ID: aiam0562

Dear Mr. Frank: In response to your letter of December 9, 1971, it is correct tha Standard No. 302, 'Flammability of Interior Materials,' applies only to motor vehicles (passenger cars, multipurpose passenger vehicles, trucks, and buses) manufactured on or after September 1, 1972. The standard does not apply to replacement or aftermarket seat covers.; Sincerely, Richard B. Dyson, Assistant Chief Counsel

ID: aiam4333

Dear Mr. Mehta: This is in reply to your letter of February 23, 1987, to the Departmen of Transportation. You mentioned an earlier letter dated January 9, 1987, enclosing a copy of your product catalogue, but I regret to say that this Office has not received it.; As a producer of motor vehicle lighting equipment, you have asked fo answers to the following questions:; >>>'1. Details of DOT/SAE approval required in marketing our Headlam Units 7 inch, 5 3/4 inch (Round) and Rectangular small and large'.<<<; In the United States no 'approval' is required to import the headlamp that you mention. However, the manufacturer must assure itself that the headlamp comply with the requirements of Federal Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment* (essentially those of the SAE for round and rectangular sealed beam headlamps), and certify each one as meeting all applicable Federal motor vehicle safety standards. This certification is a DOT symbol on the headlamp lens.; >>>2. Can we market those lamps as referred in Para. No. 1 fitted wit 9004, 9005 and 9006 Bulbs. If There is any specifications/technical details available with you, please send us a copy.'<<<; The headlamps discussed in paragraph 1 are sizes traditionall associated with sealed beam headlamps, rather than with replaceable bulbs such as the DOT HB1 (9004), HB3 (9005), and HB4 (9006). However, it is permissible to produce headlamps in these sizes, which incorporate replaceable light sources that are specified by Standard No. 108. However, such headlamps must meet all the requirements of the standard applicable to replaceable bulb headlamps. I enclose(sic) a copy of Standard No. 108 for your information.; >>>'3. We understand that the use 9004, 9005, 9006 bulbs are permitte on Headlamps with Lens and Reflectors made of Plastic. Kindly advise, if we can use these Reflectors made of metal?'<<<; Yes, a headlamp may have a reflector of either plastic or metal. >>>'4. Details of approval required for High Beam Driving Lamps to b use for off- road vehicle.'<<<; >>>'5. The details of specfications (sic) for Driving Lamps to be use on Cars, Trucks, etc.'<<<; Standard No. 108 does not require vehicles to be equipped with drivin lamps and it establishes no requirement for them. If there are any specifications or approvals required, they are those of the individual States in which these lamps would be sold and used. For further information on State requirements you should write: American Association of Motor Vehicle Administrators (AAMVA), 1201 connecticut Avenue, N.W., Washington, D.C.; It is the position of this Department that any headlamp unit which i capable of replacing a passenger car headlamp must meet the applicable requirements of Standard No. 108, even if it may also be used on off-road vehicles.; You have also asked for copies of 'SAE F-80 Front Fog Lamps' an SAE-J-79 Motor Cycle Headlamps'. We are not familiar with these materials and advise you to write: Society of Automotive Engineers Inc., 400 commonwealth Drive, Warrendale, Pa. 15096. As for 'Specification for Driving Lamps Using H3 Bulb', this appears to be a European specification unknown to us, as the H3 bulb is one that is not widely used in the United States.; The following is a listing of those requirements that must be complete before shipments begin. You must:; 1. Appoint an agent for service of process in accordance with Title 49 Code of Federal Regulations, Part 551 (49 CFR 551).; 2. Provide information as specified in 49 CFR 566, 'Manufacture Identification.'; If you determine in good faith that any lamp manufactured by you doe not conform with Standard No. 108 or contains a safety-related defect, section 151 (15 USC 1411) of the Act requires that you furnish notification to the Secretary and to owners in accordance with section 153 (15 USC 1413) and to remedy without cost the failure to conform or defect in accordance with 154 (15 USC 1414). Details are contained in 49 CFR 573, 576 and 579.; We are enclosing the following pertinent publications: 1. The Act 2. 19 CFR 12.80, 'Regulations for Motor Vehicle Importation' 3. 49 CFR 551, 'Procedure Rules' 4. 49 CFR 573, 'Defect and Noncompliance Reports' 5. 49 CFR 576, 'Record Retention' 6. 49 CFR 579, 'Defects and Noncompliance Responsibility' 7. Information for New Manufacturers of Motor Vehicle and Motor Vehicl Equipment; If we may be of further assistance, please let us know. Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam5554

"Dear Ms. Bailey: This responds to your letter and telephone call t Walter Myers of this office asking two questions about new 15-passenger vans that Camp Berachah leased from a dealer. I apologize for the delay in this response. You first asked whether we require the leased vans to comply with our Federal motor vehicle safety standards (FMVSS) for school buses. You also asked whether we require the vans to comply with those FMVSSs if Camp Berachah loaned or subleased them to a school. Subject to a few considerations, the answer to both questions is no. Some background information on our school bus regulations would be helpful. Our regulations require any person selling or leasing a new vehicle to sell or lease a vehicle that meets all FMVSSs applicable to that vehicle. Accordingly, persons selling or leasing a new school bus must sell or lease a vehicle that meets the FMVSSs applicable to school buses. Under 49 U.S.C. 30101, et seq. (referred to as Safety Act), a school bus is any vehicle that carries 11 or more persons and which is likely to be significantly used to transport students to or from school or related events. Thus, persons selling or leasing a new vehicle that carries 11 or more persons and which is likely to be significantly used to carry students is selling or leasing a new school bus. That means that the new vehicle must meet the school bus FMVSSs. The FMVSSs apply only to new vehicles prior to sale to the first retail purchaser. The onus of complying with the school bus regulations is mainly on the seller or dealer to ensure that each new school bus it sells or leases has been certified to the school bus FMVSSs. The purchaser, on the other hand, is not subject to such constraints. Under our school bus regulations, the purchaser is free to use any vehicle to transport school children. That is because this agency does not regulate the use of vehicles once they have been sold at retail. Turning to your questions, we answer no to your first question based on the following. It was unclear from your letter whether Camp Berachah is connected with a school. In directing NHTSA to issue its school bus regulations, Congress considered buses used to transport children to camps connected with schools to be subject to the school bus FMVSSs. However, you clarified the nature of Camp Berachah in your conversation with Mr. Myers. You said that Camp Berachah is independent from any school and is not in any way affiliated with a school. Based on that information, Camp Berachah does not appear to be a school. Thus, our school bus regulations do not require the leasing of complying school buses for Camp Berachah purposes. In your second question, you asked whether the new leased vans had to comply with the school bus FMVSSs if Camp Berachah lent, rented or subleased them to a school. The answer depends on whether the vans are significantly used for pupil transportation, and if so, whether the dealer knew or should have known of such use. New vans that are likely to be significantly used to transport school children would be school buses, and the dealer leasing the new van is required to lease certified school buses. Use of the vans on a one-time or occasional basis would not constitute significant use as a school bus. However, if Camp Berachah were to sublease the vans to a school for long-term use, we believe the use of those vans for school transportation would be significant within the meaning of the Safety Act. Accordingly, the leasing company could not lease a new van for this purpose. You should also note that the states have the authority to regulate the use of vehicles by motorists. Thus, although NHTSA does not require the sale or use of complying school buses in the situations you described, Washington does have such authority. You may wish to contact the state director of pupil transportation to learn more about any state requirements applicable to vehicles used as school buses. In closing, we would like to note that school buses are one of the safest forms of transportation in this country. We therefore strongly recommend that all 15-passenger vans that are used to transport school children be certified as meeting the school bus safety standards. I hope this information is helpful. Should you have any further questions or need additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";

ID: aiam0857

Dear Mr. Rauscher: This is in reply to your letter of August 1, 1972, requesting a interpretation in regard to the application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials', to hoses used in engine compartments and to hoses used in engine compartments that would also 'lead through the firewall into the passenger compartment'.; Hoses are not included in the list of motor vehicle interior component (Section S4.1) to which the Standard applies, and therefore they are not covered by the Standard.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: 12607.ztv

Larry Keith Evans, Esq.
Evans & Evans
113 West Taylor Street
Griffin, GA 30223

Re: Ox Bodies, Inc.; Fayette, Alabama

Dear Mr. Evans:

This is in reply to your letter of October 9, 1996, with reference to the lighting design on the rear of a dump truck manufactured by Ox Bodies, Inc. Although you did not ask for a reply, I assume that you are interested in our comments regarding several observations you have made.

Your understanding of the pertinent requirements of 49 CFR 571.108 Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment is essentially correct. A truck whose overall width is 80 inches or more must have two red clearance lamps mounted on the rear. Rear side marker lamps and rear clearance lamps may be combined providing that the minimum photometric candela requirements for each are met. Compliance of rear clearance lamps, combination or otherwise, with the photometric minimum candela requirements of SAE Standard J592e, Clearance, Side Marker and Identification Lamps, July 1972 (incorporated by reference into Standard No. 108) is determined with the H-V axis of the lamp taken as parallel with the longitudinal axis of the vehicle. Ox Bodies is correct insofar as it states that the lamp must meet the minimum requirements when tested in the laboratory, but incorrect when it states that "there is no requirement that the light meet any requirements as installed on the vehicle." While Section S5.3 Location of required equipment does not specifically state that photometric requirements must be met when the clearance lamp is installed on a vehicle, compliance upon installation is implicit in paragraph S5.3.1.1. This paragraph specifies that "no part of the vehicle shall prevent . . . any other lamp [e.g. a clearance lamp] from meeting the photometric output at any test point specified in any applicable SAE

Standard. . . ." However, the issue in this case is whether a clearance lamp has been supplied in the first instance.

The photographs you enclosed clearly show that the side marker lamps on the truck in question are recessed in a side panel and cannot be seen from the rear. In our opinion, the truck has not been equipped with clearance lamps as required by Standard No. 108.

I note that you have furnished a copy of this letter to one of our standards enforcement engineers. The agency's Office of Vehicle Safety Compliance will give this matter the consideration it deserves, and we thank you for calling it to our attention.

Sincerely,

John Womack

Acting Chief Counsel

ref:108

d:11/18/96

ID: nht75-3.23

DATE: 08/25/75

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Compact Van Equipment Co. Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of July 17, 1975, inquiring as to the regulations to which you may be subject by manufacturing and selling interior shelving, interior safety bulkheads, and roof mounted ladder carriers for Ford Econoline vans.

The National Highway Traffic Safety Administration has issued regulations covering the alteration of completed, certified motor vehicles before their sale to a purchaser for purposes other than resale. (49 CFR @@ 567.7 and 567.8; copy enclosed). Under these regulations, an alteration which either (1) invalidates a vehicle's existing weight ratings or (2) involves installation of other than "readily attachable" components gives rise to a responsibility for affixing an alterer label, which identifies the alterer and contains some additional information.

From the description of your products, it appears that no special expertise or tools are required for their installation. They would also seemingly not affect a vehicle's weight ratings. If this assessment is correct, we would accept as reasonable a manufacturer's determination that they are "readily attachable", and that an alterer label is therefore not required when these products are installed.

The only Safety Standard that might apply to your products is Standard No. 302, Flammability of Interior Materials (copy enclosed).

In addition, as items of motor vehicle equipment, your products are subject to the requirements of the National Motor Vehicle and Traffic Safety Act of 1966, as amended, and must therefore be free from safety-related defects.

If you have any further questions, feel free to write again.

SINCERELY,

July 17, 1975

James Holtkamp Office of Chief Council National Highway & Safety Administration Department of Transportation

Persuant to our phone conversation of July 16, '75, I am inquiring about what regulations my company would be subject to when we begin to manufacture and sell interior shelving, interior safety bulkheads, and roof mounted ladder carriers for the small Ford Econoline type van truck.

I am aware of Motor Carrier Safety regulations regarding the use of safety bulkheads on vehicles engaged in inter-state commerce (U. S. Dept. of Transportation, Federal Highway Adm. Bureau of Motor Carrier Safety regulation, Title 49, Chapter 111, subchapter B., Part 393-104

Also, I am aware of certification requirements for vehicles, partiall completed vehicles, and bodies and trailers.

However, to my knowledge there are no regulations pertaining to the type of equipment I am requesting further information on.

Would you be kind enough to pass on to me any information that I should have and outline any regulations that I might be subject to as a manufacturer, or installer of this type equipment.

Please note, that normally my company would not take title to any vehicle that our equipment is manufactured for.

Wade H. Barrineau, 111 President

ID: aiam1036

Dear Mr. Davis: This is in reply to your letter of February 20, 1973, asking for a interpretation of the self-extinguishing test in the burn- rate requirement of Paragraph S4.3 of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials'. You ask whether both the 60- second as well as the 2-inch criterion must be satisfied in order to meet this self-extinguishing test. The answer to your question is yes. Both criteria must be met before any material shall be considered to have satisfied the burn-rate requirement.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: 004597drn

Michael E. Ogle, Sales Manager
Schiller International Corp.
120 Newsons Gait
Fayetteville, GA 30215

Dear Mr. Ogle:

This responds to your request for an interpretation whether a Liebherr mobile construction crane that your company has imported into the United States is a "motor vehicle." This letter confirms that the National Highway Traffic Safety Administration (NHTSA) does not consider the mobile construction crane to be a "motor vehicle."

You have enclosed brochures (with a photograph and diagrams) describing the crane at issue, the Liebherr LTM 1090/2, 110 ton mobile crane.

By way of background information, NHTSA interprets and enforces the laws under which the Federal motor vehicle safety standards are promulgated. NHTSAs statute at 49 U.S.C. Section 30102(a)(6) defines the term "motor vehicle" as follows:

a vehicle driven or drawn by mechanical power manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

Further, if a vehicle is a "motor vehicle," it must comply with all applicable Federal motor vehicle safety standards in order to be imported into the United States (49 U.S.C. 30112(a)). The question is whether the Liebherr LTM 1090/2 is a "motor vehicle."

Whether the agency will consider a construction vehicle, or similar equipment, to be a motor vehicle depends on its use. It is the agency's position that this statutory definition does not encompass mobile construction equipment, such as cranes and scrapers, which use the highway only to move between job sites and which typically spend extended periods of time at a single job site. In such cases, the on-highway use of the vehicle is merely incidental and is not the primary purpose for which the vehicle was manufactured. In instances where vehicles, such as dump trucks, frequently use the highway going to and from job sites, and stay at a job site for only a limited time, such vehicles are considered motor vehicles for purposes of the Safety Act, since the on-highway use is more than "incidental."

Based on the literature provided in your letter, we believe the on-highway use of your equipment is merely incidental and not the primary purpose for which they were manufactured. Therefore, we do not consider it to be a "motor vehicle."

We note that our interpretations in this area are based on a court decision issued in 1978. Subsequent legal developments make the holding of that court decision open for reassessment. Moreover, some mobile construction equipment may be using the public roads with greater frequency than the equipment the court decided were not motor vehicles subject to our jurisdiction. At some point in the future, we may revisit the issue of whether certain mobile construction equipment should be considered motor vehicles. However, if we were to take such action, we would announce it publicly, and address such issues as what standards should apply to the vehicles and what effective date is appropriate.

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

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:VSA 102(3)
d.10/20/03

ID: 18167.ztv

Mr. Mitch L. Williams
President & CEO
Hella, Inc.
P.O. Box 2665
Peachtree City, GA 30269

Dear Mr. Williams:

I am replying to your letter of June 9, 1998, to Richard Van Iderstine of this agency. You write about Hella's new green rear lamp assemblies that do not conform to SAE standards. These lamps are "available in several colors," and "illuminate in the normal stop, tail, and turn signal lamp colors." You would like to sell the product for "show cars" and label the lamp "For Off-road use only. Not for use on public highways. This product does not conform to any U.S. Federal Motor Vehicle Safety Standard." You believe that this situation is legal "assuming that no car dealer, vehicle manufacturer or repair shop installs these lamps."

You also write that "this is a standard Hella accessory product in other parts of the world" and that they meet Economic Commission for Europe (ECE) requirements. You have furnished Mr. Van Iderstine with a unit intended for installation on a Volkswagen Golf passenger car. This is a sufficient basis for us to conclude that the rear lamp assemblies that meet ECE passenger car requirements are intended as replacement equipment for original equipment rear lamp assemblies, and are "motor vehicle equipment" for purposes of regulation by the National Highway Traffic Safety Administration (NHTSA). Under the laws that we administer, it is illegal to import into the United States motor vehicle equipment that does not comply with all applicable Federal motor vehicle safety standards. We note that a statement indicating that the lamps "are not for use on public highways" is not sufficient to exclude them from the standard's applicability if they are, in fact, capable of being used as replacement lamps. The two primary exceptions provided by statute are if the equipment is intended solely for export and so labeled (49 U.S.C. 30112(b)(3)) or if the equipment requires further manufacturing (49 U.S.C. 30112(b)(8)). Neither of these exceptions apply here. This means that Hella may not import or sell this item of motor vehicle equipment in the United States in the replacement market until such time as Hella certifies compliance of the lamp assembly's functions with all relevant requirements of Federal Motor Vehicle Safety Standard No. 108 . A civil penalty of up to $1,100 per violation may be imposed for violation of these requirements, up to a total of $880,000 for any related series of violations.

Under the third exception, noncomplying motor vehicle equipment may be temporarily imported for purposes of research, investigation, demonstrations, training, or competitive racing event. (49 U.S.C. 30114). This has been implemented by 49 CFR 591.6(j). Congress recently amended Sec. 30114 to allow importation of nonconforming vehicles and equipment for show and display as well. We are in the process of amending Sec. 591(6)(j) to reflect the amendment.

Under the amendment, Hella, with NHTSA' permission ( Sec. 591.6(j)(2)) might be permitted to import some vehicles with green taillamps for show or display, even though sale of the vehicle or the lamps is not permitted. We would be disinclined to permit importation of the lamps alone since they are shown or displayed to best advantage only when they are installed on motor vehicles.

If you have further questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
d.7/17/98
ref:591

ID: 16075.ogm

Michael D. Witten
President
RW Industries
598 Eaton Ave.
Denuba, CA 93618

Dear Mr. Witten:

This responds to your letter concerning a device you have designed which, as you described, has "the purpose of positioning the cross over section of seat belts in automobiles. Later in the letter you refer to this device as the "Seat Belt Positioner." You request that this office provide you with the legal data regarding the manufacturing and marketing of items used as automobile accessories.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. The agency does not approve, certify or endorse any vehicles or equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet all applicable standards. The following represents our opinion based on the facts provided in your letter.

There is currently no Federal motor vehicle safety standard that would apply to your product. We do have a standard (Standard 209, Seat belt assemblies) that sets forth requirements for new seat belt assemblies. However, since your product would not be installed as part of a new seat belt assembly, the standard would not apply.

While no Federal motor vehicle safety standard applies to your product, your device is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. 30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 49 U.S.C. section 30122, which prohibits them from installing the device if the installation "makes inoperative" compliance with any safety standard. It appears unlikely from the nature of your product that it would be placed in vehicles by commercial businesses instead of consumers. However, if your product were to be installed by persons in those categories, they must ensure that its installation does not compromise the safety protection provided by the vehicle belt system. The prohibition of section 30122 does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment.

Please note that the addition of any device to a vehicle's belt system raises possible safety concerns. With a device such as yours, the realigning of the shoulder belt could increase the likelihood that the wearer would twist toward the middle of the vehicle, so that the person could be partially or completely unrestrained by the shoulder belt. In addition, if the device introduced excessive slack into the belt system, the occupant's head would be more likely to contact the vehicle interior. Finally, you should be aware that originally installed safety belts must meet the requirements of Standard No. 302, Flammability of Interior Materials. We encourage you to evaluate your product against the requirements of this standard to ascertain whether it would degrade the flammability performance of safety belts.

I hope this information has been helpful. If you have any other questions, please contact Otto Matheke of my staff at this address or by phone at (202) 366-5253.

Sincerely,
John Womack
Acting Chief Counsel
d.1/8/98
ref:209