ID: 1983-3.6

TYPE: INTERPRETATION-NHTSA

DATE: 09/15/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Potemkin

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30 Mr. Al Desarro Potemkin 21111 South Dixie Highway Miami, Florida 33189

Dear Mr. Desarro:

This is to follow up on your phone conversation with Stephen Oesch of my staff concerning the type of seat belts that must be used in a 1983 converted van that has a sofa.

Paragraph S4.2.2 of Safety Standard No. 208, Occupant Crash Protection, (copy enclosed) requires trucks and multipurpose passenger vehicles with a gross vehicle weight rating of 10,000 pounds or less to meet the same requirements as passenger cars. This would include the vans in question. Paragraph S4.1.2.3 of the standard specifies that passenger cars must be equipped with a Type 2 seat belt assembly (non-detachable lap and shoulder belt) at each front outboard designated seating position. At all other seating positions, either a Type 1 seat belt assembly (lap belt only) or a Type 2 seat belt assembly must be used. Thus, your vans must have Type 2 belts in the two front seats and either Type 2 or Type 1 belts in the rear seating positions, including the sofa. The agency's position regarding seat belts for sofa/beds used in van conversions is more fully explained in the enclosed interpretation letter of March 29, 1983, to Sherrod Vans, Inc.

If you have any further questions, please let me know.

Sincerely,

Frank Berndt Chief Counsel

Enclosure

ID: nht93-2.9

DATE: March 5, 1993

FROM: Margret Schmock von Ohr -- BOSCH Reutlingen, Robert Bosch GmbH

TO: Tylor Vinson -- DOT, Office of Chief Counsel, NHTSA

TITLE: Subject: Reflex Reflectors for Passenger Cars

ATTACHMT: Attached to letter dated 5-10-93 from John Womack to Margret Schmock von Ohr (A41; Std. 108)

TEXT: As I already mentioned in our telephone conversation last Friday I have a question on reflex reflectors for passenger cars.

Our major customer Mercedes wants us to change all existing front signal lamps until September 1993. Mercedes wants clear lenses (plus amber bulbs) instead of amber lenses (plus clear bulb).

Each lamp consists of three functions:

- front turn indicator - sidemarker - reflex reflector

As you know the reflex reflector must be amber so that we need a two-color lens (clear plus amber).

Therefore we need a two-color molding machine and a special tool for each of these modified two-color lenses.

The production of these special tools will at least take until the beginning of next year so that we cannot met our customers schedule.

Another alternative for producing two-color lenses is a partial painting of the lenses where we would paint the reflex reflector area of the lenses with an amber top painting.

1. Is it allowed to have amber painted reflex reflectors?

2. Under which conditions would it be allowed to have them painted? Thank you very much in advance.

If you need any information please do not hesitate to contact me.

ID: nht92-5.30

DATE: July 6, 1992

FROM: Robert A. Dewey -- Captain, Rochester (NY) Police Department, Research and Evaluation Section

TO: Office of Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 8/20/92 from Paul J. Rice to Robert A. Dewey (A39; Std. 102)

TEXT:

The Rochester Police Department just took delivery of 46 1992 Ford police cars. Thirty five of the vehicles are Crown Victoria models and 11 are Taurus models. All of these vehicles are equipped with a device which requires the operator to depress the brake pedal in order to remove the car from the park position with the shift lever.

Upon discovering this feature, I spoke with representatives of the local Ford dealership and was informed that this was a federally required safety standard.

I recognize the safety advantage of this feature for the normal motoring public, however I do see some negative safety implications for police vehicle operators. An officer who comes under hostile fire while in his patrol car, could be delayed in a retreat from a dangerous situation.

I would like to know if this is a national safety standard and if so I would appreciate a copy of any regulation concerning this standard. I would further appreciate an interpretation from your office as to whether the Rochester Police Department can deactivate this switch if we determine that it is a safety hazard for our officers. Please keep in mind that all of our other patrol cars do not have this switch and many of our officers are assigned to drive a different car each day which may lead to confusion in a time of emergency.

I would appreciate a prompt response to this request in that we are preparing our new vehicles for service at this time.

ID: aiam4532

"Dear Mr. Swisher: This responds to your letter of May 20, 1988, i which you sought an interpretation of Standard No. 109, New Pneumatic Tires - Passenger Cars (49 CFR 571.109). Specifically, you asked if either of three proposed courses of action would comply with the labeling requirements specified in S4.3.2 of Standard No. 109. That section reads as follows: 'Each tire shall be labeled with the name of the manufacturer, or the brand name and number assigned to the manufacturer in the manner specified in Part 574.' None of your proposed courses of action would satisfy this requirement, as explained below. You first asked if it is permissible to have no identification on the sidewall as to the name of the manufacturer or the brand name owner, but to simply use the identification numbers assigned to Cooper Tire under Part 574. Section S4.3.2 of Standard No. 109 explicitly requires each tire to be labeled with the manufacturer's name or a brand name and the identification number assigned to the manufacturer. Tires that are identified solely by an identification number would not comply with this requirement. Second, you asked if a tire could be labeled with three different brand names. Section S4.3.2 uses the singular tense to identify the name that must appear on the sidewall (name of the manufacturer or the brand name) and connects the alternative with the disjunctive 'or.' This grammatical structure indicates that only one name, either that of the actual manufacturer or the brand name owner, shall be labeled on the tire. The agency chose this grammatical structure to ensure that consumers would not be confused about the identity of the brand name or manufacturer of the tire. Accordingly, S4.3.2 prohibits Cooper from selling passenger car tires labeled with the names of three different brand name owners. Third, you asked if a generic term such as 'All Season' or 'Performance' would satisfy the requirement of S4.3.2 that either the name of the manufacturer or a brand name be labeled on the tires. Clearly, a generic term like 'Performance' is not the 'name of the manufacturer,' Cooper in this case. The 'brand name' refers to the name under which a tire is sold at retail, whether it is identical to the manufacturer's name (e.g., Firestone), a name owned by the manufacturer and used in place of its corporate name (i.e., a house brand, such as Falls that is manufactured by Cooper), or a name owned by someone other than the manufacturer (i.e., a private brand such as Atlas that is made by several manufacturers). My understanding of this proposed course of action is that the tires would be advertised and sold at retail as tires made by one of the three brand name owners, presumably using its brand name, not under the name 'All Season' or 'Performance.' Therefore, these generic terms would not be considered brand names for the purposes of section S4.3.2. If you have any further questions or need additional information on this subject, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Erika Z. Jones Chief Counsel";

ID: aiam3482

Dear Mr. Fumima: This responds to your letter of June 17, 1981, asking about th applicability of Federal motor vehicle safety standards to a manually operated door opener that you are considering importing. The door opener is designed for passenger cars and taxis and allows the driver to open the rear door by shifting a lever located by the driver's side.; By way of background information, the agency does not give approvals o vehicles or equipment. The National Traffic and Motor Vehicle Safety Act places the responsibility on the manufacturer to ensure that its vehicles or equipment comply with applicable requirements. A manufacturer then certifies that its vehicles or equipment comply with all applicable standards. We note that the term 'manufacturer' is defined by section 102(5) of the Act to mean 'any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, *including any person importing motor vehicles or motor vehicle equipment for resale*.' Emphasis added. ; The agency does not have any regulations covering manually operate door openers. However, installation of such a device may affect a vehicle's compliance with other safety standards. If any standard would be affected, it would probably be Safety Standard No. 206, *Door Locks and Door Retention Components*. For your convenience, we have enclosed a copy of that standard, which includes performance requirements for a vehicle's latch and striker assembly, door hinges, and door locks. However, based on the limited drawings included with your letter, it is not possible for us to determine whether a vehicle's compliance with that standard would be affected. We suggest that you carefully examine the requirements of Standard No. 206 to make that determination.; If your device is added to a new motor vehicle prior to its first sale the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. You will find the specific certification requirements for alterers at 49 CFR Part 567.7, *Certification*. On the other hand, you as the manufacturer of the device would have no certification requirements, because we have no safety standards applicable to your equipment. However, an alterer would probably require information from you in order to make the necessary certification.; If your device is installed on a used vehicle by a business such as garage, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative the compliance of the vehicle with any safety standard. This is required by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, which states in relevant part:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard.<<<; Please feel free to contact us if you have any further questions. Yo may also wish to check with state and local authorities to determine whether the use of your device is affected by their regulations.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam4752

"Dear Mr. Garcia: This is in reply to your letter of April 2, 1990, t Ms. DeMeter of this Office, with respect to importation requirements for motor vehicles. You have recently bought a l974 BMW l602 made 'overseas', and would like information on Federal safety (and EPA) requirements the car must conform to before it is shipped, or, alternatively, whether it is permissible to make the necessary repairs after the car arrives in the United States. Changes in the law affecting importation of cars subject to the Federal motor vehicle safety standards, which were effective January 31, l990, have made the process of importing nonconforming vehicles much more difficult than before. In brief, your car can be imported only if this agency has made a determination that it is capable of conversion to meet the Federal motor vehicle safety standards. If an affirmative determination has been made, you may import the vehicle only if you have a contract with an importer who has registered with this agency to undertake to conform the vehicle to meet Federal requirements. If the conversion work has been performed abroad, the registered importer is nevertheless responsible for submitting verification that the work has been done. At this early date in implementing the law, the agency has made no determinations of vehicle eligibility, and has appointed only a handful of registered importers. I believe that the regulations of the EPA are similar, importation is accomplished through an 'independent commercial importer' (ICI). We are forwarding a copy of your letter to that agency for its response. You haven't indicated when you anticipate importing the BMW. I suggest, as the time approaches, you write our Director, Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration, Washington, D.C. 20590. He can then provide you with the latest list of registered importers, and vehicles for which affirmative importation determinations have been made. If your car is not among them, you may persuade a registered importer to petition the agency on your behalf. However, there is a fee imposed for consideration of petitions (either $1,560 or $2,150, depending on the car). This is payable in advance, and is non-refundable if a petition is denied. Further, a vehicle owner is not eligible to submit such a petition. You didn't say how 'recently' you bought your car. However, if it was before October 31, l988, and you were stationed outside the U.S. at that time and have never before imported a nonconforming vehicle, the law allows you, until October 31, l992, to import the car personally, without a registered importer and without an importation determination, and to have conversion work done by anyone you choose. You also asked for 'the publication that covers the Code of Federal Regulations and the Federal Register.' I am not sure what you mean, but I am enclosing our new vehicle importation form, Form HS-7, which all importers of motor vehicles must execute upon arrival of their vehicles. It is, in essence, a concise form of the new importation regulation. I am also enclosing copies of that regulation, and the ones on registered importers, vehicle eligibility determinations, and fees. Sincerely, Paul Jackson Rice Chief Counsel Enclosures";

ID: aiam5396

"Dear Ms. Jones: This responds to your faxed letter of May 19, 1994. A you explained in your letter: My three month old son has a physical condition whereby the formula that he drinks refluxes back into his throat causing him to choke and become unable to breathe. Due to this condition, I cannot keep his infant seat in the back of the car where I will be unable to reach him and thus prevent him from choking. My problem lies in that I have a passenger as well as a driver's side air bag in our 1993 Ford Taurus Wagon. Due to the danger of having an infant's seat in the front of a car with a passenger air bag, I have contacted local Ford dealers as well as the overall Ford customer service people and have been told each time that they will not disable my car air bags for me as it is against federal law. You requested 'a waiver of a portion of the federal guidelines regarding air bags in automobiles.' Standard No. 208, Occupant Crash Protection, requires that cars be equipped with automatic crash protection at the front outboard seating positions. The air bags in your car were installed as one means of complying with that requirement. The removal or deactivation of one of those air bags by a vehicle dealer is prohibited by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, the act under Standard No. 208 was issued. That section provides that-- (n)o manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard. However, in limited situations in which a vehicle must be modified to accommodate the needs of a person with a particular disability or a person's special medical needs, NHTSA has in the past stated that it would consider violations of the 'render inoperative' prohibition as purely technical ones justified by public need, and that it would not institute enforcement proceedings. This is to advise you that we would regard a temporary deactivation of the passenger-side air bag in your car in the same way. Based on the results of recent agency research, NHTSA has concluded that rear-facing infant restraints should not be placed in the front seat of a vehicle with a passenger-side air bag. NHTSA would consider the special medical needs of your child as sufficient justification for not taking enforcement action against a dealer that temporarily deactivates the air bag to accommodate your child. I want to add a caution. The purpose of the 'render inoperative' prohibition is to ensure, to the degree possible, current and subsequent owners and users of your vehicle are not deprived of the maximum protection afforded by the vehicle as newly manufactured. Accordingly, our willingness to permit this deactivation is conditioned on the reactivation of the air bag by the dealer as soon as your son can use a forward-facing child restraint. In addition, I strongly encourage you to ensure that other passengers in this seating position use their safety belts while the air bag is disconnected. I hope that this letter resolves your problem. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";

ID: aiam4840

"Dear Mr. McCollum: Thank you for your inquiry on behalf of you constituent, Mr. Perry Faulkner. Mr. Faulkner requested a written interpretation about whether casings imported into this country are required to have the 'DOT number.' A 'casing' means a used tire to which additional tread may be attached for the purpose of retreading. As explained more fully below, casings for retreaded passenger car tires must have the DOT symbol, but casings for tires for use on vehicles other than passenger cars (referred to as 'truck tires' in this letter) are not required to have the DOT symbol. At the outset, I note that Mr. Faulkner's letter stated that the 'DOT number' on a tire indicates that the Federal excise tax has been paid. That statement is inaccurate. The 'DOT number' on a tire only represents the manufacturer's or retreader's certification of compliance with this agency's standards and regulations. If Mr. Faulkner wants further information about Federal excise taxes on tires, he may wish to contact the Internal Revenue Service, since that agency administers the Federal excise taxes. Mr. Faulkner is mixing two different types of markings when he refers to a 'DOT number.' The first type of marking is the symbol 'DOT.' This marking by a tire manufacturer or retreader on a tire is a certification that the tire complies with an applicable Federal motor vehicle safety standard. Federal safety standards applicable to tires include Standard No. 109 for new passenger car tires, Standard No. 117 for retreaded passenger car tires, and Standard No. 119 for new truck tires. Standard No. 117 (the retreaded passenger car tire safety standard) includes a requirement that all passenger car tire casings to be retreaded must include the symbol 'DOT.' See S5.2.3(a). Therefore, it is illegal to sell or import into this country any passenger car tire casings that are not marked with the symbol 'DOT.' However, none of our Federal safety standards set forth requirements for retreaded truck tires. Since there is no standard for retreaded truck tires, there is no requirement that casings for retreaded truck tires be marked with the DOT symbol. I have enclosed a June 18, 1981 letter to Mr. Roy Littlefield that offers a more detailed discussion of this issue. The second type of marking to which Mr. Faulkner referred was the tire identification number specified in Part 574. This number identifies the manufacturer or retreader of the tire, along with the date of manufacture or retread and other attributes of the tire. A tire identification number is not required on any casing: Standard No. 117 does not require this marking on passenger car casings, and as explained above, there is no Standard for casings for truck tires. Please note, however, that Part 574 requires all finished retreads, including retreaded truck tires, to be marked with the retreader's identification number. I hope this information is helpful. Please let me know if you have any further questions or need some additional information on this subject. Sincerely, Jamie McLaughlin Fish Director, Intergovernmental Affairs Enclosure";

ID: aiam5616

"Dear Mr. Holmes: This responds to your letter asking about Federa requirements for door locks and handles on a 1989 truck with a gross vehicle weight rating (GVWR) of 33,000 pounds. You state that you rented the truck from a rental company. In your letter, you described an accident you had with the rented truck. You stated that your son fell out of the vehicle when one of its doors opened as you rounded a curve. You are sure that you had locked the door. (You also said you buckled your son in a seat belt, but believe that he had unbuckled the belt.) After the accident, your son told you he had his hand 'over the door handle... and was tring sic to hold on and the door came open.' You ask several questions relating to requirements for 'a safety lock' for the door of the truck. As explained below, our safety standards do not require trucks to have 'safety locks.' Let me begin with some background information about our safety requirements. Federal law authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. One such standard is Safety Standard No. 206, Door Locks and Door Retention Components (copy attached). Standard No. 206 establishes certain requirements for door latches, hinges, and locks for new passenger cars and multipurpose passenger vehicles, and new trucks of all weight ratings. Each new truck must meet Standard No. 206 when the vehicle is first sold at retail. With regard to the truck in question, this means that the truck had to meet the applicable door lock requirements of Standard No. 206 when it was sold 'new' to the rental company. Your first question asks whether we required the truck to have a 'safety lock.' Standard No. 206 requires each door on a new truck to be equipped with a lock, but without the features we believe you have in mind. When engaged, the lock has to disable the outside door handle, but not the inside handle. Some manufacturers of passenger vehicles voluntarily install 'child safety locks' on some doors, which when engaged, makes the inside door handle inoperative even when the lock is in the 'unlocked' position. Child safety locks are not required by NHTSA. Your next question asked whether the truck in question would be considered a passenger vehicle, since it is a 'rental vehicle.' The answer is no. A vehicle that is designed primarily for transporting property is a 'truck' under our regulations, regardless of whether it is a rental vehicle. Your third question asked what Federal case laws reverse or overrule our regulations. Although some of our regulations have been overruled or modified pursuant to court order, FMVSS No. 206 has not been affected by court action. Your final question asked for the names and addresses of people injured in accidents similar to yours. We are unable to provide that information. Our data do not include instances in which occupants fall out of moving vehicles where there was no accident and where there were no fatalities or injuries. I hope the above information is helpful to you. Should you have any further questions of need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992, or FAX (202) 366-3820. Sincerely, John Womack Acting Chief Counsel Enclosure";

ID: aiam3989

Dear Mr. Landgraf: Thank you for your letter of May 21, 1985, concerning Federa regulations that might affect a cargo system for hatch back cars that you are developing. You requested confidentiality for your specific product description and drawing. Since your design has not been marketed as yet, we are granting your request for confidentiality. The following discussion provides an explanation of how our standards would affect a device such as yours.; The National Traffic and Motor Vehicle Safety Act authorizes our agenc to issue Federal Motor Vehicle Safety Standards that apply to new motor vehicles and items of motor vehicle equipment. We have not issued any standard that directly applies to a cargo system such as yours. However, use of your system could be affected by Standard No. 111, *Rearview Mirrors*, which sets performance requirements for rearview mirrors, a copy of the standard and an information sheet discussing the responsibilities of vehicle and equipment manufacturers under our regulations is enclosed for your reference.; Standard No. 111 provides that each inside rearview mirror must provid a specified field of view to the rear of the vehicle. If the field of view of the inside mirror in a new vehicle is obstructed by anything other than head restraints or seated occupants, then an outside rearview mirror must be provided on the passenger's side of the vehicle. Thus, if your product were installed in a new vehicle by a manufacturer or dealer prior to its sale to a consumer, and if installation of your product would mean that the inside rearview mirror would no longer comply with the applicable field of view requirements, they would have to ensure the vehicle was equipped with the necessary additional mirror required by Standard No. 111.; In 1974, Congress amended the National Traffic and Motor Vehicle Safet Act to address the problem of persons tampering with safety equipment installed on a motor vehicle by adding section 108(a)(2)(A) to the Act. That section provides, in part, that:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . .<<<; Thus, if a manufacturer, distributor, dealer, or motor vehicle repai business adds your product to a used vehicle and if its installation would mean that the inside rearview mirror would no longer comply with the applicable field of view requirements, they would have to install an outside passenger side mirror. Section 108(a)(2)(A) does not establish any limitations on an individual vehicle owner's ability to alter his or her own vehicle. Thus, under Federal law, individual vehicle owners can themselves install any equipment they want on their vehicles, regardless of whether that equipment would render inoperative the compliance of the vehicle with the performance requirements of Standard No. 111. They would, of course, still have to comply with any applicable State laws.; I hope this information is of assistance to you. If you have furthe questions, please let me know.; Sincerely, Jeffrey R. Miller, Chief Counsel