ID: NCC-230927-001 FMVSS 135 - Telltale_ St. Pierre_ Canoo

June 7, 2024

Mr. Barry St. Pierre 

Sr. Homologation Engineer  

Canoo 

19951 Mariner Ave 

Torrance, CA 90503 

barry.st.pierre@canoo.com

Dear Mr. St. Pierre: 

I write in response to your September 12, 2023 email to the National Highway Traffic Safety Administration (NHTSA) asking for information on federal requirements for telltales in light vehicle brake systems. Please note that our answer below is based on our understanding of the specific information provided in your email correspondence. 

In responding to this request, NHTSA notes that the contents of this letter do not have the force and effect of law and are not meant to bind the public in any way. This letter is only intended to provide clarity regarding existing requirements under the law at the time of signature. 

Background 

NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act, 49 U.S.C. Chapter 301) to issue Federal Motor Vehicle Safety Standards (FMVSS) setting performance requirements for new motor vehicles and new items of motor vehicle equipment. The Safety Act requires manufacturers to self-certify that their vehicles and equipment conform to all applicable FMVSS in effect on the date of manufacture. NHTSA also investigates safety-related defects. 

Your email correspondence seeks clarification of the requirement in 49 CFR § 571.135 S5.5.5(a) that visual indicators “shall have letters not less than 3.2mm (⅛ inch) high.” You state correctly that, if the telltale is the word “BRAKE,” it must meet the height requirement. You also ask about the specific proposed brake and ABS icon symbols pictured in your correspondence. In particular, you ask: (1) if a brake symbol includes the letter “P” as part of the symbol, whether it is sufficient for the symbol as a whole to meet the 3.2 mm height requirement of S5.5.5(a), or whether the letter “P” by itself must meet the height requirement; and (2) if an antilock braking system symbol includes the letters “ABS” as part of the symbol, whether it is sufficient for the symbol as a whole to meet the 3.2 mm high requirement, or whether the letters “ABS” by themselves must meet the height requirement. 

Discussion 

As you acknowledge in your correspondence, 49 CFR § 571.135 (FMVSS 135) S5.5.5(a) specifies labeling requirements for light vehicle brake systems. It states: 

Each visual indicator shall display a word or words in accordance with the requirements of Standard No. 101 (49 CFR 571.101) and this section, which shall be legible to the driver under all daytime and nighttime conditions when activated.
Unless otherwise specified, the words shall have letters not less than 3.2 mm (⅛ inch) high and the letters and background shall be of contrasting colors, one of which is red. Words or symbols in addition to those required by Standard No. 101 and this section may be provided for purposes of clarity. 

49 CFR § 571.101 (FMVSS 101), in turn, includes requirements for telltales and indicators. Section 5.2.1 states, in relevant part: 

[E]ach control, telltale and indicator that is listed in column 1 of Table 1 or Table 2 must be identified by the symbol specified for it in column 2 or the word or abbreviation specified for it in column 3 of Table 1 or Table 2. If a symbol is used, each symbol provided pursuant to this paragraph must be substantially similar in form to the symbol as it appears in Table 1 or Table 2. 

Table 1 of FMVSS 101 shows the required telltales for the items for which you request clarification: brake system malfunction and anti-lock brake system malfunction. These telltales have specific words or abbreviations that must be used as identifiers. Specifically, the word “Brake” must be used to indicate brake system malfunction. The words “Antilock” or “Anti-lock,” or the abbreviation “ABS,” must be used to indicate antilock brake system malfunction for vehicles subject to FMVSS Nos. 105 or 135. Unlike certain other items, Table 1 of FMVSS 101 does not permit the use of a symbol as an alternative to words or abbreviations to indicate either a brake system malfunction or an anti-lock brake system malfunction. Further, these required words or abbreviations must comply with the 3.2 mm height requirement of FMVSS 135 S5.5.5(a). 

NHTSA understands the symbols proposed in your correspondence to be separate from and additional to the required words or abbreviations discussed above. With this understanding, the two proposed symbols pictured in your correspondence would not be subject to the word height requirement laid out in FMVSS 135 S5.5.5(a), as they would be considered additional words or symbols used for clarification purposes. Accordingly, neither the symbols, nor the letters that are part of the symbols, would be required to be at least 3.2 mm. 

However, if a vehicle does not use Table 1’s required words or abbreviations as a telltale for the item in question, and instead only uses a symbol that does not contain the required words or abbreviations, then the vehicle does not meet the requirements of FMVSS 101 S5.2.1, regardless of the height of the symbol or the letter(s) in the symbol. 

Finally, we note that, as discussed above, one permissible telltale for an anti-lock brake system malfunction is the abbreviation “ABS.” Accordingly, if the symbol pictured in your letter that includes the letters “ABS” is the only telltale used in a vehicle to indicate an antilock system brake malfunction, then the letters “ABS” in that symbol must meet the 3.2 mm minimum height requirement in FMVSS 135 S5.5.5(a). It would not be sufficient for the symbol as a whole to meet this height requirement, because S5.5.5(a) specifically requires the “words” to meet the requirement. 

I hope this information is helpful. If you have any further questions, please feel free to contact Natasha Reed of my staff at this address or at (202) 366-2992.

Sincerely,
Adam Raviv
Chief Counsel

Dated: 6/7/24
Ref: Standard No. 135

ID: aiam4826

"Dear Mr. Schlanger: This is in reply to your FAX of January 3, l991 to Taylor Vinson of this Office, asking about the permissibility under Federal and State regulations of a 'lighted sign' on which messages could be scrolled from left to right. Such a sign 'is designed to be mounted inside the car, either on a rear or side window.' However, 'if that is deemed legally inappropriate, the sign can be designed to be placed outside on the roof of the auto.' The sign would incorporate LEDs and would not project a beam or flash. You intend to sell it 'to the general public.' The National Highway Traffic Safety Administration has no specific Federal motor vehicle safety standard that addresses your device, nor any prohibition against your selling it. The question arises, however, as to whether and under what circumstances Federal law may allow its use. As a general rule, aftermarket equipment such as this is acceptable under Federal law provided that its installation by a manufacturer, distributor, dealer, or motor vehicle repair business, does not entail removal of, or otherwise rendering inoperative, in whole or in part, equipment installed in accordance with a Federal motor vehicle safety standard. This means that removal by any of the persons just mentioned of the high-mounted stop lamp that has been required on passenger cars manufactured on or after September 1, l985, in order to substitute your lighted sign, would be a violation of Federal law. The question arises of whether the lighted sign may be installed in the rear window of any other vehicle, or in a passenger car manufactured before September 1, l985, or on the top of any vehicle, situations where there is no direct removal of safety equipment. The agency regards any impairment of the effectiveness of rear lighting equipment as tantamount to rendering it partially inoperative. Thus, if aftermarket equipment is likely to create confusion or distraction in a following motorist, we regard it as likely to impair the messages that required lighting equipment is supposed to impart. A lighted sign with a changing message is likely to create a distraction, diverting attention from signals sent by stop lamps or turn signal lamps. Thus, we believe that this device has the potential of rendering those lamps partially inoperative within the meaning of the statutory prohibition. Even when installed in a side window, where it may not be visible directly to the rear, the device has the potential of distraction when the vehicle carrying it is approached in other lanes, i.e., at an angle from the rear. We are unable to tell you whether the device is illegal under the laws of each of the 50 States. If you are interested in pursuing this question, we recommend that you consult the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203. Sincerely, Paul Jackson Rice Chief Counsel";

ID: aiam3847

Dear Mr. Nielsen: This is in reply to your letter of May 16, 1984, to Mr. Vinson of thi office seeking an interpretation of Motor Vehicle Safety Standard No. 108. You wish to know whether the minimum effective projected luminous lens area for stop lamps and turn signal lamps on trailers whose overall width is 80 inches or greater is 8 square inches or 12 square inches. You cite an apparent conflict between paragraph S4.1.1.6 and SAE Standard J586d, and paragraph S4.1.1.7 and SAE Standard J588f. You have asked for an interpretation so that Wesbar may properly design a 'combination tail lamp.'; First, we will confirm the advice provided by 'D.O.T. staff people that the latest SAE revisions, J586d and J588f, have not been adopted.; You do not state the intended use of your proposed lamp, so we wil assume that it will be sold to trailer manufacturers as original equipment, and to the aftermarket as replacement equipment. As original equipment, it must comply with the requirements specified in Table I of Standard No. 108, SAE J586c for stop lamps and SAE J588e for turn signal lamps. Paragraph 3.2 of each standard specifies a minimum effective projected luminous lens area of 8 square inches.; Paragraphs S4.1.1.6 and S4.1.1.7 become relevant, however, if Wesba intends the lamp as replacement equipment on trailers manufactured before September 1, 1978, and after January 1, 1972 (turn signal lamps) and January 1, 1973 (stop lamps). Under paragraphs S4.1.1.6 and S4.1.1.7, replacement stop and turn signal lamps for trailers manufactured within the 1972-1978 time frame may meet either J586b or J586c, and either J588d or J588e. We note that neither J586b nor paragraph S4.1.1.6 establish a minimum luminous lens area for stop lamps. However, a manufacturer who chooses to comply with paragraph S4.1.1.7 rather than J588e would have to provide the minimum specified luminous lens area of 12 square inches for turn signal lamps of trailers whose overall width was 80 inches or more, the requirement specified in J588d for Class A turn signal lamps. We view this interpretation as one of historical interest than (sic) current relevance.; In summary, if Wesbar designs its lamp to the 8-inch requirement, i would appear to meet specifications for application either as original or replacement equipment.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam1152

Dear Mr. Scully: In your letter of June 4, 1973 you have asked whether a manufacture may comply with revisions made by the SAE to SAE standards incorporated by reference in Standard No. 108 in the absence of an amendment by NHTSA.; The answer is no, and your understanding is correct. A manufacture must comply with the specific SAE standard and revision set forth in Standard No. 108, regardless of any succeeding revisions made by the SAE.; Sincerely, Lawrence R. Schneider, Chief Counsel

ID: aiam4996

"Dear Ms. Mathews: This concerns your letter to the Federal Highwa Administration (FHWA) asking about FHWA's regulation 393.45 (49 CFR 393.45) and NHTSA's Federal Motor Vehicle Safety Standard No. 106, Brake Hoses. FHWA provided us a copy of its March 6, 1992 response on regulation 393.45. This letter answers your question about Standard 106. You ask about S7.3.6, 7.3.10 and 7.3.11 of the standard. Those sections set forth performance requirements for limiting the amount a hose may change in length under specified conditions (S7.3.6), for the tensile strength of a hose assembly (S7.3.10), and for the tensile strength of an assembly after immersion in water (S7.3.11). Each of these sections excludes certain items from the requirement. Your question relates to those exclusions. S7.3.6 excludes coiled nylon tubes for use in assemblies that meet the FHWA requirements of 393.45. S7.3.10 excludes coiled nylon tube assemblies that meet 393.45. S7.3.11 excludes coiled tube assemblies that meet 393.45. You ask whether those exclusions in S7.3.6, 7.3.10 and 7.3.11 'require compliance with 393.45.' The answer is no. Standard 106 does not require tubing to meet 393.45. Instead, compliance with 393.45 is a condition for excluding the item from S7.3.6, 7.3.10 or 7.3.11. The other condition, relevant for S7.3.6 and 7.3.10, is that the brake hose be coiled nylon tubing. According to your letter, the brake hose (tubing) of your concern would be made from a material other than nylon. Since the second condition would not be satisfied, such hose would not qualify for the S7.3.6 exception, and an assembly made from such hose would not qualify for the 7.3.10 exception, regardless of whether the hose meets regulation 393.45. Thus, S7.3.6 and 7.3.10 would apply to hose and assemblies made from your product, without exception. S7.3.11 does not specify that the coiled tubing must be nylon to qualify for the exception. While NHTSA intended to specify nylon (see, preamble to rule adopting the exclusion, 39 FR 28436, August 7, 1974), as adopted, S7.3.11 excludes a 'coiled tube assembly' that meets regulation 393.45 from its requirements. I hope this information is helpful. If you have any further questions, please contact Deirdre Fujita of my staff at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel";

ID: aiam5479

Dear Mr. Hartley: This responds to your letter concerning 49 CFR Par 583, Automobile Parts Content Labeling. I apologize for the delay in our response. You stated that you need to provide country of origin information to the auto manufacturers you sell to, and would like confirmation that you are properly interpreting the regulations. We understand that you are an 'outside supplier,' i.e., your company is not owned by an auto manufacturer. (Requirements differ for outside suppliers and allied suppliers.) Your questions, and our responses, are set forth below. Question 1. 583.6(c) We interpret this to mean that if the U.S./Canada value added is 70% or more we are to report the U.S./Canada percentage to be 100%. If the U.S./Canada value added is less than 70% we are to report the U.S./Canada percentage to be -0-% Is this correct? Response. You are partially correct. It is true that, under 583.6(c), equipment supplied by an outside supplier is considered 100 percent U.S./Canadian if 70 percent or more of its value is added in the U.S./Canada, and 0 percent if less than 70 percent is added in the U.S./Canada. However, the specific information which outside suppliers must provide to auto manufacturers is set forth in 583.10. (Outside suppliers of engines and transmissions must also provide the information specified in 583.12. I will assume for the balance of this letter that you are not a supplier of engines or transmissions.) Rather than requiring outside suppliers to report the 100 percent or 0 percent figure, section 583.10 instead specifies that outside suppliers are to provide a statement that the equipment has, or does not have, at least 70 percent of its value added in the United States and Canada. Question 2. 583.7(a), (e), (f) If the U.S./Canadian percentage of the value is -0-% then we should report the two largest 'Major Foreign Sources' which are over 15% each. Is this correct? Response. No. This question suggests a misunderstanding of the differing requirements for auto manufacturers and suppliers. Auto manufacturers are required to calculate, on a carline basis, 'U.S./Canadian parts content' and 'Major sources of foreign parts content.' Suppliers are required to provide specified information about the equipment they supply to enable the auto manufacturers to make these calculations. As indicated above, the information that outside suppliers must provide is set forth in 583.10. Suppliers are not required to provide the two largest 'Major Foreign Sources' of their equipment. Question 3. 583.7(c)(1) This requirement is completely independent from the determination of the percentage of the value determination. Therefore it is possible for a part to be of U.S.A. origin and have -0-% U.S./Canadian percentage of value. Are we correct in this assumption? Response. The answer is yes. It is true that a part could be of U.S./Canada origin under 583.7(c)(1), for purposes of determining major foreign sources of passenger motor vehicle equipment, even though it has less than 70 percent U.S./Canadian content and is hence considered to have 0 percent U.S./Canadian content under 583.6. This reflects the different purposes of 583.6 and 583.7. Section 583.6 sets forth the procedure for determining the U.S/Canadian content of carlines. Under the American Automobile Labeling Act, equipment supplied by an outside supplier is considered 100 percent U.S./Canadian if 70 percent or more of its value is added in the U.S./Canada, and 0 percent if less than 70 percent is added in the U.S./Canada. Section 583.7 specifies the procedure for determining major foreign sources of passenger motor vehicle equipment. The only effect of a determination under 583.7(c)(1) that a part is of U.S./Canadian origin is that it will not be considered to have been contributed by a foreign source. Question 4a. 583.10(a)-(c) From these parts we assume the following requirements: Our certificate must show: 1. The name and address of the supplier, 2. The part number and description of the part or assembly, 3. The selling price to our customer, 4. Whether the part has or does not have 70% of its value from the United States/Canada as determined under 583.6(c), 5. If the United States/Canada percentage is less than 70% the country of origin determined under 583.7(c), 6. For equipment that may be used in an engine or transmission, the country of origin of the equipment, determined under 583.8(c), 7. A certification for the information, pursuant to 583.13 and the date of the certification, and, 8. One certificate can cover multiple parts and assemblies. Response. Your eight stated understandings are correct. With respect to the second, I note that while 583.10(a) does not specifically mention 'part number,' we assume that would be the customary way of identifying unique equipment. Question 4b. If the United States/Canada percentage of the value added is -0- percent, should we show the two largest 'Major Foreign Sources' which are over 15% on our certificate? This information does not seem to be required by 583.10(a). Response. As discussed in our answer to Question 2, suppliers are not required to provide the two largest 'Major Foreign Sources' of their equipment. Question 5. 583.13 This section requires us to certify the information provided on our certificate to be in accordance with DOT regulations. Please provide us with a copy of these DOT regulations or advise where we can secure a copy of these regulations so we can know the regulations to which we are subscribing. Response. The Department of Transportation (DOT) regulations concerning automobile parts content labeling are simply those set forth in 49 CFR Part 583. Question 6. 583.10(c)(1)-(2) We can issue our certificate for the calendar year from January 1 through December 31 of each year. Response. Section 583.10(c)(1) provides that, except as provided in (c)(2), the information provided in the certificate is to be for equipment expected to be supplied during the 12-month period beginning on the first July 1 after receipt of the request from the auto manufacturer or allied supplier. Paragraph (c)(2) provides that the 12-month period specified in (c)(1) 'may be varied in time and length by the manufacturer or allied supplier if it determines that the alteration is not likely to result in less accurate information being provided to consumers. Therefore, your certificate can only be issued for the calendar year if the auto manufacturer or allied supplier to which you supply equipment makes such a determination. I hope this information is helpful. If you have further questions, please feel free to contact Edward Glancy of my staff at this address or by telephone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel;

ID: aiam0039

Dear Mr. Talbot: Thank you for your letter of November 3, 1967, to Mr. Lowell K Bridwell, requesting clarification on certain aspects of the Motor Vehicle Safety Act.; In answer to your specific questions, please be advised that th supplier of a component of a motor vehicle is a manufacturer within the meaning of the Motor Vehicle Safety Act. However, he is not obligated to certify that the item of motor vehicle equipment he manufacturers complies with the standard unless he is supplying that item to a distributor or dealer, and then only if there is an applicable Federal Standard.; As regards identification of parts, there is no specific requiremen under the Act.; With reference to the entire matter of keeping of records under Sectio 112(c), this Bureau has under study an appropriate program based on evaluation of certification experience during the next few months that will load to specific regulations. It is contemplated that these regulations will have an effective date of January 1, 1969.; If there is any other information you would like, I hope you will le me know.; Sincerely, William Haddon, Jr., M.D., Director

ID: aiam5422

Dear Mr. Farhat: We have received your letter of July 5, 1994, wit respect to the legality of neon lighting that your company manufactures for installation on the undercarriage of motor vehicles. You report that some users have been cited by local law enforcement authorities, and state that there has been some confusion as to the legality of this lighting. You ask for our views. This agency establishes the Federal motor vehicle safety standards which must be met from the time a motor vehicle is manufactured up until its sale to its first purchaser for purposes other than resale. Standard No. 108 specifies the lighting equipment that is required when vehicles are manufactured. Lighting equipment that is not required is permissible if it does not impair the effectiveness of the required equipment. The new car dealer is responsible for ensuring that any lighting equipment that it adds before the sale of the vehicle does not impair the effectiveness of lighting equipment that is required by the standard. The initial determination of whether an impairment exists is made by the person responsible for adding the equipment. NHTSA will not question this determination unless it is clearly erroneous. If the lighting equipment is added after the vehicle's sale by a manufacturer, dealer, distributor, or motor vehicle repair business, it is subject to the restriction that it not 'knowingly make inoperative any part' of a lamp that has been installed in accordance with Standard No. 108. Supplementary motor vehicle lighting equipment, whether added before or after initial sale of the vehicle, is subject to the laws of States in which the vehicle is operated, even if the equipment is not prohibited under Federal law. State laws may vary and this is the reason for the confusion. With respect to neon lights, we are aware of aftermarket installations of neon lights on the underside of vehicles that illuminate the pavement below. If such lamps create glare that distracts another motorist from perceiving, for example, the turn signals in use, we would consider that an impairment and a partially making inoperative within the meaning of those terms. We are unable to advise you on State laws regarding the use of neon lights on the underside of vehicles, and suggest that you write for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203. NHTSA would like manufacturers of this equipment to be aware that devices such as neon light systems which use high voltage may provide an ignition source for vehicle fires in the event of a crash. The agency would be concerned if undercarriage lighting in use causes or contributes to the severity of post- crash vehicle fires. Sincerely, John Womack Acting Chief Counsel;

ID: aiam1940

Dear Mr. Gerth: #Please forgive the delay in responding to your lette of December 12, 1974, requesting an interpretation of the definition of 'permanently attached end fittings' appearing in Federal Motor Vehicle Safety Standard No. 106-74, *Brake Hoses*. #You have described a process of heat shrinking plastic vacuum booster hose over short corrugated metal connecting tubes, the ends of which are flared to retain threaded hex fittings. You have submitted sample hose assemblies and requested confirmation of your interpretation that the end fittings are permanently attached. While these fittings may meet the common understanding of the words 'permanently attached,' Standard No. 106-74 defines 'Permanently attached end fitting' as: #>>>an end fitting that is attached by deformation of the fitting about the hose by crimping or swaging, or an end fitting that is attached by use of a sacrificial sleeve or ferrule that requires replacement each time a hose assembly is rebuilt.<<<#Deformation of the hose about the fitting by heat shrinking is not 'deformation of the fitting about the hose by crimping or swaging.' The latter part of the definition is inapplicable because the assemblies are not subject to being rebuilt. Therefore, to classify these end fittings as permanently attached would require an amendment of the standard. Such an amendment is being considered. #Your January 7, 1975, petition for reconsideration, requesting exclusion of the above described vacuum hose from the coverage of Standard No. 106-74, was received more than 30 days after the most recent amendment of the definition of 'brake hose'. Therefore, it has been treated as a petition for rulemaking. The Standard defines 'brake hose' as: #>>>a flexible conduit manufactured for use in a brake system to transmit or contain the fluid pressure or vacuum used to apply force to a vehicle's brakes.<<<#The conduit between the vacuum booster and vacuum pump in your brake booster circuit clearly falls within this definition, and hence is subject to the Standard's requirements. The NHTSA has concluded that, because of its flexibility, this hose is exposed to the same hazards as the more traditional types of vacuum brake hose and so should be subject to the same performance requirements. Accordingly, your petition to amend the definition is denied. The conduit between the vacuum pump and the intake manifold, however, falls outside the definition of 'brake hose' because, as described by Mr. Craig Jones in a conversation with Mr. Howard Dugoff of this agency on March 17, 1975, the booster system produces full vacuum even when this conduit fails. Therefore, this conduit need not comply with the requirements of Standard No. 106-74, #Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicle Programs;

ID: aiam1943

Dear Commander Heath: This is a further reply to your letter dated January 21, 1975, askin several questions regarding Standard No. 205, Glazing Materials.' We have attempted to incorporate the substance of your questions in our various answers.; 1. *Prime Glazing Material Manufacturer.* A company that buys and the bends or otherwise forms flat plastic glazing material into a motorcycle windshield is *not* a prime glazing material manufacturer, nor is a company which blows or stretches flat plastic glazing material that is purchased from another company. Prime glazing material manufacturers are only those who fabricate, laminate, or temper the glazing material. In neither of the examples you pose is the material fabricated, laminated, or tempered by the company in question.; 2. *Marking Requirements.* In the amendment to Standard No. 20 published November 11, 1972, (37 FR 24035), it was our intention to limit the use of the DOT symbol and manufacturer's code number to the prime glazing material manufacturer. Persons who cut glazing fabricated by others should not under Standard No. 205 utilize the prime manufacturer's code number or the DOT symbol. Our purpose in structuring the marking requirements this way was to enable us to determine, for purposes of attributing responsibility for conformity, which glazing in a motor vehicle had been manufactured by the prime manufacturer specifically for use in that vehicle, and which glazing had been cut, shaped, or otherwise altered before installation.; >>>(a) You are correct in your interpretation that the DOT symbol an the code number are applied by a prime glazing material manufacturer in addition to the manufacturer's trademark. It was our expectation that the prime manufacturer would furnish his customers with a heat stamp of the markings required by Section 6 of ANS Z26, without the DOT symbol and code number, by which the manufacturer cutting or otherwise shaping the material would mark those pieces he cut or shaped.; (b) Glazing produced by a prime glazing material manufacturer that i not designed for use in a specific vehicle should not contain the DOT symbol or the manufacturer's code number.; (c) The NHTSA has assigned numbers only to prime glazing materia manufacturers. We have not inquired, however, whether the company is in fact producing glazing materials for use in specific vehicle applications.; (d) As stated previously, a company which does not manufacture it glazing but which cuts glazing from larger pieces purchased from the producer of the material should not be using the prime manufacturer's code number or the DOT symbol.; (e) You are correct in your conclusion that the marking requirements o the standard do not apply to dealers. However any person (including a dealer) who sells glazing (separately or in a new vehicle) which is improperly marked may be violating Section 108 of the National Traffic and Motor Vehicle Safety Act.<<<; 3. *General Requirements.* >>>(a) Standard No. 205 does presently prohibit dealers from using th prime glazing material manufacturer's code number. If you are aware of instances where this requirement is not being followed, please forward to us the particulars of the cases in question and we will take appropriate action.; (b) Manufacturers who purchase glazing in large sheets and then cut i to fit window frames are not prime manufacturers and may not use the DOT symbol or manufacturer's code number. You are therefore not correct in your statement that a manufacturer of a window assembly may use the prime manufacturer's number even when the window manufactured is for a special application.; (c) The model number of glazing used in motorcycle windshields shoul be that which is assigned to it by the prime glazing material manufacturer in the glazing's original thickness. ANS Z26 calls for testing plastic glazing materials in substantially flat specimens, and not in molded specimens. However, the Federal standard does not require testing. Manufacturers are required only to use due care in the manufacture of their products. A person reforming' the plastic does not thereby become a prime glazing material manufacturer.; (d) The markings which should appear on plastic bubbles on minivan should be those of the prime manufacturer (not the DOT symbol or code number) of the glazing material and not those of the person who reshapes the glazing.; (e) A material marked AS4 that was used as a motorcycle windshiel would technically fail to conform to the standard as the standard does not provide for the use of AS4 materials in motorcycle windshields. However, if the material also conformed to the requirements of AS6 (which is permitted to be used in motorcycle windshields), the nonconformity would not be considered significant.; (f) Our basic approach has been that the standard applies to th vehicle locations specified in ANS Z26, and to any glazing (glass or plastics) used in those locations. However, opaque plastic materials which are clearly structural materials do not fall within the ambit of Standard No. 205.; (g) Standard No. 205 presently limits the use of plastic glazin materials in buses to readily removable windows, which include push-out windows. Plastic materials may not be used in buses in fixed quarter panels or sliding windows that are not readily removable.; We believe our reasons to be valid for limiting the use of the DO symbol and manufacturer's code number to glazing manufactured by prime manufacturers for use in a specific vehicle location. However, we would certainly be willing to consider steps you might suggest to facilitate State inspections that are consistent with the purposes of the labeling requirements presently in effect. Such a suggestion should be in the form of a petition to amend Standard No. 205 and should be specific.; Sincerely, James C. Schultz, Chief Counsel