ID: nht92-2.26

DATE: 11/16/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: JESS R. THURMAN

ATTACHMT: ATTACHED TO LETTER DATED 10-01-92 FROM JESS R. THURMAN TO MARY VERSAILLES (OCC 7822)

TEXT: This responds to your letter of October 1, 1992 requesting information on whether certain modifications can be made to a van to make room for a wheelchair to enter the vehicle. You explained that you currently own a 1993 Ford van with a lift. The passenger seats behind the front seats were moved back in your 1983 van to make room for the wheelchair lift. You are currently trying to purchase a new Ford van with the same modifications but have been told that federal law no longer permits moving seats or safety belts. As explained below, there is no federal requirement that expressly prohibits moving seats and safety belts, provided that the relocated seats and belts continue to comply with the applicable safety standards.

Section 103 of the National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1392) authorizes NHTSA to issue Federal Motor Vehicle Safety Standards for new motor vehicles and new items of motor vehicle equipment. Manufacturers are required to certify that their products meet all applicable safety standards. Thus, if a vehicle were originally manufactured in the manner you have described, the manufacturer would be required to certify that the vehicle complies with all applicable safety standards. If some party were to modify a vehicle along the lines described in your letter before the vehicle's first sale to a consumer like yourself, that party would be required to leave the original manufacturer's certification in place and add its own certification that the vehicle as altered continues to comply with all applicable safety standards.

Moving the rear seats and the seat belts for those seats could affect compliance with four safety standards: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages. Standard No. 207 establishes strength and other performance requirements for vehicle seats. Standard No. 208 sets forth requirements for occupant protection at the various seating positions in vehicles. Based upon the information in your letter, it appears that the vehicle you wish to have modified would be classified as a multipurpose passenger vehicle (MPV) for purposes of NHTSA's regulations. Standard No. 208 requires an MPV to have a lap/shoulder belt at every rear outboard seating position, and either a lap belt or a lap/shoulder belt at every other rear seating position. Standard No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. Standard No. 210 establishes strength and location requirements for seat belt anchorages.

Any manufacturer, distributor, dealer, or repair business that modifies a van for you along the lines described in your letter after you have purchased the van would be subject to the requirement of the Safety Act (at 15 U.S.C. 1397 (a) (2) (A) that: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard.

Since the rear seats and their safety belts are devices or elements of design installed in the van in compliance with applicable safety standards, this section prohibits any of the named commercial entities from making any modification or repair to the rear seats and/or their accompanying safety belts if such modification or repair would cause the vehicle no longer to comply with an applicable safety standard.

As you can see, there is nothing in Federal law that prohibits persons from moving rear seats and their accompanying safety belts. Instead, Federal law requires that modifications to a van that include moving the rear seats and the safety belts be done in such a way that the repositioned seats and safety belts continue to provide the safety protection mandated by the safety standards.

I hope you find this information helpful. If you have any other questions or need some additional information on this matter, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

ID: nht92-2.27

DATE: November 16, 1992

FROM: Terry W. Wagar -- Technical Services Bureau, State of New York, Department of Motor Vehicles, Division of Vehicle Safety Services

TO: Paul Jackson Rice -- Chief Council, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 1/22/93 from John Womack to Terry Wagar (A40; Std. 205)

TEXT:

I am writing to you regarding the repair of automotive safety glazing. I would like to know what the NHTSA's legal position is on the repair of glazing on in service motor vehicles that were originally designed to comply with FMVSS 571.205.

The company "Ultra B-0-N-D, Inc.", 11151 Pierce Street, Riverside, CA 92505 (1-800-347-2820) requests that the New York State Department of Motor Vehicles establish that windshield glazing repair be accepted and repaired glass meet New York State inspection criteria.

The Ultra B-0-N-D repair process is applied to line cracks small bruises and star cracks. Equipment is attached to the glass with suction cups to open the crack. A liquid is injected through the entire crack. Equipment is removed. A lamp is used to cure the chemical. Finally the repaired area is scraped with a razor blade then cleaned with window cleaner. When repaired, the crack is "not as visible".

Please guide us with your agencies opinion in this matter. If you have any questions, you may reach me at (518) 474-5176.

ID: nht92-2.28

DATE: November 16, 1992

FROM: Bill Dobberteen -- Product Launch Engineer, Prince Corporation

TO: Office of the Chief Council -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 2/4/93 from John Womack to Bill Dobberteen (A40; Part 576; VSA 102)

TEXT:

We are developing an overhead storage compartment for a utility vehicle. The bin will be secured to the headliner in back of the rear seat. We are requesting to know all regulations this product must meet. Enclosed is a sketch of product placement and function.

(Graphics omitted.)

ID: nht92-2.29

DATE: 11/16/92

FROM: DONALD RAY MCCRAY -- 620694, DARRINGTON UNIT

TO: ANDREW H. CARD -- SECRETARY OF TRANSPORTATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 2-9-93 FROM JOHN WOMACK TO DONALD RAY MCCRAY (A40; STD. 207)

TEXT: MY NAME IS DONALD RAY MCCRAY, I HOPE THIS LETTER FINE YOU WITH A LITTLE TIME TO READ AND UNDERSTAND WHY THIS LETTER HAVE BEEN ADDRESS, TO-WIT IN MAKING YOU AWARE OF THE VIOLATION AND BRAKING OF STATE AND FEDEROL LAW: BY THE TEXAS DEPARTMENT, OF CRIMINAL JUSTICE, TRANSPORATION, DIVISION. ON THE 2ND DAY OF NOVEMBER, 1992, THE DAY I WAS TRANSFERED FROM THE WALLS UNIT IN HUNTSVILLE, TEXAS TO THE DARRINGTON UNIT IN ROSHARON, TEXAS. I WAS TRANSFERED IN BUS UNIT #51261, LIC 501-900, TO-WIT HAD N SEAT COVERS OR PADS, THE SEATS WARE MADE OF MEDAL AND COOL, THIS UNIT PROVIDED NO HEAT. I AND OTHER INMATES WAS TRANSPORTED IN THIS UNIT AT A SPEED OF 70 TO 80 MILES PER HOURS, FOR THREE (3) HOURS OR MORE. IN THE EVENT OF AN ACCIDENT, THIS UNIT #51261, LIC #501-900, WOULD IMMEDIATELY BECOME A KNIFE TO-WIT A DEADLY WEAPON.

WEREFORE IN CLOSING: DUE TO THE FACT THAT THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE TRANSPORTATION DIVISION IS IN VIOLATION OF STATE AND FEDEROL LAWS, AND HOUSE BILL 2335, STATE POLICY. I HAVE TAKING THE LIBERTIE IN NOTIFYING THE STATE GOVERNMENT CONCERNING THIS MATTER. AFTER RIDEING IN THIS UNIT, I EXPERIENCE (BUTT AND LOW BACK [Illegible Words] HAVING STATEMENT OF INFORMATION CONCERNING[Illegible Word]

[Illegible Word] COULD INCLUDE THE FOLLOWING:

OFFICE OF THE GOVERNOR [Illegible Word] OF CRIMINAL JUSTICE AUSTIN, TEXAS

TEXAS DEPARTMENT OF CRIMINAL JUSTICE INSTITUTIONAL DIVISION HUNTSVILLE, TEXAS

THE TEXAS DEPARTMENT OF PUBLIC SAFETY (DPS) AUSTIN, TEXAS

ID: nht92-2.3

DATE: 11/25/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: THOMAS PRICE -- ABAS MARKETING, INC.

ATTACHMT: ATTACHED TO LETTER DATED 9-23-92 FROM THOMAS D. PRICE TO PAUL J. RICE (OCC 7812)

TEXT: This responds to your letter asking about requirements for a device you call a "noncomputerized antilock braking assist system," for brakes installed on trucks and trailers. You stated that your device can be installed on vehicles equipped with air brake, electric brake, air over hydraulic brake, and vacuum/hydraulic brake systems. I am pleased to have this opportunity to explain our regulations to you.

You asked what the agency's policy is regarding the approval, disapproval, or certification of any particular antilock brake system product. NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act ("Safety Act"), it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable standards issued by this agency. A manufacturer then certifies that its vehicles or equipment comply with applicable standards.

You also asked for a listing of the various standards and regulations with which you should be conversant, given your product, and an explanation of the responsibilities under the Safety Act of three types of parties: an original equipment manufacturer, an alterer of a previously certified new motor vehicle prior to its first sale, and an installer of an ABS device on a used motor vehicle.

NHTSA has issued two standards about brake systems: Standard No. 105, Hydraulic Brake Systems and Standard No. 121, Air Brake Systems. Standard No. 105 specifies requirements for hydraulic service brake and associated parking brake systems, and applies to new passenger cars, multipurpose passenger vehicles, trucks, and buses equipped with hydraulic brake systems. Standard No. 121 establishes performance and equipment requirements for braking systems on vehicles equipped with air brake systems, and applies to almost all new trucks, buses, and trailers equipped with air brake systems. The agency does not have a regulation specifically covering a device such as a "noncomputerized antilock braking assist system" which is added to a brake system. However, since your device would be tied into a vehicle's brake system, it could affect a vehicle's compliance with Standard No. 105 and Standard No. 121.

If one of your devices is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards, including Standard No. 105 and Standard No. 121. (See 15 U.S.C. 1397(a)(1) and 49 CFR Part 567.) If the device is added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. (See 49 CFR Part 567.7.)

If the device is installed on a used vehicle by a business such as a garage, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. (See 15 U.S.C. 1397(a)(2)(A).)

You should also be aware of the requirements of Safety Standard No. 106, Brake Hoses, which specifies requirements for motor vehicle brake hose, brake hose assemblies, and brake hose end fittings. That standard applies to new motor vehicle equipment as well as to new motor vehicles. You should check to see if any parts of your devices are subject to the requirements of Standard No. 106.

I also note that manufacturers of aftermarket equipment are subject to the Safety Act's defect provisions. Should a safety-related defect be discovered in your device, whether by the agency or yourself, you as the manufacturer would be required to notify purchasers and dealers and provide a cost-free remedy for the defect.

Enclosed is a copy of an information sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment," which further explains a manufacturer's responsibilities under NHTSA's regulations. You may also wish to review the Federal Highway Administration's Federal Motor Carrier Safety Regulations, which set forth requirements for commercial motor vehicles. The address of the Office of Motor Carrier Standards is included in the enclosed information sheet.

Finally, you asked how you could secure or have access to the complete Docket No. 92-29-01. This docket includes responses to an advance notice of proposed rulemaking (ANPRM) in which NHTSA announced that it is considering proposing additional requirements that might require medium and heavy duty vehicles to be equipped with antilock brake systems. The complete docket, including all the responses to the ANPRM, can be reviewed at the agency's Docket Section, room 5109, 400 Seventh Street, S.W., Washington D.C. 20590. Docket hours are 9:30 a.m. and 4:00 p.m., Monday through Friday. A complete copy of the docket is also available for a fee to cover search and copying costs by contacting the agency's technical reference division at (202) 366-4949.

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.

ID: nht92-2.30

DATE: 11/16/92

FROM: M. K. CHAUDHARI -- DEPUTY DIRECTOR, THE AUTOMOTIVE RESEARCH ASSOCIATION OF INDIA

TO: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

COPYEE: NAME ILLEGIBLE

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 2-9-93 FROM JOHN WOMACK TO M. K. CHAUDHARI (A40; REDBOOK (2); STD. 106)

TEXT: Thank you very much for the literature you have sent on breaking regulations issued by the NHTSA. This information will be very useful in our work.

I am interested to know about the procedure for obtaining DOT certification on Automotive Components in general and brake hose ends (Metallic ends in particular. I would request information on the following points:

1. No. of samples to be submitted for testing. 2. Time required for testing 3. Test theries 4. Periodicity of testing 5. In case of failure in the first attempt. No. of fresh samples to be submitted 6. Any agency has been authorized in India for certification as per DOT specs. 7. Any other relevant information.

Please send any printed catalogues or brochures on DOT testing and certification procedure.

With kind regards.

ID: nht92-2.31

DATE: 11/13/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: MARK W. STEVENS -- CHAIRMAN, SEATMORE

ATTACHMT: ATTACHED TO LETTER DATED 10-2-92 FROM MARK W. STEVENS TO PAUL J. RICE (OOC 7809)

TEXT: This responds to your letter of October 2, 1992 requesting information on standards applicable to an "after market 3rd rear facing seat for the Ford- Taurus and Mercury Sable station wagons 1986-1993." During an October 20, 1992 phone conversation with Mary Versailles of my staff you explained that in most instances these seats are sold for installation in used vehicles, by either the owner or by a dealer or repair business. You also stated that the seat might be installed by a dealer prior to the vehicle's sale. Your three questions and the answer to each follows.

Before I address the substance of your letter, I note that your letter requested that the product information enclosed with your letter be treated as confidential. Your request for confidentiality was denied in an October 27, 1992 letter signed by Kathleen DeMeter, our Assistant Chief Counsel for General Law. Accordingly, the product information enclosed with your letter has been placed in NHTSA's public docket, along with your letter and this reply.

1. Does the aftermarket 3rd rear facing station wagon system have to be tested in compliance with FMVSS 207, 209, & 210?

The National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) authorizes this agency to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Section 108 (a) (1) (A) of the Safety Act (15 U.S.C. 1397 (a) (1) (A) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products.

Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

NHTSA has exercised its authority to establish five safety standards which could be applicable to a 3rd rear facing vehicle seat: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, Standard No. 210, Seat Belt Assembly Anchorages, and Standard No. 302, Flammability of Interior Materials.

Standard No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. This standards applies to all seat belt assemblies for use in motor vehicles, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Hence, any seat belts installed on the 3rd rear facing seat have to be certified as complying with Standard No. 209.

The remaining four standards apply only to new vehicles. If the 3rd rear facing seat were installed before the vehicle's first purchase for purposes other than resale, the vehicle would have to be certified as complying with all applicable standards, including these four, with the 3rd rear facing seat installed. Standard No. 207 establishes strength and other performance requirements for vehicle seats. Standard No. 208 sets forth requirements for occupant protection at the various seating positions in vehicles. Standard No. 210 establishes strength and location requirements for seat belt anchorages. Finally, Standard No. 302 specifies burn resistance requirements for materials used in motor vehicles, specifically including seat cushions, seat backs, and seat belts.

After a vehicle's first purchase for purposes other than resale; i.e., the first retail sale of the vehicle, the only provision in Federal law that affects a vehicle's continuing compliance with an applicable safety standard is set forth in section 108 (a) (2) (A) of the Safety Act (15 U.S.C. 1397 (a) (2) (A). That section provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard.

Any violation of this "render inoperative" prohibition would subject the violator to a potential civil penalty of up to $ 1,000 for each violation. Please note that the "render inoperative" prohibition does not require manufacturers, distributors, dealers, and repair businesses to certify that vehicles continue to comply with the safety standards after any aftermarket modifications are made. Instead, "render inoperative" prohibits those entities from performing aftermarket modifications that they know or should know will result in the vehicle no longer complying with the safety standards.

Please note also that the "render inoperative" prohibition does not apply to modifications vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install your company's 3rd seat in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, individual States have the authority to regulate modifications that individual vehicle owners may make to their own vehicles.

2. The seat belt anchorages are Ford factory anchorages built into the car at the factory and designed for the Ford factory 3rd seat and seat belts. We will be using the same anchorages with aftermarket seat belts already in compliance. Is a test required for this system?

As noted above, if these 3rd seats are installed in a vehicle prior to the vehicle's first sale for purposes other than resale, the vehicle must be certified as complying with all applicable safety standards with the 3rd seat installed. NHTSA's position on what steps manufacturers must take before certifying that their vehicles or equipment comply with applicable safety standards has been often stated and applies with equal force in your situation. The compliance test procedures set forth in the safety standards must be followed by this agency during our compliance testing. With respect to your company's 3rd seats, this means that NHTSA's compliance testing for the vehicle would be conducted using the test procedures set forth in the relevant safety standard or standards.

Manufacturers certifying compliance with the safety standards are not required to follow exactly the compliance test procedures set forth in the applicable standard. In fact, manufacturers are not required to conduct any actual testing before certifying that their products comply with applicable safety standards. However, to avoid liability for civil penalties if the vehicle were determined not to comply with a safety standard, the Safety Act requires the certifying manufacturer to exercise "due care" to assure compliance and in making its certification. It may be simplest for the manufacturer to establish that it exercised "due care" if the manufacturer has conducted testing that strictly followed the compliance test procedures set forth in the standard. However, "due care" might also be shown by using modified test procedures, engineering analyses, computer simulations, and the like. Thus, the entity that installs your company's 3rd seat in a vehicle prior to the vehicle's first sale will have to decide for itself, in the first instance, what information it needs to make its certification in the exercise of "due care."

If the 3rd seat were installed after the first purchase of the vehicle in good faith for purposes other than resale, no certification would be required. Instead, any manufacturer, distributor, dealer, or repair shop that performed the installation would have to ensure that the installation did not "render inoperative" compliance with any applicable safety standard. Actual testing is not required to avoid violating the "render inoperative" prohibition. Instead, your company could carefully examine your product and the proposed installation instructions and compare those with the requirements of the safety standards, to determine if installing your product in accordance with your instructions would result in the vehicle no longer complying with the standards.

3. If testing is required, must they be specifically Static Tested or Dynamic Crash Tested?

Testing is required only in agency compliance testing, as explained above. Agency testing must be conducted in accordance with the test procedures specified in the applicable standard. I note, however, that the dynamic crash testing requirement in Standard No. 208 applies only to the front outboard seating positions.

For your information, I have enclosed a sheet for new manufacturers that identifies the basic requirements of our standards and regulations, as well as how to get copies of those standards and regulations. 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.

ID: nht92-2.32

DATE: 11/13/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: PAUL JACKSON RICE -- CHIEF COUNCEL, NHTSA; UNDER SECRETARY -- MINISTRY OF COMMERCE AND INDUSTRY, KUWAIT

ATTACHMT: ATTACHED TO LETTER FROM UNDER SECRETARY, KUWAIT MINISTRY OF COMMERCE AND INDUSTRY TO PAUL J. RICE

TEXT: Due to some information received by the ministry that there are some companies who were dumping some defected and regected tyres in the area and for the safety of vehicles passengers the Ministry of Commerce & Industry had issued the Ministrial Degree no 3/1982 requiring that all imported vehicles tyres must be brand new and complying with international standards and that every shipment of such tyres must be accompanied by quality certificate issued by independent officially recognize body as an authority which has an ability of testing and prooving the quality of these tyres in accordance with these standards.

Accordingly we have received the certificates of quality from many authorized agencies from different countries and most of these certificates are valid for aperiod of time (One year - two years)

For U.S.A. we have not been able to obtain such certificate and the only certificate we are receiving now from a company named Societe Generale de Surveillance (SGS) which issued certificate for each shipment separetally and which does only visual test and not actual labrotary testing.

In order to obtain information concerning regulations and standards for motor relicles we have contacted the USA embassy in kuwait who has supplied us with standards NO, 569, 571.109, 571.110, 571.117, 571.119, 571.120, 571.129, 574.1 - 6, 575.1 - 7, 575.101 - 104, which have been issued by your administration.

This responds to your letter concerning United States tire regulations. You stated that some companies have been reported to be dumping defective and rejected tires in your country. In response to that situation, the Ministry of Commerce and Industry issued a decree requiring that all imported tires must be new, must comply with international standards, and must be accompanied by a quality certificate issued by an independent, officially recognized authority which has the capability of testing and proving the quality of the tires in accordance with the standards. You stated that you have been unable to obtain such a certificate from the United States, but have received one from a company called Societe Generale de Surveillance, which issues a certificate for each shipment separately and does only visual tests and not laboratory testing. You stated that you have studied this agency's tire standards and posed a series of questions to us which I will endeavor to answer below.

By way of background information, under the National Traffic and Motor Vehicle Safety Act of 1966, ("Safety Act," 15 U.S.C. 1381 et seq.), the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new motor vehicle equipment. Tires are considered motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards. Manufacturers of motor vehicles and motor vehicle equipment must certify that their products meet all applicable safety standards.

All new tires sold in the United States for use on passenger cars must be certified as complying with Standard No. 109 (49 CFR Part 571.109), and all new tires sold for use on other motor vehicles must be certified as complying with Standard No. 119 (49 CFR Part 571.119). These standards specify performance requirements (strength, endurance, high speed performance, and for passenger car tires only, resistance to bead unseating), marking requirements (treadwear indicators and labeling information), and tire and rim matching information requirements.

The process of certifying compliance with the applicable safety standards under the Safety Act is considerably different in the United States than in other countries. For example, the European nations require manufacturers to deliver tires to a governmental entity for testing. After the governmental entity tests the tires, the government approves those tires for use and assigns an approval code to the tires. The Safety Act, on the other hand, establishes a "self-certification" process for tires sold in the United States. Under this process, the tire manufacturer, not a governmental entity, certifies that its tires comply with applicable safety standards.

The Safety Act does not require that a manufacturer base its certification on a specified number of tests. A manufacturer is only required to exercise due care in certifying its tires. It is the responsibility of the individual tire manufacturer to determine initially what test results, computer simulations, engineering analyses, or other information it needs to enable it to certify that its tires comply with Federal tire safety standards. Once a manufacturer has determined that its tires meet all requirements of the safety standards, it certifies such compliance by molding the letters "DOT" onto at least one sidewall of each certified tire.

This agency does not perform any pre-sale testing or approval of tires. Rather, NHTSA randomly tests certified tires to determine whether the tires do, in fact, comply with applicable standards. For these enforcement checks, NHTSA purchases tires "off the shelf" from retail tire dealers and tests those tires according to the procedures specified in the standards. If the tires pass the tests, no further action is taken. If the tires fail the tests and are determined not to comply with the standards, the tire manufacturer is required to recall the tires and remedy the noncompliance without charge.

With the above background in mind, I now turn to your specific questions:

1. Must all tires manufactured and sold in the United States bear the "DOT" mark? Answer: Yes, assuming that the tires are intended for use on motor vehicles. The "DOT" symbol molded onto at least one side of the tire is the manufacturer's certification that that tire complies with all applicable safety standards.

2. What are the bases for granting the right to use the "DOT" mark by tire manufacturers? Answer: The use of the "DOT" symbol on tires is a requirement imposed on tire manufacturers and not a right which is granted.

3. Is the "DOT" symbol required for tires intended both for domestic consumption and for export? Answer: NHTSA's safety standards do not apply to motor vehicles or motor vehicle equipment which are intended solely for export. Therefore, the "DOT" symbol is required only for tires intended for use in the United States.

4. Is there a validity time for the use of the "DOT" symbol? Answer: No. The symbol constitutes the manufacturer's certification that, at the time a new tire is manufactured, that tire complies with all applicable Federal safety standards.

5. What is the relationship between your administration and the Department of Transportation concerning the implementation of the "DOT" symbol? Answer: NHTSA is a subordinate agency of the United States Department of Transportation.

6. What are the legal responsibilities of manufacturers by using the "DOT" symbol? Answer: As indicated above, by placing the "DOT" symbol on a tire the manufacturer certifies that, under the provisions of the Safety Act, the tire complies with all applicable Federal safety standards.

7. What are the responsibilities of manufacturers in case of violations of the "DOT" symbol's role? Answer: If a tire is determined not to comply with a safety standard, the manufacturer is required to remedy the noncompliance without charge. In addition, violations of Safety Act provisions may result in civil fines.

I hope that the information in this letter is helpful to you. Should you have any further questions, however, please feel free to contact Mr. Walter Myers of my staff at this address or by telephone at (202) 366-2992, FAX (202) 366-3820.

ID: nht92-2.33

DATE: 11/13/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: EDNA SUTLIEF -- PROJECT CONCERN

ATTACHMT: ATTACHED TO LETTER (NHTSA AUTO SAFETY HOTLINE) DATED 9-30-92 FROM EDNA SUTLIEF TO CHARLES GAUTHIER (OCC 7810)

TEXT: This responds to your request to the NHTSA's Auto Safety Hotline for information on Federal regulations concerning safety belts and tiedowns for vans used for transporting disabled and senior citizens. Your specific concerns relate to whether Federal law mandates safety belt use in these vans. I am pleased to have this opportunity to explain our laws and regulations to you.

Federal laws administered by this agency regulate the manufacture and sale of new vehicles. It leaves the individual States free to address questions about the registration and operation of vehicles within their borders. Questions about whether persons are required to use their safety belts while riding in a motor vehicle relate to the operation of a vehicle, and are thus addressed by the individual States, not the Federal government. Accordingly, your question about whether passengers riding in your vans must use their safety belts is one that should be addressed to the State of Kansas. I note, however, that while the Federal government leaves these questions of requirements in this area to the individual States, this agency strongly encourages the use of safety belts by all persons in a vehicle every time they ride in a vehicle.

In addition, if your organization is subject to the requirements of the Americans with Disabilities Act, regulations implementing that Act require installation of wheelchair securement devices and passenger seat belts and shoulder harnesses. For further information concerning the regulations implementing the Americans with Disabilities Act you should contact: Robert C. Ashby, C-50, Office of the General Counsel, Department of Transportation, 400 Seventh St. SW, Washington, DC 20590.

It might be helpful for me to set out the Federal requirements for new motor vehicles. A provision of Federal law, the National Traffic and Motor Vehicle Safety Act (the Safety Act), authorizes this agency to issue Federal Motor Vehicle Safety Standards, which set performance requirements for new motor vehicles and items of motor vehicle equipment. It is a violation of Federal law for any person to manufacture or sell any new vehicle or item of motor vehicle equipment that does not comply with all applicable safety standards.

Standard No. 208, Occupant Crash Protection, requires safety belts to be installed at "designated seating positions." The specified requirements for belt installation vary, depending on the particular vehicle type and seating position within the vehicle. However, Standard No. 208 would not require installation of a safety belt at a wheelchair securement location, because such a location would not be a "designated seating position," as that term is defined in 49 CFR 571.3. Furthermore, none of the other Federal motor vehicle safety standards require installation of, or set forth performance requirements for, wheelchair securement devices.

If a safety belt is installed at a wheelchair securement location, either voluntarily or pursuant to another state or federal requirement, the safety belt must comply with the requirements of Standard No. 209, Seat Belt Assemblies. Standard No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies as separate items of motor vehicle equipment.

The Safety Act also requires that manufacturers of "motor vehicle equipment" notify purchasers and repair at no cost to the purchasers equipment that is determined to contain a defect related to motor vehicle safety. Wheelchair securement devices are items of "motor vehicle equipment" within the meaning of the Safety Act. Hence, manufacturers of wheelchair securement devices are obliged to notify and remedy without charge any defects related to motor vehicle safety that occur in their products. You may also be interested to learn that this agency currently has a rulemaking pending to set forth performance requirements for wheelchair securement devices. While this proposal relates only to wheelchair securement devices installed in school buses, I am enclosing a copy of the notice of proposed rulemaking for your information.

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.

ID: nht92-2.34

DATE: November 12, 1992

FROM: P.R. Smorra -- Group Vice President, Chrysler Corporation

TO: Administrator -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 2/9/93 from John Womack to Patrick R. Smorra (A40; Part 555)

TEXT:

Chrysler Corporation is considering a program in which a foreign national could purchase a Chrysler vehicle through a dealer in their country but take delivery of it in the United States so they could use it while on vacation in the States. At the conclusion of their vacation the vehicle would be shipped to them in their home country.

In order to implement this program and export a Chrysler product which is certified in our customer's home market the vehicle would not comply with all U.S. regulations (including EPA and FMVSS). Chrysler International is requesting a variance to these vehicle requirements for the purpose of temporary use by our vacationing customers.

Chrysler has been very aggressive in relaunching our international efforts over the past five years. In 1993 we expect to sell over 100,000 vehicles overseas. We are confident that this program will further contribute to our international growth.

Please advise me if you require additional information in order to grant this variance. Relative to this variance, please clarity two issues: If, upon the expiration of the variance, the vehicle has not left the U.S., who is responsible for the delinquency? In the unlikely event that this vehicle has an accident in which it is deemed undriveable, who is responsible for its disposition?

Thank you for your consideration. I look forward to your reply.