ID: 9663

Mr. Ilmars Ozols
2925 Escoba Drive, Unit 206
Palm Springs, CA 92264

Dear Mr. Ozols:

This responds to your February 8, 1994, letter asking about how this agency's regulations might apply to your product, the Serv-o-tray. I am pleased to have this opportunity to explain our regulations.

It appears from the enclosed technical description and photograph that the Serve-o-tray is a folding adjustable table designed to mount between the driver and passenger seats of a vehicle, and hold food, drinks, etc. As depicted, the Serv-o- tray is secured to the center console with an adhesive pad. The table is mounted on a swiveling, articulated, lockable arm that is composed of two horizontal and two vertical tubular support members. The Serv-o-tray is made of injection molded plastic and is capable of supporting up to 20 pounds, including a laptop computer. You explain that your product is intended to be used while the vehicle is stationary or moving.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. Section 102(4) of the National Traffic and Motor Vehicle Safety Act (the "Safety Act") defines, in relevant part, the term "motor vehicle equipment" as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle ... (emphasis added).

In determining whether an item of equipment is considered an accessory, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We determine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be used principally by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an "accessory" and thus is subject to the provisions of the Safety Act.

Applying these criteria to the Serv-o-tray, it appears that this product would be an accessory and thus an item of motor vehicle equipment. Based on our understanding of the product, it appears that a substantial portion of the expected use of the Serv-o-tray relates to motor vehicle operation, by allowing the occupants to eat while operating the car. Also, it appears that the product would typically be used by ordinary users of motor vehicles.

While the Serv-o-tray is an item of motor vehicle equipment, NHTSA has not issued any standards for such a device. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the product's manufacturer are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that you or NHTSA determines that the product contains a safety related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

This agency is very concerned about the safety implications of the Serv-o-tray, especially if it is swiveled in front of the occupants in an air bag-equipped vehicle. Under the provisions of FMVSS No. 208, "Occupant Crash Protection," all new cars and trucks must be equipped with a driver side and passenger side air bag by September 1, 1998. Manufacturers are already producing ever increasing numbers of air bag-equipped cars and trucks. The enclosed document entitled "Sudden Impact" describes the speed with which an air bag deploys. Should the Serv-o-tray be installed in an air bag- equipped vehicle, the occupants could be at risk of injury or death from the interaction of the deploying air bag and the Serv-o-tray or its contents. To protect the occupant, this agency will require that every new vehicle with an air bag be provided with a caution label that states, among other things, "TO AVOID SERIOUS INJURY . . . Do not place any objects over the air bag or between the air bag and yourself." As you can see, the installation of a Serv-o-tray could be contrary to this warning.

There are other potential safety problems associated with the Serv-o-tray. Even without being propelled by an air bag, the Serv-o-tray or its contents could impact the occupant's head, abdomen or lower extremities during a collision. It also seems possible that the Serv-o-tray could interfere with the driver's use of the vehicle's transmission shift lever in an emergency situation. We ask that you consider these and all possible safety impacts of the Serv-o-tray.

If the Serv-o-tray were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle, with the Serv-o-tray installed, complies with all FMVSS's. Among the FMVSS's that might be affected by the Serv-o-tray installation are Standard No. 201, "Occupant Protection in Interior Impact" (copy enclosed), and Standard No. 208.

A commercial business that installs the Serv-o-tray would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.

This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your product if the Serv-o-tray renders inoperative the vehicle's compliance with the FMVSS's. For instance, installing the Serv-o-tray in front of the driver or passenger could degrade the performance of an air bag or the seat belts in the vehicle. Any violation of this "render inoperative" prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation.

Please note also that the render inoperative prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install the Serv-o-tray in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your product would be permitted.

I hope this information is helpful. I have enclosed a fact sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." If you have any further questions about NHTSA's safety standards, please feel free to contact us at this address or by telephone at (202) 366-2992. Sincerely

John Womack Acting Chief Counsel

Enclosure

ref:VSA d:5/6/94

ID: nht94-2.72

TYPE: INTERPRETATION-NHTSA

DATE: May 6, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ilmars Ozols

TITLE: None

ATTACHMT: Attached To Letter Dated 2/8/94 From Ilmars Ozols To John Womack (OCC-9663)

TEXT: Dear Mr. Ozols:

This responds to your February 8, 1994, letter asking about how this agency's regulations might apply to your product, the Serv-o-tray. I am pleased to have this opportunity to explain our regulations.

It appears from the enclosed technical description and photograph that the Serve-o-tray is a folding adjustable table designed to mount between the driver and passenger seats of a vehicle, and hold food, drinks, etc. As depicted, the Serv-o-tray is secu red to the center console with an adhesive pad. The table is mounted on a swiveling, articulated, lockable arm that is composed of two horizontal and two vertical tubular support members. The Serv-o-tray is made of injection molded plastic and is capab le of supporting up to 20 pounds, including a laptop computer. You explain that your product is intended to be used while the vehicle is stationary or moving.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. Section 102(4) of the N ational Traffic and Motor Vehicle Safety Act (the "Safety Act") defines, in relevant part, the term "motor vehicle equipment" as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle . . . (emphasis added).

In determining whether an item of equipment is considered an accessory, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We de termine a product's expected use by considering product advertising, product labeling, and the type of store that

2

retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be used principally by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an "accessory" and thus is subject to the provisions of the Safety Act.

Applying these criteria to the Serv-o-tray, it appears that this product would be an accessory and thus an item of motor vehicle equipment. Based on our understanding of the product, it appears that a substantial portion of the expected use of the Serv- o-tray relates to motor vehicle operation, by allowing the occupants to eat while operating the car. Also, it appears that the product would typically be used by ordinary users of motor vehicles.

While the Serv-o-tray is an item of motor vehicle equipment, NHTSA has not issued any standards for such a device. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the product's manufact urer are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that you or NHTSA determines that the product contains a safety related de fect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

This agency is very concerned about the safety implications of the Serv-o-tray, especially if it is swiveled in front of the occupants in an air bag-equipped vehicle. Under the provisions of FMVSS No. 208, "Occupant Crash Protection," all new cars-and t rucks must be equipped with a driver side and passenger side air bag by September 1, 1998. Manufacturers are already producing ever increasing numbers of air bag-equipped cars and trucks. The enclosed document entitled "Sudden Impact" describes the spe ed with which an air bag deploys. Should the Serv-o-tray be installed in an air bag-equipped vehicle, the occupants could be at risk of injury or death from the interaction of the deploying air bag and the Serv-o-tray or its contents. To protect the occ upant, this agency will require that every new vehicle with an air bag be provided with a caution label that states, among other things, "TO AVOID SERIOUS INJURY . . . Do not place any objects over the air bag or between the air bag and yourself." As you can see, the installation of a Serv-o-tray could be contrary to this warning.

There are other potential safety problems associated with the Serv-o-tray. Even without being propelled by an air bag, the Serv-o-tray or its contents could impact the occupant's head,

3

abdomen or lower extremities during a collision. It also seems possible that the Serv-o-tray could interfere with the driver's use of the vehicle's transmission shift lever in an emergency situation. We ask that you consider these and all possible safe ty impacts of the Serv-o-tray.

If the Serv-o-tray were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle, with the Serv-o-tray installed, complies with all FMVSS's. Among the FMVSS's that might be affected by th e Serv-o-tray installation are Standard No. 201, "Occupant Protection in Interior Impact" (copy enclosed), and Standard No. 208.

A commercial business that installs the Serv-o-tray would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397 (a)(2)(A)) provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle . . . in compliance with an applicable Federal motor vehicl e safety standard.

This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your product if the Serv-o-tray renders inoperative the vehicle's compliance with the FMVSS's. For instance, installing the Serv-o-tray in front of th e driver or passenger could degrade the performance of an air bag or the seat belts in the vehicle. Any violation of this "render inoperative" prohibition would subject the violator to a potential civil penalty of up to $ 1,000 for each violation.

Please note also that the render inoperative prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install the Serv-o-tray in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual St ates have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your product would be permitted.

4

I hope this information is helpful. I have enclosed a fact sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." If you have any further questions about NHTSA's safety standards, please feel free to contact us at this address or by telephone at (202) 366-2992.

Sincerely

Enclosure

ID: nht94-5.48

DATE: May 6, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ilmars Ozols

TITLE: None

ATTACHMT: Attached To Letter Dated 2/8/94 From Ilmars Ozols To John Womack (OCC-9663)

TEXT: Dear Mr. Ozols:

This responds to your February 8, 1994, letter asking about how this agency's regulations might apply to your product, the Serv-o-tray. I am pleased to have this opportunity to explain our regulations.

It appears from the enclosed technical description and photograph that the Serve-o-tray is a folding adjustable table designed to mount between the driver and passenger seats of a vehicle, and hold food, drinks, etc. As depicted, the Serv-o-tray is secured to the center console with an adhesive pad. The table is mounted on a swiveling, articulated, lockable arm that is composed of two horizontal and two vertical tubular support members. The Serv-o-tray is made of injection molded plastic and is capable of supporting up to 20 pounds, including a laptop computer. You explain that your product is intended to be used while the vehicle is stationary or moving.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. Section 102(4) of the National Traffic and Motor Vehicle Safety Act (the "Safety Act") defines, in relevant part, the term "motor vehicle equipment" as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle . . . (emphasis added).

In determining whether an item of equipment is considered an accessory, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We determine a product's expected use by considering product advertising, product labeling, and the type of store that

2

retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be used principally by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an "accessory" and thus is subject to the provisions of the Safety Act.

Applying these criteria to the Serv-o-tray, it appears that this product would be an accessory and thus an item of motor vehicle equipment. Based on our understanding of the product, it appears that a substantial portion of the expected use of the Serv-o-tray relates to motor vehicle operation, by allowing the occupants to eat while operating the car. Also, it appears that the product would typically be used by ordinary users of motor vehicles.

While the Serv-o-tray is an item of motor vehicle equipment, NHTSA has not issued any standards for such a device. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the product's manufacturer are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that you or NHTSA determines that the product contains a safety related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

This agency is very concerned about the safety implications of the Serv-o-tray, especially if it is swiveled in front of the occupants in an air bag-equipped vehicle. Under the provisions of FMVSS No. 208, "Occupant Crash Protection," all new cars-and trucks must be equipped with a driver side and passenger side air bag by September 1, 1998. Manufacturers are already producing ever increasing numbers of air bag-equipped cars and trucks. The enclosed document entitled "Sudden Impact" describes the speed with which an air bag deploys. Should the Serv-o-tray be installed in an air bag-equipped vehicle, the occupants could be at risk of injury or death from the interaction of the deploying air bag and the Serv-o-tray or its contents. To protect the occupant, this agency will require that every new vehicle with an air bag be provided with a caution label that states, among other things, "TO AVOID SERIOUS INJURY . . . Do not place any objects over the air bag or between the air bag and yourself." As you can see, the installation of a Serv-o-tray could be contrary to this warning.

There are other potential safety problems associated with the Serv-o-tray. Even without being propelled by an air bag, the Serv-o-tray or its contents could impact the occupant's head,

3

abdomen or lower extremities during a collision. It also seems possible that the Serv-o-tray could interfere with the driver's use of the vehicle's transmission shift lever in an emergency situation. We ask that you consider these and all possible safety impacts of the Serv-o-tray.

If the Serv-o-tray were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle, with the Serv-o-tray installed, complies with all FMVSS's. Among the FMVSS's that might be affected by the Serv-o-tray installation are Standard No. 201, "Occupant Protection in Interior Impact" (copy enclosed), and Standard No. 208.

A commercial business that installs the Serv-o-tray would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397 (a)(2)(A)) provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard.

This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your product if the Serv-o-tray renders inoperative the vehicle's compliance with the FMVSS's. For instance, installing the Serv-o-tray in front of the driver or passenger could degrade the performance of an air bag or the seat belts in the vehicle. Any violation of this "render inoperative" prohibition would subject the violator to a potential civil penalty of up to $ 1,000 for each violation.

Please note also that the render inoperative prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install the Serv-o-tray in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your product would be permitted.

4

I hope this information is helpful. I have enclosed a fact sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." If you have any further questions about NHTSA's safety standards, please feel free to contact us at this address or by telephone at (202) 366-2992.

Sincerely

Enclosure

ID: GF005146

Mr. Milo Plasil
Intertech
2629 Purdue Avenue
Los Angeles, CA 90064

Dear Mr. Plasil:

This responds to your e-mail to George Feygin of my staff in which you ask several questions regarding 49 CFR Part 555 (Part 555). Part 555 provides a means by which manufacturers of motor vehicles may obtain a temporary exemption from the National Highway Traffic Safety Administration (NHTSA) of certain motor vehicles from compliance with one or more Federal motor vehicle safety standards (FMVSSs) or with NHTSAs bumper standard.

You ask about complex fact scenarios. We have simplified and restated your questions as we have understood them, and follow each question with our answer.

1. Suppose a manufacturer builds vehicles from various new parts and subassemblies. Later, its Part 555 petition is granted. Can a vehicle assembled from the parts prior to the agencys grant of the Part 555 petition be entered into interstate commerce as "used," "demonstration" or "testing" vehicles?

A vehicle may be sold if it is covered by the Part 555 exemption, but the vehicle would have to meet all applicable FMVSSs (except to the extent exempted by the grant of the petition). The FMVSSs apply to the vehicle until the vehicles first purchase in good faith other than for resale. Calling a vehicle a "used," "demonstration" or "test" vehicle before the vehicles first purchase in good faith other than for resale does not make the vehicle "used" in NHTSAs view. The vehicle would be considered "new," and would have to meet the applicable FMVSSs when it is sold or introduced into interstate commence.

2. How can a U.S. manufacturer of vehicles described in Question 1, "register" and "license" them for testing on public roads prior to agencys decision on the Part 555 petition?

Under the pertinent portion of 49 U.S.C. 30112, "a person may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States," any motor vehicle unless it complies with, and is certified as complying with, all applicable FMVSSs. Accordingly, test vehicles cannot be introduced into interstate commerce by being driven on public roads until they are certified in accordance with NHTSAs certification requirements for vehicle manufacturers (these requirements are attached to this letter).

3. If the petition for Part 555 exemption is granted, and the manufacturer sells less than the maximum of 2,500 vehicles in the first year of exemption, can this manufacturer sell more than 2,500 vehicles the second year if the two year total does not exceed 5,000 vehicles?

Carry-forward or carry-back credits are not permitted. If the manufacturer obtains a temporary exemption on grounds other than financial hardship (see 49 CFR 555.6 (b) through (d)), the number of exempted vehicles that can be sold is limited to 2,500 in any 12-month period. Accordingly, a manufacturer cannot sell more than 2,500 exempted vehicles in the second year of exemption, even if it sold less than 2,500 in the first year, and the two-year total is below 5,000.

If the manufacturer obtains a Part 555 exemption on financial hardship grounds, there is no limit on the number of exempted vehicles that can be sold. Note that under 555.6(a)(1)(v), to be eligible for a petition on financial hardship grounds the total number of motor vehicles produced by or on behalf of the petitioner in the 12-month period prior to filing the petition cannot exceed 10,000.

4. If the exemption is granted for 900 vehicles per year, and the manufacturer sells only 600 in the first year, can the manufacturer sell an extra 300 vehicles in the second year of exemption?

When the agency grants a petition for a Part 555 exemption, the agency generally does not specify the number of exempted vehicles that may be sold each year, so long as the number of exempted vehicles does not exceed 2,500 in any 12-month period. As stated in my answer to question 3, carry-forward credits are not permitted. As also explained in that answer, there are no limits on eligible manufacturers (manufacturing less than 10,000 vehicles in the past 12 months) exempted on financial hardship grounds.

5. If the petition for Part 555 exemption is granted, can the exempted manufacturer sell the same vehicle under a different name?Specifically, the manufacturer is uncertain as to the name of the vehicle. Must the application for exemption be name-specific?

Section 555.9(a) requires the manufacturer of exempted vehicles to submit to NHTSA a sample certification label that would appear on those vehicles (the relevant certification label requirements are attached). The certification labels must include the vehicle identification number (VIN). Under Part 565, the VIN must include the vehicle name. Because the VINs are name-specific, a mid-term change by the manufacturer of the exempted vehicles name would require that manufacturer to resubmit its sample certification label with a VIN that is formatted using the revised name. We note, of course, that a name change would have no affect on the maximum quantity of vehicles subject to the exemption.

6. The entity seeking exemption will initially assemble vehicles in the U.S. However, the same entity may later wish to import assembled vehicles from a foreign country. Are registered importers eligible for Part 555 exemptions? If so, may the same entity apply for a single exemption as an importer and a manufacturer?If not, must the foreign entity assembling these vehicles petition for a separate Part 555 exemption?

The exemption provisions in 49 U.S.C. 30113, implemented in Part 555, apply only to vehicle manufacturers. While a registered importer may file a Part 555 temporary exemption petition on behalf of a foreign manufacturer (if it acts in the capacity of the manufacturers agent in the United States), the agency will consider the circumstances of the manufacturer, and not the importer, in deciding on the petition (see 33 FR 14557, and an October 9, 1990 letter to Mr. William D. Rogers, copies enclosed).

7. How can the petitioner "reconcile possible honest differences of compliance interpretation, if they appear when the vehicles are selectively tested for compliance"?

Each of the FMVSSs specifies the test conditions and procedures that this agency will use to evaluate the performance of the vehicle or equipment being tested for compliance with the particular safety standard. Manufacturers are not required to test their products in the manner specified in the relevant FMVSS as their basis for certifying that the product complies with that standard. A manufacturer may choose any means of evaluating its products in order to determine, in good faith, that the vehicle or equipment will comply with the FMVSSs when tested by the agency according to the procedures specified in the standard. However, manufacturers often choose to follow the test conditions and procedures that NHTSA will use in conducting compliance testing.

NHTSA may ask a manufacturer to provide basis for its certification that the vehicle or equipment complies with the FMVSS. If in fact there is a noncompliance, a manufacturer would have to recall the product to bring it into compliance, at no charge to the customer. In addition, the manufacturer could be subject to civil penalties unless it can establish that it had no reason to know, despite exercising "reasonable care" in the design and manufacture of the product, that the product did not in fact comply with the safety standards (49 U.S.C. 30112(b)(2)(A)).

8. Does NHTSA have an entity that can inspect a prototype vehicle subject to the exemption petition in order to ensure that they are accurately described in the petition for exemption?

Our statute establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable FMVSSs. NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Consistent with this statutory framework, NHTSA does not have an entity that inspects vehicles for compliance with our programs. Under 555.5(c), the knowing and willful submission of false, fictitious or fraudulent information will subject the petitioner to the civil and criminal penalties of 18 U.S.C. 1001.

9. How do I obtain information on NHTSA investigations pertaining to Land Rover Defender, model years 1993 to 1997?

Summary information on all NHTSA defect investigations since 1972 is available online at: http://www-odi.nhtsa.dot.gov/cars/problems/defect/defectsearch.cfm. If this database contains files pertaining to the vehicle in question, you may purchase copies of the investigation documents online.

If you have any other questions, please contact Mr. Feygin at this address or by phone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:555
d.12/9/04

ID: 11664ANGLE

Mr. Stephen T. Long
Xportation Safety Concepts Inc. (XSCI)
4143 Sinton Road
Colorado Springs, CO 80907

Dear Mr. Long:

This responds to your letter asking about S5.1.4 of Federal Motor Vehicle Safety Standard No. 213, AChild Restraint Systems.@ That provision of the standard sets limits on the back support angle provided by a rear-facing child seat.

According to your letter, your company, XSCI, is developing a rear-facing infant seat that can be used in the front seat of vehicles equipped with passenger side air bags. You state, AWe have consistently demonstrated [Head Injury Criterion] HIC values of less than 400 in standard sled tests (30+ mph). We believe we can lower these HIC values even more if we change the angle of the cradle back support that we currently are using.@ You ask whether your understanding is correct that Athe cradle [depicted in a sketch you enclosed] can be at any angle from 0 (upright) to 70 degrees (almost horizontal) and still be within FMVSS 213 guidelines.@ Our answer is yes, your understanding of S5.1.4 is correct.

S5.1.4, Back Support Angle, states:

When a rear-facing child restraint system is tested in accordance with S6.1 [Standard 213's dynamic test], the angle between the system=s back support surface for the child and the vertical shall not exceed 70 degrees.

This means that the child restraint system=s back support surface and the vertical must not exceed 70 degrees at any time during the dynamic test of Standard 213. Your sketch indicates that you correctly understand S5.1.4's reference to the angle of A70 degrees@ formed by the back support surface and the vertical.

While your understanding of S5.1.4 is correct, a few aspects of your letter should be clarified. The first aspect was discussed with you in a March 18, 1996 telephone conversation with Deirdre Fujita of my staff. As discussed in that call, S5.1.1(b) of Standard 213 requires that a child restraint that is adjustable to different positions must remain in the same adjustment position during the dynamic test that it was in immediately before the test. (There is an exception to the requirement (S5.1.1(b)(2)), but it would not apply to a restraint such as yours.) While it appears from your sketch that the infant seat may fail to remain in the same adjustment position in the test, you informed Ms. Fujita that the seat back angle is Afixed@ on your system, and thus would not change adjustment position as depicted.

Second, when you asked about S5.1.4, you referred to the specifications of FMVSS 213 as Aguidelines.@ We emphasize that the provisions set forth in S5 of the standard are not guidelines, but are requirements that apply to all new child restraint systems. Each manufacturer of a child restraint system must certify the compliance of its product to Standard 213's requirements.

For your information, Standard 213 was amended in July 1995 to incorporate additional test dummies for use in compliance tests, along with other changes to the standard as well. Under the amendment, child restraints recommended for children with a mass of up to 10 kilograms (approximately 22 pounds) may be tested by NHTSA using test dummies representing both a newborn and a nine-month-old child. I have enclosed a copy of this July 6, 1995 rule (60 FR 35126) for your convenience.

I have also enclosed an information sheet for manufacturers of motor vehicles and motor vehicle equipment. The information sheet describes manufacturers' responsibilities under Federal law (Title 49, United States Code, Chapter 301) for manufacturing vehicles and items of equipment, such as the responsibility to ensure these products do not have any safety-related defects. Under Federal law, each manufacturer must self-certify that its product complies with all applicable safety standards. The NHTSA does not approve or endorse any products.

I hope this information is helpful. If you have any other questions, please do not hesitate to contact Ms. Fujita at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosures

ref:213 d:4/30/96

ID: 11412a

Jeffrey S. Bakst, Esq.
Attorney at Law
2406 Auburn Avenue
Cincinnati, OH 45219-2702

Dear Mr. Bakst:

This responds to your request for the views of the National Highway Traffic Safety Administration (NHTSA) on two questions related to litigation in which you are currently involved, that refer to Federal Motor Vehicle Safety Standard No. 124, Accelerator control systems. The two questions and our responses are set out below.

You advise us that you are "dealing with a 1988 Dodge Ram 50 truck manufactured by Mitsubishi in Japan, sold in July, 1988." You informed Dorothy Nakama of my staff that in December 1990, your client was injured while driving the Dodge Ram truck. You further informed Ms. Nakama that our October 26, 1995 interpretation letter to Hugh Bode, Esq. addressed Mr. Bode's questions stemming from the same accident and lawsuit as yours.

Question 1. If the manufacturer discovers a safety-related problem after the vehicle has been sold to the first purchaser in good faith, does the manufacturer have a legal duty to notify NHTSA and/or the purchaser of this problem? If yes, what must a manufacturer do for the purchaser?

The answer to the first part of this question is yes. Pursuant to 49 U.S.C.' 30118(c):

A manufacturer of a motor vehicle . . . shall notify [NHTSA] by certified mail, and the owners, purchasers, and dealers of the vehicle . . . if the manufacturer --

(1) learns the vehicle contains a defect and decides in good faith that the defect is related to motor vehicle safety . . .

Under 49 U.S.C. '30120, where such notification is required, the manufacturer "shall remedy the defect . . . without charge when the vehicle is presented for remedy." The vehicle manufacturer

may choose to remedy the defect by repairing the vehicle, replacing it with an identical or reasonably equivalent vehicle, or refunding the purchase price, less a reasonable allowance for depreciation. The requirement that the remedy be provided without charge does not apply if the vehicle was bought by the first purchaser more than eight years prior to the manufacturer's defect determination.

Question 2. Assume there is a safety-related defect in a brand new carburetor that results in engine overspeed. If the "two sources of energy" are not sufficient to return the throttle to idle position when the driver removes the actuating force from the accelerator control in use, does the carburetor fail to comply with FMVSS 124?

The relevant portion of FMVSS No. 124 (S5.1) provides as follows:

There shall be at least two sources of energy capable of returning the throttle to the idle position within the time limit specified by S5.3 from any accelerator position or speed whenever the driver removes the opposing actuating force. In the event of failure of one source of energy by a single severance or disconnection, the throttle shall return to the idle position within the time limits specified by S5.3, from any accelerator position or speed whenever the driver removes the opposing actuating force.

Under the standard, with either energy source severed or disconnected, the standard requires that the remaining energy source return the throttle to the idle position within the specified time from any accelerator position or speed whenever the driver removes the opposing actuating force.

NHTSA's Office of Vehicle Safety Compliance, (at (202) 366-2832), is the office within NHTSA which has the authority to investigate whether there is a noncompliance with the Federal Motor Vehicle Safety Standards. We are not in a position to render an opinion as to whether the facts you describe indicate the existence of a safety-related defect.

For your information, I am enclosing a copy of our October 26, 1995 letter to Hugh J. Bode, Esq. If you have any further questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure ref:VSA#124 d:12/28/95

ID: 1985-02.40

TYPE: INTERPRETATION-NHTSA

DATE: 06/07/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. M. Mizuguchi

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. M. Mizuguchi Ashimori Industry Co., Ltd. 12, 4-chome Yokobori, Higashi-ku Osaka, Japan

Dear Mr. Mizuguchi:

Your letter of February 28, 1985, was forwarded to my office for reply. You asked whether the webbing attached to a buckle you intend to use must meet the webbing width requirement of S4.2 of Standard No. 209, Seat Belt Assemblies. The webbing is enclosed in a plastic sheath. As explained below, the webbing must meet the width requirement of the standard.

S4.2 of Standard No. 209 provides that the "width of the webbing in a seat belt assembly shall be not less than 1.8 inches, except for portions that do not touch a 95th percentile adult male with the seat in any adjustment position and the seat back in the manufacturer's nominal design riding position when measured under the conditions prescribed in S5.1(a)." The purpose of S4.2 is to ensure that belt webbing which comes into contact with an occupant has a minimum width that spreads the load imposed by the belt in a crash. By requiring webbing to spread rather than concentrate the load, the belt width requirement helps minimize the possibility of webbing-caused injury.

In the case of your design, the webbing is enclosed in a tightly-fitting plastic sheath. You state that the webbing/sheath combination can come into contact with an occupant. The sheath enclosed with your sample is made from an easily deformable plastic. Thus, when the crash loads are imposed by the belt, the sheath will deform and the crucial factor in concentrating the load on an occupant is the width of the belt. Since the webbing/sheath combination can contact and impose crash loads on an occupant, the agency concludes that the webbing must meet the minimum width requirement of S4.2.

If the webbing were encased in a reinforced sheath that did not appreciably deform under loading, the agency would consider both the width of the webbing and its encasing sheath in determining whether the requirement of S4.2 was met.

I have enclosed the sample of your product sent with your letter. If you have any further questions, please let me know.

Sincerely,

Jeffrey R. Miller Chief Counsel

Enclosure

Ref. No M/M02-28 Osaka Feb, 28, 1985

Messrs. Department of Transportation National Highway Traffic Safety Administration Washington, D. C. 20590, U. S. A.

Attn: Mr. Francis Armstrong Director Office of Vehicle Safety Compliance Enforcement

Dear Mr. Francis Armstrong,

We'd like to ask you the following question. Recently, we are trying to make a soft and flexibility seat belt system, and then the enclosed buckle is one of our sample. This sample is composed of narrow webbing and a little solid plastic boot. However, according to FMVSS NO. 209 item 4.2 (a) "webbing width" describing it's width should be not less than 1.8 inches (about 46mm), the problem of elongation and etc, it is very difficult for us to judge whether our sample does conform to regulation N0.209 on the view of interpretation of the Law or not. Of course, this assembly does meet with the requirement of seat belt assembly prescribing in NO. 209. When this sample is located in vehicle, we are afraid that this sample will touch slightly or enough to person's body. Here, we enclosed please find our sample of buckle side of seat belt assembly herewith. So could you pleases inform us of your official comments very soon. Your earliest written answer will be highly appreciated.

Yours faithfully,

Ashimori Industry Co., Ltd.

M. Mizuguchi

encl. sample of bucket seat

ID: nht87-3.22

TYPE: INTERPRETATION-NHTSA

DATE: 11/09/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: D. Burkard; H.T. Ebner -- Alfred Teves GMBH

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. D. Burkard Mr. H. T. Ebner Alfred Teves GMBH Postfach 900120 6000 Frankfurt 90 FEDERAL REPUBLIC OF GERMANY

Dear Mr. Burkard and Mr. Ebner:

This responds to your letter concerning the brake fluid reservoir labeling requirements of Federal Motor Vehicle Safety Standard No. 105, Hydraulic Brake Systems. You enclosed a sample and drawing of a new labeling design and asked whether it complies wi th the standard, even if there is no warning on the filler cap. Your labeling consists of a white plastic sleeve which is inserted over the mouth of the reservoir, such that the following lettering, in red, surrounds the filler cap: WARNING--CLEAN FILLER CAP BEFORE REMOVING. USE ONLY DOT 4 BRAKE FLUID FROM A SEALED CONTAINER. The plastic sleeve can be removed undamaged by lifting it over the mouth of the reservoir. You stated that the material is resistant to DOT brake fluid. Your question is addressed below.

By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufac turer to ensure that its vehicles or equipment comply with applicable standards. The following represents our opinion based on the facts provided in your letter.

Section S5.4.3 of Standard No. 105 reads as follows:

S5.4.3 Reservoir labeling--Each vehicle shall have a brake fluid warning statement that reads as follows, in letters at least one-eighth of an inch high: "WARNING, Clean filler cap before removing, Use only fluid from a sealed container". (Inserting the recommended type of brake fluid as specified in 49 CFR 571.116, e.g., "DOT 3"). The lettering shall be--

(a) Permanently affixed, engraved, or embossed;

(b) Located so as to be visible by direct view, either on or within 4 inches of the brake fluid reservoir filler plug or cap; and

(c) Of a color that contrasts with its background, if it is not engraved or embossed.

It is our opinion that your new design would not comply with the requirement in section S5.4.3 that the lettering be permanently affixed, engraved, or embossed. Since the lettering is obviously not engraved or embossed, I will discuss the only remaining option, that the lettering be "permanently affixed." The dictionary defines "affix" as follows: to attach physically (as by nails or glue) . . . ." The word "permanent" is defined as "continuing or enduring (as in the same state, status, place) without f undamental or marked change: not subject to fluctuation or alteration: fixed or intended to be fixed . . . ." (Webster's Third New International Dictionary, unabridged edition.) In light of these definitions, we do not believe that your brake fluid warni ng lettering would be "permanently affixed." Since your design permits the lettering to easily be removed and replaced, its physical attachment cannot be considered to be continuing or enduring and not subject to fluctuation or alteration. However, it ma y be possible for you to attach the lettering to the reservoir in a manner that it would be permanently affixed. One such method would appear to be bonding, although there may be other methods as well.

Sincerely, Erika Z. Jones Chief Counsel

Ms. Kathleen DeMeter Assistant Chief Counsel for General Law National Highway Traffic Safety Administration U.S. Department of Transport 400 Seventh Street S.W. Washington DC 20 590 U.S.A.

Hauptverwaltung

Your Ref. Our Ref. Extension Date TPV/Eb/ik -2991 07.08.1987

Re.: Brake fluid reservoir labeling Our request for interpretation of FMVSS 105

Dear Ms. DeMeter,

Thank you very much for your letter of July, 1987.

The drawing No. 3-04066-26 concerning reservoir labeling is released for publication.

In anticipation that nothing will stand against further actions in interpretation of our matter,

Sincerely, Alfred Teves GMBH ppa. D. Burkard I.A. H.T. Ebner

ID: 77-2.3

TYPE: INTERPRETATION-NHTSA

DATE: 03/29/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: U. S. Suzuki Motor Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your February 23, 1977, letter asking whether three proposed labels satisfy the requirements for label identification found in Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars.

The National Highway Traffic Safety Administration (NHTSA) does not issue advance approval of compliance by manufacturers with motor vehicle safety standards or regulations. The agency, however, will give an informal opinion as to whether your sample labels appear to comply with the requirements of Standard No. 120. A review of the labels you supplied indicates that you have used a different format than illustrated in our notice of February 7, 1977 (42 Federal Register 7140). For example, the amended Standard No. 120 does not require the words "with the tires listed below" or even the word "with" before the tire size. The deletion of such superfluous words from the label requirements of Standard No. 120 resulted from comments by manufacturers, particularly motorcycle manufacturers, that unnecessary words needlessly increase the size of the label.

The example of label information shown in S5.3 of the standard is intended only as a guide to manufacturers. A manufacturer can vary the illustrated format somewhat as long as the requirements of S5.3 are satisfied. Since the additional words on your labels do not obfuscate the certification statement, the labels appear to comply with the requirements of Standard No. 120 and Part 567.

SINCERELY,

U.S. SUZUKI Motor Corporation

February 23, 1977

Office of Chief Counsel National Highway Traffic Safety Administration U. S. Department of Transportation

Having reviewed the notice published in a recent issue of the FEDERAL REGISTER covering FMVSS no. 120 we are submitting examples of our proposed certification labels for your inspection. For this purpose please see attachment. We believe that any of these three proposals meet the requirements of 49 CFR ss571.120 S5.3 (label information) as amended.

Since the notice cited above did not address motorcycle certification labels specifically (the notice gave an example for trucks) we felt it is important that we have some clarification on this subject. The effective date, September 1, 1977, is fast approaching. Your response will be greatly appreciated.

Jeffrey L. Link Supervisor, Product Safety Safety and Legislation Department

MFD BY: SUZUKI MOTOR CO., LTD MFD IN: (Illegible Word)/76 THIS VEHICLE CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS IN EFFECT ON THE DATE OF MANUFACTURE SHOWN ABOVE. GVWR 847 LBS WITH THE TIRES LISTED BELOW GAWR/FRONT 315 LBS WITH 3.25H19-4PR TIRES, 19X1.85B RIM AT 18PSI COLD. GAWR/REAR 532 LBS WITH 4.00H18-4PR TIRES, V.I.N. (Illegible Word) 18X2.15B RIM AT 25PSI COLD. GT750-(Illegible Word) MOTORCYCLE MADE IN JAPAN

MFD BY: SUZUKI MOTOR CO., LTD

MFD IN: (Illegible Word)/76

GVWR 847 LBS WITH THE TIRES LISTED BELOW GAWR/FRONT 315 LBS WITH 3.25H19-4PR TIRES, 19X1.85B RIM AT 18 PSI COLD. GAWR/REAR 532 LBS. WITH 4.00H18-4PR TIRES, 18X2.15B RIM AT 25 PSI COLD. THIS VEHICLE CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS IN EFFECT ON THE DATE OF MANUFACTURE SHOWN ABOVE. V.I.N. GT750 (Illegible Word) MOTORCYCLE MADE IN JAPAN

MFD BY: SUZUKI MOTOR CO., LTD MFD IN: (Illegible Word)/76 GVWR 847 LBS WITH THE TIRES LISTED BELOW GAWR/FRONT 315 LBS WITH 3.25H19-4PR TIRES, 19X1.85B RIM AT 18 PSI COLD. GAWR/REAR 532 LBS WITH 4.00H18-4PR TIRES, 18X2.15B RIM AT 25 PSI COLD. THIS VEHICLE CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS IN EFFECT ON THE DATE OF MANUFACTURE SHOWN ABOVE. V.I.N. (Illegible Word) GT750 - (Illegible Word) MOTORCYCLE MADE IN JAPAN

ID: 1983-3.2

TYPE: INTERPRETATION-NHTSA

DATE: 09/02/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Peterson Manufacturing Company -- Paul Scully, Vice President

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Paul Scully Vice President Peterson Manufacturing Company 4200 East 135th Street Grandview, MO 64030

Dear Mr. Scully:

This is in reply to your letter of July 22, 1983, to Mr. Cavey of this agency.

With respect to paragraph S4.1.1.7 of Standard No.108 Lamps Reflective Devices, and Associated Equipment you have stated your understanding that paragraph applies only to turn signal lamps manufactured between January 1, 1972 and September 1, 1978, and that turn signal lamps must now comply with SAE Standard J588e, September 1970.

Paragraph S.4.1.1.7 did allow vehicular compliance with SAE J588d as an option to J588e. J588d required that any turn signal lamp used on a vehicle whose overall width was 80 inches or more have a minimum of 12 square inches effective projected luminous lens area. On the other hand, SAE J588e requires a minimum of 8 square inches effective projected luminous lens area on all single compartment rear turn signal lamps, regardless of vehicle width. However, on vehicles 80 inches or more in overall width, two turn signal lamps or compartments per side may be mounted closer together than 22 inches provided each meets single compartment photometric requirements and each has a minimum effective projected luminous lens area of 12 square inches. Thus, your understanding is correct.

I would also point out that, pursuant to Section S4.7.1 of Standard No. 108, the continued manufacture of turn signal lamps meeting J588d is permissible as replacement equipment for vehicles manufactured between January 1, 1972 and September 1, 1978.

Mr. Cavey has provided the copy of BMCS regulations which is enclosed.

Sincerely, Frank Berndt Chief Counsel

Enclosure

July 22, 1983

Mr. Kevin Cavey National Highway Traffic Safety Administration 400 Seventh Street SW Nassif Building Washington, DC 20590

Dear Kevin:

I need a copy of the Bureau of Motor Carrier Safety Regulations and I no longer have in my files the address of that agency. Would you be kind enough to telephone them and request that a copy of that booklet be forwarded to me. I would certainly appreciate it.

On a completely separate subject, a question arose today concerning the meaning of Paragraph S4.1.1.7 in FMVSS 108. The specific question related to the square inches of area needed for a turn signal on vehicles over 80".

My interpretation of the regulation has been that turn signal lamps for vehicles over 80" must comply with J588e dated September, 1970. This standard requires 8 square inches of area for single compartment lamps. That standard also spells out that when lamps are mounted closer together than 22" on vehicles over 80", they must then individually meet all of the requirements and must be 12 square inches.

Paragraph S4.1.1.7 only applies to turn signal lamps manufactured between January 1, 1972 and September 1, 1978 and simply permitted compliance with the prior standard J588d. This specific paragraph, in my judgment, only relates to vehicles built between the dates spelled out above and does not impact the area requirements as otherwise spelled out in J588e. Specifically, it is our understanding that the rear turn signal area for single compartment lamps is eight square inches regardless of the width of the vehicle. The only exception to this requirement is spelled out in the SAE standard which states that the area must be 12 square inches if indeed the units are placed closer together than 22". Can you please advise me if my interpretation is correct?

Very truly yours,

Paul Scully Vice President

PS/sld