ID: aiam2918

Dear Mr. Shuster: This responds to your inquiry dated November 29, 1978, on behalf of on of your constituents, Mr. C. Stake, requesting information about Federal safety standards concerning door locks on automobiles. Specifically, Mr. Stake is concerned that the doors on his 1977 Mercury Monarch can be unlocked by a child from the inside by lifting the door handle.; I am enclosing a copy of Safety Standard No. 206 (49 CFR 571.206) which specifies performance requirements for side door locks and side door retention components to minimize the likelihood of occupants being thrown from the vehicle as a result of impact. That standard specifies that each door on a passenger car shall be equipped with a locking mechanism with an operating means in the interior of the vehicle. Paragraph S4.1.3.1 of the standard specifies that when the locking mechanism on a side *front* door is engaged, the outside door handle or other outside latch release control shall be inoperative. For side *rear* doors, however, paragraph S4.1.3.2 requires both the outside and inside door handles to be inoperative when the locking mechanism is engaged.; This latter requirement was specifically included in the standard t address Mr. State's concern, that is, to prevent children from unlocking rear doors by means of the door handle. The design restriction was limited to rear doors on the basis that the danger arises primarily with unattended children sitting in the rear seat. A child sitting in the front seat is likely under the watchful eye of the driver. Further, there is the consideration that in emergency situations the driver may need to unlock his front door as easily and quickly as possible.; Since the Standard No. 206 requirements have been in effect for som time, we assume that the situation Mr. Stake describes is true only of the front doors of his Mercury Monarch. As noted above, however, there are competing safety considerations involved with door locks on front side doors.; Please contact our office if your constituent has any further question concerning this matter, or have him contact us directly.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: nht92-1.1

DATE: December 30, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: T. Kouchi -- Director & General Manager, Automotive Equipment, Development & Administration Dept., Stanley Electric Co., Ltd.

TITLE: None

ATTACHMT: Attached to letter dated 11/23/92 from T. Kouchi to Paul J. Rice (OCC 8081)

TEXT:

This responds to your letter of November 25, 1992, asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it relates to light-emitting diodes (LEDs).

You ask that we reply to the following three questions:

"(1) Is it possible for us to group LED tail & stop lamps into three categories in terms of the number of lighted sections to determine applicable photometric requirements, as specified in paragraph 4.1.5.1 of SAE J1889 DEC 88?"

The term "three categories" does not appear in Standard No. 108. Further, SAE J1889 is not incorporated into Standard No. 108, either by direct or indirect reference. We believe that you must be asking whether multiple light source lamps (such as LEDs) may be considered as lamps with three lighted sections for purposes of determining photometric compliance with Standard No. 108. The answer is yes, they may be so considered. We are aware that, in general, the use of LEDs does not permit distinguishing distinct lighted sections. As the agency explained to Valeo of France on July 7, 1992, because the SAE does not prescribe photometric requirements for more than three lighted sections in its materials that are incorporated into Standard No. 108, any device that contains more than three lighted sections, or LEDs, need only comply with the requirements prescribed for three lighted sections.

"(2) Where the above view is acceptable, could we consider the number of lighted section (sic) as 'one' in case of a lamp which contains three LED arrays arranged as shown in the attached drawing, if the circumferenc (sic) of three projected luminous areas does not exceed 150mm both in horizontal and vertical dimension?"

The answer is no under Standard No. 108 as it presently exists. The drawing you have enclosed depicts three "lighted areas of LEDs" with two separations. Your question is based upon SAE J1889, which defines a "one compartment LED lamp" as one whose "maximum projected linear dimension" does not exceed 150mm. Thus, the linear dimension of a two-compartment LED lamp is 151-300mm, and that of a three-compartment LED lamp is 301mm and greater. These dimensional specifications prevent LED lamps from achieving intensities higher than conventional filament lamps of similar sizes. However, we cannot base our answer upon SAE J1889 since it is not incorporated into Standard No. 108. Based upon our interpretation to Valeo, each of the lighted areas would constitute a three-section device because it contains three or more LEDs.

This, of course, could result in a lamp consisting of these three devices

creating glare in the eyes of a following driver, an undesirable result, and we believe that you should keep this possibility in mind in further development of this design.

"(3) Where the number of lighted section (sic) is determined as 'one' in the above, can we locate 'the geometric center of the illuminated area' at the point marked in the attached drawing, according to paragraph 2.6 of SAE J1889 JUN88?"

The answer is no because SAE J1889 is not incorporated into Standard No. 108. You must refer to the SAE requirements that are incorporated into Standard No. 108 that apply to the respective rear lamp functions in order to answer this question. These are SAE J588 NOV 84 and SAE J1385 APR 85 for turn signal lamps, SAE J586 FEB 84 and SAE J1398 MAY 85 for stop lamps, and SAE J585e September 1977 for taillamps.

ID: nht74-4.31

DATE: 03/15/74

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: New York State Department of Transportation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of January 7, 1974, inquiring whether the words "emergency door" may be used in lieu of "emergency exit" under S5.5 of Motor Vehicle Safety Standard No. 217. You indicate that New York's regulations manual specifies the use of the words, "emergency door," and that a revised printing of the manual presently under way still contains this requirement.

While the NHTSA does not consider the phrase "emergency door" to be synonymous with emergency exit (we do not believe pushout windows or other non-door emergency exits are appropriately marked "emergency door"), we would not consider a bus to fail to conform to Standard No. 217 if its emergency doors were marked "emergency door." Emergency exists other than doors, however, must be marked emergency exit.

NHTSA standards apply only to vehicles manufactured after a standard's effective date. Standard No. 217 does not apply to buses in use that were manufactured before its effective date of September 1, 1973.

I point out that the provisions of the National Traffic and Motor Vehicle Safety Act dealing with preemption of State requirements (15 U.S.C. 1392(d)) prohibit New York from enforcing its requirement that emergency exits be marked "emergency door."

NEW YORK STATE DEPARTMENT OF TRANSPORTATION

January 7, 1974

Jerry Palisi Highway Traffic Safety Administration

Mr. John Murphy of this office informed me that he discussed with you our question concerning the use of the words "Emergency Door" in lieu of "Emergency Exit" as is apparently required by federal standards or regulations.

New York State has been requiring the use of words "Emergency Door" for many years now and it appears to us that it would be unreasonable to request a change in this regulation when considering the difference is only a matter of semantics. We feel quite certain that the use of the words "Emergency Door" will achieve the same result as the use of the words "Emergency Exit", and it is our suggestion that both expressions be permitted, if not on a permanent basis at least on a temporary basis until our rules are next amended.

We would appreciate whatever consideration you and your office can give to this request, as compliance at this particular time would create a considerable hardship. To illustrate, we have in circulation now between 4 and 5,000 copies of our current regulations and have already started the process of printing new regulations which will contain the words "Emergency Door". If the difference were significant, we would certainly consider changing our wording, but this is not the case and we would hope for some relief. Thanks for your help.

WILLIAM G. GALLOWAY, Director Traffic and Safety Division

By

MARTIN V. CHAUVIN, Chief Carrier Inspection Section

U.S. DEPARTMENT OF TRANSPORTATION

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TO: Lawrence Schneider

Office of the Chief Counsel (N40-30)

FROM: Regional Administrator

Region II

DATE: January 11, 1974

In reply refer to:

0II-00.NHTSA

SUBJECT: Request for Exemption from or Modification to FMVSS

No. 217, "Bus Window Retention and Release"

The enclosed letter dated January 7, 1974, from Mr. Martin V. Chauvin, Chief, Carrier Inspection Section, New York State Department of Transportation, is a follow-up to a discussion with Mr. Guy Hunter, Office of Crashworthiness, M.V.P.

New York is questioning the requirements of Section S5.5 of the above Standard, specifically the designation, "Emergency Exit".

We would appreciate a direct response to New York and an informational copy to our office.

Jerome A. Palisi

Highway Safety Management Specialist

Attachment

ID: nht95-1.8

TYPE: INTERPRETATION-NHTSA

DATE: January 4, 1995

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

TO: Dona B. Mann R.N., C.E.T.N. -- Fastrac Ideas, Inc.

TITLE: NONE

ATTACHMT: Attached to 11/14/94 letter from Dona B. Mann to NHTSA Chief Consul

TEXT: Dear Ms. Mann:

This responds to your letter of November 14, 1994, concerning the "Koze Kover" seat belt holder. Your letter explains that "(the) Koze Kover seat belt holder will hold the descending shoulder strap away from the jugular area of the neck. It is made from a tri-laminate material of polyester Kodel, 1/4 inch foam and urethane coated pack cloth. It is fastened by a hook and loop closure." You asked whether this product would be affected by any Federal Motor Vehicle Safety Standards issued by this agency.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. The agency does not approve, certify or endorse any vehicles or equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet all applicable standards. The following represents our opinion based on the facts provided in your letter.

There is currently no Federal motor vehicle safety standard that would apply to your product. We do have a standard (Standard 209, Seat belt assemblies) that sets forth requirements for new seat belt assemblies. However, since your product would not be installed as part of a new seat belt assembly, the standard would not apply.

While no Federal motor vehicle safety standard applies to your product, your device is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. @@ 30118-30121 con cerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or NHTSA determines that your product contains a safety-r elated defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 49 U.S.C. section 30122, which prohibits them from installing the device if the installation "makes inoperative" compliance with any safety standard. I t appears unlikely from the nature of your product that it would be placed in vehicles by commercial businesses instead of consumers. However, if your product were to be installed by persons in those categories, they must ensure that its installation doe s not compromise the safety protection provided by the vehicle belt system. The prohibition of section 30122 does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment.

Please note that the addition of any device to a vehicle's belt system raises possible safety concerns. With a device such as yours, the realigning of the shoulder belt could increase the likelihood that the wearer would twist toward the middle of the v ehicle, so that the person could be partially or completely unrestrained by the shoulder belt. In addition, if the device introduced excessive slack into the belt system, the occupant's head would be more likely to contact the vehicle interior. Finally , you should be aware that originally installed safety belts must meet the requirements of Standard No. 302, Flammability of Interior Materials. We encourage you to evaluate your product against the requirements of this standard to ascertain whether it would degrade the flammability performance of safety belts.

I hope this information has been helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely, Philip R. Recht

ID: 86-3.7

TYPE: INTERPRETATION-NHTSA

DATE: 05/02/86

FROM: AUTHOR UNAVAILABLE; Gordon T. Germain; NHTSA

TO: Gordon T. Germain, Esq.

TITLE: FMVSS INTERPRETATION

TEXT:

Gordon T. Germain, Esq. Bertram & Germain P.O. Box 132 Monticello, Kentucky 42633

Dear Mr. Germain:

We regret the delay in responding to Your January 1, 1986 letter to the National Highway Traffic Safety Administration (NHTSA) concerning the applicability of Federal law to the modification of used vans. You explained that in 1980, used 1971 model year vans were purchased by the Wayne County School Board and converted by the Wayne County's school systems into school vehicles. You asked whether Federal law applies to the conversion of the used vehicles by the school systems. As explained below, the answer to your question is no.

Before I begin, I would like to emphasize that our comments relate only to our interpretation of the National Traffic and Motor Vehicle Safety Act from our vantage point as a Federal enforcement agency. This letter explains how our requirements apply to the situation you present and is an opinion on compliance with Safety Act provisions. It does not address the manner in which violations of Safety Act provisions affect private litigation. Such an issue would be a matter for state courts to determine.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.), which authorizes NHTSA to issue safety standards applicable to the manufacture and sale of new motor vehicles, includes a limitation on the modification of safety systems installed on used motor vehicles pursuant to those standards, Section 108(a)(2)(A) provides, in part, that:

No manufacturer, distributor, dealer, or motor vehicle repair 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, the applicability of section 108(a)(2)(A) depends in part on the identity of the person converting the vans. That section applies only to the aforementioned commercial-type businesses modifying used vehicles. It does not apply to an owner, such as a state or a school, which

January 7, 1986

Chief Counsel of Erika Z. Jones Office of Chief Counsel N. H. T. S. A. Room 5219 NOA-30 400 7th Street, SW Washington, DC 20590

Dear Ms. Jones:

If you would, please accept this letter as an inquiry for a certified copy of an opinion as to the application of the traffic and motor vehicle safety regulations applicable to a school system purchasing used vans and converting them to use as school buses.

In 1980, the Wayne County School Board purchased used 1971 telephone vans from General Telephone. The school system then took the vans and converted them for use as school buses. My question is whether any of the Federal traffic and motor vehicle safety regulations or standards would apply to the school board in the conversion of these vans. If there are applicable Federal statutes, codes or safety standards, I would appreciate knowing which ones would apply. If no Federal statute, regulation or standard applies, I would appreciate an opinion as to the exemption of the school system from the application.

Thank you.

Sincerely,

Gordon T. Germain

GTG/jj

ID: nht94-7.36

DATE: March 17, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Steven R. Taylor -- S.R. Taylor Toys (Porterville, CA)

TITLE: None

ATTACHMT: Attached to fax dated 11/10/93 from Steven R. Taylor to NHTSA

TEXT:

This responds to your FAX to Mary Versailles of this office asking whether your Original Designer Seatbelt Strap (ODSS) would be affected by any Federal Motor Vehicle Safety Standards (FMVSS) issued by this agency. Also referenced are your telephone conversations with Mary Versailles and Walter Myers. I apologize for the delay in this response.

You described the ODSS as a strip of "D.O.T. standard nylon seat belt webbing" with double-sided adhesive tape on the under side and silk-screened designs on the front side. The tape has a backing that peels off, exposing the adhesive, and the ODSS is then applied to the existing seat belt. The ODSS comes in both child and adult models. The child's model, which is intended to be applied to the belt portion of a child restraint system, is 15 inches long and 1 1/2 inches wide with cartoon characters silk-screened on its face to entertain the child. The adult model, which is intended to be applied to a vehicle safety belt, is 30 inches long and 2 inches wide with silk-screened designs on its face to serve as a reminder to buckle up. The promotional material you sent with your inquiry indicated that the ODSS is an aftermarket product that "serves only as an entertainment piece and not as a safety device."

I am pleased to have this opportunity to explain our regulations. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."

By way of background information, the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. S1381, et seq. (Safety Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSS) for new motor vehicles and new items of motor vehicle equipment. The Safety Act establishes a self-certification system in which manufacturers are responsible for ensuring that their products comply with all applicable FMVSSs. Neither the Department of Transportation (DOT) nor NHTSA approves, endorses, certifies, or gives assurances of compliance of any product.

I note that you do not explain what you mean by the term "D.O.T. standard nylon seat belt webbing." This agency does not use that term. We assume you mean that the webbing is the same as that used by vehicle manufacturers for the safety belts used to comply with the Federal motor vehicle safety standards. However, since the meaning of the term is unclear and might be misunderstood as an approval by DOT of the webbing, we ask that you refrain from using the term in your promotional materials.

Section 102(4) of the Safety Act defines, in relevant part, the term "motor vehicle equipment" as:

(A)ny 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 ODSS, this product would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of the product, the entire portion of the expected use of the ODSS relates to motor vehicle operation. Also, the product would typically be used by ordinary users of motor vehicle.

While the ODSS 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 the manufacturer or NHTSA determines that a product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

We urge you to evaluate carefully whether your product would in any way degrade the performance of vehicle safety belts or child restraint systems. For example, you should ensure that your product does not interfere with safety belt retraction, that the adhesive on the back of the ODSS does not cause deterioration of the safety belt webbing, and that the ODSS does not obscure the information required by FMVSS No. 209, Seat Belt Assemblies, to be labeled on the webbing. I also note that safety belt webbing is designed to have some "give" to help absorb crash forces. If the ODSS was to make the webbing too stiff, it could raise safety concerns. Finally, you should be aware that originally-installed safety belts must meet the requirements of FMVSS 302, Flammability of Interior Materials. Again, we encourage you to evaluate your product against the requirements of this standard to ascertain whether the ODSS would degrade the flammability performance of seat belts.

A commercial business that installs the ODSS system would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles/motor vehicle equipment. 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 or item of motor vehicle equipment 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 device if the ODSS renders inoperative the vehicle's or child restraint system's compliance with the FMVSS's. The render inoperative prohibition does not apply to modifications that owners make to their own vehicles or motor vehicle equipment. However, NHTSA encourages owners not to degrade any safety device or system installed in their vehicle or equipment. In addition, individual states have the authority to regulate modifications that individual vehicle owners may make to their vehicles or equipment, so you might wish to consult state regulations to see whether your device would be permitted.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Walter Myers of my staff at this address or by telephone at (202) 366-2992.

ID: nht94-1.84

TYPE: Interpretation-NHTSA

DATE: March 17, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Steven R. Taylor -- S.R. Taylor Toys (Porterville, CA)

TITLE: None

ATTACHMT: Attached to fax dated 11/10/93 from Steven R. Taylor to NHTSA

TEXT:

This responds to your FAX to Mary Versailles of this office asking whether your Original Designer Seatbelt Strap (ODSS) would be affected by any Federal Motor Vehicle Safety Standards (FMVSS) issued by this agency. Also referenced are your telephone con versations with Mary Versailles and Walter Myers. I apologize for the delay in this response.

You described the ODSS as a strip of "D.O.T. standard nylon seat belt webbing" with double-sided adhesive tape on the under side and silk-screened designs on the front side. The tape has a backing that peels off, exposing the adhesive, and the ODSS is t hen applied to the existing seat belt. The ODSS comes in both child and adult models. The child's model, which is intended to be applied to the belt portion of a child restraint system, is 15 inches long and 1 1/2 inches wide with cartoon characters si lk-screened on its face to entertain the child. The adult model, which is intended to be applied to a vehicle safety belt, is 30 inches long and 2 inches wide with silk-screened designs on its face to serve as a reminder to buckle up. The promotional m aterial you sent with your inquiry indicated that the ODSS is an aftermarket product that "serves only as an entertainment piece and not as a safety device."

I am pleased to have this opportunity to explain our regulations. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."

By way of background information, the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. S1381, et seq. (Safety Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSS) for new motor vehicles and new items of motor vehicle equipment. The Safety Act establishes a self-certification system in which manufacturers are responsible for ensuring that their products comply with all applicable FMVSSs. Neither the Department of Tra nsportation (DOT) nor NHTSA approves, endorses, certifies, or gives assurances of compliance of any product.

I note that you do not explain what you mean by the term "D.O.T. standard nylon seat belt webbing." This agency does not use that term. We assume you mean that the webbing is the same as that used by vehicle manufacturers for the safety belts used to c omply with the Federal motor vehicle safety standards. However, since the meaning of the term is unclear and might be misunderstood as an approval by DOT of the webbing, we ask that you refrain from using the term in your promotional materials.

Section 102(4) of the Safety Act defines, in relevant part, the term "motor vehicle equipment" as:

(A)ny 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 retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is i ntended 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 ODSS, this product would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of the product, the entire portion of the expected use of the ODSS relates to motor vehi cle operation. Also, the product would typically be used by ordinary users of motor vehicle.

While the ODSS 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 ar e 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 the manufacturer or NHTSA determines that a product contains a safety relate d defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

We urge you to evaluate carefully whether your product would in any way degrade the performance of vehicle safety belts or child restraint systems. For example, you should ensure that your product does not interfere with safety belt retraction, that the adhesive on the back of the ODSS does not cause deterioration of the safety belt webbing, and that the ODSS does not obscure the information required by FMVSS No. 209, Seat Belt Assemblies, to be labeled on the webbing. I also note that safety belt web bing is designed to have some "give" to help absorb crash forces. If the ODSS was to make the webbing too stiff, it could raise safety concerns. Finally, you should be aware that originally-installed safety belts must meet the requirements of FMVSS 302 , Flammability of Interior Materials. Again, we encourage you to evaluate your product against the requirements of this standard to ascertain whether the ODSS would degrade the flammability performance of seat belts.

A commercial business that installs the ODSS system would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles/motor vehicle equipment. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) provide s 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 or item of motor vehicle equipment 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 device if the ODSS renders inoperative the vehicle's or child restraint system's compliance with the FMVSS's. The render inoperative prohibition does not apply to modifications that owners make to their own vehicles or motor vehicle equipment. However, NHTSA encourages owners not to degrade any safety device or system installed in their vehicle or equipment. In addition, individual states have the authority to regulate modifications that individual vehicle owners may make to their vehicles or equipment, so you might wish to consult state regulations to see whether your device would be permitted.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Walter Myers of my staff at this address or by telephone at (202) 366-2992.

ID: 9314r

Mr. Steven R. Taylor
S. R. Taylor Toys
1065 North Maston
Porterville, CA 93257

Dear Mr. Taylor:

This responds to your FAX to Mary Versailles of this office asking whether your Original Designer Seatbelt Strap (ODSS) would be affected by any Federal Motor Vehicle Safety Standards (FMVSS) issued by this agency. Also referenced are your telephone conversations with Mary Versailles and Walter Myers. I apologize for the delay in this response.

You described the ODSS as a strip of "D.O.T. standard nylon seat belt webbing" with double-sided adhesive tape on the under side and silk-screened designs on the front side. The tape has a backing that peels off, exposing the adhesive, and the ODSS is then applied to the existing seat belt. The ODSS comes in both child and adult models. The child's model, which is intended to be applied to the belt portion of a child restraint system, is 15 inches long and 1 1/2 inches wide with cartoon characters silk-screened on its face to entertain the child. The adult model, which is intended to be applied to a vehicle safety belt, is 30 inches long and 2 inches wide with silk- screened designs on its face to serve as a reminder to buckle up. The promotional material you sent with your inquiry indicated that the ODSS is an aftermarket product that "serves only as an entertainment piece and not as a safety device."

I am pleased to have this opportunity to explain our regulations. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."

By way of background information, the National Traffic and Motor Vehicle Safety Act. 15 U.S.C. 1381, et seq. (Safety Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSS) for new motor vehicles and new items of motor vehicle equipment. The Safety Act establishes a self- certification system in which manufacturers are responsible for ensuring that their products comply with all applicable FMVSSs. Neither the Department of Transportation (DOT) nor NHTSA approves, endorses, certifies, or gives assurances of compliance of any product.

I note that you do not explain what you mean by the term "D.O.T. standard nylon seat belt webbing." This agency does not use that term. We assume you mean that the webbing is the same as that used by vehicle manufacturers for the safety belts used to comply with the Federal motor vehicle safety standards. However, since the meaning of the term is unclear and might be misunderstood as an approval by DOT of the webbing, we ask that you refrain from using the term in your promotional materials.

Section 102(4) of the Safety Act defines, in relevant part, the term "motor vehicle equipment" as:

[A]ny 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 ODSS, this product would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of the product, the entire portion of the expected use of the ODSS relates to motor vehicle operation. Also, the product would typically be used by ordinary users of motor vehicles.

While the ODSS 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 the manufacturer or NHTSA determines that a product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

We urge you to evaluate carefully whether your product would in any way degrade the performance of vehicle safety belts or child restraint systems. For example, you should ensure that your product does not interfere with safety belt retraction, that the adhesive on the back of the ODSS does not cause deterioration of the safety belt webbing, and that the ODSS does not obscure the information required by FMVSS No. 209, Seat Belt Assemblies, to be labeled on the webbing. I also note that safety belt webbing is designed to have some "give" to help absorb crash forces. If the ODSS was to make the webbing too stiff, it could raise safety concerns. Finally, you should be aware that originally-installed safety belts must meet the requirements of FMVSS 302, Flammability of Interior Materials. Again, we encourage you to evaluate your product against the requirements of this standard to ascertain whether the ODSS would degrade the flammability performance of seat belts.

A commercial business that installs the ODSS system would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles/motor vehicle equipment. 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 or item of motor vehicle equipment 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 device if the ODSS renders inoperative the vehicle's or child restraint system's compliance with the FMVSS's. The render inoperative prohibition does not apply to modifications that owners make to their own vehicles or motor vehicle equipment. However, NHTSA encourages owners not to degrade any safety device or system installed in their vehicles or equipment. In addition, individual states have the authority to regulate modifications that individual vehicle owners may make to their vehicles or equipment, so you might wish to consult state regulations to see whether your device would be permitted. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Walter Myers of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosures

ref:571 d:3/17/94

ID: aiam0813

Dear Mr. Haransky: This is in reply to your letter of July 20, 1972, concerning th Certification of vehicles having a dual purpose. You ask how you should determine weight ratings when a vehicle is intended to carry loads of varying weights, and cite as an example a vehicle designed to carry both gasoline and; 2 fuel oil. You indicate that you are presently placing a secon certification label on the vehicle, a copy of which you enclose, to inform the customer of the allowable weights.; The method you are using may not be consistent with the Certificatio regulations, as our position is that weight or axle values that may be confused with GAWR or GVWR cannot appear on the Certification (Part 567) label, or on adjoining labels. This will be the case if the 'total' in the 'chassis rated weight' column differs from the figure you provide on the Part 567 label for GVWR (assuming that the front and rear axle figures are identical to the GAWR figures on the Part 567 label). Gross vehicle weight rating is not necessarily the total of all axle weight ratings.; We recommend that the weight ratings be computed on the basis of th heaviest load that the vehicle is designed to carry, without attempting (for certification purposes) to anticipate the density of particular cargoes.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam0811

Dear Mr. Haransky: This is in reply to your letter of July 20, 1972, concerning th Certification of vehicles having a dual purpose. You ask how you should determine weight ratings when a vehicle is intended to carry loads of varying weights, and cite as an example a vehicle designed to carry both gasoline and; 2 fuel oil. You indicate that you are presently placing a secon certification label on the vehicle, a copy of which you enclose, to inform the customer of the allowable weights.; The method you are using may not be consistent with the Certificatio regulations, as our position is that weight or axle values that may be confused with GAWR or GVWR cannot appear on the Certification (Part 567) label, or on adjoining labels. This will be the case if the 'total' in the 'chassis rated weight' column differs from the figure you provide on the Part 567 label for GVWR (assuming that the front and rear axle figures are identical to the GAWR figures on the Part 567 label). Gross vehicle weight rating is not necessarily the total of all axle weight ratings.; We recommend that the weight ratings be computed on the basis of th heaviest load that the vehicle is designed to carry, without attempting (for certification purposes) to anticipate the density of particular cargoes.; Yours truly, Richard B. Dyson, Assistant Chief Counsel