ID: nht67-1.27

DATE: 06/13/67

FROM: AUTHOR UNAVAILABLE; George C. Nield; NHTSA

TO: Texas Department of Public Safety

TITLE: FMVSS INTERPRETATION

TEXT: Mr. Arnold Wise has asked that I answer your letter of April 14, 1967, concerning a clarification of several requirements of Motor Vehicle Safety Standards 207, 208, and 209.

I am enclosing copies of the Federal Register of August 31, 1966, and February 3, 1967, which provide all of the information which you require. You will note that Standard No. 207 is concerned with the anchorage of the seats - not seat belts. Standard No. 208 requires seat belts in all passenger cars manufactured after January 1, 1968. In a regular size, four door, sedan-type vehicle with regular undivided seats, six lap belts would be required and, in addition, upper torso restraints would be required in the front outboard seats if the windshield header is in the head impact area.

The installation of seat belts in other than passenger cars is not required by the initial standards. However, any seat belts that are manufactured after March 1, 1967, must conform to the requirements of Motor Vehicle Safety Standard No. 209.

Your interest in the traffic safety program of this Bureau is appreciated.

ID: aiam4302

Dear Mr. Dannemeyer: Thank your(sic) for your letter to Mr. Babbitt, our Director o Congressional Affairs, on behalf of your constituent, Mr. Ed Money. Mr. Money recently imported a shipment of 'spinner hubcaps' from Taiwan. These hubcaps were seized by the U.S. Customs Service for failing to conform with the requirements of Federal Motor Vehicle Safety Standard No. 211, *Wheel Nuts, Wheel Discs, and Hubcaps* (49 CFR S571.211). You stated that it was your understanding that Standard No. 211 applies only to vehicle manufacturers and not to aftermarket parts dealers, and that the Customs Service had erroneously applied Standard No. 211 to the products you(sic) constitutent(sic) intended to import. Accordingly, you asked that we review the requirements of Standard No. 211 and state whether those requirements apply to 'anyone other than a manufacturer of automobiles'.; After carefully reviewing the language of Standard No. 211 and ever prior interpretation of the standard, we have concluded that the Customs Service correctly applied Standard No. 211 to Mr. Money's hubcaps. Section S2 of Standard No. 211 specifies that, 'This standard applies to passenger cars, multipurpose passenger vehicles, *and passenger car and multipurpose passenger vehicle equipment*.' (Emphasis added) This language means that the standard applies to all wheel nuts, wheel discs and hubcaps for use on passenger cars or multipurpose passenger vehicles, regardless of whether the part is to be used as original equipment or as a replacement part. This meaning has long been affirmed in this agency's letters of interpretation. We explained the application of Standard No. 211 in letter of May 8, 1967, to Mr. Earl Kinter, and May 10, 1967, to Mr. Harold Halfpenny. I have enclosed copies of both these previous interpretations for your information. These letter are still accurate expressions of the agency's opinion on this question.; Standard No. 211, which was one of the original Federal motor vehicl safety standards, became effective on January 1, 1968. As of that date, section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act 15 U.S.C. 1397(a)(1)(A) made it illegal to 'manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or *import into the Untied States'* any 'spinner hubcaps' (Emphasis added). Therefore, we believe the U.S. Customs Service was enforcing the law properly when it seized the hubcaps Mr. Money sought to import.; You enclosed with your letter advertisements from several othe aftermarket parts suppliers offering spinner hubcaps for sale. Our enforcement personnel will investigate each of those suppliers and take appropriate actions if their hubcaps violate Standard No. 211; I hope this information clarifies the law on this subject. If you hav any further questions or need more information, please do not hesitate to contact me.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam3020

Dear Mr. Cordner: This is in response to your letter of April 23, 1979, in which yo requested the agency's opinion whether a four-wheel drive hatchback sedan could be classified as a multi- purpose passenger vehicle (MPV).; As was stated by Eileen Leahy of my staff in telephone conversation regarding your request, the agency cannot give an opinion regarding this vehicle's classification for purposes of compliance with Federal Motor Vehicle Safety Standards without knowing whether the vehicle has any special features for off-road use other than four-wheel drive. An MPV is defined in 49 CFR S 571.3(b) as 'a motor vehicle with motor power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.' Since the vehicle you describe is not constructed on a truck chassis, it must have 'special features for occasional off-road operation' in order to qualify as an MPV. The agency interprets this language as requiring that the vehicle contain more than a single feature designed for off-road use. This interpretation is based on the use of the word 'features' in the plural rather than the singular in the definition, and on the fact that a vehicle's total design determines its likely use. Four-wheel drive would be useful in snow on public streets, roads and highways, so this feature cannot be determinative of the vehicle's classification if there are no features for off-road use.; Also, the agency is reluctant to exempt a vehicle from compliance wit any of its safety standards purely on the grounds that it is equipped with four-wheel drive. There is little likelihood that a vehicle that is identical to a passenger car in every other respect will be used differently than other passenger cars. Under these circumstances, the agency sees no reason for treating such vehicles any differently from other passenger cars with respect to the applicability of safety standards.; Therefore, unless you can provide us with additional informatio (including, but not limited to, pictures or drawings of the vehicle) concerning other special features of this vehicle that would make it suitable for off-road operation, the agency cannot concur with the opinion expressed in your letter that this vehicle should be classified as a multipurpose vehicle for purposes of compliance with Federal motor vehicle safety standards. Also, I would refer you to 49 CFR S 523.5(b)(2) for a description of some of the characteristics that would be considered as 'special features for off-road operation' although that section relates primarily to fuel economy.; If you will provide us with additional information, we will be happy t offer a final opinion.; Sincerely, Frank Berndt, Acting Chief Counsel

ID: aiam4394

Dear Mr. Pape: This is in reply to your letter of August 22, 1987, to Taylor Vinson o this office, enclosing a copy of your letter to George Walton of AAMVA. In that letter you have asked three questions with reference to the center highmounted stop lamp required by Federal Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*, to which you have asked that we reply.; Your first question is 'May one word be introduced on the brake light? Standard No. 108 prohibits combining the center highmounted stop lamp with any other lamp, or with any reflective device. It does not prohibit the addition of one or more words to the lens. However, there are basic requirements that the lamp must meet, and the word or words must not prevent the lamp from meeting them. Specifically, the effective projected luminous area of the lens must not be less than 4 1/2 square inches, and the lamp must meet specified candela maxima and minima at 13 discrete test points.; Your second area of interest is the color red. You have asked whethe it is a Federal requirement for all brake lamps, whether other colors may be substituted, and whether the color red may be adjusted to a lighter hue. Standard No. 108 requires all stop lamps to be red in color. This color is defined in SAE Standard J578c *Color Specification for Electric Signal Lighting Devices*, February 1977, expressing chromaticity coordinates according to the CIE (1931) standard colorimetric system. Red is rather narrowly defined, and falls with the y coordinates, 0.33 (yellow boundary) and 0.98 (purple boundary). Red is not acceptable if its is less saturated (paler), yellower, or bluer than the limit standards. Thus red could not be adjusted beyond the prescribed limits. In our opinion, the 'soft pink' or 'hot pink' that you believe is desirable would be beyond those limits. No color other than red is permitted for stop lamps.; Your final area of interest is whether one should consider marketing lamp with the features you have indicated, and whether there are 'hidden directives which would restrict or prohibit such marketing.' Under assumption that your lamp would not comply with the color requirements of Standard No. 108, we must advise you that a noncomplying lamp could not be sold as original equipment for passenger cars, or as a replacement for center high mounted stop lamps on passenger cars manufactured on or after September 1, 1985. Federal law would not prohibit its sale for use on vehicles other than these, but the lamp would be subject to the laws of any State in which it would be sold and used.; I hope that this answers your questions. Sincerely, Erika Z. Jones, Chief Counsel

ID: nht74-2.34

DATE: 02/15/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Busby Rivkin Sherman Levy and Rehm

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of December 13, 1973, asking whether glazing in the rear quarter windows of the Datsun model HLB-210 may, consistently with Motor Vehicle Safety Standard No. 205, be manufactured of AS 3 glazing material. This depends, as you point out, on whether this glazing is used "at levels requisite for driving visibility" under American National Standards Institute Standard ANS Z26.1-1966, incorporated into Standard No. 205. You refer in your letter to section 1017(a) of the California Vehicle Code which states:

Side windows to the rear of the driver and the rear windows not used for vision directly to the rear are not considered areas requisite for driving visibility.

The locations where the use of AS 3 glazing is permitted are set forth on page 12 of ANS Z26. AS 3 glazing may be used, "anywhere in a motor vehicle except in passenger car windshields and in the following locations at levels requisite for driving visibility . . . . (2) Passenger automobiles and taxicabs. Glazing of all windows including rear window, all interior partitions, and all apertures created for window purpose. (emphasis added)

The only exclusion from the broad prohibition against the use of AS3 glazing in passenger cars is "at levels not requisite for driving visibility." We do not agree with the California Code provision. We consider the word "levels" in Standard 205 to mean vertical heights in relation to the driver's eyes. We, therefore, cannot concur in the application of the "levels requisite for driving visibility" concept as it appears in Standard No. 205 to complete windows or other glazing areas of passenger cars.

With respect to the Datsun model in question, there is no evidence in your letter that the windows in question are not at a level requisite for driving visibility. In fact, they appear to include levels of a driver's normal eye point.

The NHTSA presently hopes to publish a revised notice of proposed rulemaking regarding direct fields of view in the fall of 1974. Previous proposals regarding this subject were withdrawn by notice published March 7, 1973 (38 FR 6194).

Yours truly,

ATTACH.

December 13, 1973

Guy Hunter -- Motor Vehicle Programs, National Highway Traffic Safety Administration Dear Mr. Hunter:

This will confirm our conversation of December 7, 1973 relative to the specification of "levels requisite for driver vision" in the ANSI Standard referenced in Federal Motor Vehicle Safety Standard No. 205.

Specifically, we would like your assurance that the guidance provided in the enclosed California Highway Patrol Regulations is in agreement with your interpretation of the Federal Motor Vehicle Safety Standard requirements. As marked, the California regulations permit the use of AS-3 glass in side windows to the rear of the driver (rear quarter windows).

Further, we would appreciate any indication from you regarding the timing of the proposed rule making on "direct fields of view", which we presume would establish precise future requirements for the location and light transmittance of motor vehicle glazing.

Our interest in this matter arises from the newly introduced model Datsun HLB-210 of our client, Nissan Motor Company. This vehicle has a small fixed pane of AS-3 glazing in what would otherwise be a solid rear quarter panel. I am enclosing a picture of this vehicle.

Respectfully submitted,

BUSBY RIVKIN SHERMAN LEVY and REHM;

George C. Nield -- Engineering Advisor

Enclosures

STATE OF CALIFORNIA

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL P. O. Box 898 Sacramento 95804

ORDER ADOPTING, AMENDING, OR REPEALING REGULATIONS OF THE DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL

After proceedings had in accordance with the provisions of the Administrative Procedure Act (Gov. Code, Title 2, Div. 3, Part 1, Chapter 4.5) and pursuant to the authority vested by Section 2402 of the Vehicle Code, and to implement, interpret or make specific Sections 2402.5, 26106 and 26704 of the Vehicle Code, the Department of the California Highway Patrol hereby adopts, amends, or repeals regulations in Chapter 2, Title 13, California Administrative Code as follows:

(1) Repeals Article 7 of Subchapter 4

(2) Adopts Article 7 of Subchapter 4 to read:

Article 7. Safety Glazing Material

1010. Scope of Regulations. This article shall apply to safety glazing material governed by Sections 535, 26701, 26703, 26704, and 26705 of the Vehicle Code and required to be approved before sale or use.

1011. Definitions. The following definitions shall apply wherever the terms are used in this article:

(a) Safety Glazing Material. Safety glazing material is any glazing material so constructed, treated, or combined with other materials as to reduce, in comparison with ordinary sheet, plate, or float glass, the likelihood of injury to persons by glazing material whether it may be broken or unbroken.

(b) Areas Requisite for Driving Visibility. "Areas requisite for driving visibility" are glazed areas at levels established in Section 1017 of this code for the windshield, the windows and in Section 1017 of this code for the windshield, the windows and wind deflectors to the right and left of the driver, and the rear window, except for rear windows on vehicles equipped with left- and right-hand mirrors.

(c) Daylight Opening. The "daylight opening" is the maximum area of unobstructed visibility in the glazed window.

(d) Camper. A camper is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes.

(e) ANSI Standard. An ANSI Standard is a standard issued by the American National Standards Institute, formerly referred to as ASA, American Standards Association, and USASI, United States of America Standards Institute.

(f) Approved Laboratory. An approved laboratory is a laboratory which has facilities and equipment for testing glazing material to ANSI Standards and has been approved by the department in accordance with the provisions of Sections 850 through 859 of this code.

1012. Application for Approval. Requests for approval or reapproval of safety glazing material shall be submitted on forms provided by the department, shall be accompanied by the items specified in following subsections (a) or (b), and (c) and (d), and shall be sent to the following address:

California Highway Patrol Engineering Section P. O. Box 898 Sacramento, California 95804

(a) Test Reports. Test reports shall be those issued by a laboratory approved by the department in accordance with Sections 350 through 859 of the code. Reports shall show compliance with Section 1015 of the code and shall contain at least the following information:

(1) Thickness of samples tested

(2) Color, shade, or tint of samples tested

(3) Size and spacing of conductor, size of bus bar, and spacing from periphery of glass, when electrical conductors are used

(4) A reproduction of the identification markings used on the material required by Section 1014 of this code

(5) Detailed results of each test required by ANSI Standard Z26.1-1966 (6) Date of test completion.

(b) Comparison Reports. Comparison reports shall include the following items:

(1) Copy of original test report for previously approved glazing material

(2) Written statement from the original manufacturer of the material authorizing its use by the applicant under a new identification marking

(3) Addendum to the original test report stating that "The new material is identical in every respect to the original material tested with the exception of the marks of identification. The old marks of identification are and the new marks of identification are ." This statement shall be signed by a representative of the approved laboratory.

(c) Identification Markings. One actual size reproduction of the identification markings used on the glazing material shall be reproduced in black on white paper and submitted with the application.

(d) Samples of Material. Samples of material shall be furnished as follows:

(1) One 2-inch or larger square sample of each color, tint, or shade of plastic glazing material bearing the required identification markings

(2) One 4-inch square sample of any glass containing an electrical conductor and bearing the required identification markings.

1013. Approval of Safety Glazing Material. Safety glazing material shall be approved as follows:

(a) Certificates of Approval. Certificates of approval for glazing material issued between January 1 and June 30, inclusive, shall expire on July 1, five years after the date of the test report. Certificates issued between July 1 and December 31, inclusive, shall expire on January 1, five years after the date of the test report. Certificates issued for a limited term of less than five years shall expire on the date shown on the certificate.

(b) Approval by Comparison. Certificates of approval for glazing material approved on the basis of a comparison report shall have the same expiration date as the certificate for (Illegible Words) glazing material.

(c) Reapproval. Reapproval certificates shall expire five years from the dates of the laboratory reports.

(d) Noncurrent Safety Glazing Material. Noncurrent glazing material for which the certificate has expired may continue to be used on the motor vehicle or camper on which it was installed at the time of expiration and may be transferred between vehicles or campers. Stock on hand in California may continue to be sold for two years after the expiration date of the certificate. Replonishment of stock with material for which the certificate has expired is prohibited.

1014. Identification Markings. Each piece of safety glazing material shall be permanently marked so as to be visible and legible when installed on a vehicle or camper.

(a) Name and Model Designation. Markings shall include the following information:

(1) The manufacturer's name, initials, lettered trademark, or United States Department of Transportation (DOT) assigned code number, which shall be clearly different from those of other manufacturers

(2) The letter "M" followed by the manufacturer's model number for each different type, thickness, color tint, shade, or construction of the material

(3) The letters "AS" followed by the item number in the ANSI Standard with which the material complies, such as ASI or AS2.

(b) Recommended Format. Glazing material submitted for approval on or after September 1, 1970, should have the markings required by subsection (a) arranged so that the manufacturer's name, initials, lettered trademark, or DOT code number and the model number appear in succession on a single line below the trade symbol with no other markings except the "AS" designation on the same line. The following examples illustrate acceptable format:

(Graphics omitted)

(c) Shaded Areas. Shaded areas of less than 70 percent light transmittance which adjoin areas of 70 percent or more light transmittance shall be marked "AVS1" or "AIllegibleS2" at the dividing line. The arrow shall indicate which portion of the material complies with the item number shown.

(d) Size of Markings. The markings required in subsections (a) and (c) shall be in letters and numbers at least 0.070 inch in height. Additional markings may be of any height, shall be immediately above the required markings, and may be changed without notification to the department provided no change is made in the glazing material.

1015. Applicable Safety Glazing Material Standards. Safety glazing material shall meet Federal Motor Vehicle Safety Standard No. 205 and requirements of ANSI Standard Z26.1-1966.

1016. Electrical Conductors. Heating elements used for doing fogging and deicing, and wire and printed conductors used for other purposes manufactured in safety glazing material are acceptable for use in areas requisite for driving visibility in accordance with the following guidelines:

(a) Wire and Printed Conductors in Material Marked AS1. Heated wire conductors in material marked AS1 should not exceed 0.001 inch in diameter, should not be spaced closer than 0.040 inch or further apart than 0.150 inch, and the bus bar which connects the ends should be within 0.5 inch of the periphery of the daylight opening. The diameter of conductors used for other purposes should not exceed 0.010 inch for wire or 0.020 inch in width for printed types. Only one such conductor should be placed within 2 inches of and generally parallel to the periphery of the daylight opening; and not more than two should be centered vertically in the glazing material and spaced not more than 2 inches apart.

(b) Wire Conductors in Material Marked AS2. Wire conductors in material marked ASE should either meet A31 requirements in preceding subsection (a), or they should not exceed 0.0015 inch in diameter nor be spaced closer than 0.080 inch. The bus bar connecting the ends of the conductors should be within 0.5 inch of the periphery of the daylight opening.

(c) Printed Conductors on Material Marked AS2. Printed conductors on glazing material marked AS2 should not be more than 0.040 inch in width nor spaced closer than 0.900 inch. The bus bar connecting the ends of the conductors should be within 0.5 inch of the periphery of the daylight opening.

1017 Determination of Areas Regisite for Driving Visibility. The following methods for determining the levels of glazed areas requisite for driving visibility are recommended and considered acceptable until such time as a Federal Motor Vehicle Safety Standard defining the levels becomes effective:

(a) Levels. The established levels requisite for driving visibility include all levels below a horizontal plane 28 inches above the undepressed driver's seat for passenger cars, and 30 1/2 inches for other motor vehicles, except as specified in following subsections (b), (c), and (d). Measurements are made from a point 5.0 inches ahead of the bottom of the backrest and directly behind the center of the steering wheel, with the driver's seat in the rearmost and lowest position and the vehicle on a level surface. Areas requisite for driving visibility include all glazed areas below this plane and all of the glazed area of windows capable of being lowered. Side windows to the rear of the driver and the rear windows not used for vision directly to the rear are not considered areas requisite for driving visibility.

(b) Special Vehicles. Corresponding eye heights, based upon an average seat depression of 3.3 inches for passenger cars and 2.0 inches for other vehicles, apply to specially designed vehicles or vehicles designed for a standing driver.

(c) Curved Windshields. In order to accommodate manufacturing procedures for curved windshields, it is permissible for shaded windshield glazing material to have less than 70 percent luminous transmittance over areas extending inward from each corner post for a distance not exceeding 10 percent of the windshield width. These areas of reduced luminous transmittance should not extend more than 1.5 inches below the level requisite for driving visibility. The curved windshield exceptions should not apply to motor vehicles manufactured after September 1, 1972.

(d) Motorcycles. The established levels requisite for driving visibility for motorcycles include all planes between a horizontal plane 15 inches above the lowest portion of the seat when the seat is depressed by the operator and a horizontal plane 31 inches above the undepressed seat.

1018. Locations of Safety Glazing Material. Safety glazing material shall be used in accordance with the "AS" number marked on the material as follows:

(a) AS1. Laminated safety glass marked AS1 is required to be used in the windshield of every motor vehicle except a motorcycle and is acceptable for use anywhere in motor vehicles and campers.

(b) AS2 and AS3. Laminated or tempered safety glass marked AS2 is acceptable for use anywhere in a motor vehicle except in the windshield, and anywhere in a camper. Material marked AS3 has less than 70 percent light transmittance and is acceptable only in areas not requisite for driving visibility.

(c) AS2-26 and AS3-26. Laminated safety glass marked AS2-26 is acceptable for use anywhere in a motor vehicle except the windshield, and anywhere in a camper. Material marked AS3-26 has less than 70 percent light transmittance and is acceptable only in areas not requisite for driving visibility.

(d) AS4 and AS5. Rigid plastic safety glazing material marked AS4 is acceptable for use in interior partitions, auxiliary wind deflectors, folding doors, standee windows in buses, flexible curtains, readily removable windows, openings in roofs, rear windows of soft tops, rear doors of taxicabs, and windows of campers. Material marked AS5 has less than 70 percent light transmittance and is acceptable only in areas not requisite for driving visibility.

(e) AS6 and AS7. Flexible plastic safety glazing material marked AS6 is acceptable for use in the rear windows of soft tops, windshields for motorcycles, flexible curtains, and readily removable windows. Material marked AS7 has less than 70 percent light transmittance and is acceptable only in areas not requisite for driving visibility.

(f) AS8 and AS9. Wire glass marked AS8 is acceptable for use in folding doors, standee and rearmost windows in buses, and windows to the rear of the driver in trucks and truck tractors. Material marked AS9 has less than 70 percent light transmittance and is acceptable only in areas not requisite for driving visibility.

(g) AS10 and AS11. Laminated safety glazing material marked AS10 or AS11 is for use only in armored cars for which permits have been issued under Section 21713 of the Vehicle Code. Bullet-resistant glass marked AS10 is required in the windshields and is acceptable for use anywhere in the vehicle. Bullet-resistant glass marked AS11 is acceptable for use anywhere in the vehicle except the windshield.

(h) Shaded Material. The dividing line in the "AVS1" or "AVS2" markings on shaded glazing material shall be located so that the darker side of the dividing line is outside the areas requisite for driving visibility.

This order shall take effect on September 1, 1970, as provided in Section 11422(d) of the Government Code.

Dated: July 22, 1970

DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL; A. E. SHAFFER, Captain -- Acting Commander Safety Services Division

ID: 13104.jeg

S. G. Hong
V-Car Safety Team
Daewoo Motor Co., Ltd.
KOREA
FAX: 82-32-520-2837

Dear Sir or Madam:

This responds to your faxed letter asking about Standard No. 208, Occupant Crash Protection. I apologize for the delay in our response.

You noted that passenger cars are required to meet Standard No. 208's occupant injury criteria using the air bag only, and also using the air bag plus the manual seat belt. You asked whether passenger cars are also required to meet the standard's injury criteria using the manual seat belt only. The answer to this question is no.

You also cited the possibility of people being killed in a crash in which the air bag does not deploy, and where the passenger car does not meet Standard No. 208's occupant injury criteria using the manual seat belt only. You asked who would be "responsible" for the deaths.

I note that liability issues are a matter of State law rather than Federal law. We therefore cannot provide an opinion concerning this question.

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

Sincerely,
John Womack
Acting Chief Counsel
ref:208
d.6/16/97

ID: nht94-6.32

DATE: April 14, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Carol I. Morton -- Administrative Assistant, Equipment and Standards Review Unit, Washington State Patrol (Olympia, WA)

TITLE: None

ATTACHMT: Attached to letter dated 3/25/94 from Roger W. Bruett (signed by Carol I. Morton) to Chief Council, NHTSA (OCC 9822)

TEXT:

We have received your letter asking whether the Hella Xenon headlamps being installed on BMW 750 passenger cars "are legal for use on motor vehicles."

The Hella Xenon units on the BMW 750 series cars represent the first application of high-intensity discharge (HID) headlamps on motor vehicles. This new technology is permitted by Standard No. 108, as indicated by the test report from ETL Testing Laboratories that you reference in your letter.

We have no information as to whether the specific BMW headlamp system actually complies with Standard No. 108 because we have not tested it. BMW's certification of compliance that is affixed to all 750s raises the presumption that the BMW HID system meets Federal requirements.

A HID system may emit light that is perceived to be somewhat whiter than emitted by conventional headlamps. It may also be perceived as "stronger", to use your word, but a properly aimed HID system should create no more discomfort glare in the eyes of an oncoming driver than a conventional one.

ID: nht92-4.46

DATE: August 7, 1992

FROM: S. Watanabe -- Manager, Automotive Equipment Legal & Homologation Sect., Stanley Electric Co., Ltd.; Signature by P.P. F. Nakayama

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: Re: Location of R/C and CHMSL equipped on passenger cars

ATTACHMT: Attached to letter dated 8/21/92 from Paul J. Rice to S. Watanabe (A39; Std. 108)

TEXT:

We would like to ask you about the legality of 2 mounting locations (as shown in Fig. 1 and Fig. 2 in attachment) of R/C (tail & stop lamp) and CHMSL (center high mounted stop lamp) equipped on passenger cars for U.S. of less than 80 inches overall width.

In Fig. 1, for R/C, its height above road surface measured from center of item on vehicle at curb weight is 72 inches, and CHMSL is located 3 inches below the rear window. Wlile in Fig. 2, the height of R/C is 72 inches same as Fig. 1, CHMSL is located above the rear window and between two R/C located on each side of the vertical centerline.

We think the mounting locations of these lamps shown in Fig. 1 & 2 conform to the location requirements of table IV in FMVSS 108.

It would be very much appreciated for us to have your opinion about the legality of locations of these lamps.

(Drawings omitted)

ID: 8692

Ms. Laura J. Platter
6662 Mohawk Court
Columbia, MD 21046

Dear Ms. Platter:

This responds to your letter to Senator Barbara Mikulski about the Federal government's classification of minivans for safety purposes. You were concerned that classifying minivans as trucks rather than passenger vehicles would permit these vehicles to be equipped with fewer safety features.

Congress has authorized this agency, the National Highway Traffic Safety Administration (NHTSA), to issue Federal motor vehicle safety standards that are applicable to new motor vehicles and items of motor vehicle equipment. In the last few years, NHTSA has extended nearly all the passenger car safety standards to cover light trucks and multipurpose passenger vehicles (MPVs). (Minivans are typically considered to be MPVs under our safety standards.)

The only significant safety requirement for passenger cars that the agency has not extended to light trucks and MPVs is dynamic side impact protection. This is a new requirement that is being phased in for passenger cars beginning this September. NHTSA is currently in rulemaking to consider whether the dynamic side impact protection requirements should be extended to light trucks and MPV's, and published an advance notice of proposed rulemaking on this subject in June 1992.

I hope this information is helpful to you.

Sincerely,

Howard M. Smolkin Acting Administrator

cc: The Honorable Barbara A. Mikulski

ref:571 d:6/11/93

ID: nht93-4.31

DATE: June 11, 1993

FROM: Howard M. Smolkin -- Acting Administrator, U.S. Department of Transportation, NHTSA

TO: Laura J. Platter

COPYEE: Barbara A. Mikulski -- United States Senate

TITLE: None

ATTACHMT: Attached to letter dated 5-21-93 from Carl W. Vogt to Howard Smolkin (OCC 8692)

TEXT: This responds to your letter to Senator Barbara Mikulski about the Federal government's classification of minivans for safety purposes. You were concerned that classifying minivans as trucks rather than passenger vehicles would permit these vehicles to be equipped with fewer safety features.

Congress has authorized this agency, the National Highway Traffic Safety Administration (NHTSA), to issue Federal motor vehicle safety standards that are applicable to new motor vehicles and items of motor vehicle equipment. In the last few years, NHTSA has extended nearly all the passenger car safety standards to cover light trucks and multipurpose passenger vehicles (MPVs). (Minivans are typically considered to be MPVs under our safety standards.)

The only significant safety requirement for passenger cars that the agency has not extended to light trucks and MPVs is dynamic side impact protection. This is a new requirement that is being phased in for passenger cars beginning this September. NHTSA is currently in rulemaking to consider whether the dynamic side impact protection requirements should be extended to light trucks and MPV's, and published an advance notice of proposed rulemaking on this subject in June 1992.

I hope this information is helpful to you.