ID: nht90-1.16

TYPE: INTERPRETATION-NHTSA

DATE: JANUARY 12, 1990

FROM: SAMUEL KIMMELMAN -- ENGINEERING PRODUCT MANAGER, IDEAL CORPORATION

TO: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TITLE: N

ATTACHMT: ATTACHED TO LETTER DATED 3-30-90 TO SAMUEL KIMMELMAN FROM STEPHEN P. WOOD; (A35; STD. 108) TEXT:

Several vehicles manufactured in the last several years contain dash board turn signal indicators in the shape of arrows that increase in size, through three (3) growth stages, during the "on" time of the corresponding flashing turn signal lamps. When th e turn signal lamps go "off" the dash board arrow goes "off" and begins the next growth cycle when the turn signal lamps go "on". The dash board turn signal arrow follows the "on-off" cycling of the corresponding turn signal lamps.

In turn signal operation when a turn signal lamp fails the original equipment flasher changes to a higher flash rate, shorter "on" and "off" times, thereby preventing the corresponding dash board indicator arrow from reaching the 3rd growth stage. This is an indication to the driver that a turn signal lamp has failed.

We manufacture aftermarket variable load turn signal flashers and hazard warning flashers, certified as meeting the requirements of FMVSS-108, for use as replacements to original equipment flashers. However, due to differences in operating characteristi cs between our variable load flashers and the original equipment flashers used in these vehicles, we cannot guarantee our flashers will provide sufficient "on" time to allow the dash board indicator arrows to reach the 3rd stage as the corre- sponding tu rn signal lamps flash within the requirements of FMVSS-108.

Can we list our valuable load flashers as replacement flashers for vehicles having three (3) growth stage dash board turn signal arrows?

ID: 7402

Mr. Jeffrey Puentes, President
Sacramento Registration Service
11684 Ventura Blvd., Suite 271
Studio City, CA 91604

Dear Mr. Puentes:

This responds to your request for information on laws and regulations administered by this agency that would apply to motorcycle frames, a product that your client wishes to manufacture and sell. Since motorcycle frames would constitute "motor vehicle equipment," the product would be subject to NHTSA's jurisdiction as follows.

Your letter stated that your client intends the frames to be sold to the "retail public" and to be used to replace frames of damaged Harley Davidson motorcycles. In a telephone conversation with Dorothy Nakama of my staff, you stated that your client is a domestic manufacturer, and the term "serial number" in your letter meant vehicle identification numbers (VINs), as specified by this agency.

The National Traffic and Motor Vehicle Safety Act (the Safety Act) authorizes this agency to regulate "motor vehicles" and items of "motor vehicle equipment." Section 102(4) of the Safety Act (15 U.S.C. 1391(4)) defines "motor vehicle equipment," in part, as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component ...

In your letter, you stated that your client intends its motorcycle frames to be used to replace frames in damaged motorcycles. Thus, the motorcycle frames would be "motor vehicle equipment" since they are "similar parts" that will be "sold for replacement" of a part.

If your client's motorcycle frames should be installed into a motorcycle by a commercial business, Section 108(a)(2)(A) of the Safety Act could affect such installations. That section of the Act requires manufacturers, distributors, dealers, and motor vehicle repair businesses to ensure that they do not knowingly render inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal Motor Vehicle Safety Standard (FMVSS).

The above-named businesses could sell the motorcycle frames but could not install them if the installation would adversely affect a motorcycle's compliance with any of the applicable FMVSS's. In the first instance, it would be the responsibility of these entities to determine whether there is any possibility of such an effect.

The prohibitions of Section 108(a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her motorcycle. Thus, a motorcycle owner would not violate the Safety Act by replacing the motorcycle frame, even if doing so would adversely affect some safety feature in his or her motorcycle.

Manufacturers of motor vehicle equipment such as motorcycle frames are also subject to the requirements in sections 151- 159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. The Safety Act specifies that if either your client's company or this agency determines that a safety-related defect exists in the motorcycle frame, that company as the manufacturer must notify purchasers of the safety-related defect and must either:

(1) repair the product so that the defect is removed; or

(2) replace the product with identical or reasonably equivalent products which do not have a defect.

Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than 8 years before the notification campaign.

You also asked about vehicle identification numbers (VINs) (referred to in your letter as "serial numbers") and whether motorcycle frames must be identified with VINs. As you may be aware, Federal Motor Vehicle Safety Standard No. 115; Vehicle identification number- basic requirements specifies that vehicles manufactured in one or more stages must have a VIN assigned by the manufacturer. Your client is a motorcycle frame manufacturer, not a motor vehicle manufacturer. Therefore, your client should not assign VINs to the motorcycle frames that it manufactures. Please note, however, that NHTSA regulations would not preclude your client from assigning "serial numbers" to the frames it manufactures, if the numbers are for its own inventory, recordkeeping, or other internal purposes.

You further requested information about laws regulating retail businesses that may affect your client. Other than the matters that have previously been discussed in this letter, NHTSA has no laws or regulations affecting your client as a retail business selling motorcycle frames. Regulation of retail businesses is generally a matter of state law. For more specific information, I would suggest you investigate the requirements for each state in which your client intends to begin a retail establishment.

For your information, I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. This sheet gives a brief description of our regulations and explains how to obtain copies of those regulations. 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,

Paul Jackson Rice Chief Counsel

Enclosure ref:VSA#115 d:7/l3/92

ID: nht95-3.27

TYPE: INTERPRETATION-NHTSA

DATE: June 27, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: J. Gregory Studemeyer, Esq.

TITLE: NONE

ATTACHMT: ATTACHED TO 1/5/95 LETTER FROM J. GREGORY STUDEMEYER TO NHTSA (OCC 10647)

TEXT: Dear Mr. Studemeyer:

This responds to your letter of January 5, 1995, to this agency and your telephone conversation with Walter Myers of my staff on June 12, 1995, regarding the school bus standards we administer. You asked whether "your agency or any other federal agency notifies educational institutions of these [school bus] requirements."

The answer is no. The National Highway Traffic Safety Administration (NHTSA) does not maintain data on all schools or school districts throughout the nation, and does not routinely communicate with individual schools or school districts. The agency does , however, attend and disseminate information at school bus meetings and conferences nationwide and publishes all changes in school bus requirements in the Federal Register. In addition, NHTSA works closely and frequently with state directors of pupil t ransportation with regard to school transportation matters. In South Carolina, that official is the Director, Office of Transportation, Department of Education, 1429 Senate Street, Room 512, Columbia, SC 29201. Their telephone number is (803) 734-8244, and their fax number is (803) 734-8624.

Also for your information please find enclosed a fact sheet prepared by this office summarizing Federal school bus safety requirements. If you have any further questions or need additional information, please feel free to contact Walter Myers of my staf f at this address or at (202) 366-2992.

Enclosure

FEDERAL SCHOOL BUS SAFETY REQUIREMENTS

The National Highway Traffic Safety Administration (NHTSA) defines a bus as a motor vehicle designed to carry more than 10 persons, and a school bus as a bus that is sold or introduced into interstate commerce "for purposes that include carrying students to and from school or related events." Excluded are buses operated as common carriers in urban transportation. See 49 Code of Federal Regulations (CFR) 571.3.

In interpreting those provisions, NHTSA has looked to the nature of the particular institutions purchasing the buses. If the central purpose of the institution is the education of preprimary, primary, or secondary school students, including Head Start p articipants, whom NHTSA considers preprimary students, the buses must comply with all Federal motor vehicle safety standards (FMVSS) applicable to school buses. The FMVSSs are found in 49 CFR 571.101 through 571.304.

If, on the other hand, the institution is primarily custodial in nature, such as a nursery or day care center, or is concerned primarily with the education of post-secondary students such as college students, adult education or post-high school vocationa l students, the buses need not comply. Similarly, if transporting children to and from Sunday school or religious services, or if transporting athletic teams that have no connection to a school, the vehicles need not comply. However, if the vehicles ar e purchased to transport vocational students or athletic teams connected with preprimary, primary, or secondary schools or to transport students to or from such schools operated by a church, such as parochial schools, the vehicles would be required to co mply.

It is a violation of Federal law for any person knowingly to sell or lease as a school bus any new vehicle that does not comply with all FMVSSs applicable to school buses. The onus is on the seller or lessor to ascertain the intended use of the vehicle, and the seller/lessor is subject to substantial penalties for knowingly selling or leasing a noncomplying vehicle for use as a school bus, including civil fines and injunctive sanctions. These requirements do not apply to used vehicles.

Under Federal law, the purchaser or user of a vehicle is not under the same legal constraints as the seller. Since Federal law applies only to the manufacture and sale of new vehicles, a school may purchase and use any vehicle it chooses, whether new or used and without regard to whether it complies with Federal school bus standards, to transport its students. In addition, Federal law does not require the school to retrofit an existing vehicle to bring it into compliance with Federal standards. A sta te, however, may prescribe requirements relating to the use of school buses, including requirements for retrofitting or for operation and maintenance. The only Federal constraint on a state is that the state may not prescribe a standard for new vehicles covering the same aspect of performance as a Federal standard unless the state standard is identical to the Federal standard.

Finally, although not required by Federal law, NHTSA strongly recommends that only vehicles meeting Federal school bus safety standards be used to transport school children. See Highway Traffic Safety Program Guideline No. 17, Pupil Transportation Safet y, 23 CFR 1204. Further, NHTSA cautions that the use of vehicles that do not comply with Federal school bus safety standards to transport school children could result in increased liability in the event of an accident. That is a matter of state law, ho wever, so school districts should consult their attorneys and/or insurance carriers before transporting students in non-complying vehicles.

ID: Nakachi

Matthew K. Nakachi, Esq.
Law Offices of George R. Tuttle
Three Embarcadero Center, Suite 1160
San Francisco, CA 94111





Dear Mr. Nakachi:

This responds to your letters of November 30, 2000 (as supplemented by an email of December 18, 2000, to Taylor Vinson of this Office), and January 3, 2001, concerning the applicability of certain Federal motor vehicle safety standards to sidecars.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable FMVSSs. ⁽¹⁾ The FMVSSs apply in different ways. Some apply only to new motor vehicles, others apply to new items of motor vehicle equipment ("equipment standards"), while others apply to both new vehicles and new equipment.

Your letters concern the importation of sidecars which would be sold to individuals who already own motorcycles. These sidecars would not be considered "motor vehicles" but would be considered motor vehicle equipment. ⁽²⁾ Therefore, standards that apply only to new motor vehicles would not apply to these sidecars. However, as discussed below, the sidecars would be subject to certain equipment standards.

If an aftermarket sidecar incorporates motor vehicle equipment that is regulated by an equipment standard, the equipment would have to independently comply with the applicable standard. (See NHTSA's May 4, 1982 letter, copy enclosed). Of particular relevance to sidecars are our standards for brake hoses, tires, tire rims and glazing, all of which apply to individual items of

equipment. Brake hoses, tires, tire rims and glazing, if provided on a sidecar, must meet the requirements of Standard Nos. 106, 119, 120, and 205, respectively, that apply to equipment for motorcycles.

You note, for certain of these standards, that the "scope" sections do not mention sidecars but only include such equipment that is used with "passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, and motorcycles." That the standards do not list sidecars is not of significance, because the lists only include vehicle types, and a sidecar is an accessory item (not a vehicle itself). A sidecar is an accessory for a motorcycle. Therefore, equipment on a sidecar is equipment for use on a motorcycle. To determine whether a standard applies to the equipment on a sidecar, we check the application section of the standard to see whether it applies: (a) to items of motor vehicle equipment, and (b) that is for use in motorcycles. If the answer to both of these is yes, then the equipment on the sidecar would have to comply with the standard.

Standard No. 108

In the May 4, 1982, letter we also stated that lighting equipment on a sidecar would have to comply with Standard No. 108. We have reconsidered our views on this issue. Standard

No. 108 applies, in relevant part, to certain types of motor vehicles including motorcycles, and to "(l)amps, reflective devices, and associated equipment for replacement of like equipment on vehicles to which this standard applies." Since an aftermarket sidecar is sold as an accessory to a motorcycle and not to replace a part of a motorcycle, any lamps, reflective devices or associated equipment on the sidecar would not be "for replacement of like equipment" on the motorcycle. Therefore, Standard No. 108 would not apply to an aftermarket sidecar. This would be true whether the sidecars were imported as single items or with the sidecar fenders incorporating lighting equipment separated from the rest of the sidecar.

However, detached and discrete items of lighting equipment that could be installed either on motor vehicles to which Standard No. 108 applies, or on an aftermarket sidecar, could not be imported unless the items of lighting equipment comply with Standard No. 108. We do not understand that your client intends to import detached items of lighting equipment.

Standard No. 119

Our understanding is that the tires of the sidecar are not labeled in any manner. Unlabeled tires would not meet the requirements of Standard No. 119. The marking requirements for tires subject to Standard No. 119, "New pneumatic tires for vehicles other than passenger cars" (49 CFR 571.119), are set forth in paragraph S6.5 of the standard. Paragraph S6.5(b) requires that each tire be marked with "the tire identification required by part 574 of this chapter." Section 574.5, "Tire identification requirements," specifies that "[e]ach tire manufacturer shall conspicuously label on one sidewall of each tire it manufactures, except tires manufactured exclusively for mileage contract purchasers or non-pneumatic tires of non-pneumatic tire assemblies, by permanently molding into or onto the sidewall, in the manner and location specified in Figure 1, a tire identification number (TIN) containing the information set forth in paragraphs (a) through (d) of this section." According to this paragraph, the information must be molded into or onto the sidewalls of the sidecar tires. Of course, the tires would also have to comply with all performance requirements applicable to new motorcycle tires.

Standard No. 120

ID: nht92-5.19

DATE: July 13, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Jeffrey Puentes -- President, Sacramento Registration Service

TITLE: None

ATTACHMT: Attached to letter dated 6/2/92 from Jeffrey Puentes to Chief Council, NHTSA (OCC 7402)

TEXT:

This responds to your request for information on laws and regulations administered by this agency that would apply to motorcycle frames, a product that your client wishes to manufacture and sell. Since motorcycle frames would constitute "motor vehicle equipment," the product would be subject to NHTSA's jurisdiction as follows.

Your letter stated that your client intends the frames to be sold to the "retail public" and to be used to replace frames of damaged Harley Davidson motorcycles. In a telephone conversation with Dorothy Nakama of my staff, you stated that your client is a domestic manufacturer, and the term "serial number" in your letter meant vehicle identification numbers (VINs), as specified by this agency.

The National Traffic and Motor Vehicle Safety Act (the Safety Act) authorizes this agency to regulate "motor vehicles" and items of "motor vehicle equipment." Section 102(4) of the Safety Act (15 U.S.C. 1391(4)) defines "motor vehicle equipment," in part, as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component ...

In your letter, you stated that your client intends its motorcycle frames to be used to replace frames in damaged motorcycles. Thus, the motorcycle frames would be "motor vehicle equipment" since they are "similar parts" that will be "sold for replacement" of a part.

If your client's motorcycle frames should be installed into a motorcycle by a commercial business, Section 108(a)(2)(A) of the Safety Act could affect such installations. That section of the Act requires manufacturers, distributors, dealers, and motor vehicle repair businesses to ensure that they do not knowingly render inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal Motor Vehicle Safety Standard (FMVSS).

The above-named businesses could sell the motorcycle frames but could not install them if the installation would adversely affect a motorcycle's compliance with any of the applicable FMVSS's. In the first instance, it would be the responsibility of these entities to determine whether there is any possibility of such an effect.

The prohibitions of Section 108(a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her motorcycle. Thus, a motorcycle owner would not violate the Safety Act by replacing the motorcycle

frame, even if doing so would adversely affect some safety feature in his or her motorcycle.

Manufacturers of motor vehicle equipment such as motorcycle frames are also subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. The Safety Act specifies that if either your client's company or this agency determines that a safety-related defect exists in the motorcycle frame, that company as the manufacturer must notify purchasers of the safety-related defect and must either:

(1) repair the product so that the defect is removed; or (2) replace the product with identical or reasonably equivalent products which do not have a defect.

Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than 8 years before the notification campaign.

You also asked about vehicle identification numbers (VINs) (referred to in your letter as "serial numbers") and whether motorcycle frames must be identified with VINs. As you may be aware, Federal Motor Vehicle Safety Standard No. 115; Vehicle identification number - basic requirements specifies that vehicles manufactured in one or more stages must have a VIN assigned by the manufacturer. Your client is a motorcycle frame manufacturer, not a motor vehicle manufacturer. Therefore, your client should not assign VINs to the motorcycle frames that it manufactures. Please note, however, that NHTSA regulations would not preclude your client from assigning "serial numbers" to the frames it manufactures, if the numbers are for its own inventory, recordkeeping, or other internal purposes.

You further requested information about laws regulating retail businesses that may affect your client. Other than the matters that have previously been discussed in this letter, NHTSA has no laws or regulations affecting your client as a retail business selling motorcycle frames. Regulation of retail businesses is generally a matter of state law. For more specific information, I would suggest you investigate the requirements for each state in which your client intends to begin a retail establishment.

For your information, I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. This sheet gives a brief description of our regulations and explains how to obtain copies of those regulations. 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.

ID: AmericanSweeperltr

Mr. Ranger Kidwell-Ross
Editor, American Sweeper Magazine
2778 Barrel Springs Road
Bow, WA 98232





Dear Mr. Kidwell-Ross:

This responds to your letter regarding small parking area sweepers.

You describe the process by which certain companies in the sweeper industry remove the beds of small pickup trucks manufactured by Dodge, Toyota, GM, Ford, and other manufacturers and mount, in their place, sweeper machinery. You ask whether any of this agency's safety requirements apply to such altered or modified vehicles. The answer is yes, but the particular requirements that apply depend on whether the company adding the sweeper machinery is considered an alterer of a vehicle prior to its first sale or a modifier of a used vehicle.

By way of background information, pursuant to the National Traffic and Motor Vehicle Safety Act, as amended, 49 U.S.C. 30101 et seq. (Safety Act), the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards (FMVSS) for new motor vehicles and new items of motor vehicle equipment. Under the Safety Act, manufacturers of vehicles and equipment have the duty to ensure that their vehicles and equipment meet all applicable standards and to certify them accordingly.

You indicate that the vehicles on which the sweeper machinery is being mounted are "completed vehicles." We assume, therefore, that prior to the sweeper machinery being mounted, these vehicles have been certified by their manufacturers as complying with all applicable FMVSS. You further indicate that the sweeper machinery is mounted to the vehicles either prior to being sold to consumers or after the vehicles are sold to consumers.

In the case of the vehicles upon which sweeper machinery is mounted prior to the first purchase in good faith of the vehicles for purposes other than resale, those companies would be considered "alterers." Persons are considered alterers if (1) they alter the vehicle in any manner "other than by the addition, substitution, or removal of readily attachable components . . . or minor finishing operations," or (2) they alter "the vehicle in such a manner that its stated weight ratings are no longer valid." 49 CFR 567.7. Since the conditions you describe involve the addition of equipment that is not readily attachable, the companies adding the sweeper machinery would be considered alterers.

As alterers, the companies would be subject to the certification requirements of 49 CFR 567.7. These requirements include provisions that the alterer supplement the existing manufacturer certification label, which must remain on the vehicle, by affixing an additional label. The label must state that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards. The label must also identify the alterer and the month and the year in which the alterations were completed.

In the case of the vehicles upon which sweeper machinery is mounted after the first purchase in good faith of the vehicles for purposes other than resale, those companies would be considered modifiers of used vehicles. Unlike alterers, modifiers of used vehicles are not required to affix a label stating that the vehicle, as modified, continues to conform to all applicable FMVSS. The only provision in Federal law that affects the vehicle's continuing compliance with applicable safety standards is set forth at 49 U.S.C. 30122, which states, in part, 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 or motor vehicle equipment in compliance with an applicable motor vehicle safety standard." Any person who will accept compensation to repair a vehicle is a motor vehicle repair business.

In general, this "make inoperative" provision would require any of these named entities to ensure that any additional equipment installed in a vehicle would not negatively affect the compliance of any component or design on the vehicle with applicable safety standards. Violations of 49 U.S.C. 30122 are punishable by civil penalties up to $5,000 per violation. The prohibition of Section 30122 does not apply to individual owners who install equipment in their own vehicles, but does apply to any person paid to do so. While it may not be a violation of law for individual owners to install themselves any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards, NHTSA encourages consumers not to degrade the safety of their vehicles or equipment.

Finally, you inquired as to the effect that the alteration or modification of these vehicles might have on the warranties supplied by the original vehicle manufacturers. Vehicle warranties do not fall within the purview of NHTSA; you may wish to contact the Federal Trade Commission, whose jurisdiction does include new vehicle warranties. You may also wish to contact individual States to determine whether there are any State requirements applicable to the alteration, modification, and warranty concerns you raised.

If you have any additional questions or would like to discuss this matter further, you may contact Robert Knop of this Office at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:567
d.4/2/02

ID: nht88-4.6

TYPE: INTERPRETATION-NHTSA

DATE: 11/09/88

FROM: JAMES A. LUTES -- KENTUCKY MANUFACTURING COMPANY

TO: ERIKA Z. JONES -- CHIEF COUNSEL N.H.T.S.A.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 06/19/88 FROM STEPHEN P. WOOD -- NHTSA TO JAMES A. LUTES; REDBOOK A33 [4]; VSA 102; STANDARD 108; LETTER DATED 10/28/88 FROM THOMAS A. COZ TO JIM LUTES RE CALIFORNIA CITATIONS HIGH MOUNTED TRAILER STOP LAMPS

TEXT: Dear Erika,

Kentucky Manufacturing Company at the request of numerous customers, including North American Van Lines of Fort Wayne, Indiana has been installing high mount stop and turn lights in the rear doors of van-type trailers; the height of these lights is appro ximately 12'-0" above ground level.

The above lights are in addition to the standard stop, tail, and turn lights that are located within the specified dimension range of 15" to 72" above ground level, as specified by F.M.V.S.S. #108.

Our interpertation of F.M.V.S.S. #108 is that all lights that are required by law have a specified location within given dimensions; extra lights may be installed on a trailer in any location as long as the extra lights do not obscure or hinder the ident ification of the lights required by law.

We are attaching a photograph showing the extra stop and turn lights in the rear doors. We are also attaching copies of citations issued to North American Van Lines drivers by California Highway Patrol. Also enclosed is a letter addressed to myself fro m North American Van Lines dated October 28, 1988 and signed by Mr. Thomas A. Coz, Senior Attorney at North American.

As stated on the citations, stop & turn signals mounted higher than 72" above ground are in violation (24603CVC).

We would appreciate very much your interpretation and/or clarification of the above situation.

Very truly yours,

Enclosures

[PHOTOGRAPHS OMITTED]

ID: nht95-2.21

TYPE: INTERPRETATION-NHTSA

DATE: April 7, 1995

FROM: James M. Hanson -- Chairman Engineering Committee, Transportation Safety Equipment Institute

TO: Phillip R. Recht, Chief Counsel, NHTSA

TITLE: Subject: Request For Interpretation Of FMVSS-108 Paragraph S5.7

ATTACHMT: ATTACHED TO 4/26/95 LETTER FROM JOHN WOMACK TO JAMES M. HANSON (A43; STD. 108)

TEXT: The Transportation Safety Equipment Institute (TSEI) serves manufactures of OEM and aftermarket motor vehicle safety devices and associated equipment including retroreflective tape.

FMVSS-108 states in Table 1 that a trailer 80 inches or more in width shall have a conspicuity treatment meeting the requirements of paragraph S5.7. Paragraph S5.7 states "each trailer of 80 or more inches overall width, and with a GVWR over 10,000 poun ds, manufactured on or after December 1, 1993, . . . . shall be equipped with either retroreflective sheeting that meets . . . ." The word "and" in this paragraph could cause some trailer manufacturers to think that both conditions must be present before tape is required on the trailer. Some trailer manufacturers could interpret this to avoid applying tape in the following conditions:

1. A trailer of 80 inches or more in width weighing less than 10,000 pounds GVWR.

2. A trailer of less than 80 inches in width weighing more than 10,000 pounds GVWR.

TSEI believes that to assure maximum safety for the motoring public retroreflective tape should be applied to trailers that meet the following requirements:

a). A trailer of 80 inches or more in width and a GVWR of 10,000 pounds or more.

b). A trailer of 80 inches or more in width and a GVWR of less than 10,000 pounds.

c). A trailer of less than 80 inches in width and a GVWR of 10,000 pounds or more.

The TSEI would appreciate the NHTSA's interpretation and comments on this issue.

ID: 006664drn

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

Dear Representative Chocola:

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

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

Transporting Students With Vans

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

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

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

15-Passenger Van Rollover Risk

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

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

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

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

The Multifunction School Activity Bus

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

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

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:571.3
d.10/1/03

ID: 10723-2

Ms. Merridy R. Gottlieb
4 Duchess Court
Baltimore, MD 21237

Dear Ms. Gottlieb:

This responds to your letter of February 14, 1995, requesting an "exemption" from the National Highway Traffic Safety Administration (NHTSA) to allow a business to modify your motor vehicle. Your letter states:

I am disabled and need 3-4" of additional room for the passenger seat to allow my legs to straighten on long trips. I have two replaced hips and arthritis in my knees. If I leave my legs slightly bent for long periods of time, I suffer too much pain to be active at the end of the drive. By allowing my legs to straighten all the way out, there is no pain at all.

You state that you were told that this modification cannot be done as it would "interfere with the functionality of the air bag."

In summary, our answer is that you may have your vehicle modified. NHTSA will not institute enforcement proceedings against a repair business that modifies the seat on your vehicle to accommodate your condition. A more detailed answer to your letter is provided below.

I would like to begin by clarifying that there is no procedure by which persons petition for and are granted an exemption from NHTSA to have a motor vehicle repair business modify their motor vehicle. Repair businesses are permitted to modify vehicles without obtaining permission from NHTSA to do so, but are subject to certain regulatory limits on the type of modifications they may make. In certain limited situations, we have exercised our discretion in enforcing our requirements to provide some allowances to a repair business which cannot conform to our requirements when making modifications to accommodate the special needs of persons with disabilities. Since your situation is among those given special consideration by NHTSA, this letter should provide you with the relief you seek.

Our agency is authorized to issue Federal Motor Vehicle Safety Standards (FMVSS) that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to certify that their products conform to our safety standards before they can be offered for sale. Manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable FMVSS. In general, the "make inoperative" prohibition would require repair businesses which modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable FMVSS. Violations of this prohibition are punishable by civil fines up to $1,000 per violation.

Moving a seat could affect compliance with Standard No. 208, Occupant Crash Protection. Standard No. 208 sets forth requirements for occupant protection at the various seating positions in a vehicles. Standard No. 208 requires that cars be equipped with automatic crash protection at the front outboard seating positions. Automatic crash protection systems protect their occupants by means that require no action by vehicle occupants. Compliance with the automatic crash protection requirements of Standard No. 208 is determined in a dynamic crash test. That is, a vehicle must comply with specified injury criteria, as measured on a test dummy, in a 30 mph barrier crash test. The two types of automatic crash protection currently offered are automatic safety belts (which help to assure belt use) and air bags (which supplement safety belts and offer some protection even when safety belts are not used).

Based on the information in your letter, it appears that the manufacturer of your vehicle installed air bags as the means of complying with Standard No. 208's requirement. Your modifier is concerned that the modification of the seat would "make inoperative" the air bag. I would like to note that accident data would suggest that a person is at greater risk of injury from an air bag from sitting too close to the air bag, rather than further away from the air bag. However, I understand that, due to the dynamic testing requirement, the modifier will be unable to ensure that the vehicle continues to comply with Standard No. 208's requirements.

In situations such as yours where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider any violations of the "make inoperative" prohibition a purely technical one justified by public need. As I have already noted above, NHTSA will not institute enforcement proceedings against a repair business that modifies the seat on your vehicle to accommodate your condition.

We caution, however, that only necessary modifications should be made to the seat, and the person making the modifications should consider the possible safety consequences of the modifications. For example, in moving a seat, it is critical that the modifier ensure that the seat is solidly anchored in its new location. You should also be aware that an occupant of a seat which has been moved rearward may have less protection in a crash if the seat is too far rearward relative to the anchorages of the safety belts for that seat. Finally, if you sell your vehicle, we encourage you to advise the purchaser of the modifications.

I hope this information has been helpful. If you have any other questions or need some additional information in this area, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:VSA#207#208 d:4/25/95