ID: 1985-01.20

TYPE: INTERPRETATION-NHTSA

DATE: 01/29/85

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: DAIHATSU MOTOR CO., LTD.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter of November 26, 1984, requesting several interpretations of Standard Nos. 201, 208, and 210. The answers to your questions raised in Attachments I, II, and III of your letter are discussed below.

In attachment I of your letter, you asked about the requirement of S3.5.1(c) of Standard No. 201. You were specifically concerned about the language which provides that the length of the armrest is to be measured vertically in side elevation. You provided a drawing of an armrest and asked if the length is to be measured as shown in section (dimension) b of your Figure 1.

The purpose of the requirement is to ensure that there is at least 2 inches of coverage within the pelvic impact area. For this requirement to be meaningful, the covered surface must be contactable by the vehicle occupant. The vehicle occupant would not contact the base of the arm rest illustrated in your drawing. Therefore, the measurement should be made at dimension a in section A-A or dimension c in section B-B as shown in your Figure 1.

On question one of Attachment II, you asked about the application of Standard Nos. 208 and 209 to a safety belt system you are developing to meet S4.1.2.1 of Standard No. 208. The system consists of a two point automatic belt and a Type 1 manual safety belt. You asked which requirements of Standard No. 209 apply to such an automatic belt. I have enclosed an interpretation letter of August 7, 1981 to Volkswagen which explains the application of Standard No. 209 to an automatic belt.

In question two of Attachment II, you state that your vehicle will have four anchorages for each front outboard seating position (two anchorages for the automatic belt and two for the Type 1 seat belt assembly). You said that S4.4.1 of Standard No. 210 requires seat belt anchorages for Type 2 safety belts at each front outboard seating position and you asked what is meant by anchorages for a Type 2 belt. You also asked whether you must install any other anchorages at those positions in your vehicle.

Paragraph S.4.1.1 of Standard No. 210 requires anchorages for a Type 2 seat belt assembly to be installed for each forward-facing outboard designated seating position in passenger cars. This is true regardless of whether the seating position is equipped with an air bag and a lap belt, with a single diagonal automatic belt or with any other system. Safety Standard No. 210 is independent of Safety Standard No. 208, Occupant Crash Protection. A Type 2 belt requires three anchorages (two for the lap portion of the belt and one for the upper torso restraint). The presence of the Type 2 anchorages in vehicles will allow vehicle owners to install easily Type 2 belts at their own initiative if they desire to do so for whatever reason. For example, if a single diagonal automatic belt system has been damaged, an owner may wish to replace it with a Type 2 manual belt system.

Under paragraph S4.3 of Safety Standard No. 210, anchorages for automatic belts are exempted from the location requirements of the standard. This exception was provided for in the standard to allow manufacturers to experiment with various automatic belt designs to determine the optimum anchorage locations in terms of both effectiveness and comfort (43 FR 53440, Nov. 16, 1978). If, however, the anchorage points for an automatic belt do not fall within the location specified in the standard for Type 2 belts, the manufacturer would have to provide additional anchorage points that could be used by a properly located Type 2 manual belt. Thus if your lap belt and upper torso anchorages fall within the location requirements for Type II belts, you would not have to provide any additional anchorages.

In question three of Attachment II, you asked what strength test applies to anchorages used with an automatic belt and to the manual lap belt used in your system. You illustrated the test procedures you plan to use in your Figure 3. As explained below, the procedure shown in Figure 3(1) is correct and the procedure shown in Figure 3(2) is partially correct.

The agency has stated in an interpretation letter of July 23, 1980 to Mazada that the anchorages for a single diagonal automatic belt should be tested with a 3,000-pound force for purposes of Standard No. 210, in accordance with the test procedures of paragraph S5.2. This is the same force that is required for testing the upper torso portion of a Type 2 seat belt system. This force requirement is applicable whether the single diagonal automatic belt is used alone or whether it is used in conjunction with a manual lap belt. The anchorages for the manual lap belt, however, would be required to withstand test forces of 5,000 pounds under paragraph S4.2.1 for Standard No. 210. The anchorages for the manual lap belt and for the automatic belt must separately meet their respective force requirements and would not have to be tested simultaneously since they are separate systems.

In question one of the Attachment III, you requested the agency to clarify the words "fold" and "tumble" used in S7.4.6 of Standard No. 208. You stated your understanding that "fold" means to move the seat back forward as shown in your Figure 4-a and "tumble" means to move both the seat cushion and seat back forward as shown in your Figure 4-b. Your understanding of both words is correct.

In question two of Attachment III, you asked the meaning of the word "receptacle" as used in paragraph S7.4.6.2 of Standard No. 208. The word "receptacle" refers to the devices into which an occupant would insert the tang of a safety belt to fasten the belt.

I hope this satisfactorily answers your questions.

SINCERELY,

DAIHATSU MOTOR CO., LTD.

OCC 1578

Ref. No. 84-007 Date Nov. 26, 1984

Office of Vehicle Safety Standards National Highway Traffic Safety Administration

Dear sir,

Subject: Questions with respect to Federal Motor Vehicle Safety Standard Nos. 201, 208 and 210

We, DAIHATSU MOTOR CO., LTD., plan to export our vehicles to U.S.A. We have some questions to conform our vehicle to Federal Motor Vehicle Safety Standards. We would like to ask you to answer the questions described in Attachment I, Attachment II and Attachment III.

Your earliest and kind response will be greatly appreciated.

H. Tsujishita Chief Co-ordinator of Technical Administration Dept. DAIHATSU MOTOR CO., LTD.

Attachment I: Standard No. 201

The underlined part of the paragraph S3.5.1(c) of Standard No. 201 as follows is not clear at which section the armrest shall be measured vertically.

S3.5.1(c) "Along not less than 2 continuous inches of its length, the armrest shall, when measured vertically in side elevation, provide at least 2 inches of coverage within the pelvic impact area."

We understand it shall be measured at the section b shown in Fig. 1. If our understanding is wrong, please explain or illustrate in detail.

Fig. 1

(Graphics omitted)

Attachment II: Standard Nos. 208 and 210

We are developing an occupant protection system shown in Fig. 2. It consists of an automatic belt and optionally Type 1 seat belt assembly to meet the requirements of S4.1.2.1 of Standard No. 208.

Fig. 2

(Graphics omitted)

Question 1.

We understand that the paragraph S4.5.3.4 of Standard No. 208 means "An automatic belt furnished pursuant to S4.5.3 that is required to meet the perpendicular frontal (Illegible Word) protection requrements of S5.1 neet not conform to the webbing, attachment hardware, and assembly performance requirements of Standard No. 209." Then, shall the automatic belt conform only to S4.1.2.1 (including S5.1), S4.5.3.3(including S7.1) and S4.1.1 of Standard No. 208, and need not conform to any requirements of Standard No. 209?

Question 2.

Our vehicle with the automatic belt will have four anchorages for one front seating position (two anchorages for the automatic belt and two for the Type 1 seat belt assembly), and have no anchorages for a three-point manual seat belt assembly. Paragraph S4.4.1 of Standard No. 210 requires that seat belt anchorages for a Type 2 seat belt assembly shall be installed for each forward-facing outboad designated seating position in passenger cars. We cannot understand what the seat belt anchorages for the Type 2 seat belt assembly mean. Are the anchorages of the vehicle regarded as the anchorages for a Type 2 seat belt anchorages? To conform to Standard No. 210, shall the vehicle install any other anchorages?

Question 3.

We cannot find any requirements about the strength test of anchorages for an automatic belt. To conform to Standard No. 210, we will test the anchorages of the vehicle by the way shown in Fig. 3 according to the test procedures for the anchorages for a Type 2 seat belt assembly described in Standard No. 210. If our test procedure is wrong, please explain it in detail.

Fig. 3

(Graphics omitted)

Attachment III

Question 1.

The difference of meanings between "fold" and "tumble" in the paragraph S7.4.6 of Standard No. 208 is not clear. We understand that the meaning of the word "fold" is to move the seat back forward shown in Fig. 4-a, and that the meaning of the word "tumble" is to move both the seat cushion and the seat back shown in Fig. 4-b. If our understanding is wrong, please explain the meanings.

Question 2.

We cannot understand the word "receptacle" in paragraph S7.4.6.2. So please explain what the phrase "the inboard receptacle end of a seat belt assembly" means.

(Graphics omitted)

ID: nht76-1.34

DATE: 06/11/76

FROM: AUTHOR UNAVAILABLE; S. P. Wood; NHTSA

TO: Pirelli Tire Corporation

TITLE: FMVSS INTERPRETATION

TEXT: I am writing in response to your March 12, 1976, letter to Mr. Robert Aubuchon of this agency, concerning the application of Federal Motor Vehicle Safety Standard No. 119, New Pneumatic Tires for Vehicles Other than Passenger Cars, to motor driven cycles whose speed attainable in 1 mile is 30 mph or less.

You have inquired whether such vehicles may be equipped with tires that --

(i) "Carry all the inscriptions required by labeling, plus the marking "MAX SPEED" because speed restricted to less than 55 MPH -- S.6.5."

(ii) "Have passed the endurance test -- S.6.1, S.7.2 in accordance with table III -- speed restricted service: 35 MPH"

(iii) "have not been tested for high speed S.6.3 -- in fact they are speed restricted . . ."

and otherwise comply with the requirements of Standard No. 119.

I assume that, where your letter refers to the marking "MAX SPEED", you intended "MAX SPEED 35 MPH". Although such labeling is not prohibited, the standard does not presently recognize a category of speed-restricted motorcycle tires. Tires for motor driven cycles are subject to the same performance requirements as other motorcycle tires. In particular, the schedule for endurance testing is that found in the "motorcycle entry of Table III, rather than the "35 m.p.h." entry. Similarly, these tires are subject to the high speed performance requirements of S.6.3 without exception. An amendment of Standard No. 119 on this subject is being considered, but no firm decision has been made.

Standard No. 119 prohibits the manufacture of the tires that you have described on and after March 1, 1975. Standard No. 120, Tire Selection and Rims for Motor Vehicles Other than Passenger Cars, prohibits the manufacture of motor-driven cycles equipped with such tires on and after September 1, 1976.

SINCERELY,

PIRELLI TIRE CORPORATION

March 12, 1976

NHTSA

Att: Robert Aubuchon

In reference to the phone conversation of March 9, 1976, we would like to have the following Information:

1) Is it permissible (with respect to the safety requirments stated in Standards 119 and 120) to equip motor driven cycles whose speed attainable in 1 mile is 30 MPH or less (see definitions R571 paragraph 571.3 - B and references in part 571, ST 123 - PRE 5 ST 108 - S.4.1.1 26/27, St 122 - S.5.4/S/5.5) with tires meeting the requirements of Standard 119 inasmuch as they:

a) are indicated in ETRTO data book S.5.1.B

b) carry all the inscriptions required by labeling, plus the marking "MAX SPEED" because speed restricted to less than 55 MPH - S.6.5.

c) have tread wear indicators S.6.4

d) have passed the strength test - S.6.2., S.7.3, in accordance with tables I and II - plunger 5/16

e) have passed the endurance test - S.6.1, S.7.2 in accordance with table III - speed restricted service: 35 MPH

f) have not been tested for high speed S.6.3 - in fact they are speed restricted, moreover they may be included in the requirements of Standard 120 - see paragraphs: S.2, S.5.1.1, S.5.1.2, S.5.3. D"

N.B. There is no indication anywhere in Standard 119 and 120 that the speed restrictions apply only to trucks.

2) As discussed by phone, we have requested that a copy of the letter sent by ETRTO to the DOT be forwarded to you as soon as possible. We would appreciate if you would look into this matter and inform us of the outcome.

Thanking you in advance for a prompt reply, we remain

Francesa Robinsons for Mr. Buzzi

G. Buzzi-Ferraris Technical Manager

Industrie Pirelli spa

MARCH 15, 1976

Robert Aubuchon N.H.T.S.A. Office of Standard Enforcement

We have been informed by Pirelli Tire Corporation N.Y. your request for a copy of the ETRTO Submission to NHTSA concerning an amendment to FMVSS 119 and precisely 'Tyres for low-power motorcycles with restricted speed capability'.

A copy of it is here with enclosed.

Recently, February 26th, Mr. Richard B. Dyson, Assistant Chief Counsel of NHTSA has promised to Mr. Trimble, ETRTO General Secretary, that a Federal Register notice on the subject will be issued in the near future.

(P.G. Malinverni) Tyre Standardization

EUROPEAN TYRE AND RIM TECHNICAL ORGANISATION

The Director National Highway Traffic Safety Administration U.S. Department of Transportation

RD/MS 048/75

SUBMISSION N degree 6/119

FMVSS 110 - TYRES FOR LOW-POWER MOTORCYCLES WITH RESTRICTED SPEED CAPABILITY

In the preamble to Docket 71-18 Notice 6, published in the Federal Register Volume 39, No.29 dated Monday February 11th 1974, page 5192, reference was made to an E.T.R.T.O. proposal for new test values for certain motorcycle tires, which proposal was deemed to be "unclear as to the meaning . . . "

For convenience of reference the paragraph in question is quoted as follows:

"The E.T.R.T.O. proposed new test values for some motorcycle tires, but the request was unclear as to the meaning of the 62 mph criterion and the unsupported request cannot be granted. If in future, the E.T.R.T.O. petitions for rule making to revise the table, an explanation of the criterion and a justification for the test values would permit an informed decision."

In response to the invitation, implicit in this paragraph, to E.T.R.T.O. to petition "for rule making to revise the table" by submitting explanation and justification of its requirements E.T.R.T.O. submits the following petition for consideration on this subject.

FMVSS 119 recognises all data standardised by the various international and national standards organizations (Illegible Words) (Illegible Line) (Illegible Words) in tables II (strength) table III (endurance) and in paragraph S7-1 (high speed).

In accordance with the "invitation" instanced (Illegible Word) ETRTO formally requests reconsideration of the requirements of Standard 119 insofar as two categories of light motorcycle tires are concerned, these being the speed-restricted ranges of such tires listed on pages (Illegible Word) through 119 of the 1974/75 E.T.R.T.O. Data-book.

In requesting certain (Illegible Word) from the terms of Standard 119, E.T.R.T.O. is evoking (Illegible Words) which resulted in amendments to the requirements of (Illegible Words) 122 (Illegible Word) 123, as published in the Federal Register Vol. 39 No. 72 (Illegible Words) 12th 1974, in that the existing Standard 119 is "not reasonable, (Illegible Words) appropriate" to the light motorcycle tires in question.

a) Tires for Small Cubic Capacity Motorcycles With Speed Capability up to 50 mph

These tires are especially designed to be fitted to motor-driven cycles with a (Illegible Words).

They can be recognised from having the word "Moped" (or alternatively "Cyclomoteur", or "Ciclomotore" or "Circlomotor") in the vicinity of the (Illegible Word) designation (e.g. (Illegible Word) - 17 Moped).

E.T.R.T.O. requests that for tires to be mounted on motor-driven cycles with a top speed capability of 30 mph of less, tires known as moped tires in Europe and with a speed restriction of 30 mph, the following specifications be adopted:

1. Strength: the minimum static breaking energy should be the one allowed for rayon cord tires even for other types of cords such as cotton, which is widely used for this tire range and which has breaking energy properties almost identical to rayon.

2. Endurance: the test wheel speed should be 100 rpm

The test leads could be (in percent of maximum lead rating): 100% for 4 hours, 108% for 6 hours and 117% for 24 hours.

3. High Speed Test: no high speed test will apply to these tires since they are "speed restricted".

4. Treadwear Indicators: in view of the low speed usage and the fact that these tires have very shallow tread patterns, (circa 3 mm) similar to cycle tires, E.T.R.T.O. (Illegible Word) that the requirement to add treadwear indicators at 1/32" (0,8 mm) is unrealistic and against the interests of the consumer.

b) Tires for Small Cubic Capacity Motorcycles up to 60 mph (or 100 km/h)

This is the category of tires previously referred to as "up to 62 mph", this being strictly equivalent speed to 100 km/h.

These tires are specially designed to be fitted on lightweight motorcycles with maximum speed not exceeding 60 mph.

(Illegible Line) is considered that a (Illegible Words) rating for these tires (Illegible Words) in a restricted-speed category. In consequence E.T.R.T.O. requested (Illegible Word) (Illegible Lines)

1. Endurance: the test wheel speed should be 200 rpm, the test load in percent of maximum load rating 100 for 4 hours, 108 for 6 hours, 117 for 24 hours

2. High Speed: since the first step of the high speed test is 375 rpm equivalent to a speed on highway largely in excess of 75 mph and that speed is higher than the maximum allowed for the tire we would propose that category to be considered a speed restricted category therefore the high speed test will not be necessary for them.

3. Treadwear Indicators: for the reasons outlined in paragraph (a) (4) above the requirement for treadwear indicators be waived for this range of tires.

c) For case of consideration of these requests it should be noted tha the (Illegible Line) ranges of (Illegible Words) -speed motorcycle tires by their size designation as follows: (i) light motorcycle tires, 30 or 60 mph category - the size designations are in inches and fractions of an inch e.g. 2 1/2 - 17.

(ii) unrestricted speed motorcycle tires - the size designations are in inches and decimals e.g. 2.75 - 17.

E.T.R.T.O. requests that early consideration be given to this petition in order that appropriate steps may be taken for implementation prior to the March 1st 1975 effective date of Standard 119.

Thanking you in advance for your kind consideration of the matter,

R. DERESSON General Secretary

ID: Cyr.1

Mr. Leo M. Cyr
Vice President, NGA Auto Glass Division
National Glass Association
8200 Greensboro Drive, Suite 302
McLean, VA 22102-3881

Dear Mr. Cyr:

This responds to your letter to Dr. Jeffrey Runge, Administrator of the National Highway Traffic Safety Administration (NHTSA), in which you asked a number of questions regarding NHTSAs regulations and other issues of concern to the automotive glass industry. Your letter was referred to my office for reply. In order to simplify our reply, we repeat each of the questions presented in your letter below, followed by our response.

(1) We understand the Federal Motor Vehicle Safety Standards (FMVSS) do apply to factory installation of auto glass on vehicles destined for sale in interstate commerce. Do these same FMVSS regulations (specifically FMVSS 212, 216 and [219]) apply:

a.)  Once the new vehicle is purchased by a consumer?
b.)  When auto glass is damaged in the aftermarket?
c.)  To the individual states being required to enforce the FMVSS and, if so, how are the regulations enforced?

Response:

By way of background, we note that NHTSA has authority under 49 U.S.C. Chapter 301 to promulgate Federal motor vehicle safety standards that apply to new motor vehicles and motor vehicle equipment. Most safety standards issued by the agency apply only to new vehicles. However, certain "equipment standards" apply to new parts and equipment, whether they are installed in new vehicles or sold in the aftermarket. A manufacturer must certify that its motor vehicle or motor vehicle equipment meets the requirements of all applicable FMVSS before being sold to a consumer for the first time.

The primary standard related to automotive glass is FMVSS No. 205, Glazing Materials. As an equipment standard, a manufacturer of glazing intended for use in a motor vehicle must certify that its products meet the requirements of FMVSS No. 205. However, as your question suggests, other FMVSS also relate to glazing materials, including FMVSS No. 212, Windshield Mounting, FMVSS No. 216, Roof Crush Resistance, and FMVSS No. 219, Windshield Zone Intrusion, which are vehicle standards.

To address the first part of your question, the Federal motor vehicle safety standards do not apply to vehicles and motor vehicle equipment after their first sale to a consumer. However, once a vehicle or item of motor vehicle equipment has been sold to a first purchaser for purposes other than resale, a manufacturer, distributor, dealer, or motor vehicle repair business may not "knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard."49 U.S.C. 30122(b). In general, this "make inoperative" prohibition requires businesses that modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety features installed in compliance with applicable standards.

In those cases where an item of glazing is damaged and replaced, the replacement glazing must meet the requirements of Standard No. 205. This is because all replacement glazing must meet, and be certified by its manufacturer as meeting, the requirements of FMVSS No. 205, which is an equipment standard. Failure of a repair business to install replacement glazing that complies with this standard would be a violation of the prohibition on selling motor vehicle equipment that does not comply with applicable FMVSSs (see 49 U.S.C. 30112).

However, the vehicle with the new replacement glazing would not have to comply with the vehicle standard requirements of FMVSS Nos. 212, 216, or 219. A manufacturer is not required to assure that a vehicle remains in compliance after it has been sold for purposes other than resale. Moreover, a repair business that replaced the damaged glazing would not violate the "make inoperative" prohibition, because the object or event that damaged the windshield in the first place had already rendered the glazing "inoperative" with respect to these standards. Repair businesses are not required to restore a damaged vehicle to its original level of performance.

Finally, responsibility for enforcing the federal motor vehicle safety standards resides with this agency. NHTSA randomly purchases products and tests them in accordance with our regulations. A test failure may lead to an investigation and a recall of noncompliant equipment. States may only enact provisions relating to the same aspect of performance covered by a federal motor vehicle safety standard if the provision is identical to the federal standard.

(2) What is NHTSAs specific position, if any, on the repair (as opposed to replacement) of rock chip damaged windshields? If such a position exists, does it include or, in some way limit, the repair of long cracks?

Response:

NHTSA is responsible for the promulgation and enforcement of performance standards to ensure the safety of motor vehicles and items of motor vehicle equipment. We do not specify when or how repairs are conducted on a vehicle.

(3) Has the NHTSA reviewed the auto glass industrys voluntary Auto Glass Replacement Standard (www.AGRSS.com) and, if so, does the NHTSA have a position on that standard?

Response:

We are aware of the automotive glass industrys voluntary Auto Glass Replacement Standard, which provides detailed procedures for the proper installation of glazing. By invitation of the National Glass Association, NHTSA participated as an observer in a related Industry Code Practices/Standard meeting on September 18, 1998. However, we have not taken a position with regard to that standard, because as discussed above, we do not specify when or how repairs are conducted on a vehicle.

(4) Can the NHTSA provide a citation for their internal study that stated 82 people per day were injured or killed as a result of being ejected from their motor vehicles during crashes, and, if data available through your office that quantifies the number of individuals who were ejected through the windshield; through a side glass; or, through a door that opened during the crash? And, further, can your office advise (if such detail is not available in the current study) whether such detail is being considered for future studies?

Response:

We are not aware of the "internal study" to which this question refers. However, the statistics cited appear to approximate the number of serious injuries and fatalities that result from rollover crashes (not necessarily due to ejection). Using 1995-1999 data from the National Automotive Sampling System (NASS), we estimate that, on average, 253,000 light vehicles were involved in a tow-away, rollover crash each year, and that 27,000 occupants of these vehicles were seriously injured, equating to about 74 serious injuries per day (see Federal Register notice on Consumer Information Regulations; Rollover Resistance, 66 FR 3388 (Jan. 12, 2001) (Docket No. NHTSA-2000-8298)).

Focusing more specifically on the issue of ejection, in August of 2001, NHTSA published a final report entitled, "Ejection Mitigation Using Advanced Glazing," which presented research conducted by the agency. That report again studied crashes in the 1995-1999 NASS database. The report estimated that approximately 7,800 people are killed and 7,100 people are seriously injured each year because of partial or complete occupant ejections through glazing. This document can be found on NHTSAs website at: http://www-nrd.nhtsa.dot.gov/PDF/nrd-11/glazingreport.pdf. Specifically, Table 1.3 of the report provides statistics for ejection routes. NHTSA will continue to consider and update this information as part of our door lock and ejection mitigation research programs.

(5) Does the Bush Administration have plans to encourage states that have repealed all or part of their periodic motor vehicle inspection (PMVI) programs to reinstate PMVI?

a.)  During the 1970s and 1980s, anti-PMVI forces argued effectively that no one could prove PMVI saved lives. Has the NHTSA conducted any studies that compare accident or personal injury rates before and after PMVIs repeal?

Response:

While we recognize the importance of owners maintaining the safety systems in their vehicles, NHTSA currently has no plans to encourage States to implement PMVI programs, as the data do not indicate that PMVI should be an agency priority. The agencys current priorities include:impaired driving, safety belts, rollover, crash compatibility, and traffic records and data. NHTSA has not conducted, nor are there plans to conduct, research on the effectiveness of PMVI programs.

(6)Does NHTSA have any plans to revise the FMVSS regulations to more clearly reflect the materials and designs used in todays vehicles?

Response:

NHTSA periodically reviews our Federal motor vehicle safety standards on a 7-year cycle. As part of that review, we consider advancements in materials and designs used in current vehicles. FMVSS No. 205 is part of this periodic reassessment process.

The following provides one recent example of our efforts to improve the safety of glazing used in motor vehicles. On July 25, 2003, NHTSA published a final rule amending FMVSS No. 205 to incorporate the 1996 American National Standards Institute standard that deals with the safety performance of safety glass and safety glazing.

(7) Does the NHTSA receive and compile consumer requests for improved auto glass performance?If so, would that information be available to the National Glass Association?

Response:

On occasion, NHTSA receives petitions for rulemaking to improve automotive glass performance. These petitions are made available to the public through the Department of Transportations Docket Management System (DMS), which can be accessed at http://dms.dot.gov. For example, all petitions submitted to the agency in calendar year 2004 are posted in Docket No. NHTSA-2004-16856 for public review. However, NHTSA has not received any glazing-related petitions to date in 2004.

NHTSA also sometimes receives information related to automotive glass performance through consumer complaints submitted to NHTSAs Office of Defects Investigation (ODI). Such information is compiled in ODIs complaint database, which includes reports concerning glazing materials. These reports can be obtained from NHTSAs website at http://www.nhtsa.dot.gov/cars/problems/ by entering relevant search terms.

Enclosed is a copy of a reference document entitled, "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment," which you may find useful. If you have any further questions, please contact Eric Stas of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:205
d.7/7/04

ID: 571-205-Driver Shield for Buses and Vans_final signed (002)

Ms. Lee Ann Sparks Schetky

Bus & Van Sales

148 N. 90th Rd.

Culver, KS 67484

Dear Ms. Sparks:

This responds to your May 7, 2020 email asking about adding “driver shields” to transit buses and vans. You explain that you are developing a driver’s shield assembly to provide to your customers in the transit industry in an effort to protect drivers from the Coronavirus Disease 2019 (COVID-19). You describe the shields as being constructed with plexiglass, stainless tubing and fasteners, with a swing out door to give drivers access to the stepwell entry platform and passenger cabin. You ask about the requirements that would apply when adding these shields to vehicles. We appreciate this opportunity to respond.

Background 

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act (“Safety Act,” 49 U.S.C. Chapter 301) to issue Federal motor vehicle safety standards (FMVSS) that set performance requirements for new motor vehicles and new items of motor vehicle equipment. NHTSA does not approve motor vehicles or motor vehicle equipment and does not determine whether a product conforms to the FMVSS outside of an agency compliance proceeding. Instead, the Safety Act requires manufacturers to self-certify that their products conform to all applicable FMVSS that are in effect on the date of manufacture. NHTSA also investigates safety-related defects.

Discussion

Our answer below is based on our understanding of the specific information provided in your email and attached documentation. Please note that this interpretation letter does not have the force and effect of law and is not meant to bind the public in any way. NHTSA will make determinations of conformance with the FMVSSs only in the context of an agency enforcement proceeding. This letter is intended only to provide clarity to the public regarding existing requirements under the law, and represents the opinion of the agency on the questions addressed in your email at the time of signature.

After reviewing the information you provided, NHTSA has concluded that the transparent material of the “shield assembly,” located immediately to the right of a driver, is an interior partition composed of motor vehicle “glazing” that must comply with FMVSS No. 205, “Glazing materials.” FMVSS No. 205 establishes minimum performance requirements for glazing materials for use in motor vehicles and motor vehicle equipment and incorporates by reference an industry standard, the American National Standards Institute American National Standard for Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land Highways-Safety Standard (ANSI/SAE Z26.1-1996). FMVSS No. 205 and ANSI/SAE Z26.1 specify performance requirements for various types of glazing (called “Items”), and specify the locations in vehicles in which each item of glazing may be used. FMVSS No. 205 applies to glazing installed in motor vehicles1 prior to first purchase and to aftermarket glazing for use in motor vehicles.

As motor vehicle glazing, the transparent material of your barrier must meet the requirements of FMVSS No. 205 and be certified as meeting that standard by the prime glazing manufacturer, and, if applicable, the manufacturer or distributer who cuts the glazing into components for use in motor vehicles or items of motor vehicle equipment.2 If you, in assembling the barrier, cut the glazing, you must ensure the glazing meets the requirements of FMVSS No. 205, and must certify its compliance pursuant to S6.3 of FMVSS No. 205. On the other hand, if you only assemble the barrier using pre-cut glazing that has been certified by a glazing manufacturer, you are not required to certify the glazing. However, as the manufacturer of the aftermarket barrier, you are responsible for ensuring your product is free from safety-related defects. If you or this agency finds your product to contain a safety-related defect after you market the product, you are responsible for conducting a notice and recall campaign as required under 49 U.S.C. §§ 30118- 30120.

As described in your email, the barrier would be located to the right of the driver. In that location, and for every vehicle type, portions of the glazing would be requisite for driving visibility. Any portion of the glazing that the driver would see through in order to view windows requisite for driving visibility would also be considered requisite for driving visibility. For buses and multipurpose passenger vehicles (MPVs), this would include any window to the immediate right or left of the driver and the front windshield.3 (For passenger cars, all windows are considered requisite for driving visibility.)

1 Requirements for glazing vary by vehicle type. You state that the barriers will be installed in buses and “vans.” NHTSA does not use the term “van” when classifying motor vehicles for purposes of FMVSS applicability. If the vehicle in which the barriers will be installed carry more than 10 persons, the vehicle would be classified as a bus under NHTSA’s FMVSS. If the vehicle carries 10 or fewer persons, it would be classified as either a multipurpose passenger vehicle (MPV) or passenger car, depending on whether the vehicle is built on a truck chassis or with special features for occasional off-road operation (49 CFR 571.3). Based on your email, we assume that the vehicles in which the barriers would be installed are not passenger cars. Thus, we assume the vehicles are “buses” or “MPVs.” We assume the vehicles are not trucks. This classification is important for determining the application of the glazing standard to the vehicles.

2 49 CFR 571.205, S6.

3 In a letter to Cris Morgan, NHTSA concluded that low-level glazing on doors to the right or left of the driver are considered windows that are requisite for driving visibility. Therefore, glazing through which the driver would view

Glazing for interior partitions in areas requisite for driving visibility must be of one of the following types of glazing: Item 1, Item 2, Item 4, Item 4A, Item 10, Item 11A, Item 11C,4 Item 14, Item 15A, or Item 15B. Glazing for interior partitions in areas not requisite for driving visibility must be one of the following types of glazing: Item 1, Item 2, Item 3, Item 4, Item 4A, Item 5, Item 10, Item 11A, Item 11B, Item 11C, Item 12, Item 13, Item 14, Item 15A, Item 15B, Item 16A, or Item 16B.

Please note that there may be additional requirements depending on who installs the barrier. If the barrier is installed prior to first vehicle sale, the installer must ensure that, with the barrier installed, the vehicle complies with FMVSS No. 205 and all other applicable FMVSS, and must certify the vehicle as complying with all applicable FMVSS. If the barrier is installed as aftermarket equipment by a manufacturer, distributor, dealer, rental company, or motor vehicle repair business, that entity would be subject to 49 U.S.C. 30122, which prohibits the entity from knowingly making 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 FMVSS. In either case, the entity installing the barrier should pay particular attention to ensuring that installation of the barrier does not obstruct the driver’s view of the mirrors and/or rearview image required under FMVSS No. 111, “Rear visibility,” impact the vehicle’s compliance with FMVSS No. 302 “Flammability of interior materials,” prevent the driver from readily accessing emergency exits installed in compliance with FMVSS No. 217, “Bus emergency exits and window retention and release,” or impede the driver’s ability to see through the windows needed for driving visibility.5

Apart from requirements that NHTSA administers, the installation of the barrier may be subject to other Federal or State laws or regulations. For example, purchasers or lessees of the vehicles may be subject to the Americans with Disabilities Act (ADA) and the accessibility requirements found at 49 CFR Parts 37 and 38 and may need to ensure that the vehicle they purchase or lease continues to comply with the requirements after the barrier is installed.

these windows would be considered requisite for driving visibility. Letter to Cris Morgan (January 14, 2009), available at https://isearch.nhtsa.gov/files/08-004149--19%20Nov%2008--sa.htm.

4 If the partition is a bullet-resistant shield constructed using Item 11C glazing, the combined parallel luminous transmittance with perpendicular incidence through both the shield and the permanent vehicle glazing is to be at least 60 %.

5 To ensure that installation does not impact the vehicle’s compliance with applicable FMVSS, the installer should be familiar with FMVSS requirements for a vehicle of its type and weight. Please note that installation of a safety barrier in vehicles with a GVWR of 4,536 kg (10,000 pounds) or less may require additional considerations as there are different, and often more stringent, requirements for lighter vehicles.

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

Sincerely,

JONATHAN CHARLES MORRISON

Digitally signed by JONATHAN CHARLES MORRISON 

Date: 2020.06.04 19:42:26 -04'00'

Jonathan C. Morrison Chief Counsel

Dated: 6/4/20

Ref: FMVSS No. 205

ID: aiam3664

Dear Mr. Ostermeier: Thank you for your letter of February 4, 1983, supplying the furthe information we requested on January 28.; The 1955 Mercedes replica which you contemplate building is a hybrid o new and old parts. The body is of your construction and consists of new parts. You fabricate the chassis using new tubing, however, its front cross member may be either a new replacement Mustang part (1974-1978 models) or one actually taken from a vehicle in use. Similarly, the front suspension, differential and rear suspension, and transmissions may be new replacement parts or taken from vehicles in use. You will employ used rear wheel cylinders in the braking system and used engines (either a 1964 Chrysler Slant 6 or a 1969 Chevrolet V-8). Any equipment that has previously been used will be rebuilt to the manufacturer's specifications, and new parts will be incorporated where necessary.; As a general rule, the agency has no requirements for 'used' vehicles Whether a vehicle is treated as new or used depends on the origin of its parts. For example, we regard an assemblage consisting of a new body on the chassis of a vehicle previously registered for use on the public roads as a 'used' motor vehicle and therefore not subject to the Federal motor vehicle standards. On the other hand, the agency will consider a truck newly manufactured when an old cab is replaced with a new one unless at least the engine, transmission, and drive axle of the assembled vehicle are not new and at least two of these components were taken from the same vehicle.; The vehicle you propose to manufacture is somewhat different fro either of these examples, but we have concluded that it is a 'new' motor vehicle and must comply with Federal motor vehicle safety standards applicable to new passenger cars. Not only do previously unused parts appear to predominate in your plans, but, in addition, the old parts that are used will be rebuilt with new parts where necessary, to the manufacturer's original specifications. With the exception of the 1964 engine, the rebuilt components were originally used in vehicles manufactured to meet the Federal motor vehicle safety standards and there appears no reason why your product may not also be manufactured to comply, even though it is a replica of a 1955 car.; Use of the 1964 engine could raise problems of compliance with Safet Standard No. 124, *Accelerator Control Systems*, and with Safety Standard No. 301, *Fuel System Integrity*. However, in that event, we believe that you (as a producer of less than 10,000 vehicles a year) would be eligible to apply for a temporary exemption from those standards, or any other standard where immediate compliance would cause you substantial economic hardship. I enclose an information sheet which tells you where you may obtain a copy of our regulations, including the standards and temporary exemption petition procedures.; If you have further questions, we would be happy to assist you. Sincerely, Frank Berndt, Chief Counsel

ID: aiam3936

Dear Justice Kramer: Thank you for your letter of March 14, 1985, concerning a case pendin before you that involves tinted side windows in a 1980 BMW. You asked us to provide you with information concerning the marking that appeared on the windows. I hope the following discussion of our glazing standard and the significance of the window markings is of assistance to you.; NHTSA has the authority, under the National Traffic and Motor Vehicl Safety Act, (15 U.S.C. 1391 *et seq*.), to establish Federal motor vehicle safety standards for new motor vehicles. We have issued Standard No. 205, *Glazing Materials*, which sets performance and other requirements for different items of glazing used in new motor vehicles. (I have enclosed a copy of the standard that was in effect for 1980 model year cars. Also enclosed is the American National Standards Institute (ANSI) Standard No. Z-26 incorporated by reference in Standard No. 205).; The standard requires that glazing used in locations requisite fo driving visibility have a luminous transmittance of 70 percent. The agency has considered all windows in a passenger car requisite for driving visibility. Thus, the side windows of a new 1980 BMW imported into the U.S. would have had to comply with the 70 percent luminous transmittance requirement.; Section S6 of Standard No. 205 requires glazing to have four items o identifying information on it. The four items are: a manufacturer's identification code assigned by our agency, the model number of the glazing assigned by the glazing manufacturer, the manufacturer's trademark or distinctive designation and an 'AS' number indicating that it meets all of the performance requirements set for that glazing item number.; The markings you provided us from the side windows of a 1980 BM indicate the following. The marking 'DOT 25' and 'DOT 28' are code numbers assigned by this agency to prime glazing manufacturers. DOT 25 is the code number assigned to Flachglas AG of Bayern, Federal Republic of Germany. DOT 28 is the code number assigned to Vereinigte Glaswerke of Porz, Federal Republic of Germany. The markings 'M202' and 'MIOZ' (based on our experience with manufacturer's model number, we believe that 'MIOZ' is a transcription error and should read 'M102') are model numbers assigned by the glazing manufacturers. The markings 'AS 2' signify that the glazing meets the requirement set in ANSI Z-26 for AS 2 glazing materials. The requirements for AS 2 glazing materials include a requirement in section 4.2 of ANSI Z-26 that AS 2 glazing meet the 70 percent luminous transmittance test of section 5.2. We believe the marking 'Delodur - 1F Liz Sekurit' and 'Duro-Glas - 1F Liz Sekurit' are the trademarks or other distinctive designations assigned by the manufacturers. We do not know what the markings 'BS 5282T', D-295' and (sic)MD-291' represent, but we believe the latter two represent European manufacturer identification codes.; I hope this information is of assistance to you. If you have furthe questions, please let me know.; Sincerely, Jeffrey R. Miller, Chief Counsel

ID: aiam2698

Dear Mr. Zeiler: This responds to your September 26, 1977, letter asking severa questions about the applicability of Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars*, to rims modified subsequent to their initial marking by the rim manufacturer.; Standard No. 120, as it applies to rim manufacturers, requires onl that the manufacturer mark the rim with the information outlined in section S5.2 of the standard, The standard does not contain substantive performance requirements for tire rims that would necessitate extensive testing to comply with the requirements.; In cases where your client modifies previously marked rims, he migh have some responsibilities for compliance with the standard. For those rims where the center disc is only added or altered by your client, there would be no requirement for him to provide his own markings on the tire rim. The rim manufacturer's markings would still contain the accurate size information.; For rims that your client modifies by the insertion of a steel plat increasing the dimensions of the rim, he becomes the rim manufacturer, As a rim manufacturer, it is his responsibility to mark the rim with the information listed and in the manner prescribed in S5.2 of the standard. This information includes the DOT symbol which indicates that he has complied with the requirements of Standard No. 120. Since the rim would have been marked initially with a different size, the National Highway Traffic Safety Administration (NHTSA) would require that the first markings be removed from the rim the avoid the possibility of confusion to persons who might read the incorrect size listing. This could result in the mismatching of a tire to the modified rim.; In a conversation between Ms. Maryanne Kane of your office and Mr Roger Tilton of my staff, it was asked whether the NHTSA Standard No, 120 requirements would be applicable to rim manufactured entirely for off-road use. The NHTSA regulates only motor vehicles and motor vehicle equipment. by definition a motor vehicle is a vehicle used on the roads. Accordingly, vehicles designed for off-road use do not fall within the ambit of our regulations. The same is true for equipment designed for use on those off-road vehicles. The determination of whether a vehicle is an off-road vehicle depends upon its use. I have enclosed an interpretive letter that described the criteria for determining what vehicles are motor vehicles under the National Traffic and Motor Vehicle Safety Act (Pub. L. 89-563) (the Act).; You should note further that any time your client undertakes a alteration of a rim, he is performing a manufacturing function that places him within the scope of the Act. Therefore, he would be responsible for any safety-related defects resulting from his manufacturing processes.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam4122

Dear Mr. Davenport: This is to follow up on your phone conversation with Stephen Oesch o my staff concerning the effect of Federal regulations on the tinting of motor vehicle windows. I hope the following discussion answers your questions.; Some background information on how Federal motor vehicle safety law and regulations affect the tinting of vehicle windows may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act, to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. We have issued Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials*, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars).; You first asked if the Federal motor vehicle safety standards apply t foreign vehicles sold in the United States. As with all our standards, Standard No. 205 applies to any new vehicle, whether made by a foreign or domestic company, manufactured for sale in the United States. Thus, no manufacturer or dealer is permitted to install solar films and other sun screen devices, such as the one described in your letter, in *new* vehicles without certifying that the vehicle continues to be in compliance with the light transmittance and other requirements of the standard. Violation of Standard No. 205 can result in Federal civil penalties of up to $1,000 for each violation. In addition, a manufacturer of a vehicle that does not comply with our standards is required to remedy any noncompliances in its vehicles.; You also asked how Federal law affects businesses that tinted th windows of used vehicles. After a vehicle is first sold to a consumer, modifications to a vehicle are affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from tampering with safety equipment installed on a vehicle in compliance with our standards. Thus, no dealer, manufacturer, repair business or distributor can install a sun screen device for the owner of the vehicle, if the device would cause the window not to meet the requirements of Standard No. 205. Violation of the section 108(a)(2)(A) can result in Federal civil penalties of up to $1,000 for each violation.; Section 108(a)(2)(A) does not affect vehicle owners, who may themselve alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may install sun screening devices regardless of whether the installation adversely affects the light transmittance. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from using sun screens in their vehicles.; If you need further information, please let me know. Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam3663

Dear Mr. Ostermeier: Thank you for your letter of February 4, 1983, supplying the furthe information we requested on January 28.; The 1955 Mercedes replica which you contemplate building is a hybrid o new and old parts. The body is of your construction and consists of new parts. You fabricate the chassis using new tubing, however, its front cross member may be either a new replacement Mustang part (1974-1978 models) or one actually taken from a vehicle in use. Similarly, the front suspension, differential and rear suspension, and transmissions may be new replacement parts or taken from vehicles in use. You will employ used rear wheel cylinders in the braking system and used engines (either a 1964 Chrysler Slant 6 or a 1969 Chevrolet V-8). Any equipment that has previously been used will be rebuilt to the manufacturer's specifications, and new parts will be incorporated where necessary.; As a general rule, the agency has no requirements for 'used' vehicles Whether a vehicle is treated as new or used depends on the origin of its parts. For example, we regard an assemblage consisting of a new body on the chassis of a vehicle previously registered for use on the public roads as a 'used' motor vehicle and therefore not subject to the Federal motor vehicle standards. On the other hand, the agency will consider a truck newly manufactured when an old cab is replaced with a new one unless at least the engine, transmission, and drive axle of the assembled vehicle are not new and at least two of these components were taken from the same vehicle.; The vehicle you propose to manufacture is somewhat different fro either of these examples, but we have concluded that it is a 'new' motor vehicle and must comply with Federal motor vehicle safety standards applicable to new passenger cars. Not only do previously unused parts appear to predominate in your plans, but, in addition, the old parts that are used will be rebuilt with new parts where necessary, to the manufacturer's original specifications. With the exception of the 1964 engine, the rebuilt components were originally used in vehicles manufactured to meet the Federal motor vehicle safety standards and there appears no reason why your product may not also be manufactured to comply, even though it is a replica of a 1955 car.; Use of the 1964 engine could raise problems of compliance with Safet Standard No. 124, *Accelerator Control Systems*, and with Safety Standard No. 301, *Fuel System Integrity*. However, in that event, we believe that you (as a producer of less than 10,000 vehicles a year) would be eligible to apply for a temporary exemption from those standards, or any other standard where immediate compliance would cause you substantial economic hardship. I enclose an information sheet which tells you where you may obtain a copy of our regulations, including the standards and temporary exemption petition procedures.; If you have further questions, we would be happy to assist you. Sincerely, Frank Berndt, Chief Counsel

ID: aiam4172

Dear Mr. Peck: Thank you for your letter of May 19, 1986, asking how our regulation apply to your product, which is called the 'Rearscope Wide Angle Lens.' Your letter and the brochure you enclosed describes your product as a wide angle acrylic lens which mounts on the rear window of a bus and gives the driver a wider field of view to the rear of the vehicle. I hope the following discussion answers your questions.; By way of background, the National Highway Traffic Safet Administration has the authority to issue safety standards applicable to new motor vehicles and certain 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 National Traffic and Motor Vehicle 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 other alleged safety-related defects.; We have issued Federal Motor Vehicle Safety Standard No. 205, *Glazin Materials*, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars) as well as other performance requirements for glazing.; Standard No. 205 does not directly apply to add-on window coverings such as tinting films, sunscreening devices, and lens. However, no manufacturer or dealer is permitted to install a device on the glazing, such as the viewing lens described in your letter, in *new* vehicles without certifying that the vehicle continues to be in compliance with the light transmittance and other requirements of the standard.; After a vehicle is first sold to a consumer, modifications to a vehicl are affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from tampering with safety equipment installed on a vehicle in compliance with our standards. Thus, no dealer, manufacturer, repair business or distributor can install a device for the owner of the vehicle, if the device would cause the window not to meet the requirements of Standard No. 205. Violation of the 'render inoperative' provision can result in Federal civil penalties of up to $1,000 for each violation.; Section 108(a)(2)(A) does not affect vehicle owners, who may themselve alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may install any type of device regardless of whether the installation adversely affects the window. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to regulate the use of viewing devices in vehicles.; If you need further information, please let me know. Sincerely, Erika Z. Jones, Chief Counsel