ID: nht89-2.13

TYPE: INTERPRETATION-NHTSA

DATE: 06/19/89

FROM: STEPHEN P. WOOD -- NHTSA

TO: JACK SATKOSKI -- SPECTRA ENTERPRISES

TITLE: NONE

ATTACHMT: LETTER DATED 08/08/88 FROM JACK SATKOSKI TO NHTSA; OCC 2409

TEXT: Dear Mr. Satkoski:

This responds to your letter asking for information about the application of Federal safety standards to a "sun visor extender" which "attaches by means of velcro straps to the existing auto, truck, or RV's sun visor." I regret the delay in responding.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act to issue, Federal motor vehicle safety standards that set performance requirements for new mot or vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our Federal motor vehicle safety standards. Instead, under the National Traffic and Motor Vehic le Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information pr ovided in your letter.

There is currently no Federal motor vehicle safety standard that is directly applicable to a sun visor extender sold directly to a consumer. The Federal safety standard that regulates sun visors (Standard No. 201, Occupant Protection in Interior Impact) applies only to new motor vehicles (i.e., vehicles that have not yet been sold for purposes other than resale) and not to items of aftermarket equipment such as a sun visor extender.

However, there are other Federal requirements that indirectly affect the manufacture and sale of your device. Under the Safety Act, your device is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you ar e subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed an information sheet that briefly describes those

responsibilities. In the event that you or NHTSA determines that your sun visors contain a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

As stated above, the sun visor in a new vehicle is regulated by Safety Standard No. 201, which requires that the visor be "constructed of or covered with energy-absorbing material" and that the visor's mounting must "present no material edge radius of le ss than 0.125 inch that is statically contactable by a spherical 6.5-inch diameter head form." The purpose of the standard is to reduce the injuries that occur when unrestrained occupants strike the visor or its mounting with their heads. If your sun vi sor extender were installed by the manufacturer of a new motor vehicle, the visor, as modified by that installation, would have to comply with the visor requirements of the standard. I am enclosing a copy of Standard No. 201 for your review.

Another Federal standard to which the vehicle manufacturer must certify its vehicle as conforming is Standard No. 302, Flammability of Interior Materials (copy enclosed). This standard establishes flammability resistance requirements for certain vehicle components, including sun visors, on new vehicles. If a new vehicle manufacturer installs your product on the new vehicle, that manufacturer would have to certify the vehicle's compliance with Standard No. 302, and thus would be required to ensure that the sun visor conforms to the flammability resistance requirements of the standard and that the extender does not interfere with or prevent that ability to comply.

A commercial business that installs the sun visor on new or used vehicles would be subject to provisions of the Safety Act that affect whether the business may install your product on a vehicle. Section 108(a) (2) (A) of the Act states: "No manufacturer , distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... 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 sa fety standard ..." This section requires manufacturers, distributors, dealers or motor vehicle repair businesses (i.e., any person holding him or herself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for comp ensation) installing your sun visor extender on new or used vehicles to ensure that the addition of the device would not negatively affect the compliance of any component or design on a vehicle with applicable Federal safety standards. For example, the commercial entity must ensure that the addition of the device does not reduce the effectiveness of those features and aspects of performance of the sun visor that enabled the visor to comply with Standard No. 201 or Standard No. 302. Installation of rapi dly burning materials could vitiate the compliance of the materials which were present in the vehicle at the time of its sale to the first consumer and were certified as meeting FMVSS No. 302. Section 109 of the Act specifies a civil penalty of up to $ 1,000 for each violation of S 108.

However, the prohibitions of S 108(a) (2) (A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her vehicle.

Thus, a vehicle owner would not violate the Safety Act by installing the sun visor extender, even if doing so would negatively affect the safety performance of the sun visor.

In addition to the materials described above, we are also returning herewith the photograph and sketches you enclosed with your letter, as you requested in a telephone conversation with Ms. Fujita of my staff. We have issued this interpretation based on information which you confirmed you have no objection to publicly disclosing, and not on information whose confidentiality you have asked us to maintain.

Please feel free to contact us if you have further questions.

Sincerely, Enclosures

ID: 1869y

Mr. Jack Satkoski
Spectra Enterprises
East 832 11th Avenue
Spokane, WA 99202-2502

Dear Mr. Satkoski:

This responds to your letter asking for information about the application of Federal safety standards to a "sun visor extender" which "attaches by means of velcro straps to the existing auto, truck, or RV's sun visor." I regret the delay in responding.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our Federal motor vehicle safety standards. Instead, under the National Traffic and Motor Vehicle Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information provided in your letter.

There is currently no Federal motor vehicle safety standard that is directly applicable to a sun visor extender sold directly to a consumer. The Federal safety standard that regulates sun visors (Standard No. 201, Occupant Protection in Interior Impact) applies only to new motor vehicles (i.e., vehicles that have not yet been sold for purposes other than resale) and not to items of aftermarket equipment such as a sun visor extender.

However, there are other Federal requirements that indirectly affect the manufacture and sale of your device. Under the Safety Act, 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 in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your sun visors contain a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

As stated above, the sun visor in a new vehicle is regulated by Safety Standard No. 201, which requires that the visor be "constructed of or covered with energy-absorbing material" and that the visor's mounting must "present no material edge radius of less than 0.125 inch that is statically contactable by a spherical 6.5-inch diameter head form." The purpose of the standard is to reduce the injuries that occur when unrestrained occupants strike the visor or its mounting with their heads. If your sun visor extender were installed by the manufacturer of a new motor vehicle, the visor, as modified by that installation, would have to comply with the visor requirements of the standard. I am enclosing a copy of Standard No. 201 for your review.

Another Federal standard to which the vehicle manufacturer must certify its vehicle as conforming is Standard No. 302, Flammability of Interior Materials (copy enclosed). This standard establishes flammability resistance requirements for certain vehicle components, including sun visors, on new vehicles. If a new vehicle manufacturer installs your product on the new vehicle, that manufacturer would have to certify the vehicle's compliance with Standard No. 302, and thus would be required to ensure that the sun visor conforms to the flammability resistance requirements of the standard and that the extender does not interfere with or prevent that ability to comply.

A commercial business that installs the sun visor on new or used vehicles would be subject to provisions of the Safety Act that affect whether the business may install your product on a vehicle. Section 108(a)(2)(A) of the Act states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... 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 ..." This section requires manufacturers, distributors, dealers or motor vehicle repair businesses (i.e., any person holding him or herself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation) installing your sun visor extender on new or used vehicles to ensure that the addition of the device would not negatively affect the compliance of any component or design on a vehicle with applicable Federal safety standards. For example, the commercial entity must ensure that the addition of the device does not reduce the effectiveness of those features and aspects of performance of the sun visor that enabled the visor to comply with Standard No. 201 or Standard No. 302. Installation of rapidly burning materials could vitiate the compliance of the materials which were present in the vehicle at the time of its sale to the first consumer and were certified as meeting FMVSS No. 302. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of /108.

However, the prohibitions of /108(a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her vehicle. Thus, a vehicle owner would not violate the Safety Act by installing the sun visor extender, even if doing so would negatively affect the safety performance of the sun visor.

In addition to the materials described above, we are also returning herewith the photograph and sketches you enclosed with your letter, as you requested in a telephone conversation with Ms. Fujita of my staff. We have issued this interpretation based on information which you confirmed you have no objection to publicly disclosing, and not on information whose confidentiality you have asked us to maintain.

Please feel free to contact us if you have further questions.

Sincerely,

Stephen P. Wood Acting Chief Counsel

Enclosures

ref:VSA#201#302 d:6/l9/89

ID: 2902yy

Ms. Nancy J. Hunt
Bankston & McDowell
3700 Chevron Tower
1301 McKinney
Houston, TX 77010

Dear Ms. Hunt:

This responds to your letter requesting information about test conditions in Federal motor vehicle safety standard No. 301, Fuel system integrity (49 CFR 571.301; copy enclosed). In particular, you asked whether the spare tire must be in its proper place inside a vehicle at the time of testing. You also asked whether the spare tire must be in the vehicle during other types of vehicle testing. I am pleased to have this opportunity to explain our laws and regulations for you.

Before addressing your specific question, it might be helpful to begin with some general background information. Each of this agency's safety standards specifies test conditions and procedures that this agency will use to evaluate the performance of the vehicle or equipment being tested for compliance with the particular safety standard.

In addition to the test conditions and procedures set forth in the safety standards themselves, the agency has provided guidelines to the test facilities that the agency enters into contracts with to conduct compliance tests for the agency. These guidelines are called compliance test procedures and are available through the NHTSA Technical Reference Library. The compliance test procedures are intended to provide a standardized testing and data recording format among the various contractors that perform testing on behalf of the agency, so that the test results will reflect the performance characteristics of the product being tested, not differences between the various testing facilities.

The compliance test procedures must, of course, not be inconsistent with the procedures and conditions that are set forth in the relevant safety standard. However, the compliance test procedures do, on occasion, specify procedures and conditions that go beyond what is set forth in the relevant standard. These more detailed test procedures and conditions are requirements only for the contractor test facility in conducting tests on behalf of the agency. The test procedures are subject to change and do not always directly reflect all of the requirements of the particular standard for which they are written. With that background, I will now address your specific question. A manufacturer must certify that its vehicles will comply with the requirements of Standard No. 301 when they are tested in accordance with the test conditions set forth in section S7 of the standard. This section specifies the general test conditions under Standard No. 301. However, this section does not specify whether a spare tire must be included during the testing. Accordingly, the manufacturer's certification of compliance with Standard No. 301 may be based on tests with or without the spare tire, provided that all applicable conditions in Standard No. 301 are satisfied.

You should be aware that NHTSA's compliance test procedures currently specify that if the spare tire is standard equipment, it should be inflated to the vehicle manufacturer's specifications and be in the vehicle during the agency's compliance testing (see page 27 of the "OVSC Laboratory Test Procedures," copy enclosed). Please note that, although a manufacturer is not required to include a spare tire that is standard equipment, absence of a spare tire might not provide an adequate basis for certifying that the tested vehicle complies with the requirements of Standard No. 301.

I hope this information is helpful. If you have any further questions, you should 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

/Ref: 301 d:3/25/9l

ID: nht91-2.44

DATE: March 25, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Nancy J. Hunt -- Bankston & McDowell

TITLE: None

ATTACHMT: Attached to letter dated 1-24-91 from Nancy J. Hunt to Paul Jackson Rice

TEXT:

This responds to your letter requesting information about test conditions in Federal motor vehicle safety standard No. 301, Fuel system integrity (49 CFR 571.301; copy enclosed). In particular, you asked whether the spare tire must be in its proper place inside a vehicle at the time of testing. You also asked whether the spare tire must be in the vehicle during other types of vehicle testing. I am pleased to have this opportunity to explain our laws and regulations for you.

Before addressing your specific question, it might be helpful to begin with some general background information. Each of this agency's safety standards specifies test conditions and procedures that this agency will use to evaluate the performance of the vehicle or equipment being tested for compliance with the particular safety standard.

In addition to the test conditions and procedures set forth in the safety standards themselves, the agency has provided guidelines to the test facilities that the agency enters into contracts with to conduct compliance tests for the agency. These guidelines are called compliance test procedures and are available through the NHTSA Technical Reference Library. The compliance test procedures are intended to provide a standardized testing and data recording format among the various contractors that perform testing on behalf of the agency, so that the test results will reflect the performance characteristics of the product being tested, not differences between the various testing facilities.

The compliance test procedures must, of course, not be inconsistent with the procedures and conditions that are set forth in the relevant safety standard. However, the compliance test procedures do, on occasion, specify procedures and conditions that go beyond what is set forth in the relevant standard. These more detailed test procedures and conditions are requirements only for the contractor test facility in conducting tests on behalf of the agency. The test procedures are subject to change and do not always directly reflect all of the requirements of the particular standard for which they are written.

With that background, I will now address your specific question. A manufacturer must certify that its vehicles will comply with the requirements of Standard No. 301 when they are tested in accordance with the test conditions set forth in section S7 of the standard. This section specifies the general test conditions under Standard No. 301. However, this section does not specify whether a spare tire must be included during the testing. Accordingly, the manufacturer's certification of compliance with Standard No. 301 may be based on tests with or without the spare tire, provided that all applicable conditions in Standard No. 301 are

satisfied.

You should be aware that NHTSA's compliance test procedures currently specify that if the spare tire is standard equipment, it should be inflated to the vehicle manufacturer's specifications and be in the vehicle during the agency's compliance testing (see page 27 of the "OVSC Laboratory Test Procedures," copy enclosed). Please note that, although a manufacturer is not required to include a spare tire that is standard equipment, absence of a spare tire might not provide an adequate basis for certifying that the tested vehicle complies with the requirements of Standard No. 301.

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

ID: 19023.ztv

Herr Olaf Schmidt
Manager, R &D
Hella K.G. Hueck & Co.
Rixbecker Str. 75
59552 Lippstadt
Germany

Dear Herr Schmidt:

We apologize for the delay in answering your letter of March 27, 1998, on headlamp labels, but this Office did not receive a copy of it until November 3. If you wish to communicate with us by fax, we recommend that you mail a hard copy at the same time to minimize the possibility of lost correspondence.

You report that "modern headlamp designs have the approval markings for the USA as well as for the European market on the lens as it is required by the relevant laws." In order to minimize confusion as to whether a headlamp has been designed to conform to Federal Motor Vehicle Safety Standard No. 108, or to conform with ECE requirements, Hella would like to place the words "Not D.O.T. approved" or "Not D.O.T. certified" on the bottom line of the labels that the company places on the rear of the headlamp housing of ECE headlamps. You have asked that we agree with your plan.

We cannot agree with your plan. We understand that, under this plan, the "DOT" symbol would appear on each lens. S7.2(a) of Standard No. 108 requires that the lens of each original and replacement headlamp manufactured for sale in the United States must be marked with the symbol "DOT." This symbol is the certification required by 49 U.S.C. 30115 that the headlamp meets Standard No. 108. It cannot be qualified by a disclaimer placed on a label on the rear of the headlamp housing. A manufacturer must not mark a headlamp lens with the DOT symbol if the headlamp does not comply with Standard No. 108.

A manufacturer who applies the DOT symbol to the lens of a headlamp that meets ECE requirements but does not comply with Standard No. 108, in our view, has provided certification that is materially false and misleading, and the manufacturer may be liable for a civil penalty. The maximum civil penalties authorized are $1,100 for importation of a single noncomplying headlamp, and $1,100 for each instance of false and misleading certification. We may impose a penalty up to a total of $880,000 for any related series of violations.

Should it come to our attention that noncomplying headlamps with dual ECE/DOT markings are being imported into the United States, we will investigate the matter with a view towards seeking a civil penalty from any responsible headlamp manufacturer doing business in the United States. In addition, if nonconforming headlamps with dual ECE/DOT markings have previously been imported and sold, our laws require the importer to notify purchasers of the noncompliance, and to remedy the noncompliance at no charge.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108#VSA
d.2/26/99

ID: nht95-3.27

TYPE: INTERPRETATION-NHTSA

DATE: June 27, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: J. Gregory Studemeyer, Esq.

TITLE: NONE

ATTACHMT: ATTACHED TO 1/5/95 LETTER FROM J. GREGORY STUDEMEYER TO NHTSA (OCC 10647)

TEXT: Dear Mr. Studemeyer:

This responds to your letter of January 5, 1995, to this agency and your telephone conversation with Walter Myers of my staff on June 12, 1995, regarding the school bus standards we administer. You asked whether "your agency or any other federal agency notifies educational institutions of these [school bus] requirements."

The answer is no. The National Highway Traffic Safety Administration (NHTSA) does not maintain data on all schools or school districts throughout the nation, and does not routinely communicate with individual schools or school districts. The agency does , however, attend and disseminate information at school bus meetings and conferences nationwide and publishes all changes in school bus requirements in the Federal Register. In addition, NHTSA works closely and frequently with state directors of pupil t ransportation with regard to school transportation matters. In South Carolina, that official is the Director, Office of Transportation, Department of Education, 1429 Senate Street, Room 512, Columbia, SC 29201. Their telephone number is (803) 734-8244, and their fax number is (803) 734-8624.

Also for your information please find enclosed a fact sheet prepared by this office summarizing Federal school bus safety requirements. If you have any further questions or need additional information, please feel free to contact Walter Myers of my staf f at this address or at (202) 366-2992.

Enclosure

FEDERAL SCHOOL BUS SAFETY REQUIREMENTS

The National Highway Traffic Safety Administration (NHTSA) defines a bus as a motor vehicle designed to carry more than 10 persons, and a school bus as a bus that is sold or introduced into interstate commerce "for purposes that include carrying students to and from school or related events." Excluded are buses operated as common carriers in urban transportation. See 49 Code of Federal Regulations (CFR) 571.3.

In interpreting those provisions, NHTSA has looked to the nature of the particular institutions purchasing the buses. If the central purpose of the institution is the education of preprimary, primary, or secondary school students, including Head Start p articipants, whom NHTSA considers preprimary students, the buses must comply with all Federal motor vehicle safety standards (FMVSS) applicable to school buses. The FMVSSs are found in 49 CFR 571.101 through 571.304.

If, on the other hand, the institution is primarily custodial in nature, such as a nursery or day care center, or is concerned primarily with the education of post-secondary students such as college students, adult education or post-high school vocationa l students, the buses need not comply. Similarly, if transporting children to and from Sunday school or religious services, or if transporting athletic teams that have no connection to a school, the vehicles need not comply. However, if the vehicles ar e purchased to transport vocational students or athletic teams connected with preprimary, primary, or secondary schools or to transport students to or from such schools operated by a church, such as parochial schools, the vehicles would be required to co mply.

It is a violation of Federal law for any person knowingly to sell or lease as a school bus any new vehicle that does not comply with all FMVSSs applicable to school buses. The onus is on the seller or lessor to ascertain the intended use of the vehicle, and the seller/lessor is subject to substantial penalties for knowingly selling or leasing a noncomplying vehicle for use as a school bus, including civil fines and injunctive sanctions. These requirements do not apply to used vehicles.

Under Federal law, the purchaser or user of a vehicle is not under the same legal constraints as the seller. Since Federal law applies only to the manufacture and sale of new vehicles, a school may purchase and use any vehicle it chooses, whether new or used and without regard to whether it complies with Federal school bus standards, to transport its students. In addition, Federal law does not require the school to retrofit an existing vehicle to bring it into compliance with Federal standards. A sta te, however, may prescribe requirements relating to the use of school buses, including requirements for retrofitting or for operation and maintenance. The only Federal constraint on a state is that the state may not prescribe a standard for new vehicles covering the same aspect of performance as a Federal standard unless the state standard is identical to the Federal standard.

Finally, although not required by Federal law, NHTSA strongly recommends that only vehicles meeting Federal school bus safety standards be used to transport school children. See Highway Traffic Safety Program Guideline No. 17, Pupil Transportation Safet y, 23 CFR 1204. Further, NHTSA cautions that the use of vehicles that do not comply with Federal school bus safety standards to transport school children could result in increased liability in the event of an accident. That is a matter of state law, ho wever, so school districts should consult their attorneys and/or insurance carriers before transporting students in non-complying vehicles.

ID: 11116a

Mr. Robert R. Brester
Director of Product Engineering
Velvac Inc.
2900 South 160th Street
New Berlin, WI 53151

Dear Mr. Brester:

This responds to your request for an interpretation concerning how Standard No. 105, Hydraulic Brake Systems, affects the brake products you sell. According to your letter:

Velvac Inc. manufactures and sells brake components and power braking systems for trailers and truck tag axles. These brake systems are not part of the primary vehicle braking system. In the case of a tag axle, our customers are retrofitting a standard vehicle with an additional axle to increase its load carrying capacity. In the case of a trailer, our system may be the only source of braking.

The brake components Velvac supplies generally include control valving, brake boosters and various types of hoses and fittings. These items can be sold both as components and as complete power brake kits. (See attached catalogue drawings . . . .)

You stated that Mr. Richard Carter of this agency advised you that different combinations of braking components may be used to achieve the braking performance requirements of Standard No. 105, and that the responsibility of certifying vehicles to Standard No. 105 lies in the hands of your customers. This information is correct. However, you should be aware that some of the components listed in your catalogue are covered by Standard No. 106, Brake Hoses, and must be certified by their manufacturer as complying with that standard. A further discussion of the issues raised by your letter is provided below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new

motor vehicle equipment. NHTSA has exercised this authority to issue several vehicle and/or equipment standards related to braking performance. These standards include the aforementioned Standards No. 105 and No. 106, as well as ones on air brake systems, motorcycle brake systems, and motor vehicle brake fluids.

You specifically asked about Standard No. 105. That standard specifies requirements for hydraulic service brake and associated parking brake systems, and applies to passenger cars, multipurpose passenger vehicles, trucks, and buses with hydraulic service brake systems.

If your brake products are installed as original equipment on a new vehicle subject to Standard No. 105, the vehicle manufacturer is required to certify that, with the products installed, the vehicle satisfies the requirements of that standard (as well as all other applicable safety standards). If your brake products are added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an "alterer" under our regulations, and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

If your products are installed on a used vehicle by a business such as a repair shop, the repair shop would not be required to attach a certification label. However, it would have to make sure that it did not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable safety standard, such as the hydraulic brake system.

Assuming you do not manufacture or alter new vehicles, you do not have a responsibility to certify a vehicle's compliance with Standard No. 105. However, I note that some of the brake products listed in your catalogue are covered by Standard No. 106. That standard specifies requirements for motor vehicle brake hose, end fittings and assemblies. Standard No. 106 applies not only to new vehicles, as is the case with Standard No. 105, but also to brake hoses, end fittings and assemblies that are sold individually or in kit form. Manufacturers of these items must certify that the equipment complies with Standard No. 106, and persons selling these items must sell only certified items.

NHTSA also has the authority to investigate safety- related defects. Manufacturers of motor vehicles and items of motor vehicle equipment are subject to statutory requirements concerning the recall and remedy of products with defects related to motor vehicle safety. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which your products are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer that fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $1,000 per violation.

I have enclosed an information sheet that briefly describes various responsibilities of motor vehicle manufacturers under our regulations, and information on how you can obtain copies of our standards.

I hope this information is helpful. If you have any further questions, please call Edward Glancy of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref: 105, 106 NCC-20 EGlancy:mar:9/29/95:62992:OCc 11116 cc: NCC-0l Subj/Chron concurrence: NPS, NSA U:\ncc20\interp\105\1116a.jeg The "make inoperative" provision does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with the FMVSSs. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

ID: nht95-7.25

TYPE: INTERPRETATION-NHTSA

DATE: October 17, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Robert R. Brester -- Director of Product Engineering, Velvac Inc.

TITLE: NONE

ATTACHMT: ATTACHED TO 7/25/95 LETTER FROM ROBERT R. BRESTER TO STEVE WOOD (OCC 11116)

TEXT: Dear Mr. Brester:

This responds to your request for an interpretation concerning how Standard No. 105, Hydraulic Brake Systems, affects the brake products you sell. According to your letter:

Velvac Inc. manufactures and sells brake components and power braking systems for trailers and truck tag axles. These brake systems are not part of the primary vehicle braking system. In the case of a tag axle, our customers are retrofitting a standard vehicle with an additional axle to increase its load carrying capacity. In the case of a trailer, our system may be the only source of braking.

The brake components Velvac supplies generally include control valving, brake boosters and various types of hoses and fittings. These items can be sold both as components and as complete power brake kits. (See attached catalogue drawings . . . )'

You stated that Mr. Richard Carter of this agency advised you that different combinations of braking components may be used to achieve the braking performance requirements of Standard No. 105, and that the responsibility of certifying vehicles to Standard No. 105 lies in the hands of your customers. This information is correct. However, you should be aware that some of the components listed in your catalogue are covered by Standard No. 106, Brake Hoses, and must be certified by their manufacturer as complying with that standard. A further discussion of the issues raised by your letter is provided below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new motor vehicle equipment. NHTSA has exercised this authority to issue several vehicle and/or equipment standards related to braking performance. These standards include the aforementioned Standards No. 105 and No. 106, as well as ones on air brake systems, motorcycle brake systems, and motor vehicle brake fluids.

You specifically asked about Standard No. 105. That standard specifies requirements for hydraulic service brake and associated parking brake systems, and applies to passenger cars, multipurpose passenger vehicles, trucks, and buses with hydraulic service brake systems.

If your brake products are installed as original equipment on a new vehicle subject to Standard No. 105, the vehicle manufacturer is required to certify that, with the products installed, the vehicle satisfies the requirements of that standard (as well as all other applicable safety standards). If your brake products are added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an "alterer" under our regulations, and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

If your products are installed on a used vehicle by a business such as a repair shop, the repair shop would not be required to attach a certification label. However, it would have to make sure that it did not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable safety standard, such as the hydraulic brake system. n1

n1 The make inoperative provision does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with the FMVSSs. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

Assuming you do not manufacture or alter new vehicles, you do not have a responsibility to certify a vehicle's compliance with Standard No. 105. However, I note that some of the brake products listed in your catalogue are covered by Standard No. 106. That standard specifies requirements for motor vehicle brake house, end fittings and assemblies. Standard No. 106 applies not only to new vehicles, as is the case with Standard No. 105, but also to brake hoses, end fittings and assemblies that are sold individually or in kit form. Manufacturers of these items must certify that the equipment complies with Standard No. 106, and persons selling these items must sell only certified items.

NHTSA also has the authority to investigate safety-related defects. Manufacturers of motor vehicles and items of motor vehicle equipment are subject to statutory requirements concerning the recall and remedy of products with defects related to motor vehicle safety. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which your products are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer that fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $ 1,000 per violation.

I have enclosed an information sheet that briefly describes various responsibilities of motor vehicle manufacturers under our regulations, and information on how you can obtain copies of our standards.

I hope this information is helpful. If you have any further questions, please call Edward Glancy of my staff at (202) 366-2992.

ID: 1116a

Mr. Robert R. Brester
Director of Product Engineering
Velvac Inc.
2900 South 160th Street
New Berlin, WI 53151

Dear Mr. Brester:

This responds to your request for an interpretation concerning how Standard No. 105, Hydraulic Brake Systems, affects the brake products you sell. According to your letter:

Velvac Inc. manufactures and sells brake components and power braking systems for trailers and truck tag axles. These brake systems are not part of the primary vehicle braking system. In the case of a tag axle, our customers are retrofitting a standard vehicle with an additional axle to increase its load carrying capacity. In the case of a trailer, our system may be the only source of braking. The brake components Velvac supplies generally include control valving, brake boosters and various types of hoses and fittings. These items can be sold both as components and as complete power brake kits. (See attached catalogue drawings . . . .)

You stated that Mr. Richard Carter of this agency advised you that different combinations of braking components may be used to achieve the braking performance requirements of Standard No. 105, and that the responsibility of certifying vehicles to Standard No. 105 lies in the hands of your customers. This information is correct. However, you should be aware that some of the components listed in your catalogue are covered by Standard No. 106, Brake Hoses, and must be certified by their manufacturer as complying with that standard. A further discussion of the issues raised by your letter is provided below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new

motor vehicle equipment. NHTSA has exercised this authority to issue several vehicle and/or equipment standards related to braking performance. These standards include the aforementioned Standards No. 105 and No. 106, as well as ones on air brake systems, motorcycle brake systems, and motor vehicle brake fluids.

You specifically asked about Standard No. 105. That standard specifies requirements for hydraulic service brake and associated parking brake systems, and applies to passenger cars, multipurpose passenger vehicles, trucks, and buses with hydraulic service brake systems.

If your brake products are installed as original equipment on a new vehicle subject to Standard No. 105, the vehicle manufacturer is required to certify that, with the products installed, the vehicle satisfies the requirements of that standard (as well as all other applicable safety standards). If your brake products are added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an "alterer" under our regulations, and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

If your products are installed on a used vehicle by a business such as a repair shop, the repair shop would not be required to attach a certification label. However, it would have to make sure that it did not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable safety standard, such as the hydraulic brake system.

Assuming you do not manufacture or alter new vehicles, you do not have a responsibility to certify a vehicle's compliance with Standard No. 105. However, I note that some of the brake products listed in your catalogue are covered by Standard No. 106. That standard specifies requirements for motor vehicle brake hose, end fittings and assemblies. Standard No. 106 applies not only to new vehicles, as is the case with Standard No. 105, but also to brake hoses, end fittings and assemblies that are sold individually or in kit form. Manufacturers of these items must certify that the equipment complies with Standard No. 106, and persons selling these items must sell only certified items.

NHTSA also has the authority to investigate safety- related defects. Manufacturers of motor vehicles and items of motor vehicle equipment are subject to statutory requirements concerning the recall and remedy of products with defects related to motor vehicle safety. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which your products are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer that fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $1,000 per violation.

I have enclosed an information sheet that briefly describes various responsibilities of motor vehicle manufacturers under our regulations, and information on how you can obtain copies of our standards.

I hope this information is helpful. If you have any further questions, please call Edward Glancy of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:105#106 d:10/17/95 The "make inoperative" provision does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with the FMVSSs. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

ID: 24200.ztv

Trooper Lawrence D. Richardson
Massachusetts State Police
200 Scotland Road
Newbury, MA 01950

Dear Trooper Richardson:

This is in reply to your e-mail earlier this year to the National Highway Traffic Safety Administration Webmaster. You are concerned about several motor vehicle lighting devices that you have seen recently on vehicles in your state. These include "red, green, purple, blue and other colors that are mounted in the front or rear of the vehicle," vehicles with clear taillamp lenses, and vehicles with no rear "reflective red lenses." You asked whether these types of devices are allowable.

We do not understand your reference to your motor vehicle law that "refers to part 571 as far as after market lights are concerned." Whether non-standard lighting equipment is allowable on vehicles in use is at bottom a matter of State law. The legality of modifications by vehicle owners is generally determined by laws of the jurisdiction where a vehicle is registered and/or operated. We believe, therefore, that Massachusetts law contains the answers to your questions.

Under Federal law, much of what you have observed would not be permissible as original vehicle equipment. As you realize, motor vehicles are originally manufactured with lighting equipment that emits red, amber, or white light. No other colors are permitted for original equipment lighting by the Federal motor vehicle safety standard on vehicle lighting (49 CFR 571.108, Lamps, Reflective Devices and Associated Equipment) (except that some States reserve blue for use in emergency lighting). Items of replacement lighting equipment are also required under Federal law to emit the same color light as the original equipment they are designed to replace.

Accessory equipment on new vehicles is permissible under Federal law if it does not impair the effectiveness of original equipment required by Standard No. 108. We interpret this as prohibiting lamps of colors different than red, amber, or white, because of the possibility that non-standard colors could cause momentary confusion in other drivers, diverting their attention from lamps that signal driver intention, such as stop lamps and turn signal lamps. This means that we do not allow green, purple, or blue lamps as original equipment on private vehicles. Further, we do not allow red lamps of any sort, or reflectors, to be mounted at a location other than the rear side, or rear, of a vehicle.

Generally, if accessory lighting equipment is not permissible on new vehicles, it will not be permissible as an aftermarket accessory for vehicles in use. The legal consideration in this instance is whether the accessory makes inoperative in any way a lamp installed in accordance with Standard No. 108. Usually, we conclude that, if a device impairs the effectiveness of a required item of lighting equipment, it will also make that equipment inoperative in part. However, our law does not prohibit a vehicle owner personally from making any safety equipment inoperative on his or her vehicle. In that instance, the legality of installation and use is determined under State law.

Some replacement taillamp housings are available with clear lenses, intended to be used in conjunction with a red incandescent light source. We are unaware of any original equipment lamp required to emit the color red that consists of a clear lens and a red bulb and that is certified to comply with standard No. 108. This is not simply a design choice; we know of no red bulb now or ever in production that conforms to Standard No. 108s color specification. The combination of a clear bulb and a red lens, therefore, is the only way to design a lamp that conforms to Standard No. 108s requirement that its light be red. This means that the manufacturer of clear lenses or lamps intended to replace lenses or lamps whose original color was red is in violation of S5.8 of Standard No. 108. Many of these original equipment taillamps also incorporate the red reflex reflector that Standard No. 108 requires to be located on the rear side and rear of vehicles, whereas the replacements with clear lenses do not. This also does not comport with Standard No. 108. A similar situation exists with respect to headlamps that originally incorporated amber side reflex reflectors. If the replacement lamp does not include the reflector, this, too, would not comport with Standard No. 108.

You also mentioned "snake eyes" lights "that are displayed where the window washer fluid should be coming out, in all different colors," including purple, green, and blue. Such an accessory would appear to have an impairing effect upon original lighting equipment if its colors are other than white or amber (on the front), or red (on the rear), or if the light is of such an intensity as to distract another drivers attention from the light emitted by required lighting equipment.

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

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:108
d.7/29/02