ID: nht78-3.46

DATE: 07/31/78

FROM: AUTHOR UNAVAILABLE; John Womack; NHTSA

TO: Maryland Independent Automobile Dealers Association

TITLE: FMVSR INTERPRETATION

TEXT: This to confirm your telephone conversation with Kathy DeMeter of my staff concerning the Federal odometer disclosure requirements imposed on dealers and distributors. Part 580 of Title 49 of the Code of Federal Regulations requires that each transfer of a motor vehicle be accompanied by an odometer disclosure statement and that dealers and distributors retain for four years copies of statements which they issue and which they receive. In States that have incorporated the Federal statement into their certificates of title the dealer need not execute a separate Federal form. He must, nevertheless, retain a copy of whichever statement he completes. If, for example, he discloses the mileage solely by means of the statement on the certificate of title, he must make a copy of the title for his own records. He may also issue a separate statement to the purchaser and retain a copy of that statement for his records.

For your information, I have enclosed a copy of the law, the regulations issued under it and several interpretations and pamphlets. If you have any further questions, please do not hesitate to write.

ID: 86-2.4

TYPE: INTERPRETATION-NHTSA

DATE: 03/04/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Larry Alexander

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Larry Alexander Senior Product Manager Consumer Products Division Tuck Industries, Inc. Lefevre Lane New Rochelle, NY 10801

Dear Mr. Alexander:

This is in reply to your letter of October 1, 1985 asking whether any of your pressure sensitive tapes packaged for the automotive aftermarket are subject to any regulations of the National Highway Traffic Safety Administration. You have been asked by one of your customers to certify that your tape meets all applicable Federal motor vehicle safety standards and other regulations.

You provide four types of tapes: lens repair tape (for temporary use until a broken lens is replaced), hose repair tape (for temporary repair of leaks in water hoses), clear patch tape (for repair of upholstery), and carpet tape (used to hold carpets in place). This agency has jurisdiction over items of motor vehicle equipment, which are defined in part as:

"any system, part or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory or addition to a motor vehicle...."

Your tape could be regarded as an "addition" to a motor vehicle but even assuming that it is an item of motor vehicle equipment, there are no Federal motor vehicle safety standards that would apply to it. Therefore, no manufacturer certification is required, and you may so inform your customer. Further, any such certification could be viewed as a violation of the National Traffic and Motor Vehicle Safety Act by being certification that is false and misleading in a material respect, stating compliance with standards which are, in fact, non-existent.

Sincerely,

Erika Z. Jones Chief Counsel

October 1, 1985

Office of the Chief Council National Highway Traffic Safety Adm. Washington, DC 20590

Gentlemen:

We are a large manufacturer of pressure Sensitive Tapes, some of which are packaged for the Retail Automotive After-market.

One of our Retail Automotive customers has asked us to certify that our tape sold in this market meets all applicable standards and regulations of the Traffic Safety Administration. These products are:

1. Lens Repair Tape - A plastic transparent tape used to repair plastic lenses on broken directional signals as a temporary measure, until they are replaced. Available in amber and red.

2. Hose Repair Tape - A special duct tape used in emergency to temporarily stop a leak in a water hose until it can be repaired.

3. Clear Patch Tape - A clear polyethylene plastic tape us for interior patching of upholstery.

4. Carpet Tape - A double coated plastic tape used to hold carpets in place or keep the edges down.

Please advise if there are any rules or regulations affecting these products sold to the consumer through Retail Outlets, and please forward a copy of such regulations if they apply.

Very truly yours,

TUCK INDUSTRIES, INC.

Larry Alexander Senior Product Mgr. Consumer Products Div.

LA:jas cc: John Iodice Ted Levine

ID: nht87-1.78

TYPE: INTERPRETATION-NHTSA

DATE: 05/22/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: P. Soardo -- Istituto Elettrotecnio Nazionale, Galileo Ferraris

TITLE: FMVSS INTERPRETATION

TEXT:

Prof. P. Soardo Istituto Elettrotecnico Nazionale Galileo Ferraris 10155 Torino Italy

This is in reply to your letter of January 16, 1987, to the agency with reference to the "homologation in the U.S.A. of a headlamp -optically combined - capable of performing the function of auxiliary driving lamp or as an alternative to the function of the front fog lamp." You have told us that the device Is intended principally for the aftermarket and will use a two-filament H4 bulb, the main filament providing the "driving beam, " and the secondary filament performing "the ' fog' function." When it is mounted on the vehicle it will "meet the specific aiming requirements contained in the relevant SAE standards, for both light beams. "

As you may know, there are two types of laws in the United States that pertain to motor vehicle lighting equipment, the laws of the United States government. "Federal" law) , and those of the 50 individual States ("Local" law). One of these laws is Feder al Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment.. Standard No. 108 specifies requirements for original equipment, and, as a general rule, only aftermarket equipment that is intended to replace original equipme nt. There are no original equipment requirements in Standard No . 108 for a combination driving-fog lamp such as you discuss, and hence there are no Federal aftermarket requirements for it either. provided that this lamp does not impair the effectiveness of required front lamps, Standard No. 108 allows a vehicle manufacturer to install the driving-fog lamp as original equipment. Because Standard No. 108 does not allow use of the H4 bulb in headlamps for four-wheeled vehicles it could not serve as a head lamp. There are no Federal restrictions preventing the sale of this device in the aftermarket as a supplementary lamp.

However, the lamp would be subject to Local law, and some of the States of one State does not signify approval by another, so there would not be "homologation" permitting sale in all States based upon approval by only one State. Even if a Local law does not require approval of a driving-fog lamp, it may forbid its use . We are unable to advise you on Local laws but you may wish to write the American Association of Motor Vehicle administrators for an opinion. The address of this organization is 1201 Conn ecticut Avenue, N.W. , Washington, D.C. 20036.

Sincerely, Erika Z. Jones Chief Counsel

Strada delle Cacce, 91 10135 Torino - Italy

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA) U.S. Department of Transportation 400 Seventh Street. S.W. WASHINGTON, D.C. 20590 (USA)

Dear Sirs,

a manufacturer or lighting equipment has asked us whether it is possible to obtain homologation in the U.S.A. of a headlamp -optically combined -capable or performing the function of auxiliary driving lamp or as an alternative to the function or the fron t fog lamp.

The device, which is intended mainly for the aftermarket. uses a two-filament bulb, type H4.

The main filament is used to obtain the driving beam. the secondary filament is used to obtain the "fog" function.

The special design characteristics or this light unit allow the headlamp -when mounted on the vehicle - to meet the specific aiming requirements contained in the relevant SAE standards, for both light beams.

We look forward to hearing your comments to the above at your earliest convenience.

Thanking you in advance for your cooperation, we remain.

Yours sincerely. (P. Soardo)

ID: loadbind.rm

Allen F. Brauninger, Esq.
Office of the General Counsel
Consumer Product Safety Commission
Washington, D.C. 20207

Dear Mr. Brauninger:

This responds to your May 30, 1997, letter asking whether a load binder is motor vehicle equipment. From the information you sent us, load binders appear to be some type of strap or chain used to secure cargo to flat bed trucks. If so, then the answer to your question is yes.

As you are aware, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. Section 30102(a)(7) of 49 U.S.C. Chapter 301 (the "Safety Act"), defines, in relevant part, the term "motor vehicle equipment" as:

(A) any system, part, or component of a motor vehicle as originally manufactured [or] (B) any similar part or component manufactured or sold for replacement or improvement of such system, part, or component, or as an accessory or addition to a motor vehicle... (emphasis added).

In determining whether an item of equipment is considered an accessory, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We determine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be purchased or otherwise acquired and used principally by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered an "accessory," and thus is subject to the provisions of the Safety Act.

Applying these criteria to load binders, it appears that the item would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of the product, a substantial portion of the expected use of load binders relates to motor vehicle operation. The system is intended to hold cargo secure aboard flatbed trucks during transit. Also, the product would be purchased by and principally used by commercial truck drivers, ordinary users of motor vehicles.

While load binders are an item of motor vehicle equipment, NHTSA has not issued any standards for such a device. Nevertheless, the product's manufacturer is subject to the requirements in 49 U.S.C. sections 30118-30120 concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. I have forwarded your letter to our Office of Defects Investigation for its consideration.

Additionally, load binders used for transporting cargo in interstate commerce are subject to regulation by the Federal Highway Administration. Accordingly, we will forward your correspondence to the Chief Counsel of that agency for further review.

I hope this information is helpful. If you have any further questions, please feel free to contact Ms. Rebecca MacPherson of my office at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
ref:VSA
d.7/28/97

ID: nht74-4.50

DATE: 01/28/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Petroleum Equipment

TITLE: FMVSR INTERPRETATION

TEXT: Your request for information concerning the transfer of cargo tanks from one chassis to another has been brought to our attention by the Bureau of Motor Carrier Safety.

The National Traffic and Motor Vehicle Safety Act requires that a label certifying the compliance of motor vehicles to all applicable safety standards be affixed to a vehicle by its manufacturer. Certification regulations enacted pursuant to the mandate of the Act require the final-stage manufacturer to provide the certification of the vehicle with all applicable standards, based on information concerning the conformity of the chassis furnished by the chassis manufacturer pursuant to our regulations. This means that cargo tank manufacturers who install the tanks on the chassis and so complete the vehicle must certify it as a finished product.

Responding to your specific question, the action of transferring a cargo tank from one chassis to another would require a label certifying that the vehicle complies with all applicable safety standards if the chassis was new and had not yet been purchased for purposes other than resale. If the chassis was one which had already been purchased for purposes other than resale, there would be no obligation to recertify the compliance of the vehicle.

ID: 16528.drn

The Honorable Phil English
U.S. House of Representatives
310 French Street, Suite 107
Erie, PA 16507

Dear Congressman English:

Thank you for your letter on behalf of your constituent, Mr. Gary New of New Car Rental in Erie, who asks about this agency's school bus regulations. Your letter has been referred to my office for reply.

Mr. New wishes to know whether he can rent 15-passenger vans to schools to transport students to sports events. As explained below, Federal law permits the lease of a van on a one-time or very occasional basis. However, because States have the authority to regulate the use of vehicles, Mr. New should contact Pennsylvania officials to see if State law would permit the lease of the vans.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "school bus" as any vehicle that is designed for carrying 11 or more persons and which is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. Therefore, a 15-passenger van that is likely to be used significantly to transport students is a "school bus."

If the new van is sold or leased to transport pupils (e.g., leased on a regular or long-term basis to a school), the vehicle must meet NHTSA's school bus standards. Conventional 15-passenger vans cannot be certified as doing so, and thus cannot be sold or leased, as new vehicles, to carry students on a regular basis.

However, a one-time or very occasional rental would be permitted. Because such use would not constitute "significant use" as a school vehicle, the van would not be a "school bus" and thus may be leased to the school for the special event.

The requirement to sell or lease complying school buses applies only to new vehicles. If a school wishes to buy a used 15-passenger van or enter into a long-term lease, NHTSA would not require the seller or lessor to sell or lease a school bus. However, NHTSA believes that school buses are one of the safest forms of transportation in this country, and therefore strongly recommends that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. Further, using 15-passenger vans that do not meet the school bus standards to transport students could result in increased liability in the event of a crash. Since such liability would be determined by State law, Mr. New may wish to consult with his attorney and insurance carrier for advice on this issue.

I hope this information will assist you in responding to your constituent's concerns. I have enclosed a question-and-answer sheet on "Dealer's Questions about Federal School Bus Safety Requirements." If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:VSA#571.3
d.12/18/97

ID: nht88-2.84

TYPE: INTERPRETATION-NHTSA

DATE: 08/01/88

FROM: C. E. SHUE -- MARYLAND STATE POLICE

TO: JOSEPH CIAMPA

TITLE: 0590630

ATTACHMT: ATTACHED TO LETTER DATED 10/27/88 FROM ERIKA Z JONES TO BEVERLY B BYRON; REDBOOK A32, STANDARD 205; LETTER DATED 09/12/88 FROM NANCY F MILLER TO BEVERLY B BYRON; LETTER DATED 08/25/88 FROM BEVERLY B BYRON T. NANCY MILLER; LETTER DATED 08/24/88 FROM JOSEPH L. CIAMPA TO BEVERLY B. BYRON

TEXT: Dear Mr. Ciampa:

We have received your Safety Equipment Repair Order and it is not acceptable. There is no provision in Maryland Law for an exception of vehicle window tinting.

We were advised by William Barnes of Smiths Service Center, Inspection Station#4712A, 1830 Liberty Road, Eldersburg, Maryland 21784, that he certified this repair order with the tinting still intact.

Enclosed is a duplicate repair order. You must remove the window tint and have this duplicated certified as soon as possible.

Any correspondence should be directed to Maryland State Police, A.S.E.D., 6601 Ritchie Highway, Glen Burnie, Maryland 21062 or call 768-1735 or 768-7388.

ID: nht91-5.37

DATE: September 6, 1991

FROM: Nikki G. Setzler --Setzler, Chewning & Scott, P.A.

TO: Ronald E. Ingle -- Chief, Safety Countermeasures Division, U.S. Department of Transportation, NHTSA

TITLE: NHTSA

ATTACHMT: Attached to letter dated 10-10-91 from Paul Jackson Rice to Nikki G. Setzler (A38; Part 571.3)

TEXT:

Our office represents a school district in South Carolina, which has two vans that it purchased used after 1977 and both vans are built to carry more than 11 passengers. These vans are used by the school district for various purposes, including the transportation of school children for school-related purposes, and/or activities. I have reviewed various documents and regulations with regards to the issue of whether or not the National Traffic and Motor Safety Vehicle Act of 1966 and/or the Highway Safety Act would preclude the district from using these two vans to transport school children when the vans were purchased used after 1977. I would appreciate it very much if you would advise me whether or not it is your interpretation that any provision of either Act or any regulation pursuant thereto would prevent the district from using these vans.

ID: nht90-1.96

TYPE: Interpretation-NHTSA

DATE: April 2, 1990

FROM: Joan E. Fogleman -- Lund & Pullara Inc.

TO: Taylor Vinson -- Legal Dept., NHTSA

TITLE: Temporary importation into the U.S. of non-complying vehicle for repairs.

ATTACHMT: Attached to letter dated April 26, 1990 To Joan E. Fogelman and From Stephen P. Wood; (A35; Part 591)

TEXT:

Thank you for your time today concerning our phone conversation pertaining to the 1985 non-complying Mercedes 280S vehicle which has arrived at the Port of Palm Beach from Freeport, Bahamas.

As you explained to me today, this vehiele, being imported solely for repair and return to the Bahamas, does not require the posting of a DOT bond for 150 percent of the value.

We will make formal entry with U. S. Customs, and post a Customs bond to cover the liability.

U.S. Customs wants a reassurance that they will not be held accountable if for some unforseen happening, this vehicle is not properly exported.

Your further advice in this matter would be greatly appreciated. Thank you.

&s vehiele, being imported sole

ID: nht89-2.82

TYPE: INTERPRETATION-NHTSA

DATE: 08/25/89

FROM: CONSTANCE A. MORELLA -- CONGRESS

TO: NORMAN Y. MINETA -- CHAIRMAN SUBC./SURFACE TRANSPORTATION U.S. HOUSE OF REPRESENTATIVES

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 11/29/89 ESTIMATED FROM JEFFREY R. MILLER -- NHTSA TO JOHN D. DINGELL -- HOUSE; REDBOOK A34; STANDARD 205; LETTER DATED 09/22/89 FROM JOHN D. DINGELL -- HOUSE TO JEFFREY R. MILLER; LETTER DATED 07/31/89 FROM W. MARSHALL RICKERT -- MVA TO CONSTANCE A. MORELLA; LETTER DATED 07/08/88 FROM ERIKA Z. JONES -- NHTSA TO NORMAN D. SHUNWAY -- CONGRESS; STANDARD 205; LETTER DATED 11/01/88 FROM ERIKA Z. JONES -- NHTSA TO BEVERLY B. BYRON -- HOUSE; STANDARD 205

TEXT: Dear Norm:

I am forwarding a letter from the Administrator of Maryland's Motor Vehicle Administration who is requesting amending federal law to allow tinted windows on an automobile for medical reasons. Also, enclosed is the section of a letter from a constitue nt, Leonard Baklay, of Gaithersburg, who has a similar request.

I urge you to consider these comments with a view to possible legislation. It seems that something can be done to help a person with a medical problem.

Thank you for your attention to this matter. I look forward to hearing from you.

Sincerely,