ID: aiam4773

Dear Herr Westermann: This is in reply to your letter to Dr. Burgett o this agency with respect to 'multi bulb devices', specifically 'how the requirements for one-, two-, or three compartment lamps (lighted sections) as it is documented in FMVSS No. 108, Figure lb have to be interpreted. . . .' You have asked this question because 'Hella would like to equip motor vehicles with signalling devices which have --opposite to conventional lamps--a great number of replaceable miniature bulbs instead of e.g. one 32 cp bulb.' Your question assumes that Standard No. 108 is to be interpreted in a manner that equates the number of lighted sections with the number of bulbs providing the light. Finally, you have stated that the total area of the lamp is not larger than current one-compartment lamps. We regret the delay in responding to your letter, but we have recently completed rulemaking, begun in September l988, which is relevant to your question. On May 15, l990, an amendment to Standard No. 108 was published, effective December 1, l990, the effect of which is to restrict Figure 1b to replacement equipment. I enclose a copy of the amendment for your information. Your question relates to 'signalling devices' for new motor vehicles, and Figure 1b shows that, specifically, you refer to turn signal lamps. Beginning December l, l990, Standard No. 108 will specify two different standards for turn signal lamps. If the lamp is intended for use on multipurpose passenger vehicles, trucks, buses, and trailers whose overall width is 80 inches or more, it must be designed to conform to SAE Standard J1395 APR85 Turn Signal Lamps for Use on Motor Vehicles 2032 mm or More in Overall Width. SAE J1395 also provides that these lamps may be used on vehicles less than this width, except for passenger cars. If a motor vehicle is not equipped with a turn signal lamp designed to conform to SAE J1395, it must be equipped with a turn signal lamp designed to conform to SAE Standard J588 NOV84 Turn Signal Lamps for Use on Motor Vehicles Less Than 2032 mm in Overall Width. In the May l990 amendments, section S3 of Standard No. 108 was amended to add a definition for 'Multiple Compartment Lamp'. Such a lamp is 'a device which gives its indication by two or more separately lighted areas which are joined by one or more common parts, such as a housing or lens.' The multiple bulb device that you described appears to meet this definition. SAE J1395 establishes luminous intensity minima and maxima photometric requirements without reference to either compartments or lighted sections, and all that is required is for the lamp to comply at the individual test points specified. New section S5.1.1.31 clarifies that measurements of a multiple compartment turn signal lamp on vehicles to which SAE J1395 applies are to made for the entire lamp and not for the individual compartments. However, SAE J588 NOV84 continues to specify different minimum photometric requirements for one, two, and three 'lighted sections'. Because the SAE does not prescribe photometric requirements for more than three lighted sections, we have concluded that any device that contains more than three lighted sections need only comply with the requirements prescribed for three lighted sections. I hope that this is responsive to your request. Sincerely, Paul Jackson Rice Chief Counsel;

ID: aiam5318

"Dear Mr. Willingham: This responds to your February 1, 1994, letter t me about the National Highway Traffic Safety Administration's (NHTSA's) consumer information regulation for utility vehicles (49 CFR 575.105, Utility Vehicles). The regulation, Part 575.105, requires manufacturers to permanently affix a prescribed sticker in a prominent location of each utility vehicle to alert drivers of the handling differences between utility vehicles and passenger cars. You asked about the meaning of the word 'permanent' as used in Part 575.105. In a May 1984 final rule establishing Part 575.105 (copy enclosed), NHTSA said that the label 'should be of a permanent nature' and concurred with a comment on the proposed rule that the label should be permanently affixed so that, among other reasons, subsequent vehicle owners are made aware of the utility vehicle's handling characteristics. NHTSA believed specifying precisely how the label is to be permanently affixed would be design restrictive. However, we stated in the enclosed final rule that stickers such as the placard required by paragraph S4.3, Federal Motor Vehicle Safety Standard No. 110, Tire Selection and Rims, would be considered adequate. You also asked 'to whom is Part 575.105 directed (i.e., manufacturer, distributor, dealership)... or a seller of a used vehicle.' The regulation applies to the manufacturer and seller of a new vehicle, not to a seller of a used vehicle. The regulation was issued under sections 103, 112 and 119 of the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1381, et seq. (hereinafter Safety Act). Section 103 authorizes NHTSA to issue and amend Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. Section 112(d) (15 U.S.C. 1401(d)) authorizes NHTSA: ' T o require the manufacturer (of motor vehicles and motor vehicle equipment) to give such notification of such performance and technical data as the Secretary determines necessary to carry out the purposes of this Act in the following manner -- (1) to each prospective purchaser of a motor vehicle or item of equipment before its first sale for purposes other than resale . . ., and (2) to the first person who purchases a motor vehicle or item of equipment for purposes other than resale . . . . Section 119 confers general rulemaking authority to issue rules to effectuate the express grants of authority and the obligations imposed by the Safety Act. Sections 103, 112 and 119 of the Safety Act authorize NHTSA to require the consumer information label up to the delivery of the new vehicle to the consumer who first purchases the vehicle 'for purposes other than resale'. NHTSA cannot require sellers of used vehicles to restore missing labels prior to sale of the used vehicles, or prohibit a vehicle owner from removing or defacing the label. You also asked for documents regarding the drafting and interpretation of Part 575.105. Please find enclosed copies of the following: Notice of Proposed Rulemaking, dated December 30, 1982 (47 FR 58323), final rule, dated May 11, 1984 (49 FR 20016), final rule, response to petitions for reconsideration, dated August 10, 1984 (49 FR 32069), and letter to Lawrence F. Henneberger, Esq., dated August 15, 1984. For future reference, copies of NHTSA's interpretation letters can be obtained from the agency's docket section. The address for the docket is 400 Seventh St., S.W., room 5108, Washington, D.C., 20590, telephone (202) 366-4949. I hope this information is helpful to you. Should you have any further questions or need any further information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures";

ID: aiam4670

"Dear Mr. Rickert: Thank you for your letter seeking this agency' opinion as to whether the State of Maryland may amend its motor vehicle regulations to permit the installation of aftermarket tinting on motor vehicle windows, for individuals who may desire this for medical reasons. I am pleased to have this opportunity to describe the legal principles that relate to your question. The National Highway Traffic Safety Administration ('NHTSA') is responsible for issuing Federal motor vehicle safety standards that impose requirements for specific levels of safety performance for new motor vehicles and motor vehicle equipment. Federal Motor Vehicle Safety Standard No. 205, Glazing Materials (49 CFR 571.205), which has been in effect since 1968, imposes a minimum level of light transmittance of 70 percent in all areas requisite for driving visibility (which includes all windows on passenger cars). The purpose of this requirement is to ensure adequate visibility through the windows, thereby reducing the risk of a motor vehicle crash. Although Federal motor vehicle safety standards apply directly only to new vehicles and equipment, Federal law also imposes limits on the addition of tinting materials to motor vehicle glazing after vehicles have been purchased by consumers. Pursuant to section 108(a)(2) of the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1397(a)(2), manufacturers, distributors, dealers, or motor vehicle repair businesses may not 'render inoperative' any equipment or element of design installed in compliance with a Federal safety standard. Thus, those businesses may not install tinting that reduces the light transmittance of windows covered by Standard 205 to a level below the Federal requirement of 70 percent, since that would make the windows 'inoperative' within the meaning of Standard 205. This Federal prohibition is similar to that imposed by section 22-104 of the Maryland Vehicle Law, which provides: A person may not willfully or intentionally remove or alter any safety device or equipment that has been placed on any motor vehicle . . . in compliance with any law, rule, regulation, or requirement of . . . the United States or of this State . . . unless the removal or alteration is permitted by rule or regulation adopted by the Maryland Motor Vehicle Administrator. The 'render inoperative' provision of Federal law does not apply to actions by individual vehicle owners. Therefore, each State may regulate the extent to which aftermarket tinting may be applied by vehicle owners to their own vehicles. Thus, although section 22-104 appears to preclude aftermarket tinting by any person if the result would be to reduce the level of light transmittance below 70 percent, Maryland may amend its rules or regulations to permit such tinting by individuals, for medical or any other reasons deemed valid by the State. However, Maryland has no authority to grant any exemptions, including medical exemptions, from the 'render inoperative' prohibition of Federal law that applies to commercial entities. Hence, regardless of any provisions of Maryland law, no manufacturer, distributor, dealer, or motor vehicle repair business may legally install window tinting film on a vehicle, unless the vehicle continues to comply with the Federal light transmittance requirements. In adopting Standard 205, NHTSA determined that a minimum light transmittance of 70 percent is necessary to meet the need for motor vehicle safety. This is the same level of light transmittance contained in the Safety Code of the American National Standards Institute. If, as your letter suggests, Maryland is considering permitting vehicle owners to modify their vehicles such that their windows will have a lower level of light transmittance, we would urge you to carefully consider the safety consequences of such an exemption. Please let me know if you need any further information on this subject. Sincerely, Paul Jackson Rice Chief Counsel";

ID: aiam4979

"Dear Mr. Friedkin: This responds to your letter asking about th certification of a converted vehicle. You explained that your client leased a 1986 Mercedes and that as part of the lease agreement, Coachbuilders Ltd converted the vehicle from a hardtop to a convertible. In a pending lawsuit, your client is alleging that Coachbuilders did not recertify the vehicle after conversion and that the conversion did not conform with the National Traffic and Motor Vehicle Safety Act ('Safety Act,' 15 U.S.C. 1381). You asked the agency to explain our regulations about conversion and recertification. I am pleased to have this opportunity to do so. The agency's certification regulation requires the manufacturer of a new vehicle to certify that the vehicle conforms to all applicable safety standards in effect on the date of manufacture (567.4 and 567.5). Persons that alter certified vehicles before the first purchase of the vehicle in good faith for purposes other than resale are required to allow the original certification label to remain in place and to add an additional label stating that the vehicle as altered continues to conform to all applicable standards (567.7). Once a vehicle is purchased for purposes other than resale, there is no requirement for an alterer to certify the vehicle's compliance with the standards. The Safety Act, in 114, requires manufacturers and distributors of motor vehicles to certify the vehicles' compliance, but does not extend this requirement to other persons. The Safety Act further provides, in 108(b)(1), that the requirement for a vehicle to comply with all applicable safety standards does not apply after the first purchase for purposes other than resale. In this case, we would consider the purchase by the leasing company to be the first purchase of the vehicle for purposes other than resale. If the modifications were made before that purchase, the modifier would have been required by 567.7 to certify that the altered vehicle continued to conform with the applicable safety standards. If, however, the modifications were made after the leasing company had purchased the vehicle, the modifier would not have been required to make any certification that the modified vehicle continued to conform to all applicable safety standards. If modifications were made after the leasing company purchased the vehicle, the only provision of Federal law that would apply would be section 108(a)(2)(A) of the Safety Act. That section provides in relevant part that: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard. In general, this section 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. However, 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' prohibition, as long as the converted vehicle complies with those safety standards that would have applied if the vehicle had been originally manufactured as the new type. In the case of your client's 1986 Mercedes, there would be no violation of the 'render inoperative' prohibition if the car, as modified, complied with those standards that were applicable to 1986 convertible passenger cars. 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, Paul Jackson Rice Chief Counsel";

ID: aiam4136

Dear Mr. Ogletree and Mr. Gaski: Thank you for your letter of March 28, 1986, asking how our regulation would affect a product you intend to manufacture both as an aftermarket item of motor vehicle equipment and as an item of original equipment on some vehicles imported into this country. You described the product as a sun visor that clips onto a vehicle's regular visor. You further explained that the sun visor has an extension arm that allows the visor to be moved to filter out the sun coming in through the window to the left of the driver, or moved below the original equipment visor between the two original equipment visors. I hope the following discussion explains how our regulations affect your proposed visor.; Some background information on how Federal motor vehicle safety law and regulations affect your product 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. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the 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. As explained below, installation of your proposed sun visor in new and used vehicles would be affected by our regulations. In addition, any manufacturer of motor vehicle equipment is subject to the requirements of the Vehicle Safety Act concerning the recall and remedy of products with noncompliances or defects related to motor vehicle safety.; 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).; No manufacturer or dealer is permitted to install solar films and othe sun screen devices, such as the sun visors 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 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 '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 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: aiam4970

"Dear Mr. Brownstein: This responds to your letter, requesting that th agency clarify a provision in Standard No. 120, Tire Selection and Rims for Motor Vehicles Other than Passenger Cars. (49 CFR 571.120) Specifically, you asked whether under section S5.1.3, a vehicle manufacturer could, if requested by the purchaser, install retreaded tires procured by the manufacturer on a new vehicle. You stated that allowing the vehicle manufacture to buy retreaded tires would be more efficient and would help the truck owner to avoid having to make a separate purchase. I welcome this opportunity to respond to your request for an interpretation. Section S5.1.3 of Standard No. 120 states: In place of tires that meet the requirements of Standard No. 119, a truck, bus, or trailer may at the request of a purchaser be equipped at the place of manufacture of the vehicle with retreaded or used tires owned or leased by the purchaser, if the sum of the maximum load ratings meets the requirements of S5.1.2. Used tires employed under this provision must have been originally manufactured to comply with Standard No. 119, as evidenced by the DOT symbol. For the vehicle manufacturer to install retreaded or used tires on a new truck, bus, or trailer, section S5.1.3 specifies that five conditions must be satisfied. These are: (1) the purchaser must request such a retreaded or used tire, (2) the vehicle must be equipped with the retreaded or used tire at the vehicle's place of manufacture, (3) the retreaded or used tire to be installed must be owned or leased by the purchaser, (4) the sum of the maximum load ratings of the tires on each axle must be not less than the gross axle weight rating of that axle, and (5) used tires equipped on the vehicle must have been originally manufactured to comply with Standard No. 119 (and contain the DOT certification symbol). Your letter indicates that in buying the retreaded tires at the purchaser's request, PACCAR's actions would comply with the first condition (and presumably the second condition). However, since PACCAR and not the vehicle purchaser would supply the tire, your requested action clearly would not comply with the third condition which requires the retreaded or used tire to be owned by the purchaser. This condition permits a purchaser to order a new vehicle without any tires and install any tire it may choose. It is not clear from your letter whether the fourth condition would be satisfied. The fifth condition is not applicable to retreaded truck tires, since such tires are not required to have a DOT certification symbol on their sidewalls. Based on the above, we conclude that having a vehicle manufacturer supply a retreaded or used tire for a new vehicle would not comply with S5.1.3. We disagree with your view that the purpose of section S5.1.3 is to allow the purchaser to choose whether the new vehicle has retread tires and to ensure it has knowledge of this fact. As discussed in the enclosed Federal Register notice, the purpose of the provision is to accommodate a practice in which fleet operators send tires from their tire banks to the vehicle manufacturer for installation on new vehicles they buy. A tire bank is composed of tires with usable tread left on them which have been taken off vehicles no longer in service. (49 FR 20822, 20823, May 17, 1984). 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, Paul Jackson Rice Chief Counsel Enclosure";

ID: aiam3954

Dear Mr. Nakaya: Please forgive our delay in responding to your letter of May 30, 1984 asking for interpretations of Standard No. 108 as it applies to center high-mounted stoplamps.; In your letter you stated that the preamble to the final rule discusse the definition of 'window opening' and concluded that the rear window opening shall be the perimeter of the rear glazing that is unobstructed and free of opaqueness. You have presented two rear window designs in which (1) ceramic opaque dots descend in increasing size to the bottom of the glazing and in which (2) shaded material becomes progressively darker as it descends, though the material is translucent, not opaque. You also show a design with an interior-mounted windshield wiper, including motor and cover, placed on the rear vertical centerline above the bottom of the glazing. In each instance you have asked at what point would the National Highway Traffic Safety Administration (NHTSA) consider an 'obstruction' exists for purposes of defining the bottom of the window.; The phrase 'window opening' does not appear in Standard No. 108. Th preamble discussion appears to be irrelevant with respect to the final rule, and was intended as a clarification of proposed location requirements which, in fact, were not adopted. The notice of proposed rulemaking of January 8, 1981, proposed a definition of 'daylight opening' as 'the maximum unobstructed opening through the glazing surface...,' relating to three alternative locations proposed for the lamp in which the term 'daylight opening' was used as a locational reference. For instance, in Alternative 1, proposed paragraph S4.3.1.9(a) would have placed 'the center of the lamp within 3 inches of the outside bottom edge of the rear window daylight opening.' When the final rule was adopted in October 1983, none of the three alternatives was judged acceptable and a requirement allowing more design freedom was adopted omitting all reference to 'daylight opening.' Paragraph S4.3.1.8 simply specified that 'no portion of the lens shall be higher than the top of the back window or lower than three inches below the bottom of the back window. The requirement was even further relaxed in the May 1984 response to petitions for reconsideration in which paragraph S4.3.1.8 was amended to allow mounting 'at any position on the centerline' (note, no limitation on upper mounting height relative to the rear window) and if 'mounted below the rear window, no portion of the lens shall be lower than 6 inches on convertibles, or 3 inches on other passenger cars.' The preamble also clarified that, if the lamp were mounted on the interior, photometric compliance would be judged with the glazing in place.; Thus, whether glazing is opaque or obstructed is not the question manufacturer must ask in determining the location of the lamp with respect to the lower edge of the window. If the lamp is mounted on the interior, it must meet photometric and visibility requirements with the glazing in place, taking into account any graduated dots on or opaqueness of that glazing, and any wiper motor. If the lamp is mounted on the outside, its upper permissible height is determined by the height of the car and not by the window. The question of opaqueness or obstruction is irrelevant to the lower permissible height of 3 inches below the window. The window is the perimeter of its glazing, and 3 inches is measured from the lower edge.; Sincerely, Jeffrey R. Miller, Chief Counsel

ID: aiam3685

Dear Senator Percy: This responds to your letter of April 11, 1983 (Ref. 3098500010 requesting information on behalf of your constituent, Mrs. D. Parutti. Mrs. Parutti is concerned about the growing practice of persons installing darkly tinted film on passenger car windows. She believes this is a dangerous practice because it prevents other drivers from seeing inside the vehicles. Following is a discussion of the implications under Federal law of installing these tinting films.; A Federal regulation already exists which, under certain circumstances precludes the practice referred to by Mrs. Parutti. The National Highway Traffic Safety Administration has the authority to govern the manufacture of new motor vehicles and motor vehicle equipment. Pursuant to the National Traffic and Motor Vehicle Safety Act, we have promulgated 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 percent in areas requisite for driving visibility, which includes all windows in passenger cars) and abrasion resistance. This specification for light transmittance precludes darkly-tinted windows in new automobiles.; The agency has stated in past interpretations that solar films such a the type referred to in Mrs. Parutti's letter are not glazing materials themselves, and would not have to comply with Standard No. 205. However, installation of such films on new motor vehicles would be prohibited if the vehicle glazing no longer complied with the light transmittance or abrasion requirements of the standard. If a vehicle manufacturer or a dealer places the film on glazing in a vehicle prior to sale of the vehicle, that manufacturer or dealer has to certify that the glazing continues to be in compliance with the requirements of Standard No. 205. Section 108(a)(1) prohibits any person from offering for sale or selling any motor vehicle or equipment that fails to comply with applicable safety standards.; After a new vehicle has been sold to the consumer, he may alter hi vehicle as he pleases, so long as he adheres to all State requirements. Under Federal law, the owner could install the tinting film on glazing in his vehicle whether or not such installation adversely affected the light transmittance and abrasion resistance of his vehicle's glazing. It should be noted, however, that section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act provides that 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 in compliance with an applicable motor vehicle safety standard. Render inoperative' means to remove, disconnect or degrade the performance of a system or element of design installed pursuant to the Federal safety standards. Thus, none of those persons may knowingly install a solar film on a vehicle for its owner if that act would render inoperative the light transmittance or abrasion resistance of the vehicle glazing. Whether this would be the case would have to be determined by the person making the installation. Violation of this section can result in Federal civil penalties up to $1,000 for each violation.; The individual States must govern the operational use of vehicles b their owners since the agency does not have authority in this area. Thus, it would be up to the States to preclude owners from applying films or one-way glass on their own vehicles. Mrs. Parutti may wish to contact the National Committee on Uniform Traffic Laws (555 Clark Street, Evanston, Illinois 60204) to find out which States have laws that would preclude owners from placing solar film on their automobile windows.; Please contact Hugh Oates of my staff if you have any further question (202- 426-2992).; Sincerely, Frank Berndt, Chief Counsel

ID: 10151rop

Ms. Irene M. Thomas
1627 S. Ironton St.
Aurora, CO 80012

Dear Ms. Thomas:

This responds to your letter asking about safety regulations for a device you call a "CarMobile." The CarMobile is a type of strap to which three rings are sewn. The CarMobile attaches by "velcro" straps to the handrails located at the top of the interior rear car doors. You state that "Toys would be hung from the rings, so that babies and toddlers can play with them as they dangle in front of their carseats."

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, each manufacturer is responsible for "self-certifying" that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards.

In response to your question, there is currently no Federal motor vehicle safety standard (FMVSS) that directly applies to the product you wish to manufacture. However, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. ''30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, while it is unlikely that the CarMobile would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, 49 U.S.C. '30122 prohibits those businesses from installing the device if the installation "makes inoperative" compliance with any safety standard. NHTSA's safety standard for built-in child restraint systems (Standard 213) specifies requirements that ensure that the area surrounding a child in a built-in restraint is free from objects that could injure a child's head in a crash. If the CarMobile's cord and rings cause the vehicle with the built-in restraint to no longer comply with Standard 213, any of the aforementioned parties installing the CarMobile may have violated '30122.

The prohibition of '30122 does not apply to individual owners who install equipment in their own vehicles. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles, and would discourage them from hanging toys or other objects in front of a seated child that could injure the child in a crash. We also wish to point out that any kind of ribbon or line that can wrap around the neck of a child in a crash poses a potential risk of strangulation in a crash. You should consider these and any other relevant safety concerns when designing the CarMobile and when instructing consumers how to use the device.

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

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:213 d:8/26/94 Please note that the "National Traffic and Motor Vehicle Safety Act" and the "Motor Vehicle Information and Cost Savings Act" to which the information sheet refers have recently been recodified in Title 49 of the United States Code. This means that the citations used in the information sheet are outdated; however, the substantive requirements described in the sheet have not changed.

ID: 05-001084drn

Mr. Jim Kaplan
Cornell Dubilier
140 Technology Place
Liberty, SC 29657




Dear Mr. Kaplan:

This responds to your letter asking a number of questions about the regulations of the National Highway Traffic Safety Administration (NHTSA) as applied to your manufacture of pickup truck assemblies. You explain that you want to provide purchasers "all steel cars, with steel panels and steel frames including all the wiring and subassemblies needed for driving with the exception of the drive train". You also explain that you "would like to be able to provide the drive train processing service to the purchaser saving them the trouble of going to two different companies for their finished vehicle".

By way of background, NHTSA has the authority to establish regulations for motor vehicles and motor vehicle equipment (49 U.S.C. Chapter 301, "the Safety Act". ) The Safety Act defines "motor vehicle" in part as a vehicle that is "driven by mechanical power" (49 U.S.C. 30102(a)(6)). The Safety Act defines "manufacturer" as a person "manufacturing or assembling motor vehicles or motor vehicle equipment; or.importing motor vehicles or motor vehicle equipment for resale". 49 U.S.C. 30102(a)(5).

We have stated in past interpretation letters that a unit would be considered only an assemblage of motor vehicle equipment, and not a motor vehicle, until such time as a power source is added. (July 9, 1993, letter to Christopher Banner, copy enclosed. ) We have also stated in past interpretation letters that, if an unassembled vehicle were sold with all of the parts needed to produce a completed vehicle, we would treat the unassembled vehicle as a motor vehicle for purposes of our regulations. (See February 16, 2005, letter to Kevin Alsop, copy enclosed. )

If you did not provide the drive train, you would not be considered as selling a motor vehicle. However, you describe an arrangement in which you would charge the purchaser the total price of the vehicle with a processing fee and engine installation fee. You would have the vehicle sent to the engine installer, and would pay the engine installer its fee for installing the engine. The engine installer would then send the vehicle back to you so the purchaser could pick it up from you. We believe that in this situation, you are providing the power source with the assemblage. You are charging the customer for the complete truck, and the engine installer appears to be akin to just a subcontractor to your company. Accordingly, in this situation, we would consider the unassembled vehicle to be a "motor vehicle" and you to be a motor vehicle manufacturer.

Your first several questions ask about parties responsibilities for complying with the Federal motor vehicle safety standards (FMVSSs). Under the Safety Act, manufacturers of motor vehicles have the responsibility to certify that their vehicles comply with all applicable FMVSSs. Note that under 49 CFR 567.4(g)(1)(ii):

If a vehicle is fabricated and delivered in complete but unassembled form, such that it is designed to be assembled without special machinery or tools, the fabricator of the vehicle may affix the [certification] label and name itself as the manufacturer[. ](Emphasis added.)

Your fourth question asked, "Can I provide a vehicle identification number (VIN) for registration purposes?If so, who would provide that, us or the installer?"As the vehicle manufacturer, your company is responsible for assigning VINs to the trucks, and must ensure that the trucks meet all VIN requirements specified in 49 CFR Part 565, Vehicle Identification Number Requirements.

Your last question asked about supplying a warranty for the vehicle. Our regulations do not govern this issue.

I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at 202-366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:567
d.3/17/05