ID: aiam5315

"Dear Mr. McIntosh: This responds to your inquiry about whethe Standard No. 302, Flammability of Interior Materials (49 CFR 571.302), applies to your product. You state that you manufacture a 'composite assembly acoustical abatement product' that is installed against vehicle sheet metal and is then covered by carpet, trim, or the instrument panel. You had further questions about testing your product and certifying its compliance if the Standard applies to it. I apologize for the delay in responding. By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the National Traffic and Motor Vehicle Safety Act (The 'Safety Act') establishes a 'self- certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. Since Standard No. 302 is a vehicle standard, the manufacturer of the vehicle, and not the manufacturer of the individual component, is responsible for certifying compliance with Standard No. 302. The agency periodically tests new vehicles and items of equipment for compliance with the standards. Under the Safety Act's authority, NHTSA has issued Standard No. 302 which specifies burn resistance requirements for materials used in the occupant compartment of new motor vehicles. Section S4.1 lists the components in vehicle occupant compartments that the vehicle manufacturer must certify as complying with the flammability resistance requirements of paragraph S4.3. The components listed include seat cushions, seat backs, seat belts headlining, convertible tops, arm rests, all trim panels including door, front, rear, and side panels, compartment shelves, head restraints, floor coverings, sun visors, curtains, shades, wheel housing covers, engine compartment covers, and any other interior materials, including padding and crash deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash. Among the listed items that might be applicable to your acoustical abatement product are floor coverings and engine compartment covers. That is, the standard would apply to your product if the acoustical abatement material is a part of one of the covered items and is within 1/2' of the occupant compartment. You indicate in your letter that you are uncertain whether to test your product to Standard No. 302 as a composite with other materials. S4.2.2 of Standard No. 302 states, 'Any material that adheres to other material(s) at every point of contact shall meet the requirements of S4.3 when tested as a composite....' You indicate in your letter that your product has multiple layers that always adhere to each other. Accordingly, assuming your product is subject to Standard No. 302, the agency would test your product as a composite material, in accordance with S4.2.2. Please note that there are other NHTSA requirements that could affect the manufacture and sale of your product. A motor vehicle or equipment manufacturer incorporating your product in its vehicles or equipment would be subject to sections 151-159 of the Safety Act to ensure that its vehicles or equipment do not contain any safety related defect. If the manufacturer or NHTSA determines that a safety related defect exists, the manufacturer would be responsible for notifying purchasers of the defective vehicle or equipment and remedying the problem free of charge. In addition, section 108(a)(2)(A) of the Safety Act 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 motor vehicle safety standard...' Under this section, the entities mentioned above are required to ensure that the addition of your product would not adversely affect the compliance of any component or element of design on a vehicle with an applicable Federal safety standard. With respect to Standard No. 302, the addition of your product must not reduce the vehicle's overall flammability resistance. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";

ID: aiam4708

"Dear Mr. Sundstrom: This is in response to your letter of December 9 1989 to this office, asking us to confirm your opinion that Standard No. 302, Flammability of Interior Materials (49 CFR 571.302) does not apply to the 'HOOD LOCKER' product you describe in your letter. You state that this product will be a plastic box to hold tissues which consumers may use to wipe off the engine crankcase dipstick when checking the crankcase oil. According to your letter, the product can be mounted near or on the vehicle fender well, on the under side of the hood, on the side or top of the air cleaner, or in another location near the dipstick. You believe that Standard No. 302 does not refer to the product because it will not be placed within the occupant compartment of motor vehicles and will not be placed within one-half inch of any occupant's air space. I am pleased to have this opportunity to explain our law and regulations for you. By way of background information, the National Highway Traffic Safety Administration (NHTSA) has no authority to certify or approve motor vehicles or motor vehicle equipment for compliance with the Federal Motor Vehicle Safety Standards. Instead, the National Traffic and Motor Vehicle Safety Act (the Safety Act, 15 U.S.C. 1381 et seq.) establishes a 'self-certification' process under which each manufacturer is responsible for certifying that every one of its products complies with all applicable safety standards. This agency periodically tests vehicles and items of motor vehicle equipment for compliance with the safety standards, and also investigates other alleged defects related to motor vehicle safety. The Safety Act also gives this agency authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 302. That standard sets forth flammability resistance requirements applicable to all new motor vehicles. Therefore, any motor vehicle manufacturer that installs your 'HOOD LOCKER' as original equipment in its vehicles must certify that the vehicle meets all applicable safety standards, including Standard No. 302, with the 'HOOD LOCKER' installed. However, Standard No. 302 does not apply to aftermarket items of motor vehicle equipment, as your 'HOOD LOCKER' appears to be. Hence, you are not required to certify that this product complies with Standard No. 302 before offering it for sale. Parenthetically, I note that your observation is correct that Standard No. 302 applies only to materials used in the occupant compartment of motor vehicles, and not to materials used in an engine compartment that is separated from the occupant compartment. However, there are other statutory requirements that may affect this product. First, manufacturers of motor vehicle equipment such as this 'HOOD LOCKER' are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. If either the equipment manufacturer or this agency were to determine that the 'HOOD LOCKER' contained such a defect, the manufacturer would have to notify purchasers of the defect and remedy the problem free of charge to the purchasers. Second, use of this product could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturers, distributors, dealers, or repair shops from knowingly 'rendering inoperative' devices or elements of design that were installed in a motor vehicle to comply with the Federal motor vehicle safety standards. To avoid a 'rendering inoperative' violation, the above-named parties should examine the proposed installation instructions for the 'HOOD LOCKER' and compare those instructions with the requirements of our safety standards, to determine if installing the 'HOOD LOCKER' in accordance with those instructions would result in the vehicle no longer complying with the requirements of the safety standards. The most relevant safety standards would seem to be Standards No. 113, Hood Latch System, and 302. If the installation of the 'HOOD LOCKER' would not result in a rendering inoperative of the vehicle's compliance with the safety standards, the 'HOOD LOCKER' can be installed by dealers, distributors, and repair shops without violating any Federal requirements. I trust that we have been responsive to your questions. For your information, I am enclosing an information sheet for new manufacturers of motor vehicles and motor vehicle equipment and information on how to obtain copies of motor vehicle safety standards. Please feel free to contact us if you have any further questions. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosure";

ID: aiam4504

"Dear Mr. Erickson: This responds to your letter asking whether Safet Standard No. 302, Flammability of Interior Materials, applies to the 'bikini sun shade,' an accessory you wish to sell for both new and used open-body type passenger vehicles. I regret the delay in responding to your letter. Generally speaking, items of motor vehicle equipment are not covered by Standard No. 302 and the bikini shade may be sold to vehicle owners for their installation in their own vehicles without regard to the product's conformance with the standard. However, as explained below, Federal law places limits on the installation of the bikini shade by some commercial businesses. Standard No. 302 establishes flammability requirements that must be met by new motor vehicles. The requirements apply to particular components within these vehicles, including shades. However, the requirements of the standard apply to a vehicle only until its first purchase in good faith for purposes other than resale. They do not apply to shades manufactured for aftermarket sale and installation in a a vehicle after its first purchase. It would not violate Standard No. 302 for you to sell aftermarket bikini sun shades that do not comply with the standard. However, the installation of the shades by certain parties other than vehicle owners could violate the National Traffic and Motor Vehicle Safety Act. Section 108(a)(2)(A) of the Act (copy enclosed) specifies: '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 ...' The flammability resistance of the original vehicle is an element of design installed in a motor vehicle in compliance with Standard No. 302. That element of design would be rendered inoperative in violation of section 108(a)(2)(A) if a manufacturer, distributor, dealer or motor vehicle repair business installed a bikini sun shade in a new vehicle and thereby caused that vehicle to fail to comply with Standard No. 302. There would also be a rendering inoperative when one of these parties installed the shade in a used vehicle if the shade would have caused the vehicle, when new, to fail to comply with the standard. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of 108. You should be aware also of an additional aspect of the Act. All manufacturers of motor vehicle equipment are subject to the provisions set forth in sections 151-159 of the Act concerning the recall and remedy of equipment with defects relating to motor vehicle safety. If it were determined that the bikini shade had a defect relating to motor vehicle safety, you as the shade manufacturer would have to notify all purchasers of the defect and either repair the shade so that the defect is removed, or replace the shade with an identical or reasonably equivalent product that does not contain a defect. To summarize, there is a difference in the application of Standard No. 302 to vehicle equipment such as the bikini sun shade, depending on the identity of the person installing the shade in new and used motor vehicles. If the shade does not afford at least as good a level of flammability resistance as that specified by Standard No. 302, the shade cannot be installed in vehicles by any commercial business listed in 108(a)(2)(A) of the Safety Act. Shades that do not meet the standard's flammability resistance requirements may legally be installed in vehicles by the owners of those vehicles. However, NHTSA discourages owners from installing any item of equipment that would degrade the safety performance of their vehicles. To repeat, you as the shade manufacturer would still be obligated to recall and remedy shades that are determined to contain a defect relating to motor vehicle safety, even if those shades were installed by vehicle owners themselves. I hope this information is helpful. Please contact us if you have further questions. Sincerely, Erika Z. Jones Chief Counsel Enclosure";

ID: aiam5620

"Dear Mr. Smith: This responds to your inquiry about whether Federa Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials (49 CFR 571.302), applies to air conditioning return air filters. You state that these filters are placed on top of the air conditioning evaporator coil and are separated from the bus interior by a louvered panel. You were concerned that the filters may be subject to Standard No. 302 because they may be considered located in the 'occupant compartment air space.' As explained below, Standard No. 302 does not apply to air conditioning return filters. By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, Congress has established a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. Since Standard No. 302 is a vehicle standard, the manufacturer of the vehicle, and not the manufacturer of the individual component, is responsible for certifying compliance with Standard No. 302. The agency periodically tests new vehicles and items of equipment for compliance with the standards. Standard No. 302 specifies burn resistance requirements for materials used in the occupant compartment of new motor vehicles. Section S4.1 lists the components in vehicle occupant compartments that the vehicle manufacturer must certify as complying with the flammability resistance requirements of paragraph S4.3. The components listed include seat cushions, seat backs, seat belts headlining, convertible tops, arm rests, all trim panels including door, front, rear, and side panels, compartment shelves, head restraints, floor coverings, sun visors, curtains, shades, wheel housing covers, engine compartment covers, and any other interior materials, including padding and crash deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash. Section S4.1 represents a complete listing of all components in new vehicles that must comply with the flammability resistance requirements. Any component not identified in section S4.1 is not subject to those requirements. Therefore, an air conditioning return filter is not subject to those requirements. Please note that there are other NHTSA requirements that could affect the manufacture and sale of products related to motor vehicles. A motor vehicle or equipment manufacturer incorporating air conditioning filters in its vehicles or equipment would be subject to 49 U.S.C. 30118-30121 to ensure that its vehicles or equipment do not contain any safety related defect. If the manufacturer or NHTSA determines that a safety related defect exists, the manufacturer would be responsible for notifying purchasers of the defective vehicle or equipment and remedying the problem free of charge. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";

ID: aiam0882

Dear Mr. Yotsuzuka: Thank you for your letter of October 13, 1972, regarding Federal Moto Vehicle Safety Standard (FMVSS) No. 302.; It is correct that this standard has been in effect since September 1 1972.; The statute requires each item of motor vehicle equipment (in thi case, components specified in paragraphs S4.1 and S4.2 of FMVSS No. 302) that is produced, to conform to the applicable standards. The standard does not specify the means for sampling, and vehicle manufacturers are not restricted in their manner of testing for certification.; This agency does not publish guidelines on testing beyond the standar itself, however, Docket No. 3-3 contains a considerable amount of information and data on this standard from manufacturers, suppliers, and the interested public. This information is in the public record and may be examined during working hours in Room 5221, Docket Section, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs;

ID: nht91-7.8

DATE: November 13, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Robert A. Nordmeyer -- Nordic Associates

TITLE: None

ATTACHMT: Attached to letter dated 9-18-91 from Robert A. Nordmeyer to NHTSA Administrator

TEXT:

This responds to your September 18, 1991 letter to NHTSA's Rulemaking office concerning your design for an aftermarket sun visor. Your letter has been referred to me for reply.

The National Traffic and Motor Vehicle Safety Act authorizes our agency to issue Federal motor vehicle safety standards that apply to new motor vehicles and items of motor vehicle equipment. The Act also authorizes us to require the recall and remedy of any motor vehicle or item of motor vehicle equipment that contains a safety defect.

There is currently no Federal motor vehicle safety standard that applies to an aftermarket sun visor. The safety standards relating to sun visors (Standard 201, Occupant Protection in Interior Impact, and 302, Flammability of Interior materials) apply only to new motor vehicles and not to items of aftermarket equipment.

The sun visor in a new vehicle is regulated by Standard 201, which requires that the visor be "constructed of or covered with energy-absorbing material" and that the visor's mounting must "present no material edge radius of less than 0.125 inch that is statically contactable by a spherical 6.5-inch diameter head form." The purpose of that requirement is to reduce the injuries that occur when unrestrained occupants strike the visor or its mounting with their heads. If your sun visor were installed by the manufacturer of a new motor vehicle, the visor would have to comply with the visor requirements of Standard 201. I am enclosing a copy of the standard for your review.

Standard 302 requires sun visors in new vehicles to meet the flammability resistance requirements of the standard. The standard specifies that the material used on the visor must not burn at a rate of more than four inches per minute. A copy of the standard is enclosed.

Although your sun visor would be sold in the aftemarket, not as an item of original equipment, Standards 201 and 302 can nonetheless affect persons who install the visor. The Safety Act provides that a person who manufactures, distributes, sells or repairs motor vehicles cannot "render inoperative" a regulated device such as a sun visor or its mountings. If a repair shop were to remove a vehicle's sun visor and replace it with your visor, the shop would be in violation of the Act unless your visor complied with the standards. An individual owner may install a visor in his or her own vehicle without regard to the standards.

You should also be aware that our safety defect authority has a bearing on the manufacture and sale of your visor. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. A manufacturer of motor vehicle equipment is subject to the requirements in sections 151-159 of the Act concerning the recall and remedy of products with safety defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that NHTSA or a manufacturer determines that the manufacturer's product contain a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Please contact us if you have further questions.

ATTACHMENTS

NHTSA Information Sheet Entitled INFORMATION FOR NEW MANUFACTURERS OF MOTOR VEHICLES AND MOTOR VEHICLE EQUIPMENT, dated September, 1985. (Text omitted)

Copy of the Code of Federal Regulations (10-1-90 edition) pertaining to S 571.201: Standard 201 - Occupant protection in interior impacts. (Text omitted)

ID: nht71-5.67

DATE: 08/23/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: FWD Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 12 asking for a clarification of the effect of the recent firefighting vehicle amendment (36 F.R. 13926) on Federal standards published prior to September 1, 1971 but effective after that date. Specifically you ask whether Standard No. 302 Flammability of Interior Materials, published on January 8, 1971 applies to firefighting vehicles on September 1, 1972, or September 1, 1974.

The firefighting vehicle amendment is effective September 1, 1971 and has no effect upon standards or amendments to standards issued before that date. Thus Standard No. 302 applies to firefighting vehicles as of September 1, 1972.

Sincerely,

ID: aiam3792

Dear Mr. Troxel: This responds to your recent letter to Mr. Steve Kratzke of my staff asking for a clarification of the requirements of Federal Motor Vehicle Safety Standard No. 302, *Flammability of Interior Materials* (49 CFR S571.302). Specifically, your company manufactures innerspring mattresses, some of which are used in motor vehicles. You noted that the mattress covers on those mattresses for use in motor vehicles must comply with the flammability requirements of Standard No. 302, and that you had interpreted the mattress cover to consist only of the covering applied over the finished mattress. Hence, under your interpretation, Standard No. 302 would not apply to the ticking used as the outside of the mattress. However, you were told by several ticking manufacturers that a recent decision by this agency stated that ticking used on mattresses for use in motor vehicles must also satisfy the flammability requirements of the standard. It is correct that the ticking must satisfy Standard No. 302's flammability requirements.; The mattress cover has been interpreted by this agency to include bot a covering put over a finished mattress and the permanent mattress ticking since Standard No. 302 became effective. Hence, the information that this was a recent decision by this agency is incorrect. For your information, I have enclosed a 1973 letter to the Recreational Vehicle Institute setting forth this interpretation over ten years ago.; Should you have any other questions about the applicability of Standar No. 302 to your products, please do not hesitate to contact Mr. Kratzke at this address or by telephone at (202) 426-2992.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam4866

"Dear Mr. Dashney: This responds to your letter of February 19, 1991 In your letter you asked several questions regarding the purchase, sale, and use of motor vehicles used to transport students to and from school and related events. Where two or more questions concern a common issue, they are addressed by a single response. Question 1: Do Federal Motor Vehicle Safety Standards (FMVSS) apply to multi-purpose vehicles with seating positions for more than 10 passengers, passenger vans, used to transport students to and from school and related events? Question 5: Are there FMVSS's in effect for occupants of sedans, station wagons, or mini-vans with seating positions for fewer than 10 passengers used to transport students to and from school and related events? The answer to both questions is yes. NHTSA has issued FMVSS covering all of the types of motor vehicles mentioned in your questions. The application section of each FMVSS indicates which types of motor vehicles are required to comply with its provisions. The motor vehicles you refer to in Question 1 are considered 'schoolbuses' by this agency. A 'school bus' is a motor vehicle designed to carry 11 or more persons, including a driver, and sold for transporting students to and from school and school-related events (49 CFR 571.3). New school buses must comply with the Federal Motor Vehicle Safety Standards (FMVSS) for 'buses' and also those for 'school buses.' The following is a list of the FMVSS that include requirements for school buses: Standards No. 101 through No. 104, Standard No. 105 (school buses with hydraulic service brake systems), Standards No. 106 through No. 108, Standards No. 111 through 113, Standard No. 115, Standard No. 116 (school buses with hydraulic service brake systems), Standard No. 119, Standard No. 120, Standard No. 121 (school buses with air brake systems), Standard No. 124, Standards No. 201 through No. 204 (school buses with a GVWR of 10,000 pounds or less), Standard No. 205, Standards No. 207 through No. 210, Standard No. 212 (school buses with a GVWR of 10,000 pounds or less), Standard No. 217, Standard No. 219 (school buses with a GVWR of 10,000 pounds or less), Standard No. 220, Standard No. 221 (school buses with a GVWR greater than 10,000 pounds), and Standards No. 222, 301, and 302. These standards are part of 49 CFR 571. I have enclosed information on how you can obtain copies of the FMVSS. Regarding the motor vehicles mentioned in Question 5, definitions of other motor vehicle types are also found in 49 CFR 571.3. For instance, 'multipurpose passenger vehicle' is defined as 'a motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation' (49 CFR 571.3(b)). 'Passenger car' is defined as ' a motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less' (49 CFR 571.3(b)). Question 2: Is it legal for automobile manufacturers or dealers to lease or sell passenger vans to school districts or private fleet operators when the purpose of those vehicles is to transport students to and from school and related events? Question 6: Is it legal for automobile manufacturers or dealers to lease or sell sedans, station wagons, and mini-vans to school districts or private fleet operators for the purpose of transporting students to and from school and related events? Assuming that the particular vehicle manufactured or sold complies with all FMVSS that apply to that type of vehicle, the answer to your question is yes. Note however, that unlike other motor vehicle types, a school bus is defined by both the vehicle's seating capacity and its intended use. If a manufacturer or dealer is aware that the intended use of a vehicle is to transport students to and from school and related events, it is a violation of Federal law to sell a vehicle with a capacity of 11 or more persons, including the driver, unless the vehicle complies with all FMVSS applicable to school buses. Question 3: Does a school district or private fleet operator increase its liability risk if it purchases passenger vans to transport students to and from school and related events? Question 4: Does a school district or private fleet operator increase its liability risk if it uses passenger vans to transport students to and from school and related events? Question 7: Does a school district or private fleet operator increase its liability risk if it purchases sedans, station wagons, or mini-vans to transport students to and from school and related events? Question 8: Does a school district or private fleet operator increase its liability risk if it uses sedans, station wagons, or mini-vans to transport students to and from school and related events? Liability risk is a question of state, not Federal law. I am not qualified to offer an opinion on how these issues would be resolved under Michigan law. I suggest that you contact the Attorney General for the State of Michigan for an opinion on the application of Michigan law to these situations. You may also wish to consult your agency's attorney and insurance company for more information. I must emphasize, however, NHTSA's position that a vehicle meeting Federal school bus regulations is the safest way to transport students. In addition, I encourage your school districts to give their most careful consideration to the possible consequences of transporting students in vehicles other than school buses. I hope that you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosures";

ID: nht94-3.19

TYPE: INTERPRETATION-NHTSA

DATE: June 3, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Michael S. Marczynski -- Sales Representative, Anita's Auto World

TITLE: None

ATTACHMT: Attached To Letter Dated 12/14/93 From Michael Marczynski To NHTSA Chief Council (OCC-9465)

TEXT: Dear Mr. Marczynski:

This responds to your letter in which you asked whether it would be legal for you to install after-market roll pans and convertible tops on light duty pick-up trucks. I apologize for the delay in our response.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (the Safety Act) to issue Federal motor vehicle safety standards that apply to the manufact ure and sale of new motor vehicles and new items of motor vehicle equipment. The Safety Act prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the veh icle or equipment item is in conformity with all applicable safety standards.

After a vehicle's first purchase for purposes other than resale, i.e., the first retail sale of the vehicle, the presence and condition of devices or elements of design installed in the vehicle under applicable safety standards is affected by a section 1 08(a)(2)(A) of the Safety Act which provides:

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 vehicl e safety standard.

In general, this provision prohibits any manufacturer, dealer, distributor, or repair shop from removing, disabling, or otherwise "rendering inoperative" any of the safety systems or devices installed on the vehicle to comply with a safety standard. How ever, modifications that change a vehicle from one vehicle type to another (e.g., from a hard-top to a convertible) do not violate the "render inoperative"

2

prohibition as long as the converted vehicle complies with the safety standards that would have applied if the vehicle had been originally manufactured as the new type.

NHTSA has exercised its authority to establish four safety standards which have different requirements for convertible trucks: Standard No. 205, Glazing Materials, Standard No. 208, Occupant Crash Protection, Standard No. 216, Roof Crush Resistance, and Standard No. 302, Flammability of Interior Materials. An explanation of these differences follows.

Standard No. 205

Standard No. 205 specifies requirements for glazing materials used in motor vehicles. Material used in a convertible top may be subject to this standard.

Standard No. 208

Standard No. 208 sets forth requirements for occupant protection at the various seating positions in vehicles. These requirements differ depending on gross vehicle weight rating (GVWR) and year of manufacture. The requirements for hard-top and converti ble vehicles manufactured in the same year may also differ.

Standard No. 216

Multipurpose passenger vehicles, trucks and buses with a GVWR of 6,000 pounds or less, manufactured on or after September 1, 1994, are required to comply with Standard No. 216. However, Standard No. 216 does not apply to convertibles.

Standard No. 302

Standard No. 302 specifies burn resistance requirements for materials used in the occupant compartment of motor vehicles. Material used in a convertible top may be subject to this standard.

In summary, you are responsible for ensuring that, in the process of installing a roll pan or convertible top, you do not remove, disable, or otherwise "render inoperative" any of the safety systems or devices installed on the vehicle to comply with a sa fety standard. However, to the extent that a different standard is applicable to convertibles, modifications which result in the vehicle complying with the standard that applied to convertibles are permitted.

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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,