ID: 77-5.20

TYPE: INTERPRETATION-NHTSA

DATE: 12/30/77

FROM: AUTHOR UNAVAILABLE; S. P. Wood for J. J. Levin, Jr.; NHTSA

TO: Nissan Motor Co., Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your October 4, 1977 letter asking whether Standard No. 118 Power-Operated Window Systems, prohibits the operation of power windows when the ignition key is in the "Accessories" position.

Standard No. 118 requires only that power windows be inoperable when the key is in the "off" position or is removed from the lock, with certain exceptions outlined in S3. It is permissible for the windows to operate normally when the key is in the "Accessories" position.

SINCERELY,

NISSAN MOTOR CO., LTD.

October 4, 1977

Joseph J. Levin Office of the Chief Counsel NHTSA

This letter is to ask for your interpretation concerning FMVSS 118 "Power-operated Window Systems".

S.3 of that standard requires that no power-operated window or partition shall be movable when the ignition key is in an off position or is removed from the lock.

In the case of the 5-position ignition switch as shown in the attachment, should the power-operated windows not be movable when the ignition key is in an "Acc" (Accessories) position?

Thank you for your attention to the above matter. We look forward to hearing your reply of the above in the near future.

Tokio Iinuma Staff Safety -- ENGINEERING OFC. OF NORTH AMERICA

Ignition switch

The 5-position ignition switch is located on the right side of the steering column. The switch includes the antitheft steering lock device and also controls the ignition system and most of the electrical equipment:

"LOCK" Normal parking position The ignition key can be inserted and removed at the "LOCK" position only. The steering can be locked by turning the key to the "LOCK" position, removing it, and rotating the steering wheel until the locking plunger clicks into position.

To unlock the steering, insert the key and turn it to the "OFF" position. For easier key operation when unlocking, rotate the steering wheel slightly to relieve pressure on the steering lock.

"OFF"

This position permits turning the engine off without locking the steering wheel.

"ACC" (Accessories)

This position allows you to use all the electrical accessories controlled by the switch.

"ON" Normal operating position

This position turns on the ignition system and electrical circuits.

"START"

This position starts the engine. After the engine has started, release the key. It will automatically return to the "ON" position.

(Graphics omitted)

ID: 23774.drn

[ ]

Dear [ ] :

This responds to your request for an interpretation of whether Standard No. 114, Theft protection, would permit an automatic transmission vehicle with your companys electronically coded card-type device that provides remote entry. With certain caveats that are explained below, our answer is yes.

Before addressing the substantive issues that you raised, I note that your request for confidential treatment of certain information in your letter was granted in a letter dated January 11, 2002, signed by Heidi Coleman of my staff, the Assistant Chief Counsel for General Law. We will make available to the public only the version of your letter which has been purged of all references to your companys identity, and which does not include the Attachments.

By way of background, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to ensure that their vehicles and equipment meet applicable requirements. The following represents our opinion based on the facts you provided in your letter, and addresses some or all of the specific issues you raised as necessary to render this interpretation. If we have not addressed an issue, you should not assume that we have concurred with a position you have expressed on that issue. Likewise, this interpretation may not discuss every requirement of the Federal motor vehicle safety standards that might apply to your product. It is your responsibility as a manufacturer to determine the requirements that apply and certify the compliance of your product with those requirements. NHTSA determines the compliance of products with the safety standards in the context of an agency enforcement proceeding.

YOUR SYSTEM

In your letter, you state that the key-locking system enables automatic unlocking of vehicle doors when actuated, and the engine can be operated if the driver is carrying an electronically coded card-type device. When the card is inside a vehicle, the engine is ready for operation.

While the card is inside the vehicle, pushing an IGN-knob will activate the code matching process between the card and the vehicle. When the correct match occurs, the IGN-knob can be turned and the driver may turn the IGN-knob to positions other than the lock position to unlock the steering wheel, activate the vehicles accessories, and start the engine. You state that the IGN-knob has the five familiar positions of a conventional mechanical key layout (i.e., lock-off-ACC-on-start).

The engine starts when the IGNknob is turned clockwise to the start position. To stop the engine, the IGN-knob is turned counterclockwise to the ACC position. When it is returned to the lock position, the steering wheel is locked, the IGN-knob automatically retracts, and the electronic identification code is removed. You also state that the engine will not start if the card is outside of the vehicle, even if the code is in the system (i.e., IGN-knob is in the off or ACC position). You state that this feature is controlled by a system other than the electronic identification code.

Your letter also notes that an alarm and indicator light are provided to warn occupants not to take the card from the vehicle when the engine is still running. You note: If the card is taken from the vehicle, the engine cannot be restarted after the engine has stopped, unless the card is taken inside the vehicle again.

DISCUSSION

In an interpretation letter of January 30, 1997, to an unnamed company, we stated that Standard No.114 would permit a keyless entry system activated by an electronically coded card (similar to your companys system). We have followed that interpretation letter in addressing your keyless entry system, but have modified it with respect to the discussion of S4.5 of the standard.

Effect of Key Removal. At S4.2, Standard No. 114 states in part that each vehicle shall have a key-locking system which, whenever the key is removed, prevents (a) the normal activation of the vehicles engine or motor; and (b) either steering or forward self-mobility of the vehicle or both. A vehicle with your companys system would be permitted by S4.2 because the absence of the key (the code) prevents normal activation of the engine and steering of the vehicle.

Locked in Park. S4.2.1(a) of Standard No. 114 states that (with certain exceptions not relevant here) the key-locking system required by S4.2 in each vehicle which has an automatic transmission with a park position shall, when tested under the procedures in S5.2, prevent removal of the key unless the transmission or transmission shift lever is locked in park or becomes locked in park as the direct result of removing the key. We have determined that a vehicle with your companys system would be permitted by S4.2.1(a) because removal of the key (identification code in the system) is accomplished only when the transmission is locked in park and the IGN-knob is turned back to the lock position, when the IGN-knob automatically retracts.

Consequences of Deactivating Engine or Motor. S4.3 states that, except when an automatic transmission vehicle is in park, the means for deactivating the vehicles engine or motor shall not activate any device installed pursuant to S4.2(b) to prevent the vehicles steering or forward self-mobility or both. Because no information was provided on this aspect of your system, we are unable to provide an opinion as to whether a vehicle with your system would meet S4.3.

Combinations. S4.4 of Standard No. 114 states that for each vehicle type manufactured by a manufacturer, the number of different combinations of the key-locking systems required by S4.2 shall be at least 1,000, or a number equal to the number of vehicles of that type manufactured by the manufacturer, whichever is less. Your letter states that the keyless entry system has more than 1,000 electronic ID code combinations. As such, a vehicle with your system appears to satisfy S4.4.

Driver Warning. S4.5 of Standard No. 114 states that a warning to the driver shall be activated whenever the key required by S4.2 has been left in the locking system and the drivers door is opened, except: (a) after the key has been manually withdrawn to a position from which it may not be turned; (b) when the key-locking system is in the on or start position; or (c) after the key has been inserted in the locking system and before it has been turned.

Your letter explains that a few seconds after the driver leaves the IGN-knob in the off position, the KNOB indicator light will flash on the instrument panel and an audible alarm is activated to remind the driver to return the IGN-knob to the lock position. When the drivers side door is opened, the alarm specified in S4.5 is activated. If the door is closed without turning the IGN-knob to the lock position, another audible alarm is activated outside of the vehicle. You state your belief that these three audible alarms and the indicator will reduce the chance that the driver will leave the vehicle with the key in the ignition (i.e., that the code remains in the system).

Your system would be permitted by S4.5 because when the ING-knob is left in the off or acc positions and the door is opened, an alarm sounds. This situation is directly analogous to when a conventional key is left in the ignition in the off or acc positions and the door is opened. The addition of your two other alarms is beyond the requirement of S4.5; nonetheless, we appreciate your decision to have the warnings.

To the extent this interpretation of S4.5 is inconsistent with the January 30, 1997 interpretation letter, the earlier letter is superseded. The January 1997 letter discussed a keyless entry system that used the PASS-card, an electronically coded credit-card like device. On the issue of whether a vehicle with the PASS-card met S4.5 of Standard No. 114, we stated the following:

As long as the PASS-card is in the vehicle, the electrical systems are on and the key code will remain in the system, ready for the START button to be pressed. This situation is analogous to a keyed system being in the on position, ready to be turned to the start position. Therefore, as long as the PASS-card is in the vehicle, the exception in S4.5(b) applies and the warning need not sound when the door is opened.

Upon further consideration, we believe that the situation where the electronic code is left in a vehicle ignition system ready for the START button to be pressed is in fact analogous to the situation where a driver with a traditional metal key simply leaves the key in the vehicle ignition before opening the door. From now on, it is NHTSAs position that for keyless entry systems using an electronic code, the warning must sound when the electronic code remains in the system, the ignition knob is in the off or acc positions and the drivers door is opened. This position will apply to vehicles with keyless entry systems manufactured after the date of this letter.

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

Sincerely,
Jacqueline Glassman
Chief Counsel

Ref:114

d.7/17/02

ID: aiam3146

Dear Mr. Schultz: This is in response to your letter to the Secretary of Transportatio regarding the transportation of diesel fuel in the trunk of an automobile in plastic auxiliary tanks. You asked whether it is permissible to permanently install a plastic auxiliary diesel fuel tank in the trunk of a four door passenger car. You also noted the availability of 5.5 gallon plastic utility containers that can be used as auxiliary tanks. From your description I gather that these types of containers are not attached to the vehicle's fuel system.; From your letter I got the impression that you are asking whether an law administered by this agency would prohibit an individual from using either of these types of tanks in his private automobile. With respect to small tanks that are not connected to the automobile's fuel system, this agency administers no law that would prevent an individual from carrying such a tank in his automobile. However, please note that this is a very dangerous practice that can lead to fires and explosions potentially harmful or fatal not only to the driver and passengers of the vehicle carrying such a tank but also occupants of other nearby vehicles. I have enclosed a copy of a press release that the Department of Transportation issued this Spring, which describes the dangers associated with carrying gasoline, but which is also applicable to carrying diesel fuel. As noted in the press release this agency strongly discourages the use of portable fuel containers.; There is no law administered by this agency which would bar a individual from installing a plastic auxiliary fuel tank in his or her own automobile or from using such a tank once installed by the individual of by a commercial installer. However, there are legal obligations imposed by the statutes and regulations under which we operate that would apply to the manufacturers and installers of such tanks. Since I am unsure as the exact scope of your inquiry I will summarize these below.; The National Traffic and Motor Vehicle Safety Act, as amended 1974 (the Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue motor vehicle safety standards applicable either to entire vehicles or to equipment for installation in vehicles. Safety Standard No. 301-75, *Fuel System Integrity*, is a vehicle standard which applies to certain vehicles, including passenger cars, that use fuel with a boiling point above 32 degrees F. Under the standard's requirements, no part of a vehicle's entire fuel system can have fuel spillage beyond certain specified amounts during barrier crash tests. Specific performance requirements for individual components of the fuel system, such as the fuel tank, are not currently included in the standard. With the advent of high density polyethylene (plastic) fuel tanks, however, the current 'system' performance requirements might not be sufficient to ensure the integrity of vehicle fuel systems. For this reason, the agency has published an Advance Notice of Proposed Rulemaking concerning the advisability of establishing performance standards for plastic tanks (44 FR 33441, June 11, 1979, copy enclosed).; Despite the inapplicability of Safety Standard No. 301-75 to thei manufacture, auxiliary fuel tanks must be designed and manufactured for safety. A manufacturer of auxiliary fuel tanks, is subject to the defects responsibility provisions of the Act (sections 151 *et seq*.). Upon discovery of a safety-related defect by the Secretary of Transportation, the NHTSA Administrator, or the manufacturer itself, the manufacturer would be required to notify vehicle owners, purchasers, and dealers and remedy the defect.; If a manufacturer, distributor, dealer, or motor vehicle repai business installed an auxiliary fuel tank in a new vehicle, prior to its first purchase in good faith for purposes other than resale, that person or entity would be a vehicle alterer under NHTSA regulations. As an alterer, that person or entity would be required by 49 CFR 567.7 to affix an additional label to the vehicle stating that, as altered, the vehicle conforms to all applicable Federal motor vehicle safety standards--including Safety Standard No. 301-75. Should a noncompliance or safety- related defect be discovered in such a vehicle, as a result of the modification, the alterer would be required to notify vehicle owners, purchasers, and dealers and to remedy the defect.; If a manufacturer, distributor, dealer, or motor vehicle repai business installed an auxiliary gasoline tank in a used passenger vehicle, that person or entity would not be required to attach an alterer's label. However, section 108(a)(2)(A) of the Act would apply. Section 108(a)(2)(A) provides in relevant part that:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall 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 . . .<<<; Thus, if one of the named entities added an auxiliary tank to a use passenger vehicle manufactured in compliance with Safety Standard No. 301-75 and other standards, and in the process knowingly rendered inoperative the compliance of the fuel system or another system, that person or entity would be in violation of section 108(a)(2)(A).; I hope that you will find this response helpful and have not bee inconvenienced by our delay in sending it to you. If you have any further questions please feel free to address them to Ms. Debra Weiner of my office (202-426-2992).; Sincerely, Frank Berndt, Chief Counsel

ID: aiam1239

Dear Mr. Belier: This is in reply to your letter of July 24, 1973, asking for a interpretation of several aspects of Standard No. 105a.; You have asked the following questions >>>'1. *Paragraph S5.1.2 'Partial failure.*' It is required that '...the remaining portion(s) of the service brak system shall continue to operate...' What is the exact meaning of 'continue to operate'? Does it mean that the remaining portion of the brake system must be permanently fed or does it mean that it is required to have *temporary* braking with the operative portion reserve capability? In this latter case, how many brake applications are required?'<<<; 'Continue to operate' means that the portion of the brake system tha has not failed continues to operate indefinitely, i.e., to the point that it wears out or until a second failure occurs in the brake system. It requires a permanent feed and does not depend upon the reserve capability of operative portion of system.; >>>'2. *Paragraph S5.1.3.3 'Brake power units':* What exactly constitutes the power source? On the Citroen D and models, the front brake circuit is fed by a brake accumulator while the rear brake circuit is fed by the pressure prevailing in the read suspension. The brake accumulator and the rear suspension are fed from the high pressure source (which includes an HP pump, A pressure regulator and a main accumulator)...What is meant by 'inoperative brake power unit'? Does that mean that the high pressure pump *only* is inoperative or also the other components of the power source (main accumulator and regulator)?...What is meant by 'when the inoperative unit is depleted of all reserve capability' (paragraph S5.1.3.3.(ii))? Are we correct in assuming that it means that *only* the main accumulator is depleted of reserve capability? (It is obvious that if one considers that not only the main accumulator, but also the brake accumulator and the rear suspension are depleted, no braking is possible).'<<<; The power source consists of pumps, accumulators and/or back up system such as a separate electric or hydraulic pump, etc. A primary power source would be the pump, while the accumulators would constitute a secondary source and would be the portions used in optional test. A high pressure source would include the pump, regulator and, in Citroen's case, the main accumulator.; 'Inoperative brake power unit' could mean that the (1) main pump i out, but the accumulators are functioning, (2) the main pump is operating but only one brake accumulator is operating, (3) the pump and brake accumulator are operating, but the suspension accumulator is out, (4) the pump or accumulator is out, and the system is operating on reserve or backup pump. This list is meant to be illustrative rather than exhaustive.; 'When then inoperative unit is depleted of all reserve capability means that one of the units (pump, accumulator, etc.) is completely nonfunctional, e.g., the pump has failed, the accumulator has failed, the check valve has failed, etc.; >>>'3. *Paragraph S7.10.2 'Optional procedures'* We believe that the subparagraph 'b' (vehicles with brake power unit applies to our vehicles.; The test procedure mentioned in paragraph S7.10.2(a) cannot be applie to our vehicle since, if the system is depleted of '*any residual* brake power reserve capability', it is obvious that no braking is possible. We believe that the power source *only* should be depleted of any residual reserve (HP pump inoperative, main accumulator depleted), but not the entire brake system. Since by definition, a 'brake power unit' is a unit where the operator action consists 'only of modulating the energy application level, ' but not of supplying energy to the system, it is obvious that no braking is possible if all internal residual energy left in the brake system is depleted (since, in this case, there would be no energy available for braking from either the HP source, the driver or the system).<<<; S7.10.2(b) does apply to Citroen. Your comments on S7.10.2(a) ar correct.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: nht80-2.46

DATE: 06/06/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: International Harvester Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of April 30, 1980, asking whether a new electrical switch complies with S4.5.5 of Motor Vehicle Safety Standard No. 108.

As you have described it, the switch has three positions under two of which ("IGN/ACC" and "ACC") the hazard warning signals will operate. The third position, however, ("OFF") is a master switch which disconnects most electrical circuits on the vehicle including hazard warning signals. You have asked whether this design is permissible under S4.5.5 which requires the vehicular hazard warning signal operating unit to "operate independently of the ignition or equivalent switch." You have cited as precedent a 1972 letter from this agency to Imperial Fire Apparatus approving a battery disconnect switch design. In the 1972 system the hazard signals would only be activated by turning both the master switch and the flasher to "on". This was acceptable to NHTSA under paragraph 3(e) of SAE J910, Hazard Warning Signal Switch:

". . . providing the master switch is separate from the ignition switch and the hazard warning signal lamps will flash with the master switch on and the ignition switch off."

The principal difference between the two systems is that your switch "is a part of the ignition switch assembly and not physically located elsewhere on the instrument panel."

The intent of S4.5.5. is that the hazard warning signals operate regardless whether the ignition switch is on or off.

This intent would not appear to be met by your system whose master switch is part of the ignition switch assembly. We suggest, therefore, that you modify your design so that the hazard warning signal circuit is added to that of the "CB" and clock which remain operable when the master switch is in the "off" position.

SINCERELY,

INTERNATIONAL HARVESTER

April 30, 1980

Office of Chief Counsel National Highway Traffic Safety Administration US Department of Transportation SUBJECT: Ignition Switch with Master Off Position/FMVSS 108 S.4.5.5

Gentlemen: International Harvester Company (IH) is planning to introduce a new electrical switch on its new models. This switch incorporates a master "OFF" position which disconnects most electrical circuits on the vehicle. The OFF (master) switch performs essentially the same function as the one described in the attached interpretation #N41-34 dated August 11, 1972 except that it is a part of the ignition switch assembly and not physically located elsewhere on the instrument panel. This ignition switch has three positions "IGN/ACC", "ACC", and master "OFF". With the switch in the IGN/ACC position, the engine and accessories circuits are on. When the switch is turned to the "ACC" position, the engine is off and all accessories can be operated including the hazard warning flashers (key can be removed in this position). When the switch is turned to the master "OFF" position, all electrical circuits will be off except for the clock and "CB" circuits. These circuits must remain live so that the clock will continue running and the "CB" memory is maintained. Note that the switch can be turned from the "ACC" position to the "OFF" position or from the "OFF" position to the "ACC" position without a key. The key must be inserted to turn the ignition switch to engine run position ("IGN/ACC" position).

The purpose of this master "OFF" is to shut down most of the electrical circuits when the vehicle is not in use. This will protect the vehicle from power drains or fires due to electrical shorts when the vehicle is not in use. In addition, the vehicles electrical circuits can be shut off if a short is discovered by the driver while the vehicle is in use.

It is our opinion that this switch, which incorporates a master OFF is in compliance with FMVSS 108 S.4.5.5. We believe that it meets the intent of the standard of having the hazard flashers be operable when the engine is turned off and the key removed - (ACC position). We solicite the Agency's concurrence with this opinion.

This request is a follow-up to a telephone conversation of 4/21/80 between Mr. R. C. Hamilton and Mr. Z. Taylor Venson, who advised that we write this office for an interpretation. As mentioned by Mr. Hamilton, we are in dire need of a speedy reply as we are about to finalize this design for our new models.

Attached for your reference is a sketch illustrating the newly designed ignition switch assembly in question.

INTERNATIONAL HARVESTER COMPANY

F. L. Krall, Manager Technical Legislation

ATTACH.

cc: GEORGE L. PARKER

MASTER OFF SWITCH

OFF - (MASTER) - MOST SYSTEMS OFF (HAZARD FLASHERS WILL NOT OPERATE) ACC - ENG OFF & ACC ON (HAZARD FLASHERS AND ACCESSORIES WILL OPERATE)

IGN/ACC - ENG ON & ACC ON (HAZARD FLASHERS AND ACCESSORIES WILL OPERATE) (Graphics omitted)

ID: 86-2.18

TYPE: INTERPRETATION-NHTSA

DATE: 04/09/86

FROM: NIROSHI NORIYOSHI -- EXECUTIVE VICE-PRESIDENT AND GENERAL MANAGER MAZDA

TO: ERIKA Z. JONES -- OFFICE OF CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION DEPARTMENT OF TRANSPORTATION

TITLE: REQUEST FOR INTERPRETATION - FMVSS 101; CONTROLS AND DISPLAYS AND FMVSS 102; TRANSMISSION SHIFT LEVER SEQUENCE, STARTER INTERLOCK, AND TRANSMISSION BRAKING EFFECT

ATTACHMT: ATTACHED TO LETTER DATED 12/24/86 TO HIROSHI MORI YOSHI FROM ERIKA Z JONES, REDBOOK A29 (4), STD 101 AND 102

TEXT: Dear Ms. Jones:

Mazda (North America), Inc., on behalf of Mazda Motor Corporation, requests interpretation of certain provisions of FMVSS 10:, Controls and Displays and FMVSS 102, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect. The specific provisions relate to the conditions of visibility for the gear position indicator of an automatic transmission.

Mazda is considering the application of LED's located within the instrument panel for use in automatic transmission gear position identification. The envisioned system would conform with all applicable requirements when the ignition switch is in the on and start position, but would not otherwise be visible when deactivation of the vehicle's main electrical system occurred by placing the ignition switch in the accessory or off position. The gear shift selector, mounted on the steering column, would be provided with embossed position indicators conforming to FMVSS 102, except that the identifiers would only be visible from the side of the steering column and thereby require the driver to lean forward and to the right for visual confirmation of the automatic gear position.

FMVSS 101.5(a) requires, by way conference to Table 2, the automatic gear position indicator of a vehicle meet the requirements of the standard for location, identification, and

illumination. Specifically, the automatic gear position indicator must be visible to a driver restrained by the crash protection equipment provided and adjusted in accordance with the manufacturer's instructions. FMVSS 102.3.2 additionally requires the shift lever position indicator of automatic transmissions be displayed in view of the driver.

In past interpretations requested by Ford and Porache, the Agency has concluded that FMVSS 102.3.2 requires the gear position indicator to be visible regardless of the operating mode of the engine. However, the Agency has not had an opportunity to consider the case of multiple and complementary indicators that individually may not be in conference with the Standards, but collectively would in fact provide indication of gear selection "permanently in view of the driver". The systems would complement each other by providing a clear and unmistakable indication directly before the driver when the engine is activated and by providing a permanent visual cue that can be accessed with little inconvenience by the driver in all other circumstances. Therefore, Mazda believes this system would conform with the applicable provisions of FMVSS 101 and 102.

Accordingly, Mazda requests that the Agency consider our conclusion and comment on the determination that this combination of indicators can be considered "permanently displayed in view of the driver". Also, please clarify the meaning of "view of the driver". It is now possible, with the use of emergency locking retractors, that the driver may lean forward and later return to the normal driving posture with no "misadjustment" of the vehicle's restraint system. Under such conditions, would the embossed automatic gear selection identifiers be considered within the driver's field of view while the vehicle is not activated? Please discuss your conclusion.

Thank you for your consideration of this issue. Mazda is aware that the Agency is not able to approve actions taken by manufacturers. However, we do desire to obtain the opinion of the Agency in this matter. Should you have any questions, please contact Mr. Ken Tashima at the address or telephone number above.

Sincerly,

ID: aiam5441

"Dear Mr. Ori: This responds to your letter to Mr. James Gilkey of thi agency's Office of Vehicle Safety Compliance, requesting confirmation of your understanding of the applicability of Federal Motor Vehicle Safety Standard No. 205 to certain limousines. You were concerned about the permissibility of applying sun screening or window tinting to such vehicles during the original manufacturing process, and during the 'second stage or alteration phase of the manufacturing process.' By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Under this authority, NHTSA issued Standard No. 205, 'Glazing Materials,' to specify performance requirements for various types of glazing and to specify the location in the vehicles in which each item of glazing may be used. One provision in Standard No. 205 requires a minimum of 70 percent light transmittance in any glazing area requisite for driving visibility. The primary purpose of this requirement is to ensure adequate visibility through the vehicle's windows, thereby reducing the risk of a motor vehicle crash. NHTSA does not approve or certify any vehicles or items of equipment. Instead, each manufacturer is responsible for 'self-certifying' that its products meet all applicable safety standards. NHTSA's certification regulations are set forth in 49 CFR Part 567. Under this regulation, each manufacturer is required to certify that its motor vehicles comply with all applicable Federal safety standards, including Standard No. 205. As you correctly state, second stage manufacturers and alterers also have certification responsibilities. Specifically, a final stage manufacturer is responsible for certifying a vehicle pursuant to 49 CFR 567.5. Accordingly, you are correct that a final stage manufacturer is required to certify that its finished product, including the glazing materials, complies with all applicable Federal safety standards. A person who alters a previously certified new vehicle also must certify that the altered vehicle complies with all applicable standards. 49 CFR 567.7. However, this provision does not apply to the 'addition, substitution, or removal of readily attachable components ... or minor finishing operations, such as painting.' NHTSA views the addition of window tint film as a 'minor finishing operation.' Accordingly, a person adding such tint film would not be considered an alterer and therefore would not be subject to certification responsibilities. However, aside from certification responsibilities, pursuant to 49 U.S.C. 30112a, 'a person may not...sell, offer for sale, or introduce or deliver for introduction in interstate commerce...any motor vehicle...unless the vehicle...complies with all applicable standards .' Thus, it would be a violation of the statute to sell a new vehicle whose windows which are requisite for driving visibility had been tinted to allow less than 70 percent light transmittance. Moreover, with respect to vehicles that are no longer new, a motor vehicle manufacturer, distributor, dealer, or repair business 'may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard.' Thus, a person in any of these categories may not apply tint film that would cause the light transmittance of the glazing requisite for driving visibility to be under 70 percent. You stated your belief that limousines that seat less than 10 persons may not be equipped with any sun screening or window tinting product, since such products would violate Standard No. 205. We wish to clarify one aspect of your statement. Limousines that seat less than 10 persons are considered 'passenger cars' under NHTSA's regulations. NHTSA considers all windows in a passenger car to be requisite for driving visibility, accordingly, all windows in a passenger car/limousine must have a minimum 70 percent light transmittance. However, please note that tinting may be used in these vehicles, provided the tinted windows meet the minimum 70 percent light transmittance requirement. You further asked whether a limousine that seats 10 or more persons is subject to the Federal window tinting requirements. A limousine with a capacity of more than 10 persons is considered a 'bus' under our regulations. There are specific requirements in Standard No. 205 that apply to buses (or bus/limousines). Under these requirements, only the windshield and the windows to the immediate left and right of the driver are considered to be requisite for driving visibility (if they are equipped with dual outside mirrors satisfying section S6.1(b) of Standard No. 111), and thus subject to the minimum 70 percent light transmittance requirement. The windows to the rear of the driver in a bus/limousine, including the rear side and rear windows, are not required to meet the light transmittance requirement. Accordingly, Standard No. 205 does not prohibit the use of tinted glazing materials for bus/limousine windows to the rear of the driver when the vehicle is equipped with dual outside mirrors larger than those usually used on passenger cars. I hope you find this information helpful. If you have any other questions, please contact Mr. Marvin Shaw of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";

ID: 16336a.drn

Mr. Bob Presley
Truck Manager
Harreld Chevrolet Company
P.O. Box 413
Canton, MS 39046

Dear Mr. Presley:

This responds to your request for an interpretation whether a vehicle (with a seating capacity of 11 or more including the driver) used by a taxi service to transport school children from school to non-school activities must meet the Federal school bus safety standards. In answering your question, we have considered whether the vehicle will "significantly" be used to transport the school children from school. Under the facts you presented, we believe that the vehicle will not be "significantly" used to transport school children, and that you therefore need not sell a school bus to the taxi service. However, you should bear in mind that State law might affect the type of vehicle sold or used to carry school children.

In a telephone conversation with Dorothy Nakama of my staff, you explained that a local taxi service wishes to purchase a new vehicle from your dealership, and you wish to know whether you must sell a school bus. The taxi service would in part use the van to pick the students up from their schools and take the students to after-school activities designated by the students' parents. The taxi service is arranged by the parents and not by the school. During the day, the same vehicle will be used for other taxi services, such as transporting older persons on errands or to appointments, or pilots from the airport to hotels. The vehicle may also be rented out to churches for church-related transportation.

You further explained to Ms. Nakama that the taxi service has just a total of 8 to 10 vehicles in its fleet. You believe that 4 of the taxi vehicles are 15-passenger vans and the other vehicles are designed to carry 8 to 10 persons. No particular vehicle in the fleet is used only to transport the students, and you believe the taxi service intends multiple uses for the vehicle it intends to buy, not just transportation for students. You also believe that 90 percent of the time, the vehicles in the taxi fleet are used for purposes other than picking up students from school.

The National Highway Traffic Safety Administration (NHTSA) is authorized by Congress to issue and enforce the Federal motor vehicle safety standards. Under Federal law, a vehicle, including a van designed for carrying 11 or more persons, is a bus. A bus is a school bus if the vehicle "is likely to be used significantly to transport preprimary, primary, and secondary school students to or from school or an event related to school." (Emphasis added.) 49 U.S.C. 30125(a)(1).

Under the facts that you discussed with Ms. Nakama, the buses would be used to transport students "from school." The question is whether the buses are "likely to be used significantly" to transport the students from school. (Emphasis added). This question is one that the agency finds appropriate to resolve case-by-case, focusing on the intended use of the vehicle.

In view of the small percentage of time that any vehicle in the taxi fleet will be used to transport students, I have concluded that the vehicles in the taxi fleet are not "significantly" used to transport students from school. Accordingly, if a dealer were to sell a new bus (van) to the taxi service, it would not need to sell a new school bus.

Please note that Federal law and NHTSA's safety standards directly regulate only the manufacture and sale of new motor vehicles, not their use. Each State is free to impose its own standards regarding use of motor vehicles, including school buses. For information on Mississippi's requirements on transportation of school children, please contact Mississippi's State Director of Pupil Transportation:

Ms. Regina Ginn
Director of Transportation
Mississippi Department of Education
P.O. Box 771
Jackson, MS 39205

Ms. Ginn's telephone number is: (601) 359-1028.

Finally, it is NHTSA's position that vehicles meeting Federal school bus safety standards have proven to be the safest way to transport school children. Use of buses that do not meet the school bus standards to transport students could result in increased liability in the event of a crash. Since liability would likely be determined by State law, you may wish to consult with your attorneys and insurance carriers for advice on this issue.

I hope this information is helpful. I have enclosed a question-and-answer sheet on "Dealers' Questions About Federal School Bus Safety Requirements." If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel
Enclosure
ref:VSA#571.3
d.2/19/98

ID: aiam0336

Dear Mr. Pieratt: This is in response to your letter of May 4, 1971, in which you aske several interpretive questions concerning the recent issuance of regulations on Vehicles Manufactured in Two or More Stages (49 CFR Part 568) and corresponding amendments to the Certification Regulations (36 F.R. 7054, April 14, 1971, corrected 36 F.R. 7855, April 27, 1971). I will rephrase your questions slightly in order to answer them.; 1. If a person delivers an incomplete vehicle to a truck body assemble for completion, but insists that the vehicle not contain all the lighting required by Standard No. 108, may the assembler carry out the person's wishes as an 'intermediate manufacturer' under the regulations? Would identification, clearance, and side-marker lamps required by Standard 108 be considered 'readily attachable accessories' under the regulations, so that the assembler would necessarily be considered a final-stage manufacturer?; The assembler would be permitted under the regulations to put a truc body on an incomplete vehicle, without all the required lighting, and consider himself an intermediate manufacturer. As you suggest, he would be obliged to specify, in the document furnished with the vehicle according to Part 568, that the vehicle does not conform to the standards, and describe the remaining work necessary to make it conform. The lamp assemblies you mention would not necessarily be considered 'readily attachable accessories', in general this agency will leave the determination of such categorical questions up to the parties directly concerned, as long as they act consistently with the regulations.; 2. We interpret the new regulation to mean that every vehicle which i sold to the first purchaser for use must be certified. Will this do away with the truck dealer selling an incomplete vehicle direct to the user without a body or other structure on it?; Every *completed* vehicle must be certified. But an incomplete vehicl is not certified under our regulations, and there is certainly no restriction on the sale of an incomplete vehicle 'direct to the user' or to anyone else, except for the requirement for the standards information document. One of the main purposes of the new regulation is to remove artificial restrictions on the production and marketing of incomplete vehicles.; 3. If an incomplete vehicle may be sold direct to the user without final Certification, does this mean that there is no need to certify the vehicle further--even if the vehicle is completed after the sale?; To the contrary--each manufacturer of a vehicle (or a final-stag manufacturer in the case of multistage vehicles) must affix a certification label in accordance with 49 CFR Part 567, this includes persons who manufacture or complete the manufacture of vehicles for their own use. The label contains information concerning weight ratings, date of manufacture, and identity of manufacturers that is important for enforcement purposes regardless of how the vehicle is marketed.; 4. At what point after the sale of a vehicle to the first user does th vehicle become classified as 'Used', and therefore not subject to the provisions of the Safety Standards or the Certification requirements?; The answer is, 'immediately after sale of a vehicle to a user', but couple of distinctions should be noted in this connection. Section 108(b)(1) of the Act predicates the cutoff of standards application on the 'first purchase of [the motor vehicle or motor vehicle equipment] in good faith for purposes other than resale.' Thus, there must be a bona fide sale, and the standards continue to apply to a vehicle where a person has manufactured or completed the manufacture of it for his own use, until *after* he sells the vehicle to another person. Also, the 'vehicle' in question is the completed vehicle, and the above does not apply in any way to incomplete vehicles.; 5. What recourse, other than to refuse to do the work, does th final-stage manufacturer have if the customer or user of the vehicle (1) no longer has the document provided by the incomplete vehicle manufacturer or (2) does not wish to have the work done in accordance with the provisions of the existing Safety Standards or the Certification requirements? If under (1) above the document is not available from the user of the vehicle, is it reasonable for the final-stage manufacturer to assume that all work has been done in conformance with the Safety Standards and that he 'has no reason to know' otherwise for the purpose of the final certification (if required)?; If the incomplete vehicle furnished to the final-stage manufacture does not contain the information document, as it should under the multistage vehicle regulation, then the final-stage manufacturer should obtain a copy of the document from the incomplete vehicle manufacturer. The document does much more than assure 'that all work has been done in conformance with the Safety Standards', most importantly, it describes what must be done by subsequent manufacturers to conform with the standards, and may in the future contain required consumer information.; 6. Was the vehicle identification number inadvertently omitted from th requirements for the Certification label for multistage vehicles?; The need for a vehicle identification number on multistage vehicles wa not apparent when the regulation was promulgated. Since that time several interested parties have suggested that the VIN would be useful for identification of information documents that go with particular vehicles, and for other purposes related to identification of the vehicles in communications with the manufacturer. This agency is considering the possibility of adding such a requirement to Part 567.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel

ID: aiam0334

Dear Mr. Pieratt: This is in response to your letter of May 4, 1971, in which you aske several interpretive questions concerning the recent issuance of regulations on Vehicles Manufactured in Two or More Stages (49 CFR Part 568) and corresponding amendments to the Certification Regulations (36 F.R. 7054, April 14, 1971, corrected 36 F.R. 7855, April 27,1 1971). I will rephrase your questions slightly in order to answer them.; 1. If a person delivers an incomplete vehicle to a truck body assemble for completion, but insists that the vehicle not contain all the lighting required by Standard No. 108, may the assembler carry out the person's wishes as an 'intermediate manufacturer, under the regulations? Would identification, clearance, and side-marker lamps required by Standard 108 be considered 'readily attachable accessories' under the regulations, so that the assembler would necessarily be considered a final-stage manufacturer?; The assembler would be permitted under the regulations to put a truc body on an incomplete vehicle, without all the required lighting, and consider himself an intermediate manufacturer. As you suggest, he would be obliged to specify, in the document furnished with the vehicle according to Part 568, that the vehicle does not conform to the standards, and describe the remaining work necessary to make it conform. The lamp assemblies you mention would not necessarily be considered 'readily attachable accessories', in general this agency will leave the determination of such categorical questions up to the parties directly concerned, as long as they act consistently with the regulations.; 2. We interpret the new regulation to mean that every vehicle which i sold to the first purchaser for use must be certified. Will this do away with the truck dealer selling an incomplete vehicle direct to the user without a body or other structure on it?; Every *completed* vehicle must be certified. But an incomplete vehicl is not certified under our regulations, and there is certainly no restriction on the sale of an incomplete vehicle 'direct to the user' or to anyone else, except for the requirement for the standards information document. One of the main purposes of the new regulation is to remove artificial restrictions on the production and marketing of incomplete vehicles.; 3. If an incomplete vehicle may be sold direct to the user without final Certification, does this mean that there is no need to certify the vehicle further--even if the vehicle is completed after the sale?; To the contrary--each manufacturer of a vehicle (or a final-stag manufacturer in the case of multistage vehicles) must affix a certification label in accordance with 49 CFR Part 567, this includes persons who manufacture or complete the manufacture of vehicles for their own use. The label contains information concerning weight ratings, date of manufacture, and identity of manufacturers that is important for enforcement purposes regardless of how the vehicle is marketed.; 4. At what point after the sale of a vehicle to the first user does th vehicle become classified as 'Used', and therefore not subject to the provisions of the Safety Standards or the Certification requirements?; The answer is, 'immediately after sale of a vehicle to a user', but couple of distinctions should be noted in this connection. Section 108(b)(1) of the Act predicates the cutoff of standards application on the 'first purchase of [the motor vehicle or motor vehicle equipment] in good faith for purposes other than resale.' Thus, there must be a bona fide sale, and the standards continue to apply to a vehicle where a person has manufactured or completed the manufacture of it for his own use, until *after* he sells the vehicle to another person. Also, the 'vehicle' in question is the completed vehicle, and the above does not apply in any way to incomplete vehicles.; 5. What recourse, other than to refuse to do the work, does th final-stage manufacturer have if the customer or user of the vehicle (1) no longer has the document provided by the incomplete vehicle manufacturer or (2) does not wish to have the work done in accordance with the provisions of the existing Safety Standards or the Certification requirements? If under (1) above the document is not available from the user of the vehicle, is it reasonable for the final-stage manufacturer to assume that all work has been done in conformance with the Safety Standards and that he 'has no reason to know, otherwise for the purpose of the final certification (if required)?; If the incomplete vehicle furnished to the final-stage manufacture does not contain the information document, as it should under the multistage vehicle regulation, then the final-stage manufacturer should obtain a copy of the document from the incomplete vehicle manufacturer. The document does much more than assure 'that all work has been done in conformance with the Safety Standards', most importantly, it describes what must be done by subsequent manufacturers to conform with the standards, and may in the future contain required consumer information.; 6. Was the vehicle identification number inadvertently omitted from th requirements for the Certification label for multistage vehicles?; The need for a vehicle identification number on multistage vehicles wa not apparent when the regulation was promulgated. Since that time several interested parties have suggested that the VIN would be useful for identification of information documents that go with particular vehicles, and for other purposes related to identification of the vehicles in communications with the manufacturer. This agency is considering the possibility of adding such a requirement to Part 567.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel