ID: nht95-7.35

TYPE: INTERPRETATION-NHTSA

DATE: November 8, 1995

FROM: Jane Thornton Mastrucci -- Thornton, Mastrucci and Sinclair

TO: John Womack -- Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: 12/26/95 letter from Samuel J. Dubbin (signed by John Womack) to Jane Thornton Mastrucci (A43; Part 571.3; VSA 102)

TEXT: We represent the Dade County School Board with respect to its vehicular litigation.

The Florida Legislature has just passed a new law, F.S. 234.02 (1)(a) which allows a School Board to use, in addition to passenger cars not exceeding eight students, any other motor vehicle designed to transport ten on fewer persons which meets all federal motor vehicle safety standards for passenger cars. Similarly, the Department of Education Rule 6A-3.017 (10)(c) allows the transportation of students, when necessary or practical, in multipurpose vehicles, providing the MPV meets all of the applicable passenger car federal motor vehicle safety standards, except the standard pertaining to window tinting. Copies of both of these statutes are attached.

Would you please advise which passenger vehicles which multipurpose vehicles meet all federal motor safety standards.

Thanking you for your courtesy and cooperation in advance, I remain,

Florida statutes are omitted.

ID: aiam4516

"Dear Mr. Snyder: This is in reply to your letter of March l0, l988, t the Department's regional office in Philadelphia, asking for a response concerning 'ornamental lighting.' In your opinion 'a few extra lights on the side and rear of a vehicle would help other people see you better while driving at night.' The agency is interested in the role that vehicle conspicuity plays in accidents and accident avoidance. With reference to motorcycles, we have amended our motor vehicle lighting standard to prescribe performance characteristics for headlamp modulation. We were prepared to amend the standard to require the activation of motorcycle headlamps when the ignition was turned on (but did not do so when we learned that almost all motorcycles were being wired to operate in that fashion). Some time ago we asked the public to comment on ways of increasing the conspicuity of large vehicles as our research had indicated that reflective tape applied to the side and rear of wide trucks and trailers might lessen crashes and crash severity, and our research still continues in this area. Most importantly we adopted the center highmounted stop lamp for passenger cars because of the ability it demonstrated in test fleets to reduce the frequency of rear end impacts. The type of lights of which you speak are referred to as 'presence' lamps (as contrasted with 'signal' lamps), and the agency over the years has acted with respect to all motor vehicles by requiring them to be equipped with side marker lamps, and by increasing the lens area for stop lamps. As the Federal safety standards are by statutory definition 'minimum' safety standards, the requirement that there be two taillamps, for example, does not mean that a manufacturer may not add two more if it wishes, or any lighting device not covered by the standard. The sole restriction is that lighting devices added by the manufacturer or dealer that are in excess of the minimum must not impair the effectiveness of the equipment required by the standard. This could happen, for example, if a fog lamp (not covered by the standard) was of an intensity and located so that it masked an adjacent front turn signal. With respect to nighttime operation, the critical issue would appear to be thatadditional lighting devices not create glare to oncoming and following drivers. The owner of the vehicle is not under a similar Federal restriction, and may personally add such additional lighting devices as seems desirable, subject to the laws of the States where the vehicle is registered and/or driven. However, the owner may not have these devices installed by a motor vehicle dealer or repair business if the result is to render wholly or partially inoperative any of the vehicle's original lamps or reflectors. We appreciate your suggestion for improving motor vehicle safety. Sincerely, Erika Z. Jones Chief Counsel";

ID: aiam3497

Dear Mr. Moyer: This is in reply to your letter of September 22, 1981, about you 'alert device which automatically turns on the stop lamps of the vehicle when the accelerator is released.' You wish our permission to install the device for experimentation and testing on other vehicles, as well as an interpretation of Federal Motor Vehicle Safety Standard No. 108 whether your device is allowable.; As you know, the agency has devoted considerable effort to improve rea braking signals, culminating in its proposal that passenger cars be equipped with a single high- mounted stop lamp on the centerline of the vehicle. The concept of a pre-brake application signal is a familiar one to us, but the agency has conducted no formal research with respect to it, and in view of its stop-lamp proposal, is unlikely to do so. The technical issues that we consider relevant to your concept are (1) whether most rear-end accidents are preceded by a 'panic' stop by the struck vehicle, (2) whether panic stops involve unique driver behavior that can be reliably discriminated from non-panic stop behavior and used to trigger a pre-braking signal, and (3) whether the resulting signal will automatically result in a decrease in the reaction time of following drivers that is equal to the early warning time it provides. We know of no scientifically acceptable data that support these critical assumptions. We are especially concerned that a high rate of 'false alarms' may lead to a decrease in the overall warning value of the stop lamp signal itself, i.e., the 'cry wolf' phenomenon. This could lead to a significant reduction in the effectiveness of any proposed system.; Paragraph 2.1 of SAE Standard J586d, *Stop Lamps*, September 1977 incorporated by reference in Standard No. 108, defines a stop lamp as one whose operation indicates 'the intention of the operator of a vehicle to stop or diminish speed by braking.'; Your device would activate the stop lamp under a condition indicatin an intent other than the above, which could impair the effectiveness of the stop lamps. We view any use of required lighting equipment for a purpose other than as defined, as an 'impairment' within the prohibition of paragraph S4.1.3 of Standard No. 108 if the device is installed as original equipment. If the device is sold in the aftermarket, our laws preclude modifications that 'render ineffective in whole or in part' required lighting equipment, if the modifications are performed by a person other than the vehicle owner. We would consider your system prohibited by this provision as well.; Noting your comment that the device may be used for testing on schoo buses, this means that there is no prohibition under the laws that we administer which would forbid a school district from installing your device on its fleet. Such a modification would be subject to laws of the jurisdiction in which the school bus is registered and operates.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam4736

"Dear Mr. Martin: This responds to your letter to this agency's Publi Affairs Office asking about the application of Safety Standard (FMVSS) No. 301, Fuel System Integrity, to a van used by a correctional institution to transport inmates. Your letter has been referred to me for reply. I regret the delay in responding. As you may know, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act to issue safety standards for new motor vehicles and motor vehicle equipment. NHTSA issued Standard No. 301 to reduce deaths and injuries resulting from fuel spillage in crashes. The standard applies to new vans manufactured on or after September 1, 1976, that have a gross vehicle weight rating (GVWR) of 10,000 pounds or less. Under the Vehicle Safety Act, each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. Thus, if the vans in your letter were manufactured on or after September 1, 1976, the van manufacturer was required to certify their compliance with Standard No. 301. However, even if the vans did not comply with that standard, the Act does not place any responsibility for that noncompliance on the first purchasers and subsequent owners of the vans. Since some states do require that vehicles used for certain purposes comply with our standards, you may wish to address your question to appropriate State authorities in Tallahassee. We regret we cannot provide the testing you seek. NHTSA obtains and tests new vehicles for compliance with FMVSS No. 301. However, since the standard applies only to new vehicles, NHTSA does not conduct compliance tests on vehicles that have already been sold to a consumer. The agency also cannot test every new type or model of vehicle, since it would be impracticable to do so. For your information, Safety Standard No. 217 specifies emergency exit requirements for vans designed to carry 11 or more persons. However, the standard excludes vans purchased for transporting prison inmates. This exclusion resulted from a determination that the standard's requirements were incompatible with the necessity that buses used for transporting inmates be able to confine their occupants in transit. I have enclosed a copy of Standard No. 217 for your information. You also asked whether we require roll bars on vehicles used to transport 12, 13 or 14 passengers. The answer is no. However, NHTSA does have a standard for roof crush protection (Standard No. 216) which requires the roof over the front seating area of cars to meet certain strength requirements. NHTSA has proposed to extend the standard to light trucks and buses (GVWR of 10,000 pounds or less). I have enclosed a copy of that proposal for your information. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosure";

ID: aiam5095

"Dear Mr. Horian: This responds to your two letters of November 6 1992, with respect to the allowability under Federal regulations of the 'Sudden Brake Indicator Hazard Light.' As you describe it, 'when a driver engages in hard braking, a circuit activates a separate lighting system to warn other drivers to pay special attention to a potentially hazardous situation.' This system will not utilize any of the existing rear lights on a vehicle, and will consist of a single lamp or pair of lamps, either mounted separately, or in the same housing as the center high-mounted stop lamp. The system will be red or amber in color, and either steady burning or flashing. The system is activated only when a predetermined threshold of pressure is reached upon depression of the brake pedal. Supplementary lighting systems such as the one you have described are permissible as original motor vehicle equipment under Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment if they do not impair the effectiveness of the lighting systems required by the standard, or if there is no provision of the standard that affects them. Paragraph S5.4 of Standard No. 108 specifically prohibits the physical combination of the center highmounted stop lamp with any other lamp or reflective device, thus your system could not be used in a common housing with the center light (see copy of enclosed letter to Mr. S. Suzuki on this subject). However, if the system is mounted separately, under the circumstances you have presented, we do not believe that there would be any direct impairment of the required rear lights, or indirect impairment such as might be created when confusion may result upon simultaneous operation of the supplementary light and any required light. As the letter to Mr. Suzuki indicates, passenger cars manufactured before September 1, 1985, were not required to be equipped with the center lamp. This means that your light could be combined in the same housing as a center lamp intended for installation on vehicles manufactured before September 1, 1985, but it could not be part of a replacement center lamp intended for use on vehicles manufactured subsequently. In addition, with the exception just noted, installation of the system on a vehicle in use would not appear to affect the safety functioning of any safety system necessary for continued conformance of the vehicle, it would appear that your system is acceptable for sale and installation in the aftermarket as well. However, the individual States have the authority to regulate lamps for vehicles in use, and we suggest that you contact the American Association of Motor Vehicle Administrators (AAMVA) for an opinion as to whether the system is permissible under State laws. AAMVA's address is 4600 Wilson Boulevard, Arlington, Va. 22203. Sincerely, Paul Jackson Rice Chief Counsel Enclosusre ";

ID: aiam0614

Dear Mr. Maty: Thank you for your letter of February 16, 1972, to Secretary Joh Volpe, concerning the length of seat belts in a 1972 Cadillac automobile.; Federal Motor Vehicle Safety Standard No. 208 Occupant Cras Protection, copy enclosed, specifies requirements for occupant restraint systems. Effective January 1, 1972, car manufacturers are required to provide Type 2 belt assemblies (lap-shoulder belts) at the front outboard seating positions and lap belts at other positions. The Type 2 belt assemblies may have either integral or detachable shoulder belts, but the distance between the intersection of the lap- shoulder belt and the vertical centerline of a 50th-percentile adult male occupant must be at least six inches when the seat is in its rearmost position. The purpose of this requirement is to reduce the possibility of the shoulder belt pulling the lap belt up onto the occupant's abdomen where it could cause serious injury in a crash.; We have examined several 1972 model cars and have found that som manufacturers have chosen belt designs that provide distances of ten inches or more between the lap-shoulder belt intersection and the centerline of the occupant. The standard does not prohibit distances greater than six inches, but it is obvious that the greater this distance, the closer the inboard end of the belt is to the seat and the more difficult it is to buckle the belt. I am happy to inform you that we have already initiated rule making action to amend Standard No. 208 that would prohibit such excessive distances.; Under the requirements of the National Motor Vehicle and Traffic Safet Act, copy enclosed, it is a violation of the law to sell a vehicle that does not conform to an applicable standard. Although the Act does not prevent the purchaser of a vehicle from altering or removing a safety device, after he has completed the purchase, we strongly advise him against such action. A dealer who performs such services after he has sold the vehicle does not violate the law, but he does his customer a disservice.; In regard to the belts in the Cadillac you sold to Mr. and Mrs. T Albert McCulley, we do not have the authority to grant or deny you permission to lengthen the inboard end of the belt. We can only suggest that perhaps you could lengthen the belt only to the extent that is necessary to provide a distance of not less than six inches between the intersection of the lap-shoulder belt and the centerline of a 50th-percentile adult male occupant measured in accordance with paragraph S7.1.2 of Standard No. 208.; Thank you for your interest in motor vehicle safety. If we can be o further assistance, please do not hesitate to contact us.; Sincerely, Robert L. Carter, Acting Associate Administrator, Moto Vehicle Programs;

ID: aiam3272

Dear Mr. Fondiller: This responds to your March 18, 1980, letter to this agency in whic you posed some questions about a 3-wheeled vehicle your company plans to produce. First, you wanted to know if a 3-wheeled vehicle would be classified as a car, a motorcycle, or some other vehicle. Second, you asked if the vehicle could be licensed for street and/or highway use. Third, you asked if replacing the single rear wheel with a double rear wheel would result in the vehicle being classified as a 3- wheel or 4-wheel vehicle, and what effect, if any, classification as a 4-wheel vehicle would have on the answers given to the first two questions.; This agency classifies all 3-wheeled motor vehicles as motorcycles pursuant to the definition of 'motorcycle' given in 49 CFR S 571.3. The pertinent part of that section reads:; >>>'Motorcycle' means a motor vehicle with motive power having a sea or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.<<<; We determine the number of wheels on a vehicle simply by counting thos wheels. Hence, if you were to replace the single rear wheel with a double rear wheel, the vehicle would then be a 4-wheeled vehicle and could not be classified as a motorcycle. Such a vehicle would be classified as a passenger car.; The classification of a vehicle is important since it affects th Federal motor vehicle safety standards with which the vehicle must comply If a vehicle is a motorcycle, it must comply with the following safety standards: 108, 111, 112, 115, 120, 122, 123, and 127. If, on the other hand, a vehicle is a passenger car, it must comply with the following standards: 101, 103, 104, 107, 108, 110, 111, 112, 113, 114, 115, 118, 124, 127, 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212, 214, 216, 219, and 302. As you see, the requirements for passenger cars are more stringent than for motorcycles.; I have enclosed a pamphlet prepared by this agency which gives a brie summary of the requirements of each of the Federal motor vehicle safety standards. However, because of the volume of these standards, we do not provide copies directly. I have also enclosed an information sheet which explains how you can obtain copies of our standards and other regulations.; This agency does not license any vehicles for street or highway use. W specify performance requirements, and any motor vehicle must be certified by its manufacturer as being in compliance with all applicable safety standards as of the date of its manufacture. If the vehicle complies with these requirements, we specify no further steps which must be taken.; If you have any further questions concerning motor vehicle safety o need further information, please do not hesitate to contact me.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam3273

Dear Mr. Fondiller: This responds to your March 18, 1980, letter to this agency in whic you posed some questions about a 3-wheeled vehicle your company plans to produce. First, you wanted to know if a 3-wheeled vehicle would be classified as a car, a motorcycle, or some other vehicle. Second, you asked if the vehicle could be licensed for street and/or highway use. Third, you asked if replacing the single rear wheel with a double rear wheel would result in the vehicle being classified as a 3- wheel or 4-wheel vehicle, and what effect, if any, classification as a 4-wheel vehicle would have on the answers given to the first two questions.; This agency classifies all 3-wheeled motor vehicles as motorcycles pursuant to the definition of 'motorcycle' given in 49 CFR S 571.3. The pertinent part of that section reads:; >>>'Motorcycle' means a motor vehicle with motive power having a sea or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.<<<; We determine the number of wheels on a vehicle simply by counting thos wheels. Hence, if you were to replace the single rear wheel with a double rear wheel, the vehicle would then be a 4-wheeled vehicle and could not be classified as a motorcycle. Such a vehicle would be classified as a passenger car.; The classification of a vehicle is important since it affects th Federal motor vehicle safety standards with which the vehicle must comply If a vehicle is a motorcycle, it must comply with the following safety standards: 108, 111, 112, 115, 120, 122, 123, and 127. If, on the other hand, a vehicle is a passenger car, it must comply with the following standards: 101, 103, 104, 107, 108, 110, 111, 112, 113, 114, 115, 118, 124, 127, 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212, 214, 216, 219, and 302. As you see, the requirements for passenger cars are more stringent than for motorcycles.; I have enclosed a pamphlet prepared by this agency which gives a brie summary of the requirements of each of the Federal motor vehicle safety standards. However, because of the volume of these standards, we do not provide copies directly. I have also enclosed an information sheet which explains how you can obtain copies of our standards and other regulations.; This agency does not license any vehicles for street or highway use. W specify performance requirements, and any motor vehicle must be certified by its manufacturer as being in compliance with all applicable safety standards as of the date of its manufacture. If the vehicle complies with these requirements, we specify no further steps which must be taken.; If you have any further questions concerning motor vehicle safety o need further information, please do not hesitate to contact me.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam5036

"Dear Mr. Welker: This responds to your letter about a mirror syste designed to improve a driver's view of areas behind a motor vehicle. You explained that a 35' vertical post would be bolted near a vehicle's rear bumper. This would result in a mirror being located a few inches above the top rear window stop light and facing forward at a 45 angle. You asked whether such a device would be legal. The following discussion and the enclosed information sheet, 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment,' explain your responsibility under NHTSA's regulation. By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not approve, endorse, or certify motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act ('Safety Act'), the manufacturer is responsible for certifying that its vehicles or equipment comply with applicable Federal motor vehicle safety standards. The Safety Act requires that these safety standards establish minimum levels of performance for vehicles or equipment. Once the performance level has been established, vehicle or equipment manufacturers are free to choose any means they wish to achieve the required level of performance. NHTSA has exercised its authority to establish performance requirements for new vehicles in Standard No. 111, Rearview Mirrors (49 CFR 571.111, copy enclosed). Standard No. 111 establishes performance and location requirements for rearview mirrors installed in any new vehicle. This means that the vehicle manufacturer must certify that each vehicle it manufactures complies with the specified requirements. Standard No. 111 requires that passenger cars be equipped with an inside rearview mirror and a driver's side outside rearview mirror that provide the field-of-view specified in S5.1.1. A passenger's side outside rearview mirror is required in situations where the inside rearview mirror does not provide the specified field-of-view. Additional requirements for other vehicle types are set forth in S6, S7, and S8. No provision in the Standard specifies requirements for a mirror that attaches to the vehicle's rear bumper. Accordingly, a mirror like yours would not be prohibited from being installed on any vehicle by the current requirements in Standard No. 111. Accordingly such a mirror would be permitted, but only as a supplement to the required mirrors. In installing the mirror, one must take care to avoid obscuring the vehicle's lighting devices, including the center highmounted stop lamps (CHMSL). Please be aware that NHTSA does not regulate vehicles while they are in use. The American Association of Motor Vehicle Administrators, 4600 Washington Blvd, Arlington, VA 22203 may be able to advise you about the laws of the individual States related to the use of equipment such as your own. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel";

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";