ID: 1985-04.20

TYPE: INTERPRETATION-NHTSA

DATE: 11/13/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Douglas I. Greenhaus

TITLE: FMVSS INTERPRETATION

TEXT:

November 13, 1985 Douglas I. Greenhaus, Esq. National Automobile Dealers Association 8400 Westpark Drive McLean, VA 22102 Dear Mr. Greenhaus: This is in response to your letter of September 30, 1985, to Taylor Vinson of this office. You present the situation of a dealer who "installs a rear mounted luggage rack, and moves the manufacturer installed stop lamp in compliance with the standard". You have asked "Does the franchised new car dealer incur a certification obligation under the above scenario?" This is an interesting question, and one which we have not been asked before. An additional certification is required by "a person who alters a vehicle that has previously been certified" if the alteration is "other components such as mirrors or tires and rim assemblies...." (49 CFR 567.7) In this instance, the center high- mounted stop lamp is not a "readily attachable component" within the meaning of the examples given by the regulation, and therefore the dealer as "alterer" must attach his certification that the vehicle as altered continues to conform. The component in question is one which was covered by the vehicle manufacturer's certification and its continued presence and complying location and visibility must be maintained after its removal and reinstallation so that the National Traffic and Motor Vehicle Safety Act is not violated when the car is sold to its first purchaser. Sincerely, Original Signed By Erika Z. Jones Chief Counsel

ID: 77-2.21

TYPE: INTERPRETATION-NHTSA

DATE: 04/28/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Bandag of Nassau, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your March 10, 1977, letter asking whether it is permissible for you to use a DOT number assigned to another tire retreader when you perform special retread work in your plant for the other retreader who lacks facilities to do the work himself.

Standard No. 117, Retreaded Pneumatic Tires, requires that the retreader apply a DOT symbol and identification number to the tire. The DOT symbol indicates conformance with Federal regulations. The number enables the National Highway Traffic Safety Administration (NHTSA) to identify the retreader that manufactures the tire. To permit one manufacturer to use the identification number of another would impair the NHTSA enforcement actions. Accordingly, you would not be permitted to use any DOT number other than your own on tires you retread.

SINCERELY,

BANDAG OF NASSAU, INC.

March 10, 1977

U.S. Department of Transportation

Re: DOT Regulations

If two individuals are both financially interested in two distinct corporate tire entities -- one party operating the one retread plant and the other party operating the second retread plant -- each plant having its own DOT identification marker, is it permissable to use both DOT markers in the first plant to enable them to process special work that cannot be done in the second plant.

We shall appreciate your advising us on this matter.

L. Wenderoth

ID: 1983-3.27

TYPE: INTERPRETATION-NHTSA

DATE: 11/23/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Eddie Wayne

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Mr. Eddie Wayne 4306 Emmet Drive Erie, Pennsylvania 16511

Dear Mr. Wayne:

Thank you for your recent note asking if motorcycle headlamps could not be required to have a blue or green lens across the top portion, so that cycles could be distinguished from a four-wheeled motor vehicle with only one headlamp.

This is an interesting suggestion. However, we would not wish to impose a requirement that would interfere with the effectiveness of the single headlamp with which most motorcycles are equipped. The other side of the coin is marking the four-wheeled vehicle so that it is distinguishable from a motorcycle when one of its headlamps is out. We currently require passenger cars, light trucks, and others, to have amber or white parking lamps and amber front side marker lamps that are illuminated when the headlamps are on. While these lights may not be as readily visible from greater distances as a headlamp, nevertheless their presence on a vehicle does help to distinguish that vehicle from a motorcycle at night, when a headlamp is missing.

Thank you for your interest in safety.

Sincerely,

Frank Berndt Chief Counsel

ID: nht81-2.5

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Thiele Incorporated

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Mr. Ted Thiele Thiele Incorporated P.O. Box 188 111 Spruce Street Windber, PA 15963

Dear Mr. Thiele

This is in response to your letter forwarding your firm's vehicle identification numbering system and requesting confirmation that it complies with Federal Motor Vehicle Safety Standard No. 115 -Vehicle identification number.

The National Highway Traffic Safety Administration (NHTSA) does not give advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed system. Based on our understanding of the information which you have provided, your system apparently complies with Standard No. 115.

Sincerely,

Frank Berndt Chief Counsel

January 28, 1981

Society of Automotive Engineers, Inc. 400 Commonwealth Drive Warrendale, PA 15096

Attention: Leo P. Ziegler, Jr.

Gentlemen:

We are enclosing copy of our coding system to be used in our trailer identification numbers. We will not begin to use this system until we have your approval.

Yours truly,

THIELE, INCORPORATED

Ted Thiele

TT:rr cc: N. F. Erickson, NHTSA?DOT

ID: nht80-3.9

DATE: 06/25/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Mercedes-Benz

TITLE: FMVSS INTERPRETATION

TEXT: This responds to the questions you raised with Stephen Oesch of my office on May 1, 1980, concerning Standard No. 101-80, Controls and Displays.

You asked if the clearance lamp system symbol shown in Table I of the standard can be used on a rotary switch to identify a position that activates only the parking and side marker lights. You also asked whether the low beam symbol can be used to indicate the headlamp position on the same rotary lighting switch. Such a use of the clearance lamp symbol and low beam symbol is permissible.

Under S5.2.1 and footnote 2 to Table I, the switch which controls not only the headlamps, but also the clearance, identification, parking and/or side marker lamps must have the Table I symbol for headlamps and tail lamps either on or adjacent to it. It appears from the drawing you left with us that the required headlamp and tail lamp symbol would indeed be adjacent to the switch. S5.2.1 also provides that a manufacturer may use additional symbols for the purpose of clarity. Since the additional symbols you contemplate using would inform the driver about the particular lights which are operated by the different positions of the switch, they would serve the purpose of added clarity.

If you have any further questions, please let me know.

ENC.

(Graphics omitted)

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ID: nht80-4.25

DATE: 12/09/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Cragar Industries, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: The Office of Vehicle Safety Compliance has asked me to respond to your October 14, 1980, letter asking for a clarification of the basis upon which it was suggested that your wheel spinners may not be in compliance with Safety Standard No. 211, Wheel Nuts, Wheel Discs, and Hub Caps.

Standard No. 211 prohibits the manufacture or assembly of wheel nuts, wheel discs and hub caps that incorporate winged projections. This safety standard has been in effect since 1968 and was implemented at that time, because it was determined that these devices presented potential safety hazards to pedestrians and to cyclists. Prior to 1968, manufacturers were constructing devices with winged projections that extended quite far from the wheel. To prevent this from arising again, the agency issued the standard prohibiting the manufacture of all such devices.

From reviewing the wheel spinner that you are producing, our technical staff has concluded that it incorporates a winged projection of the type prohibited by the standard. Accordingly, our staff notified you of your possible noncompliance. I trust that this clarifies the basis of our investigation. Any questions that you have with respect to this possible noncompliance should be referred to our Office of Vehicle Safety Compliance.

Pursuant to your request, the National Highway Traffic Safety Administration will provide confidential treatment, subject to the limitation of 15 U.S.C. 1418(a)(2)(B), for the total production figure in paragraph 4 of your October 14 letter.

ID: nht73-5.42

DATE: 11/02/73

FROM: AUTHOR UNAVAILABLE; Robert L. Carter; NHTSA

TO: Porsche

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of September 2, 1973, to Mr. James Hofferberth of my staff, inquiring if a particular safety belt system which is illustrated in your enclosures meets the criteria for a passive restraint system.

The interpretation of a passive restraint system published in the Federal Register on May 4, 1971 (36 F.R. 8296) was:

"The concept of an occupant protection system that requires 'no action by vehicle occupants' as used in Standard No. 208 is intended to designate a system that requires no action other than would be required if the protective system were not present in the vehicle."

With respect to your belt system, a requirement for placing the belt in the storage holder when leaving the car would be considered "action" and not permitted under the above interpretation of a passive system. However, if the belt system could be entered and exited with essentially no action, in the event the storage holder was not used, automatically releasing "convenience" holder would not compromise the belt's qualification as a passive system.

SINCERELY,

Jim Hofferberth NHTSA

9/2/73

Dear Mr Hofferberth.

This is in ref. to our tel. conversation of last week re passive restraint system. The picture are self explanatory, and show the sequence of locking and unlocking. Would you please let me know if this meets the standard or if any changes are needed.

Very truly yours Kurt Meier

ID: nht74-1.36

DATE: 09/09/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Societe de Signalisations Automobiles

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of July 17, 1974, concerning NHTSA's proposal to apply a manufacturer's identification code to motor vehicle lights.

Motor vehicle lights, including those imported in the United States, subject to MVSS No. 108, Lamps, reflective devices, and associated equipment, would be required to be marked with a manufacturer's identification code under the NHTSA proposal. Just as all motor vehicle lights must meet the performance requirements of Standard 108, if the proposal is adopted as a final rule they would be required to meet the manufacturer's identification code requirement as well.

Thank you for advising us of your views in this matter. We will take them into account in formulating further action.

Yours truly,

ATTACH.

July 17, 1974

Dear Sirs,

Further to the publication of your project in the Federal Register of the 5.6.74 modifying the mode of assigning an identification code we have to inform you that for the little trafic lights still existing nearly everywhere in the world, it will be very difficult to find an aera authorising all the markings.

Unfortunalty, we see no solution to suggest to you but we want to point out the difficulties there will be to account for all of the markings.

Yours faithfully

The Secretary General -- R. VIBART

ID: nht79-4.34

DATE: 08/07/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mark Marks

TITLE: FMVSS INTERPRETATION

TEXT: In response to the request of Ms. Chris Anderson of your office, I have enclosed a copy of a letter which I recently wrote detailing the National Highway Traffic Safety Administration (NHTSA) regulations pertinent to the manufacture of trailers. Please note the reference on page 2 of the letter concerning the "Manufacturer Identification" requirements. These requirements are independent of those pertinent to the Vehicle Identification Number.

Under current regulations (49 CFR Part 571.115), manufacturers of trailers are not subject to the Vehicle Identification Number requirements. However, pursuant to recent amendments (see enclosed copy), a manufacturer of trailers will be required to affix a Vehicle Identification Number to every trailer manufactured on or after September 1, 1980. Although, the Vehicle Identification Number will not have to be affixed until this date, certain reports will be required in advance. Any trailer manufacturer who begins production before September 1, 1979, must report to NHTSA by that date the characters that he will include in his Vehicle Identification Numbers to uniquely identify himself, the make and the type of vehicle he produces. A manufacturer beginning production after September 1, 1979, must submit this information at least 60 days before he begins affixing the Vehicle Identification Numbers to vehicles.

I hope that this information will be helpful to you and your constituent. I will be happy to answer any further questions that you may have.

SINCERELY,

Attachment: See 8/31/79 letter from F. Berndt to Vesely Company.

ID: nht89-3.26

TYPE: INTERPRETATION-NHTSA

DATE: 11/01/89

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

TO: KARL-HEINZ FABER -- VICE PRESIDENT PRODUCT COMPLIANCE SERVICE AND PARTS MERCEDES-BENZ OF NORTH AMERICA, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 08/09/89 FROM MERCEDES BENZ OF NORTH AMERICA TO STEPHEN P. WOOD; REQUEST FOR INTERPRETATION, FMVSS 108, LAMPS, REFLECTIVE DEVICES AND ASSOCIATED EQUIPMENT; OCC 3823

TEXT: Dear Mr. Faber:

This is in reply to your letter of August 9, 1989, with respect to the interpretation of the word "headlamp" as it appears in paragraph S7.2 of Motor Vehicle Safety Standard No. 108.

In pertinent part, this paragraph specifies that certain markings shall be placed on the lens of each headlamp, with "each headlamp" to be marked with the voltage and part or trade number. Noting that "headlamp" is not a defined term but "replaceable bu lb headlamp" is, you have asked for confirmation that marking the lens, the reflector, or the light source with the voltage would be in compliance with paragraph S7.2.

The agency intends that the voltage be indicated on the exterior of the headlamp. If the manufacturer does not wish to put it on the lens, Standard No. 108 will permit, as of December 1, 1989, voltage marking to be on an exterior part of the headlamp bo dy, but not on the light source.

I hope that this answers your question.

Sincerely