ID: nht94-7.34

DATE: March 21, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: James E. Schlesinger -- Esq., Schlesinger, Arkwright & Garvey

TITLE: None

ATTACHMT: Attached to letter dated 12/2/93 from James E. Schlesinger to Walter K. Myers (OCC-9388), letter dated 12/23/92 from James E. Schlesinger to Walter K. Myers, and letter dated 2/23/93 from John Womack to James E. Schlesinger

TEXT:

This responds to your letter addressed to Walter Myers of this office in which you posed certain questions relating to the Uniform Tire Quality Grading Standards (UTQGS), 49 CFR 575.104. Reference is also made to our letter to you dated February 23, 1993, in which we addressed certain other of your questions concerning the UTQGS.

In your most recent letter, you set forth a very complicated factual scenario about certain events which occurred during 1990-91, and which involved three companies. At the end of the letter you asked, with respect to each company, whether the company was in violation of one or more provisions of 49 CFR Part 575. You also asked whether, in addition to the penalties for violation of the UTQGS as set forth in S109 of the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. S1381, et seq. (Act or Safety Act), there are "additional sanctiortion on the decklid. Our review of the two designs shows that they are essentially similar, and that the Mazda design comprises, in fact, two adjacent lamps. As it was not our intent to change the earlier interpretation, we confirm that the June 1985 interpretation remains valid, and that the December 1991 letter is overruled to the extent that it is inconsistent with it.

ID: nht94-7.35

DATE: April 10, 1992

FROM: Larry Nunn -- President, Automotive Lighting Technologies, Inc. (ALTECH)

TO: Office of Chief Council, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 5/22/92 from Paul Jackson Rice to Larry Nunn (A39; Std. 108; Std. 218; VSA 108 (a)(2)(A); VSA 102(4))

TEXT:

LeGrand Systems Inc. of Grand Rapids, Michigan has contracted Automotive Lighting Technologies Inc. of Southfield, Michigan, to design and develop a helmet lighting system for use by motorcyclists, snowmobilers, moped operators, and other recreational vehicles. LeGrand applied for patent on the lighting system on February 13, 1990.

LeLite, the products assumed name, is intended to improve safety in the industry by increasing rider visibility. Many motorcycle accidents result from poor visibility or failure of other motorists to see motorcyclists in time to react.

The idea is consistent with reasoning for the Center High Mounted Stop Lamp introduced in 1986 to decrease rear end collisions. However, LeLite includes a wrap around rear stop/running lamp with two amber turn signals. (Enclosure)

The electrical system of the unit is accomplished via a three (3) wire cord which snaps into the base of the unit and connects to a simple harness unit mounted at a location of the operator's choosing on the handlebars, fairing, or rear portion of the motorcycle. This supply harness attaches directly into the associated brake/running lamp wires feeding from the battery terminal. Since it is wired directly in the motorcycle's existing wiring harness, the LeLite works in perfect harmony with the brake/running lamps on the vehicle.

Automotive Lighting Technologies is dedicated to excellence in vehicle lighting design and development and to any role it can play in the improvement of vehicle safety. We believe this product has merit and could prove effective in reducing accidents.

ALTech realize that there are no SAE or FMVSS requirements for this lighting system. However, it is our opinion that this system will not interfere with the function of any other lighting component on the vehicle but rather augment their purpose.

Due to size, weight, and heat limitations of mounting such a system on a helmet, it is not practical that the system can be design to meet vehicle standards. Therefore, ALTech will take every precaution insure the integrity of the product. During product development, we will keep you informed of test results on vibration, moisture, dust, heat, corrosion, photometry and any other area determined to be prudent.

ALTech is asking for your comments on any legalities which we should consider and your support in bringing this product to market in a manner that does not conflict any state or federal requirements. But more important, we ask for any comments or ideas that wiless of responding to a Department of the Army draft specification for an armored security vehicle. AV Technology proposes to offer its Dragoon ASV, an armored security vehicle, with a weapon carrying capability. Your letter states that the Dragoon ASV would be built to U.S. Army specification MIL-STD-1180. In a telephone conversation with Dorothy Nakama of my staff, you stated that the Dragoon ASV would also be built to other applicable military specifications.

The FMVSSs' applicability to vehicles manufactured for and sold to the U.S. military, is addressed at 49 CFR 571.7(c):

(c) Military vehicles. No standard applies to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications.

You stated the Dragoon ASV would be manufactured to all applicable military specifications, specified by the Army. The Army is part of the "Armed Forces." Thus, when manufactured to Army contractual specifications, and sold to the Army, the Dragoon ASV is not subject to the FMVSSs.

If you have any questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

ID: nht94-7.36

DATE: March 17, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Steven R. Taylor -- S.R. Taylor Toys (Porterville, CA)

TITLE: None

ATTACHMT: Attached to fax dated 11/10/93 from Steven R. Taylor to NHTSA

TEXT:

This responds to your FAX to Mary Versailles of this office asking whether your Original Designer Seatbelt Strap (ODSS) would be affected by any Federal Motor Vehicle Safety Standards (FMVSS) issued by this agency. Also referenced are your telephone conversations with Mary Versailles and Walter Myers. I apologize for the delay in this response.

You described the ODSS as a strip of "D.O.T. standard nylon seat belt webbing" with double-sided adhesive tape on the under side and silk-screened designs on the front side. The tape has a backing that peels off, exposing the adhesive, and the ODSS is then applied to the existing seat belt. The ODSS comes in both child and adult models. The child's model, which is intended to be applied to the belt portion of a child restraint system, is 15 inches long and 1 1/2 inches wide with cartoon characters silk-screened on its face to entertain the child. The adult model, which is intended to be applied to a vehicle safety belt, is 30 inches long and 2 inches wide with silk-screened designs on its face to serve as a reminder to buckle up. The promotional material you sent with your inquiry indicated that the ODSS is an aftermarket product that "serves only as an entertainment piece and not as a safety device."

I am pleased to have this opportunity to explain our regulations. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."

By way of background information, the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. S1381, et seq. (Safety Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSS) for new motor vehicles and new items of motor vehicle equipment. The Safety Act establishes a self-certification system in which manufacturers are responsible for ensuring that their products comply with all applicable FMVSSs. Neither the Department of Transportation (DOT) nor NHTSA approves, endorses, certifies, or gives assurances of compliance of any product.

I note that you do not explain what you mean by the term "D.O.T. standard nylon seat belt webbing." This agency does not use that term. We assume you mean that the webbing is the same as that used by vehicle manufacturers for the safety belts used to comply with the Federal motor vehicle safety standards. However, since the meaning of the term is unclear and might be misunderstood as an approval by DOT of the webbing, we ask that you refrain from using the term in your promotional materials.

Section 102(4) of the Safety Act defines, in relevant part, the term "motor vehicle equipment" as:

(A)ny 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 the 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 used principally by ordinary users of motor vehicles. if the product satisfies both criteria, then the product is considered to be an "accessory" and thus is subject to the provisions of the Safety Act.

Applying these criteria to the ODSS, this product would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of the product, the entire portion of the expected use of the ODSS relates to motor vehicle operation. Also, the product would typically be used by ordinary users of motor vehicle.

While the ODSS is an item of motor vehicle equipment, NHTSA has not issued any standards for such a device. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the product's manufacturer are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that a 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.

We urge you to evaluate carefully whether your product would in any way degrade the performance of vehicle safety belts or child restraint systems. For example, you should ensure that your product does not interfere with safety belt retraction, that the adhesive on the back of the ODSS does not cause deterioration of the safety belt webbing, and that the ODSS does not obscure the information required by FMVSS No. 209, Seat Belt Assemblies, to be labeled on the webbing. I also note that safety belt webbing is designed to have some "give" to help absorb crash forces. If the ODSS was to make the webbing too stiff, it could raise safety concerns. Finally, you should be aware that originally-installed safety belts must meet the requirements of FMVSS 302, Flammability of Interior Materials. Again, we encourage you to evaluate your product against the requirements of this standard to ascertain whether the ODSS would degrade the flammability performance of seat belts.

A commercial business that installs the ODSS system would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles/motor vehicle equipment. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) 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 or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard.

This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your device if the ODSS renders inoperative the vehicle's or child restraint system's compliance with the FMVSS's. The render inoperative prohibition does not apply to modifications that owners make to their own vehicles or motor vehicle equipment. However, NHTSA encourages owners not to degrade any safety device or system installed in their vehicle or equipment. In addition, individual states have the authority to regulate modifications that individual vehicle owners may make to their vehicles or equipment, so you might wish to consult state regulations to see whether your device would be permitted.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Walter Myers of my staff at this address or by telephone at (202) 366-2992.

ID: nht94-7.37

DATE: March 17, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Carl Haywood -- Operations Manager, Emergency Response Specialists (Morris, Alabama)

TITLE: None

ATTACHMT: Attached to letter dated 12/21/93 from Carl Haywood to John Womack

TEXT:

This responds to your letter of December 21, 1993, requesting information about seating requirements for emergency response units you are designing to respond to chemical spills. The response units are tractor trailer combinations which can be driven in and out of the cargo bay of C-130 Hercules aircraft which are used to transport the units to the site. You further describe the response units as follows:

Our response units are designed to transport all six (6) of our response team members, for over the highway transportation three (3) of our team members will ride in the tractor and the remaining three (3) will ride in the trailer. During air transportation all six (6) team members will ride in the trailer. By providing seating with lap and shoulder restraints in the response unit for both ground and air transportation we eliminate the need for special crew cabins for air transportation, and extra vehicles for ground transportation.

This conserves the limited space available on the C-130 allowing us to carry all the equipment needed to respond effectively to large scale chemical releases.

You requested information on the regulation of the seating in the response units. You have already contacted several Department of Transportation agencies, including the Federal Aviation Administration.

I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. The Safety Act defines the term "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.

If a vehicle is a "motor vehicle" under the definition, then the vehicle must comply with all applicable safety standards, including those related to seating and occupant restraint. 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.

Applying this definition to the response units, NHTSA believes the response units are motor vehicles within the meaning of the Safety Act. In determining whether a vehicle which has both on-road and off-road uses is a motor vehicle, the agency looks at whether the vehicle uses public roads on a necessary and

recurring basis. Applying this criteria to the response units, we believe that the response units have a primary function of highway transportation of personnel and equipment to the chemical spill site.

NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to determine the occupant seating requirements for the response units, it is necessary to determine how these vehicles are classified under our regulations. NHTSA he fines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment." The tractor portion of the response unit has seating capacity for at least three passengers, but its primary use appears to be to draw the trailer. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations.

NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." NHTSA believes the trailer portion of the response units would be considered trailers for the purpose of Federal regulations.

NHTSA has exercised its authority under the Safety Act to issue four safety standards relevant to occupant seating and restraint: 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 all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facing seats. Therefore, all "occupant seats" in tractor portion of the response units must meet the requirements of Standard No. 207. Standard No. 207 does not apply to trailers, therefore, the seats in the trailer portion of the response units are not subject to the requirements of Standard No. 207.

Standard No. 208 specifies occupant protection requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds. As explained below, trucks are required to have, at a minimum, a lap belt at every designated seating position. As with Standard No. 207, Standard No. 208 does not apply to trailers. Therefore, the seats in the trailer portion of the response units are not required to have any type of safety belt at any seating position.

The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Vehicle manufacturers have a choice of two options for providing occupant crash protection in trucks manufactured on or after September 1, 1990. Option 1 requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seateral Motor Vehicle Safety Standard No. 108 or a matter concerning the preemption of State statutes by Standard No. 108.

Under the statutes and regulations we administer, the applicable law is 15 U.S.C. Section 1397 (a)(2)(A) . This Section states in pertinent part:

"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 or motor d applies to all seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Thus, if seat belts are voluntarily installed at the seats in the trailer portion of the response units, the seat belts would be required to comply with Standard No. 209.

Standard No. 210 establishes strength and location requirements for seat belt anchorages installed in vehicles, where seat belts are required by Standard No. 208. Therefore, anchorages are required for the lap belts in the tractor, but are not required in the trailer.

Although all of the safety standards cited in this letter do not apply to each seating position in your proposed emergency response unit, the agency nevertheless encourages additional consideration and application of those performance requirements that are appropriate to a safe design.

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: nht94-7.38

DATE: March 17, 1994

FROM: Eric T. Stewart -- Engineering Manager, Mid Bus

TO: Office of Chief Counsel, NHTSA

TITLE: Reference: Amendment to FMVSS 571.217 published in the Federal Register November 11, 1992 (Docket 88-21 notice No. 3)

ATTACHMT: Attached to letter dated 4/1/94 from John Womack to Eric T. Stewart (A42; Std. 217); Also attached to letter dated 7/7/93 from John Womack to Thomas D. Turner

TEXT:

The background to this amendment indicates that the "final rule requires a minimum of 1 inch wide retro-reflective tape ...." (page 49421). The actual amendment reads that the retro-reflective tape is to be "a minimum 3 centimeters wide". (page 49425) (CFR571.217 S 5.53(c)). These two dimensions are not the same since 1.00 inch is equal to 2.54 centimeters.

I believe that the intent of this rule making was to make the retro-reflective tape 1.00 inch wide and an error has taken place in converting the dimension to metric units. I am requesting written clarification indicating how wide NHTSA wants the retro-reflective tape around the outside perimeter of a school bus emergency door.

If you have any questions, please call me at (419) 221-2525.

ID: nht94-7.39

DATE: March 16, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: John M. Tolliday -- President, Dayman USA Inc. (Bedford, VA)

TITLE: None

ATTACHMT: Attached to letter dated 8/7/89 from Stephen P. Wood to Clifford Anglewicz (Sec 102); Also attached to letter dated 9/2/93 from John M. Tolliday to John Womack (OCC 9063)

TEXT:

We have received your letter of September 2, 1993, with respect to your wish to import "British Army Ferret Armored Cars." The armaments have been removed. You would be selling these vehicles "on the basis they would only be used for off road purposes." You ask whether the vehicles would be exempt from the Federal motor vehicle safety standards. You have enclosed two photos of the machine.

By way of background, I would like to discuss how military vehicles manufactured in the United States are treated under the National Traffic and Motor Vehicle Safety Act, the authority for the Federal motor vehicle safety standards (FMVSS). The first question to be answered is whether any particular vehicle is a "motor vehicle" as defined by the Safety Act, that is to say, whether it is a vehicle that has been manufactured primarily for use on the public roads. If we conclude that a vehicle is manufactured primarily for on road use, it is a "motor vehicle," notwithstanding the fact that it may be sold "on the basis they would only be used for off road purposes." We see no way in which a seller can bind a purchaser to such use, and, certainly, such a restriction would not be binding on subsequent owners of the vehicle. As for individual vehicle types, to state the obvious, a tracked motor vehicle such as a tank intended for cross-country off-road terrains is not a "motor vehicle." If a vehicle, such as a military bus, has been manufactured primarily for on- road use, it is a "motor vehicle." However, NHTSA excuses vehicles from compliance with the FMVSS if they have been manufactured in accordance with contractual specifications of the armed forces of the United States (49 CFR 571.7(a)). Furthermore, because the Safety Act does not regulate sales of vehicles to owners subsequent to the original one, the U.S. armed forces may sell military vehicles to the public at the end of their useful military life without having to bring them into conformity with the FMVSS (however, because of safety policy considerations they have not done so with respect to M-151 jeeps and HMMV vehicles).

The importation of used military vehicles manufactured abroad is governed differently. Under the Safety Act, any "motor vehicle," whether new or used, that is imported into the United States must be brought into conformity with all FMVSS that applied at the time of its manufacture. The question that must be answered is whether a Ferret, at the time of importation, would be considered a "motor vehicle." In an interpretation concerning an "armored security vehicle" then being used by the U.S. armed forces, we informed the manufacturer, Verne Corporation on August 7, 1989, that the vehicle would have to conform to the FMVSS if sold for civilian use. I enclose a copy of that interpretation. We believe that this interpretation applies to the Ferret as well, and, therefore, the vehicle is not exempt from the FMVSS. Because of the

overall configuration of the Ferret with its high approach and departure angles and its suitability for use on rough terrain, the FMVSS that would apply are those that must be met by a "multipurpose passenger vehicle."

Assuming you are still interested in importing the Ferret's for resale, the Imported Vehicle Safety Compliance Act requires that the agency determine that the vehicles are capable of conversion to meet the FMVSS, and that the Ferrets be imported by a "registered importer." The agency makes determinations upon the basis of a petition by the manufacturer or registered importer (or upon its own volition). A "registered importer" is one whom NHTSA has recognized as capable of converting vehicles to meet the FMVSS. If you would like further details on eligibility determinations and import procedures, please let us know and we shall be pleased to provide them.

ID: nht94-7.4

DATE: April 5, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Mark Archer -- Orbital Engine Company Pty. Ltd. (Australia)

TITLE: None

ATTACHMT: Attached to fax dated 10/5/93 from Mark Archer to NHTSA (OCC 9183)

TEXT:

This responds to your letter in which you asked if the National Highway Traffic Safety Administration (NHTSA) has any regulations affecting a vehicle that has an automatic engine shut-off device that operates when the vehicle remains idle for extended periods. I regret the delay in responding.

By way of background information, NHTSA administers Federal requirements for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment. The National Traffic and Motor Vehicle Safety Act ("Safety Act," copy enclosed) establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards (FMVSS's). This process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. NHTSA tests vehicles and equipment sold to consumers for compliance with the FMVSS's and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. A manufacturer of a noncomplying product is also subject to a civil penalty of up to $1,000 for each noncomplying item it produces. I have enclosed an information sheet that highlights these responsibilities.

We cannot tell from your letter whether you seek to produce a vehicle that has a shut-off device installed as original equipment ("O.E."), i.e., prior to a first sale to a consumer, or produce the device as an "aftermarket" item of equipment, sold for installation in used vehicles. We will discuss both situations in this letter.

A shut-off device may not be installed on a new vehicle if the device causes the vehicle not to comply with all applicable FMVSS's. Standard No. 102, "Transmission shift lever sequence, starter interlock, and transmission braking effect," states that "the engine starter shall be inoperative when the transmission shift lever is in a forward or reverse drive position." (S3.1.3). NHTSA does not know of any shut-off device that would enable a vehicle to meet S3.1.3 of Standard 102. In 1984, NHTSA terminated rulemaking on an action that would have amended S3.1.3 to permit a shut-off device that restarted the vehicle's engine when the accelerator is depressed. A copy of the termination notice is enclosed. The agency terminated rulemaking citing a number of safety concerns with the particular features of the shut-off device that was the subject of the rulemaking. NHTSA stated in the notice that, if in the future a more effective and safe fuel saving device is developed, NHTSA would again consider amending Standard 102. However, given that S3.1.3 of Standard 102 was not amended, that section precludes the O.E. installation on a shut-off device such as the one described in the termination notice.

With respect to the aftermarket installation of a shut-off device, there is currently no FMVSS that directly applies to the product. Standard 102 applies only to new motor vehicles and not to aftermarket components of a vehicle's transmission, such as a shut-off device.

However, there are other Federal requirements that indirectly affect the manufacture and sale of a shut-off device. Under the Safety Act, the product is considered to be an item of motor vehicle equipment. As explained above, each manufacturer of motor vehicle equipment is subject to the requirements in SS151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. 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.

Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to S108(a)(2)(A) of the Safety Act, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... 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 ...." This means that if a shut-off device were sold in the "aftermarket," no manufacturer, distributor, dealer, or motor vehicle repair business could install it if doing so would render inoperative any previously certified item of equipment in the vehicle. As explained above, each motor vehicle is certified as meeting Standard 102. A shut-off device that causes the vehicle to no longer comply with Standard 102 could not be installed by any person listed in section 108(a)(2)(A) without subjecting that person to civil penalties (section l09 of the Safety Act specifies a civil penalty of up to $1,000 for each violation of S108).

The "render inoperative" prohibition of S108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles. However, NHTSA urges all owners not to perform modifications that would degrade the safety of their vehicles, such as installing a fuel shut-off device that raises significant safety concerns.

I hope this responds to your concerns. If you have any further questions, please contact David Elias of my staff at this address or by telephone at (202) 366-2992.

ID: nht94-7.40

DATE: March 16, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Jerry L. Steffy -- Triumph Designs, Ltd. (England)

TITLE: None

ATTACHMT: Attached to faxes dated 2/11/94 and 2/10/94 from Jerry L. Steffy to Taylor Vinson (OCC 9661)

TEXT:

This responds to your FAXes of February 10 and 11, 1994, to Taylor Vinson of this Office.

You have informed us that in Canada you were able recently "to use ECE Reg. 20 in lieu of FMVSS 108 for a particular headlamp use." You have asked whether it is possible to do the same in the United States.

The answer depends upon whether the ECE Reg. 20 headlamp also meets FMVSS No. 108. Motor vehicles manufactured for sale in the United States must be equipped with headlamps that comply with FMVSS No. 108. This standard does not incorporate ECE Reg. 20. Therefore, importation and sale in the United States of any motor vehicle equipped with an ECE Reg. 20 headlamp that does not meet Standard No. 108 would be in violation of our law.

You have also asked whether our temporary exemption procedures, 49 CFR Part 555, would permit you to apply for an exemption for this headlamp on the grounds of "an equivalent overall level of motor vehicle safety." After one model year, you would change to a headlamp that meets FMVSS 108.

The exemption procedures are available to manufacturers of motor vehicles, but not motor vehicle equipment. Thus, the manufacturer of an ECE Reg. 20 headlamp could not apply for an exemption. The appropriate petitioner would be the manufacturer of a motor vehicle on which a Reg. 20 headlamp is installed as original equipment. We assume that Triumph Designs is associated with the manufacturer of Triumph motorcycles, and this manufacturer would be eligible to submit a petition under Part 555.

If you have any further questions, we shall be pleased to answer them.

ID: nht94-7.41

DATE: March 16, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Harold R. Burke, Esq. -- Duel and Holland (Greenwich, CT)

TITLE: Importation of Type M-151 Military Vehicle

ATTACHMT: Attached to letter dated 7/8/93 from Harold R. Burke to Office of the Chief Counsel, NHTSA (OCC 8867)

TEXT:

We have received your letter of July 8, 1993, asking several questions about the motor vehicle importation regulations as they apply to M-151 military vehicles. I apologize for the delay in our response. Your client wishes to import for resale in the U.S. approximately 8,000 such vehicles built in the U.S. between 1973075, and which, according to you, have never been used.

Before I answer your questions, you should know that it has been the policy of the Department of Defense (DOD) for at least two decades to section and scrap M-151s at the end of their useful military life rather than to sell them for civilian use or allow further use by other government agencies. This policy, which was developed with the participation and support of this agency, is based on the tendency of the M-151 to turn over during quick turning maneuvers or when driven by unskilled operators. DOD has followed this policy consistently, notwithstanding the economic benefits that would accrue to the government were the vehicles allowed to be sold to the public or to be operated by other Federal agencies, such as the U.S. Park Service, in non-military applications. The unvarying applicability of this policy highlights the safety concern of two Federal Departments for civilian use of the M-151, and we believe that your client should be aware of the potential liability that sale to the public would entail.

Your client should also be aware that, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.), (the Act), any person importing motor vehicles for resale is considered the "manufacturer" of these vehicles, and would have the same responsibility as the original manufacturer to notify owners and remedy safety related defects in the event they occurred in the M- 151. (15 U.S.C. 1391(5)). For example, the agency has the authority to determine that a tendency to overturn is a defect in performance, a safety related defect which would require the importer for resale to notify and remedy in accordance with statutory requirements (15 U.S.C. 1411 et seq.).

You have asked the following three questions:

"1. As U.S. origin vehicles which have been outside this country since 1975 are they now classified as 'foreign' vehicles which are subject to current D.O.T. and E.P.A. safety and emissions criteria?"

The National Highway Traffic Safety Administration does not classify motor vehicles as "domestic" and "foreign." Any motor vehicle, whether manufactured in the U.S. or elsewhere, must conform to all applicable Federal motor vehicle safety standards (FMVSS) in order to be sold in the U.S. The FMVSS that apply to a motor vehicle to be imported into the U.S. are those that were in effect at the time the vehicle was manufactured, not those in effect at the time of its importation. We are unable to advise you on the regulations of the

Environmental Protection Agency as it is an agency independent of the Department of Transportation.

In order to be imported into the U.S., a motor vehicle must conform with (or be brought into conformity with) any applicable FMVSS. Although the M-151 is a "motor vehicle" under the Act, from the beginning the agency on its own volition has excluded motor vehicles manufactured for and sold directly to the Armed Forces of the United States in conformity with contractual specifications from compliance with the FMVSS (49 CFR 571.7(a)), though retaining jurisdiction over them for safety defect notification and remedy campaigns. This means that the M-151 was not designed to comply with FMVSS at the time of its manufacture.

For importers of an M-151 other than the Armed Forces of the United States, the importer would be required, as a condition of importation, to bring the M-151 into compliance with the FMVSS that applied at the time of its manufacture. However, because of the restrictions imposed by the Imported Vehicle Safety Compliance Act of 1988 (PL 100-562), it is no longer simple to import nonconforming motor vehicles to which the FMVSS apply. Under this recent legislation, the agency must make a formal determination, either pursuant to a petition or on its own motion, that the vehicles are capable of conversion to meet the FMVSS. Following this, a vehicle may be imported by its owner, only if the owner has a contract with a "registered importer" (one whom the agency has recognized as a converter) to convert the vehicles, or if the importer itself is a registered importer. However, nonconforming vehicles which are imported for resale can only be imported by a registered importer. We would require any prospective civilian importer of an M-151 manufactured in 1973-75 to demonstrate that the vehicle is capable of conversion to comply with the FMVSS that applied to multipurpose passenger vehicles during that period. A bond equal to 150% of the value of the vehicle as determined by the U.S. Customs Service must also be posted during the conversion process.

"2. If they are not considered 'foreign' vehicles what, if any, D.O.T. regulations would apply to the registration of such vehicles for use on U.S. roads?"

"3. If they are considered 'foreign' vehicles . . . ."

There are no Federal registration requirements for vehicles sold to persons other than Federal agencies. State regulations apply. We are not conversant with State registration laws, and refer inquirers for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

ID: nht94-7.42

DATE: March 16, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Angela R. Caron (Meridian, MS)

TITLE: None

ATTACHMT: Attached to letter dated 9/17/93 from Angela R. Caron to Office of Chief Counsel, NHTSA (OCC 9119)

TEXT:

This responds to your letter asking about the safety of aftermarket belt positioning devices. The devices you ask about alter the positioning of vehicle lap and shoulder belts, for the advertised purposes of improving the fit of the belts on children and small adults.

Although NHTSA understands your view that safety belts should be comfortable for the wearer, we have significant concerns about aftermarket belt positioning devices. The following discussion explains those concerns and the effect of our regulations on such products.

By way of background information, the National Traffic and Motor Vehicle Safety Act (the Safety Act) gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. This agency does not have a safety standard that directly applies to belt positioning devices. Our safety standards for "Occupant Crash Protection," (Standard No. 208) and "Seat Belt Assembly Anchorages" (Standard No. 210) apply to new, completed vehicles. In addition, our safety standard for "Seat Belt Assemblies" (Standard No. 209) applies to new seat belt assemblies. Because a belt positioning device is neither installed as part of a completed vehicle nor as part of a seat belt assembly, none of these regulations apply to belt positioning devices.

While none of these standards applies to a belt positioning device, the manufacturer of the product is subject to the requirements of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. To date, there have been no defect proceedings concerning these products. In addition, while it is unlikely that a belt positioning device would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, the Safety Act prohibits those businesses from installing the device if the installation "rendered inoperative" compliance with any safety standard.

Belt positioning devices raise safety concerns you should consider in deciding whether to use these products. These devices could be used in a way that significantly affects crash forces on the occupant. Standard No. 208 includes requirements that have the effect of ensuring that the lap and shoulder belts distribute the crash forces to the occupant's skeletal structure, a part of the body that can better withstand the forces. For example, Standard No. 208 requires the shoulder belt and the lap belt to intersect off of the abdominal area. A device that moved that intersection from the side to the middle of the abdomen could greatly increase the loading on the occupant's abdomen. An increase in abdominal loading could have serious safety implications for the wearer of the belt.

There are other concerns about these devices. The realigning of the shoulder belt could increase the likelihood that the wearer would twist toward the middle of the vehicle in a crash, so that the person could be partially or completely unrestrained by the shoulder belt. In addition, if the device introduced excessive slack into the belt system, the occupant's head would be more likely to contact the vehicle interior. Also, slack in the belt system generally introduces higher crash forces, which increase the risk of injury. We urge you to consider these factors when deciding whether to use a belt positioning device, or the manner in which to use one.

You also asked whether a "travel vest" can be used with your two and a half year old son, in place of a child seat. The travel vest is a "child restraint system" and is thus subject to our safety standard for child restraints (Standard No. 213). The manufacturer of the travel vest (which the standard refers to as a "harness") is responsible for determining the conformance of the vest to the requirements of Standard No. 213, and certifying that the vest so conforms. This agency periodically tests products for compliance with Standard No. 213. When properly used, harnesses that comply with Standard 213 provide good protection in a crash, similar to that provided by child seats. You should always follow the manufacturer's instructions for using the child restraint system, including the specifications for the weight of the child for whom the restraint is recommended.

I hope this information is helpful. If you have further questions, please feel free to contact Mary Versailles of my staff at (202) 366-2992.