ID: nht94-6.38

DATE: April 12, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ted H. Richardson -- Fleet Coordinator, Priefert Manufacturing Company, Inc. (Mt. Pleasant, Texas)

TITLE: None

ATTACHMT: Attached to letter dated 12/15/93 from Ted H. Richardson to Office of Chief Counsel, NHTSA (OCC 9478)

TEXT:

This responds to your letter and telephone call to this office asking our opinion regarding Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims for motor vehicles other than passenger cars. Your letter referenced a telephone conversation with Walter Myers of my staff about the applicability of FMVSS 120 to your product. As Mr. Myers informed you, the answer to your question depends on whether your product, the "Wishbone Carriage" used to position and carry the "Priefert livestock chute" is a "motor vehicle" (i.e., trailer) under our Safety Act and regulations. Based on the information we have, we believe the answer is no.

By way of background information, the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. S1381, et seq. (Safety Act), authorizes this agency, the National Highway Traffic Safety Administration (NHTSA), to issue safety standards applicable to motor vehicles. Section 102(3) (15 U.S.C. S1391(3)) of the Safety Act defines motor vehicle as:

(A)ny vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

NHTSA further defines "trailer" in 49 CFR 571.3 as:

(A) motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle.

Your letter enclosed a brochure containing pictures and other information relating to the livestock chute (Priefert Squeeze Chute, Model 91). The chute is farm equipment. The upper 2/3 of the chute is constructed of steel bars, while the lower 1/3 is composed of steel panels on both sides that can be lowered or removed. The chute comes with such accessories as head gate, tail gate, and calf table. The chute is positioned on the ground in a barnyard, feed lot, pasture, or field. It is used to channel livestock or, with the head and/or tail gate in place, to immobilize an animal for medicating, branding, tagging, and the like. Your information also describes the carriage that transports the chute. The Wishbone Carriage is a 2-wheeled U-shaped dolly which is designed to be manually attached to special fittings on the chute. With the carriage thus attached, the chute can be towed by vehicle to the next job site. Once at the next job site, the wheeled carriage is detached and the chute is once again placed on the ground for use.

Whether the Wishbone Carriage is a motor vehicle (trailer) depends on its on-road use. This agency has consistently held that vehicles designed and sold solely for off-road use, such as airport runway vehicles and underground mining equipment, are not considered motor vehicles even though they may be operationally capable of highway travel. Vehicles that have an abnormal body configuration that readily distinguishes them from other highway vehicles and that have a maximum speed of 20 miles per hour are not considered motor vehicles. Agricultural equipment, such as tractors, as well as equipment that uses the highways solely to move between job sites and which typically spend extended periods of time at a single job site, are not considered motor vehicles. That is because the use of these vehicles on the public roadways is intermittent and merely incidental to their primary off-road use.

We have determined that the Wishbone Carriage is not a motor vehicle, because it appears it will be primarily used to transport the chute from job site to job site on the farm. Not being a motor vehicle, the Federal motor vehicle safety standards, including FMVSS No. 120, would not apply to your product.

Please note, however, that if the Carriage is regularly used to carry the chute from farm to farm on public roads, or is used more frequently on the public roads than the use we anticipate, the agency may reexamine the determination that the carriage is not a motor vehicle. Also, you may wish to consult your attorney for information on possible operational restrictions on your product, such as State licensing and use laws and product liability.

I hope this information is helpful to you. We have enclosed a copy of FMVSS 120 and provided you our definition of a trailer, as you requested. Should you have any further questions or need additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

ID: nht94-2.34

TYPE: Interpretation-NHTSA

DATE: April 12, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ted H. Richardson -- Fleet Coordinator, Priefert Manufacturing Company, Inc. (Mt. Pleasant, Texas)

TITLE: None

ATTACHMT: Attached to letter dated 12/15/93 from Ted H. Richardson to Office of Chief Counsel, NHTSA (OCC 9478)

TEXT:

This responds to your letter and telephone call to this office asking our opinion regarding Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims for motor vehicles other than passenger cars. Your letter referenced a telephone c onversation with Walter Myers of my staff about the applicability of FMVSS 120 to your product. As Mr. Myers informed you, the answer to your question depends on whether your product, the "Wishbone Carriage" used to position and carry the "Priefert live stock chute" is a "motor vehicle" (i.e., trailer) under our Safety Act and regulations. Based on the information we have, we believe the answer is no.

By way of background information, the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. S1381, et seq. (Safety Act), authorizes this agency, the National Highway Traffic Safety Administration (NHTSA), to issue safety standards applicable t o motor vehicles. Section 102(3) (15 U.S.C. S1391(3)) of the Safety Act defines motor vehicle as:

(A)ny vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

NHTSA further defines "trailer" in 49 CFR 571.3 as:

(A) motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle.

Your letter enclosed a brochure containing pictures and other information relating to the livestock chute (Priefert Squeeze Chute, Model 91). The chute is farm equipment. The upper 2/3 of the chute is constructed of steel bars, while the lower 1/3 is c omposed of steel panels on both sides that can be lowered or removed. The chute comes with such accessories as head gate, tail gate, and calf table. The chute is positioned on the ground in a barnyard, feed lot, pasture, or field. It is used to channe l livestock or, with the head and/or tail gate in place, to immobilize an animal for medicating, branding, tagging, and the like. Your information also describes the carriage that transports the chute. The Wishbone Carriage is a 2-wheeled U-shaped doll y which is designed to be manually attached to special fittings on the chute.

With the carriage thus attached, the chute can be towed by vehicle to the next job site. Once at the next job site, the wheeled carriage is detached and the chute is once again placed on the ground for use.

Whether the Wishbone Carriage is a motor vehicle (trailer) depends on its on-road use. This agency has consistently held that vehicles designed and sold solely for off-road use, such as airport runway vehicles and underground mining equipment, are not c onsidered motor vehicles even though they may be operationally capable of highway travel. Vehicles that have an abnormal body configuration that readily distinguishes them from other highway vehicles and that have a maximum speed of 20 miles per hour ar e not considered motor vehicles. Agricultural equipment, such as tractors, as well as equipment that uses the highways solely to move between job sites and which typically spend extended periods of time at a single job site, are not considered motor veh icles. That is because the use of these vehicles on the public roadways is intermittent and merely incidental to their primary off-road use.

We have determined that the Wishbone Carriage is not a motor vehicle, because it appears it will be primarily used to transport the chute from job site to job site on the farm. Not being a motor vehicle, the Federal motor vehicle safety standards, inclu ding FMVSS No. 120, would not apply to your product.

Please note, however, that if the Carriage is regularly used to carry the chute from farm to farm on public roads, or is used more frequently on the public roads than the use we anticipate, the agency may reexamine the determination that the carriage is not a motor vehicle. Also, you may wish to consult your attorney for information on possible operational restrictions on your product, such as State licensing and use laws and product liability.

I hope this information is helpful to you. We have enclosed a copy of FMVSS 120 and provided you our definition of a trailer, as you requested. Should you have any further questions or need additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

ID: nht92-3.10

DATE: October 22, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Paul D. Barron -- Professional Technologies International Inc.

TITLE: None

ATTACHMT: Attached to letter dated 8/25/92 from Paul D. Barron to Paul Jackson Rice and Marvin Shaw (OCC-7685)

TEXT:

This responds to your inquiry about this agency's requirements that are applicable to your product, a "UV Heat Shield." Your sales literature explains that this product is a UV protective window film that permits between 88 to 92 percent light transmission through the front Windshield. You state that the UV Heat Shield blocks ultra-violet radiation from entering the vehicle's occupant compartment. I am pleased to have this opportunity to explain our regulations to you.

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

Under the authority of the Safety Act, NHTSA has issued Standard No. 205, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (e.g., 70 percent in areas requisite for driving visibility, which includes all windows in passenger cars). The purpose of this requirement is to ensure driver visibility through the windows, thereby reducing the risk of a motor vehicle crash.

Manufacturers must certify that their new vehicles comply with the requirements of all applicable safety standards. If, before the vehicle were first purchased by a consumer, a subsequent manufacturer or dealer were to install your window film over the glazing, that subsequent manufacturer would be required to certify that the vehicle continues to comply with the requirements of Standard No. 205 with the window film installed. I note that while you state that your window film permits between 88 to 92 percent light transmission through the front windshield, it is the windshield with your product installed that would be required to meet the 70 percent light transmittance requirement.

After a vehicle is first sold to a consumer, modifications to the vehicle are affected by S108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, distributor, dealer, or motor vehicle repair from knowingly "rendering inoperative" any device or element of design installed in a vehicle in compliance with any applicable safety

standard. This provision means that no manufacturer, dealer, distributor, or repair business could install window tinting film if the addition of the tinting film to the glazing would result in a light transmittance of less than 70 percent, or otherwise cause the vehicle to no longer comply with the applicable requirements of Standard No. 205. Violations of this "render inoperative" prohibition can result in Federal civil penalties to the manufacturer, dealer, distributor, or repair business of up to $1,000 for each noncomplying installation.

Section 108(a)(2)(A) of the Safety Act does not affect vehicle owners. Hence, vehicle owners themselves may install tinting film or any other product on the glazing of their vehicle, regardless of whether the installation causes the vehicle to no longer comply with Standard No. 205. Individual States have the authority to regulate the operational use of vehicles by their owners, and, therefore, have the authority to regulate or preclude individual owner modifications to the glazing of their vehicles. If you are interested in further information on the provisions on the provisions of State laws, you may wish to contact the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

In addition, under the Safety Act, the UV Heat Shield would be considered an item of motor vehicle equipment. Your company, as a manufacturer of motor vehicle equipment, would be subject to the requirements in S151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. In the event that NHTSA or the product's manufacturer determines that a product that is an item of motor vehicle equipment contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

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

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

ID: nht88-2.64

TYPE: INTERPRETATION-NHTSA

DATE: 07/08/88

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: NORMAN D. SHUMWAY -- CONGRESS

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 11/29/89 ESTIMATED, FROM JEFFREY R. MILLER -- NHTSA TO JOHN D. DINGELL -- HOUSE; REDBOOK A34; STANDARD 205; LETTER DATED 09/22/89 FROM JOHN D. DINGELL -- HOUSE TO JEFFREY R. MILLER; LETTER DATED 08/25/89 FROM CONSTANCE A. MORELLA -- HOUSE TO NORMAN Y. MINETA -- HOUSE; LETTER DATED 07/31/89 FROM W. MARSHALL RICKERT -- MVA TO CONSTANCE A. MORELLA; LETTER DATED 11/01/88 FROM ERIKA Z. JONES -- NHTSA TO BEVERLY B. BYRON -- HOUSE; INTERPRETATION STANDARD 205

TEXT: Dear Mr. Shumway:

Thank you for your recent letter on behalf of your constituent, Mr. Ernest P. Crockett, who received a State of California citation for having tinted film on his car windows for medical reasons. You asked me to review Mr. Crockett's letter and provide a ny comments or assitance that I could. I am pleased to have this opportunity to do so.

Mr. Crockett suffers from systemic lupus erythematosus and as a result needs protection from ultra-violet rays. He consulted with the California Highway Patrol and was told that the law allowed him to use tinting film on his car windows, if he had a med ical letter stating that this was necessary. Not known at this time to Mr. Crockett was a provision in the California law prohibiting the use of noncomplying medically-necessary devices during darkness. Mr. Crockett had Security Glass System's "Almost Clear" tinting permanently installed on his windshield and front windows and was subsequently given a citation by the California Patrol for not being in compliance with @ 26708(a)(2) of the California Vehicle Code. Upon further inquiry, Mr. Crockett lea rned that his film was unacceptable because it had been permanently affixed, and that a much darker tint (blocking 70 percent of light) film was allowable, if it was removable at darkness.

Some background information on the Federal requirements in this area 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. The safety standard that specifies performance and location requirements for glazing used in vehicles is Standard No. 205, Glazing Materials. These requirements include specifications for minimum levels of light transmittance (70 pe rcent in areas requisite for driving visibility, which includes all windows in passenger cars). Under Standard 205 no manufacturer or dealer is permitted to install solar films and other sun screen devices in a new vehicle, without certifying that the v ehicle 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 the vehicle's glazing are affected by section 108(a)(2)(A) of the Safety Act. That section prohibits any manufacturer, dealer, distributor, or repair business from "rendering inoperative" any device or element of design installed in a vehicle in compliance with any safety standard. In the case of glazing, this means that no manufacturer, dealer, distributor, or repair business could install a sun screen device that would result in a light t ransmittance of less than 70 percent for any window of a passenger car, or result in the window no longer complying with any other requirements of Standard No. 205. Violations of this "render inoperative" provision can result in Federal civil penalties to the manufacturer, dealer, distributor, or repair business of up to $ 1000 for each noncomplying installation. The materials enclosed with Mr. Crockett's letter appear to show that the business that installed the film on his car windows did not render inoperative compliance with the light transmittance requirements of Standard No. 205, since the film installed on Mr. Crockett's car windows is said to have 70 percent light transmittance.

However, Federal law does not affect vehicle owners. Vehicle owners may alter their own vehicles and operate them on the highways as they please, even if the vehicle's glazing no longer complies with the requirements of Standard No. 205. We do, however, urge vehicle owners not to take actions that degrade the performance of required safety features.

The individual States have the authority to govern the operational use of vehicles by their owners. In this case, the State of Californai has exercised its authority to establish requirements in this area. The wisdom and fairness of applying those requ irements to individuals in Mr. Crockett's situation is something to be decided by the State of California, not the Federal government.

I hope this information is helpful. If you have any further questions or need some more information on this subject, please do not hesitate to contact Ms. Susan Schruth of my staff at this address, or by telephone at (202) 366-2992.

Sincerely,

ID: VICK

Mr. Greg Vickers
Truck Mixer Manufacturers Bureau
900 Spring Street
Silver Spring, MD 20910

Dear Mr. Vickers:

This responds to your letter to the National Highway Traffic Safety Administration (NHTSA), concerning Standard No. 121, Air Brake Systems. You were particularly interested in the antilock braking system requirements which become effective on March 1, 1998.

You explain that Truck Mixer Manufacturers Bureau (TMMB) member companies are final stage manufacturers. They usually purchase new chassis and "finish" them by mounting bodies, i.e., concrete mixers.  You ask:

The question arises when you consider that TMMB members will potentially receive non-ABS-equipped chassis prior to March 1, 1998 and will subsequently complete manufacture of the vehicle after March 1. Please confirm that our members' trucks will be in compliance in such a case.

Our standards apply to any motor vehicle manufactured on or after the effective date of the standard. However, special provisions apply to vehicles manufactured in two or more stages. If your members purchase "incomplete vehicles," the vehicles may be completed to the standards in effect on the date of the manufacture of the incomplete vehicle, the date of final completion, or a date between those two dates.⁽¹⁾ In the example you provide, the date of manufacture of the incomplete vehicle would be prior to the effective date of the ABS requirements. Thus, the use of ABS would be optional for the final stage manufacturers.

You also ask about "another ABS related matter." You state:

Final stage manufacture of truck mixers frequently entails adding a liftable boost-a-load axle. Non-ABS brakes for the wheels on the added axle are tied into the air system of the chassis. The brake assemblies of the truck chassis are otherwise unaltered by the installer of the mixer body. TMMB would like verification that such addition of a liftable axle does not decertify the braking system of the chassis, provided the provisions for an additional certification label affixed to the completed vehicles are met.

Given that you are concerned whether the addition of a liftable axle would "decertify" the braking system of the chassis, we assume that you are asking about chassis-cabs.⁽²⁾ As discussed below, the answer would depend on the type and nature of the certification statement made by the chassis-cab manufacturer. I note, however, that this agency cannot provide verification that the addition of a liftable axle would not affect a vehicle's compliance with Standard No. 121.

Under 49 CFR Part 567.5(a), the chassis-cab manufacturer is required to make a certification statement, with respect to each Federal motor vehicle safety standard, in one of three categories:

(1) The vehicle conforms to the standard,

(2) The vehicle will conform to the standard if it is completed in accordance with the instructions contained in the incomplete vehicle document (this statement is made with respect to standards conformity to which is substantially affected by the design of the chassis-cab and the manner in which the vehicle is completed), or

(3) Conformity with the standard is not substantially affected by the design of the chassis-cab.

The final stage manufacturer's certification responsibilities (49 CFR 567.5(c)) for a particular vehicle are dependent on the type and nature of the certification statements made by the chassis-cab manufacturer, and on the specific manufacturing operations performed by the final stage manufacturer. In the case of Standard No. 121, we assume the chassis-cab manufacturer would make a certification statement in the second category set forth above, i.e., a conditional statement. The final stage manufacturer could rely on this conditional statement only if it completed the vehicle in accordance with the chassis-cab manufacturer's instructions. See 49 CFR Part 567.5(c). If the final stage manufacturer did not complete the vehicle in accordance with those instructions, it would be responsible for ensuring compliance of the vehicle to Standard No. 121, and certifying such compliance. I also note that the addition of a liftable axle could affect compliance of a vehicle with other safety standards, including Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars.

I hope this information is helpful. If you have any further questions, please feel free to call Edward Glancy of my staff at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
ref:568
d.10/7/97

1. See 49 CFR 567 and 568. Note that 568.6 also specifies that this provision shall, however, be superseded by any conflicting provisions of a standard that applies by its terms to vehicles manufactured in two or more stages. The ABS requirements include no such provision.

2. While incomplete vehicle manufacturers are required under 49 CFR Part 568 to provide information with all their vehicles concerning conformity to Federal motor vehicle safety standards, only chassis-cabs are required to be certified. See 49 CFR Part 567.

ID: aiam4836

"Dear Ms. Lombardi: This is in reply to your letter of February 14 l99l, asking for an opinion on kit cars. Specifically, military and DOD civilian employees stationed on the Philippines 'frequently purchase automobiles which are composites of old chassis and engines, of U.S. manufacture, and new bodies and interiors, fabricated and attached to the chassis by local Filipino car shops. Normally, the chassis and engines were not taken abroad by the importers, but were purchased in the Philippines from other sources. In most cases the chassis are said to have been manufactured prior to January 1, l969.' You have asked which DOT regulations apply to these automobiles, those applicable to the year the chassis was manufactured, or those applicable to the year the body was attached. This is a question of first impression with us. Under the opinions of this Office relating to the National Traffic and Motor Vehicle Safety Act, if a person meeting the definition of a 'manufacturer', 'distributor', 'dealer', or 'motor vehicle repair business' removes a body from the chassis of a motor vehicle and installs a new one, the resulting vehicle must continue to meet the Federal motor vehicle safety standards that were in effect at the time that the vehicle was originally manufactured. If a person other than the above installs the new body, the vehicle is simply a used vehicle to which no Federal motor vehicle safety standards are applicable (but which must meet State standards for vehicle registration). However, these interpretations apply only to modifications that occur within a 'State' as defined by the Act. The Philippines is not included in the definition of 'State.' Where such modifications have occurred outside a 'State', and the modified vehicle is offered for importation into the United States, the vehicle is treated under the importation regulations (49 CFR Part 591) as a used vehicle which must be brought into conformity with Federal safety and bumper standards in effect at the time of its manufacture. We regard the date of manufacture of the original vehicle (i.e., chassis) as the appropriate date, because it may not be feasible to conform the assemblage to vehicle standards in effect at the later date on which the body was manufactured. If the original vehicle were manufactured before January 1, l968 (the effective date of the original safety standards), then no Federal motor vehicle safety standards apply to the vehicle. I must add an important caveat here. There are two types of Federal motor vehicle safety standards: those that apply to the vehicles as a whole (such as the so-called crash standards), and those that apply to individual equipment items. The equipment standards apply regardless of the date of manufacture of the vehicle. Thus, the tires, brake fluid, brake hoses, glazing, seat belt assemblies, and lamps and reflectors on any modified vehicle imported into the United States must meet the standards in effect at the time the items were manufactured, regardless of whether the modified vehicle must meet the Federal safety standards applicable to vehicles. I must also add two other caveats. The Imported Vehicle Safety Act of l988, which has been implemented by 49 CFR Parts 591-594, forbids the importation of a vehicle not originally manufactured to conform to the Federal motor vehicle safety standards (e.g., this would apply to an assemblage of a new body placed upon a chassis manufactured on or after January 1, l968) unless this agency has determined that the vehicle is capable of modification to comply with all applicable safety standards. This determination is made pursuant to a petition submitted by a 'Registered Importer,' who will undertake to conform the vehicle if a favorable determination is made. The second caveat is that the owner can import the vehicle only if (s)he has a contract with a Registered Importer to perform conformance work. However, there is a limited exception to the two caveats of the preceding paragraph. They do not apply to any vehicle that will be imported into the United States on or before October 31, l992, if its importer owned the vehicle (or had a contract to acquire it) before October 31, l988, was employed outside the United States at all times between those two dates, and had never before imported a nonconforming motor vehicle. Under this exception, the owner may import the vehicle without the necessity of a determination or the intervention of a Registered Importer. (S)he must then bring the vehicle into compliance with all applicable Federal motor vehicle safety and bumper standards, and present evidence of conformance to this agency. Under any circumstances of importation of a noncomplying vehicle to be conformed, its owner must acquire a performance bond to ensure that the work is, in fact, completed. If you have any further questions, we shall be pleased to answer them. Sincerely, Paul Jackson Rice Chief Counsel";

ID: aiam4676

"Dear Ms. Kent: Thank you for your letter requesting an interpretatio of whether the use of a product on motor vehicles would violate Standard No. 205, Glazing Materials (49 CFR /571.205). This product, called 'Contra Vision,' is designed to display messages or advertising materials on windows and other clear surfaces, so that viewers on one side of the clear surface will see the message displayed, while viewers on the other side of the surface will see an essentially transparent surface without any message visible. According to your letter, this product 'will be used for promotional signage in store windows, but also has application in rear taxicab windows, as well as rear and side windows of city buses.' You asked for our opinion of whether this product complies with Standard No. 205. Some background on how Federal motor vehicle safety laws and regulation affect this 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 new items of motor vehicle equipment. NHTSA, however, does not approve or certify any vehicles or items of equipment, nor do we endorse any commercial products or processes. Instead, the Safety Act specifies that each manufacturer itself must certify that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards, and also investigates alleged defects related to motor vehicle safety and alleged violations of other statutory provisions. Your letter indicates that you are already aware that NHTSA has issued a safety standard that applies to the windows installed in motor vehicles. Specifically, Standard No. 205 requires that all new vehicles and all new glazing materials for use in motor vehicles must comply with certain performance requirements. Among the requirements set forth in Standard No. 205 are specifications for minimum levels of light transmittance. A minimum of 70 percent light transmittance is required in glazing areas requisite for driving visibility, which includes all windows in passenger cars. In trucks and buses, the windshield and windows to the immediate right and left of the driver and the rearmost window, if the latter is used for driving visibility, are considered to be requisite for driving visibility, and therefore subject to the 70 percent minimum light transmittance requirement. Your letter did not provide any information on the light transmittance that would be measured through glazing with Contra Vision installed on it. The combination of the glazing material and the Contra Vision must allow at least 70 percent light transmittance to comply with the requirements of Standard No. 205. No manufacturer or dealer is permitted to install Contra Vision on the glazing materials on new vehicles, unless the manufacturer or dealer certifies that the vehicle continues to comply with the 70 percent minimum light transmittance and other requirements of Standard No. 205. After a vehicle is first sold to a consumer, modifications to the vehicle are affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, dealer, distributor, or repair business from 'rendering inoperative' any device or element of design installed in a vehicle in compliance with any safety standard. This provision of the law means that no manufacturer, dealer, distributor, or repair business could install Contra Vision if the addition of Contra Vision to the glazing would result in a light transmittance of less than 70 percent, or otherwise cause the vehicle to no longer comply with the applicable requirements of Standard 205. Violations of this 'render inoperative' prohibition can result in Federal civil penalties to the manufacturer, dealer, distributor, or repair business of up to $1000 for each noncomplying installation. Section 108(a)(2)(A) of the Safety Act does not affect vehicle owners. Hence, vehicle owners themselves may install Contra Vision or any other product on the glazing of their vehicle, regardless of whether the installation causes the vehicle to no longer comply with Standard No. 205. Individual States have the authority to regulate the operational use of vehicles by their owners, and, therefore, have the authority to regulate or preclude individual owner modifications to the glazing of their vehicles. I have enclosed an information sheet that summarizes the relationship between Federal auto safety laws and motor vehicle window tinting. I hope this information is helpful. If you have any further questions or need any additional information about this topic, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosure";

ID: aiam5063

"Dear Mr. Barron: This responds to your inquiry about this agency' requirements that are applicable to your product, a 'UV Heat Shield.' Your sales literature explains that this product is a UV protective window film that permits between 88 to 92 percent light transmission through the front windshield. You state that the UV Heat Shield blocks ultra-violet radiation from entering the vehicle's occupant compartment. I am pleased to have this opportunity to explain our regulations to you. By way of background information, section 103 of the National Traffic and Motor Vehicle Safety Act ('Safety Act,' 15 U.S.C. 1392) authorizes NHTSA to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not however approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards. In addition, the Safety Act requires manufacturers to recall and remedy any motor vehicle or item of motor vehicle equipment that contains a safety-related defect. Under the authority of the Safety Act, NHTSA has issued 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 (e.g., 70 percent in areas requisite for driving visibility, which includes all windows in passenger cars). The purpose of this requirement is to ensure driver visibility through the windows, thereby reducing the risk of a motor vehicle crash. Manufacturers must certify that their new vehicles comply with the requirements of all applicable safety standards. If, before the vehicle were first purchased by a consumer, a subsequent manufacturer or dealer were to install your window film over the glazing, that subsequent manufacturer would be required to certify that the vehicle continues to comply with the requirements of Standard No. 205 with the window film installed. I note that while you state that your window film permits between 88 to 92 percent light transmission through the front windshield, it is the windshield with your product installed that would be required to meet the 70 percent light transmittance requirement. After a vehicle is first sold to a consumer, modifications to the vehicle are affected by 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, distributor, dealer, or motor vehicle repair from knowingly 'rendering inoperative' any device or element of design installed in a vehicle in compliance with any applicable safety standard. This provision means that no manufacturer, dealer, distributor, or repair business could install window tinting film if the addition of the tinting film to the glazing would result in a light transmittance of less than 70 percent, or otherwise cause the vehicle to no longer comply with the applicable requirements of Standard No. 205. Violations of this 'render inoperative' prohibition can result in Federal civil penalties to the manufacturer, dealer, distributor, or repair business of up to $1,000 for each noncomplying installation. Section 108(a)(2)(A) of the Safety Act does not affect vehicle owners. Hence, vehicle owners themselves may install tinting film or any other product on the glazing of their vehicle, regardless of whether the installation causes the vehicle to no longer comply with Standard No. 205. Individual States have the authority to regulate the operational use of vehicles by their owners, and, therefore, have the authority to regulate or preclude individual owner modifications to the glazing of their vehicles. If you are interested in further information on the provisions on the provisions of State laws, you may wish to contact the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203. In addition, under the Safety Act, the UV Heat Shield would be considered an item of motor vehicle equipment. Your company, as a manufacturer of motor vehicle equipment, would be subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. In the event that NHTSA or the product's manufacturer determines that a product that is an item of motor vehicle equipment contains a safety- related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. I have also enclosed a general information sheet for new manufacturers which summarizes NHTSA's regulations and explains where to obtain copies of Federal motor vehicle safety standards and other regulations. I hope that you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosures";

ID: aiam5074

"Dear Mr. Owens: This responds to your letter dated September 15, 1992 to the Office of Vehicle Safety Standards, National Highway Traffic Safety Administration (NHTSA), regarding Phelps v. General Motors, et al. Reference is also made to your telephone conversation with Mr. Walter Myers of my staff on October 15, 1992. You stated in your letter that your firm represents defendant Grumman Olson in the Phelps lawsuit which arose out of injuries suffered by the plaintiff while operating a 14-foot Grumman Kurbmaster manufactured in 1977. After explaining the theory of the plaintiff's cause of action, you stated that you have looked at current regulations, your main areas of interest being 49 CFR 571.201 through 571.220, and requested our assistance in obtaining those regulations from 1977. You pointed out that in those regulations there are a number of exceptions for walk-in vans, and you asked whether the 14-foot Kurbmaster would be considered a truck or a walk-in van, or both. Please find enclosed, as requested, copies of 49 CFR 571.201 through 220 that were in effect as of October 1, 1977, duly certified as official Federal government documents to make them admissible in Federal court. As Mr. Myers explained to you by telephone, the cost for these copies, as certified, is $30.72. Pursuant to the provisions of 49 CFR Part 7, this charge represents one hour of search time at a cost of $22.22 per hour, plus copying fee of ten cents per page x 85 pages. Please remit a check in that amount, payable to Treasurer of the United States, to the National Highway Traffic Safety Administration, Office of Financial Management, Room 6134, 400 Seventh Street S.W., Washington, D. C. 20590. To ensure that your account will be properly credited, please annotate your check with 'NCC-20.' Before responding to your question about the classification of the 14-foot Kurbmaster, a bit of background information is in order. The National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1381, et seq. (Safety Act), authorizes the National Highway Transportation Safety Administration (NHTSA) to issue Federal motor vehicle safety standards for new motor vehicles and items of motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards. In accordance with 49 CFR Part 567, Certification, manufacturers of motor vehicles and motor vehicle equipment must certify that their products comply with all such standards. Motor vehicles are, and were as of 1977, classified according to six basic types: passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, and motorcycles. Each type is defined in 49 CFR 571.3. Each safety standard applies to specified types of motor vehicles and/or motor vehicle equipment. Thus, manufacturers must first classify their vehicles in order to ascertain which safety standards apply and then certify that those vehicles meet all applicable standards. For that reason, NHTSA neither classifies vehicles nor does it approve or endorse any vehicle classification before the manufacturer has done so. NHTSA may, however, reexamine the manufacturer's classification during the course of enforcement proceedings. I note that, in the case of the 1977 14-foot Kurbmaster, there have been no enforcement proceedings. The classification given the 1977 14-foot Kurbmaster by the manufacturer will be found on the certification label required by 49 CFR 567.4(a), and NHTSA has not reviewed or taken issue with that classification. Assuming it was classified as a truck, a truck was in 1977, and still is, defined in 49 CFR 571.3 as 'a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment.' As you noted in your letter, certain of the Federal motor vehicle safety standards exclude 'walk-in vans' from their coverage. See, e.g., paragraph S2, Standard 203, Impact Protection for the Driver from the Steering Control System (49 CFR 571.203). The term 'walk-in van' is commonly used and understood within the motor vehicle industry, and for many years the Federal motor vehicle safety standards did not include any definition of the term. I note, however, that in a recent rulemaking which extended Standard No. 214, Side Impact Protection, to light trucks, buses and multipurpose passenger vehicles, the agency added a definition of 'walk-in van' to that standard. Effective September 1, 1993, Standard No. 214 defines 'walk-in van' as 'a van in which a person can enter the occupant compartment in an upright position.' See S2.1. I hope this information will be helpful to you. If you have any further questions, please feel free to contact Mr. Myers at this address or at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure";

ID: aiam4333

Dear Mr. Mehta: This is in reply to your letter of February 23, 1987, to the Departmen of Transportation. You mentioned an earlier letter dated January 9, 1987, enclosing a copy of your product catalogue, but I regret to say that this Office has not received it.; As a producer of motor vehicle lighting equipment, you have asked fo answers to the following questions:; >>>'1. Details of DOT/SAE approval required in marketing our Headlam Units 7 inch, 5 3/4 inch (Round) and Rectangular small and large'.<<<; In the United States no 'approval' is required to import the headlamp that you mention. However, the manufacturer must assure itself that the headlamp comply with the requirements of Federal Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment* (essentially those of the SAE for round and rectangular sealed beam headlamps), and certify each one as meeting all applicable Federal motor vehicle safety standards. This certification is a DOT symbol on the headlamp lens.; >>>2. Can we market those lamps as referred in Para. No. 1 fitted wit 9004, 9005 and 9006 Bulbs. If There is any specifications/technical details available with you, please send us a copy.'<<<; The headlamps discussed in paragraph 1 are sizes traditionall associated with sealed beam headlamps, rather than with replaceable bulbs such as the DOT HB1 (9004), HB3 (9005), and HB4 (9006). However, it is permissible to produce headlamps in these sizes, which incorporate replaceable light sources that are specified by Standard No. 108. However, such headlamps must meet all the requirements of the standard applicable to replaceable bulb headlamps. I enclose(sic) a copy of Standard No. 108 for your information.; >>>'3. We understand that the use 9004, 9005, 9006 bulbs are permitte on Headlamps with Lens and Reflectors made of Plastic. Kindly advise, if we can use these Reflectors made of metal?'<<<; Yes, a headlamp may have a reflector of either plastic or metal. >>>'4. Details of approval required for High Beam Driving Lamps to b use for off- road vehicle.'<<<; >>>'5. The details of specfications (sic) for Driving Lamps to be use on Cars, Trucks, etc.'<<<; Standard No. 108 does not require vehicles to be equipped with drivin lamps and it establishes no requirement for them. If there are any specifications or approvals required, they are those of the individual States in which these lamps would be sold and used. For further information on State requirements you should write: American Association of Motor Vehicle Administrators (AAMVA), 1201 connecticut Avenue, N.W., Washington, D.C.; It is the position of this Department that any headlamp unit which i capable of replacing a passenger car headlamp must meet the applicable requirements of Standard No. 108, even if it may also be used on off-road vehicles.; You have also asked for copies of 'SAE F-80 Front Fog Lamps' an SAE-J-79 Motor Cycle Headlamps'. We are not familiar with these materials and advise you to write: Society of Automotive Engineers Inc., 400 commonwealth Drive, Warrendale, Pa. 15096. As for 'Specification for Driving Lamps Using H3 Bulb', this appears to be a European specification unknown to us, as the H3 bulb is one that is not widely used in the United States.; The following is a listing of those requirements that must be complete before shipments begin. You must:; 1. Appoint an agent for service of process in accordance with Title 49 Code of Federal Regulations, Part 551 (49 CFR 551).; 2. Provide information as specified in 49 CFR 566, 'Manufacture Identification.'; If you determine in good faith that any lamp manufactured by you doe not conform with Standard No. 108 or contains a safety-related defect, section 151 (15 USC 1411) of the Act requires that you furnish notification to the Secretary and to owners in accordance with section 153 (15 USC 1413) and to remedy without cost the failure to conform or defect in accordance with 154 (15 USC 1414). Details are contained in 49 CFR 573, 576 and 579.; We are enclosing the following pertinent publications: 1. The Act 2. 19 CFR 12.80, 'Regulations for Motor Vehicle Importation' 3. 49 CFR 551, 'Procedure Rules' 4. 49 CFR 573, 'Defect and Noncompliance Reports' 5. 49 CFR 576, 'Record Retention' 6. 49 CFR 579, 'Defects and Noncompliance Responsibility' 7. Information for New Manufacturers of Motor Vehicle and Motor Vehicl Equipment; If we may be of further assistance, please let us know. Sincerely, Erika Z. Jones, Chief Counsel