ID: nht95-1.73

TYPE: INTERPRETATION-NHTSA

DATE: February 17, 1995

FROM: Philip R. Recht -- Chief Counsel, NHTSA

TO: Brigitte Neifer -- Sekurit Saint-Gobain Deutschland GmbH & Do. KG

TITLE: None

ATTACHMT: ATTACHED TO 10/4/94 TELEFAX FROM BRIGITTE NEIFER TO DAN COLHEN (OCC 10413)

TEXT: Your telefax to Mr. Dan Cohen of the National Highway Traffic Safety Administration's (NHTSA's) Office of Vehicle Safety Standards has been forwarded to my office for reply. I apologize for the delay in our response.

You asked about two topics: the agency's plans for further rulemaking related to Docket 89-15, and NHTSA's regulations related to testing for compliance with an industry standard that is incorporated by reference into a Federal Motor Vehicle Safety Stand ard (FMVSS).

Issue One: Docket 89-15 You first asked whether NHTSA is planning any further rulemaking activity with respect to NHTSA Docket No. 89-15. Docket No. 89-15, which began January 22, 1992 (57 FR 2496), pertains to a notice of proposed rulemaking that addresses the light transmitt ance requirements for glazing materials used in motor vehicles. NHTSA has not reached a final decision on this proposed rulemaking. Any questions you may have about this rulemaking can be addressed to Mr. Patrick Boyd, Crash Avoidance Division, National Highway Traffic Safety Administration (NHTSA), 400 Seventh Street, S.W., Washington D.C. 20590. Mr. Boyd's telephone number is (202) 366-6346.

Issue Two: Establishing Compliance with FMVSS No. 205 You ask several questions about FMVSS No. 205, "Glazing Materials." You first ask for confirmation that the "5-year rhythm of renewal" was "an AAMVA [American Association of Motor Vehicle Administrators] procedure and not an official requirement." Your u nderstanding is correct. Moreover, this program, which was administered by AAMVA and which was never "officially" NHTSA's, has been discontinued. You can contact the AAMVA at 4600 Wilson Blvd., Arlington, VA 22205, telephone (703) 522-4200 for further information.

You also requested information about NHTSA's requirements related to compliance with FMVSS No. 205 and the material it incorporates (ANSI Z26.1, "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways"). You state that you "intend to have [your] products regularly tested by independent laboratories" and ask whether "DOT inspectors in [the] USA will accept (cars equipped with) our glazings when accompanied only with a test report."

Some background information about NHTSA would be helpful in answering your question. Congress has authorized NHTSA to issue FMVSSs applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve or endorse motor vehicles or motor vehicle equipment. Instead, the statute establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. Thus, there are no "DOT inspectors" that are charged with either accepting or rejecting vehicles or equipment certified as meeting the FMVSSs, prior to the first sale of the product.

NHTSA does test new vehicles and equipment for compliance with the FMVSSs by purchasing products on the market. Each of NHTSA's safety standards specifies the test conditions and procedures that this agency will use to evaluate the performance of the ve hicle or equipment being tested for compliance with the particular safety standard. NHTSA precisely follows each of the specified test procedures and conditions when conducting its compliance testing. n1 However, manufacturers are not required to test t heir products only in the manner specified in the relevant safety standard. A manufacturer may choose any means of evaluating its products to determine whether the vehicle or equipment will comply with the safety standards when tested by the agency acco rding to the procedures specified in the standard.

n1 Since FMVSS No. 205 incorporates ANSI's Z26.1 by reference, the test procedures and performance requirements set forth in ANSI Z26 are considered to be part of FMVSS No. 205.

If NHTSA testing shows that an apparent noncompliance exists with a vehicle or item of equipment, the manufacturer is asked to show the basis for its certification that the vehicle or equipment complies with the relevant safety standard or standards. If in fact there is a noncompliance, in accordance with 49 U.S.C. 30118 and 30120, the manufacturer is required to notify owners and remedy the noncompliance at no cost to the owners. The manufacturer is also subject to civil penalties unless it can estab lish that it exercised "reasonable care" in the design and manufacturer of the product and in the evaluation (through actual testing, computer simulation, engineering analysis, or other means) to ensure compliance. n2

n2 While the exercise of "reasonable care" may relieve a manufacturer of liability for civil penalties for the manufacture and sale of noncomplying vehicles or equipment, it does not relieve a manufacturer of the responsibility to notify purchasers of the noncompliance and remedy the noncompliance free of charge.

Your use of independent test laboratories to evaluate the performance of your product could support an initial showing of "reasonable care." However, the agency is unable to determine what efforts constitute "reasonable care" outside of the course of a s pecific enforcement proceeding. What constitutes "reasonable care" in a particular case depends on many factors, including such things as the limitations of current technology, the availability of test equipment, the size of the manufacturer, and above all, the diligence exercised by the manufacturer.

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

ID: nht95-4.60

TYPE: INTERPRETATION-NHTSA

DATE: October 17, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Robert R. Brester -- Director of Product Engineering, Velvac Inc.

TITLE: NONE

ATTACHMT: ATTACHED TO 7/25/95 LETTER FROM ROBERT R. BRESTER TO STEVE WOOD (OCC 11116)

TEXT: Dear Mr. Brester:

This responds to your request for an interpretation concerning how Standard No. 105, Hydraulic Brake Systems, affects the brake products you sell. According to your letter:

Velvac Inc. manufactures and sells brake components and power braking systems for trailers and truck tag axles. These brake systems are not part of the primary vehicle braking system. In the case of a tag axle, our customers are retrofitting a standard vehicle with an additional axle to increase its load carrying capacity. In the case of a trailer, our system may be the only source of braking.

The brake components Velvac supplies generally include control valving, brake boosters and various types of hoses and fittings. These items can be sold both as components and as complete power brake kits. (See attached catalogue drawings . . . )'

You stated that Mr. Richard Carter of this agency advised you that different combinations of braking components may be used to achieve the braking performance requirements of Standard No. 105, and that the responsibility of certifying vehicles to Standar d No. 105 lies in the hands of your customers. This information is correct. However, you should be aware that some of the components listed in your catalogue are covered by Standard No. 106, Brake Hoses, and must be certified by their manufacturer as co mplying with that standard. A further discussion of the issues raised by your letter is provided below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new motor vehicle equipment. NHTSA has exercised this authority to issu e several vehicle and/or equipment standards related to braking performance. These standards include the aforementioned Standards No. 105 and No. 106, as well as ones on air brake systems, motorcycle brake systems, and motor vehicle brake fluids.

You specifically asked about Standard No. 105. That standard specifies requirements for hydraulic service brake and associated parking brake systems, and applies to passenger cars, multipurpose passenger vehicles, trucks, and buses with hydraulic servic e brake systems.

If your brake products are installed as original equipment on a new vehicle subject to Standard No. 105, the vehicle manufacturer is required to certify that, with the products installed, the vehicle satisfies the requirements of that standard (as well a s all other applicable safety standards). If your brake products are added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an "alterer" under our regulations, and would be required to cer tify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

If your products are installed on a used vehicle by a business such as a repair shop, the repair shop would not be required to attach a certification label. However, it would have to make sure that it did not knowingly make inoperative any part of a devi ce or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable safety standard, such as the hydraulic brake system. n1

n1 The make inoperative provision does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with th e FMVSSs. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

Assuming you do not manufacture or alter new vehicles, you do not have a responsibility to certify a vehicle's compliance with Standard No. 105. However, I note that some of the brake products listed in your catalogue are covered by Standard No. 106. Th at standard specifies requirements for motor vehicle brake house, end fittings and assemblies. Standard No. 106 applies not only to new vehicles, as is the case with Standard No. 105, but also to brake hoses, end fittings and assemblies that are sold in dividually or in kit form. Manufacturers of these items must certify that the equipment complies with Standard No. 106, and persons selling these items must sell only certified items.

NHTSA also has the authority to investigate safety-related defects. Manufacturers of motor vehicles and items of motor vehicle equipment are subject to statutory requirements concerning the recall and remedy of products with defects related to motor vehi cle safety. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in w hich your products are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer that fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $ 1,000 per vio lation.

I have enclosed an information sheet that briefly describes various responsibilities of motor vehicle manufacturers under our regulations, and information on how you can obtain copies of our standards.

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

ID: 9205

Mr. Saburo Inui
Vice President
Toyota Motor Corporate Services
of North America, Inc.
1850 M Street, N.W.
Washington, D.C. 20036

Dear Mr. Inui:

This responds to your letter asking about the test conditions for the dynamic side impact test of Standard No. 214, "Side Impact Protection." I apologize for the delay in responding.

The test conditions are set forth in S6 of the standard. S6.1 explains how to achieve "test weight:"

Test weight. Each passenger car is loaded to its unloaded vehicle weight, plus its rated cargo and luggage capacity, secured in the luggage area, plus the weight of the necessary anthropomorphic test dummies. Any added test equipment is located away from the impact areas in secured places in the vehicle. * * *

You first ask whether the weight of the added test equipment inside the vehicle is added to the test weight, or whether parts of the vehicle (weighing the same as the "added test equipment") are removed to keep the vehicle weight at the "test weight." The answer is that parts of the vehicle may be removed, but only as a last resort. A brief explanation of how NHTSA calculates test weight follows.

Under S6.1, "test weight" is comprised of the combined weight of the vehicle with all fluids, the cargo and luggage weight, the test dummies, and nothing more. The cargo and luggage weight is derived by subtracting from the gross vehicle weight rating specified by the manufacturer the combined weight of the vehicle, fluids, and 150 pounds for each seating position.

There are subtractions and additions to the vehicle weight in preparation for the test. The fuel is replaced with Stoddard solvent, but only to approximately 93 percent of capacity, and all other fluids (oil, washer fluid, etc.) are drained. Thus, the vehicle is lightened by the weight of 7 percent of the

fuel and all of the other fluids. However, the added weight of cameras and any other necessary (non-dummy) test equipment usually more than compensates for the fluid weight loss, and the vehicle generally is slightly heavier than the test weight. Therefore, other weight must be removed until the test weight is reestablished.

Please note that NHTSA will remove parts of the vehicle to compensate for the weight of the test equipment only as a last resort. The agency will first remove cargo or luggage ballast. If still more weight must be removed (i.e., in the unlikely event that the weight of the test equipment exceeds the weight of the removable cargo and luggage) the agency will remove parts of the vehicle. This is only likely to occur in vehicles with very small cargo capacities, such as sports cars. In this event, NHTSA would remove only parts of the car that play no part in the side impact test (e.g. bumpers).

You next ask about the "vehicle test attitude" specifications of S6.2. By way of background, NHTSA determines the attitude of the vehicle in its "as delivered" condition (i.e., the vehicle as received at the test site, filled to 100 percent of all fluid capacities and with all tires inflated to the manufacturer's specifications) and in its "fully loaded condition," under the vehicle test attitude specification of S6.2. Under S6.2, the vehicle's pretest attitude is equal to either the as delivered or the "fully loaded attitude" or between the as delivered and the fully loaded attitude.

You ask whether the term "fully loaded attitude" means the attitude of the vehicle in the "fully loaded condition." The answer is yes. Moreover, S6.2 specifies that "[t]he `fully loaded condition' is the test vehicle loaded in accordance with S6.1." As mentioned in our response to your first question, S6.1 explains how to load the vehicle to achieve the test weight.

You also ask whether the "as delivered" left-to-right attitude must be maintained when adding test equipment. The answer is also found in S6.2's specification that "[t]he pretest vehicle attitude is equal to either the as delivered or fully loaded attitude, or between the as delivered attitude and the fully loaded attitude." This language describes a range of attitudes, including the left-to-right attitude, which the vehicle may be in at the time of the test. The vehicle must be capable of passing the test anywhere within the prescribed range. Therefore, when NHTSA tests a vehicle, the agency has leeway in maintaining the as delivered left- to-right attitude when adding test equipment. As long as the left-to-right attitude after adding equipment is somewhere between the attitude in the as delivered condition and the fully loaded condition, an acceptable pretest vehicle attitude will be achieved.

Finally, I would like to note that NHTSA's Enforcement Office prepares updates to its laboratory test procedures on an as-required basis. The updates include rule changes and maintenance revisions. We project a maintenance update to the side impact test procedures (TP-214D-03) will be published within the next six months. During this update, issues addressed in this letter will be considered.

I hope you find this information helpful. If you have any other questions, please contact Ms. Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,

John G. Womack Acting Chief Counsel

ref:214 d:6/28/94

ID: nht71-1.37

DATE: 06/15/71

FROM: LAWRENCE R. SCHNEIDER -- NHTSA

TO: Messrs. Hill; Lewis; Adams; Goodrich & Tait

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 10 to Francis Armstrong, Director of the Office of Standards Enforcement, on behalf of Vehicle Industries, Inc. Your client wishes to import dune buggy chasses, either in kit or assembled form, for sale to a distributor-dealer organization and subsequent resale by them to retail customers who will complete the final manufacture of the incomplete vehicle as a dune buggy. You have asked questions concerning compliance with Federal motor vehicle safety standards ("safety standards") and other regulations.

Your letter indicates that you are familiar with our two Mini-Bike Interpretations and the criteria we use in determining whether a vehicle is a "motor vehicle" as defined in section 102(3) of the National Traffic and Motor Vehicle Safety Act of 1966 (the "Act"). There have been no further additions to these Interpretations. We view a dune buggy as a "motor vehicle" primarily because it is licensable for use on the public roads. Conversely all-terrain vehicles, snowmobiles, and some categories of mini-bikes are not considered "motor vehicles" because of State statutory prohibitions forbidding their registration for on-road use. Because a dune buggy is constructed with "special features for occasional off-road use" it is a "multipurpose passenger vehicle" ("MPV") under the safety standards, and must, at the time of its manufacture, comply with all safety standards applicable to MPVs. Equipping a vehicle with speed restrictive components would not affect this opinion unless the equipment rendered the completed vehicle unlicensable for on-road use.

Until January 1, 1972, the product Vehicle Industries wishes to import, either in kit form or as an assemolage, is considered "motor vehicle equipment" under the Act. It is not a chassis-cab, as you suggested, because it has no cab. Since section 102(5) of the Act includes an importer in the definition of "manufacturer." Vehicle Industries is considered the manufacturer of the motor vehicle equipment it imports, and responsible for compliance of that equipment with applicable safety standards.

Regulated equipment items for MPVs and corresponding safety standards are: brake hoses and brake hose assemblies (Standard No. 106), brake fluid (No. 116), glazing (No. 205), seat belt assemblies (No. 209), and wheel covers (No. 211). If the kit or assemblage contains any of these items, the item must comply upon inportation, and Vehicle Industries must provide certification to the distributor-dealer that the equipment item meets the appropriate safety standard. The certification obligation is imposed by section 114 of the Act as amplified by a notice published on November 4, 1967, copy enclosed. There are no other labeling or informational obligations. The requirements of this paragraph remain in effect after January 1, 1972, to any dune buggy chassis imported in kit form.

If the chassis is imported in assembled form, on and after January 1, 1972, Vehicle Industries as importer - manufacturer of an assemblage will be considered an "incomplete vehicle manufacturer" and the assemblage an "incomplete vehicle" as those terms are defined in 49 CFR Part 568, the regulations governing vehicles manufactured in two or more stages. I enclose a copy of Part 568 for your guidance and call your attention to @ 568.4, requirements for incomplete vehicle manufacturers. Section 568.4(a)(7) will require Vehicle Industries to provide with the incomplete vehicle a list of those standards applicable to MPVs, together with one of three appropriate statements for each such standard. If Vehicle Industries has provided certification prior to January 1, 1972, covering an equipment item in the assemblage, for instance brake hoses, the appropriate statement on and after January 1, 1972 would appear to be set out in @ 568.4(a)(7)(i), that the vehicle when completed will comply with Standard No. 106, Brake Hose and Brake Hose Assemblies, if the final assembler makes no change in the brake hoses or brake hose assemblies. You ask if these regulations may be followed as a "guideline" before January 1, 1972. Because the @ 568.4(a)(7)(i) statement is a representation of compliance, it is a de facto certification of compliance and, in my opinion, Vehicle Industries may provide such a @ 568.4(a)(7)(i) statement in advance of January 1, 1972, that includes a regulated equipment item, to satisfy the existing equipment certification requirement.

You have also asked if it is possible to "retail the unit in its present form with an item of equipment on it" that doesn't comply with the safety standards. The answer is no, if that item is directly regulated by a safety standard. However, if a safety standard applies to vehicle categories only - and most of them do - then an item encompassed in that safety standard need not comply until time of final assembly. For example, Standard No. 107, Reflecting Surfaces, applies to MPVs and passenger cars, and not to the equipment items specified therein. Consequently, the horn ring and steering wheel assembly hub of the assemblage need not have a finish in accordance with Standard No. 107, but these items must comply with reflectance requirements when the assemblage is completed as a dune buggy.

In closing, I want to call your attention to section 110(e) of the Act and 49 CFR @ 551.45, which require that manufacturers of motor vehicles and equipment who offer their products for importation into the United States appoint a resident agent for service of process. I enclose a copy of @ 551.45 with the informational requirements underlined and request that you ask the Spanish manufacturer of the dune buggy chassis to file a designation of agent with us.

If you have any further questions I shall be happy to answer them for you.

Enclosures

ID: nht92-3.44

DATE: September 22, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: David H. Milligan

TITLE: None

ATTACHMT: Attached to letter dated 7/10/92 from David H. Milligan to Paul Jackson Rice (OCC-7532)

TEXT:

This responds to your letter asking about the Federal requirements that apply to the "Car Seat Support," an item you manufacture for use with infant restraints.

Background Your device appears to consist of a fabric covered block of foam approximately 18x4x3 inches in size. The marketing material you sent shows that your device is intended to be placed under the bottom rearmost edge of an installed rear-facing infant seat (bottom rearmost edge relative to the vehicle). The device would cause the restraint to tip more toward the front of the car. We understand that the device is intended for use with vehicles that have seat cushions that slant downward toward the seat back, such as in some small cars.

Infant restraints are tested by NHTSA for compliance with Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems, on an approximately horizontal vehicle seat cushion. (The "standard seat assembly" used to test the restraints is specified in S7.3 of Standard No. 213, copy enclosed.) A downward-slanting vehicle seat cushion might cause an infant restraint to tip toward the rear of the car. This could result in the angle between an infant restraint's back support surface and the vertical to decrease, i.e., the back of the restraint might become more upright. If a restraint's back support surface becomes too upright, it might not be able to provide support to the infant's head and neck.

The purpose of your product is to prop the bottom of a rear-facing infant restraint when the restraint is used with a downward-slanting vehicle seat, to ensure that the restraint bottom is horizontal. You state that consumers currently use items such as "blocks of wood" and "rolled up towels" to serve the same purpose as the Car Seat Support.

NHTSA's Response There is currently no FMVSS that directly applies to the product you wish to manufacture and sell. FMVSS No. 213 applies only to new child restraint systems and not to supporting devices.

However, there are other Federal laws that indirectly affect your manufacture and sale of the device. Under the National Traffic and Motor Vehicle Safety Act, 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 in sections 151-159 of the Safety Act 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 that you or NHTSA determines that your

device contain a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to S108(a)(2)(A) of the Safety Act, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...." It appears unlikely from the nature of your product that it would be placed in vehicles by commercial businesses instead of child restraint owners. However, if your product were to be installed by persons in those categories, they should ensure that its installation does not compromise the safety protection provided by a child restraint system. The prohibition of S108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment.

Please note that we are concerned that your device might compromise the safety protection provided by an infant seat if the consumer is not provided clear information about the use of the product. The Car Seat Support you provided came with a label that has a picture of the device positioned under a rear-facing infant seat. There is no other instruction on the label on the use of the product.

In the absence of clear instructions, there is the potential that consumers might misuse the Car Seat Support. For example, a consumer might not know that the restraint is intended for use with only a rear-facing restraint that needs a "support" to keep the bottom of the restraint horizontal when positioned on a vehicle seat. Without proper instructions, a consumer might use the Car Seat Support on an approximately horizontal vehicle seat cushion and thereby inappropriately tilt the restraint so that it does not provide sufficient crash protection. One means of reducing the likelihood of confusion about the proper use of the product would be for you to provide consumer instructions on the use of the Car Seat Support, such as on the purpose of the product, on the type of restraint and vehicle seat for which the device is intended, and on limiting how far rearward the restraint should be permitted to tilt. The picture of the Child Seat Support in use should be consistent with those instructions.

I hope this information is helpful. If you have further questions, please contact Deirdre Fujita of my staff at (202) 366-2992.

ID: nht90-1.68

TYPE: INTERPRETATION-NHTSA

DATE: 03/13/90

FROM: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TO: HANK KMIECIK -- STEERABLE CARRIAGES

TITLE: NONE

ATTACHMT: LETTER DATED 1-5-90 TO NHTSA FROM HANK KMIECIK, STEERABLE CARRIAGES, ATTACHED; [OCC 4333]

TEXT: This responds to your January 5, 1990 letter requesting our review of your rear wheel steering system for trucks, buses and special application vehicles. This system is intended to replace one rear axle on these vehicles, and when activated, enables the axle to rotate slightly on its vertical axis. It is intended to improve the maneuverability of these vehicles in low-speed situations such as making sharp turns.

During a February 9, 1990 telephone conversation with David Greenburg of this office, you explained that, while your product uses air from the vehicle's compressed air suspension system to operate the axle, it is isolated from the air brake system. You also explained that, as a result of this design, a failure in the air system connected to your product would not affect the operation of the vehicle's braking system.

By way of background information, NHTSA has no authority to approve, endorse or offer assurances of compliance for any motor vehicle or item of motor vehicle equipment. Instead, the National Traffic and Motor Vehicle Safety Act of 1966 makes manufacture rs of motor vehicles or items of motor vehicle equipment responsible for certifying that each of its products conforms with all applicable safety standards.

In this instance, there are no specific provisions in the safety standards that set forth requirements for steerable rear axles. Thus, your company as the manufacturer of such a product would not have to certify that a steerable rear axle complies with any safety standard before offering it for sale to the public. However, the addition of a steerable rear axle to a vehicle before its first sale to the public could affect the vehicle's compliance with various safety standards. In such a case, the manu facturer or alterer that installed this product on a new vehicle would have to certify that the vehicle, with the steerable rear axle installed, complied with all applicable safety standards. For example, installation of the steerable axle could affect t he vehicle's

compliance with the applicable braking standard (Federal Motor Vehicle Safety Standard No. 121; Air brake systems) or the tire and rim selection standard (FMVSS No. 119; New pneumatic tires for vehicles other than passenger cars).

Of course, you will need to consider other safety effects that operation of the steerable axle system could have. Among these considerations would be ensuring that the trailer's gross axle weight rating (GAWR) is not exceeded when the steering system is in operation and the trailer is supported by only the steerable axle instead of by both the steerable and fixed axles.

Although we do not have any standards that directly apply to your product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your steerable rear axle are subject to the requirements in section 151-159 of the Vehicle Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. The Safety Act specifies that if either your company or this agency determines that a safety-related defe ct exists in your product, your company as the manufacturer must notify purchasers of the safety-related defect and must either:

(1) repair the parts so that the defect is removed; or

(2) replace the parts with identical or reasonably equivalent parts which do not have a defect.

Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than 8 years before the notification campaign.

In addition, the use of your product could be affected by section 108(a)(2)(A) of the Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, dealer, distributor, or repair business from knowingly "rendering inoperative" a ny device or element of design installed on or in a vehicle to comply with an applicable safety standard. To avoid a "rendering inoperative" violation, the above-named parties should examine the proposed installation instructions for the steerable rear axle and compare those instructions with the requirements of our safety standards, to determine if installing the steerable rear axle in accordance with those instructions would result in the vehicle no longer complying with the requirements of the safet y standards. If the installation of the steerable rear axle would not result in a rendering inoperative of the vehicle's compliance with the safety standards, the product can be installed by dealers, distributors, and repair shops without violating any Federal requirements.

The Safety Act places the initial responsibility for determining whether the installation of this steerable rear axle on vehicles would result in a "render inoperative" violation on your company. This agency may reexamine your determination in the conte xt of an enforcement action.

For your information, I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and new motor vehicle equipment. This sheet gives a brief description of our regulations and explains how to obtain copies of those regulations. You should also be aware that State laws may apply to your product.

I hope this information is helpful. Please feel free to contact this office if you have any further questions or need additional information.

Enc.

ID: nht95-7.25

TYPE: INTERPRETATION-NHTSA

DATE: October 17, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Robert R. Brester -- Director of Product Engineering, Velvac Inc.

TITLE: NONE

ATTACHMT: ATTACHED TO 7/25/95 LETTER FROM ROBERT R. BRESTER TO STEVE WOOD (OCC 11116)

TEXT: Dear Mr. Brester:

This responds to your request for an interpretation concerning how Standard No. 105, Hydraulic Brake Systems, affects the brake products you sell. According to your letter:

Velvac Inc. manufactures and sells brake components and power braking systems for trailers and truck tag axles. These brake systems are not part of the primary vehicle braking system. In the case of a tag axle, our customers are retrofitting a standard vehicle with an additional axle to increase its load carrying capacity. In the case of a trailer, our system may be the only source of braking.

The brake components Velvac supplies generally include control valving, brake boosters and various types of hoses and fittings. These items can be sold both as components and as complete power brake kits. (See attached catalogue drawings . . . )'

You stated that Mr. Richard Carter of this agency advised you that different combinations of braking components may be used to achieve the braking performance requirements of Standard No. 105, and that the responsibility of certifying vehicles to Standard No. 105 lies in the hands of your customers. This information is correct. However, you should be aware that some of the components listed in your catalogue are covered by Standard No. 106, Brake Hoses, and must be certified by their manufacturer as complying with that standard. A further discussion of the issues raised by your letter is provided below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new motor vehicle equipment. NHTSA has exercised this authority to issue several vehicle and/or equipment standards related to braking performance. These standards include the aforementioned Standards No. 105 and No. 106, as well as ones on air brake systems, motorcycle brake systems, and motor vehicle brake fluids.

You specifically asked about Standard No. 105. That standard specifies requirements for hydraulic service brake and associated parking brake systems, and applies to passenger cars, multipurpose passenger vehicles, trucks, and buses with hydraulic service brake systems.

If your brake products are installed as original equipment on a new vehicle subject to Standard No. 105, the vehicle manufacturer is required to certify that, with the products installed, the vehicle satisfies the requirements of that standard (as well as all other applicable safety standards). If your brake products are added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an "alterer" under our regulations, and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

If your products are installed on a used vehicle by a business such as a repair shop, the repair shop would not be required to attach a certification label. However, it would have to make sure that it did not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable safety standard, such as the hydraulic brake system. n1

n1 The make inoperative provision does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with the FMVSSs. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

Assuming you do not manufacture or alter new vehicles, you do not have a responsibility to certify a vehicle's compliance with Standard No. 105. However, I note that some of the brake products listed in your catalogue are covered by Standard No. 106. That standard specifies requirements for motor vehicle brake house, end fittings and assemblies. Standard No. 106 applies not only to new vehicles, as is the case with Standard No. 105, but also to brake hoses, end fittings and assemblies that are sold individually or in kit form. Manufacturers of these items must certify that the equipment complies with Standard No. 106, and persons selling these items must sell only certified items.

NHTSA also has the authority to investigate safety-related defects. Manufacturers of motor vehicles and items of motor vehicle equipment are subject to statutory requirements concerning the recall and remedy of products with defects related to motor vehicle safety. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which your products are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer that fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $ 1,000 per violation.

I have enclosed an information sheet that briefly describes various responsibilities of motor vehicle manufacturers under our regulations, and information on how you can obtain copies of our standards.

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

ID: NCC-220915-001 Speedometer Conformity Interp Letter

March 21, 2023

Chris Cowen
Port Intelligence Officer
Customs and Border Protection Tactical Operations
104 Bridge Approach Plaza
Ogdensburg, NY 13669 

Dear Mr. Cowen: 

This responds to your email to the National Highway Traffic Safety Administration (NHTSA) requesting a determination as to whether certain vehicles imported into the United States from Canada comply with applicable Federal Motor Vehicle Safety Standards (FMVSS) relating to speedometers. Specifically, you ask whether vehicles equipped with both an analog speedometer that displays only in kilometers per hour (km/h) and a multifunction display that is capable of displaying in miles per hour (MPH) if the driver selects that option would be permissible for importation into the United States without modification. 

Based on the requirements of FMVSS No. 101, Controls and displays, the answer is no. These vehicles do not conform to NHTSA’s requirements and thus are not eligible for importation without modification. Please note that our answer is based on our understanding of the specific information provided in your email. 

Background 

The National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act, 49 U.S.C. Chapter 301) authorizes NHTSA to issue safety standards applicable to motor vehicles and items of motor vehicle equipment. However, NHTSA does not approve motor vehicles or motor vehicle equipment. Instead, the Safety Act establishes a self certification process under which each manufacturer is responsible for certifying that its products meet our safety standards. This agency periodically tests vehicles and equipment items for compliance with the standards and investigates alleged safety-related defects. 

Page 2
Mr. Chris Cowen 

Of relevance to your request, NHTSA issued Federal Motor Vehicle Safety Standard No. 101 (49 CFR § 571.101), which primarily ensures the accessibility, visibility, and recognition of motor vehicle indicators, including speedometers, to reduce safety hazards caused by diversion of the driver’s attention. This standard specifies performance requirements for location, identification, color, and illumination of motor vehicle indicators. It applies to passenger cars, multipurpose passenger vehicles, trucks, and buses. 

Discussion 

The questions inherent in your request, as we understand it, are below:  

1. Do the speedometers meet the FMVSS No. 101 definition of an indicator?  
2. If so, does each indicator meet the requirements of FMVSS No. 101? 

Regarding the first question, paragraph S4 of FMVSS No. 101 defines an indicator as “a device that shows the magnitude of the physical characteristics that the instrument is designed to sense.”  Table 1 of FMVSS No. 101 specifies that speedometers are, in fact, indicators. 

Regarding the second question, paragraph S5 of FMVSS No. 101 states that all covered vehicles fitted with indicators listed in Table 1 must meet the requirements for the location, identification, color, and illumination of those indicators. 

Based on our review of the photographs you provided, the speedometers at issue appear to satisfy the requirements for location and color, in accordance with paragraph S5.1 “Location” and paragraph S5.4 “Color.”  

We now turn to the identification requirement. Table 1 specifies that speedometers must be identified with units of measurement, using either “MPH” or “MPH and km/h.” You provided pictures of two speedometers: an analog gauge displaying only metric units (km/h) and a digital display that allows the driver to select U.S. customary units (MPH). The analog gauge clearly does not meet the identification requirement of Table 1 because it is marked only in km/h. Next, we consider whether the digital display, defined as a multi-task display in paragraph S4 of FMVSS No. 101, meets the requirement. A multi task display is a display on which more than one message can be shown simultaneously. For example, the display here reportedly presents a layered menu of functions that the driver can change. If the driver selects the digital “MPH” display, the speedometer appears to meet the requirements of FMVSS No. 101. If, however, the driver selects a different menu option (or no menu option), the speedometer no longer displays “MPH.” Therefore, the multi-task display, by itself, does not meet the identification requirement that “MPH” always be displayed, and in the absence of an analog speedometer that displays MPH, this vehicle would not be compliant with FMVSS No. 101.  

We have not evaluated the “illumination” requirement, as your correspondence does not provide sufficient information to allow us to do so. 

Page 3
Mr. Chris Cowen 

In sum, an indicator, including a speedometer, must meet all requirements of FMVSS No. 101. For the reasons enumerated above, the requirements of the FMVSS are not met and the vehicles are noncompliant. Therefore, vehicles containing these instruments are not eligible for importation into the United States without modification. 

I hope this information is helpful. If you have any further questions, please feel free to contact Terrence Sommers of my staff at this address or at terrence.sommers@dot.gov.  

Sincerely,

John Donaldson
Acting Chief Counsel

Dated: 3/23/23
Ref: Standard No. 101

ID: aiam5088

"Dear Mr. Price: This responds to your letter asking about requirement for a device you call a 'noncomputerized antilock braking assist system,' for brakes installed on trucks and trailers. You stated that your device can be installed on vehicles equipped with air brake, electric brake, air over hydraulic brake, and vacuum/hydraulic brake systems. I am pleased to have this opportunity to explain our regulations to you. You asked what the agency's policy is regarding the approval, disapproval, or certification of any particular antilock brake system product. NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act ('Safety Act'), it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable standards issued by this agency. A manufacturer then certifies that its vehicles or equipment comply with applicable standards. You also asked for a listing of the various standards and regulations with which you should be conversant, given your product, and an explanation of the responsibilities under the Safety Act of three types of parties: an original equipment manufacturer, an alterer of a previously certified new motor vehicle prior to its first sale, and an installer of an ABS device on a used motor vehicle. NHTSA has issued two standards about brake systems: Standard No. 105, Hydraulic Brake Systems and Standard No. 121, Air Brake Systems. Standard No. 105 specifies requirements for hydraulic service brake and associated parking brake systems, and applies to new passenger cars, multipurpose passenger vehicles, trucks, and buses equipped with hydraulic brake systems. Standard No. 121 establishes performance and equipment requirements for braking systems on vehicles equipped with air brake systems, and applies to almost all new trucks, buses, and trailers equipped with air brake systems. The agency does not have a regulation specifically covering a device such as a 'noncomputerized antilock braking assist system' which is added to a brake system. However, since your device would be tied into a vehicle's brake system, it could affect a vehicle's compliance with Standard No. 105 and Standard No. 121. If one of your devices is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards, including Standard No. 105 and Standard No. 121. (See 15 U.S.C. 1397(a)(1) and 49 CFR Part 567.) If the device is added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. (See 49 CFR Part 567.7.) If the device is installed on a used vehicle by a business such as a garage, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. (See 15 U.S.C. 1397(a)(2)(A).) You should also be aware of the requirements of Safety Standard No. 106, Brake Hoses, which specifies requirements for motor vehicle brake hose, brake hose assemblies, and brake hose end fittings. That standard applies to new motor vehicle equipment as well as to new motor vehicles. You should check to see if any parts of your devices are subject to the requirements of Standard No. 106. I also note that manufacturers of aftermarket equipment are subject to the Safety Act's defect provisions. Should a safety-related defect be discovered in your device, whether by the agency or yourself, you as the manufacturer would be required to notify purchasers and dealers and provide a cost-free remedy for the defect. Enclosed is a copy of an information sheet entitled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment,' which further explains a manufacturer's responsibilities under NHTSA's regulations. You may also wish to review the Federal Highway Administration's Federal Motor Carrier Safety Regulations, which set forth requirements for commercial motor vehicles. The address of the Office of Motor Carrier Standards is included in the enclosed information sheet. Finally, you asked how you could secure or have access to the complete Docket No. 92-29-01. This docket includes responses to an advance notice of proposed rulemaking (ANPRM) in which NHTSA announced that it is considering proposing additional requirements that might require medium and heavy duty vehicles to be equipped with antilock brake systems. The complete docket, including all the responses to the ANPRM, can be reviewed at the agency's Docket Section, room 5109, 400 Seventh Street, S.W., Washington D.C. 20590. Docket hours are 9:30 a.m. and 4:00 p.m., Monday through Friday. A complete copy of the docket is also available for a fee to cover search and copying costs by contacting the agency's technical reference division at (202) 366-4949. 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: aiam4701

"Dear Mr. Kmiecik: This responds to your January 5, 1990 lette requesting our review of your rear wheel steering system for trucks, buses and special application vehicles. This system is intended to replace one rear axle on these vehicles, and when activated, enables the axle to rotate slightly on its vertical axis. It is intended to improve the maneuverability of these vehicles in low-speed situations such as making sharp turns. During a February 9, 1990 telephone conversation with David Greenburg of this office, you explained that, while your product uses air from the vehicle's compressed air suspension system to operate the axle, it is isolated from the air brake system. You also explained that, as a result of this design, a failure in the air system connected to your product would not affect the operation of the vehicle's braking system. By way of background information, NHTSA has no authority to approve, endorse or offer assurances of compliance for any motor vehicle or item of motor vehicle equipment. Instead, the National Traffic and Motor Vehicle Safety Act of 1966 makes manufacturers of motor vehicles or items of motor vehicle equipment responsible for certifying that each of its products conforms with all applicable safety standards. In this instance, there are no specific provisions in the safety standards that set forth requirements for steerable rear axles. Thus, your company as the manufacturer of such a product would not have to certify that a steerable rear axle complies with any safety standard before offering it for sale to the public. However, the addition of a steerable rear axle to a vehicle before its first sale to the public could affect the vehicle's compliance with various safety standards. In such a case, the manufacturer or alterer that installed this product on a new vehicle would have to certify that the vehicle, with the steerable rear axle installed, complied with all applicable safety standards. For example, installation of the steerable axle could affect the vehicle's compliance with the applicable braking standard (Federal Motor Vehicle Safety Standard No. 121, Air brake systems) or the tire and rim selection standard (FMVSS No. 119, New pneumatic tires for vehicles other than passenger cars). Of course, you will need to consider other safety effects that operation of the steerable axle system could have. Among these considerations would be ensuring that the trailer's gross axle weight rating (GAWR) is not exceeded when the steering system is in operation and the the trailer is supported by only the steerable axle instead of by both the steerable and fixed axles. Although we do not have any standards that directly apply to your product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your steerable rear axle are subject to the requirements in sections 151-159 of the Vehicle Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. The Safety Act specifies that if either your company or this agency determines that a safety-related defect exists in your product, your company as the manufacturer must notify purchasers of the safety-related defect and must either: (1) repair the parts so that the defect is removed, or (2) replace the parts with identical or reasonably equivalent parts which do not have a defect. Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than 8 years before the notification campaign. In addition, the use of your product could be affected by section 108(a)(2)(A) of the Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, dealer, distributor, or repair business from knowingly 'rendering inoperative' any device or element of design installed on or in a vehicle to comply with an applicable safety standard. To avoid a 'rendering inoperative' violation, the above-named parties should examine the proposed installation instructions for the steerable rear axle and compare those instructions with the requirements of our safety standards, to determine if installing the steerable rear axle in accordance with those instructions would result in the vehicle no longer complying with the requirements of the safety standards. If the installation of the steerable rear axle would not result in a rendering inoperative of the vehicle's compliance with the safety standards, the product can be installed by dealers, distributors, and repair shops without violating any Federal requirements. The Safety Act places the initial responsibility for determining whether the installation of this steerable rear axle on vehicles would result in a 'render inoperative' violation on your company. This agency may reexamine your determination in the context of an enforcement action. For your information, I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and new motor vehicle equipment. This sheet gives a brief description of our regulations and explains how to obtain copies of those regulations. You should also be aware that State laws may apply to your product. I hope this information is helpful. Please feel free to contact this office if you have any further questions or need additional information. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosure";