ID: 07-000301

ID: 19034.wkm

Mr. Joel A. Johnson
32732 SE 76^th Street
Fall City, WA 98024

Dear Mr. Johnson:

This responds to your letter to this office asking whether the DC-powered clutch actuator that you use to help activate the clutch in your semi-tractor is prohibited by the Department of Transportation (DOT). I regret the delay in responding. As explained below, an actuator is not prohibited by the National Highway Traffic Safety Administration (NHTSA). However, there are certain restrictions that apply to the installation, if the work is performed by a motor vehicle manufacturer, dealer, distributor, or repair business.

You state that using your leg to activate the clutch on your truck tractor aggravates your injured back, so you have been using the actuator device to assist in activating the clutch. Your employer told you that the device was not "DOT approved" and that use of this device might be breaking the law.

I would like to begin by noting that the Federal Highway Administration (FHWA) has responded to your inquiry on December 30, 1998, with respect to that agency's requirements. We understand that FHWA has determined that the device is permitted under that agency's regulations.

By way of background information, NHTSA has the authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Federal law establishes a self-certification system in which manufacturers certify that their products comply with all applicable FMVSSs. NHTSA neither approves, endorses, nor certifies compliance of any vehicle or item of equipment.

NHTSA has not issued any safety standard that directly applies to clutch devices such as your actuator. However, a motor vehicle manufacturer, dealer, distributor or repair business that installs such a device on a vehicle must ensure that it does not make inoperative any safety feature or device originally installed in or on a motor vehicle in accordance with applicable safety standards.

Individual owners are not subject to the "make inoperative" provision of our statute. That means you may modify your own vehicle without regard to Federal requirements. However, NHTSA recommends that owners not degrade the safety of their vehicles. Further, you may be well advised to check with your attorney, your state Department of Motor Vehicles, and/or your liability insurance carrier as to any state requirements regarding your clutch actuator and any additional potential civil liability you may incur as a result of having it installed in your tractor.

I hope this information is helpful to you.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref: mis
d.3/4/99

ID: 23189ogm

Mr. Mark Doody
Technical Manager
Timoney Group
Gibbstown
Navan, Co. Meath
Ireland





Dear Mr. Doody:

This responds to your recent electronic mail message requesting an interpretation of how Federal Motor Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems, applies to truck air brakes. Specifically, you ask whether it would be "legal" under the National Highway Traffic Safety Administration (NHTSA) standards for a 6 x 6 vehicle to have an emergency braking system using two "L-split" circuits. Your message describes the "L-split" as two circuits with each circuit braking one rear axle and one front wheel.

By way of background information, Congress has authorized NHTSA to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve or endorse motor vehicles or motor vehicle equipment. Instead, the statute establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

NHTSA has issued several standards applicable to brake systems. Standard No. 121 establishes performance and equipment requirements for braking systems on vehicles equipped with air brake systems, and applies to almost all new trucks, buses, and trailers equipped with air brake systems. I note that, under Standard No. 121, trucks equipped with air braked systems are effectively required to have a dual braking system that is commonly called a split braking system as the result of the requirements in S5.7.1 and S5.7.2. Section S5.7.1, which is referred to as "Emergency brake system performance," requires air braked trucks to comply with a performance requirement that sets forth the distances in which they must stop if there is a leakage failure in the brake system. Section S5.7.2 requires the emergency brake system to be operated by a service brake control.

Although the performance requirements of Standard No. 121 are usually met by use of a "split circuit" emergency braking system, the Standard does not explicitly require such a system or declare that any "split circuit" system have a particular configuration or design. What is required is that the emergency brake system meet all applicable performance requirements.

I hope this information is helpful. If you have any questions, please feel free to contact Otto Matheke at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel

ref:121

d.8/31/01

ID: 2662y

Mr. Gerald F. Vinci
Sun Refining and Marketing Company
Tenn Penn Center
1801 Market St.
Philadelphia, PA 19103-1699

Dear Mr. Vinci:

This responds to your August 14, 1990 letter and telephone calls about your plans to convert the fuel system on a vehicle from gasoline to propane. You said your company ("Sun Refining") would like to purchase a new vehicle and convert it for purposes of your own research, and will not be reselling the vehicle. You ask about the requirements that would apply to the conversion.

We do not have any requirements that would apply to the conversion if the conversion is made by Sun itself. The National Traffic and Motor Vehicle Safety Act and NHTSA's regulations generally do not apply to a vehicle after the vehicle is sold to a consumer (e.g., Sun) for purposes other than resale. Although the Act prohibits certain entities from tampering with or removing federally required safety features, the prohibition does not apply to modifications by a vehicle owner to his or her own vehicle.

However, in the event you have the conversion done by a party other than your company, Federal law may apply. Section 108(a)(2)(A) of the Safety Act prohibits vehicle manufacturers, distributors, dealers and repair businesses from knowingly rendering inoperative federally required safety features when modifying a vehicle. I have enclosed an information sheet that discusses the application of 108(a)(2)(A) to fuel system conversions.

NHTSA wishes to learn more about the safety of propane fuel systems and is considering a public announcement seeking information on various safety issues. We would, therefore, be interested in the results of your research when they're completed.

Even though your conversion would not be covered by the FMVSS's, we suggest you consult State law to see if the State has requirements for propane vehicles. In addition, other Federal agencies may have regulations for your vehicle. If your vehicle would be a commercial vehicle, the regulations of the Federal Highway Administration (FHWA) may apply. I have forwarded a copy of your letter to FHWA for their reply. You might also contact the Environmental Protection Agency (EPA) for information about the conversion. EPA's general telephone number is (202) 382-2090.

I hope this information is helpful. Please contact us if you have further questions.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosure /ref:301#VSA d:9/l7/90

ID: nht90-4.9

TYPE: Interpretation-NHTSA

DATE: September 17, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Gerald F. Vinci -- Sun Refining and Marketing Company

TITLE: None

ATTACHMT: Attached to letter dated 8-17-79 from F. Berndt (Signature by S.P. Wood); Also attached to letter dated 8-14-90 from G.F. Vinci to P.J. Rice (OCC 5121)

TEXT:

This responds to your August 14, 1990 letter and telephone calls about your plans to convert the fuel system on a vehicle from gasoline to propane. You said your company ("Sun Refining") would like to purchase a new vehicle and convert it for purposes o f your own research, and will not be reselling the vehicle. You ask about the requirements that would apply to the conversion.

We do not have any requirements that would apply to the conversion if the conversion is made by Sun itself. The National Traffic and Motor Vehicle Safety Act and NHTSA's regulations generally do not apply to a vehicle after the vehicle is sold to a cons umer (e.g., Sun) for purposes other than resale. Although the Act prohibits certain entities from tampering with or removing federally required safety features, the prohibition does not apply to modifications by a vehicle owner to his or her own vehicle .

However, in the event you have the conversion done by a party other than your company, Federal law may apply. Section 108(a)(2)(A) of the Safety Act prohibits vehicle manufacturers, distributors, dealers and repair businesses from knowingly rendering in operative federally required safety features when modifying a vehicle. I have enclosed an information sheet that discusses the application of S108(a)(2)(A) to fuel system conversions.

NHTSA wishes to learn more about the safety of propane fuel systems and is considering a public announcement seeking information on various safety issues. We would, therefore, be interested in the results of your research when they're completed.

Even though your conversion would not be covered by the FMVSS's, we suggest you consult State law to see if the State has requirements for propane vehicles. In addition, other Federal agencies may have regulations for your vehicle. If your vehicle woul d be a commercial vehicle, the regulations of the Federal Highway Administration (FHWA) may apply. I have forwarded a copy of your letter to FHWA for their reply. You might also contact the Environmental Protection Agency (EPA) for information about the conversion. EPA's general telephone number is (202) 382-2090.

I hope this information is helpful. Please contact us if you have further questions.

ID: 8326

March 30, 1993

Mr. Marty D. Pope President Wheels "R" Rollin, Inc. 6702 North Highway 66 Claremore, OK 74017

Dear Mr. Pope:

This responds to your February 18, 1993 letter to Walter Myers of this office. You stated in your letter and in telephone conversations with Mr. Myers that your firm obtains used wheels from salvage yards, mostly passenger car wheels, refurbishes them by sandblasting and refinishing them, then sells them to manufacturers of utility trailers. You asked how to "bring the wheels manufactured before 1977 up to standards" (referring to Federal Motor Vehicle Safety Standard No. 120, Tire selection and rims for motor vehicles other than passenger cars), and whether it is possible to "stamp the wheels previous to 1977 with a regulation code to approve their usability." "Wheels" refers to the wheel rim and the hub to which the rim is attached.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) (Safety Act) to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles (including trailers) and new items of motor vehicle equipment (including tires and wheels). The purpose of Standard 120 is to provide safe operational performance by ensuring that vehicles to which it applies are equipped with tires of adequate size and load rating and with rims of appropriate size and type designation. The standard applies to new trailers, and to rims manufactured on or after August 1, 1977. Violations of any of the standards are punishable by civil fines of up to $1,000 per violation, with a maximum fine of up to $800,000 for a related series of violations.

You ask about our requirements for the rims of the wheels you refurbish. The answer depends on whether the rim is intended to be installed on a new trailer or intended as a replacement rim for a used trailer.

If the rim is intended for a new trailer, the new trailer manufacturer must certify that the vehicle complies with Standard 120. Standard 120 establishes two requirements for the vehicle. First, S5.1.1 requires that the rims on a new trailer be listed by the manufacturer of the tires mounted on the trailer as suitable for use with those tires. Second, the rims on a new trailer must meet the rim marking requirements of S5.2 of Standard 120. Since the rims you refurbish were originally passenger car rims, they will not have the required markings, regardless of date of manufacture, because Standard 120 does not apply to passenger car rims. Therefore, trailer manufacturers may not install passenger car rims on new trailers unless those rims are marked in accordance with Standard 120.

If the rim is intended as a replacement rim on a used trailer, different requirements apply. The rim marking requirements of S5.2 of Standard 120 apply only to new rims manufactured on or after August 1, 1977. Refurbished wheels sold for used trailers are considered used wheels instead of new wheels for purposes of Standard 120, and are thus not subject to the rim marking requirements of the standard. As pointed out above, however, a new or refurbished rim installed on a new trailer must meet the rim selection and marking requirements of Standard 120 (S5.1.1 and S5.2).

Relatedly, you ask about marking a used rim with the information required by Standard 120 for new rims. Any rim, new or used, that is installed on a new vehicle must be marked with the "regulation code" (i.e., the "DOT" symbol constituting the manufacturer's certification of compliance with Standard 120) and the other information required by the standard. However, a rim manufactured prior to August 1, 1977, that is sold as a replacement rim must not be marked with the DOT symbol. NHTSA has long held that manufacturers may not show the DOT certification on items of motor vehicle equipment to which no Federal motor vehicle safety standard applies. The reason for that decision is that such a certification would be false and misleading to NHTSA and to consumers who might assume that the item was subject to and met a Federal safety standard. Thus, since Standard 120 does not apply to rims manufactured prior to August 1, 1977, such rims cannot now be marked with the DOT symbol.

You should also be aware of two other provisions of the Safety Act. The first provision is 108(a)(2)(A), which provides that no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly render inoperative, in whole or in part, any device or element of design installed on or in a new or used motor vehicle or item of motor vehicle equipment in compliance with an applicable FMVSS. This means that a person in these categories cannot remove the label information required by Standard 120 during the refurbishing process.

Second, under 151-157 of the Safety Act, manufacturers of motor vehicles and items of motor vehicle equipment (e.g., wheel rims) are responsible for safety-related defects in their products. If a manufacturer or NHTSA determines that a safety- related defect exists, the manufacturer must notify purchasers of the product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which a defective wheel rim is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) A refurbished rim that had been previously damaged (e.g., cracked, bent, or pitted) might not be capable of performing safely while in service.

For your further information, I am enclosing a pamphlet issued by this agency entitled Federal Motor Vehicle Safety Standards and Regulations and a fact sheet entitled Where to Obtain NHTSA's Safety Standards and Regulations. The pamphlet briefly summarizes each of our Federal motor vehicle safety standards and the fact sheet advises where to obtain the full text of those standards and our other regulations. You may also find helpful the attached fact sheet entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.

We also note that the Occupational Safety and Health Administration (OSHA) has a regulation on the refurbishing of damaged rim components. You can contact OSHA at (202) 219- 7202, ATTN: Mr. Richard Sauger, for information about that regulation.

I hope this information is will be of assistance to you. Should you have any further questions, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosures ref:120 d:3/31/93

ID: nht93-2.34

DATE: March 30, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Marty D. Pope -- President, Wheels "R" Rollin, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 2-18-93 from Marty D. Pope to Walter Myers (OCC 8326)

TEXT: This responds to your February 18, 1993 letter to Walter Myers of this office. You stated in your letter and in telephone conversations with Mr. Myers that your firm obtains used wheels from salvage yards, mostly passenger car wheels, refurbishes them by sandblasting and refinishing them, then sells them to manufacturers of utility trailers. You asked how to "bring the wheels manufactured before 1977 up to standards" (referring to Federal Motor Vehicle Safety Standard No. 120, TIRE SELECTION AND RIMS FOR MOTOR VEHICLES OTHER THAN PASSENGER CARS), and whether it is possible to "stamp the wheels previous to 1977 with a regulation code to approve their usability." "Wheels" refers to the wheel rim and the hub to which the rim is attached.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 ET SEQ.) (Safety Act) to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles (including trailers) and new items of motor vehicle equipment (including tires and wheels). The purpose of Standard 120 is to provide safe operational performance by ensuring that vehicles to which it applies are equipped with tires of adequate size and load rating and with rims of appropriate size and type designation. The standard applies to new trailers, and to rims manufactured on or after August 1, 1977. Violations of any of the standards are punishable by civil fines of up to $1,000 per violation, with a maximum fine of up to $800,000 for a related series of violations.

You ask about our requirements for the rims of the wheels you refurbish. The answer depends on whether the rim is intended to be installed on a new trailer or intended as a replacement rim for a used trailer.

If the rim is intended for a new trailer, the new trailer manufacturer must certify that the vehicle complies with Standard 120. Standard 120 establishes two requirements for the vehicle. First, S5.1.1 requires that the rims on a new trailer be listed by the manufacturer of the tires mounted on the trailer as suitable for use with those tires. Second, the rims on a new trailer must meet the rim marking requirements of S5.2 of Standard 120. Since the rims you refurbish were originally passenger car rims, they will not have the required markings, regardless of date of manufacture because Standard 120 does not apply to passenger car rims. Therefore, trailer manufacturers may not install passenger car rims on new trailers unless those rims are marked in accordance with Standard 120.

If the rim is intended as a replacement rim on a used trailer, different requirements apply. The rim marking requirements of S5.2 of Standard 120 apply only to NEW rims manufactured on or after August 1, 1977. Refurbished wheels sold for used trailers are considered used wheels instead of new wheels for purposes of Standard 120, and are thus not subject to the rim marking

requirements of the standard. As pointed out above, however, a new or refurbished rim installed on a new trailer must meet the rim selection and marking requirements of Standard 120 (S5.1.1 and S5.2).

Relatedly, you ask about marking a used rim with the information required by Standard 120 for new rims. Any rim, new or used, that is installed on a new vehicle must be marked with the "regulation code" (i.e., the "DOT" symbol constituting the manufacturer's certification of compliance with Standard 120) and the other information required by the standard. However, a rim manufactured prior to August 1, 1977, that is sold as a replacement rim must not be marked with the DOT symbol. NHTSA has long held that manufacturers may not show the DOT certification on items of motor vehicle equipment to which no Federal motor vehicle safety standard applies. The reason for that decision is that such a certification would be false and misleading to NHTSA and to consumers who might assume that the item was subject to and met a Federal safety standard. Thus, since Standard 120 does not apply to rims manufactured prior to August 1, 1977, such rims cannot now be marked with the DOT symbol.

You should also be aware of two other provisions of the Safety Act. The first provision is S108(a)(2)(A), which provides that no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly render inoperative, in whole or in part, any device or element of design installed on or in a new or used motor vehicle or item of motor vehicle equipment in compliance with an applicable FMVSS. This means that a person in these categories cannot remove the label information required by Standard 120 during the refurbishing process.

Second, under S151-157 of the Safety Act, manufacturers of motor vehicles and items of motor vehicle equipment (e.g., wheel rims) are responsible for safety-related defects in their products. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of the product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which a defective wheel rim is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) A refurbished rim that had been previously damaged (e.g., cracked, bent, or pitted) might not be capable of performing safely while in service.

For your further information, I am enclosing a pamphlet issued by this agency entitled FEDERAL MOTOR VEHICLE SAFETY STANDARDS AND REGULATIONS and a fact sheet entitled WHERE TO OBTAIN NHTSA'S SAFETY STANDARDS AND REGULATIONS. The pamphlet briefly summarizes each of our Federal motor vehicle safety standards and the fact sheet advises where to obtain the full text of those standards and our other regulations. You may also find helpful the attached fact sheet entitled INFORMATION FOR NEW MANUFACTURERS OF MOTOR VEHICLES AND MOTOR VEHICLE EQUIPMENT.

We also note that the Occupational Safety and Health Administration (OSHA) has a regulation on the refurbishing of damaged rim components. You can contact OSHA at (PHONE NUMBER) for information about that regulation.

I hope this information is will be of assistance to you. Should you have any further questions, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

ID: ES05-007900drn

The Honorable J. Randy Forbes
Member, U.S. House of Representatives
2903 Boulevard, Suite 8
Colonial Beach, VA 23834




Dear Congressman Forbes:

Thank you for your inquiry on behalf of your constituent, Mr. Chris Thompson of Richmond, who asks about our school bus regulations.

Mr. Thompson is the director of administrative support services for Jackson-Feild Homes (Jackson-Feild), a residential group home. Jackson-Feild is preparing to purchase a 12-passenger van. The motor vehicle dealership asks that Mr. Thompson provide a statement that Jackson-Feild is "purchasing this vehicle in compliance with Federal Regulations".

Mr. Thompson describes his facility as follows:

Jackson-Feild Homes is a residential group home for abused adolescent females ages 11 to 17 and their babies. Many of our residents exhibit behavioral problems because of previous abuse and neglect. Jackson-Feild Homes operates 4 cottages (units). The units are designed to assist the girls with management of their behaviors through a well established behavioral management program which utilizes a points and level system in order to set limits and maintain structure. The girls also receive therapy services on site. The girls live on campus, eat in our cafeteria, and go to Gwaltney School which is located on our campus. Our girls walk to school from their dormitories. We do not transport day students to the school. In order to attend our school, the child must live on campus. Gwaltney School is a fully accredited private school licensed by the [Virginia] Department of Education.

We currently operate Windstar type vans (7 passenger), a Ford Taurus (5 passenger) and several 12 and 15 passenger Ford Vans. We use these vehicles to transport residents to doctors appointments, the movies, skating, etc. Each living unit is assigned a vehicle. Each living unit houses between 10 and 14 residents. We also

have transportation staff which assist the unit staff in transporting residents. Our school also takes an occasional field trip and we use the previously stated vehicles to transport our residents to the field trips. The school conducts an average of 4 field trips a year. These field trips are the only trips associated with the school. All other transports are related to unit (dormitory) activities.

Discussion

By way of background, the National Highway Traffic Safety Administration (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 requires any person selling a new vehicle to sell a vehicle that meets all applicable FMVSSs. Accordingly, persons selling a new "school bus" must sell a vehicle that meets the FMVSSs applying to school buses. Our statute defines a "school bus" as any vehicle that is designed to carry 11 or more persons and which is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events.

Over the years, we have been asked to interpret how our school bus regulations apply to vehicles sold to residential treatment facilities (see a July 15, 1999, letter to Ms. Sharon Elsenbeck and an April 8, 1998, letter to Mr. Gary Hammontree, copies enclosed). However, unlike the Jackson-Feild Homes, these facilities did not have a school as part of their facility.

Federal law has been revised since the letters to Mr. Hammontree and Ms. Elsenbeck. On August 10, 2005, P.L. 109-59, the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA-LU) was enacted. Section 10309 states in part:

a school or school system may not purchase or lease a new 15-passenger van if it will be used significantly by, or on behalf of, the school or school system to transport preprimary, primary, or secondary school students to or from school or an event related to school, unless the 15-passenger van complies with the motor vehicle standards prescribed for school buses and multifunction school activity buses under this title.

For purposes of Section 10309, 15-passenger van is defined as:"a vehicle that seats 10 to 14 passengers, not including the driver". The civil penalty for a violation of Section 10309 is $10,000, with a maximum penalty of $15,000,000 for a related series of violations.

The relationship between Jackson-Feild and Gwaltney school is unclear to us. We cannot determine, based on Mr. Thompsons information in his letter, that Jackson-Feild is a separate entity from the Gwaltney School. Because of this possible exposure to the new statutory civil penalty provision for purchases of new "15-passenger vans" (which, by definition, includes purchases of 12-passenger vans), we recommend that Mr. Thompson consult a private attorney about the implications associated with Jackson-Feilds purchase of a van that did not meet the school bus safety standards if the facility were subsequently deemed to be a "school".

Before Mr. Thompson makes a decision about buying a vehicle, we wish to emphasize that school buses are one of the safest forms of transportation in this country. We therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSAs school bus safety standards. NHTSA created a vehicle type, the multi-function school activity bus (MFSAB), for situations similar to that of Mr. Thompson. A MFSAB is a bus that is certified as meeting the school bus standards and therefore provides a comparable level of crash-worthiness safety as does a school bus. The main difference between MFSABs and school buses is that MFSABs do not have traffic control features such as the school bus stop arm and the rear flashing lamps.

We note also that State law determines the requirements that apply to the use of school vehicles. Thus, whether Jackson-Feild can use vans to transport the children is determined by Virginia law. For information on Virginias requirements, Mr. Thompson may contact Virginias State Director of Pupil Transportation:

June Eanes
Associate Director, Pupil Transportation
Virginia Department of Education
P.O. Box 2120
Richmond, VA 23218-2120
Phone: 804-225-2037
e-mail:jeanes@mail.vak12ed.edu

If you have any further questions about NHTSAs programs please feel free to have your staff contact Dorothy Nakama, Attorney-Advisor, or me at this address, or at (202) 366-2992.

Sincerely,

Stephen P. Wood
Acting Chief Counsel

Enclosures
cc: Washington Office
ref:VSA#571.3
d.11/4/05

ID: 10-004510ws Savidge

ID: 21278tvneb

Mr. Shigeyoshi Aihara
Project Manager, Regulation and Compliance
Engineering Administration Department
Ichikoh Industries, Ltd.
80 Itado Ischara City
Kanagawa - Pref 259-1192
JAPAN

Dear Mr. Aihara:

This responds to your December 23, 1999, letter regarding the acceptability of the Safety Vision Camera Monitor System for use in the North American automotive market.

You stated in your letter that your company produces the Safety Vision Camera Monitor System, which is a camera and display monitor system that provides visibility directly behind a vehicle on which the system is installed. The system you describe is composed of a camera and monitor display. The monitor display, which has two variations (Type A: LCD monitor built into the interior rearview mirror and Type B: 5.8 inch monitor display), is automatically switched on when the ignition switch and the reverse gear are engaged and allows the driver to see the area behind the truck. The intent is to make visible the area behind the vehicle where a "blind spot" typically exists. As you state, the system will be installed in multipurpose passenger vehicles, trucks, and buses as an aftermarket product. If a vehicle has an inside rearview mirror, you intend the monitor to replace the mirror. Otherwise, the monitor display will be newly installed.

As a preliminary matter, the laws and regulations that the National Highway Traffic Safety Administration (NHTSA) administers are applicable only in the United States. You should contact the officials of other North American countries to answer your questions about the acceptability of your system in those countries.

By way of background information, the 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. Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply withy all applicable standards. 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 standards by purchasing vehicles and equipment and testing them. We also investigate safety-related defects.

We would classify the Safety Vision Camera Monitor System as an item of motor vehicle equipment regulated by NHTSA. Our statute defines "motor vehicle equipment" in 49 U.S. Code (U.S.C.) 30102(a)(7)(B) in relevant part as any system, part, or component "sold ... as an accessory or addition to a motor vehicle." An item of equipment 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 Safety Vision Camera Monitor System 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 Safety Vision Camera Monitor System in the brochure make it clear that the Safety Vision Camera Monitor System is intended to be purchased and principally used by ordinary users of motor vehicles, mostly truck drivers, to monitor the area behind the truck which is typically a "blind spot."

While the Safety Vision Camera Monitor System is a motor vehicle accessory, NHTSA has not issued any FMVSSs establishing performance standards directly applicable to this product. We have ongoing rulemaking considering establishing performance for rear object detection systems (e.g., video, sonic, mirror systems, etc.). We expect to publish an Advanced Notice of Proposed Rulemaking (ANPRM) on this in the near future. However, the manufacturer, whether you or a licensee, is subject to the requirements of 49 U.S.C. 30118-30121 (copy enclosed) which set forth the notification and remedy (recall) requirements 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. The installation of the Safety Vision Camera Monitor System by a commercial entity is also subject to certain restrictions, as discussed below.

Our statute at 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 Safety Vision Camera Monitor System could not be installed by any of those entities if such use would adversely affect the compliance of a vehicle with any FMVSS.

NHTSA has issued Standard No. 111, Rearview Mirrors, to establish performance and location requirements for rearview mirrors in each new motor vehicle. "Inside" rearview mirrors are required for "multipurpose passenger vehicles, trucks, and buses, other than school buses, with GVWR of 4,536 kg or less," under one alternative of the standard (paragraph (a) of S6.1). If a vehicle manufacturer met Standard No. 111's requirements by way of an inside rearview mirror, an entity listed in 49 U.S.C. 30122 could not replace the mirror with your camera monitor system, unless the system continued to meet the performance and scope of view requirements of the standard. Inside rearview mirrors are not required for multipurpose passenger vehicles, trucks, and buses with GVWR greater than 4,536 kg. The installation of your camera monitor system in those vehicles would not interfere with the operation of a required "inside" rearview mirror and thus would be permitted. However, the vehicles will continue to be subject to the rearview mirror requirements of sections S6, S7 and S8 of Standard No. 111 and all other relevant requirements.

Next, I would like to draw your attention to one requirement of Standard No. 101, Controls and Displays. Section S5.3.5 of that standard reads as follows:

Any source of illumination within the passenger compartment which is forward of a transverse vertical plane 110 mm rearward of the manikan "H" point with the driver's seat in its rearmost driving position, which is not used for the controls and displays regulated by this standard, which is not a telltale, and which is capable of being illuminated while the vehicle is in motion, shall have either (1) light intensity which is manually or automatically adjustable to provide at least two levels of brightness, (2) a single intensity that is barely discernible to a driver who has adapted to dark ambient roadway conditions, or (3) a means of being turned off. This requirement does not apply to buses that are normally operated with the passenger compartment illuminated.

The purpose of this requirement is to prevent glare visible to the driver. The monitor's glare should be controlled as described in S5.3.5.

Also, I would like to draw your attention to Standard No. 201, Occupant Protection in Interior Impact, which applies to "....multipurpose passenger vehicles, trucks, and buses, with a GVWR of 4,536 kilograms or less." You should carefully review this standard to determine whether installation of the Safety Vision Camera Monitor System in vehicles subject to Standard No. 201 would affect a vehicle's compliance with the standard.

The "make inoperative" provision does not apply to equipment attached to or installed on or in a vehicle by the vehicle owner. However, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles, including those required by Standard Nos. 101, 111 and 201, as discussed above.

I note that the Department's Office of Motor Carrier Safety has jurisdiction over interstate motor carriers operating in the U.S. You should contact that office at (202) 366-4012 for information about any requirements that may apply to your product. In addition, states have the authority to regulate the use and licensing of vehicles operating within their jurisdictions and may prohibit monitor displays. Therefore, you should therefore check with the Department of Motor Vehicles in any state in which the equipment will be sold or used.

Also, there is a procedural regulation that you need to meet to import your Safety Vision Camera Monitor System into the United States. 49 CFR Part 551, "Procedural Rules," requires the actual manufacturer of foreign-manufactured motor vehicle equipment to designate a permanent resident of the United States as the manufacturer's agent for service of process in this country. The designation of the agent for the service of process must contain the following six items in order to be valid under section 551.45:

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

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

3. Marks, trade names, or other designations of the origin of any of the manufacturer's products which do not bear its name;

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

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

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

In addition, the designation must be signed by one with authority to appoint the agent, and the signer's name and title should be clearly indicated beneath his or her signature. This designation should be mailed to the address shown in section 551.45(b).

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. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:111#101#201
d.4/21/2000