ID: 10925

Mr. Lance Tunick
Vehicle Services Consulting, Inc.
Post Office Box 1015
Golden, CO 80402-1015

Dear Mr. Tunick:

This responds to your request for the agency to clarify the requirements of 49 CFR 575.101, which until recently required manufacturers to disclose information about the stopping performance of passenger cars and motorcycles. In particular, you asked how the requirement would apply to vehicles certified to comply with Federal Motor Vehicle Safety Standard No. 135, Passenger Car Brake Systems.

I am enclosing a copy of a June 26, 1995, final rule in which the National Highway Traffic Safety Administration (NHTSA) rescinded section 575.101 (60 FR 32918). As a result of this decision, a vehicle manufacturer is no longer required to furnish information about the stopping performance of passenger cars and motorcycles.

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

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:575#105#135 d:7/26/95

ID: nht75-5.41

DATE: 12/02/75

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Ralph Blake

TITLE: FMVSR INTERPRETATION

TEXT: As you requested in your December 1, 1975, telephone conversation with Karen Kreshover of this office, I am answering by letter your question as to whether motor vehicle dealers must retain copies of Federal odometer disclosure statements which they either receive or execute.

Section 408 (a) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1988 (a)) gives the Secretary of Transportation authority to promulgate rules relating to the execution of statements disclosing odometer mileage on vehicles at the time of their sale. Such rules may, according to the Act, contain requirements prescribing the manner in which the necessary information is disclosed or retained.

Pursuant to the mandate of section 408, the National Highway Traffic Safety Administration promulgated 49 CFR Part 580, Odometer Disclosure Requirements. This regulation does not, however, require individuals to retain either copies or originals of odometer disclosure statements that come into their possession. This means that a dealer need not retain statements that are provided to him when he purchases a vehicle; nor must he retain copies of statements executed by him to purchasers of vehicles he sells.

SINCERELY,

ID: nht94-1.36

TYPE: Interpretation-NHTSA

DATE: February 1, 1994

FROM: R. Mark Willingham -- Thornton, Summers, Biechlin, Dunham & Brown, L.C.

TO: John Womack -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 4/1/94 from John Womack to R. Mark Willingham (A42; Part 575)

TEXT:

This correspondence is in reference to 49 CFR 575.105 and the interpretations of same. After phone conversations with Ken Weinstein and Walter Meyers of NHTSA, I have been advised to make a formal request of specific questions and/or interpretations of 49 CFR 575.105, to your attention, for NHTSA's formal opinions.

Please forward to my attention copies of any discussions, preambles, and/or supplements concerning the drafting and interpretations of 49 CFR 575.105. Additionally, please forward to my attention the following:

1) The definition and/or meaning of "permanent" as described in 49 CFR 575.105. 2) To whom is 49 CFR 575.105 directed (ie. Manufacturer, Distributor, Dealership), and whether it is extended to a seller of a used vehicle. I appreciate your cooperation and attention to this query. If any additional information is needed on my part, please do not hesitate to contact me at the above listed telephone number or 1-800-374-8574.

ID: nht72-4.50

DATE: 10/01/72 EST

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Pioneer Machinery Inc.

TITLE: FMVSR INTERPRETATION

TEXT: In your letter of September 15, 1972, you ask for clarification of the records that Pioneer Machinery, Inc., as a manufacturer and installer of truck hoists and racks, is required to keep.

There are several regulations issued by the National Highway Traffic Safety Administration that could apply to Pioneer. The first of these is 49 CFR Part 566, Manufacturer Identification. Under this regulation manufacturers of vehicles and equipment to which a Federal motor vehicle safety standard applies must file certain information with the NHTSA. Although Pioneer may not manufacturer equipment subject to a standard, it could be a final-stage manufacturer, as defined by 49 CFR Part 568, Vehicles Manufactured in Two or More Stages, and subject to both these regulations. I enclose a copy of each. If Pioneer determines it is a "final-stage manufacturer" then it would also be subject to the obligations of Part 568 (@ 568.6) and the requirements of Part 567 (@ 567.5) Certification, copy enclosed.

If Pioneer is a "final-stage manufacturer," it must file quarterly reports of production figures pursuant to 49 CFR Part 573, (@ 573.5 (b)) Defect Reports. I have also enclosed a copy of this regulation for your review.

ID: nht90-1.18

TYPE: Interpretation-NHTSA

DATE: January 18, 1990

FROM: Robert E. Meadows -- Engineering Manager, Wayne Corporation

TITLE: None

ATTACHMT: Attached to letter dated 1-8-90 from R. Marion to C. Karl; Also attached to memo dated 11-28-8? from C. Karl to All School Bus LCR II's; Also attached to letter dated 11-27-90 from P.J. Rice to C. Karl (A36; Std. 217); Also attached to letter d ated 12-7-82 from F. Berndt to M.B. Mathieson; Also attached to letter dated 1-29-90 from C. Karl to M. Shaw (OCC 4403)

TEXT:

This certifies that Accessories KE06-08 and ME06-01, Vandal Locks, meet all requirements of Federal Motor Vehicle Safety Standard No. 217, and Minnesota and Iowa standards.

The above options are comprised of:

1. A key lock for the front door

2. A rear slide bolt on the rear door (no rear key is required), hooked into starter interlock system so that the engine cannot be started 3. A buzzer in the driver's area tied in with the interlock that would warn the driver if anyone was trying to lock the door after the engine was started The above systems have been used by Wayne Corporation since 1977.

ID: nht94-8.35

DATE: February 1, 1994

FROM: R. Mark Willingham -- Thornton, Summers, Biechlin, Dunham & Brown, L.C.

TO: John Womack -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 4/1/94 from John Womack to R. Mark Willingham (A42; Part 575)

TEXT:

This correspondence is in reference to 49 CFR 575.105 and the interpretations of same. After phone conversations with Ken Weinstein and Walter Meyers of NHTSA, I have been advised to make a formal request of specific questions and/or interpretations of 49 CFR 575.105, to your attention, for NHTSA's formal opinions.

Please forward to my attention copies of any discussions, preambles, and/or supplements concerning the drafting and interpretations of 49 CFR 575.105. Additionally, please forward to my attention the following:

1) The definition and/or meaning of "permanent" as described in 49 CFR 575.105.

2) To whom is 49 CFR 575.105 directed (ie. Manufacturer, Distributor, Dealership), and whether it is extended to a seller of a used vehicle.

I appreciate your cooperation and attention to this query. If any additional information is needed on my part, please do not hesitate to contact me at the above listed telephone number or 1-800-374-8574.

ID: nht93-5.24

TYPE: Interpretation-NHTSA

DATE: July 14, 1993

FROM: Zaher A. Obeid -- President & CEO, Petrobeid of Syria

TO: NHTSA

TITLE: Re: Zatalite device for preventing tragical motor vehicle accidents especially on highways

ATTACHMT: Attached to letter dated 7/29/93 (est) from John Womack to Zaher A. Obeid (A41; Std. 108; VSA 108); Also attached to letter dated 8/17/89 from Stephen P. Wood to Alan S. Eldahr (Std. 108)

TEXT:

"Please allow me to submit to you some chosen documents and details of my patented leading invention above, which is intended to be manufactured and distributed in the U.S.A. in the near future.

Prior to such a final step, and as I am quite concerned to make this device as safe and useful as possible, I shall absolutely and always need any serious remark and/or comment, especially from highly experienced adminstrations like yours.

Therefore, please kindly read the attached details carefully, and let me have your esteemed opinion, along with any suggestion that you may find useful.

Your cooperation will be very valuable to me, and shall very much appreciate to hear from you at an early convenience.

Attachment

Zatalite brochure (text and photos omitted).

ID: nht73-2.16

DATE: 11/09/73

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Lane County District Attorney

TITLE: FMVSR INTERPRETATION

TEXT: You have asked what information an automobile dealer must provide in a Federal odometer statement concerning prior vehicle ownership and mileage over 100,000 miles

The Federal regulation only requires information which the transferor knows or has good reason to know about the vehicle's mileage. It does not require that he disclose the name of the former owner. It does not require that he state the recorded mileage, and if he knows or has good reason to know that the recorded mileage is not correct he must make a further statement that the actual mileage is unknown. In your example, therefore, he would only state the five-digit figure appearing on the odometer, and make the further statement if he knew or had been told that the vehicle had traveled more than 100,000 miles. He is not required to check with former owners as to vehicle history, but he would be accountable under local consumer protection laws for any misleading statements he made about the vehicle's history.

Please contact me if I can be of further assistance.

Sincerely,

Enclosure

ID: nht72-6.50

DATE: 02/09/72

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: George Diederich

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter to Secretary Volpe concerning the Tire Identification and Record Keeping regulation (49 CFR 574).

It is unfortunate that you feel the way you do concerning the regulation. However, it does not appear to be an unreasonable burden on the seller of the mobile home to record the name of the purchaser of the mobile home and forward it to the manufacturer.

With regard to the need for the regulation the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seg.) was amended by adding section 113(f) (15 U.S.C. 1402) which requires manufacturers of tires to maintain the names of first purchasers. The amendment also provides that the Secretary may establish procedures for the maintainance of these records.

The legislative history of section 113(f) clearly indicates that the Congress recognized that in spite of defective tires reaching the marketplace, tire manufacturers had no way of notifying the purchaser of the defective tire and that he could be jeopardising his life and property, as well as the life and property of the general public, by continuing to use the defective tire.

ID: nht94-1.49

TYPE: INTERPRETATION-NHTSA

DATE: February 9, 1994

FROM: James H. Shuff -- President, Freedom Trailers

TO: Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: Attached to letter dated 7/14/94 from John Womack to James H. Shuff (A42; STD 120; VSA 102(3))

TEXT: I was advised by Mr. George Shifflet of the D.O.T. to contact you and request a ruling on the Park Model Travel Trailers that I am building.

I am custom building park model travel trailers. These units, by ANSI code 119.5, are limited to a maximum of 400 sq, ft. There are park models that are recognized by H.U.D. but they are 500sq. ft. They are intended for recreational use only and no t for year round living. These units can be used in the same manner as conventional travel trailers for winter camping in the year round parks. These units can be as wide as 12'.

The units that I am building are to order only. Once they are constructed they will be towed to their campsite and set up. The tires and the rims will be retained by me and used over again. Mr. Shifflet did not seem to think that there would be a p roblem with this, but suggested that I contact you for an opinion.