ID: aiam5240

"Dear Mr. Peer: This responds to your letter in which you reques 'Federal approval and certification' for the 'TWIP,' the product you plan to import into the United States. You state that this product is a battery driven, two-wheeled electric scooter with a maximum top speed of about 9 miles per hour. In a telephone conversation with Marvin Shaw of my staff, you stated that the TWIP will be used in warehouses and for recreational purposes. I am pleased to have this opportunity to explain our regulations to you. NHTSA has the authority under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A), Safety Act) to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Section 102(3) of the Safety Act defines 'motor vehicle' as: A ny vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails. Based on statements in your letter and in your telephone conversation that the TWIP would be used in warehouses and for off-road recreational purposes, it appears that the TWIP is manufactured primarily for off-road purposes rather than for use on the public streets. Therefore, your product would not be a motor vehicle and thus would not be subject to any of this agency's safety standards. Even if your product is manufactured for on-road use a substantial amount of the time, it appears that the TWIP would still not be a motor vehicle under this agency's statutory definitions. This is because NHTSA has stated in many previous interpretations that vehicles that regularly use the public roads will not be considered 'motor vehicles' if such vehicles have a maximum attainable speed of 20 miles per hour or less and have an abnormal configuration that readily distinguishes them from other vehicles. These criteria are met by the TWIP. In your letter, you stated that the TWIP has a top speed of approximately 9 miles per hour. The sales material you enclosed show that the TWIP's steering mechanism and driver's seat are attached to elongated bars that fold down apparently to make the scooter more portable. This configuration readily distinguishes it from motorcycles and other two-wheeled vehicles. I wish to clarify this agency's authority to provide 'federal approval and certification.' As noted above, under the Safety Act, NHTSA is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. However, NHTSA does not approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards. Therefore, even if the TWIP had been found to be a motor vehicle, the agency would not have approved or certified it. Rather, you, as its manufacturer, would be responsible for certification. Because your vehicle is not a 'motor vehicle,' under the Safety Act, none of this agency's standards or regulations applies to it. You may wish to contact the U.S. Consumer Product Safety Commission to learn if they have any Federal safety regulations that would apply. Their address is: Office of Chief Counsel 5401 Westbard Avenue Bethesda, MD 20207 Telephone: (301) 504-0980 You may also wish to consider the possible application of State laws to your product. For additional information on State laws, you may contact the American Association of Motor Vehicle Administrators at: 4200 Wilson Blvd., Suite 600 Arlington, VA 22203 Telephone: (703) 522-4200 I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";

ID: 1982-1.40

TYPE: INTERPRETATION-NHTSA

DATE: 04/02/82

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Department of Transportation; Commonwealth of Pennsylvania

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of March 8, 1982, asking the current status of three-wheeled motor vehicles under the Federal Motor Vehicle Safety Standards.

As you know from my letter of November 24, 1976, to HM Vehicles, a copy of which you enclosed, three-wheeled motor vehicles are classified as "motorcycles" under the standards. Obviously the configuration of a three-wheeled enclosed vehicle differs greatly from that of the two-wheeled machine that comes to mind when the word "motorcycle" is mentioned. As my 1976 letter indicates, the agency was seeking a more realistic regulatory scheme for three-wheeled vehicles, for obviously our motorcycle standards were written with two-wheeled vehicles in mind. But because three-wheeled vehicles did not comprise a significant part of the market, the agency decided that its priorities in motor vehicle safety lay elsewhere, and no change in the definition of "motorcycle" was ever adopted, and it still encompasses three-wheeled vehicles.

You have also asked whether a three-wheeled vehicle can be registered and inspected as a passenger car. Under the preemption provisions of the National Traffic and Motor Vehicle Safety Act 15 U.S.C. 1392(d)), Pennsylvania is bound to treat three-wheeled vehicles as "motorcycles" in those areas that are covered by Federal safety standards that apply to motorcycles. Further, it may apply its own motorcycle standards in areas not covered by Federal standards. This means, for example, that Pennsylvania could not require a three-wheeled vehicle to have two headlamps since one is adequate under our Safety Standard No. 108. On the other hand, Pennsylvania could require a backup lamp device since Standard No. 108 contains no such requirement for motorcycles. Thus, it would seem that Pennsylvania should register and inspect these vehicles as motorcycles to the extent possible.

As a final comment, we favor the use of discretionary enforcement when literal enforcement may create disrespect for the law. We note the comment written on the "Free-Way II" sheet: "must wear a helmet." Our standards do not cover the use of helmets or apparel of operators but we can understand why the driver of an enclosed three-wheeled vehicle might not understand a citation for failure to wear a helmet. On the other hand, such a requirement appears perfectly reasonable for the operator of an open three-wheeler.

SINCERELY,

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF TRANSPORTATION

March 8, 1982

Frank Berndt Chief Counsel NHTSA

Dear Mr. Berndt:

Attached is a letter from you to Mr. Edmonson, dated November 24, 1976, concerning a three-wheeled vehicle known as "Free-Way II". The Pennsylvania Department of Transportation, Vehicle Safety Division would like to know the current status of these types of vehicles in view of Federal regulations. If the vehicle is a motorcycle, can it be registered and inspected as a passenger car?

Please contact Kathy G. Phillips at (717) 787-2895 if you have any questions concerning this request. Thank you for your cooperation and assistance in this matter.

John A. Pachuta Director

Bureau of Traffic Safety Operations

(Graphics omitted)

"FREE-WAY II" STANDARD FEATURES:

1. Automotive lighting system 2. "Non-rusting" fiberglass body 3. Standard automotive controls and instruments 4. Large storage area 5. Smooth automatic transmission 6. Mid-engine or mid-motor design, gas, diesel or electric powered 7. Bucket seat -- room for temporary tandem seat 8. Large convenient door 9. Front wheel steering system 10. 350 degree protective steel frame at bumper height 11. Hydraulic drum brakes on all wheels 12. "340" engine, electric start 13. Electric windshield wiper

ID: 2882o

Mr. Frank V. Tanzella
Tek Tron, Inc.
10R Rainbow Terrace Unit E
Danvers, MA 01923

Dear Mr. Tanzella:

This responds to your letter of April 5, 1988, concerning the installation of credit card mobile telephones into taxi cabs that already have been sold to the first purchaser. You noted that you may have to cut into the back of the front seat in order to provide clearance for the phone. You asked what safety regulations would apply to this situation and whether any additional testing would be necessary.

Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A); the Safety Act) provides that: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard ... For purposes of this paragraph, the term 'motor vehicle repair business' means any person who holds himself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation."

Standard No. 207, Seating Systems (49 CFR 571.207; copy enclosed) sets forth minimum performance requirements for the seating systems installed in new passenger cars, such as the taxi cabs you plan to modify. Assuming that your company would be a "motor vehicle repair business" for the purposes of this contract, this statutory provision prohibits you from knowingly making any modifications that would render inoperative the taxis' compliance with any safety standards. You should be aware that by adding the telephone you will be adding weight to the seat. This change in weight may effect the general performance requirements in S4.2. Nevertheless, the "render inoperative" provision in the Safety Act does not require your company to test vehicles after installing the mobile telephone, to ensure that the vehicles continue to comply with Standard No. 207. Instead, the "render inoperative" provision in the Safety Act requires your company to carefully compare your planned installation instructions with the requirements of Standard No. 207, to determine if installing the mobile telephones in accordance with your planned installation procedures would result in the vehicles no longer complying with Standard No. 207. If it would, you will have to devise some alternative means of installing the mobile telephones in the taxis. If your planned installation procedures do not render inoperative the taxis' compliance with Standard No. 207, you may follow those procedures without violating any provisions of the Safety Act.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures ref:VSA#108#207 d:7/18/88

ID: nht74-1.1

DATE: 10/16/74

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: British Leyland Motors, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

OCT 16 1974 N40-30 (ZTV)

Ms. Dianne Black Engineering Liaison British Leyland Motors Inc. 600 Willow Tree Road Leonia, N. J. 07605

Dear Ms. Black:

This is in reply to your letter of September 27, 1974 asking whether paragraph S5.3.2 of Standard No. 105-75 allows activation of a brake indicator lamp "whilst the engine is cranking".

Under the system, you describe the lamp would be activated with the key in the "start" position while the engine is turning over. Aposition between "on" and "start" designated by the manufacturer as a check position, within the meaning of S5.3.2, includes both "on" and "start", and your proposed system therefore would meet Standard No. 105-75.

Yours truly,

Richard B. Dyson Acting Chief Counsel

ID: nht94-1.6

TYPE: INTERPRETATION-NHTSA

DATE: 01/01/94 EST

FROM: Frances J. Chamberlain

TO: John Womack -- NHTSA

TITLE: NONE

ATTACHMT: Attached to 2/6/95 letter from Philip R. Recht to Frances J. Chamberlain (A43; VSA 102(4))

TEXT: I am writing in regards to car accessory regulations. I have been working on a design that would attach to the back side of the drivers and passengers seat. I have researched the regulations contained in Title 49 (Transportation) of the Code of Federal Regulations and (Parts 500-599) by the National Highway Traffic Safety Administration.

Are there regulations as to the distance that must be clear between the back side of the drivers seat and the back seat? This is an emergency accessory and could also be kept under the seat. I am trying to find an interior space of the automobile to att ach or store this unit.

Once again I would like to attach this unit to the back side of the front seat and would appreciate any help you may be able to offer as I put together the final component.

If you need further information I may be reached at 1-206-658-0579. That is my residence. I am working on this project currently and would appreciate your response.

Sincerely,

ID: aiam2428

Dear Mr. Mitchell: This is in response to your letter of September 2, 1976, in which yo ask whether the definition of 'contactable surface' in Standard No. 222, *School Bus Passenger Seating and Crash Protection*, includes areas on the front of the seatback located more than three inches from the top of the seat.; Your interpretation of 'contactable surface' is correct. The standar states in paragraph S4 that only the uppermost three inches of area on the front of the seatback if considered part of the 'contactable surface.' The remainder of the front of the seatback is not considered part of the 'contactable surface' and need not meet the head impact requirements of S5.3.; Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: 006664drn

The Honorable Chris Chocola
U.S. House of Representatives
444 Mall Road
Logansport, IN 46947

Dear Representative Chocola:

Thank you for your letter of August 27, 2003, requesting information on behalf of your constituent, Reverend Don Harris of the Door of Hope Community Church in Kokomo. Reverend Harris is concerned about the 15-passenger vans used by his church and wishes to know if there is a Federal law "prohibiting use of 15-passenger vans for transporting students (K-12) to and from school." Reverend Harris also asks for information about a warning issued by the National Highway Traffic Safety Administration (NHTSA) about the risks of rollover crashes associated with 15-passenger vans.

As explained below, Federal law restricts the types of new buses that may be sold to transport children to or from school or school-related events, but does not restrict the use of vehicles. Regulations applying to the use of 15-passenger vans and other vehicles are set by the States.

Transporting Students With Vans

By way of background, NHTSA is authorized to issue and enforce Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112(a) requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable motor vehicle safety standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute at 49 U.S.C. 30125 defines a "school bus" as any passenger motor vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or school-related events. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons.

The Door of Hope Community Church operates a child care center for pre-kindergarten and school age children and provides transportation to and from school. While child care centers in and of themselves are not "schools," a facility providing transportation to or from school is providing the transportation covered by our statute. As such, a dealer selling a new bus to the facility for transporting students to or from school is obligated to sell a "school bus." Bus sales to child care centers have been addressed in the enclosed May 9, 2001, interpretation letter to Mr. Rod Nash explaining dealers responsibilities in selling new buses to child care centers for use in transporting children to or from schools.

Because the FMVSSs apply only to manufacturers and sellers of new motor vehicles, we do not regulate how a child care center must transport its children. However, each State has the authority to set its own regulations regarding the use of motor vehicles, including 15-passenger vans. For this reason, Indiana law determines which vehicles can be used to transport children to or from child care centers.

15-Passenger Van Rollover Risk

The way some 15-passenger vans may be driven may subject occupants to an increased risk of rollover crashes. On April 15, 2002, NHTSA Administrator Jeffrey W. Runge, M.D., reissued a cautionary warning to 15-passenger van users because of an increased rollover risk under certain conditions. NHTSA research has shown that 15-passenger vans have a rollover risk that increases dramatically as the number of occupants increases from fewer than five to more than ten. In fact, 15-passenger vans with 10 or more occupants had a rollover rate in single-vehicle crashes that is nearly three times the rate of those that were lightly loaded.

Dr. Runge advised 15-passenger van users to be aware of the following safety precautions in order to significantly reduce the rollover risk:

• It is important that 15-passenger vans be operated by trained, experienced drivers.
• All occupants must wear seat belts at all times. Eighty percent of those who died in 15-passenger van rollovers nationwide in the year 2000 were not buckled up. Wearing seat belts dramatically increases the chances of survival during a rollover crash. In fatal, single-vehicle rollovers involving 15-passenger vans over the past decade, 92 percent of belted occupants survived.

I am enclosing copies of the consumer advisory, a NHTSA study on "The Rollover Propensity of Fifteen-Passenger Vans," and a flyer, "Reducing the Risk of Rollover Crashes in 15-Passenger Vans." For more information about the safety features of a school bus, I am enclosing NHTSAs publication, "School Bus Safety: Safe Passage for Americas Children."

The Multifunction School Activity Bus

Your constituent might be interested to know that NHTSA recently established a new school bus subcategory, the "multifunction school activity bus" (July 31, 2003; 68 FR 44892). This vehicle is a bus that meets all school bus FMVSSs, except those for school bus flashing lights and stop arms. As a matter of Federal law, child care facilities may now be sold multifunction school activity buses as an alternative to school buses with flashing lights and stop arms, subject to State law. A copy of the July 31, 2003, document is enclosed for your information.

I hope this information is helpful. If you or Reverend Harris have any further questions about 15-passenger van safety or about NHTSAs programs, please feel free to contact me at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:571.3
d.10/1/03

ID: nht73-5.14

DATE: 09/17/73

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Toyota Motors Sales, U.S.A., Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of August 24, 1973, concerning Toyota's use of a clip to prevent the shoulder belt from rubbing the occupant's neck. Your questions are (1) whether a clip of this type is permitted by Standard No. 208 and (2) whether the clip would be considered a part of the anchorage under Standard No. 210.

Your description of the clip indicates that it does not restrict the free travel of the webbing. The clip would therefore not inhibit the ability of the belt to adjust automatically to fit the occupant, as required by S7.1.1 of Standard No. 208. It is our opinion that such a clip is permitted by Standard No. 208.

We have also concluded that a plastic guide clip designed so as not to affect the basic geometry of the belt during a crash is not a seat belt anchorage for purposes of Standard No. 210. The clip you describe would therefore not be required to meet the strength of location requirements of that Standard.

TOYOTA MOTOR SALES, U.S.A., INC.

August 24, 1973

Dr. James B. Gregory, Administrator National Highway Traffic Safety Adm.

For the purpose of encouraging our customers to use the seatbelt system, Toyota has been striving to minimize the possible discomfort or irritation which they may experience when wearing the upper torso belts, and we have developed a clip which is attached to the upper portion of the seat back as shown in the enclosed photo.

This clip is used to prevent the shoulder harness from contacting the occupant's neck and does not affect the retractive movement of the seatbelt shoulder harness. This clip, which is made of plastic, is designed so as not to hinder the performance of the seatbelt system during an accident.

Toyota believes the above-mentioned clip meets the intent of FMVSS No. 208 and the requirements of paragraph @ 7.1.1 of that standard. Toyota does not consider a clip of this nature to be an anchorage to which the requirements of FMVSS No. 210 apply.

As soon as we receive your favorable reply regarding this interpretation, we would like to install the clip on some of our models to improve the comfort of the seatbelt system.

Your prompt response to this matter would be greatly appreciated.

Keitaro Nakajima Director/General Manager Factory Representative Office

Attachment

(Graphics omitted)

ID: aiam5195

"Dear Mr. Banner: This responds to your request for an interpretatio of how NHTSA's regulations would apply to some manufacturing operations you are contemplating. I apologize for the delay in this response. In a telephone conversation with Dorothy Nakama of my staff, you explained that you would like to start producing vehicles based on Ford pickup truck chassis. Some of these Ford chassis would come from wrecked vehicles that you would strip down to the frame, and others would be new chassis that you would purchase directly from Ford. You would then install new bodies on top of some of these chassis and offer them for sale as completed vehicles. You also would like to offer some of these bodies and chassis for sale as 'kit cars.' In the 'kit car' version, you would sell the body and chassis to the purchaser of the kit, and the purchaser of the kit would have to furnish some other parts in order to complete the vehicle. This agency's Federal motor vehicle safety standards apply to new motor vehicles and new items of motor vehicle equipment. Federal law does not require motor vehicles and items of motor vehicle equipment to continue to comply with the safety standards after the first purchase of the vehicle or equipment item in good faith for purposes other than resale. However, Federal law does prohibit any manufacturer, distributor, dealer, or repair business from knowingly 'rendering inoperative' compliance with a safety standard for a vehicle or item of equipment. See 15 U.S.C. 1397(a)(1)(A), (a)(2)(A), and (b)(1). 1. New Body on New Chassis. All vehicles you produce by installing a new body on a new chassis would be considered new vehicles. You would have to certify that each of those vehicles conformed to all applicable safety standards. You would be considered a 'final stage manufacturer' of the vehicles, as that term is used in 49 CFR Parts 567 and 568. 2. New Body on Used Chassis. We cannot say from the information you have provided whether the vehicles you produce by installing a new body on a stripped, wrecked Ford pickup would be treated as a new vehicle, and have to be certified as complying with the applicable safety standards. The answer depends on how extensively you modify the Ford pickup chassis. To allow vehicle modifiers to determine when the modifications to a used chassis are so extensive that the resulting vehicle will be considered new for the purposes of the Federal safety standards, NHTSA has established specific criteria at 49 CFR 571.7(e), Combining new and used components. That section reads as follows: When a new cab is used in the assembly of a truck, the truck will be considered newly manufactured . . . unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components were taken from the same vehicle. This provision means that if you leave the frame, engine, transmission, and drive axle in place from the wrecked vehicle, and place a new body on top of it, we would consider that vehicle to be a used vehicle, which would not have to be certified by you as complying with applicable safety standards. On the other hand, if you were to remove all the drive components from the frame of the Ford pickup chassis, and add new drive components or rebuilt drive components from different vehicles, the vehicle would be a new vehicle and would have to be certified by you as complying with all applicable safety standards. 3. Kit cars. Under the National Traffic and Motor Vehicle Safety Act, a 'motor vehicle' is defined, in part, as one that is 'driven by mechanical power.' See 15 U.S.C. 1391(3). We have interpreted this provision to mean that a unit would be considered only an assemblage of motor vehicle equipment, and not a motor vehicle, until such time as a power source is added. None of the Federal motor vehicle safety standards apply to assemblages of motor vehicle equipment, or to used equipment items in the assemblage (items used on a vehicle previously in service on the public roads). However, certain of the safety standards would apply to new equipment items included in the assemblage. It would be a violation of Federal law if your kit car includes any new brake hoses, brake fluid, lighting equipment, tires, glazing, or seat belt assemblies that do not comply with the applicable safety standards. If you ship your kit cars with all parts needed to produce a completed motor vehicle, including the power source, this agency will treat the kit car as a motor vehicle, not an assemblage of motor vehicle equipment, regardless of the state of completion of the kit. You would be required to certify that the kit car conformed to all applicable safety standards if it were treated as a new vehicle under the rules set forth in 1. and 2. above, but not if it were treated as a used vehicle under those rules. I have enclosed for your information a general information sheet for manufacturers of new vehicles. This sheet highlights the relevant Federal statutes and regulations and explains how to obtain copies of them. I have also enclosed a brochure titled 'Federal Motor Vehicle Safety Standards' that briefly describes each of the safety standards. I hope this information is useful. If you have any further questions or need further information, please contact Dorothy Nakama of my staff at (202) 366- 2992. Sincerely, John Womack Acting Chief Counsel Enclosure";

ID: nht73-3.8

DATE: 01/04/73

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Toyo Kogyo USA

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of November 28, 1972, asking for an interpretation of S5.2 of Safety Standard No. 105a.

The transmission you describe has a separate park position, and this position must be engaged before the ignition key can be removed. We confirm that a vehicle equipped in this manner may meet the parking brake system requirements of S5.2.2 rather than those of S5.2.1.

As for your second question, a vehicle with a manual transmission that must be placed in reverse gear before the ignition key can be removed would also meet the requirements of paragraph S5.2.2.