NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
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ID: aiam3361OpenMr. T. M. Birdwell, General Electric Company, Silicone Products Division, 9119 Gaither Road, Gaithersburg, Maryland 20760; Mr. T. M. Birdwell General Electric Company Silicone Products Division 9119 Gaither Road Gaithersburg Maryland 20760; Dear Mr. Birdwell: This responds to your letter of July 30, 1980, concerning Federal Moto Vehicle Safety Standard 116, in which you inquired about the definition of 'purple' as specified for the color of DOT 5 brake fluid. During a telephone conversation regarding the question on September 2, 1980, with Edward Glancy of this office, you suggested that specific color coordinated be established and expressed concern about another manufacturer's DOT 5 brake fluid that appears to be blue rather than purple.; Paragraph S5.1.14 of the standard states: 'Brake fluid and hydrauli system mineral oil manufactured on or after September1, 1978, shall be of the color indicated:... DOT 5 -- purple.' This is in contrast to the color specification of DOT 3 nd DOT 4 brake fluid which are required to be colorless to amber and hydraulic system mineral oil which is required to be green.; The major purpose of the color coding requirements is to permit eas identification of fluids before they are placed in a vehicle, in order to prevent the mixing of an incompatible fluid in a braking system. See notice 12 of Docket 71-13, published in the Federal Register (41 FR 54942, 54943) on December 16, 1976. At an early stage in the rulemaking process, the Agency did propose color requirements defined in terms of millimicrons. See notice 5 of Docket 71-13, published in the Federal Register (i38 FR 32142, 32144) on November 21, 1973. (The colors proposed at that time were later changed.) Later, however, the Agency determined that visual inspection for color compliance was adequate and the proposed wavelength bands were deleted. See notice 6 of Docket 71-13, published in the Federal Register (39 FR 30353) on August 22, 1974.; As you noted in your letter, Notice 10 of Docket 71-13, published i the Federal Register 40 FR 56928) on December 5, 1975, does explain:; >>>...The specifications for fluid color are intended to refer to colo ranges as generally interpreted in daylight by persons of normal color vision. No color coordinates are proposed, since the fluids may change color in storage or in use (without detriment to the performance of the fluids).<<<; Establishing specific color coordinates would require rulemakin proceedings in accordance with agency regulations. If you believe that coordinates ought to be established, you may wish to consider submitting a petition for rulemaking to amend FMVSS 116. The procedures for submitting such a petition are set forth at 49 CFR Part 552. If you should submit a petition, we would like to see it address the issue of why visual inspection for color compliance is inadequate and what type of definition should be established.; If you believe that another manufacturer is in noncompliance wit Standard 116, we suggest that you send the relevant information to our Office of Vehicle Safety Compliance for enforcement purposes.; We have enclosed copies of the Federal Register notices referred to b this letter.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam5221OpenMr. Ron Marion Sales Engineer Thomas Built Buses, Inc. P.O. Box 2450 1408 Courtesy Road High Point, N.C. 27261; Mr. Ron Marion Sales Engineer Thomas Built Buses Inc. P.O. Box 2450 1408 Courtesy Road High Point N.C. 27261; "Dear Mr. Marion: This responds to your inquiry about the applicabilit of Standard No. 131, School Bus Pedestrian Safety Devices, to school buses you wish to sell to a customer in the United States Virgin Islands. You stated that these buses will be built as right hand drive vehicles with the entrance door located on the left side, since vehicles are driven on the left side of the road in this jurisdiction. You asked whether you can install, on the right side of the bus, the stop signal arm that is required by FMVSS 131. The answer is yes. The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381, 'Safety Act') requires new school buses sold in this country and in the U.S. Virgin Islands to comply with all applicable Federal school bus safety standards. (See, 15 U.S.C. 1391(8) for reference to the Virgin Islands.) Standard No. 131 requires school buses to be equipped with a stop signal arm 'on the left side of the bus.' (S5.4) The purpose of this standard is 'to reduce deaths and injuries by minimizing the likelihood of vehicles passing a stopped school bus and striking pedestrians in the vicinity of the school bus.' (S2) When NHTSA specified that the stop arm must be placed on 'the left side of the bus,' the agency meant the driver's side. Comments to the notice of proposed rulemaking (NPRM) and preamble of NHTSA's final rule all assumed that the left side of the bus meant the driver's side. (56 FR 20363, 20367). For example, while endorsing the proposed requirement for the stop arm, several commenters stated that an arm is needed near the driver's window. Moreover, S5.4.1(b) states that, for locating the arm, 'the top edge of the stop signal arm is parallel to and not more than 6 inches from a horizontal plane tangent to the lower edge of the frame of the passenger window immediately behind the driver's window.' (Emphasis added). This provision indicates that the agency assumed that the 'left' side is the driver's side. Further, a stop arm would not be needed on the non-traffic side of the vehicle. Since the left side is not the driver's side for the school buses in question, the agency's general assumption was incorrect. In light of your letter, we will issue a technical amendment of Standard 131 so that S5.4 will require the stop signal arm on the driver's side of the bus. Until the amendment is issued, we will not take enforcement action regarding a manufacturer's locating a right hand drive school bus with a stop signal arm on the bus's driver's side. I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam3610OpenMr. Darnley M. Howard, Director, Office of Safety and Health, United States Postal Service, 475 L'Enfant Plaza, S.W., Washington, DC 20260; Mr. Darnley M. Howard Director Office of Safety and Health United States Postal Service 475 L'Enfant Plaza S.W. Washington DC 20260; Dear Mr. Howard: This responds to your August 18 letter to Roger Fairchild of thi office, regarding the use of cross-view mirrors on certain Postal Service vehicles. These mirrors are convex and have a non-uniform radius of curvature. They would be used to assist drivers in viewing the area immediately in front of the vehicle.; Federal Motor Vehicle Safety Standard No. 111 sets forth rear vie mirror requirements for new motor vehicles. Vehicles such as Postal Service trucks are required to comply with one of three specified alternative sets of requirements for mirror systems. The first alternative requires a plane inside mirror providing a specified field of view and a plane exterior driver side mirror, also providing a specified field of view. The second alternative is the same as the first, except that it permits the interior mirror to have a more narrow field of view as long as the vehicle also uses an exterior mirror on the passenger side. The third alternative requires two plane exterior mirrors of at least 19.5 square inches surface area each, with one placed on the driver's side and the other on the passenger's side of the vehicle.; The agency has taken the position that mirrors used on a vehicle i addition to the required mirrors are not subject to any requirements of FMVSS 111. If the cross-view mirrors you wish to use would supplement mirrors which fully comply with one of the alternatives in the standard, the installation of the cross-view mirrors on new Postal Service trucks is in no way prohibited by our standard.; Further, our requirements do not apply to aftermarket modifications t the original equipment mirror system, when those modifications are performed by the vehicle owner. Modifications to the required system would be deemed unlawful only if done by vehicle manufacturers, distributors, dealers, or motor vehicle repair businesses. Thus, the use of the cross-view mirrors is permissible in any case, so long as one of these designated businesses does not perform the modification. However, we recommend that the cross-view mirror be used in addition to the original equipment mirrors, and not as a substitute for those mirrors. Based on our experience with non-uniform radius mirrors, these mirrors should not be used when the vehicle is in motion, since the mirror produces an image which can distort distances. Rather, the mirror should be used to detect people in front of the vehicle while the vehicle is stopped.; NHTSA would appreciate the opportunity to review the results of you test program once it is completed. If we can be of assistance to you in evaluating the mirrors, please feel free to contact us.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3390OpenMr. Richard A. Rechlicz, N88 W16414 Main Street, Menomonee Falls, WI 53051; Mr. Richard A. Rechlicz N88 W16414 Main Street Menomonee Falls WI 53051; Dear Mr. Rechlicz: This responds to your December 18, 1980, letter asking severa questions about the application of Standard No. 217, *Bus Window Retention and Release*, to school buses.; First, you refer to paragraphs (a) and (b) of S5.2.3.1 and questio which paragraph establishes the minimum safety level. Since paragraph (a) was first proposed and subsequently modified by the addition of paragraph (b), you believe that paragraph (a) defines the minimum level of safety while paragraph (b) meets or exceeds that level of safety. This reading of the standard is not completely accurate. Paragraph (a) of that section was the first part of the section to be proposed. Before the rule became effective, however, the proposal was amended to include paragraph (b). Accordingly, both paragraphs must be read together as defining the minimum mandatory safety performance requirement.; Second, you ask for our opinion of the preemption clause in th National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392(d)). You state that your interpretation is that no State or local government may adopt a safety standard applicable to the same aspect of performance as a Federal standard unless it is identical to the Federal standard. An exception exists for standards applicable to vehicles purchased for the State's or the local government's own use. This is an accurate reading of the preemption clause, however, a major area of contention frequently arises around what constitutes the same aspect of performance as a Federal standard.; Third, you ask whether the Federal government, through Standard No 217, has preempted States from regulating unobstructed openings for purposes of emergency exits. As you are aware, the standard states that the emergency exit opening must be of a certain size. Further, the standard specifies the location of one of the seats at the forwardmost side of the emergency exit. These are the agency's only requirements relating to the unobstructed emergency exit opening. With respect to whether a State could regulate further in this area, it would depend upon the type of regulation the State adopted. For example, a regulation that governed the size of the opening or the location of the forwardmost seat would probably be preempted. However, a regulation that required an aisle leading to the side emergency door would not likely be preempted, since the Federal government does not regulate aisles in buses.; Your fourth question asks us to comment on whether a Wisconsin statut requires aisles in school buses. The agency does not issue interpretations of State statutes. You should contact appropriate State officials for this information.; Finally, you recite a Wisconsin definition of emergency door zone whic states that it is 'the area inside the vehicle required by FMVSS 217 to be unobstructed at the emergency exit...' You then ask whether there are any such zones on buses constructed with side emergency exits. The agency, as stated above, requires an unobstructed opening at each exit (S5.2.3.1). If Wisconsin defines this as a zone, then such a zone exists in buses for purposes of the Wisconsin statute.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam5224OpenMr. Ron Marion Sales Engineer Thomas Built Buses, Inc. P.O. Box 2450 1408 Courtesy Road High Point, N.C. 27261; Mr. Ron Marion Sales Engineer Thomas Built Buses Inc. P.O. Box 2450 1408 Courtesy Road High Point N.C. 27261; "Dear Mr. Marion: This responds to your inquiry about the applicabilit of Standard No. 131, School Bus Pedestrian Safety Devices, to school buses you wish to sell to a customer in the United States Virgin Islands. You stated that these buses will be built as right hand drive vehicles with the entrance door located on the left side, since vehicles are driven on the left side of the road in this jurisdiction. You asked whether you can install, on the right side of the bus, the stop signal arm that is required by FMVSS 131. The answer is yes. The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381, 'Safety Act') requires new school buses sold in this country and in the U.S. Virgin Islands to comply with all applicable Federal school bus safety standards. (See, 15 U.S.C. 1391(8) for reference to the Virgin Islands.) Standard No. 131 requires school buses to be equipped with a stop signal arm 'on the left side of the bus.' (S5.4) The purpose of this standard is 'to reduce deaths and injuries by minimizing the likelihood of vehicles passing a stopped school bus and striking pedestrians in the vicinity of the school bus.' (S2) When NHTSA specified that the stop arm must be placed on 'the left side of the bus,' the agency meant the driver's side. Comments to the notice of proposed rulemaking (NPRM) and preamble of NHTSA's final rule all assumed that the left side of the bus meant the driver's side. (56 FR 20363, 20367). For example, while endorsing the proposed requirement for the stop arm, several commenters stated that an arm is needed near the driver's window. Moreover, S5.4.1(b) states that, for locating the arm, 'the top edge of the stop signal arm is parallel to and not more than 6 inches from a horizontal plane tangent to the lower edge of the frame of the passenger window immediately behind the driver's window.' (Emphasis added). This provision indicates that the agency assumed that the 'left' side is the driver's side. Further, a stop arm would not be needed on the non-traffic side of the vehicle. Since the left side is not the driver's side for the school buses in question, the agency's general assumption was incorrect. In light of your letter, we will issue a technical amendment of Standard 131 so that S5.4 will require the stop signal arm on the driver's side of the bus. Until the amendment is issued, we will not take enforcement action regarding a manufacturer's locating a right hand drive school bus with a stop signal arm on the bus's driver's side. I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam5281Open"Herr Dr. Thomas L ckemeyer ITT Automotive Europe Bietigheim-Bissingen Dept. VER/LB"; "Herr Dr. Thomas L ckemeyer ITT Automotive Europe Bietigheim-Bissingen Dept. VER/LB"; "FAX 07142/73-2895 Dear Dr. L ckemeyer: This responds to your FAX o December 10, 1993, to Taylor Vinson of this Office. You have asked the following questions with respect to the permissibility of rear fog lamps on U.S. cars: 'Is the rear fog lamp in a combined rear lamp unit permissible in all the states of the U.S.? There is no statement in the FMVSS 108.' Paragraph S5.1.3. of Standard No. 108 prohibits the installation as original equipment of additional lamps such as rear fog lamps if the additional lamp 'impairs the effectiveness of lighting equipment required by the standard.' The determination of whether a rear fog lamp in a combined rear lamp unit impairs the effectiveness of other lighting equipment is initially that of the manufacturer of the vehicle on which the lamp is installed. Unless such a determination is clearly erroneous, this agency will not question it. We do not know whether a rear fog lamp in a combined rear lamp unit is permissible in all the States. Because a fog lamp is not required motor vehicle equipment under Federal law, each State in which it is used may regulate it according to its own laws. We are unable to advise you on the laws of the individual States, and suggest that you ask the American Association of Motor Vehicle Administrators (AAMVA) for an opinion. Its FAX number is 001 703 522 1553, and its address is 4600 Wilson Boulevard, Arlington, Virginia 22203. 'Which photometric requirements do we have to fulfill for the rear fog lamp?' There are no Federal requirements that apply to rear fog lamps, and, as noted above, we are not conversant with state requirements. For your information, the latest specification of the Society of Automotive Engineers for this item of equipment is SAE Recommended Practice J1319 AUG87 'Fog Tail Lamp (Rear Fog Light) Systems.' 'Is the certification of the combined rear lamp unit binding upon the whole states of the U.S.?' No. The certification of the vehicle manufacturer is its representation that the vehicle complies with all applicable Federal motor vehicle safety standards, including paragraph S5.1.3 of Standard No. 108. A State has no authority to question this certification. However, a State is permitted to have a State vehicle lighting standard provided that the State lighting standard is identical to the Federal lighting standard in those areas covered by the Federal lighting standard. Under these circumstances, a State may enforce the State lighting standard even if the vehicle is certified as conforming to the Federal lighting standard. Furthermore, a State may have its own State lighting standard in those areas where there is no Federal lighting standard, such as fog lamps. 'Do you have a list of lighting equipment for cars and the necessary requirements in the different states of the U.S.' AAMVA may be able to provide you with this information as we are unable to. Because State requirements must be identical with respect to the lighting equipment required by Standard No. 108, State specifications and prohibitions will differ only with respect to supplementary lighting equipment not covered by Standard No. 108 such as cornering lamps and front and rear fog lamps. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam5142OpenMr. Milford R. Bennett Acting Director Automotive Safety Engineering GM Environmental and Energy Staff Box 9055 Warren, MI 48090-9055; Mr. Milford R. Bennett Acting Director Automotive Safety Engineering GM Environmental and Energy Staff Box 9055 Warren MI 48090-9055; "Dear Mr. Bennett: We have received the petition by General Motors (GM for temporary exemption of a fleet of approximately 50 GM electric vehicles (GMEVs) from several Federal motor vehicle safety standards. GM would retain title to and ownership of the GMEVs which would be provided to private individuals and used for demonstration purposes over a 2-year period. The exemptions would be effective October 1, 1993. For the reasons set forth below, we are unable to consider the petition in its present form, and recommend that you either supplement it or withdraw and resubmit it when it has been revised in accordance with our procedures. First, we have comments on several of the Safety Standards from which GM has requested exemption. With respect to Standard No. 105, GM appears to have requested exemption from the standard in its entirety, commenting that until 'resolution of remaining EV regulatory issues associated with FMVSS 105 . . . GM is unable to certify the GMEV . . . as being fully compliant . . . .' We suggest that GM restrict its request for exemption to the specific sections of Standard No. 105 that may be affected by the pending resolution of issues involving brakes for electric vehicles and that this will facilitate GM's argument that an exemption would not unduly degrade the safety of the GMEV. We also prefer the use of objective data to subjective terms where practicable. GM has requested exemption from some of the photometric requirements of Standard No. 108 because the possibility exists that candlepower values may be 'slightly below' the minimum requirements 'at a few test points'. Is it possible to identify the test points and to quantify the potentially lower candela at those points? Similarly, GM has argued that 'preliminary testing has indicated that' the GMEV will 'substantially comply' with Standards Nos. 208, 212 and 219. Under section 555.6(c)(2), a petitioner shall provide '. . . testing documentation establishing that a temporary exemption will not unreasonably degrade the safety of the vehicle . . . .' Therefore we ask GM to submit the preliminary test reports in substantiation of its petition. Finally, GM has also failed to set forth the arguments required by 49 CFR 555.5(b)(7) as to why an exemption would be in the public interest and consistent with the objectives of the National Traffic and Motor Vehicle Safety Act. We note in passing the unusual use in the petition of the argument that 'the GMEV will provide an overall level of safety that is substantially equivalent to the level of safety of nonexempted vehicles.' The argument of overall safety equivalence is the basis for exemption provided by Section 555.6(d), not Section 555.6(c) where a petitioner must demonstrate that an exemption would not unreasonably degrade the safety of the vehicle. However, we interpret GM's argument to mean that it views its failures to meet Standards Nos. 201, 208, 212, and 219, as technical in nature with essentially no degradation in safety, let alone a degradation that approaches unreasonableness. For this reason, we believe all the more strongly that GM should provide the preliminary test report results mentioned above. When we have received GM's new petition, we shall prepare a Federal Register notice requesting public comment. If you have any questions, you may refer them to Taylor Vinson of this Office (202-366-5263). Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam3366OpenMr. M. Ogata, Branch Manager, Mazda, Toyo Kogyo U.S.A. Representative Office, Detroit Branch, 23777 Greenfield Road, Southfield, MI 48075; Mr. M. Ogata Branch Manager Mazda Toyo Kogyo U.S.A. Representative Office Detroit Branch 23777 Greenfield Road Southfield MI 48075; Dear Mr. Ogata: Thank you for your July 24, 1980, letter concerning your efforts t improve defogging performance. We share your concern about providing optimum driving visibility and are pleased with your efforts to improve this safety feature.; Your letter requested an interpretation of Federal Motor Vehicle Safet Standard 103, asking whether it is permissible to designate an intermediate blower fan speed (instead of the maximum speed) as the speed to be used when defrosting, if some caution or direction about the necessity for using that intermediate speed for defrosting purposes is provided in the Owner's Manual. The purpose of taking that step would be to cause the intermediate speed instead of the maximum blower speed to be used in testing the performance of the defrosting system under the standard. If this was permissible, you could increase the speed of the fan at the maximum position, thereby improving performance of the defogging function, while still being able to meet the performance requirements of the defrosting function at the intermediate speed (but not at the new maximum speed).; Paragraph S4.3 of the standard states that ' t he passenger ca windshield defrosting and defogging system shall be tested in accordance with the portions of paragraphs 4.1 through 4.4.7 of SAE Recommended Practice J902, August 1964, or SAE Recommended Practice J902a, March 1967, applicable to that system,' with certain exceptions not applicable to your question.; Section 4.2(g) of SAE Recommended Practice J902 specifies as one of th testing conditions that the defroster system air be 'On full, Blower on high.' Similarly, section 4.2(g) of SAE Recommended Practice J902a specifies that the defroster system air be 'On full. Blower on high speed.' We therefore conclude that it would not be permissible under the standard as currently drafted to install a defrosting system which fails to meet the standard when the blower is set to its highest speed even if the system meets the standard at a lower blower speed and that lower blower speed is labeled as the maximum defrosting position. This conclusion would not be changed by the inclusion of directions in the Owner's Manual or words or symbols on the control panel.; If you are unable to resolve the problem in another way, i.e. improving the performance of the heating element, you may wish to petition the National Highway Traffic Safety Administration for an amendment to FMVSS 103. It is our inclination, however, that a defrosting system which operated optimally at a lower blower speed would cause considerable consumer confusion. Drivers would normally expect to obtain both optimum defrosting performance and optimum defogging performance at the highest blower speed. Even if the system was clearly labeled to indicate that the blower speed should be set to medium for defrosting and high for defogging, many consumers do not know the difference between defrosting and defogging. We would also have to consider the amendment's effect on Standard 101, since there is only one symbol for the defrosting and defogging system. If you should decide to petition for an amendment to Standard 103, we would like to see these issues addressed.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam2356OpenMr. David E. Martin, Director, Automotive Safety Engineering, Environmental Activites (sic) Staff, General Motors Corporation, Warren, MI 48093; Mr. David E. Martin Director Automotive Safety Engineering Environmental Activites (sic) Staff General Motors Corporation Warren MI 48093; Dear Mr. Martin: It has come to the attention of the National Highway Traffic Safet Administration that General Motors corporation is planning to include in its 1977 Cadillac incomplete vehicle document the following statement with respect to Federal Motor Vehicle Safety Standard No. 301-75, *Fuel System Integrity*:; >>>Conformity with FMVSS 301 is not substantially determined by th design of this incomplete vehicle and General Motors makes no representation as to conformity with this Standard.<<<; The use of this statement would not comply with 49 CFR Part 568 *Vehicles Manufactured in Two or More Stages*.; A copy of the March 8, 1976, letter from Mr. W.J. Owen of the Cadilla Motor Car Division to Mr. R.B. Kurre of the Wayne Corporation is attached for your reference. That letter was included in the petition of Wayne's Miller-Meteor Division for a temporary exemption from Standard No. 301-75 as applied to the ambulances and funeral coaches that Wayne manufactures using Cadillac commercial chassis.; I understand that these chassis are delivered to Wayne with the fue system components already installed, that Wayne removes certain components in order to mount the body, and that those components are reinstalled after the mounting of the body.; The incomplete vehicle document is required by S568.4(a)(7) to includ a--; >>>[l]isting by number of each standard...followed in each case by on of the following three types of statements, as applicable:; (i) A statement that the vehicle when completed will conform to th standard if no alterations are made in identified components of the incomplete vehicle. ...; (ii) A statement of specific conditions of final manufacture unde which the manufacturer specifies that the completed vehicle will conform to the standard. ...; (iii) A statement that conformity with the standard is no substantially determined by the design of the incomplete vehicle, and that the incomplete vehicle manufacturer makes no representation as to conformity with the standard.<<<; There is a factual limitation on use of the third statement. It may no be used for standards conformity to which is substantially determined by the design of the incomplete vehicle. Where the basic fuel system components, including fuel tank and lines and filler pipe, are included in the incomplete vehicle, compliance of the completed vehicle with Standard No. 301-75 is substantially determined by both the design of the incomplete vehicle and the manner of completion by the final stage manufacturer. Therefore, General Motors is required to include a statement of the first or second type with respect to Standard No. 301-75 in the incomplete vehicle documents accompanying Cadillac commercial chassis that are manufactured on or after September 1, 1976, and designed for completion into multipurpose passenger vehicles. Such chassis that are manufactured before that date are not required by Part 568 to include any statement concerning Standard No. 301-75, because there are no fuel system integrity requirements for multipurpose passenger vehicles until that date.; The above discussion also applies to any other commercial chassi manufactured by General Motors for sale as incomplete vehicles.; Yours truly, Frank Berndt, Acting Chief Counsel |
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ID: aiam4917OpenMr. Thomas D. Turner Manager, Engineering Services Blue Bird Body Company P.O. Box 937 Fort Valley, GA 31030; Mr. Thomas D. Turner Manager Engineering Services Blue Bird Body Company P.O. Box 937 Fort Valley GA 31030; "Dear Mr. Turner: This responds to your letter of August 19, 1991 requesting an interpretation of section S5.3.2 of Standard No. 217, Bus Window Retention and Release. That section specifies two force application options for release mechanisms of emergency exits, low force application and high force application. Your letter was sent in connection with an investigation by NHTSA's Office of Enforcement of a possible noncompliance of a 1990 Blue Bird bus with that standard, and you sent a sample bus window to assist in understanding your letter. You requested confirmation of your understanding that the requirements of section S5.3.2, 'with regard to motion, apply to the application forces and not the release mechanisms being activated by the forces.' You also requested confirmation of your 'understanding of the principles of mechanics, as applicable to FMVSS 217 requirements, that straight linear forces can cause rotary motion to occur and can be used to manually operate a rotary mechanism.' You asked these questions to support your contention that the release mechanism of the 1990 Blue Bird bus window can be operated by a force that is straight, perpendicular to the undisturbed exit surface, and that the high force application option is therefore available for that window. The issues raised by your letter are addressed below. Section S5.3.2 specifies that certain emergency exits 'shall allow manual release of the exit by a single occupant using force applications each of which conforms, at the option of the manufacturer, either to (a) or (b).' Subparagraphs (a) and (b) set forth requirements for the two application force options, low force and high force. The specified requirements cover location, type of motion, and magnitude. The type of motion specified in (a) for low force application is 'rotary or straight', the type of motion specified in (b) for high force application is 'straight, perpendicular to the undisturbed exit surface.' We agree that the requirements in (a) and (b) concerning type of motion refer to the force applications that would be made by a single occupant and not to the release mechanisms that are activated by such force applications. While we do not disagree with your contention that it is possible for straight linear forces to cause rotary motion to occur, we do not believe, based on our examination of your sample bus window, that the force application that must be made by a single occupant to release the window would be 'straight, perpendicular to the undisturbed exit surface.' We interpret the term 'type of motion,' as used in (a) and (b), to refer to the entire motion of a force application that would be made by a single occupant in releasing an exit. In order to operate the release mechanism on the Blue Bird bus, it appears that a single occupant must lift the release handle upward as well as pulling it outward. Given the upward part of the motion, it would not be 'perpendicular to the undisturbed exit surface.' Therefore, the high force application option is not available for such a design, and it must meet the low force application requirements. I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.