ID: nht70-2.16

DATE: 07/15/70

FROM: AUTHOR UNAVAILABLE; L. R. Schneider; NHTSA

TO: Transelex Corporation

TITLE: FMVSS INTERPRETATION

TEXT: In your letter of July 1 you refer to your superflash 1000 as "device which simply extends the power-handling capability of a conventional thermal flasher which must be used in conjunction with it (to provide its timing) in order to operate". You ask whether this device "could be used in OEM vehicles without meeting any SAE or DOT requirements."

This will confirm that Federal Motor Vehicle Safety Standard No. 108 (Lamps, Reflective Devices, and Associated Equipment) does not specify requirements for an auxiliary device such as the superflash 1000, and that it can "be used in OEM vehicles without meeting any SAE or DOT requirements, provided that the thermal flasher used with it" meets standard No. 108. The Superflash 1000, however, would be subject to regulation by the States.

ID: nht70-2.17

DATE: 07/21/70

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Mr. James Deifster

TITLE: FMVSS INTERPRETATION

TEXT: Your request for information on requirements for camper manufacturers has been referred to this office for reply. The information we have received states that you are a manufacturer of campers, selling them to dealers, and also installing them on trucks.

The National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. @(Illegible Word) et seq., (copy enclosed) requires manufacturers of motor vehicles and motor vehicle equipment to manufacture their products so that they comply, and to "certify" that they comply, with applicable Federal motor vehicle safety standards. Camper bodies for both slide-in and chassis-mount camper installation are items of motor vehicle equipment and must comply with Federal Motor Vehicle Safety Standard No. 205, will be certified by their manufacturer that they comply with the standard. I enclose a copy of the standard and the regulations governing certification for your information, Standard No. 205 incorporates by reference the USA Standard(Illegible Words) "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways." This USAS standard can be obtained for a small fee from the USA Standards Institute, 10 East 40th Street, New York, N.Y. 10016.

If you install slide-in camper bodies on pick-up trucks only, you are not subject to additional requirements. However, if you install chassis-mount camper bodies onto truck chassis, you are in addition to being a manufacturer of motor vehicle equipment, a manufacturer of motor vehicles, specifically, multipurpose passenger vehicles, and are required to comply with regulations and standards applicable to manufacturers of multipurpose passenger vehicles. Copies of these requirements, which have been promulgated pursuant to the National Traffic and Motor Vehicle Safety Act of 1966 and codified in Chapter 5 (formerly Chapter 3) of Title 49, Code of Federal Regulations, are available from the Government Printing Office, Washington, D. C. 20402, under the title Federal Motor Vehicle Safety Standards. The price is $ 8.00, which includes a subscription for one year to receive copies of amendments.

Because of the relative length and complexity of these requirements, it is difficult to summarize them for you here. Many trade associations have familiarized themselves with them in order to assist their membership in complying with them. If after studying the materials you have specific questions concerning their application to you, we will be pleased to answer them.

I have also enclosed a mailing list questionnaire. If you will complete and return it to the address indicated thereon, you will receive future notices pertaining to those areas you have marked.

ENCLOSURES

ID: nht70-2.18

DATE: 08/11/70

FROM: AUTHOR UNAVAILABLE; Rodolfo A. Diaz; NHTSA

TO: University of Michigan Law School

TITLE: FMVSR INTERPRETATION

TEXT: Your letter of June 22, 1970, concerning the Cyromatic Safety Control, together with a copy of the July 1, 1970, reply sent by Mr.(Illegible Word) Weinberger, Chairman of the Federal Trade Commission, has been referred to my office for reply.

The National Highway Safety Bureau does not have the facilities for testing or investigating specific devices or designs. However, the(Illegible Word) on Winter(Illegible Words) of the National Safety Council has completed an(Illegible Words) of the type mentioned in your letter. I am enclosing for your information a copy of the National Safety Council report on this evaluation.

In brief, the conclusion of the Committee were that there were no significant differences in the performance of the test vehicles whether the device was stated and operable, rendered inoperable, or removed from the vehicles. The only test results considered significant involved a high(Illegible Words) on dry pavement where the device increased(Illegible Words) of the test vehicles by a substantial amount, thus effecting their handling performance adversely.

It is felt that sufficient date is available in the National Safety Council Committee on(Illegible Words) evaluation to warrant investigation on the(Illegible Words) on the Federal Trade Commission, concerning possible misleading advertising on the part of manufacturers of this type of device. Consequently, we have contacted, Mr. Weinberger directly concerning the(Illegible Words).

ID: nht70-2.19

DATE: 05/26/70

FROM: AUTHOR UNAVAILABLE; Rodolfo A. Diaz; NHTSA

TO: Oliver and Sons Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 25, 1970, to the National Highway Safety Bureau, that has been referred to this office, in which you enclose certification labels you are(Illegible Word) using to fulfill the requirement of Section 118 of the National Traffic and Motor Vehicle Safety Act of 1966. Your letter did not reach me until now, and I apologize for delay in responding.

You really did not comply enough information for us to properly evaluate your situation. You state that you are a distributor of truck bodies, but you as not say whether you install the bodies yourself.

If you do, in fact assemble a truck body to a chassis-cab, you are considered to be a manufacturer under the Act. As the statutory manufacturer of the vehicle, you are required to certify that the completed assemblage meets all the standards in effect on the date of manufacture of the chassis-cab.

The primary responsibility for conformity of the chassis-cab, however, falls on the manufacturer of it (generally a major automotive manufacturer and under the regulations, that manufacturer is required to affix a label to the chassis-cab listing the standards to which it conforms. Under Section 108(b)(2) of the Act, such a certification protects subsequent persons in the chain of distribution from liability for nonconformity of which they have no knowledge. Thus, they body assembler to directly responsible for comformity of the finished vehicle with (1) any applicable standards to which the chassis-cab manufacturer was not certified, and (2) any other standards conformity to which is affected by what the(Illegible Word) door to the vehicle, his certification must be for all standards, in the language specified in the certification regulations;(Illegible Word) he can rely on the chassis-cab manufacturer's label for the standard it covers, as(Illegible Word) as he does not know of any nonconformity.

The(Illegible Word) being used on your labels does not fulfill the requirements of the certification regulations that becomes effective as to(Illegible Word)(Illegible Word) after August 11, 1969 (49 C.F.R. 367).

A truck body is not a motor vehicle within the meaning of the Act and the regulations, and therefore is not covered by the present certification regulations. Although it is motor vehicle equipment such equipment is only required by the Act to be certified where there is a safety standard applicable to it or to equipment, such as glazing, that is part of it. When the body is assembled to the chassis, the completed vehicle must be certified in accordance with the certification regulations, as explained above.

It is not clear what you mean by the phrase "modification label." You may be referring to Section 367.6 of the certification regulations, which is intended for the use of distributors who alter a previously certified vehicle that has been completed by another manufacturer. In any event, the nonenclosure does not meet the requirements of the section.

We are enclosing the following publications:

The National Traffic and Motor Vehicle Safety Act of 1966.

The Certification Regulations (49 C.F.R. Part 367).

A sample certification label.

A publication having to do with the availability of the latest edition of Federal Motor Vehicle Safety Standards and Regulations.

Mailing List Questionnaire.

A new proposal having to do with vehicles manufactured in two or more stages (35 F.R. 4639 through 4641).

Please cobalt a copy of your label that has been revised to fulfill the requirements.

We trust this will clarify the situation for you. We will be pleased to answer any additional questions that you might have.

ENCLOSURES

ID: nht70-2.2

DATE: 04/09/70

FROM: AUTHOR UNAVAILABLE; R. A. Diaz; NHTSA

TO: Toyo Kogyo Company, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 2, 1979, to Mr. Clue D. Ferguson, concerning an interpretation of Federal Motor Vehicle Safety Standard No. 111.

In your letter you indicated that the mirror, as mounted in the vehicle, cannot be hit at a 45 degrees angle by a 6.5 inch head form because of the geometric arrangement in your automobile. In this case we would accept the maximum(Illegible Words) Form. We must point out, however, that the test also includes any other angle from the one you describe down to a 45 degrees angle under this horizontal(Illegible Word) S3.1.2.3 of standard No. 111).

Please note that this interpretation is intended to provide(Illegible Line)(Illegible Line)(Illegible Words) a given item of equipment meets applicable Federal motor vehicle safety standards and he must certify to that effect.

ID: nht68-1.42

DATE: 05/28/68

FROM: AUTHOR UNAVAILABLE; J. R. O'Gorman; NHTSA

TO: Minnesota Automotive, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of April 1, 1968, to the Motor Vehicle Safety Performance Service, concerning compliance with the Federal Motor Vehicle Safety Standard No. 105.

Basically, when a car dealer modifies a conforming vehicle, he then assumes responsibility for the vehicle's compliance to all applicable standards if that vehicle is distributed to a purchaser for purposes other than resale. Specifically, if a car dealer installs the Model 7900 Driver Training Brake on a conforming vehicle that he sells, than compliance to the Federal Motor Vehicle Safety Standard No. 105, as well as other applicable standards, is required. In the case where the dealer owns and loans the vehicle with the installed Model 7900, we would hope that he would again comply.

The enclosed literature may be of additional assistance to you in response to your inquiry.

ID: nht68-1.43

DATE: 06/21/68

FROM: ROBERT M. O'MAHONEY -- NHTSA; CONCURRENCE BY GEORGE C. NIELD

TO: Recreational Vehicle Institute, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: Mr. Bridwell has asked that I reply to your letter of June 4, 1968.

In your letter you refer to (1) an earlier letter dated November 8, 1967, requesting confirmation of your understanding of the application of the motor vehicle safety standards to recreational vehicles; and (2) a Petition for Reconsideration of the Chassis-cab regulation filed March 19, 1968.

With regard to your letter of November 8, as you know from conversations with members of the staff of the Motor Vehicle Safety Performance Service and the Chief Counsel's Office this letter was misplaced. By letter of May 8, you were good enough to send a copy of the letter of November 8, noting that of the eleven questions asked two have not been clarified by some action taken by the Federal Highway Administration. The unanswered questions are quoted and answered below:

Question --- 3. "The inside mirror need not have the field of view prescribed by Paragraph S3.1.1 of Standard No. 111 (even to the point of providing no view of the road behind a truck camper if the camper mounted on the truck obstructs the driver's vision) provided an outside mirror is installed on the passenger's side of the truck cab, as required by Paragraph S3.2.2."

Answer -- You are correct in your understanding of Standard No. 111. Subparagraph S3.2.2 of Standard No. 111 specifies that if the inside mirror required by S3.1 does not meet the field of view requirements of S3.1.1, an outside mirror of substantially unit magnification shall be installed on the passenger's side.

Question --- 10. "Everything said above concerning truck campers applies equally to truck caps, which are enclosures (roof, sidewalls and ends but no floor and usually no built in equipment) mounted on a pick-up truck.'

Answer --- Truck caps which you describe are considered to be in the same category as slide-in campers and are items of motor vehicle equipment for use in motor vehicles. As such truck caps must meet the requirements of Federal Motor Vehicle Safety Standard No. 205, Glazing Materials - Passenger Cars, Multipurpose Passenger Vehicles, Trucks, Buses, and Motorcycles.

With regard to your Petition for Reconsideration filed March 19, 1968, you note in a letter of May 13, 1968 that three matters raised in the Petition are still unanswered and further action is required. The problems you raise, as you know, are complex. The entire problem of the applicability of the standards to vehicles produced in the multi-stage is still under consideration.

ID: nht68-1.44

DATE: 06/03/68

FROM: AUTHOR UNAVAILABLE; Joseph R. O'Gorman; NHTSA

TO: Bert's Truck Equipment Incorporated

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of April 18, 1968, in which you provided certification information, and presented extra axle modification problems.

Enclosed is a copy of the Federal Motor Vehicle Safety Standards with chassis-cab information from the Federal Register.

Your certification of compliance concerns compliance of the vehicle at the time of your installation or modification. It does not extend to subsequent additions or modifications by others.

With respect to an old truck body mounted on a chassis-cab which is manufactured on or after January 1, 1968, you are required to bring the lighting into compliance. (See Federal Standard 108 applicable for January 1, 1965.

With regard to lighting requirements for trucks, the corner lights, or side marker and clearance lamp requirements are also provided in the foregoing, enclosed standard.

Your letter is being referred to the engineers responsible for standards preparation, and the information is appreciated.

ID: nht68-1.45

DATE: 01/18/68

FROM: AUTHOR UNAVAILABLE; Joseph R. O'Gorman; NHTSA

TO: Ander-BTT Incorporated

TITLE: FMVSR INTERPRETATION

TEXT: We are in receipt of your letter dated November 30, 1967, forwarded to us through the Michigan Department of State Police.

This letter is in answer to your inquiry as to whether your mobile home or trailer house is required to comply with the Federal Motor Vehicle Safety Standards. From the brief description of your product we would state that your vehicle would fall into the category of the multi-purpose passenger vehicle.

Enclosed is a copy of the Initial Federal Motor Vehicle Safety Standards. Your attention is directed to Subpart B. This section indicates those safety standards which multi-purpose passenger vehicles are required to comply with.

Also enclosed is a notice published in the Federal Register dated November 4, 1967, stating the Certification Requirement effective January 1, 1968.

If we can provide additional information, please feel free to contact this office.

ID: nht68-1.46

DATE: 01/29/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Messrs. Gilbert; Segall and Young

TITLE: FMVSR INTERPRETATION

TEXT: In answer to your letter of December 15 I am enclosing a copy of the regulations published January 10 governing the importation of motor vehicles subject to the Federal motor vehicle safety standards.

You have advised us that Rolls-Royce prefers to affix the certification required by section 114 of P.L. 89-563 during manufacture of its passenger cars, and to install seat belts after importation of such cars into the United States. The regulations (19 C.F.R. 12.80(b)(iv) will allow Rolls-Royce to do so providing the informational label it prescribes is affixed to the windshield of these cars during shipment.

I hope this is satisfactory to your client.