ID: 16859.wkm

Mr. Donald L. Busey
Director of Dealer Services
Pennsylvania Automotive Association
1925 North Front Street
Post Office Box 2955
Harrisburg, PA 17105-2955

Dear Mr. Busey:

Please pardon the delay in responding to your letter to Walter Myers of my staff in which you asked whether a tractor that is converted to a straight truck is required to be equipped with an antilock brake system (ABS) as required by Federal Motor Vehicle Safety Standard (Standard) No. 121, Air Brake Systems (49 Code of Federal Regulations (CFR) 571.121). In a telephone conversation with Mr. Myers on April 3, 1998, you stated that the trucks in question are new Mack tractors equipped with 3 axles with a 4th new axle normally added in the conversion, and that most are converted to dump or cement trucks.

By way of background information, Chapter 301 of Title 49, U. S. Code (hereinafter Safety Act) authorizes this agency to establish Federal motor vehicle safety standards (FMVSS) for new motor vehicles and new items of motor vehicle equipment. The Safety Act establishes a self-certification system under which manufacturers certify that their products comply with all applicable FMVSSs. This agency enforces the standards after the fact by purchasing vehicles and equipment and testing them for compliance with the standards. The agency also investigates defects relating to motor vehicle safety. If the vehicles or equipment pass, no further action is taken. If they do not pass, or if a manufacturer or the National Highway Traffic Safety Administration (NHTSA) determines that a noncompliance or a safety-related defect exists, the manufacturer must notify the purchasers of the noncomplying or defective product and remedy the problem at no expense to the consumer. Any manufacturer that fails to provide notification of or remedy for a noncompliance or defect may be subject to substantial civil penalties.

NHTSA considers that a motor vehicle or item of equipment is "new" from the date of its manufacture until its first retail sale. Vehicle manufacturers are required to certify that each new vehicle they produce complies, as of the date of manufacture, with all then-applicable FMVSSs. In this case, if a new tractor is converted to a straight truck prior to the vehicle's first retail sale, the company making the conversion would be considered an "alterer" under our regulations. A person who alters a previously certified new vehicle must further certify that the vehicle as altered continues to comply with all applicable FMVSSs. See 49 CFR 567.7 (copy enclosed).

Subparagraph S5.1.6.1(a) of Standard No. 121 requires single-unit vehicles, including "straight trucks," manufactured on or after March 1, 1998 to be equipped with ABS that directly controls the wheels of at least one front axle and the wheels of at least one rear axle. Other axles on the vehicle may be indirectly controlled by the ABS. With respect to truck tractors, subparagraph S5.1.6.1(b) requires that truck tractors manufactured on or after March 1, 1997 be equipped with ABS that directly controls the wheels of at least one front axle and those of at least one rear axle, with the wheels of at least one axle being independently controlled. Again, other axles may be indirectly controlled by ABS.

Under Part 567, an alterer of a tractor manufactured on or after March 1, 1997 must allow the original certification label required by Part 567 to remain on the vehicle, and shall affix an additional label to the vehicle certifying that the vehicle conforms to all applicable FMVSSs affected by the alteration and in effect on a date no earlier than the original date of manufacture nor later than the date the alterations were completed. Thus, if a tractor is altered to a straight truck, the alterer must certify that it meets all applicable FMVSSs for straight trucks as of a date no earlier than the date of manufacture of the tractor nor later than the date of completion of the alteration, or any date in between. If this date is before March 1, 1998, the straight truck would not be required to be equipped with ABS. Further, if either the gross vehicle weight rating or any gross axle weight rating, as altered, are different from those shown on the original certification label, the alterer must provide those modified values.

Also enclosed for your information are fact sheets entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful to you. Should you have any further questions or need additional information, feel free to contact Mr. Myers at this address or at (202) 366-2992, or fax at (202) 366-3820.

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
Ref:121#VSA#571
d.5/13/98

ID: GF007915

Mr. Derek Dean
ACDelco
2506 Frederick Drive
Conway, AK 72034

Dear Mr. Dean:

This responds to your e-mail regarding various issues related to aftermarket brake pads. The issues raised by your letter are addressed below.

By way of background, the National Highway Traffic Safety Administration (NHTSA) issues safety standards applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to certify that their vehicles and equipment meet applicable requirements.

First, you ask about Federal motor vehicle safety standards (FMVSSs) applicable to brake pads on new vehicles, as well as aftermarket brake pads. There is no Federal motor vehicle safety standard (FMVSS) specifically applicable to new brake pads. Instead, several FMVSSs regulate entire brake systems. Specifically, Standards No. 105, 121, 122, and 135 regulate brake systems for various types of motor vehicles. Vehicle manufacturers are responsible for certifying that their vehicles comply with all applicable FMVSSs, including relevant brake system requirements. Accordingly, brake pad manufacturers are not directly responsible for any certification requirements.

Although NHTSA does not directly regulate brake pads, any brake pad designed to be used on a motor vehicle is an item of "motor vehicle equipment" and is subject to the notification and remedy (recall) provisions of 49 U.S.C. 30118-30120. If a manufacturer or NHTSA determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective vehicle or item of motor vehicle equipment and remedying the problem free of charge. Thus, defective aftermarket brake pads could be subject to our recall provisions.

In you letter, you discuss the obligations of repair businesses. Although our regulations do not address brake pad replacement procedures, we note that states may regulate repair businesses and how they perform their work.

In your letter, you ask about NHTSA research related to brake quality and causation of rear impact crashes, and about complaints pertaining to poorly performing brake pads. We note that NHTSA conducts various research projects related to braking performance, and our Office of Defects Investigations maintains a publicly accessible database of complaints filed with NHTSA. We suggest that you visit our web site at www.NHTSA.gov, where you may be able to find helpful information pertaining to your questions.

Finally, you ask for our opinion on the "D3EA certification that GM has voluntarily adopted for use on DuraStop our Aftermarket Brake line to help ensure our brake parts do indeed keep the vehicle in compliance with the FMVSS". As discussed above, NHTSA does not provide approvals or endorsement for motor vehicle equipment.

I hope this information is helpful. If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:105
d.1/3/05

ID: nht95-3.55

TYPE: INTERPRETATION-NHTSA

DATE: July 25, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: John N. Quinata -- Customs And Quarantine Agency, Government Of Guam

ATTACHMT: ATTACHED TO 4/26/95 LETTER FROM JOHN M. QUINATA TO NHTSA OFFICE OF THE CHIEF COUNSEL

TEXT: Dear Mr. Quinata:

This responds to your letter asking whether used Nissan Truck Crane Lorries from Japan are subject to the Federal Motor Vehicle Safety Standards (FMVSS). I apologize for the delay in our response, but we had difficulty contacting Nissan for some informa tion we needed to answer your question. From your letter, I assume that Sanko Bussan Guam has imported this vehicle for use in the dock area, and that your agency is holding the vehicle pending this interpretation because the vehicle is not certified as complying with the FMVSS.

The short answer to your question is that the truck crane is a motor vehicle, subject to the FMVSS. I will outline the applicable law and point out some of our regulations that you should consider.

The issue you raise is whether the truck crane is a "motor vehicle," since the regulations you ask about apply only to motor vehicles. Title 49 of the U.S. Code, section 30102(a)(6), defines a motor vehicle as "a vehicle driven or drawn by mechanical po wer and manufactured primarily for use on public streets, roads, and highways . . ." Work-related vehicles generally are "motor vehicles" for purposes of our statute if they frequently use the highway going to and from job sites and stay at a job site fo r only a limited time.

We believe the truck crane is a motor vehicle. Nissan Diesel North America informs us that this truck crane is a general purpose medium-duty crane that can be used for short-duty jobs and driven from site to site on the public roads. The photographs you enclosed show the crane mounted on what appears to be a conventional truck chassis. The vehicle appears to be manufactured for use on the highways, and is thus a motor vehicle. The vehicle is a "truck" under our regulations, and must meet the FMVSSs f or trucks that were in effect on the vehicle's date of manufacture.

As you know, NHTSA has regulations related to the importation of vehicles. They appear in the Code of Federal Regulations (CFR), at parts 591 to 593. In particular, note the declarations in 49 CFR 591.5 that are required for importation. Since your le tter says that you enforce the FMVSSs in 49 CFR Part 571, I assume you have a copy of Parts 591-593. If you do not, we can send one to you.

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

ID: nht95-5.34

TYPE: INTERPRETATION-NHTSA

DATE: July 25, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: John N. Quinata -- Customs And Quarantine Agency, Government Of Guam

ATTACHMT: ATTACHED TO 4/26/95 LETTER FROM JOHN M. QUINATA TO NHTSA OFFICE OF THE CHIEF COUNSEL

TEXT: Dear Mr. Quinata:

This responds to your letter asking whether used Nissan Truck Crane Lorries from Japan are subject to the Federal Motor Vehicle Safety Standards (FMVSS). I apologize for the delay in our response, but we had difficulty contacting Nissan for some information we needed to answer your question. From your letter, I assume that Sanko Bussan Guam has imported this vehicle for use in the dock area, and that your agency is holding the vehicle pending this interpretation because the vehicle is not certified as complying with the FMVSS.

The short answer to your question is that the truck crane is a motor vehicle, subject to the FMVSS. I will outline the applicable law and point out some of our regulations that you should consider.

The issue you raise is whether the truck crane is a "motor vehicle," since the regulations you ask about apply only to motor vehicles. Title 49 of the U.S. Code, section 30102(a)(6), defines a motor vehicle as "a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways . . ." Work-related vehicles generally are "motor vehicles" for purposes of our statute if they frequently use the highway going to and from job sites and stay at a job site for only a limited time.

We believe the truck crane is a motor vehicle. Nissan Diesel North America informs us that this truck crane is a general purpose medium-duty crane that can be used for short-duty jobs and driven from site to site on the public roads. The photographs you enclosed show the crane mounted on what appears to be a conventional truck chassis. The vehicle appears to be manufactured for use on the highways, and is thus a motor vehicle. The vehicle is a "truck" under our regulations, and must meet the FMVSSs for trucks that were in effect on the vehicle's date of manufacture.

As you know, NHTSA has regulations related to the importation of vehicles. They appear in the Code of Federal Regulations (CFR), at parts 591 to 593. In particular, note the declarations in 49 CFR 591.5 that are required for importation. Since your letter says that you enforce the FMVSSs in 49 CFR Part 571, I assume you have a copy of Parts 591-593. If you do not, we can send one to you.

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

ID: 10868-2

Mr. John N. Quinata
Customs and Quarantine Agency
Government of Guam
Suite 225, 2nd Floor, GITC Bldg.
Tamuning, Guam 96911

Dear Mr. Quinata:

This responds to your letter asking whether used Nissan Truck Crane Lorries from Japan are subject to the Federal Motor Vehicle Safety Standards (FMVSS). I apologize for the delay in our response, but we had difficulty contacting Nissan for some information we needed to answer your question. From your letter, I assume that Sanko Bussan Guam has imported this vehicle for use in the dock area, and that your agency is holding the vehicle pending this interpretation because the vehicle is not certified as complying with the FMVSS.

The short answer to your question is that the truck crane is a motor vehicle, subject to the FMVSS. I will outline the applicable law and point out some of our regulations that you should consider.

The issue you raise is whether the truck crane is a "motor vehicle," since the regulations you ask about apply only to motor vehicles. Title 49 of the U.S. Code, section 30102(a)(6), defines a motor vehicle as "a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways . . . ." Work-related vehicles generally are "motor vehicles" for purposes of our statute if they frequently use the highway going to and from job sites and stay at a job site for only a limited time.

We believe the truck crane is a motor vehicle. Nissan Diesel North America informs us that this truck crane is a general purpose medium-duty crane that can be used for short-duty jobs and driven from site to site on the public roads. The photographs you enclosed show the crane mounted on what appears to be a conventional truck chassis. The vehicle appears to be manufactured for use on the highways, and is thus a motor vehicle. The vehicle is a "truck" under our regulations, and must meet the FMVSSs for trucks that were in effect on the vehicle's date of manufacture.

As you know, NHTSA has regulations related to the importation of vehicles. They appear in the Code of Federal Regulations (CFR), at parts 591 to 593. In particular, note the declarations in 49 CFR 591.5 that are required for importation. Since your letter says that you enforce the FMVSSs in 49 CFR Part 571, I assume you have a copy of Parts 591-593. If you do not, we can send one to you.

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

Sincerely,

John Womack Acting Chief Counsel

NCC-20:PAtelsek:62992:OCC 10868:5/22/95:revised 7/3/95 ref:VSA d:7/25/95

ID: 19883.wkm

Tim Broten, President
Skiddd Wheel Indicator
Box 129
Starbuck, Mb.
ROG 2PO
CANADA

Dear Mr. Broten:

Your letter to Mr. Ron Evenson, State Director, Office of Motor Carrier Safety, Bismarck, North Dakota, was forwarded to this agency for reply.

You stated in your letter that your company produces the Skiddd wheel lock indicator that is described as a strip of special nylon plastic that is attached to the wheel stud of a truck. The Skiddd protrudes out from the wheel about two inches, which allows the driver to see from his rear view mirror whether the wheel is turning. The intent is to permit the driver to determine from the truck cab whether the wheels are in fact turning or whether one or more of them are skidding. You asked for a "letter of approval" to indicate that the Skiddd indicator complies with applicable safety standards.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable FMVSSs. For that reason, NHTSA neither tests, approves, disapproves, endorses, nor grants letters of approval of products prior to their introduction into the retail market. Rather, we enforce compliance with the FMVSSs by purchasing vehicles and equipment and testing them. We also investigate safety-related defects.

Turning now to the Skiddd wheel lock indicator, we would classify it as an item of motor vehicle equipment, defined in 49 U.S. Code (U.S.C.) 30102(a)(7)(B) as any "part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle." Specifically, the Skiddd wheel lock indicator is an accessory if it meets the following criteria:

a. A substantial portion of its expected uses are related to the operation or maintenance of motor vehicles; and

b. It is purchased or otherwise acquired, and principally used by ordinary users of motor vehicles.

After reviewing your letter and its enclosed product brochure, we conclude that the Skiddd wheel lock indicator is an accessory. It was designed with the expectation that a substantial portion of its expected use will be with motor vehicles. Further, the pictures of the Skiddd in the brochure make it clear that the wheel lockup indicator is intended to be purchased and principally used by ordinary users of motor vehicles, mostly truck drivers, to continuously monitor whether their wheels are turning properly.

While the Skiddd wheel lock indicator is a motor vehicle accessory, NHTSA has not issued any FMVSSs establishing performance standards applicable to this product. However, the manufacturer, whether you or a licensee, is subject to the requirements of 49 U.S.C. 30118 - 30121 (copies enclosed) which set forth the recall and remedy procedures for products with defects related to motor vehicle safety. Thus, if NHTSA or the manufacturer determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge to the consumer.

Additionally, 49 U.S.C. 30122 (copy enclosed) provides that a manufacturer, distributor, dealer, or vehicle repair business may not knowingly "make inoperative" any device or element of design installed on or in a motor vehicle in accordance with any FMVSS. Therefore, the Skiddd could not be installed by one of those entities if such use would adversely affect the compliance of a vehicle with any FMVSS. This provision does not apply, however, to equipment attached to or installed on or in a vehicle by the vehicle owner.

I note that the Department's Office of Motor Carrier Safety has jurisdiction over interstate motor carriers operating in the U.S. On August 18, 1999, the Vehicle and Operations Division of that agency responded to your inquiry about using the Skiddd indicator on commercial motor vehicles. We have coordinated this response through the Acting Director of the Office of Motor Carrier Safety.

For your further information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful to you. If you have any questions or need additional information, feel free to contact Edward Glancy of my staff at this address, by telephone at (202) 366-2992, or by fax at (202) 366-3820.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures

cc: Mr. Ronald O. Evenson
State Director
Office of Motor Carrier Safety
1471 Interstate Loop
Bismarck, ND 58501

ref:119
d.11/23/99

ID: 04-007667drn

Mr. Eric Lotzer
Precision Equipment Manufacturing
2719 40^th Avenue North
Fargo, ND58102

Dear Mr. Lotzer:

This responds to your request for an interpretation concerning National Highway Traffic Safety Administration (NHTSA) requirements that apply to your companys construction roll-off trailers and to the trucks that pull the trailers.

In your letter, you state that Precision Equipment Manufacturing (PEM) seeks to improve the design and functionality of your trailers, making them more convenient (yet safe) for the customer to control. At present, your trailers can only be operated from outside the truck that pulls the trailers, i.e. , the driver/operator must be outside the cab of the truck to raise, lower, extend and retract the trailer to unload materials. In the future, PEM would like to make the trailers operational from inside the cab of the truck. You wish to know if there are any Federal Motor Vehicle Safety Standards (FMVSSs) that establish requirements for operating controls from inside the cab of a truck pulling the trailer.

By way of background information, NHTSA is authorized to issue FMVSSs for new motor vehicles and new items of motor vehicle equipment. NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet applicable standards.

NHTSA has established FMVSSs that apply to trucks and to trailers (See 49 CFR Part 571). However, we have not issued any FMVSSs that specify requirements for in-cabcontrols for operating a trailer. We note that if the in-cab controls are installed in a vehicle by a manufacturer or other business (other than the truck or trailer manufacturer), the business installing the in-cab controls would have responsibilities relating to ensuring that the vehicle met, or continued to meet, all FMVSSs with the in-cab controls installed. The details of these responsibilities are explained in the enclosed fact sheet referred to at the end of this letter.

Beyond compliance with relevant Federal safety standards, manufacturers of motor vehicles (i.e. , trucks and trailers) have additional responsibilities, including a requirement to notify purchasers about safety-related defects and to provide a remedy free of charge. 49 U.S.C. Sections 30118-30120.

In addition, you should be aware that other governmental entities may have authority over your product. It appears from the information you have submitted that you have already received a response from the U.S. Department of Transportations Federal Motor Carrier Safety Administration (FMCSA), which has jurisdiction over commercial vehicles and interstate motor carriers operating in the United States. In addition, States have the authority to regulate the use and licensing of vehicles operating within their jurisdictions. Therefore, you may wish to check with the Department of Motor Vehicles in any State in which your trucks and trailers will be sold or used regarding any such requirements.

I have enclosed a fact sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:101#VSA
d.12/22/04

ID: 9352

Mr. Andrew Tweddle
AV Technology Corp.
2340 Alger
Troy, MI 48083

Dear Mr. Tweddle:

This responds to your request for an interpretation whether AV Technology's armored vehicle is subject to the Federal Motor Vehicle Safety Standards (FMVSSs). As explained below, a vehicle manufactured to U.S. Army contract specifications, and sold to the Army, is not subject to the FMVSSs.

In your letter, you explained that AV Technology is in the process of responding to a Department of the Army draft specification for an armored security vehicle. AV Technology proposes to offer its Dragoon ASV, an armored security vehicle, with a weapon carrying capability. Your letter states that the Dragoon ASV would be built to U.S. Army specification MIL-STD-1180. In a telephone conversation with Dorothy Nakama of my staff, you stated that the Dragoon ASV would also be built to other applicable military specifications.

The FMVSSs' applicability to vehicles manufactured for and sold to the U.S. military, is addressed at 49 CFR 571.7(c):

(c) Military vehicles. No standard applies to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications.

You stated the Dragoon ASV would be manufactured to all applicable military specifications, specified by the Army. The Army is part of the "Armed Forces." Thus, when manufactured to Army contractual specifications, and sold to the Army, the Dragoon ASV is not subject to the FMVSSs.

If you have any questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel ref:571 d:3/17/94

ID: 10188

Ms. Frances J. Chamberlain
6724 63rd Place N.E.
Marysville, Washington 98270

Dear Ms. Chamberlain:

This responds to your letter asking about how this agency's regulations might apply to your product. I apologize for the delay in sending this letter. You explained in a telephone conversation with Paul Atelsek of this office that your product is an emergency kit the size of an "oversize notebook." The kit contains a radio. In completing your design, you are considering whether to attach it to the back side of the front seats or under those seats. You asked whether the National Highway Traffic Safety Administration (NHTSA) has any regulations as to the distance that must be kept clear between the back side of the driver's seat and the back seat. You are considering marketing the kit for passenger cars and light trucks through retail outlets, and possibly also through automobile dealerships as an optional accessory.

The short answer to your question is that, while there are no regulations concerning clearance between the front and back seats, there are Federal requirements that may affect the sale of this product. I am pleased to have this opportunity to explain our regulations. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."

By way of background information, NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. These are contained in title 49, part 571 of the Code of Federal Regulations. As you recognize in your letter, your safety kit is an accessory and thus an item of motor vehicle equipment.

While your emergency kit is an item of motor vehicle equipment, NHTSA has not issued any standards for such an item. Nevertheless, there are other provisions of law that may affect the manufacture and sale of your product. Installation of your product on the back of front seats could have an impact on compliance with Standard No. 201, Occupant

protection in interior impact. S3.2 of that standard basically requires that seat backs have a certain amount of cushioning to provide protection when struck by the head of rear seat passengers during a crash. If your emergency kit were installed so that a hard object (e.g., the radio) contained within it were to be struck by the head, the requisite amount of cushioning might not be achieved. We note that there are no safety standards regulating the underside of the seats, which you have said is another interior space where you are considering mounting the emergency kit.

Which legal requirements apply depends on how your product is marketed. If your product were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with the emergency kit installed complies with all FMVSS's, including Standard No. 201.

A commercial business that installs your emergency kit would also be subject to provisions of the U.S. Code that affect modifications of new or used vehicles. Section 30122(b) of Title 49 provides that:

A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard . . .

This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your device if the system renders inoperative the vehicle's compliance with the FMVSS's. For instance, compliance with Standard No. 201 might be degraded if the emergency kit were mounted in front of rear seat passengers. Any violation of this "make inoperative" prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation.

The "make inoperative" prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install your emergency kit in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted.

You as the product's manufacturer are subject to the requirements in sections 30118-30122 of Title 49 of the U.S. Code concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

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

Sincerely,

Philip R. Recht Chief Counsel

Enclosure

ref:VSA d:2/6/95

ID: nht95-1.53

TYPE: INTERPRETATION-NHTSA

DATE: February 6, 1995

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

TO: Frances J. Chamberlain

TITLE: NONE

ATTACHMT: Attached to 1/1/94 (EST) letter from Frances J. Chamberlain to John Womack

TEXT: Dear Ms. Chamberlain:

This responds to your letter asking about how this agency's regulations might apply to your product. I apologize for the delay in sending this letter. You explained in a telephone conversation with Paul Atelsek of this office that your product is an em ergency kit the size of an "oversize notebook." The kit contains a radio. In completing your design, you are considering whether to attach it to the back side of the front seats or under those seats. You asked whether the National Highway Traffic Safet y Administration (NHTSA) has any regulations as to the distance that must be kept clear between the back side of the driver's seat and the back seat. You are considering marketing the kit for passenger cars and light trucks through retail outlets, and p ossibly also through automobile dealerships as an optional accessory.

The short answer to your question is that, while there are no regulations concerning clearance between the front and back seats, there are Federal requirements that may affect the sale of this product. I am pleased to have this opportunity to explain our regulations. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."

By way of background information, NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. These are contained in title 49, part 571 of the Code of Federal Regulations . As you recognize in your letter, your safety kit is an accessory and thus an item of motor vehicle equipment.

While your emergency kit is an item of motor vehicle equipment, NHTSA has not issued any standards for such an item. Nevertheless, there are other provisions of law that may affect the manufacture and sale of your product. Installation of your product o n the back of front seats could have an impact on compliance with Standard No. 201, Occupant protection in interior impact. S3.2 of that standard basically requires that seat backs have a certain amount of cushioning to provide protection when struck by the head of rear seat passengers during a crash. If your emergency kit were installed so that a hard object (e.g., the radio) contained within it were to be struck by the head, the requisite amount of cushioning might not be achieved. We note that the re are no safety standards regulating the underside of the seats, which you have said is another interior space where you are considering mounting the emergency kit.

Which legal requirements apply depends on how your product is marketed. If your product were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with the emergency kit installed comp lies with all FMVSS's, including Standard No. 201.

A commercial business that installs your emergency kit would also be subject to provisions of the U.S. Code that affect modifications of new or used vehicles. Section 30122(b) of Title 49 provides that:

A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety s tandard . . .

This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your device if the system renders inoperative the vehicle's compliance with the FMVSS's. For instance, compliance with Standard No. 201 might be degra ded if the emergency kit were mounted in front of rear seat passengers. Any violation of this "make inoperative" prohibition would subject the violator to a potential civil penalty of up to $ 1,000 for each violation.

The "make inoperative" prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install your emergency kit in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the autho rity to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted.

You as the product's manufacturer are subject to the requirements in sections 30118-30122 of Title 49 of the U.S. Code concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

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

Sincerely,