN numbers : Charade 2 door JDA 000G1100737951 Rocky JDA 000F7000600408

These two cars will be shipped from Kobe. Japan to Los Angeles, California. In California, they will be evaluated and test driven by several people. After this test, they will undergo a series of additional tests. Within one year of importation, these vehicles will be returned to Japan.

Sincerely yours,

Tetsuo Iwakura; Project Manager Product Planning Dept. Daihatsu Motor Company Ltd.