ID: 19163.ztv

Mr. Fred Kelly
President
Hamsar Diversco Inc.
5320 Downey Street
Burlington, Ontario
Canada L7L 6M2

Dear Mr. Kelly:

This is our answer to your letter of November 12, 1998, to Taylor Vinson of this Office, as a followup to your phone conversation with him on lamps for vehicles equipped with snow plows. This letter also reflects your conversation with Mr. Vinson on December 2.

Our reply discusses your obligations as a Canadian-based manufacturer of motor vehicle equipment selling its product in the United States. We also discuss the obligations that arise on various persons when a snow plow is installed on a motor vehicle.

You wrote us that you "have sold approximately 2500 sets of lights that would not comply with the DOT regulations as far as the low beam, high beam, and park/turn photometric output are concerned," and you asked about your responsibilities on

December 2. We understand that all these lamps were sold to a single customer in the United States for retail sale under the customer's brand name.

The obligations under Federal law of a Canadian-based manufacturer of motor vehicle equipment selling its product in the United States.

We require manufacturers of motor vehicles and motor vehicle equipment based outside the United States to file a designation of agent for service of process through whom legal documents may be sent. In the December 2 phone call, we informed you that Hamsar Diversco, Inc., had not designated an agent, and that it must do so. I enclose a copy of 49 CFR Sec. 551.45 so that you may comply with this requirement at your earliest convenience.

Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment, applies to the lamps you sell. They are considered replacement headlamps, parking lamps, and turn signal lamps. As such, they must meet all applicable specifications of Standard No. 108, including photometric output. They must also be certified as meeting those requirements in order to be imported and sold in the United States. You have informed us that the lamps do not comply, but not whether the lamps have been certified as complying. Importation and sale of nonconforming and uncertified replacement lighting equipment is a violation of 49 U.S.C. 30112(a) for which a civil penalty may be imposed. This penalty may be as high as $1,100 for a single violation, and up to $880,000 for a related series of violations. The same penalties apply for lack of certification, or for certification that is false and misleading in a material respect.

When a manufacturer decides that a vehicle or equipment item fails to conform with an applicable standard such as Standard No. 108, 49 CFR Part 573, Defect and Noncompliance Reports the manufacturer must, pursuant to 49 U.S.C. 30118-30120, notify us within 5 days of its decision, and thereafter notify its customers and provide a free remedy for the noncompliance through repair, repurchase, or replacement with an equivalent conforming item. Hamsar Diversco is the fabricating manufacturer, but your customer, who we understand is the importer of the equipment, is also a "manufacturer," for purposes of notification and remedy, because the statutory definition of the term "manufacturer" includes those who import motor vehicle equipment for resale. With respect to vehicle equipment that is imported, either the fabricating manufacturer or the importer for resale must notify us, and that is considered notice by both (Sec. 573.3(b)).

After a person notifies us, that person then proceeds to notify owners and remedy the noncompliance as specified in 49 CFR Part 577, Defect and Noncompliance Notification. The manufacturer also has a continuing obligation to file quarterly reports on the progress of each recall campaign covering six calendar quarters after the campaign has begun.

The obligations under Federal law of the person who installs the snow plow.

As you and Mr. Vinson discussed in November, S5.3.1.1 of Standard No. 108, in essence, requires headlamps, parking lamps, and front turn signal lamps, as installed on a vehicle, to comply with visibility and photometric requirements specified in SAE materials that have been incorporated by reference in Standard No. 108. If a snow plow prevents any of these lamps from complying, an auxiliary lamp that complies must be provided. Although the lamps you have provided apparently do not comply, the discussion below assumes that the headlamps and other lamps comply with Standard No. 108.

Under our laws, a motor vehicle must continue to comply with Standard No. 108 when additional equipment that performs work is added to it. This requirement applies both when the plow is added by the time of the vehicle's initial sale (S5.3.1.1), and after it is sold (49 U.S.C. 30122).

If the plow is installed not later than the time of the initial sale, we regard the installer as an "alterer." A person who alters a new vehicle, other than by the addition of readily detachable components, must add its certification to the vehicle in the manner prescribed by 49 CFR 567.7, stating that the vehicle as altered continues to meet all applicable Federal motor vehicle safety standards. We do not regard a snow plow as a "readily detachable component" (this term includes mirrors and tire and rim assemblies). Thus, it is incumbent upon the installer of the plow to determine whether the vehicle will continue to comply with Standard No. 108 when the plow is installed. We believe that the lamps installed on the vehicle must continue to comply when the snow plow is in any position that may be used when the vehicle is in motion or signaling a turn.

If the plow is installed after sale by a manufacturer, distributor, dealer, or motor vehicle repair business, that person has the legal obligation under Sec. 30122 to ensure continued conformance with Standard No. 108 but is not required to certify compliance. However, Sec. 30122 imposes no obligation on an individual vehicle owner.

Whether lamps may be redundant

In your letter of November 12, you commented that "since the park/turn on the vehicle is fully functional and is not blocked by the addition of the snowplow, the vehicles park/turn is sufficient and the additional park/turn on the snowplow lamp is redundant."

Whether an additional parking/turn signal lamp is redundant, in our view, depends on the design of the vehicle and the potential positions of the plow. Assuming that you are manufacturing sets of lamps for universal application and not with respect to a particular motor vehicle, we believe that the set should include a parking/turn signal lamp that will meet Standard No. 108 when it is installed on the plow.

If you have any further questions, Taylor Vinson will be glad to answer them (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:108#573#577
d.1/22/99

ID: nht88-1.85

TYPE: INTERPRETATION-NHTSA

DATE: APRIL 5, 1988

FROM: FRANK V. TANZELLA -- TEK TRON, INC.

TO: OFFICE OF CHIEF COUNSEL -- NHTSA

TITLE: NONE

ATTACHMT: MEMO DATED 7-18-88, FROM ERIKA Z. JONES, TO FRANK V. TANZELLA, STD207, STD108 (A)(2)(N)

TEXT: I am currently involved as a sub-contractor for NYNEX Mobile Communications, in a project to install Credit Card Mobile Telephones into Taxi Cabs in the Boston, MA area. We have found in reviewing this project that it may be necessary to cut into the ba ck of the front seat in order to provide clearance for the phone. The enclosed sketch should clarify this.

Before proceeding with this, we would like to be informed about the applicable safety regulations governing the seat, so as to ensure that there are no violations of the regulations.

Would you please provide me with any safety regulation information which would govern this situation. In addition, I would appreciate information on any additional testing which may be necessary.

Please call me if there are any questions.

Enclosure

ID: nht87-1.66

TYPE: INTERPRETATION-NHTSA

DATE: 04/19/87

FROM: Erika Z. Jones -- NHTSA

TO: Jim Bates -- U.S. House of Representatives

TITLE: FMVSS INTERPRETATION

TEXT:

The Honorable Jim Bates United States House of Representatives 430 Davidson Street Suite A Chula Vista, CA 92010 Dear Mr. Bates:

This responds to your letter on behalf of a constituent, Tatar Osman. Mr. Osman was interested in learning how to get an "approval" for a child seat. According to advertising literature you enclosed with your letter, this child seat complies with the Eur opean ECE Regulation 44. I am pleased to have this opportunity to explain our regulations.

In enforcing its safety standards, this agency does not follow the European practice of requiring the manufacturer of motor vehicle equipment to deliver an item of the equipment to specified institutes for testing before the product can be sold. Instead, as required by the National Traffic and Motor Vehicle Safety Act, the manufacturer itself must certify that each of its items of motor vehicle equipment fully satisfies all requirements of the Applicable Federal motor vehicle standards. In the case of c hild seats, every child restraint system for use in motor vehicles that is sold in or imported into the United States must be certified as complying with Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems (49 CFR S571.213 (copy enclos ed). This standard sets forth both performance and labelling requirements that must be satisfied by the child restraint system.

Further, this agency does not require that the manufacturer's certification be based on a specified number of tests of the child restraint system or any tests at all. Pursuant to the Vehicle Safety Act, we only require that the certification be made with the exercise of due care on the part of the manufacturer. It is up to the individual manufacturer in the first instance to determine what data, test results, or other information it needs to enable it to certify that its child restraint system complies with Standard No. 213. We would certainly recommend, however, that a manufacturer selling its child restraint systems in the United States for the first time test those systems according to the test procedures specified in Standard No. 213. Once the manu facturer has determined that its child restraint system complies with the requirements of Standard No. 213, it certifies that compliance by placing a certification label on the child restraint, as specified in section S5.5 of Standard No. 213.

There are two additional regulations you should bring to the attention of your constituent in the even he plans to import these child restraints into the United States. Copies of both these regulations are enclosed for your information. The first is 49 C FR Part 566, Manufacturer Identification. This regulation requires a manufacturer (including importer) of motor vehicle equipment to submit its name, address, and a brief description of the equipment it manufactures (or imports) to this agency within 30 days of the date the child restraints are first manufactured (Imported into the United States).

The second regulation in 49 CFR Part 551, Procedural Rules. Section 551.45 requires the actual manufacturer of foreign-manufactured child restraints to designate a permanent resident of the United States as the manufacturer's agent for service of proce ss in this country. It is not necessary for an importer located within this country to designate its own agent as well. Part 551 specifies that the designation of agent by the manufacturer must contain the following six items of information:

1. A certification that the designation is valid in form and binding upon the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;

2. The full legal name, principal place of business, and mailing address of the manufacturer;

3. Marks, tradenames, or other designations of origin of any of the manufacturer's child restraint systems that do not bear its name;

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;

5. A declaration of acceptance duly signed by the agent appointed by the manufacturer, and that agent may be an individual, firm, or U.S. corporation; and

6. The full legal name and address of the designated agent.

Such a designation must be received by this agency before any of the manufacturer's child restraint systems are imported into this country.

Should you need further information on this subject, or a clarification of any of the information set forth herein, please do not hesitate to contact me.

Sincerely,

Erika Z. Jones Chief Counsel cc: Washington Office

March 4, 1987

Edward P. Harrill Congressional Relations Consumer Product Safety Commission 5401 Westbard Ave. Bethesda, MD 20207

Dear Mr. Harrill:

I was recently contacted by a constituent, Tatar Osman, regarding an approval for a babyseat, advertising attached.

I would greatly appreciate your looking into this matter and providing me with a reply so that I might properly respond to the inquiry. If you have any questions or require additional information, please do not hesitate to contact Marie Scharfenberg of m y district office at 691-1166.

Thank you for your assistance. Please respond to me at 430 Davidson St., Suite A, Chula Vista, CA 92010.

Sincerely, J.M. BATES Member of Congress Attachment (SEE HARD COPY FOR GRAPHIC PICTURES)

ID: 1983-1.21

TYPE: INTERPRETATION-NHTSA

DATE: 03/04/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: E- Z- Go Textron

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 4, 1983, telling of your wish to build a four-wheeled light weight traffic enforcement vehicle similar to a three-wheeled machine manufactured by Cushman. You have asked whether you have to meet passenger car safety standards "or can we obtain a waiver for this vehicle only to comply with motorcycle safety standards?" You have enclosed a brochure on the vehicle you propose to modify, Textron's GX-800.

I am sorry to say that only vehicles with three wheels or less are defined as "motorcycles" for purposes of compliance with the Federal motor vehicle safety standards. Years ago, the agency totally excluded from the application of those standards four-wheeled vehicles with a curb weitht of 1000 pounds or less such as the GX-800. However, that exclusion was terminated in the early 1970's.

A manufacturer of 10,000 vehicles or less per year may petition for a temporary exemption from any safety standard where immediate compliance would cause substantial economic hardship. However, he must make a good faith effort to bring the vehicle into compliance during the exemption period. Although this would appear impossible with your vehicle because of its physical limitations, the agency has in the past exempted replicas of 1900-style vehicles where full compliance was manifestly not feasible. I enclose a copy of Title 49 Code of Federal Regulations Part 555 which sets out the exemption procedures. If your planned vehicle would have a cargo box, similar to the one on the Cushman vehicle, your vehicle could be considered a "truck" for compliance purposes.

As a car or truck, your vehicle would also have to comply with Federal fuel economy and emissions standards. Exemptions from fuel economy standards may be sought under 49 CFR Part 525. As to the emissions standards, you should write the Environmental Protection Agency.

ENC.

February 4, 1983

Ed Glancy Office of Chief Council National Highway Traffic Safety Adm.

Dear Mr. Glancy:

I have proposed that E-Z-Go Division of Textron Inc. build and market a traffic enforcement vehicle similar to the Cushman police vehicle (see enclosure).

I also propose that this vehicle should be a four wheeled vehicle for greater stability rather than a three wheeled vehicle.

This vehicle would be a modification of one of our current vehicles with the addition of a cab, rear bed enclosure, four wheel brakes, hand parking brake, larger diameter "DOT" tire, complete "DOT" lighting package, windshield wipers, seat belts, and a top speed of 35 M.P.H. (see our brochure).

My question is: Do we have to comply with automobile safety standards or can we obtain a waiver for this vehicle only to comply with motorcycle safety standards?

This vehicle would be sold primarily to city governments.

Thank you very much for your attention to this proposal.

John C. Dobbs Project Engineer

EZ-GO TEXTRON

Police Vehicle GASOLINE/ON-ROAD *

To the police officer or security patrolman, productivity takes on a more significant meaning. To provide security, the patrol vehicle must not only save steps and work, but it must be reliable enough to assure that the officer is in the right place at the right time. It must be responsive, maneuverable, and easy to get in and out of.

That's why thousands of hardworking Cushman Police Vehicles are currently in use across the nation. Police Vehicles are a natural for sufficiently mobilizing the patrolman, marking tires, transporting emergency and or just providing weatherproof comfort for traffic control officers.

The tight 17-foot (5.2m) clearance circle and narrow 48" (1219mm) width allow the Police Vehicle-mounted officer to park and go places conventional vehicles could never go. It easily maneuvers in cramped quarters or congested traffic.

And the 18-hp air-cooled OMC engine is specially designed to handle a full day of demanding stop-and-go driving on regular gas.

There's a big 16-cubic-foot (0.45m(3)) cargo box for carrying traffic cones, warning signs or other law enforcement or first aid equipment. The power-assisted, lockable steel lid provides easy access to all enclosed contents. And there is additional open storage space between the box and the cab.

Even when the weather is bad, the Police Vehicle is ready. It has a big 15" (381 mm) wiper, an optional heater/defroster and optional cloth or lockable steel doors to provide operator visibility and comfort, even in cold climates.

The Police Vehicle comes in Police blue and white. For municipal, military or private security patrol, the Cushman Police Vehicle is the proven productivity booster. It makes the most of every manhour on any force.

(Graphics omitted) SPECIFICATIONS/MODEL 434 POLICE VEHICLE

STANDARD EQUIPMENT/DIMENSIONS/ACCESSORIES/MODIFICATIONS (Illegible Text)

** NOTE: This vehicle complies with U.S. Dept. of Transportation Motor Vehicle Safety Standards applicable to motorcycles. Operators should wear helmets which meet Motor Vehicle Safety Standard 218 and are marked with symbol "DOT" Certain states laws require wearing of helmets and special license for motorcycle operators.

Drawbar Pull

(Level Ground Maximum Speed 39 MPH) 4.2:1 Axle Ratio Speed Drawbar Speed Drawbar Engine MPH Lbs. km/h kg RPM 1st 1st 1st 1st 2000 39 430 143 195 2400 107 490 172 222 2800 124 425 200 193 3200 142 400 229 181 3600 160 360 257 163

(Maximum Speed 29 MPH) 6.5:1 Axle Ratio Speed Drawbar Speed Drawbar Engine MPH Lbs. km/h kg RPM 1st 1st 1st 1st 2000 54 500 103 272 2400 77 615 124 279 2800 89 595 143 270 3200 102 560 164 254 3600 115 500 185 227

Gradeability ** Gross Gross 4.2:1Axle 6.5 to 1 Axle Weight Weight Gradeability % Gradeability % Lbs. kg 1st 2nd 3rd 1st 2nd 3rd 1200 544 39 23 14 50 33 20 1300 590 36 21 13 50 30 18 1400 635 33 19 12 49 28 17 1500 680 31 18 11 46 26 16 1600 726 29 17 10 42 24 15 1700 771 27 16 10 40 23 14 1800 616 25 15 9 37 21 13 1900 562 24 14 9 35 20 12 2000 907 23 13 8 33 19 11 2100 953 22 12 8 31 18 10 2200 998 20 11 7 29 17 9

* Gross vehicle weight equals weight of the vehicle, plus operator, plus payload.

** Calculated equivalent based on available power efficiency and axle ratio.

(Graphics omitted)

THE E-Z-GO GX-800. THE LASTING IMPRESSION IT LEAVES WON'T BE ON YOUR TURF.

E-Z-GO introduces a new concept in landscape maintenance. The light-turf vehicle that's perfect when you need a utility car, and a truck is too much.

It's as strong as an ox, but gentle as a lamb.

The E-Z-GO GX-800 is the perfect utility vehicle for landscaping. It's light and gentle on your valuable grounds. Yet it's strong enough to carry loads, climb hills, and ride in bad weather. The body is constructed of Galvanneal, steel plating that's treated with rust preventive zinc Oxide. So they drive the fairway longer than any other utility vehicle. The chassis is welded high-yield tubular steel. It features a protective vinyl bumper strip, and a four-way diamond pattern treadplate design on the bed makes the GX-800 stronger all around. (Loadbed is not Galvannealed).

Put all your garden tools to bed.

The GX-800 has a 44" x 40" x 8" loadbed in the back that's deep enough to carry all your turf tools. It carries up to 800 lbs., and heavy duty springs and shocks make the ride smooth and comfortable, no matter how tough the rough. The loadbed tilts for complete access to drive package. And the sides and tailgate are easily removed.

This beast is a beauty on your budget.

You can afford three GX-800 vehicles for the price of one heavy-duty pickup truck. It's light enough so that it's economical on fuel and requires only standard maintenance. And it'll last years and years because it's engineered by E-Z-GO.

The GX-800 is suited for anything.

From the electronic ignition, to the dual rear brake, to the hypoid ring and pinion differential, the E-Z-GO GX-800 light turf vehicle is strong enough for any landscaping job. Yet it is light enough so it won't be a landscraper. It's perfect for golf courses, cemeteries, public parks, office grounds-keeping, or large, private residential landscaping.

The GX-800 is especially a utility runabout. It's a tremendous timesaver for the superintendant who has to get around the grounds to oversee his crew. It can take the shortest route to its destination. For more information, call your nearest E-Z-GO representative.

E-Z-GO GX-800 LIGHT TURF VEHICLE.

CHASSIS/POWERTRAIN SPECIFICATIONS.

Engine: 2 cycle, 244CC single cylinder air cooled, oil injected with electronic ignition. Drive Train/Transmission: Variable speed, fully automatic, forward and reverse. Torque Converter: Automatic, variable speed, dry type. Differential: Hypoid ring and pinion, 12.25 to 1 ratio.

Brakes: Mechanical, drum type, dual rear wheel brakes with over 47 square inches swept area. Foot operated parking brake with automatic release. Electrical System: External starter/generator, 12 volt negative ground system, with forward and reverse starting. Speed: Governed at 12 MPH, adjustable. Air Cleaner: Dry, replaceable cartridge. Carburetor: Fixed jet, float bowl with separate fuel pump. Suspension: Front: Heavy duty leaf springs with shocks. Rear: Heavy duty coil springs with heavy duty shocks. Steering: Rack and pinion. Fuel System: 6 gallon capacity. DIMENSIONAL SPECIFICATIONS. Weight: 810 lbs, dry. Fuel capacity 42 lbs. Length: 106 inches. Width: 48 inches (at rear wheels). Height: 47 inches (at steering wheel). Floor Height: 11 inches. Load Bed Height: 24 inches. Ground Clearance: 5 inches (at differential). Seat Height: 29 inches. Wheel Base: 71 inches. Front Tread Centers: 32-1/2 inches.

Rear Tread Centers: 39 inches. Turning Clearance Diameter: 23 feet Tires: 18 X 8:50 X 8 Softrac. Load Capacity: 800 lbs. (including operator and passenger). Load Bed Size: 44 inches wide, 40 inches long, 8 inches deep. Capacity: 8 cubic feet. FEATURES AND OPTIONS. Features: 1. Load Bed: Tilts for complete access to drive package. Removeable sides and tailgate. 2. Chassis: Welded high yield tubular steel. 3. Body: Galvanneal body and heavy duty four-way diamond pattern treadplate truck bed. 4. Body Protection: Wrap-around vinyl bumper/rub strip, chrome front bumper, and flexible rear fenders. 5. Battery: Delco Freedom II, maintenance free. 6. Safety: Key switch and electric horn. OPTIONS: Lighting Package Chrome Hubcaps Hour Meter Turn Signals Specifications subject to change without notice.

ID: Wheelchair_ramp

Mr. Paul Collett
Liberty Motor Company Inc.
2390 South Service Road West
Oakville, Ontario
Canada, L6L 5M9




Dear Mr. Collett:

This responds to your letter and phone inquiry in which you asked several questions concerning the applicability of Federal Motor Vehicle Safety Standard (FMVSS) No. 206, Door locks and door retention components, to the modification of a vehicle to accommodate a wheelchair ramp. You first asked if a door latch assembly you described would comply with FMVSS No. 206. You then asked a series of questions based on a comparison of the door system you described and other door assembly designs. I have addressed your questions below.

In a conversation with Mr. Chris Calamita of my staff you stated that your company, Liberty Motor Company Inc. (Liberty), installs wheelchair ramps onto the back doors of minivans. Prior to installation of a ramp, you stated that the minivans typically have a "rear tailgate door with hinges at the top" and a single latch system located at the center of the bottom edge of the door. You explained that the installation requires lowering of the vehicle floor and the attachment of a folding ramp. As described in your letter, when the ramp is stowed it acts to "seal the door opening between the bottom of the closed tailgate door and the lowered floor".You further explained that the latch and striker of the original vehicle is removed and reinstalled onto the ramp so that when the back door is closed it latches to the stowed ramp.

You raised a variety of issues related to this type of modification. We have read your letter as requesting a response on two main issues: (1) is such a modification compliant with FMVSS No. 206, and (2) would such a modification result in a door system analogous to a cargo-door or "double side door" for purposes of the standard?

By way of background, the National Highway Traffic Safety Administration does not approve or certify any motor vehicle or modification of a motor vehicle. Instead, 49 U.S.C. 30115 establishes a "self- certification" process under which each manufacturer is responsible for certifying that its products meet all applicable FMVSSs. Generally, FMVSSs apply to motor vehicles up to their first sale for purposes other than resale (first retail sale). See 49 CFR 30112. After the first retail sale of a vehicle, manufacturers, distributors, dealers, and repair businesses are prohibited from "making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard (49 U.S.C. 30122; "make inoperative" provision).

1. Compliance with FMVSS No. 206

In equipping a vehicle with a wheelchair ramp your company would have to ensure that the modification did not take the vehicle out of compliance with all applicable FMVSSs, including FMVSS No. 206. S4.4 of FMVSS No. 206 specifies the requirements for hinged back doors. Each hinged back door system must be equipped with at least one primary latch and striker assembly as defined by the standard. The primary latch and striker assembly must not separate when subjected to the specified forces applied in the specified directions.

Another important standard to consider is FMVSS No. 214, Side impact protection. FMVSS No. 214 specifies safety requirements for vehicles subjected to impact by a moving deformable barrier at 33.5 mph. S5.3.2 of that standard specifies that any door (including a rear hatchback or tailgate), which is not struck by the barrier must not disengage from the latched position, must not have its latch separate from the striker, and must not have hinged components separate from each other or from their attachment to the vehicle. The latches and hinge systems of unstruck doors must not pull out of their anchorages.

The primary latch and striker provided by the original manufacturer must continue to meet these requirements as re-installed. However, nothing in our standards would expressly prohibit a design such as you described.

We note that on December 15, 2004, NHTSA published a notice of proposed rulemaking to update requirements and test procedures specified in the standard (69 FR 75021). If adopted, the proposal would add requirements and test procedures for sliding doors, add secondary latch position requirements for doors other than hinged side doors and back doors, provide a new test procedure for assessing inertial forces, and extend the application of the standard to buses with a gross vehicle weight rating of less than 10,000 pounds.

2. Similar Door Systems

You asked a series of questions based on the premise that the back door as modified would be analogous to a cargo-type door or a "[double] side door as found on some extended cab pick-up trucks. " We do not agree that the rear door / ramp system you described would be analogous to either of these door systems for the purposes of FMVSS No. 206.

FMVSS No. 206 defines a cargo-type door as:

[A] door designed primarily to accommodate cargo loading including, but not limited to, a two-part door that latches to itself.

Cargo-type doors are subject to more abbreviated standards than hinged back doors.

Contrary to the definition of "cargo-type doors", your door system is designed primarily to permit wheelchair occupants to enter and exit a vehicle. Further, in extending FMVSS No. 206 to hinged back doors, we rejected the idea of treating hinged back doors as cargo-type doors (60 FR 50124; September 28, 1995). The intent of S4.4 is to prevent the back door ejection of occupants by ensuring the integrity of latch/striker and hinge systems of back doors to reduce the incidence of unintended back door opening (60 FR at 50128).

The "double side door" systems described in your letter are located on the side of a vehicle and are therefore subject to the requirements applicable to hinged side doors. The door / ramp system described in your letter is located at the back of a vehicle and is therefore subject to the hinged back door requirements.

FMVSS No. 206 defines "back door" in part as:

[A] door or door system on the back end of a motor vehicle through which passengers can enter or depart the vehicle, or cargo can be loaded or unloaded[.] (Emphasis added. )

The portion of the ramp that acts to secure the back opening would be considered part of the back door system. Therefore, the system described in your letter would be a "hinged back door" for the purpose of FMVSS No. 206.

I hope you find this information helpful. If you have any additional questions please contact Mr. Chris Calamita of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:206
d.2/24/05

ID: nht73-1.49

DATE: 08/30/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Physicians for Automotive Safety

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of July 12, 1973, concerning children's car harnesses and car seats.

In response to your inquiry about the "Auto-babe" car harness, it is our opinion that the harness is a Type III seat belt assembly under Standard No. 209 and we presently are investigating the product as an apparent noncompliance with the standard.

The next stage in the rulemaking on child restraints will be reached this fall with a notice of proposed rulemaking on dynamic test requirements. We will be interested to have your comments on this proposal when it is issued.

Yours truly,

PHYSICIANS FOR AUTOMOTIVE SAFETY

July 12, 1973

James Wilson -- Acting Administrator, NHTSA, U.S. Dept. of Transportation

Dear Mr. Wilson:

I am enclosing a brochure describing a child auto harness, and would very much like to know 1. does the device meet requirements of Standard 209, Type II, and 2. if not, what action will be taken to prevent manufacture of the device and recall of those still in the stores.

I should also like to receive information with respect to the date a proposal for the upgrading of Standard 213 can be expected.

Your help in this matter would be very much appreciated.

Sincerely,

Seymour Charles, M.D.

President

Enclosure

(Graphics omitted)

ID: nht72-3.34

DATE: 05/03/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Volkswagen of American, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of April 10, 1972, on the subject of the label required by Standard 207 to be affixed to a seat that is not intended for use while the vehicle is in motion.

Although S4.4 of Standard 207 does not require the warning to be verbal, it is our impression that the concept is difficult to convey by nonverbal symbols. A quick review of personnel in the NHTSA revealed that most of them were familiar enough with the international sign system to know that something was being forbidden, but were unsure as to what the forbidden act was. Of the two symbols, the one showing the vehicle in motion appeared to be more understandable, but not by much.

It is our conclusion that neither of the symbols is adequate to give the warning intended by S4.4. This is not to say that the symbols would not be adequate in other countries whose citizens are more familiar with symbolic labeling. I might add that the label need not contain the exact words of the standard. It would be acceptable, for example, to say "Do not ride in this seat," if you find that shortening the phrase would make the label less cumbersome.

ID: 20592.ztv

Mr. John Harland
HarLand Rover Restorations
6-8 Mary St.
Stockton-on-Tees
Cleveland TS18 4AN
England

Fax 011-44-1642-649-688

Dear Mr. Harland:

We are responding to your request for an interpretation, addressed to Taylor Vinson of this Office, which we received on September 2, 1999.

We understand that the U.S. Customs Service will not allow entry into the United States of four Land Rover motor vehicles pursuant to the declaration that "the vehicle is 25 or more years old." You assert that these Land Rovers are restorations of vehicles that are more than 25 years old, and should be allowed entry under this declaration without the need to comply with the Federal motor vehicle safety standards. We note that such an entry is permitted by 49 U.S.C. Chapter 301, specifically by sec. 30112(b)(9).

Although you describe your modifications as "restorations," the question that we must decide is whether you are, in fact, restoring a motor vehicle that is 25 or more years old, or whether your operations go beyond restoration and must be regarded as assembling or manufacturing a motor vehicle; if the latter, then the vehicles can be imported only if they comply with Federal motor vehicle safety standards that apply to them on the date of their assembly or manufacture.

There is no definition of "restoration" in Chapter 301. This word is defined by the Random House Compact Unabridged Dictionary (Special Second Edition, 1996) as "3. A return of something to a former, original, normal, or unimpaired condition." We believe that this is a generally accepted use of the word, especially as it pertains to the restoration of motor vehicles.

You have listed the items retained from the original vehicle, noting that "some were repaired, some were modified to accept accessories, all were stripped and refinished to as new condition." Original items retained are: "rear bodies, rear side panels with windows, all floors, side T-frames, bulkhead assembly, side rear doors (modified to accept modern door locks), front, top and side fenders, seat frames and cushions (retrimmed), seatbase with all bracketing, rear door (complete), all sill panels, transmission tunnel assembly" and "numerous smaller components; wiper motor assembly, fuel tanks and filler assemblies, heater assembly, steering rods, bumpers, headlight assemblies, hinges, brackets for body mount, crossmembers, various interior and exterior bracketry." You also retain "original VIN plates."

Other items of equipment are used, and come from Land Rovers whose ages are not specified as being over 25 years old. These are: "frames, axle casings, engine core units (on three vehicles), bonnets (on three), fender flares, radiator front panels (on three), steering boxes (to switch to safer LHD)."

Finally, there are the equipment items that are new and have not been used before: "signal light assemblies, stereo and speakers, batteries, electric window kits, air-conditioning kits (NAS kits approved for use in the US), mudflaps, side runners, winches (on two), bull bars (on two), skid plates, wheels and tires, springs and shock absorber kits, driving lights (on three), seatbelt shoulder harnesses, engine rebuilding parts, axle and steering rebuilding parts, wiring harness for interior, carpeting and soundproofing kits."

After reviewing these facts, we have concluded that your operations do not result in a return of these motor vehicles "to a former, original, normal, or unimpaired condition" within the meaning of the definition of "restoration." There are significant differences between the vehicles that come to you and those that leave you. The original vehicles were equipped with RHD (right hand drive) which you have converted to LHD (left hand drive). You appear to have added air-conditioning intended specifically for use in the United States, electric windows, and stereos and speakers, none of which were original equipment on the Land Rovers. For these reasons, we cannot accept your assertion that you are merely restoring Land Rovers that are 25 or more years old.

Instead, we have concluded that you are a "manufacturer" within the meaning of 49 U.S.C. Chapter 301. In pertinent part, a "manufacturer" is a person "manufacturing or assembling motor vehicles" (49 U.S.C. 30102(a)(5)(A)). The extent of disassembly of the original vehicle, the substitution of equipment not used in the original vehicle such as the engine and frame, and reassembly with certain items of new equipment is "manufacturing or assembling" within the meaning of the definition of "manufacturer." It follows from this that we regard the date of manufacture of your Land Rovers as the date that you complete the operations you have described in your letter. In short, though the original Land Rover may have been manufactured in 1974 or earlier, the vehicles refused entry into the United States are considered to have been manufactured in 1999.

This conclusion also means that these (and future) Land Rovers cannot be entered into the United States unless and until they conform and are certified as conforming to current Federal motor vehicle safety standards that apply to multipurpose passenger vehicles. You cite an agency interpretation stating that a vehicle that is produced from a chassis which has already been sold to the public is not considered a new vehicle and is not subject to Federal safety standards and certification requirements. This interpretation does not apply to your fact situation, and we do not need to decide whether the Land Rovers you manufacture in 1999 employing a used chassis are or are not "used" vehicles. Under Chapter 301, no motor vehicle less than 25 years old, whether new or used, can be imported into the United States unless it conforms, and is certified as conforming, to the Federal safety standards that were in effect at the time it was manufactured (49 U.S.C. 30112(a)).

As the United States is a market of interest to you, the agency's Office of Vehicle Safety Compliance will be pleased to provide you with guidance on the requirements of Chapter 301 and other Federal regulations that apply. You may write its Director, Ms. Marilynne Jacobs, for assistance.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:591
d.9/29/99

ID: nht72-3.50

DATE: 11/27/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

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

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of October 2, 1972, concerning the requirements applicable to a seat belt installed as part of a restraint system conforming to S4.1.2.3 of Standard 208.

You are correct in reading S4.1.2.3 to provide that a seat belt capable of meeting the injury criteria of Standard 208 is not required to meet Standard 209 except as provided in S7.1 and S7.2 of Standard 208.

We have under consideration a petition from the Japan Automobile Manufacturers Association to amend Standard 209 to reflect the exemption made in Standard 208. The agency's response to the petition will be issued shortly.

ID: 1930y

Mr. Ted Aston
3218 Sheffield Place
Concord, CA 94518

Dear Mr. Aston:

This is in reply to your letter with respect to your wish to import motor vehicle parts from England, to be used in the construction of a kit car for your own use. I regret the delay in responding.

You have informed us that you are not importing parts controlled by the Federal motor vehicle safety standards, such as "lights, tires, brake hoses, glazing materials," or "the engine, transmission, wheels, instruments, and miscellaneous items that are readily available here". Instead, you will be importing "body parts, frame parts, suspension and some steering parts, some electrical parts and the gas tank."

From your description, we believe that your intention is to import motor vehicle equipment and not a motor vehicle. The only items of motor vehicle equipment which are covered by the Federal motor vehicle safety standards, and hence must comply or be brought into compliance with those standards are: brake hoses, brake fluid, lighting and reflective devices, passenger car tires, retreaded tires, tires and rims for vehicles other than passenger cars, wheel covers, warning devices, glazing, seat belt assemblies, and child seating systems. If the motor vehicle equipment you are importing includes none of these items, then the equipment may be entered without the necessity of giving a bond for the production of a statement that it has been brought into compliance.

I hope that this letter is helpful to you.

Sincerely,

Stephen P. Wood Acting Chief Counsel

ref:VSA d:8/7/89