ID: nht92-2.44

DATE: 11/06/92

FROM: RICHARD HORIAN -- PRESIDENT, WOODLEAF CORP.

TO: PAUL J. RICE -- CHIEF COUNSEL, NHTSA

TITLE: SUDDEN BRAKE INDICATOR HAZARD LIGHT

ATTACHMT: ATTACHED TO LETTER DATED 12-7-92 FROM PAUL J. RICE TO RICHARD HORIAN (A40; STD. 108)

TEXT: Enclosed is an official request for proposal to allow a vehicular lighting system that warns when an emergency braking situation or other hazard is occurring. Simply, when a driver engages in hard braking, a circuit activates a separate lighting system to warn other drivers to pay special attention to a potentially hazardous situation.

The Sudden Brake Indicator Hazard Light is different from other similar systems proposed over the years with the following unique advantages:

(A) An electronic pressure switch is used within the brake pedal assembly. No hydraulic pressure switch is mounted within the vehicle's hydraulic brake lines. If the electric pressure switch fails for any reason, all existing braking and lighting systems on the vehicle remain unaffected.

(B) Increased foot pressure being applied during hazard braking conditions is a natural ergonomic reflex. The driver does not have to divert his attention to activate a manual switch or other device.

(C) The Sudden Brake Indicator Hazard Light may be activated when the vehicle is not in motion. Most rear end collisions occur when the lead vehicle is stopped. If the stopped lead vehicle driver notices in his rear view mirror that another driver is approaching too fast, he simply has to depress his brake pedal with greater pressure to instantly activate the hazard light. No time is lost as the driver's foot is already on the brake.

(D) In emergency situations when a vehicle goes off the road and comes to a stop, the hazard light may be instantly activated by harder depression of the brake pedal. This is primarily important during night time freeway driving. Precious seconds are not lost while searching for the manually activated hazard light switch until it is turned on.

(E) Most importantly, there is no chance of drivers becoming desensitized to the Sudden Brake Indicator Hazard Light as it is rarely used. Other proposed systems were designed to be activated during all braking conditions. With these systems, either flashing or steady burning, this is tantamount to just another brake light that sooner or later would be regarded the same as existing brake light designs.

ATTACHMENT

Mr. Paul J. Rice Chief Counsel National Highway Traffic & Safety Administration 400 7TH Street, Room 5219 Washington, DC 20590

REFERENCE: SUDDEN BRAKE INDICATOR HAZARD LIGHT

Dear Mr. Rice,

Please allow a written opinion for allowance of a Sudden Brake Indicator vehicular hazard lighting system described as follows.

A separate hazard brake light system that is activated only when a predetermined threshold of pressure is reached upon physical depression of a vehicle's brake pedal. The hazard brake light system primarily consists of two components: (A) A pressure sensitive electronic switch mounted within the vehicle's brake pedal assembly that is activated only when a predetermined amount of foot pressure is applied to the brake pedal that is usually greater than those pressures applied during normal driving conditions (as an example, foot pressure application greater than 25 lbs. of force). (B) A light or light assembly that is mounted to the rear of the vehicle that when illuminated, may warn other vehicles of a sudden braking or other hazard situation.

The hazard light may be red or amber in color and steady burning or flashing as required to warn other drivers that a hazard situation may be occurring so that special driving attention should be employed.

The hazard brake light system will be mounted in one of two places. (A) The high mount stop light outer housing will be slightly expanded to contain a separate inner housing or housings with separate bulb and lens coverings from that of the high mount stop light. (B) Elsewhere on the rear of the vehicle so as not to conflict with the other lighting functions mandatory on the vehicle.

The switch, hardware, wiring, lights, lenses and housings will conform to all existing Automotive Codes of Federal Regulations. The hazard light system will be design manufactured and installed for use only on original equipment manufactured vehicles.

Sincerely,

Richard Horian

President

ID: nht92-2.45

DATE: 11/05/92

FROM: KIM WELSH -- EMMETT KOELSCH COACHES

TO: PUBLICATIONS DEPARTMENT, DOT

ATTACHMT: ATTACHED TO LETTER DATED 12-1-92 (EST.) FROM PAUL J. RICE TO KIM WELSH (A40; PART 571.3)

TEXT: Please forward a copy of the "Motor Vehicle Safety Standards" regarding School Buses and other Transit type vehicles. Please use the above address. If there are any questions please use our number list above.

Thank You!

ID: nht94-1.2

TYPE: Interpretation-NHTSA

DATE: 01/01/94 EST

FROM: Rowe Manufacturing

TO: NHTSA

TITLE: GLAD-GRIP

ATTACHMT: Attached to letter dated 5/18/94 from John Womack to Neil Rowe (A42; Std. 106)

TEXT:

The Glad-Grip started as a useful device to help connect and disconnect the hydraulic hoses on farm implements. This device is called the Hydra-Grip. As time passed and the Hydra-Grip became better known, several truckers saw the Hydra-Grip and thought they would be an asset on the air hoses of semi truck tractors. There is nothing on the air hoses to get a grip on except the hose itself or the spring below the glad hand. Especially during cold weather when drivers twist the glad hand loose from its mating coupler half, the hose would be bent at a severe angle causing the hose to either break or develop a leak. This problem is greatly reduced by installing the Glad-Grip, a very durable and simple handle. Safety is also a factor as the operator's hand is not in contact with the air hose itself.

The Glad-Grip has a machined steel core designed and tested to withstand a minimum of 3000 psi of hydraulic pressure, far in excess of the pressure on the air line system. The center bore of the core exceeds DOT requirements of at least 66% of the air l ine inside diameter. The threads, both male and female, are cut to American National Standard Institute one half inch NPTF threads.

It is the desire of Rowe Manufacturing to provide a safe and economical device for the trucking industry. To help minimize down time and costly repairs associated with broken hoses. At the same time we want to abide by all DOT standards and regulations .

Thank you for your consideration of our product. If you have any questions regarding our product feel free to call.

ID: nht94-1.20

TYPE: Interpretation-NHTSA

DATE: January 14, 1994

FROM: James M. Keitges -- President, Native American Motorcycle Company

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 2/3/94 from James Womack to James M. Keitges (A42; VSA Sect. 103(d))

TEXT:

Please allow me to introduce you to the Native American Motorcycle Company. The company is in the process of organizing to become the O.E.M. for large displacement motorcycles. We are currently sifting through information in order to comply with all Fed eral regulations as they apply to the manufacturing of motorcycles.

In order to make this task as succinct as possible, I am writing to request a statement from your office. The statement should confirm that once the company has complied with all Federal NHTSA statutes, regulations and standards, then the company has al so complied with the State and Local requirements as applicable to NHTSA.

This statement will expedite our research and result in quicker compliance at all levels. Thank you for your time and consideration. We look forward to working with your office in the future.

ID: nht94-1.21

TYPE: INTERPRETATION-NHTSA

DATE: January 19, 1994

FROM: Donald F. Lett -- Lett Electronics Co.

TO: Department of Transportation -- NHTSA

TITLE: None

ATTACHMT: Attached To Letter Dated 5/18/94 From John Womack To Donald Lett (A42; Std. 109; Std. 110; Part 575.104)

TEXT: Dear Sir,

I was directed to your department by Mr. Duane Perrin to resolve any legal responsibility, if any, for the following question;

Is there any pre-necessary authorization needed to modify an existing passenger tire, for instance a 215-70-R15 blackwall radial tire?

Proposed Modification

Grind down the existing sidewall 1/8 to 3/16 inch deep by 2 1/2" wide. Then vulcanizing white rubber into this recess making a 2 1/2" whitewall radial tire out of a previously D.O.T. approved radial blackwall tire.

Thereupon we would merchandise this tire Nation wide to a specific classic car buff of the 1955-1960 era. Your kind attention to this matter would be greatly appreciate.

Thank you,

ID: nht94-1.22

TYPE: Interpretation-NHTSA

DATE: January 21, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Terry Karas -- T. K. Auto Inc.

TITLE: None

ATTACHMT: Attached to letter dated 11/5/93 from Terry Karas to John Womack

TEXT:

This responds to your FAX of November 5, 1993.

You have asked whether a Canadian car that was accompanied by a Canadian manufacturer's letter stating that the vehicle complies with U.S. safety standards can be imported as a conforming vehicle under Box 2.

Box 2 on the HS-7 importation form is the importer's declaration under 49 CFR 591.5(b) that the motor vehicle to be imported complies with all applicable U.S. Federal motor vehicle safety standards, and bears a certification label or tag to that effect, affixed by the original manufacturer of the vehicle. Because some Canadian vehicles may be virtually identical to those manufactured in the United States, and hence may comply with U.S. safety standards even if not bearing a specific certification to U. S. safety standards, the National Highway Traffic Safety Administration has accepted, in lieu of specific certification to U.S. safety standards, a letter from the Canadian manufacturer stating that the vehicle to be imported was manufactured to comply w ith the U.S. safety standards.

If a manufacturer's compliance letter accompanies a vehicle manufactured for sale in Canada at the time such vehicle is offered for importation into the United States, the vehicle may be entered under Box 2 as a conforming vehicle, without the interventi on of a registered importer or the issuance of a bond. However, the manufacturer's compliance letter must contain the VIN of the specific vehicle that is to be imported, and an unqualified statement that the vehicle, as manufactured, complied with all a pplicable U.S. Federal motor vehicle safety standards.

Customs will then forward the HS-7 form and manufacturer's letter to this agency. However, if customs wishes us to review the manufacturer's letter, it is the prerogative of Customs to defer entry of the vehicle until it has received our views as to whe ther entry under Box 2 is appropriate.

You have also asked whether it makes "a difference if it is being imported for commercial or private purposes." Any Canadian vehicle that is accompanied by an acceptable manufacturer's letter of compliance is eligible for entry as a conforming vehicle u nder Box 2, regardless of whether the intent of importation is the commercial sale of the vehicle, or the retention of the vehicle for private use. However, if the letter is not an acceptable statement of compliance and the importation is for commercial purposes, the vehicle may only be imported under bond by a registered importer who must satisfy NHTSA that the vehicle complies, or has been brought into compliance, with the U.S. safety standards. Even though the registered importer's compliance work may be minimal, it is important to remember that the registered importer is also the person

responsible by statute for implementing notification and remedy campaigns in the event that noncompliances of the original manufacturer or safety related defects are discovered in the Canadian vehicle.

ID: nht94-1.23

TYPE: Interpretation-NHTSA

DATE: January 21, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Lloyd Boshaw -- M&L Auto Trim

TITLE: None

ATTACHMT: Attached to letter dated 8/31/90 from Paul Jackson Rice to David Holscher and letter dated 12/28/93 from Lloyd Boshaw to John Womack (OCC-9512)

TEXT:

We have received your letter of January 28, 1993, asking whether you must disconnect an original equipment center highmounted stop lamp when you add an aftermarket spoiler to the deck lid that incorporates such a lamp.

I enclose a copy of an interpretive letter we sent David Holscher on August 31, 1990, which remains our position today. In brief, a spoiler lamp will supersede the original equipment center lamp. When the spoiler is installed, Federal law does not dict ate whether the original lamp must be disconnected or remain usable. That question is answerable under State law, and we suggest that you consult the Department of California Highway Patrol for its views. If California has no regulation bearing on this problem, we assume that you may either disconnect the original lamp or leave it connected, as your customers desire.

ID: nht94-1.24

TYPE: Interpretation-NHTSA

DATE: January 21, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Kathy Rose -- Account Directive, FitzGerald Corporation

TITLE: None

ATTACHMT: Attached to letter dated 10/12/93 from Kathy Rose to Glen Beck (OCC 9528)

TEXT:

Your letter of October 12, 1993, to the office of Motor Carriers in Sacramento, has reached us for reply. Your company produces a "trailer skirting" for van trailers, and some of your customers have asked "whether it is legal to have the retroreflective tape (which is required by Motor Vehicle Safety Standard No. 108) to be applied to the length of the trailer be placed below the trailer, on the trailer skirting."

The letter does not indicate whether the skirting is intended as original or aftermarket equipment. If the skirting is original equipment that is added to the trailer at the time of its manufacture and intended to remain there for the life of the traile r, the conspicuity treatment required by the standard may be affixed to it, provided that it is mounted as near as practicable within a range that is not less than 375mm and not more than 1525mm (approximately 15 to 60 inches) above the road surface. Un der that condition, the portion of the trailer side that is above the skirting need not be equipped with the conspicuity treatment. If the skirting is aftermarket equipment, there is no requirement or restriction relating to conspicuity treatment of the skirting. We assume that the trailer to which it will be attached, if manufactured on or after December 1, 1993, will bear conspicuity markings in accordance with the standard.

ID: nht94-1.25

TYPE: INTERPRETATION-NHTSA

DATE: January 21, 1994

FROM: Allan Garman -- M.F. Bank & Co., Inc., Denver Branch

TO: Walt Myers -- NHTSA Office of Chief Counsel, Rulemaking Division

TITLE: None

ATTACHMT: Attached To Letter Dated 5/31/94 From John Womack To Allan Garman (A42; Std. 213; VSA 108(a)(1)(A)

TEXT: Total number of pages INCLUDING THIS COVER PAGE: 5

Mr. Myers:

As a followup to our telephone conversation this afternoon regarding the saleability of 287 baby car seats being transported inside a tractor-trailer which was involved in an accident, my 4-pg. "File Report" to the Insurance Adjuster follows for your re view.

Although the "File Report" contains some information which will be of minimal interest to you, I felt it best if I provided you with all the information I have.

Please respond by answering the following questions:

1) Is there law in effect which would prohibit us from selling the involved car seats as salvage due to the fact that they were involved in a transit accident?

2) Assuming the subject car seats complied with all federal safety regulations and guidelines prior to being involved in this truck accident, are there any other laws, rules, regulations, guidelines, or recommended practices under the NHTSA's jurisdictio n which we should consider before offering these car seats for eventual sale to the public?

3) Can we arrange to have an NHTSA representative from the local Denver office inspect these car seats at our warehouse and render an opinion as to whether they comply with all applicable federal safety standards?

My most sincere thanks to you for researching this matter for us. I look forward to your response.

Please find my address, telephone number, and fax number on the "File Report" letterhead.

(ATTACHMENT OMITTED)

ID: nht94-1.26

TYPE: Interpretation-NHTSA

DATE: January 24, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Jerome Cysewski

TITLE: None

ATTACHMT: Attached to letter dated 10/20/93 from Jerome Cysewski to NHTSA Office of Chief Counsel (OCC-9250)

TEXT:

This responds to your letter asking about the applicability of Federal requirements to two vehicles. I apologize for the delay in our response. According to your letter, one vehicle is a 13,600 pound cement silo that has tandem axles. The second vehicl e is a 6,400 pound aggregate batch plant that has a single axle. The cement silo and batch plant are mounted on their own trailers, and are equipped with electric brakes. Each vehicle is pulled by a one ton truck with hydraulic brakes. You also stated that both vehicles are mobile but are designed to be towed for off-the-road set and positioning. I am pleased to have this opportunity to explain our regulations to you.

By way of background information, this agency, the National Highway Traffic Safety Administration (NHTSA), issues Federal motor vehicle safety standards under the National Traffic and Motor Vehicle Safety Act (Safety Act). The Safety Act defines the ter m "motor vehicle" as follows:

"any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails." (Section 102(3))

If a vehicle is a motor vehicle under the definition, then the vehicle must comply with all applicable Federal motor vehicle safety standards. However, if a vehicle is not a motor vehicle under this definition, then the vehicle need not comply with the agency's safety standards because such a vehicle is outside the agency's scope of authority.

Whether NHTSA considers a construction vehicle, or similar equipment, to be a motor vehicle depends on the use for which it is manufactured. It is the agency's position that this statutory definition does not encompass mobile construction equipment, suc h as cranes and scrapers, which use the highway only to move between job sites and which typically spend extended periods of time at a single job site. In such cases, the on-highway use of the vehicle is merely incidental and is not the primary purpose for which the vehicle was manufactured. In instances where vehicles, such as dump trucks, frequently use the highway going to and from job sites, and stay at a job site for only a limited time, such vehicles are considered motor vehicles for purposes of the Safety Act, since the on-highway use is more than "incidental."

Your letter does not provide sufficient information for us to determine the extent to which the two vehicles would use the public roads. Nor can we determine whether the on-highway use of the vehicles would be merely incidental and not the primary purpo se for which they are manufactured.

However, you should be able to determine whether the vehicles are considered motor vehicles based on the information set forth above.

If the vehicles are considered motor vehicles under the Safety Act, they would be required to meet all safety standards applicable to trailers. Enclosed is an information sheet which identifies Federal statutes and NHTSA standards and regulations affecti ng motor vehicle and motor vehicle equipment manufacturers.

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.