ID: nht87-1.81

TYPE: INTERPRETATION-NHTSA

DATE: 05/28/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Nobuyoshi Takechi

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Nobuyoshi Takechi Technical Manager MMC Services, Inc. 3000 Town Center Suite 1960 Southfield, MI 48075

Dear Mr. Takechi:

This responds to your letter requesting an interpretation of Standard No. 101, Controls and Displays. Your questions are responded to below.

By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufac turer to ensure that its motor vehicles or equipment comply with applicable safety standards. The following represents our opinion based on the facts provided in your letter.

Your first question concerns the identification requirements for a master lighting switch. You stated your belief that if the headlamps and tail lamps are controlled by the master lighting switch, the switch is not required to be marked with any symbol o ther than that specified in Standard No. 101 for the master lighting switch. You also stated your belief that the manufacturer had an option to use other symbols in addition to that symbol. As discussed below, your understanding is correct.

Section S5.2.1(a) states:

Except as specified in S5.2.1(b), any hand-operated control listed in column 1 of Table 1 that has a symbol designated for it in column 3 of that table shall be identified by either the symbol designated in column 3 (or symbol substantially similar in fo rm to that shown in column 3) or the word or abbreviation shown in column 2 of that table. . . . Words or symbols in addition to the required symbol, word or abbreviation may be used at the manufacturer's discretion for the purpose of clarity. . . .

Column 3 of Table 1 designates the symbol shown In your letter for the master lighting switch. Also, footnote 2 of the table states that separate identification is not required for headlamps and tail lamps if they are controlled by a master lighting swit ch. Thus, the master lighting switch symbol is sufficient identification under Standard No. 101 for the control identified in your letter.

A drawing provided with your letter shows various positions of the master lighting switch Identified by a word or symbols, which are provided in addition to the master lighting switch symbol. As indicated in the above-quoted text, section S5.2. 1(a) perm its words or symbols in addition to the required symbol or word, for purposes of clarity.

Your second question concerns identification requirements for an upper beam control. You stated that you believe no symbol is required for the upper beam control if it is on the turn signal lever, and that it is at the manufacturer's option to use a symb ol.

Standard No. 101 does not specify any identification requirements for an upper beam control , regardless of whether it is on the turn signal lever. Thus, the manufacturer has the option of deciding whether to identify the control and, If so, how to ident ify it. We note that the symbol you plan to use for future models is the same as that designated in Standard No. 101 for the highbeam (upper beam) tell tale. Thus, your planned approach appears desirable in minimizing the number of symbols drivers must f amiliarize themselves with for the same function.

Sincerely, Erika Z. Jones Chief Counsel

Ms. Erika Jones, Chief Counsel NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 400 Seventh Street, S.W. Washington, DC 20530

Dear Ms. Jones:

This letter serves to request an interpretation or FMVSS 101; Controls and displays.

We believe, (1) if the head lamps and tail lamps are controlled by master lighting switch, this is not required to be marked with any symbol , other than and it is the manufacturer's option to use other symbols in addition to the, as desired.

(2) When using the turn signal lever for the upper beam control, no symbol is required, and it is at the manufacturer's option to use symbol as desired.

Shown by current models in Attachment 1 are the symbols we have been using. In future models, we plan to change the symbols to those shown by future models in Attachment 1.

Please inform us in a timely manner if these symbols are acceptable and whether our interpretation is correct. If you have any questions, please contact me at (515) 353-5444.

Sincerely, Nobuyoshi Takechi Technical Manager NT/sg MMC SERVICES, INC. Attachment

ID: nht95-4.66

TYPE: INTERPRETATION-NHTSA

DATE: October 25, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Orlando Ferreira -- Orion Bus Industries Ltd.

TITLE: NONE

ATTACHMT: ATTACHED TO 9/18/95 LETTER FROM ORLANDO FERREIRA TO J. MEDLIN (OCC 11221)

TEXT: Dear Mr. Ferreira:

This responds to your FAX message to Mr. Jere Medlin of this agency, asking whether your "master switch" on a transit bus must be illuminated pursuant to Standard No. 101, Controls and displays. Your master switch has four controls, "engine stop," "run," "lights," and "park." In a telephone conversation with Mr. Medlin, you explained that your "run" control functions as an "engine start" control, and your "park" control functions as a "clearance lamps systems" control.

As explained below, Standard No. 101 specifies illumination for the "engine stop" and "park" controls, but not for the "run" and "light" controls. In addition, there are identification requirements for those controls.

Your drawing of the master switch shows that the switch resembles a tuning knob on a radio. Like a knob, the switch can be turned to each of the above four positions, one position at a time. Because turning the master switch knob to each position activ ates the described function, we would consider each position to be a separate control.

You write that the master switch will be placed on a "driver's side control panel," a location that subjects controls to Standard No. 101's illumination requirements. S5.3.1 of Standard No. 101 (referencing Tables 1 and 1(a) Identification and Illuminat ion of Controls), specifies that if:

* a control is provided, * is listed in column 1 of either Table 1 or 1(a), * and is accompanied by the word "yes" in the corresponding space in column 4, Illumination, of the table,

the "identification . . . of any control" shall be capable of being illuminated whenever the headlights are activated.

"Engine stop" control The identification of the "engine stop" control must be capable of being illuminated whenever the headlights are activated. This is because in Tables 1 and 1(a), the "engine stop" control is specified in column 1, and accompanied by "yes" in the corresp onding space in column 4 of each table.

"Park" control Two issues are raised by your "park" control. The first relates to Standard No. 101's requirements for identifying controls. Under the standard, the control that regulates the parking lights is the "clearance lamps system" control, rather than the "par k" control. Since your control regulates the parking lights, it must be identified as "Marker Lamps", "MK Lps" or (as you propose) with the symbol specified in column 3 of Table 1. Labeling the control as "park" could confuse some persons into thinking "park" is a transmission park position.

The second issue is the illumination requirement. The identification of the control must be capable of being illuminated whenever the headlights are activated. As noted above, your park control has to be identified as "Marker Lamps" or "MK Lps". In Ta ble 1, the control is specified in column 1, and accompanied by "yes" in the corresponding space in column 4. Thus, the control must be illuminated.

"Run" control The same two issues discussed in our answer directly above, pertain to this control. First is Standard No. 101's requirements for identifying controls. Under the standard the control that will start the engine must be identified as "engine start" (rathe r than "run") as described in both Tables 1 and 1(a), when it is separate from the key locking system (as is yours).

The control need not be illuminated. In both Tables 1 and 1(a), the "engine start" control (which is the correct identification of the control) is specified in column 1, without a corresponding "yes" for illumination in column 4 of either table.

"Lights" control The same two issues discussed above are relevant here. The illustration you enclosed with your letter shows that you use both the word "Lights" and an identifying symbol to identify your Lights control. We are not sure that you are correctly using the symbol. The symbol you use is listed in Table 1 of Standard No. 101 as that for the master lighting switch. A master lighting switch regulates all exterior vehicle lights. If your "lights" control only regulates headlamps and taillamps, and not all ex terior vehicle lights, please designate the headlamps and taillamps as specified in column 3 of Table 1.

The "lights" control need not be illuminated. In both Tables 1 and 1(a), the "lights" control is specified in column 2, without a corresponding "yes" for illumination in column 4 of either table.

I hope this information is helpful. If you need any further information, please contact Ms. Dorothy Nakama of my staff at (202) 366-2992. Our FAX number is (202) 366-3820.

ID: nht95-7.31

TYPE: INTERPRETATION-NHTSA

DATE: October 25, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Orlando Ferreira -- Orion Bus Industries Ltd.

TITLE: NONE

ATTACHMT: ATTACHED TO 9/18/95 LETTER FROM ORLANDO FERREIRA TO J. MEDLIN (OCC 11221)

TEXT: Dear Mr. Ferreira:

This responds to your FAX message to Mr. Jere Medlin of this agency, asking whether your "master switch" on a transit bus must be illuminated pursuant to Standard No. 101, Controls and displays. Your master switch has four controls, "engine stop," "run," "lights," and "park." In a telephone conversation with Mr. Medlin, you explained that your "run" control functions as an "engine start" control, and your "park" control functions as a "clearance lamps systems" control.

As explained below, Standard No. 101 specifies illumination for the "engine stop" and "park" controls, but not for the "run" and "light" controls. In addition, there are identification requirements for those controls.

Your drawing of the master switch shows that the switch resembles a tuning knob on a radio. Like a knob, the switch can be turned to each of the above four positions, one position at a time. Because turning the master switch knob to each position activates the described function, we would consider each position to be a separate control.

You write that the master switch will be placed on a "driver's side control panel," a location that subjects controls to Standard No. 101's illumination requirements. S5.3.1 of Standard No. 101 (referencing Tables 1 and 1(a) Identification and Illumination of Controls), specifies that if:

* a control is provided, * is listed in column 1 of either Table 1 or 1(a), * and is accompanied by the word "yes" in the corresponding space in column 4, Illumination, of the table,

the "identification . . . of any control" shall be capable of being illuminated whenever the headlights are activated.

"Engine stop" control The identification of the "engine stop" control must be capable of being illuminated whenever the headlights are activated. This is because in Tables 1 and 1(a), the "engine stop" control is specified in column 1, and accompanied by "yes" in the corresponding space in column 4 of each table.

"Park" control Two issues are raised by your "park" control. The first relates to Standard No. 101's requirements for identifying controls. Under the standard, the control that regulates the parking lights is the "clearance lamps system" control, rather than the "park" control. Since your control regulates the parking lights, it must be identified as "Marker Lamps", "MK Lps" or (as you propose) with the symbol specified in column 3 of Table 1. Labeling the control as "park" could confuse some persons into thinking "park" is a transmission park position.

The second issue is the illumination requirement. The identification of the control must be capable of being illuminated whenever the headlights are activated. As noted above, your park control has to be identified as "Marker Lamps" or "MK Lps". In Table 1, the control is specified in column 1, and accompanied by "yes" in the corresponding space in column 4. Thus, the control must be illuminated.

"Run" control The same two issues discussed in our answer directly above, pertain to this control. First is Standard No. 101's requirements for identifying controls. Under the standard the control that will start the engine must be identified as "engine start" (rather than "run") as described in both Tables 1 and 1(a), when it is separate from the key locking system (as is yours).

The control need not be illuminated. In both Tables 1 and 1(a), the "engine start" control (which is the correct identification of the control) is specified in column 1, without a corresponding "yes" for illumination in column 4 of either table.

"Lights" control The same two issues discussed above are relevant here. The illustration you enclosed with your letter shows that you use both the word "Lights" and an identifying symbol to identify your Lights control. We are not sure that you are correctly using the symbol. The symbol you use is listed in Table 1 of Standard No. 101 as that for the master lighting switch. A master lighting switch regulates all exterior vehicle lights. If your "lights" control only regulates headlamps and taillamps, and not all exterior vehicle lights, please designate the headlamps and taillamps as specified in column 3 of Table 1.

The "lights" control need not be illuminated. In both Tables 1 and 1(a), the "lights" control is specified in column 2, without a corresponding "yes" for illumination in column 4 of either table.

I hope this information is helpful. If you need any further information, please contact Ms. Dorothy Nakama of my staff at (202) 366-2992. Our FAX number is (202) 366-3820.

ID: aiam2404

Dear Mr. Gill: This is in reply to your letter of September 23, 1976, asking for a interpretation of the spacing requirements for motorcycle turn signal lamps specified in Table IV of Motor Vehicle Safety Standard No. 108.; Standard No. 108 requires that motorcycle turn signal lamps be locate so that their edges are at least 4 inches from the edge of the headlamps (on the front) and tail or stop lamps (on the rear). You have asked for confirmation 'that the minimum separation distance is measured between the edges of the illuminated lenses of the respective lamps on a line passing through each lamp . . . rather than being measured on a horizontal line between two planes touching the edges of the illuminated lenses'.; This will confirm your interpretation that the minimum separatio distance is to be measured at the point where the edges of the two lamps are closest to each other.; Yours truly, Frank Berndt, Acting Chief Counsel

ID: aiam2830

Dear Mr. Caristia: Our regional office in White Plains has forwarded your letter of Ma 29, 1978, for reply.; You have requested 'approval' of your vehicle lighting system whic flashes the stop lamps at a rate three times per second when the brake pedal is depressed.; We do not 'approve' lighting devices but we do provide interpretation whether such devices are permissible under Federal lighting requirements. As an item of original vehicle equipment your device would appear to be prohibited by paragraph S4.6 of Federal Motor Vehicle Safety Standard No. 108. This paragraph requires that all lamps be steady - burning in operation except for turn signal lamps, hazard warning, signal lamps, and school bus warning lamps, and it also allows headlamps and side marker lamps to be flashed for signalling purposes.; As an aftermarket device, however, it would be subject to regulation b the individual States. We are forwarding a copy of your letter to the American Association of Motor Vehicle Administrators for an opinion on this point.; We appreciate your interest in safety. Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam3586

Dear Mr. Harris: This is in reply to your letter of July 1, 1982, to Mr. Vinson of thi office with regard to your 'new motorcycle lighting system' and asking about possible conflicts with the Federal motor vehicle safety standards.; Your device is an 'aftermarket accessory' light which may be mounted t a motorcycle helmet, and which is integrated by a cord into the motorcycle's headlighting system, providing an auxiliary beam of light in conjunction with the beam of light projected by the main headlamp.; Federal Motor Vehicle Safety standard No. 108, *Lamps, Reflectiv Devices, and Associated Equipment*, is the standard on vehicle lighting and lighting equipment while Standard No. 218, *Motorcycle Helmets*, is the other standard of relevance. Neither standard directly addresses an aftermarket device such as your and as your lamp is intended to be installed by the helmet owner, it does not appear to conflict with any other regulatory prohibition of this agency. It would, therefore, be subject to regulation by the individual States in which the device is worn.; We see nothing in your correspondence that legally qualifies a 'sensitive proprietary information', and our interpretation will be given its usual circulation.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam0127

Dear Mr. Patton: Thank you for your letter of November 15, 1968, to Mr. J.R. O'Gorman o this Bureau, requesting a clarification of Standard No. 108 as it applies to the lamps and reflectors on your utility truck body and brush chipper trailer.; The lighting equipment shown on your two enclosed drawings, dated Jun 1968, appears to meet the location requirements of Motor Vehicle Safety Standard 108, with the exception that the headlamps are not identified as required devices. If the cab guard is not used on the lift truck, the cab mounted clearance lamps would meet the location requirements of Standard No. 108, provided that the body does not exceed the overall width of the cab.; With respect to the requirements of Standard No. 108, I must point ou that this Bureau does not issue approval on items of lighting equipment or on vehicle designs incorporating this equipment. Therefore, the above comments are for your information only and in no way relieve the vehicle manufacturer from his responsibility for certifying that the assembled vehicle meets the requirements of this Standard.; Sincerely, Charles A. Baker, Office of Standards on Accident Avoidance Motor Vehicle Safety Performance Service;

ID: aiam0379

Dear Mr. Riechel:#This is in replay to your letter of June 2 requestin confirmation of certain matters concerning compliance of the 1973 model Volkswagen Type I (Beetle) and Type II (Station Wagon) vehicles with Motor Vehicle Safety Standard No. 101.#We confirm that the arrangement, identification, and illumination of the heater and defroster controls as described at the meeting of May 25 between representatives of this agency and Volkswagen, and as presented in your letter of June 2, appear to meet the intent of Standard No. 101. Specifically, the requirement of paragraph S4.3 that control identification 'shall be illuminated whenever the headlamps are activated' does not necessarily require the installation of a separate light source to illuminate the identification of each control. Thus, if the ambient illumination emanating from the dash panel provides sufficient illumination to identify heater and defroster controls mounted on the drive shaft tunnel, then the illumination requirement would appear to be met. We agree that the use of contrasting lettering on the control knobs increases the likelihood that this method of compliance would meet the intent of Standard No. 101.#Sincerely, Robert L. Carter, Acting Associate Administrator, Motor Vehicle Programs;

ID: aiam0895

Dear Mr. Kearney: This is in response to your letter of October 4, 1972, asking, amon other things, whether the National Traffic and Motor Vehicle Safety Act preempts the recent California law requiring motorcycles made on or after January 1, 1975, to be wired so that their headlamps are lit whenever the engines are running. In light of the answer to this question, it is not necessary to deal with the other ones.; It is the opinion of this agency that the California law in question i preempted in accordance with section 103(d) of the Act, 15 U.S.C. 1392(d), and is therefore void. Standard No. 108, 49 CFR S 571.108, establishes requirements for motorcycle headlighting, along with special wiring requirements for motorcycles and other vehicles. It is our position, therefore, that the California requirement is within the scope of the aspects of performance covered by Standard No. 108. Since it is not identical to a Federal requirement, it is rendered void by operation of the Act.; Sincerely, Douglas W. Toms, Administrator

ID: aiam0380

Dear Mr. Riechel:#This is in replay to your letter of June 2 requestin confirmation of certain matters concerning compliance of the 1973 model Volkswagen Type I (Beetle) and Type II (Station Wagon) vehicles with Motor Vehicle Safety Standard No. 101.#We confirm that the arrangement, identification, and illumination of the heater and defroster controls as described at the meeting of May 25 between representatives of this agency and Volkswagen, and as presented in your letter of June 2, appear to meet the intent of Standard No. 101. Specifically, the requirement of paragraph S4.3 that control identification 'shall be illuminated whenever the headlamps are activated' does not necessarily require the installation of a separate light source to illuminate the identification of each control. Thus, if the ambient illumination emanating from the dash panel provides sufficient illumination to identify heater and defroster controls mounted on the drive shaft tunnel, then the illumination requirement would appear to be met. We agree that the use of contrasting lettering on the control knobs increases the likelihood that this method of compliance would meet the intent of Standard No. 101.#Sincerely, Robert L. Carter, Acting Associate Administrator, Motor Vehicle Programs;