ID: aiam0141

Dear Mr. Sudderth: Thank you for your letter of January 22, 1969, concerning safet glazing in your motor home.; We do not know what is meant by the description 'Windows-Double Densit - glass - set.'; Glazing materials in a motor home must be in accordance with Federa Standard No. 205. Glass in the windshield must be AS1, not AS2 as your letter states. The windows on either side of the driver's compartment may be AS2, and AS2 may be used in the balance of the windows when needed for driver visibility or AS3 may be used in the balance of the windows when not needed for driver visibility.; The markings of glazing materials cited in your letter indicate tha the materials used in your motor home are in accordance with Federal Standard No. 205, with the exception that you state that AS2 is marked on the windshield.; Please advise if AS1 is not installed in the windshield of your moto home.; Sincerely, Clue D. Ferguson, Director, Office of Standards o Crash-Injury Reduction, Motor Vehicle Safety Performance Service;

ID: aiam3161

Dear Mr. Birch: This responds to your recent letter concerning a reflective film tha is being applied to the windows of some vehicles in the United Kingdom. You ask whether regulations preventing the use of such film have been introduced in the United States.; At the current time, there are no Federal regulations that prohibit th use of reflective films such as you describe. The National Highway Traffic Safety Administration issues safety standards and regulations governing the manufacture of new motor vehicles and motor vehicle equipment. We have no authority, however, to regulate the use of motor vehicles, such as an owner applying reflective film to his car. Further, we have issued interpretations stating that reflective coated polyester films do not qualify as glazing materials and, therefore, do not come within the purview of our Safety Standard No. 205. This interpretation referred only to polyester film sold by itself. Glazing materials that have coated films that were applied by the glazing manufacturer are required to comply with the standard, including the light transmittance requirements.; The agency did receive a petition for rulemaking last year from th California Highway Patrol asking that reflective glazing materials be prohibited (glazing coated with reflective substances by the glazing manufacturer). While use of the reflective coating could reduce the ability of a driver to look through the glazing of vehicles in front of him or her and see the road and vehicles ahead, we denied the petition since we lacked data indicating that there is a safety problem created by the coating. If you have or know of any data indicating a safety problem, we would very much appreciate seeing the data. From a law enforcement viewpoint, the problem posed by the reflective coating is apparently more than theoretical, since officers cannot see inside a vehicle with coated glazing to the extent they deem necessary.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam4180

Dear Mr. Chien: This responds to your letter dated May 28, 1986, asking for informatio about certain Federal motor vehicle safety standards. Enclosed are copies of an information sheet for new manufacturers, a form for ordering copies of safety standards, and the copy of Standard No. 111, *Rearview Mirrors, which you requested.; This agency has issued no safety standard regarding fog lamps. However S4.1.3 of Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*, provides that no additional lighting equipment, such as fog lamps, which impair the effectiveness of lighting equipment required by Standard No. 108 shall be installed on motor vehicles. This prohibition applies to parties installing your product on vehicles, and not to you as the manufacturer of the product. This is because the installer is the only party which can ensure that the reflectors are installed so that they do not impair the effectiveness of required lighting equipment. Generally speaking, this requirement of Standard No. 108 applies only to motor vehicles prior to their first purchase in good faith for purposes other than resale, and not to aftermarket accessories added to a vehicle after that purchase. The general rule is that aftermarket accessories may be added to vehicles.; This general rule is, however, limited by the application of th provisions of section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (the Act). That section specifies: 'No manufacturer, distributor, dealer, or motor vehicle repair business shall 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.' NHTSA considers it an element of design on vehicles that they have lighting and other equipment which are required by Standard No. 108 and whose effectiveness is not impaired by additional lighting equipment. Therefore, a manufacturer, distributor, dealer, or motor vehicle repair business installing a fog lamp would have to take care that the fog lamp, by its intensity, color or placement, does not impair the performance of required lighting equipment.; If the installation of your fog lamps would impair that effectiveness a manufacturer, distributor, dealer, or motor vehicle repair business installing such fog lamps would be rendering inoperative that design element of the vehicle, and thereby violating section 108(a)(2)(A) of the Act. Section 109 of the Act (15 U.S.C. 1398) specifies a civil penalty of up to $1,000 for each violation of section 108, and each vehicle on which this element of design was rendered inoperative would be considered a separate violation. You should note that the prohibitions of section 108(a)(2)(A) do not apply to a vehicle owner rendering inoperative some element of design on his or her vehicle. Hence, if your aftermarket reflectors are sold to and installed by vehicle owners, those persons would not be subject to the prohibition of section 108 referenced above.; You should also be aware of the responsibilities imposed by the Act o manufacturers of motor vehicle equipment, such as reflective mirrors or fog lamps. If either you, as a manufacturer, or this agency determines that your product does not comply with an applicable safety standard or that the products contain a defect related to motor vehicle safety, you as the manufacturer would be required to remedy that noncompliance or defect. Section 154(a)(2)(B) of the Act (15 U.S.C. 1414(a)(2)(B)) specifies that, if an item of motor vehicle equipment fails to comply with an applicable standard or contains a safety-related defect, the manufacturer must notify purchasers of the noncompliance or defect and must either:; >>>1. repair the product so that the noncompliance or defect i removed, or; 2. replace the product with an identical or reasonably equivalen product that does not have the noncompliance or defect.<<<; Whichever of these options is chosen, you as the manufacturer must bea the full expense of the remedy and cannot charge the product owner for the remedy if the product was first purchased less than 8 years before the notification campaign.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam2373

Dear Mr. Semark: This responds to Sheller-Globe's July 7, 1976, request for revision o the requirements of S5.4.2.1 of Standard No. 217 *Bus Window Retention and Release*, so that passage of the described parallelepiped through the emergency door can be effected with its lower surface several inches above the bus floor. Section 5.4.2.1 requires that the 45-inch dimension of the parallelepiped remain vertical, that the 24-inch dimension remain parallel to the opening, and that the lower surface remain in contact with the floor of the bus at all times.; The three specifications for passage of the parallelepiped through th opening are intended to describe, for the benefit of the manufacturer, how the NHTSA will conduct its compliance testing. These specifications do not represent a requirement that the opening be constructed without a threshold or corner obstructions. As the agency interprets this requirement, minor obstructions that do not necessitate passage of the parallelepiped through the opening more than 1 inch above the floor are not prohibited by this requirement. Thus, in the case you describe, the NHTSA would move the parallelepiped through the opening with its sides vertical and the rear surface parallel to the rear surface of the bus, just above the obstructions, but no more than 1 inch above the bus floor.; Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: aiam0471

Dear Mr. Verrill: This is in reply to your letter of October 12, 1971, in which you mad several requests with respect to the Tire Identification and Record Keeping (49 CFR Part 574) and Certification (49 CFR Part 567) regulations.; >>>1. You suggested that the Tire Identification and Record Keepin regulation be amended to provide that where tires are not shipped on or in a vehicle, the vehicle manufacturer's record keeping obligation be limited to three years from the date of sale. We will take this request into consideration, and let you know when a decision is made. It appears that since the minimum time would apply to all vehicle manufacturers, such a requirement should appear in a regulation other than Part 574.; 2. You requested the deletion of the requirement that information o the certification label be placed 'in the order shown.' We have previously denied petitions relating to the order of information on the label (36 F.R. 19593), and this request is also denied. The requirement that the label information be placed in a definite order has been in effect for over two years, and has been found to enhance the readability and hence the usefulness of the label. Now that further numerical information is to be required on the label, we consider that it will be even more important that this requirement be maintained.; 3. You requested 'an interpretation that a multi-column label or label in two parts each with an information column, will meet the requirements of [Part] 567,' because of the space limitations on some trailers. As long as the information appears in the order specified in the regulation, the NHTSA has no objection to a multi-column label or a label in two parts.; 4. Finally, you requested that a trailer manufacturer be allowed to us up his existing supply of labels, by affixing a supplementary label with the additional required information. As stated above, we have decided to adhere to the requirement that the information on the label be in the order specified, although it may be in more than one column or part. To the extent that the action requested would allow a manufacturer not to conform to that requirement, the request is denied. Although the deviation might appear small, it would seriously detract from the integrity and enforceability of the regulation to allow incidental nonconformity without amending the requirement. The other vehicle manufacturers have undoubtedly already incurred costs similar to those cited by your client, and it would be distinctly unfair not to enforce the regulation evenhandedly as to all parties.<<<; Sincerely, Robert L. Carter, Acting Associate Administrator

ID: aiam2461

Dear Mr. Kurre: This is in response to your letter of November 15, 1976, in which yo ask whether emergency exits installed in school buses beyond those required in S5.2.3 of Standard No. 217, *Bus Window Retention and Release*, must meet the requirements of the standard.; The NHTSA has determined previously that only those exits required i S5.2.3 must meet the requirements specified for school bus emergency exits in Standard No. 217. All other emergency exits installed in school buses must comply with the requirements for emergency exits in buses other than school buses. These requirements are detailed in Standard No. 217.; In your letter, you ask specifically whether S5.2.3.1(b), S5.3.1 S5.3.2, S5.3.3, S5.4.1, S5.4.2.1(b) or S5.5.3 apply to a side emergency door in a school bus that already complies with S5.2.3.1(a) of the standard. The NHTSA concludes that this door would be required to comply with S5.3.1, S5.3.2, and S5.4.1 of the standard.; Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: NCC-200810-001-HMSL Hazard Lamp - Rostra

March 5, 2024

Mr. Peter Kallgren

Vice President, Sales & Marketing

Rostra Precision Controls, Inc.

2519 Dana Drive

Laurinburg, NC 28352

Dear Mr. Kallgren, 

This responds to your company’s request for interpretation regarding whether a replacement center high mounted stop lamp (CHMSL) intended to be installed on a truck cap is permitted to flash when a vehicle’s hazard lamps are activated. As we explain below, it is our view that it would not be permissible for the CHMSL to flash as a supplemental hazard warning lamp because our regulations require that a CHMSL be steady burning when activated. We respond to your question in more detail below. 

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSS) that set performance requirements for new motor vehicles and items of motor vehicle equipment (see 49 U.S.C. Chapter 301). NHTSA does not provide approval of motor vehicles or motor vehicle equipment, and NHTSA does not determine compliance of a vehicle or item of motor vehicle equipment outside the context of an actual enforcement proceeding. Instead, manufacturers are required to self-certify that their products conform to all applicable safety standards that are in effect on the date of manufacture. The following represents NHTSA’s opinion regarding the applicability of FMVSS No. 108 requirements to your proposed CHMSL, based on the information you have provided. 

Under 49 U.S.C. 30122, a vehicle manufacturer, distributor, dealer, rental company, or repair business generally may not knowingly “make inoperative” any part of a device or element of design installed in or on a motor vehicle in compliance with an applicable FMVSS. You ask specifically about a CHMSL that would be a supplement to the existing one. This additional lamp is made necessary because, without one, a truck cap installed by your company would “make inoperative” the existing CHMSL by creating an obstruction or blockage. 

FMVSS No. 108 specifies requirements for original and replacement lamps, reflective devices, and associated equipment. The standard contains a number of specific requirements for certain lamps, such as headlamps, turn signal lamps, and high-mounted stop lamps, among others. In order to not “make inoperative” the required CHMSL, the lamp you propose to mount on the truck cap to avoid the obstruction would need to meet all the requirements of FMVSS No. 108 that apply to the original CHMSL. A CHMSL, by definition under paragraph S4, is expected to be steady burning, and it is also expressly required to be steady burning by paragraph S6.1.5, Activation, which states in relevant part that “Each lamp must be activated as specified … in response to the inputs specified in Table I ….” Table I-A, in turn, requires high mounted stop lamps to be “steady burning” and to “be activated only upon application of the service brakes or [ ] be activated by a device designed to retard the motion of the vehicle.” 

You describe a situation in which a CHMSL mounted on a truck cap is wired into a vehicle’s signal lighting system in a manner that causes the CHMSL to flash with the turn signals when the vehicle’s hazard warning system is activated. Accordingly, you ask whether it is permissible for the CHMSL to be considered a supplemental hazard lamp that flashes when the vehicle’s hazard warning system is activated. 

Because FMVSS No. 108 requires a CHMSL to be steady burning, as explained above, a CHMSL that flashes would not comply and would fail to prevent the cap obstruction from rendering inoperative the CHMSL required by FMVSS No. 108. The fact that hazard warning lamps have been activated does not change the requirement that the CHMSL be steady burning, and FMVSS No. 108 does not permit a CHMSL to cease to function as a CHMSL and begin to function as a supplemental hazard warning lamp simply because the hazard warning system is activated. This is consistent with past NHTSA interpretations, where the agency stated that “causing the center high-mounted stop lamp to flash would not change the center lamp into a ‘hazard warning lamp’ within the meaning of Standard No. 108.”1 

If you have further questions, please contact Eli Wachtel of my staff at (202) 366-2992. 

Sincerely, 

John Donaldson 

Acting Chief Counsel

1 Letter to Randy I. McClanahan (April 2, 1996), available at https://www.nhtsa.gov/interpretations/11610ztv.

Dated: 3/5/24

Ref: Standard No. 108

ID: aiam2221

Dear Mr. Yates: Your letter of December 1, 1975, to the Federal Trade Commission concerning the dates molded into tires manufactured by the Dayton Tire and Rubber Company, has been forwarded to this agency for further reply.; Motor Vehicle tires are required by S 574.5 of 49 CFR Part 574, *Tir Identification and Recordkeeping*, to be labeled with an identification number containing certain information. A copy of this regulation is enclosed for your convenience. The last three digits of this number indicate the week and year of manufacture of the tire, as follows: the final digit is the last digit of the year, and the preceding two digits represent the week within that year. The numbering of the weeks begins with '01' for the first full calendar week in each year. For example, '016' indicates that a tire was manufactured during the week beginning Sunday, January 4, 1976, and ending Saturday, January 10. While the precise labeling on the tires that you have described is not clear from your letter, it appears that some of the tires do not comply with this labeling requirement, because November 24 and December 1 were not in the same calendar week of 1975.; I have forwarded a copy of your letter to our Office of Standard Enforcement for such further action as may be appropriate.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam4357

Dear Mr. Brinsmade: This responds to your request for information regarding Federa regulation of semi-trailer manufacturing. You asked about Federal standards applicable to 'pneumatic aluminum tank type semi-trailers' which your client wishes to manufacture abroad and import into the United States. You were particularly concerned about specifications for aspects of the vehicle which pneumatically load and discharge substances into and out of the tank unit.; I would like to take this opportunity to provide some backgroun information concerning this agency's regulations. You are correct that the National Highway Traffic Safety Administration (NHTSA) administers Federal regulations for the manufacture and sale of new motor vehicles, including semi-trailers. NHTSA is authorized, under the National Traffic and Motor Vehicle Safety Act, to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. As you are aware, however, NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable requirements. (A general information sheet describing manufacturers' responsibilities under the Vehicle Safety Act is enclosed.); We note that the term 'manufacturer' is defined by section 102(5) o the Act to mean 'any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, *including any person importing motor vehicles of motor vehicle equipment for resale*.' (Emphasis added.) Therefore your client, as a manufacturer of motor vehicles, is responsible for certifying compliance with all applicable motor vehicle safety standards. The procedure, specified in 49 CFR Part 567, requires also that the manufacturer provide safety information on the certification label, including the vehicle's gross vehicle weight rating and gross axle weight rating.; At this time, the only safety standards applicable to all trailers ar Safety Standard No. 108, *Lamps, reflective devices, and associated equipment*, Standard No. 120, *Tire selection and rims for motor vehicles other than passenger cars*, and Standard No. 115, *Vehicle Identification Number--Basic Requirements*. The content requirements for the identification number are found at Part 565. Your client's trailers also must meet Standard No. 106, *Brake hoses*, Standard No. 116, *Motor vehicle brake fluids*, and applicable requirements of Standard No. 121, *Air brake systems*. These standards are found in 49 CFR Part 571.; You were particularly concerned about Federal standards applicable t the pneumatic tank of the semi-trailer. There are no Federal motor vehicle safety standards for pneumatic tank units. However, even in the absence of an applicable safety standard, the Vehicle Safety Act imposes general responsibilities on manufacturers of motor vehicles and motor vehicle equipment regarding safety defects. Manufacturers of motor vehicles and motor vehicle equipment are responsible generally for ensuring that vehicles and equipment they manufacture are free from safety-related defects and can perform their intended function safely. If your client or the agency determines that a safety- related defect or noncompliance exists, your client is obligated under section 151 *et seq*. of the Act to notify purchasers of its product and remedy the problem without charge. Manufacturers who fail to provide notification of or remedy for a defect or noncompliance may be subject to a civil penalty of up to $1,000 per violation.; In addition to the regulations described above, your client should b aware of two procedural rules which apply to all manufacturers subject to the regulations of this agency. The first is 49 CFR Part 566, *Manufacturer Identification*. This rule requires your client to submit its name, address, and a brief description of the items of equipment it manufacturers to this agency within 30 days after it imports its products into the United States.; The other rule is 49 CFR Part 551, *Procedural Rules*. Subpart D o this regulation requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to the Chief Counsel, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, DC 20590, and must include the following information:; 1. A certification that the designation is valid in form and binding o 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 addres of the manufacturer,; 3. Marks, trade names, or other designation of origin of any of th manufacturer's products which do not bear its name,; 4. A statement that the designation shall remain in effect unti 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 t appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.; You asked whether your client's semi-trailers would be affected b regulations administered by other Federal agencies. If the semi-trailer will be used to transport a material designed by the Secretary of Transportation as a 'hazardous material' (see 49 CFR Part 172), then the transportation of that material is regulated by the Office of Hazardous Materials Transportation of the Research and Special Projects Administration (RSPA). You can contact the director of that office, Mr. Alan Roberts, at 366-0656 for more information on RSPA's regulations. In addition, you might be interested in information about regulations for interstate motor carriers issued by the Federal Highway Administration. Mr. Tom Kozlowski of the Office of Motor Carrier Standards, Federal Highway Administration, can provide you with more information. He may be reached at this address, Room 3403, or by telephone at (202) 366-1790.; I hope this information has been helpful. Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam2058

Dear Mr. Brewer: #I am writing in response to the question you raise in a September 5, 1975, telephone conversation with Mark Schwimmer of this agency, concerning the labeling requirements of Federal Motor Vehicle Safety Standard No. 106-74, *Brake Hoses*. #You asked whether the designation 'AI & AII' is permitted on air brake hose for which the Type I and Type II dimensions listed in the standard are identical. In a letter to the Gates Rubber Company (copy enclosed), the National Highway Traffic Safety Administration interpreted S7.2 of the standard as not permitting the designation 'AI-II'. For similar reasons, the designation 'AI & II' does not comply with S7.2. The designation 'AI & AII' would comply with the standard. #Sincerely, Frank A. Berndt, ACting Chief Counsel;