ID: nht71-4.46

DATE: 11/12/71

FROM: AUTHOR UNAVAILABLE; L. R. Schneider; NHTSA

TO: Utility Trailer Manufacturing Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of October 28.

We understand your apparent problem in mounting the middle identification lamp on the vertical centerline, near the extreme height of the vehicle. Since it is apparently impracticable to mount the lamps at this height, their relocation to a position under the door opening would appear to meet the requirement that identification lamps be mounted "as close as practicable to the top of the vehicle" (Table II, Standard No. 108).

ID: nht71-4.47

DATE: 11/13/71

FROM: AUTHOR UNAVAILABLE; L. R. Schneider; NHTSA

TO: The Commonwealth of Massachusetts

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of September 17, 1971, asking if present Federal regulations would preempt the Massachusetts requirement that certain outside rearview mirrors be provided with reflective material over the rear surface.

Section 103(d) of the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1392(d), states in pertinent part:

"Whenever A Federal motor vehicle safety standard . . . is in effect, no State . . . shall have any authority . . . to establish . . . with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable tot he same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard."

Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, establishes requirements for reflective materials used on motor vehicles. The NHTSA considers this standard to include within its scope all reflective materials required to be used on motor vehicles to which it applies. Any State requirements that have the effect of regulating such reflective materials must therefore be identical to the relevant provisions of Standard No. 108. The Massachusetts statute that you have brought to our attention is not identical to the Federal standards relating

to that aspect of performance, and must therefore be considered to be invalidated by the operation of the National Traffic and Motor Vehicle Safety Act.

ID: nht71-4.48

DATE: 11/16/71

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Barber-Greene Company

TITLE: FMVSS INTERPRETATION

TEXT: Please forgive our delay in responding to your letter of August 27, 1971, asking if Department of Transportation safety equipment applicable to trailers is required for portable asphalt mixing machinery.

It is our current position that portable asphalt mixing machinery is a "trailer" and must be equipped with the lamps and reflectors required by Motor Vehicle Safety Standard No. 108. I am enclosing a copy for your information. A temporary lighting harness is an acceptable means of conformance. Mud flaps, incidentally, are not required under the Federal motor vehicle safety standards.

ID: nht71-4.49

DATE: 11/16/71

FROM: AUTHOR UNAVAILABLE; L. R. Schneider; NHTSA

TO: The Flxible Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of October 22 asking whether the "hoodlum warning system" requested by the city of Boston (MBTA) would conform to Federal Motor Vehicle Standard No. 108, Lamps, Reflective Devices, and Associated Equipment.

Paragraph S3.5 of Standard No. 108 permits "normally steadily-burning lights [to] be capable of being individually flashed for signalling purposes" on motor vehicles manufactured before January 1, 1972. Therefore the hoodlum warning system is currently permissible under Standard No. 108.

However, a new requirement effective January 1, 1972, would prohibit the installation of this system on vehicles manufactured on or after this date. Paragraph S4.6 of Standard No. 108 states:

"Where activated

(a) Turn signal lamps, hazard warning signal lamps, and school bus warning lamps shall flash;

(b) All other lamps shall be steady-burning except that means may be provided to flash headlamps and side marker lamps for signalling purposes." (emphasis added)

ID: nht71-4.5

DATE: 08/19/71

FROM: AUTHOR UNAVAILABLE; Robert L. Carter; NHTSA

TO: International Harvester Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of March 18, 1971, petitioning for reconsideration of the "Defect Reports" regulations (Docket No. 69-31; Notice 2). Your letter was received on March 22, 1971, which is more than 30 days after publication of the regulation. Accordingly, pursuant to NHTSA procedural rules (49 CFR @ 553.35), it has been treated as a petition for rulemaking.

You request that the requirements specified in @ 573.4(b), that defect information reports be submitted not more than 5 working days after a defect in a vehicle has been determined to be safety related, be changed to require the report to be submitted not later than 15 days after the determination has been made. You state as the basis for this requested change that the information required pursuant to @ 573.4(c)(3) and @ 573.4(c)(7) cannot be provided by International Harvester within 5 days due to computer run-out times, but can be provided within 15 days. Section 573.4(b) of the regulation provides, as you point out, that information required pursuant to @ 573.4 that is not available within 5 days may be submitted as it becomes available. This provision deals with the issue you raise, and no amendment to the regulation is called for.

With reference to your statement that the figures you intend to report pursuant to @ 573.5(c)(6) and (c)(7) will be identical, the regulation requires different kinds of information to be reported. Only if the information required by @@ 573.5(c)(6) and (c)(7) is in fact identical may it be reported as such.

The requirements are not intended necessarily to fit within the framework of manufacturers' presently existing data gathering procedures, and may require some manufacturers to change these procedures to provide the specific information.

ID: nht71-4.50

DATE: 11/17/71

FROM: AUTHOR UNAVAILABLE; J. W. Carson for E. T. Driver; NHTSA

TO: Halfpenny, Hahn & Roche

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letters of October 18, 1971, and November 1, 1971, to Mr. Douglas Toms, Administrator, National Highway Traffic Safety Administration, concerning the "Panic-Stop" signal system from Donel Corporation.

You are correct in your interpretation that Federal Motor Vehicle Safety Standard No. 108 is not applicable to the "Panic-Stop" system when this system is not installed on motor vehicles as original equipment. The motor vehicle laws and regulations of the individual States, are, however, applicable to the "Panic-Stop" system when sold and used as aftermarket equipment.

ID: nht71-4.6

DATE: 08/27/71

FROM: AUTHOR UNAVAILABLE; R. L. Carter; NHTSA

TO: David N. Henderson; House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 13, 1971 on behalf of the C.L.S. Car Truck Leasing Corporation of Goldsboro, North Carolina concerning the applicability of the Tire Identification and Record Keeping Regulation (49 CFR 574) to the C.L.S. Corp.

If C.L.S. leases a motor vehicle with new tires to a leasee for more than 60 days, they have the same responsibilities a tire dealer has under section 574.9. Therefore, C.L.S. is required to record the name and address of the leasee along with the tire identification number and forward this information to the tire manufacturer. See section 574.8. The person leasing the vehicle for more than 60 days is considered to be the purchaser of the tires. See section 574.3(c)(3).

If C.L.S. sells a used motor vehicle equipped with new tires to the ultimate user, they are considered a tire dealer and must meet the requirements of section 574.8. If, however, they sell a vehicle equipped with new tires to a vehicle dealer, the dealer is responsible for meeting the requirements of section 574.8 and C.L.S.'s responsibility is limited to assuring that the dealer has a means of recording the required information and forwarding it to the tire manufacturer. See section 574.8(c).

Enclosed for your convenience is a copy of the Tire Identification and Record Keeping Regulation. Thank you for your interest in auto safety.

ENC.

ID: nht71-4.7

DATE: 09/01/71

FROM: L. R. SCHNEIDER -- ACTING CHIEF COUNSEL, NHTSA; SIGNATURE BY DAVID SCHMELTZER

TO: American Jawa Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 17, 1971, inquiring whether tires for use on racing motorcycle are subject to the Tire Identification and Record Keeping regulation (49 C.F.R. 574).

The regulation applies to "manufacturers, . . . of new and retreaded tires for use on motor vehicles" and, thus, whether the regulation applies to the tires in question depends on whether they are for use on a "motor vehicle." If the tires are for use on a racing motorcyle (i.e., a motorcycle which is not manufactured primarily for use on the public streets, roads, and highways), the tires are not considered to be manufactured for use on a "motor vehicle" and the regulation does not apply to them. We consider a label such as "For Racing Purposes Only, Not for Highway Use" as evidence of manufacture for off road use.

The execution of an HS-7 form is unnecessary when racing tires are imported whether or not they are mounted on a racing motor-cycle. However, should it be necessary to execute an HS-7 form to expedite importation, Box 8 should be used to indicate that the items being imported are not considered to be for use on a motor vehicle and are not items of motor vehicle equipment.

ID: nht71-4.8

DATE: 09/01/71

FROM: AUTHOR UNAVAILABLE; E. T. Driver; NHTSA

TO: Latham; Pickard and Ennis

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of July 30, 1971, inquiring whether your client, American Jenbach Corporation, is required to comply with the Tire Identification and Recordkeeping regulations (49 CFR Part 574). In your letter you state that American Jenbach is engaged in the distribution of portable air compressors and pneumatic tools, the former being purchased in Europe and delivered to the plant in Burlington where tires are added to the wheels and other modifications are made. You state further that American Jenbach also reconditions compressors, and may replace tires as part of this process.

The Tire Identification and Recordkeeping regulations apply to manufacturers, brand name owners, retreaders, distributors, and dealers of new and retreaded tires for use on motor vehicles manufactured after 1948, and to manufacturers and dealers or motor vehicles manufactured after that date (49 CFR @ 574.4). Whether the regulations apply to American Jenbach depends on (1) whether the portable air compressors are motor vehicles under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., hereinafter the Act) and (2) whether American Jenbach is a manufacturer, brand name owner, retreader, distributor, or dealer of new or retreaded tires, or a manufacturer or dealer of motor vehicles.

Section 102 of the Act (15 U.S.C. 1391) defines motor vehicle to mean "any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails." Without additional information, such as pictures of the vehicles in question, we cannot give you a precise determination as to whether they are motor vehicles under the Act. However, the agency has determined

that portable compressors of the type that are mounted on tires for purposes of being towed on public highways are motor vehicles under the Act, and has classified them as trailers under the motor vehicle safety standards and regulations issued pursuant to the Act. As such, they are subject to the Tire Identification and Recordkeeping regulations.

Based upon your letter, it appears that American Jenbach Corporation is an importer of new portable compressors (trailers) and must meet the Tire Identification and Recordkeeping requirements applicable to motor vehicle manufacturers (section 574.10). In addition, under the Act American Jenbach may also be a distributor or dealer of these trailers and, if so, must also comply with the Tire Identification and Recordkeeping requirements applicable to dealers (section 574.9). Finally, American Jenbach would appear to be a tire dealer as to those tires that it replaces on reconditioned compressors and would be required to comply with the requirements applicable to tire dealers (section 574.7) with respect to those tires.

If the vehicles in question are motor vehicles, American Jenbach is required to comply with certain requirements in addition to the Tire Identification and Recordkeeping regulations. Trailers must conform to the requirements of Motor Vehicle Safety Standard No. 108, which deals with lighting requirements, and must be certified as conforming to all applicable standards in accordance with section 114 of the Act, and the Certification regulations. As of October 1, 1971, American Jenbach must also comply with the Defect Reports regulations (49 CFR Part-573). Copies of these requirements and a copy of the National Traffic and Motor Vehicle Safety Act are enclosed for your guidance.

If you have additional questions, please write to us.

Enclosures

ID: nht71-4.9

DATE: 09/02/71

FROM: AUTHOR UNAVAILABLE; L. R. Schneider; NHTSA

TO: Philadelphia Newspapers, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: In your letter of August 18 you ask for a ruling on the permissibility of wiring one filement of a clearance lamp on your small delivery truck so that it would function as a stop lamp and turn signal lamp.

Federal Motor Vehicle Safety Standard Ho. 108, Lamps, Reflective(Illegible Words), does not prohibit combining a clearance lamp with a stop lamp or a turn signal lamp. However, the maximum allowable mounting height above the road surface for stop lamps is 72 inches measured from the center of the item with the vehicle at curb weight. There is currently no restriction on the maximum allowable mount(Illegible Words) however they may not be amounted higher than(Illegible Word) inches on vehicles manufactured on or after January 1, 1972. These restrictions, however, do not apply to supplemental lamps mounted higher than 72 or 88 inches, as long as a vehicle is equipped with stop lamps and turn signal lamps located within the mounting range prescribed by Standard No. 108,(Illegible Word) inches to 72 or 83 inches, as applicable, above the road surface.

The Federal motor vehicle safety standards do not apply to a vehicle "after the first purchase of it for purposes other than resale." If the alterations are to be made to vehicles already in the PHI fleet, the question of the legality of your modifications would be covered by regulations of the Bureau of Motor Carrier Safety, if your vehicles are subject to them, and by State and local laws.