ID: vastatepat.ztv

Col. W. Gerald Massengill
Superintendent
Department of State Police
Commonwealth of Virginia
P.O. Box 27472
Richmond, VA 23261-7472





Dear Col. Massengill:

This is in reply to your letter of April 19, 2001, to Taylor Vinson of this Office regarding undercover or "hide-a-way" lights on Virginia state police patrol vehicles. You would like to equip unmarked patrol cars with a certain lighting system for use on Interstate highways within the Commonwealth if the lights comply with Federal Motor Vehicle Safety Standard No. 108. You have asked two specific questions.

For the reasons discussed below, our answer is that you may equip your vehicles with this system without violating Federal law.

You write that "Ford Motor Company engaged a consulting firm, Crown North America, to install the Whelan lights in the taillight, four side marker lights, and possibly the parking lights of a new Crown Victoria for evaluation." The "Whelan lights" are apparently strobe lights. These appear to be part of a "Police Prep and Visibility Package" which forms the basis of a "Police Interceptor Police Package" marketed by Ford Motor Company. Under Ford's "Visibility Package," a strobe power supply is installed in the trunk of a vehicle "capable of controlling all strobe light heads."

You have asked:

"First, is whether the modification of the tail and marker lights to allow insertion of the strobe unit impairs the effectiveness of the equipment required by FMVSS 108, renders the equipment non-compliant or compromises the integrity of the original lighting devices?"

With respect to new vehicles, Standard No. 108 requires parking lamps, side marker lamps, and optional lighting to be steady burning in use (S5.5.10(d)). When parking lamps and side marker lamps are flashed by the strobe device, a noncompliance with Standard No. 108 would occur. Standard No. 108 also prohibits the installation of "other motor vehicle equipment . . . that impairs the effectiveness of lighting equipment required by this standard" (S5.1.3). Strobe lights are "other motor vehicle equipment" within the meaning of this phrase. We read the term "installation" to include use of the other vehicle equipment. Impairment of parking and side marker lamps will result if they are activated for a purpose other than to serve as parking and side marker lamps.

Traditionally, we defer to the judgment of States as to the installation and use of emergency lighting devices on its vehicles. In this instance, the strobe lights will be used on unmarked Ford Crown Victoria passenger cars, virtually identical to Ford Crown Victoria passenger cars available to the general public. We want to allow States to install and use strobe lights on unmarked vehicles yet we do not think it in the interest of safety to allow the general public to do the same on virtually identical vehicles.

We would distinguish police and private vehicles in this manner. The drivers that operate police vehicles will be instructed to use the strobe equipment only when it is required to alert a motorist to pull to the side of the road and thereafter to alert other motorists of the presence of stopped vehicles and law enforcement personnel at the side of the road. In all other circumstances, the parking lamps and side marker lamps will operate as they normally do. Thus, the noncompliance and impairment are temporary in nature and are necessary for the missions of the State police. We believe, then, that the strobe equipment is permissible because of the circumstances which are unique to law enforcement. This would not be the case for vehicles that are not specified by state or local laws to be emergency vehicles that may be required to have special, additional lighting.

"Second, once installed, if the strobes are removed and the hole plugged prior to auctioning the vehicle, would these modifications render the light noncompliant with FMVSS 108?"

We assume that you mean the tail and marker lamps to which you referred in your first question. If the strobes are removed from the tail and side marker lamps, and those lamps continue to perform as they originally did when the vehicle was certified by Ford Motor Company, then the removal of the strobes would not of themselves appear to render the light noncompliant with Standard No. 108. Care should be taken in plugging the holes to minimize the chance of environmental degradation (e.g., dust, moisture) of lighting performance.

Under Federal law (49 U.S.C. 30122), the State, as the owner of a vehicle, may itself modify the vehicle after its purchase even if this modification results in a noncompliance with a Federal motor vehicle safety standard. Further, there is no Federal requirement that the owner return the vehicle to compliance before selling it. However, we ask that the State Patrol ensure that lamps on vehicles it sells at auctions are properly wired and have the proper bulbs if these were affected by the installation or removal of the lamps used in undercover lighting schemes.

If you have further questions you may call Mr. Vinson (202-366-5263).

Sincerely,

John Womack
Acting Chief Counsel

ref:108
d.7/3/01

ID: nht93-5.1

TYPE: Interpretation-NHTSA

DATE: June 29, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA

TO: Michael H. Dunn -- Vice President of Marketing, Micho Industries

TITLE: None

ATTACHMT: Attached to letter dated 6-3-93 from Michael Dunn to Greg Fera; Also attached to letter dated 11-29-91 from Paul Jackson Rice to Michael H. Dunn; Also attached to letter dated 12-3-91 from Michael H. Dunn to Paul Jackson Rice.

TEXT: This agency has received copies of your May 17 and June 3, 1993, letters to Mr. Greg Fera, Pupil Transportation Specialist, New Jersey Department of Education, advising Mr. Fera that you can now "certify" your product, the R-Bar Passenger Restraint System (R-Bars), as complying with Federal Motor Vehicle Standard (FMVSS) No. 222.

This agency has repeatedly asked you to refrain from false or misleading representations that, among other things, NHTSA has "approved" R-Bars or that R-Bars comply with Federal safety standards. (For example, we sent a letter to you on this subject on November 29, 1991, copy attached.) As we previously explained, FMVSS 222, SCHOOL BUS SEATING AND CRASH PROTECTION, applies to school buses, not to individual items of motor vehicle equipment mounted or mountable in school buses, such as R-Bars. Further, there are no FMVSSs directly applicable to equipment such as R-Bars. Therefore, it is not possible to "certify" that R-Bars comply with any FMVSS.

In your December 3, 1991, response to our November 29, 1991, letter (copy attached), you stated that you and other company employees would refrain from suggesting that NHTSA has approved the R-Bars. However, that letter is silent as to our demand that your company cease its representation that R-Bars meet applicable Federal Standards.

To alleviate any possible misunderstanding, you are again asked to refrain from claiming that Micho Industries can "certify" the compliance of R-Bars. Such a claim is false, and misleads people into believing that your product complies with or is "certified" to a safety standard that does not exist. Such a false and misleading certification is prohibited by S108(a)(1)(C) of the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. S1397(a)(1)(C). This agency is prepared to bring appropriate legal action against you and your firm if you persist in making these representations in the future.

ID: aorc3.ogm

Mr. Steven R. Fredin
Chairman
Automotive Occupant Restraints Council
c/o Autoliv N.A., Inc.
1320 Pacific Drive
Auburn Hills, MI 48326

Dear Mr. Fredin:

This responds to your recent letter to Clarke Harper of our Office of Crashworthiness Standards regarding certain provisions of Federal Motor Vehicle Safety Standard (FMVSS) No. 209, Seat Belt Assemblies, and the compliance test procedures adopted by the National Highway Traffic Safety Administration (NHTSA) with respect to that standard.

Sections S4.3(j)(1) and S5.2(j) of Standard No. 209 provide that an emergency-locking retractor must lock before the webbing extends 25 mm (1 in.) when the webbing is subjected to an acceleration of 7 m/s² (0.7 g) within a period of 50 milliseconds (ms). You ask if the 0.7 g acceleration must be constant, if there is an allowable tolerance for the acceleration, if the 0.7 g must be maintained over a certain duration of time, and whether the acceleration trace is allowed to have a certain level of decay or declining acceleration during the test.

After providing background information with respect to the requirements applicable to manufacturers of motor vehicles and motor vehicle equipment and NHTSA's testing of those items, I will respond to your specific question about the test conditions and procedures applicable to the retractor requirements of Standard No. 209.

Congress has authorized the NHTSA to issue FMVSSs applicable to new motor vehicles and items of motor vehicle equipment (49 U.S.C.  30111). 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 (49 U.S.C.  30112, 30115). NHTSA then conducts compliance tests of selected products to determine whether the products, in fact, comply with applicable requirements, usually utilizing test facilities under contract to the agency.

Each FMVSS specifies performance requirements for the vehicles or equipment to which the standard applies. In addition to the test conditions and procedures set forth in the FMVSSs themselves, NHTSA provides instructions, known as "compliance test procedures" or "laboratory test procedures" (TP), for use by the test facilities with which the agency enters into contracts to conduct compliance tests. One purpose of the TP is to provide a standardized testing and data recording format among the various contractors that perform testing on behalf of the agency, so that the test results will reflect the performance characteristics of the product being tested, rather than differences between testing facilities.

The TP, of course, must not be inconsistent with the test procedures and conditions that are set forth in the relevant safety standard. However, the TP generally provides additional detail beyond what is set forth in the relevant FMVSS. In some cases, the TP does not refer to all of the performance requirements established by a standard, and in other cases it may direct the test facility to conduct a test at a lesser stringency than that set out in the standard. Nevertheless, the agency has repeatedly advised both manufacturers and the public that a TP does not limit the requirements of an applicable FMVSS, and each TP reiterates that principle.

While manufacturers are not required to conduct certification tests in any particular manner, any manufacturer that wishes to base its certification of compliance on a test procedure that is different from that included in the standard must necessarily assess whether the results of the alternative test procedure are good predictors of the results of the test procedure specified in the standard.

In the instant case, the agency believes that the provisions of S4.3(j)(1) and S5.2(j) are very clear. Under these sections, an emergency-locking retractor must, when the retractor is subjected to an acceleration of 0.7 g within a period of 50 ms, lock before the webbing extends more than 25 mm (1 in.). Nothing in the standard purports to require a constant acceleration (or a constant rate of increase of acceleration), to establish a specific period during which the acceleration must be maintained, or to prohibit any "decay" after the 0.7 g level is reached. Therefore, each retractor must be able to meet the locking requirements of the standard regardless of the rate of acceleration, the duration of the acceleration, or the extent of any subsequent "decay."

We note that this interpretation of S4.3 and S5.2 is consistent with the purpose of those requirements, which is to ensure that retractors will lock in the event of severe vehicle deceleration, such as that which is experienced in a crash. In the event of an actual crash, it is unlikely that a retractor will be subjected to a constant rate of acceleration. It is also unlikely that the acceleration will occur within a narrow corridor for a specific duration. Moreover, the acceleration experienced by the retractor may decay during emergency events. Nonetheless, in all instances, the retractor must lock if the seat belt is to properly restrain an occupant.

With respect to your inquiry about tolerances, the TP provides that the retractor should be subjected to an acceleration of 0.72 g to ensure that, even if the test facility's instrumentation is slightly inaccurate, the retractor will be subjected to at least 0.7 g. This, in effect, provides a tolerance for the test facility. However, this does not create a tolerance for the manufacturer. As noted above, NHTSA often directs its test facilities to test in a less stringent manner than that set forth in a standard (in this case, at a slightly higher acceleration, which tends to facilitate retractor lock-up) to assure that a test will not have to be repeated in the event of a slight error. However, notwithstanding the TP, each manufacturer must assure that its retractors will lock when tested at the 0.7 g level provided in the standard; a retractor that did not lock until it experienced 0.72 g would be deemed noncompliant.

I hope this information is helpful. Please let me know if you have any further questions or need additional information on this subject.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:209
d.2/4/2000

ID: 9443

Mr. Steve J. Brooks
Program Manager
IAD West Coast, Inc.
5761 McFadden Avenue
Huntington, Beach CA 92649

Dear Mr. Brooks:

This responds to your letter asking about the operation and classification of a commercial vehicle you wish to manufacture. The vehicle will carry fewer than 10 passengers and its GVWR will be 11,500 pounds. You were particularly interested in the type of operator's license that would be required of the driver.

Driver licensing requirements for vehicle operators are determined by state law. Since the vehicle's GVWR will be less than 26,000 lbs, and the vehicle will presumably be designed to carry fewer than 15 passengers, the driver will not be required, under the Federal Highway Administration's (FHWA's) Commercial Driver Licensing (CDL) regulations, 49 CFR part 383, to qualify for a commercial driver license. However, some states require that drivers obtain a commercial driver license to drive vehicles that have lower GVWRs. The driver licensing requirements of the state in which the vehicle is registered, will apply. For more information about the CDL requirements, you can contact the FHWA Chief Counsel's office at (202) 366-0834.

Vehicle classification is relevant for the regulations and standards of our agency. The National Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and motor vehicle equipment. Each FMVSS for motor vehicles applies to one or more particular types of vehicles, e.g., a standard might apply to passenger cars, buses, trucks, and/or trailers.

To determine which FMVSSs apply to their vehicles, manufacturers classify their vehicles using the definitions in 49 CFR part 571.3 of NHTSA's regulations. Under part 571.3 (copy enclosed), your vehicle, which you said is built in a bus/truck chassis, appears to be a "truck" or a "multipurpose passenger vehicle." Under part 567, a manufacturer must state the vehicle classification on the vehicle's certification label and certify that its motor vehicle complies with all applicable FMVSSs. NHTSA may take issue with a manufacturer's vehicle classification in an enforcement proceeding if the agency does not agree with the manufacturer's classification.

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

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:567#571 d:4/7/94

ID: 9783

Mr. David A. Scott
President, RKS International L.L.C.
822 Wisconsin Avenue
Racine, WI 53403

Dear Mr. Scott:

This responds to your letter of March 8, 1994, asking for information about this agency's regulations regarding importation and sale of motor vehicles and motor vehicle equipment.

You intend to import "fiberglass kit cars." The cars may be imported "either disassembled or partially assembled." Your company "will then be providing and/or installing American parts in the U.S. for the major mechanical portions like engines, transmissions, suspension systems, tires, etc."

It appears from your letter that you intend to import items of equipment, either individually or as part of a larger assembly, which, after entry into the United States, will have the drive train and related components installed that are necessary to complete its manufacture as a motor vehicle. For purposes of this interpretation, it is unimportant whether the equipment is imported as individual items, or assembled into a vehicle lacking a power train.

Some items of motor vehicle equipment are subject to the Federal motor vehicle safety standards (FMVSS). In order to be imported into the United States, they must comply with all applicable FMVSS. Passenger car equipment that must comply includes brake hoses, brake fluid, lamps and reflectors, tires, glazing material, and seat belt assemblies. It is mandatory that all these items (except lamps and reflectors) bear a DOT symbol in order to be imported; the symbol is the manufacturer's certification of compliance with the FMVSS. It is optional for lamps and reflectors to be marked with the DOT symbol. If they are not marked, permissible options include a certification statement attached to the equipment item or on the container in which the item is shipped.

When assembly of the vehicle is completed in the United States, its assembler must satisfy itself that it conforms to all applicable FMVSS and affix a label certifying that the vehicle complies.

I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. It identifies relevant Federal statutes and this agency's standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. It also explains how to obtain this agency's safety standards and regulations. If you have further questions we shall be pleased to answer them.

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:591 d:4/25/94

ID: nht94-2.59

TYPE: Interpretation-NHTSA

DATE: April 25, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: David A. Scott -- President, RKS International L.L.C.

TITLE: None

ATTACHMT: Attached to letter dated 3/8/94 from David A. Scott to John Womack (OCC-9783)

TEXT:

This responds to your letter of March 8, 1994, asking for information about this agency's regulations regarding importation and sale of motor vehicles and motor vehicle equipment.

You intend to import "fiberglass kit cars." The cars may be imported "either disassembled or partially assembled." Your company "will then be providing and/or installing American parts in the U.S. for the major mechanical portions like engines, transmissions, suspension systems, tires, etc."

It appears from your letter that you intend to import, items of equipment, either individually or as part of a larger assembly, which, after entry into the United States, will have the drive train and related components installed that are necessary to complete its manufacture as a motor vehicle. For purposes of this interpretation, it is unimportant whether the equipment is imported as individual items, or assembled into a vehicle lacking a power train.

Some items of motor vehicle equipment are subject to the Federal motor vehicle safety standards (FMVSS). In order to be imported into the United States, they must comply with all applicable FMVSS. Passenger car equipment that must comply includes brake hoses, brake fluid, lamps and reflectors, tires, glazing material, and seat belt assemblies. It is mandatory that all these items (except lamps and reflectors) beat a DOT symbol in order to be imported; the symbol is the manufacturer's certification of compliance with the FMVSS. It is optional for lamps and reflectors to be marked with the DOT symbol. If they are not marked, permissible options include a certification statement attached to the equipment item or on the container in which the item is shipped.

When assembly of the vehicle is completed in the United States, its assembler must satisfy itself that it conforms to all applicable FMVSS and affix a label certifying that the vehicle complies.

I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. It identifies relevant Federal statutes and this agency's standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. It also explains how to obtain this agency's safety standards and regulations. If you have further questions we shall be pleased to answer them.

ID: nht94-6.14

DATE: April 25, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: David A. Scott -- President, RKS International L.L.C.

TITLE: None

ATTACHMT: Attached to letter dated 3/8/94 from David A. Scott to John Womack (OCC-9783)

TEXT:

This responds to your letter of March 8, 1994, asking for information about this agency's regulations regarding importation and sale of motor vehicles and motor vehicle equipment.

You intend to import "fiberglass kit cars." The cars may be imported "either disassembled or partially assembled." Your company "will then be providing and/or installing American parts in the U.S. for the major mechanical portions like engines, transmissions, suspension systems, tires, etc."

It appears from your letter that you intend to import, items of equipment, either individually or as part of a larger assembly, which, after entry into the United States, will have the drive train and related components installed that are necessary to complete its manufacture as a motor vehicle. For purposes of this interpretation, it is unimportant whether the equipment is imported as individual items, or assembled into a vehicle lacking a power train.

Some items of motor vehicle equipment are subject to the Federal motor vehicle safety standards (FMVSS). In order to be imported into the United States, they must comply with all applicable FMVSS. Passenger car equipment that must comply includes brake hoses, brake fluid, lamps and reflectors, tires, glazing material, and seat belt assemblies. It is mandatory that all these items (except lamps and reflectors) beat a DOT symbol in order to be imported; the symbol is the manufacturer's certification of compliance with the FMVSS. It is optional for lamps and reflectors to be marked with the DOT symbol. If they are not marked, permissible options include a certification statement attached to the equipment item or on the container in which the item is shipped.

When assembly of the vehicle is completed in the United States, its assembler must satisfy itself that it conforms to all applicable FMVSS and affix a label certifying that the vehicle complies.

I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. It identifies relevant Federal statutes and this agency's standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. It also explains how to obtain this agency's safety standards and regulations. If you have further questions we shall be pleased to answer them.

ID: nht94-6.49

DATE: April 7, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Steve J. Brooks -- Program Manager, IAD West Coast, Inc. (CA)

TITLE: None

ATTACHMT: Attached to letter dated 12/8/93 from Steve J. Brooks to Office of Chief Council, NHTSA (OCC 9443)

TEXT:

This responds to your letter asking about the operation and classification of a commercial vehicle you wish to manufacture. The vehicle will carry fewer than 10 passengers and its GVWR will be 11,500 pounds. You were particularly interested in the type of operator's license that would be required of the driver.

Driver licensing requirements for vehicle operators are determined by state law. Since the vehicle's GVWR will be less than 26,000 lbs, and the vehicle will presumably be designed to carry fewer than 15 passengers, the driver will not be required, under the Federal Highway Administration's (FHWA's) Commercial Driver Licensing (CDL) regulations, 49 CFR part 383, to qualify for a commercial driver license. However, some states require that drivers obtain a commercial driver license to drive vehicles that have lower GVWRs. The driver licensing requirements of the state in which the vehicle is registered, will apply. For more information about the CDL requirements, you can contact the FHWA Chief Counsel's office at (202) 366-0834.

Vehicle classification is relevant for the regulations and standards of our agency. The National Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and motor vehicle equipment. Each FMVSS for motor vehicles applies to one or more particular types of vehicles, e.g., a standard might apply to passenger cars, buses, trucks, and/or trailers.

To determine which FMVSSs apply to their vehicles, manufacturers classify their vehicles using the definitions in 49 CFR part 571.3 of NHTSA's regulations. Under part 571.3 (copy enclosed), your vehicle, which you said is built in a bus/truck chassis, appears to be a "truck" or a "multipurpose passenger vehicle." Under part 567, a manufacturer must state the vehicle classification on the vehicle's certification label and certify that its motor vehicle complies with all applicable FMVSSs. NHTSA may take issue with a manufacturer's vehicle classification in an enforcement proceeding if the agency does not agree with the manufacturer's classification.

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

ID: nht94-2.22

TYPE: Interpretation-NHTSA

DATE: April 7, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Steve J. Brooks -- Program Manager, IAD West Coast, Inc. (CA)

TITLE: None

ATTACHMT: Attached to letter dated 12/8/93 from Steve J. Brooks to Office of Chief Council, NHTSA (OCC 9443)

TEXT:

This responds to your letter asking about the operation and classification of a commercial vehicle you wish to manufacture. The vehicle will carry fewer than 10 passengers and its GVWR will be 11,500 pounds. You were particularly interested in the type of operator's license that would be required of the driver.

Driver licensing requirements for vehicle operators are determined by state law. Since the vehicle's GVWR will be less than 26,000 lbs, and the vehicle will presumably be designed to carry fewer than 15 passengers, the driver will not be required, under the Federal Highway Administration's (FHWA's) Commercial Driver Licensing (CDL) regulations, 49 CFR part 383, to qualify for a commercial driver license. However, some states require that drivers obtain a commercial driver license to drive vehicles tha t have lower GVWRs. The driver licensing requirements of the state in which the vehicle is registered, will apply. For more information about the CDL requirements, you can contact the FHWA Chief Counsel's office at (202) 366-0834.

Vehicle classification is relevant for the regulations and standards of our agency. The National Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards ( FMVSSs) for new motor vehicles and motor vehicle equipment. Each FMVSS for motor vehicles applies to one or more particular types of vehicles, e.g., a standard might apply to passenger cars, buses, trucks, and/or trailers.

To determine which FMVSSs apply to their vehicles, manufacturers classify their vehicles using the definitions in 49 CFR part 571.3 of NHTSA's regulations. Under part 571.3 (copy enclosed), your vehicle, which you said is built in a bus/truck chassis, ap pears to be a "truck" or a "multipurpose passenger vehicle." Under part 567, a manufacturer must state the vehicle classification on the vehicle's certification label and certify that its motor vehicle complies with all applicable FMVSSs. NHTSA may tak e issue with a manufacturer's vehicle classification in an enforcement proceeding if the agency does not agree with the manufacturer's classification.

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

ID: nht72-1.1

DATE: 12/11/72

FROM: AUTHOR UNAVAILABLE; E. T. Driver; NHTSA

TO: Chrysler United Kingdom Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of November 7, 1972, about Federal Motor Vehicle Safety Standard No. 102 as applied to a four speed automatic gear box.

As described, gear transmission functions as follows:

"When the gear selector is in any forward position and the vehicle speed falls the automatic Mechanism will cause the drive ratio to eventually fall to the lowest gear and thereafter to disengage at about 6 mph leaving the vehicle in a state of 'free-wheel'."

Paragraph S3.1.2, Transmission Braking Effect, requires that:

"In vehicles having more than one forward transmission gear ratio, one forward drive position shall provide a greater degree of engine braking than the highest speed transmission ratio at vehicle speeds below 25 miles per hour."

Your transmission, as described, does not meet this requirement, since, in downshifting, the drive ratio would disengage at about 6 miles per hour leaving the vehicle in a state of "free-wheel" with no engine braking at all.

Sincerely,

CHRYSLER UNITED KINGDOM LTD

The Office of Standards Motor Vehicle Safety Performance Service, U.S. Department of Transportation, Federal Highway Administration, National Highway Safety Bureau,

NOVEMBER 7, 1972

Dear Sirs,

Interpretation of F.M.V.S.S. 102.

We are considering the use of a four speed Automatic Gear Box which has the following characteristic:

When the gear selector is in any forward position and the vehicle speed falls the automatic mechanism will cause the drive ratio to eventually fall to the lowest gear and thereafter to disengage at about 6 mph leaving the vehicle in a state of "free-wheel".

We notice F.M.V.S.S. requires an automatic gear box to be such that: "One forward drive position shall provide a greater degree of engine braking than the highest speed transmission ratio".

Whilst this clause would be met with the characteristic described at speeds above 6 mph it could not be considered to be met at speed below 6 mph.

I would be grateful if you would let me know whether or not you consider such a gear box would meet the requirements of F.M.V.S.S. 102.

P.J.P Horris. Manager, Vehicle Legislation.