ID: 2914yy

Mr. Rick Weisbrod
Vice President Marketing
Independent Mobility Systems, Inc.
4100 West Piedras Street
Farmington, New Mexico 87401

Dear Mr. Weisbrod:

This responds to your letter of March 5, 1991 concerning the requirements of Standard No. 301. According to your letter and information provided in a telephone conversation with John Rigby of this office on March 7, 1991, your company uses the Chrysler mini-van as a base vehicle for modification for use by drivers or passengers in wheelchairs. This modification is normally performed before the first sale of the vehicle to a consumer. However, the modification is sometimes performed after sale of the vehicle to a consumer. During the modification, the position of the fuel tank is altered by moving it behind the rear axle, the fuel filler tube is modified to reach the new location, and new structure is added to the rear of the vehicle. To ensure compliance with Standard No. 301, your company had front, rear, and side impact tests performed on a modified vehicle. You believe that this crash testing is appropriate, but have been told by "various entities" that no such testing is required. Below I will explain the requirements applicable (1) when your company modifies a vehicle before the first sale to a consumer and (2) when your company modifies a vehicle after its sale to a consumer.

As you know, a manufacturer of new motor vehicles must certify that its vehicles conform to the requirements of all applicable motor vehicle safety standards. Under the NHTSA regulation on certification (49 CFR Part 567), a person who modifies a vehicle prior to its first sale to a consumer is considered an "alterer," if the modifications involve more than the addition, substitution, or removal of "readily attachable" components. An alterer is required to certify that the vehicle, as altered, conforms to all applicable safety standards (49 CFR 567.7). When your company modifies a vehicle by relocating the fuel tank and making the other changes listed above before first sale to a consumer, it would be considered an alterer. Your company, therefore, would have to certify that every vehicle it alters complies with all applicable safety standards affected by the alteration, including Standard No. 301.

The National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) does not expressly require alterers and manufacturers to conduct testing in accordance with the procedures set forth in the safety standards. Instead, the Safety Act requires alterers and manufacturers to exercise "due care" in certifying that a vehicle complies with all safety standards (15 U.S.C. 1397). It is up to the alterer or manufacturer, in the first instance, to determine how he or she will establish that due care was exercised in making the certification. NHTSA itself must precisely follow the crash test procedures in Standard No. 301 when the agency conducts its compliance testing. Manufacturers or alterers may establish due care by conducting crash testing in accordance with the procedures set forth in Standard No. 301. Alternatively, manufacturers or alterers may use other procedures for assuring themselves that their vehicle complies with Standard No. 301, such as computer simulations or engineering analyses. Of course, the agency recognizes that conducting crash tests in accordance with the procedures in Standard No. 301 may be the simplest and most reliable way for an alterer to assure itself that the altered vehicles comply with the standard.

When your company modifies a vehicle after that vehicle has been sold to a consumer, it would be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section provides, in part, that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or 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. . . .

Thus, your company (or any other manufacturer, distributor, dealer, or motor vehicle repair business) making the modifications you described in your letter must ensure that those modifications do not "render inoperative" the compliance of the vehicle with any safety standard, including Standard No. 301. Again, the crash testing described in your letter would be a very effective way of ensuring that the modifications do not "render inoperative" compliance with Standard No. 301.

While your letter only concerned compliance with Standard No. 301, I would note that the modifications you discussed may affect compliance with other safety standards. Other safety standards that could be affected by the modifications include (1) Standard No. 204, Steering Control Rearward Displacement, (2) Standard No. 208, Occupant Crash Protection, (3) Standard No. 212, Windshield Mounting, and (4) Standard No. 219, Windshield Zone Intrusion.

I hope this information is useful to you. I also would like to express my appreciation for your company's interest in and commitment to motor vehicle safety. If you have any further questions, please contact John Rigby of this office at 202-366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

Ref:301 d:4/l/9l

ID: 6982

Mr. Brad Beach
389 Terrace Avenue
Suite 204
Virginia Beach, VA 23451

Dear Mr. Beach:

This responds to your letter to Mr. Taylor Vinson of my staff, inquiring about Federal safety standards that apply to objects designed to be attached to the rear and side windows of passenger automobiles. Although you did not specify what this object is, you described the object as being "not transparent," rectangular in shape, with dimensions of 12 inches in width by 18 inches in length. The following discussion explains how our safety standards apply to your product.

Some general background information on the Federal motor vehicle safety laws and regulations may be helpful. Our agency, the National Highway Traffic Safety Administration (NHTSA), is authorized under the National Traffic and Motor Vehicle Safety Act (Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self- certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates alleged safety-related defects.

The agency has issued two Federal Motor Vehicle Safety Standards that might affect your product. These are Standards No. 205, Glazing Materials, and No. 111, Rearview Mirrors. Standard No. 205 specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70 percent in areas requisite for driving visibility, which includes all windows in passenger automobiles). Standard No. 111 sets performance requirements for rearview mirrors. The standard provides that each inside rearview mirror must provide a specified field of view to the rear of the vehicle. Manufacturers must certify that their new vehicles complies with the applicable requirements of Standards No. 205 and 111. If, before the vehicle were first purchased by a consumer, a subsequent manufacturer or dealer were to install a device that was not readily removable over the glazing and that impaired the field of view to the rear of the vehicle, that subsequent manufacturer or dealer would be required to certify that the vehicle continues to comply with the requirements of Standards No. 111 and 205 with this additional device installed.

After a vehicle is first sold to a consumer, modifications to a vehicle are affected by section 108(a)(2)(A) of the Safety Act. That section prohibits manufacturers, distributors, dealers, and repair shops from knowingly "rendering inoperative" any device or element of design installed on a vehicle in compliance with our standards. Thus, none of these commercial entities may legally install a sun screen device or other device on a vehicle, if the device would cause the vehicle to no longer comply with the requirements of Standards No. 111 and/or 205.

In addition, any manufacturer of motor vehicle equipment, such as a device that is mounted on the glazing of motor vehicles and that is not readily removable, is responsible for the recall and remedy of all such devices, if it is determined that the device contains a defect related to motor vehicle safety.

You should note that the "render inoperative" prohibition in section 108(a)(2)(A) of the Safety Act does not affect vehicle owners, who may themselves alter their own vehicles as they please, without violating any provision of Federal law. Thus, Federal law would not prohibit you, as an individual vehicle owner, from installing any devices you wish in the windows of your own vehicle, even if such installation causes the vehicle to no longer comply with Standards No. 205, No. 111, or any other of our safety standards. The agency, however, urges vehicle owners not to take actions that would degrade the performance of the safety features designed into their vehicles.

However, you should also note that the individual States have the authority to regulate the operation and use of vehicles by their owners and modifications owners can make to their own vehicles. Each of the States have exercised this authority to establish requirements for vehicles to be registered and operated within their borders. I cannot advise you about the laws established by each of the States. If you wish to learn whether Virginia or any other State prohibits the installation of your device in a vehicle, you may wish to contact the Department of Transportation for those States in which you are interested.

I hope this information is helpful. Please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:205#111 d:4/14/92

ID: 7236

John J. Jacoby
President
Cleartec
1919 Paper Mill Road
Huntington Valley, PA 19006-5813

Dear Mr. Jacoby:

I have been asked to respond to your April 6, 1992 letter to former Secretary Skinner, because our agency, the National Highway Traffic Safety Administration (NHTSA), is the part of the Department of Transportation that administers the program about which you asked. Specifically, your letter asks whether there are any Federal regulations that affect a new product Cleartec has developed. The product, Clean Sweep Strips, is a transparent material applied to the windshield in a herringbone pattern, in the path of the wipers, to clean the wipers. I am pleased to have this opportunity to explain our regulations to you.

By way of background information, 103 of the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1392) authorizes NHTSA to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards. In addition, the Safety Act requires manufacturers to recall and remedy any motor vehicle or item of motor vehicle equipment that contains a safety-related defect.

Your letter states that Clean Sweep Strips could be manufactured into new windshields. If a windshield with Clean Sweep Strips were installed as original equipment by a manufacturer of a new motor vehicle, the manufacturer would have to certify that the vehicle, with the Clean Sweep Strips installed, complies with all applicable safety standards. NHTSA has issued two safety standards, compliance with which might be affected by the installation of your Clean Sweep Strips. First, Standard No. 205, Glazing Materials, establishes a number of requirements for light transmittance, abrasion resistance, and optical deviation and visibility distortion for windshields. Second, Standard No. 104, Windshield Wiping and Washing Systems, establishes requirements for a minimum area that must be wiped by the wiping system, and the frequency at which the wiping system must operate. Any manufacturer that installed your product as original equipment on a windshield would have to certify that the windshield continued to comply with Standards No. 205 and 104 with your product installed.

After the first sale to a consumer, a vehicle is no longer required by Federal law to conform to all safety standards. However, 108(a)(2)(A) of the Safety Act provides as follows:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or 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 provision means that a manufacturer, dealer, distributor, or repair business cannot install your Clean Sweep Strips on any vehicle if such installation results in the vehicle no longer complying with Standard No. 205 or 104. Violations of this "render inoperative" prohibition are punishable by civil fines of up to $1,000 per violation.

I note that the "render inoperative" prohibition does not affect modifications made by vehicle owners to their own vehicles. Thus, individual vehicle owners may install your Clean Sweep Strips on their own vehicles, even if this installation causes the vehicles to no longer comply with applicable safety standards. Such installations may be regulated, however, by State law. If you are interested in further information on the provisions of State laws, you may wish to contact the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Virginia 22203.

Additionally, under the Safety Act, Clean Sweep Strips would be considered an item of motor vehicle equipment. Your company, as a manufacturer of motor vehicle equipment, would be subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety defects. In the event that NHTSA or a product's manufacturer determines that a product that is an item of motor vehicle equipment contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Finally, I have enclosed a general information sheet for new manufacturers which summarizes NHTSA's regulations and explains where to obtain copies of Federal motor vehicle safety standards and other regulations.

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.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosure

ref:104#205 d:5/29/92

ID: nht92-9.14

DATE: February 11, 1992

FROM: Lance Watt -- Director of Engineering, The Flxible Corporation

TO: Paul Jackson Rice -- Office of Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 4/10/92 from Paul J. Rice to Lance Watt (A39; Std. 108)

TEXT:

The Flxible Corporation is a major domestic manufacturer of city transit buses and requests an interpretation concerning FMVSS 108, "Lamps Reflective Devices, and Associated Equipment," while also referencing FMVSS 121 "Air Brake Systems."

An air brake system is used on our vehicles. As the driver starts to apply the service brake pedal to slow or stop the vehicle, a service brake stop lamp switch is activated. The stop lamp switch is installed to comply with Section S5.1.7 of FMVSS 121, "Air Brake Systems." The stop lamps are in turn activated by the stop lamp switch.

The Flxible Corporation offers optional transmissions which have internal hydraulic retarders for supplemental braking as a means to increase brake lining life. This retardation deceleration would be over and above that obtained by the normal service brake system. In our current design, the transmission retarder is electrically operated during the initial travel of the service brake pedal. As the service brake pedal is further depressed, the service brakes are activated, and this in turn triggers the stop lamp switch which in turn illuminates the stop lamps.

The Flxible Corporation has received requests from customers to activate the transmission retarder when the ACCELERATOR pedal is released. In this scenario, the service BRAKE pedal would not be used to activate the transmission retarder. However, if required, the driver could also depress the brake pedal to in turn activate the service brakes in order to achieve an even higher rate of vehicle deceleration over and above that obtained by the transmission retarder itself.

If the brake pedal were not depressed however, and with the vehicle deceleration caused solely by transmission retardation, the stop lamps would not be illuminated and therefore, following vehicles may be unaware of this sudden reduction in vehicle speed.

Some of our customers have also requested to have the transmission retarder activate the stop lamps to provide following vehicles with a warning that a sudden reduction in vehicle speed was in progress, even though it was caused by the transmission retarder as opposed to a service brake application. Again, this application of the stop lamps would be achieved by release of the accelerator and without depressing the brake pedal, and potentially without any intent to apply the service brakes on the part of the driver.

Section S5.5.4 states: "The stop lamps on each vehicle shall be activated upon application of the service brakes." This is interpreted by Flxible to mean the brake pedal would activate the service brakes which would activate the stop

lamp switch which in turn would activate the stop lights. By virtue of our customer's requests, the stop lamps would already be activated when the driver released the accelerator pedal and without any application of the brake pedal.

Flxible has in the past requested a NHTSA ruling on a further scenario outside of that, but somewhat related to that which is described here-in. Please find attached a copy of that request along with a copy of your response for reference.

Additionally, some of our customers, especially those in locations likely to experience icy or slippery road conditions, request a retarder cut off switch in order to disable the retarder and reduce the possibility of uncontrolled drive axle wheel lock-up. In cases such as this, without a dual system that would then allow stop light switch and stop light activation to be caused by application of the brake pedal as in our standard system today, a stop light activation would occur at the time of accelerator release with minimal if any change in vehicle forward speed, and again, potentially with no intent on the part of the driver to use the service brakes.

Flxible to date has resisted the customer requests as noted, however, these customers, without a specific NHTSA ruling on the request as stated above, threaten to declare Flxible a non responsive bidder on transit bus procurements. The basis of their complaints or requests in this regard stem from the fact that they require operating standardization across their various manufacturer fleets to prevent operator error or confusion.

A ruling is requested on whether a non-compliance with Section S5.5.4 of FMVSS 108 would result, if the stop lamps were activated without depressing the brake pedal as requested by our customers.

Flxible appreciates the opportunity to petition for a ruling in this complex matter so that we may use your response accordingly in responding, to our customer's requests.

Should you desire any further clarification or information on this subject, please feel free to contact the writer at (614) 362-2730.

ID: nht94-7.26

DATE: March 24, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Bob Carver -- Product Engineering, Wayne Wheeled Vehicles (Marysville, OH)

TITLE: None

ATTACHMT: Attached to letter dated 1/8/94 from Bob Carver to John Womack (OCC 9544)

TEXT:

This responds to your letter of January 8, 1994, asking two questions concerning a recent amendment to Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413; November 2, 1992). Your questions and the response to each follow.

1. There's some confusion here in our engineering department regarding the interpretation of the "Daylight Opening" and "Unobstructed Opening" as it applies to the new side emergency door specification in FMVSS 217. Page 2 shows the allowable obstruction and the context in which "Daylight Opening" and "Unobstructed Opening" are used. Page 3 shows some measurements of our seats placed according to the "30 cm minimum" shown on page 2. Page 4 shows four different interpretations of the "Unobstructed Opening" area. Depending on the interpretation, between 9 and 15 people may be accommodated by a side emergency door. My question is this: of the four possibilities shown, which definition of the "Unobstructed Opening" area is correct? Mr. Hott indicated definition 4.

The term "daylight opening" is defined in the Final Rule as "the maximum unobstructed opening of an emergency exit when viewed from a direction perpendicular to the plane of the opening." An obstruction in this context would include any obstacle or object that would block, obscure, or interfere with, in any way, access to that exit when opened. In determining the "maximum unobstructed opening of an emergency exit," we would subtract, from the total area of the opening, the area of any portions of the opening that cannot be used for exit purposes as a result of the obstruction. The area measurements would be taken when viewed from a direction perpendicular to the plane of the opening.

Your question specifically concerns how the "maximum unobstructed opening" of a side door is measured when the opening is partially obstructed by a seat. In the case of the illustrated door exit, occupants would use the exit by movement along the floor. This would be considered in determining the extent of an obstruction. None of the four examples you enclosed with your letter correctly illustrates the area that would be credited for the illustrated exit. The following regions would not be credited for this exit: (1) the area visually obstructed by the seat; (2) your region A 2, an area bounded by a horizontal line tangent to the top of the seat back, a vertical line tangent to the rearmost portion of the top of the seat, the upper edge of the door opening, and the edge of the door forward of the seat; (3) your region A 5, an area bounded by the seat back, a horizontal line tangent to the top of the seat back, and the edge of the door forward of the seat; and (4) your region A 8, an area bounded by the seat leg, the floor, the lower edge of the seat bottom, and the edge of the door forward of the seat. Because the seat would make the last three regions unusable as exit space for a person traveling along the floor of the bus towards the exit, they would not be credited for that exit.

You should be aware that the agency published a notice of proposed rulemaking to amend Standard No. 217 on December 1, 1993 (58 FR 63321). The notice proposed two alternate means for determining the maximum amount of area that will be credited for all types of emergency exits on school buses. The agency is currently reviewing the comments received in response to this notice. I am enclosing a copy of this notice.

2. Here is an excerpt from FMVSS 217 S5.5.3(a):

"Each school bus ....shall have the designation "Emergency Door" or "Emergency Exit" as appropriate, .... For emergency exit doors, the designation shall be located at the top of, or directly above, the emergency exit door on both the inside and outside surfaces of the bus.... For emergency window exits, the designation shall be located at the top of, or directly above, or at the bottom of the emergency window exit on both the inside and outside surfaces of the bus."

I've seen a two-sided sticker used by other bus manufacturers. It is applied on the inside surface of a window and the same image "Emergency Door" or "Emergency Exit" can be read from both inside and outside the bus. Is it permissible for us to use this sort of decal, assuming it meets all other (i.e., FMVSS 302)?

The answer to your question is yes. The agency addressed this issue in an October 2, 1978, letter to Mr. E.M. Ryan of Ward Industries, Inc. I am enclosing a copy of this letter.

I hope you find this information helpful. If you have any other questions, please contact Walter Myers of my staff at this address or by phone at (202) 366-2992.

ID: nht94-7.32

DATE: March 21, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Lawrence P. White -- Acting Director, Bureau of Motor Vehicles, Dept. of Transportation, Commonwealth of Pennsylvania

TITLE: None

ATTACHMT: Attached to letter dated 12/13/93 from Lawrence P. White to Mary Versie (OCC-9479)

TEXT:

This responds to your letter of December 13, 1993, asking several questions concerning a recent amendment to Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413; November 2, 1992). Your questions and the response to each follows.

1. The effective date - is it the chassis manufacturer's date of completion, the final stage manufacturer's date of completion, or somewhere in between?

The effective date for the November 2 final rule is May 2, 1994. Only vehicles manufactured on or after the effective date of an applicable requirement in a Federal motor vehicle safety standard must comply with that requirement. If a vehicle is manufactured in two or more stages, the final stage manufacturer is required to certify that the vehicle complies with "the standards in effect on the date of manufacture of the incomplete vehicle, the date of final completion, or a date between those two dates." (49 CFR Part S568.6).

2. Based on the formula for emergency exit space, is the area of the front service door to be included? Does this mean on a vehicle of 60 to 77 passengers, the only additional requirements beyond the front and rear doors is a left side exit door?

The November 2 final rule requires additional emergency exit area (AEEA) for some buses. The amount, if any, of AEEA which must be provided is determined by subtracting the area of the front service door and either the area of the rear emergency door or the area of the side emergency door and the rear push-out window, depending on the configuration of the bus (S5.2.3.1). These are the minimum exits required on all buses. If AEEA is required, the first additional exit which must be installed is a left side emergency door (for a bus with a rear emergency door) or a right side emergency door (for a bus with a left side emergency door and a rear push- out window). The number of exits may vary for buses which carry the same number of passengers, because the amount of area credited for each exit is the area of daylight opening, and because different variations of types of exits are possible. However, in the regulatory evaluation for the final rule, the agency estimated that a bus would not be required to have a roof exit (the second type of additional exit required) unless the capacity was greater than 62 (for a bus with a rear emergency door) or 77 (for a bus with a left side emergency door and a rear push-out window).

3. The "clear aisle space" required for exit to the proposed side

emergency door, according to federal specifications, can be met with a flip-up type seat or a clear opening of 12", as measured from the back of the door forward. Are there any specifications, definitions, or descriptions provided as to what would be considered a "flip seat"?

The November 2 final rule allowed a flip-up seat to be adjacent to a side emergency exit door "if the seat bottom pivots and automatically assumes and retains a vertical position when not in use, so that no portion of the seat bottom is within" the required 12 inch aisle to the exit (S5.4.2.1(a)(2)(ii)). The agency did not otherwise define a flip-up seat, nor did it include any performance requirements for these seats.

4. Also, there is concern regarding school buses that are equipped with the "flip seat" by the emergency door opening and the possibility of school children, either intentionally or accidently, unlatching the door latch mechanism. Are the door latch mechanisms to be equipped to help prevent this from occurring?

Standard No. 217 includes requirements for the type of motion and force required to release an emergency exit (S5.3.3). One of these requirements is that the notion to release a door must be upward from inside the bus (upward or pull-type for school buses with a gross vehicle weight rating of 4,536 kilograms or less). This is intended to lessen the chance of a door accidently being opened, without unnecessarily making the exit more complicated to open in an emergency. In addition, warning alarms are required for door and window exits to notify the driver that the exit has been opened.

I hope you find this information helpful. If you have any other questions, please contact Walter Myers of my staff at this address or by phone at (202) 366-2992.

ID: nht94-9.6

TYPE: Interpretation-NHTSA

DATE: January 10, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: C.N. Littler -- Coordinator, Regulatory Affairs, MCI/TMC (Manitoba)

TITLE: None

ATTACHMT: Attached to fax dated 7/30/93 from C.N. (Norm) Littler to Mary Versailles (OCC 8951)

TEXT:

This responds to your FAX and phone call of July 30, 1993 to Mary Versailles of my office. Your FAX enclosed information on a vehicle, the AMF Invader, which is built on a remanufactured MCI chassis, and advertised and sold as a new vehicle. You do not believe that such a vehicle should be considered a new vehicle. As Ms. Versailles explained on the phone, we can explain whether such a vehicle would be considered a new vehicle for purposes of laws and regulations administered by this agency, and the implications of such a determination. I suggest you also contact the Federal Trade Commission concerning whether it is appropriate to advertise this vehicle as new. To determine whether this vehicle can be titled and registered as new, you would have to contact the various states concerning their laws.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 et seq.; Safety Act) to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor does it endorse any commercial products. Instead, the Safety Act establishes a self-certification process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

After a vehicle's first retail sale, a provision affecting its modification is section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)) which provides:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, andy device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.

It is possible that modifications on an existing vehicle may be so substantial that the resulting vehicle would be a new vehicle for purposes of compliance with the safety standards. In this case, the new vehicle would be required to be certified by its manufacturer as complying with all applicable safety standards in effect on its date of manufacture, just like every other new vehicle. This date would be the date such modifications were completed.

The agency has stated that a bus built with a new body is not considered a "new" vehicle if, at a minimum, the engine, transmission, and drive axle(s) are not new and at least two of these three listed components are taken from the same used vehicle (see, for example, August 11, 1987 letter to Mr. Ernest Farmer). The agency has also stated that a bus constructed from an old body and a new chassis is a new vehicle (see, for example, July 17, 1981 letter to Mr. Larry Louderback). When neither the body nor the chassis are completely new, the agency looks to see if the vehicle has so deviated from the original components and attributes that it may be considered an new vehicle, and one for which compliance with the safety standards is legally required, or whether it has retained a sufficient number of components and characteristics to be considered a used vehicle (see, for example, April 22, 1991 letter to Mr. Kent Morris).

You enclosed an article titled "The New Invader" from the August 1993 issue of National Bus Trader magazine. The manufacturing process for the Invader is described beginning on page 14. Page 16 of this article states, "the Invader is supplied with a new engine," but the article does not contain enough information to determine whether the vehicle, which includes both new and old parts, would be considered new. If the Invader has a new body, NHTSA would consider the vehicle to be new if the chassis lacks the used components referenced in the Farmer letter. Any new vehicle must be certified as complying with all applicable safety standards in effect on the date of manufacture before the vehicle can be sold in the United States.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles at this address or by phone at (202) 366-2992.

ID: nht93-8.10

DATE: November 15, 1993

FROM: Richard L. Plath --Selecto-Flash, Inc.

TO: Taylor Vinson -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 11/30/93 from John Womack to Richard L. Plath (A41; Std. 108)

TEXT:

I know that Jim Peepas from our company has contacted you concerning the conspicuity program. I am responsible for sales for Selecto Flash and thought I would share with you some of the concerns of the various manufacturer's.

In our discussions with the trailer and container manufacturer's who supply this equipment, there seems to be differences of opinion as to the actual requirements. For this reason I will outline the procedure as we understand it and will further ask for confirmation on several issues set forth within this letter.

1) A chassis for purposes of the conspicuity requirement shall be considered to be a trailer.

2) That the total length of the chassis shall be used in computing the 50 per cent coverage of high intensity reflective for each individual side.

3) In the case of a forty eight foot chassis, the law will thus require a minimum of 24 feet of the approved reflective sheeting to be applied to each side. Further, there shall not be more than 18 inches of either red or silver reflective in a continuous strip and that there shall not be an allowed void of more than 48 inches between modules.

4) It shall be recognized that a chassis may travel both with and without a container. In the case of a gooseneck chassis, the gooseneck portion is not visible when the chassis is loaded with a container. The gooseneck portion is generally about 8 feet in length. When the chassis is not loaded with a container, the application of 24 feet per side of a 48 foot chassis of evenly spaced reflective modules would comply with the law as we understand it. It would identify the extreme front and rear portions of the chassis.

The confusion is the treatment of the same gooseneck chassis that is loaded with a container. It is our understanding that the requirements now are for the entire 24 feet (50 per cent of length) to be applied behind the gooseneck. In general this would mean that the rear 40 foot portion of the chassis would contain the 24 feet of reflective modules. Further, we understand that the 50 per cent requirement would be satisfied and that additional modules would not have to be applied to the gooseneck.

If our interpretation is correct, then the gooseneck chassis illustrated above would be in violation if traveling without benefit of a container.

The eight foot gooseneck would be dangerously unmarked creating a hazard and would violate the requirement stating that a void of no more than four

feet is allowable. It is our feeling that since the chassis travels both loaded and unloaded, if the reflective modules were applied evenly spaced along the total length, that the spirit of the law would be realized. Is there a benefit in applying the additional 4 feet of reflective within the rear 40 foot portion of the chassis? If a chassis is considered to be a trailer for purposes of the conspicuity law, then the evenly spaced treatment would seem to be more consistent.

We would appreciate a confirmation from your office indicating the legal application of the law as it pertains to gooseneck chassis.

1) Will we need to apply 24 feet of stripping on a forty eight foot chassis behind the gooseneck plus an additional 4 feet on the gooseneck?

2) Since a chassis is considered to be treated as a trailer, shouldn't we apply the 24 feet evenly spaced from the extreme rear and front portions of the chassis?

3) Is a tire considered a legal obstruction? If so, can we deduct the distance behind the tire from the 50 per cent coverage?

4) We anticipate that the slide mechanism on an extendable chassis will scrape the reflective film from off the chassis. Is the operator then subject to penalties? How will the operator be able to avoid these penalties since they have no control over this process?

We hope that you can respond to these questions well in advance of the December 1st deadline. The application process has already begun and the manufacturer's need to finalize the process.

ID: nht94-1.15

TYPE: Interpretation-NHTSA

DATE: January 10, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: C.N. Littler -- Coordinator, Regulatory Affairs, MCI/TMC (Manitoba)

TITLE: None

ATTACHMT: Attached to fax dated 7/30/93 from C.N. (Norm) Littler to Mary Versailles (OCC 8951)

TEXT:

This responds to your FAX and phone call of July 30, 1993 to Mary Versailles of my office. Your FAX enclosed information on a vehicle, the AMF Invader, which is built on a remanufactured MCI chassis, and advertised and sold as a new vehicle. You do not believe that such a vehicle should be considered a new vehicle. As Ms. Versailles explained on the phone, we can explain whether such a vehicle would be considered a new vehicle for purposes of laws and regulations administered by this agency, and the implications of such a determination. I suggest you also contact the Federal Trade Commission concerning whether it is appropriate to advertise this vehicle as new. To determine whether this vehicle can be titled and registered as new, you would have t o contact the various states concerning their laws.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 et seq.; Safety Act) to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor does it endorse any comm ercial products. Instead, the Safety Act establishes a self-certification process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

After a vehicle's first retail sale, a provision affecting its modification is section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)) which provides:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, andy device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal m otor vehicle safety standard.

It is possible that modifications on an existing vehicle may be so substantial that the resulting vehicle would be a new vehicle for purposes of compliance with the safety standards. In this case, the new vehicle would be required to be certified by its manufacturer as complying with all applicable safety standards in effect on its date of manufacture, just like every other new vehicle. This date would be the date such modifications were completed.

The agency has stated that a bus built with a new body is not considered a "new" vehicle if, at a minimum, the engine, transmission, and drive axle(s) are not new and at least two of these three listed components are taken from the same used vehicle (see , for example, August 11, 1987 letter to Mr. Ernest Farmer). The agency has also stated that a bus constructed from an old body and a new chassis is a new vehicle (see, for example, July 17, 1981 letter to Mr. Larry Louderback). When neither the body n or the chassis are completely new, the agency looks to see if the vehicle has so deviated from the original components and attributes that it may be considered an new vehicle, and one for which compliance with the safety standards is legally required, or whether it has retained a sufficient number of components and characteristics to be considered a used vehicle (see, for example, April 22, 1991 letter to Mr. Kent Morris).

You enclosed an article titled "The New Invader" from the August 1993 issue of National Bus Trader magazine. The manufacturing process for the Invader is described beginning on page 14. Page 16 of this article states, "the Invader is supplied with a ne w engine," but the article does not contain enough information to determine whether the vehicle, which includes both new and old parts, would be considered new. If the Invader has a new body, NHTSA would consider the vehicle to be new if the chassis lac ks the used components referenced in the Farmer letter. Any new vehicle must be certified as complying with all applicable safety standards in effect on the date of manufacture before the vehicle can be sold in the United States.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles at this address or by phone at (202) 366-2992.

ID: nht93-2.13

DATE: 03/11/93

FROM: JOHN WOMACK -- ACTING CHIEF COUNSEL, NHTSA

TO: THOMAS L. WRIGHT -- COORDINATOR, TECHNICAL SUPPORT UNIT, STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 12-29-92 FROM THOMAS L. WRIGHT TO PATRICK BOYD (OCC 8210)

TEXT: This responds to your letter to Patrick Boyd of the National Highway Traffic Safety Administration's (NHTSA's) Office of Vehicle Safety Standards, concerning window tinting. Your letter has been referred to my office for reply.

Your questions relate to a January 22, 1992 (57 FR 2496) notice of proposed rulemaking (NPRM) on the tinting requirements of Safety Standard No. 205, "Glazing Materials." You ask about the status of the NPRM. The agency received a large number of comments on this rulemaking. We have reviewed the comments and are analyzing the issues raised in this rulemaking.

You also ask about a statement in the NPRM about Federal preemption of state window tinting laws. You ask whether Federal law preempts a state law that permits add-on window tinting material for medical or aesthetic reasons.

As explained below, the answer is no, provided that the state law regulates conduct other than that regulated by Federal law. Your question was addressed in the NPRM's discussion of the Federalism implications of the proposed rule (p. 2507).

By way of background, NHTSA issued Standard 205 under the authority of the National Traffic and Motor Vehicle Safety Act. The standard currently imposes a minimum level of light transmittance of 70% in all areas requisite for driving visibility (which includes all windows on passenger cars). The primary purpose of this requirement is to ensure adequate visibility through the windows, thereby reducing the risk of a motor vehicle crash.

Section 103(d) of the Safety Act provides that:

Whenever a Federal motor vehicle safety standard . . . is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard.

Whether state law is preempted under @ 103(d) depends in part on the conduct that is regulated by that law. Federal safety standards regulate the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. State law would be preempted to the extent it established performance requirements applicable to the manufacture of vehicles or glazing that differ from those in Standard 205. State law would also be preempted if it purported to allow the manufacture or sale of glazing materials or new vehicles containing glazing material that did not meet the specifications of Standard 205.

Federal law also regulates modifications made to new and used vehicles by motor vehicle manufacturers, distributors, dealers and repair businesses. Section 108(a)(2)(A) of the Safety Act 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 . . . in compliance with an applicable Federal motor vehicle safety standard.

The effect of this is to impose limits on the tinting practices of businesses listed in @ 108(a)(2)(A). These businesses may not install tinting on new or used vehicles that reduces the light transmittance of windows covered by Standard 205 to a level below the Federal requirement of 70 percent. A state law would be preempted if it purported to allow modifications violating Standard 205 by these named businesses. Section 108(a)(2)(A) does not apply to actions by individual vehicle owners.

Because Federal safety standards regulate the manufacture and sale of new motor vehicles, state requirements applicable to the registration and inspection of motor vehicles after the first sale to a consumer are not preempted merely because they are not identical to the Federal safety standards, as long as they do not interfere with the achievement of the purposes of Federal law. Therefore, a state could permit the registration of a vehicle which had been altered by its owner by the addition of window tinting, even when the tinting reduces the light transmittance below the Federal standard. However, the state cannot legitimize conduct - the rendering inoperative of glazing by commercial businesses installing window tinting - that is illegal under Federal law.

I have enclosed a copy of the Report to Congress on Tinting of Motor Vehicle Windows which you requested. I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992.