ID: aiam4362

Dear Mr. Murtha: Thank you for your letter to the Department of Transportation's Offic of Congressional Affairs, which has been referred to me for a response. In an addendum enclosed with your letter, you note that one of your constituents, Mr. Gene Bird, would like information on the Federal regulations addressing 'completing the finishing work on automobiles.' Apparently, another manufacturer would send small sports cars to Mr. Bird's business. Your addendum states that these sports cars 'will need the following type of work done: installation of the engine, components, radiators, interiors, and the cars will finally have to be tested.' I am pleased to have this opportunity to explain our statute and regulations to you.; By way of background, the National Traffic and Motor Vehicle Safety Ac (15 U.S.C. 1381 *et seq*.) requires *every* new motor vehicle sold in the United States to be certified as complying with all applicable Federal motor vehicle safety standards. The Safety Act also specifies that the manufacturer *itself* must certify that each of its vehicles complies with all applicable safety standards in effect on the date of manufacture. Because of this statutory requirement, this agency does not 'approve' any vehicles or offer assurances that the vehicles comply with the safety standards.; Further, the Safety Act does not require that a manufacturer' certification be based on a specified number of tests or any tests at all. The Safety Act only requires that the certification be made with the exercise of 'due care' on the part of the manufacturer. It is up to the individual manufacturer in the first instance to determine what data, test results, or other information it needs to enable it to certify that its vehicles comply with the safety standards. We would certainly recommend that a new manufacturer test some of its vehicles for compliance with the applicable safety standards.; It is not entirely clear from your addendum whether Mr. Bird would b classified as an 'alterer' or a 'final stage manufacturer' under our regulations. His company would be considered an 'alterer' of motor vehicles, if the second company referred to in your addendum furnishes completed and certified sports car to Mr. Bird's company, and Mr. Bird's company changes the engine and other components on those vehicles. If this is the contemplated action, Mr. Bird's company would be treated as an alterer under our regulations.; The certification requirements for alterers are set forth in 49 CF S567.7 (copy enclosed). Generally speaking, that section requires a person who alters a vehicle before its first purchase to supplement the certification label affixed by the original manufacturer with its own certification label. The alterer's certification label must include all of the information set forth in Part 567, including a statement that the altered vehicle complies will all applicable safety standards in effect on the date the vehicle was altered. In the case of sports cars, an alterer must certify that the altered car complies with all of the following:; >>>49 CFR S571.101 *Controls and Displays*, 49 CFR S571.102 *Transmission Shift Level Sequence*, 49 CFR S571.103 *Windshield Defrosting and Defogging Systems*, 49 CFR S571.104 *Windshield Wiping and Washing Systems*, 49 CFR S571.105 *Hydraulic Brake Systems*, 49 CFR S571.106 *Brake Hoses*, 49 CFR S571.107 *Reflecting Surfaces*, 49 CFR S571.108 *Lamps, Reflective Devices, and Associated Equipment*, 49 CFR S571.110 *Tire Selection and Rims*, 49 CFR S571.111 *Rearview Mirrors*, 49 CFR S571.112 *Headlamp Concealment Devices*, 49 CFR S571.113 *Hood Latch System*, 49 CFR S571.114 *Theft Protection*, 49 CFR S571.115 *Vehicle Identification Number*, 49 CFR S571.116 *Motor Vehicle Brake Fluids*, 49 CFR S571.118 *Power-operated Window Systems*, 49 CFR S571.124 *Accelerator Control Systems*, 49 CFR S571.201 *Occupant Protection in Interior Impacts*, 49 CFR S571.202 *Head Restraints*, 49 CFR S571.203 *Impact Protection for the Driver from the Steerin Column*,; 49 CFR S571.204 *Steering Control Rearward Displacement*, 49 CFR S571.205 *Glazing Materials*, 49 CFR S571.206 *Door Locks and Door Retention Components*, 49 CFR S571.207 *Seating Systems*, 49 CFR S571.208 *Occupant Crash Protection*, 49 CFR S571.209 *Seat Belt Assemblies*, 49 CFR S571.210 *Seat Belt Assembly Anchorages*, 49 CFR S571.211 *Wheel Nuts, Wheel Discs, and Hub Caps*, 49 CFR S571.212 *Windshield Mounting*, 49 CFR S571.214 *Side Door Strength*, 49 CFR S571.216 *Roof Crush Resistance*, 49 CFR S571.219 *Windshield Zone Intrusion*, 49 CFR S571.301 *Fuel System Integrity*, and 49 CFR S571.302 *Flammability of Interior Materials*.<<< Alternatively, Mr. Bird's company may be treated as a 'final stag manufacturer,' as that term is defined at 49 CFR S568.4. A final stage manufacturer means a person who finishes the manufacturing operations on an incomplete vehicle. Thus, if the second company referred to in your addendum is planning to furnish Mr. Bird's company with sports cars that have no engine, radiator, and so forth, the vehicles provided to Mr. Bird's company would be considered 'incomplete vehicles' and Mr. Bird's company would be considered a 'final stage manufacturer.'; If this is the case, Mr. Bird's certification responsibilities depen on the information he is provided by the manufacturer of the incomplete vehicle, i.e., the second company referred to in your addendum. Part 568 (copy enclosed) requires the manufacturer of the incomplete vehicle to furnish Mr. Bird's company with a document that states one of three things for the incomplete vehicle. These are:; >>>1. The vehicle when completed will conform to some or all of th applicable safety standards *if* no alterations are made to any identified components of the incomplete vehicle.<<<; If Mr. Bird receives such a document and does not make any of th specified alterations, his company could certify compliance with the standards listed in the previous manufacturer's document simply by stating that compliance has not been affected by the operations performed by Mr. Bird's company. See 49 CFR S567.5(C)(7). Mr. Bird's company would have to certify compliance with any applicable standards not listed in this document.; >>>2. The vehicle when completed will conform to some or all of th applicable safety standards if specific conditions are followed by the final stage manufacturer.<<<; If Mr. Bird receives this type of document, his situation will be ver similar to that described above. That is, if his company follows the specific conditions, it could certify compliance with the standards listed in the previous manufacturer's document simply by stating that compliance has not been affected by the operations performed by Mr. Bird's company. See 49 CFR S567.5(c)(7). Again, Mr. Bird's company would have to certify compliance with any applicable standards not listed in this document.; >>>3. Conformity with some or all of the standards is not substantiall affected by the design of the incomplete vehicle, so the incomplete vehicle manufacturer makes no representation as to conformity with the standards.<<<; If Mr. Bird receives this type of document, his company would b required to certify compliance with the standards identified in the document on its own. This type of document would put Mr. Bird's company in the same position as an alterer for the listed standards.; I have also enclosed a general information sheet for new manufacturer of motor vehicles. This sheet highlights the relevant Federal statutes and the National Highway Traffic Safety Administration regulations that may apply and explains how to get copies of our regulations. I hope that this information is helpful. If you have any further questions about our regulations, please contact this office.; Sincerely, Erika Z. Jones, Chief Counsel

ID: nht75-4.40

DATE: 06/03/75

FROM: AUTHOR UNAVAILABLE; J. C. Schultz; NHTSA

TO: Blue Bird Body Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of May 19, 1975, inquiring as to the effect of Federal Motor Vehicle Safety Standard No. 217, Bus Window Retention and Release, on a Connecticut law relating to school bus window emergency release.

As you are aware, section 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1392(d)) provides that no State or political subdivision of a State may promulgate or continue in effect standards applicable to an aspect of motor vehicle or motor vehicle equipment performance which is covered by a Federal motor vehicle safety standard, unless the standards are identical.

Standard No. 217 includes provisions relating to emergency exit force applications. A differing State specification for emergency release force applications is voided by @ 103(d) since the Federal standard is intended to cover all aspects of emergency window release performance.

As explained in our November 29, 1974, letter to Mr. Donald L. Gibson (copy enclosed) a Federal standard will preempt any State law that relates to the same aspect of motor vehicle performance yet imposes different requirements.

Your responsibility as a manufacturer is to comply with the Federal safety standard. You should note, however, that purchase specifications may be imposed by any person or organization, including a State or municipality, with respect to vehicles purchased for the person or organization's own use. Such specifications are not limited by Federal law, and in the case of governmental bodies are specifically allowed by S 103(d), although of course they cannot alter a manufacturer's duty to conform to Federal standards.

SINCERELY,

May 19, 1975

Richard Dyson Assistant Chief Counsel U. S. Department of Transportation NHTSA

The State of Connecticut recently adopted new school bus specifications which will become effective on school buses manufactured after January 1, 1976. In two areas these specifications are more restrictive than FMVSS 217 Bus Window Retention and Release.

In section 14-275B-16 (d) and 14-275B-17 (a), (see attached copies), the Connecticut specifications call for emergency exit release forces of between 5 and 15 pounds and 5 and 20 pounds respectively. Since these forces are different than those required by FMVSS 217, this imposes an additional constraint on school bus manufacturers for that state. Also, we are concerned that latch forces as low as 5 pounds could result in inadvertent opening of emergency exits.

We are in receipt of a copy of a letter which you sent to Mr. Donald L. Gibson, dated November 27, 1974, with file reference N40-30 (KK). In that letter you state:

"The federal requirements must be regarded as conclusive with regard to parking brake performance and emergency braking capability in order to maintain the uniformity necessary in a federal regulatory scheme. If states were permitted to impose additional requirements in an area regulated by a federal safety standard, manufacturers would be confronted with an impossible task of compliance. This reasoning formed the bais of the recent decision rendered in a case brought by the Motorcycle Industry Council, Inc., against the State of California in the United States District Court for the Eastern District of California concerning the preemption of a California State requirement that motorcycle lamps be wired to operate when the engine is running. The court held that the California requirement is preempted by the Federal Motor Vehicle Standard 108 since the NHTSA intended to cover all aspects of performance directly involving motorcycle headlamps."

It appears to us that this current conflict between the new Connecticut regulations and FMVSS 217 is similar to the matter which you addressed in your letter quoted above.

In the light of such conflicting specifications, what is our responsibility as a school bus manufacturer.

W. G. Milby Staff Engineer

CC: JOHN O'CONNELL; DAVE PHELPS

MINIMUM REQUIREMENTS FOR TYPE I SCHOOL BUS CONSTRUCTION AND EQUIPMENT the release mechansism should be turned to open the emergency door shall be painted on the outside of the emergency door in black on the national school bus yellow background. The emergency door shall have a horizontal opening of at least 30 inches and a vertical opening of at least 48 inches measured from the floor level. No steps shall lead to the emergency door. The emergency door or exit shall be devised so as to be opened from the inside and the outside.

(b) The passage to the emergency door shall be kept clear of obstructions. For rear doors the horizontal clearance of 30 inches shall be maintained for a distance of at least twelve inches inside the bus. When the emergency door is in the left side, a minimum horizontal clearance of 30 inches and a vertical clearance of 48 inches shall be maintained between it and the center aisle.

(c) The upper and lower portion of the central rear emergency door shall be equipped with approved safety glass, the exposed area of which shall be not less than four hundred (400) square inches in the upper portion and not less than three hundred (300) square inches in the lower portion. The left side emergency door shall be equipped with safety glass in the upper portion and the lower portion shall be of at least the same gauge metal as the body outer panels. The emergency door shall be hinged on the right side if it is in the rear end of the bus and on the front side if it is in the left side and shall open only outward. Control from the driver's seat shall not be permitted.

(d) The emergency door shall be equipped with a slide-bar, cam-operated latch which shall have a minimum stroke of one inch. The latch shall be equipped with a suitable electric plunger-type switch connected with a distinctive audible signal automatically operated and located in the driver's compartment which shall clearly indicate the unlatching of this door and no cutoff switch shall be installed in the circuit. The switch shall be enclosed in a metal case, and wires leading from the switch shall be concealed in the body. The switch shall be so installed that the plunger contacts the farthest edge of the slide bar in such a manner that any movement of the slide bar will immediately close the circuit and activate the signal. The door latch shall be equipped with an interior handle which shall be capable of quick release upon application of a force between 5 and 15 pounds but shall be protected agains accidental release. It shall lift up to release the latch. The outside handle shall be installed in a vertical position when latched so as to minimize hitching and shall be a non-detachable device.

(e) An audio alarm shall indicate to the driver when any door is in the locked position while the ignition switch is in the "on" position.

Sec. 14-275b-17. Emergency Windows. (a) A rear emergency window at least 16 inches in height and as wide as practicable shall be provided in any bus where the emergency door is not in the rear. The rear window shall be designed so as to be opened from either the inside or the outside. It shall be hinged at the top and be equipped with a linkage or mechanism that will automatically hold the opened window against the force of gravity at a hinge opening angle of 60 +/- 5 degrees measured from the closed window position. Such linkage or mechanism shall not prevent the window from opening a full 90 degrees due to gravitational forces should the bus be inverted. A positive latch on the inside shall provide for quick release upon application of a force between 5 and 20 pounds but offer protection against accidental release. The outside handle shall be non-detachable and designed to minimize hitching.

(b) Labeling shall indicate in 1/2 inch letters on the inside how the window operates and in letters at least two inches in height the words "Emergency Exit" above on the inside and directly below on the outside.

(c) A distinctive audible signal automatically operated shall clearly indicate to the driver the unlatching of the rear emergency window or the opening of any push-out emergency windows and no cutoff switch shall be installed in the circuit.

(d) If there is a space between the top of the rear divan seat and the inside lower edge of the rear emergency window, such space shall be covered by a material of sufficient strength to sustain 600 pounds weight.

Sec. 14-275b-18. Exhaust System and Muffler. The exhaust system shall include the exhaust manifold and gaskets, piping leading from the flange of the exhaust manifold to and including the muffler(s). The system shall not extend into the body and shall be attached to the chassis. The tail pipe(s) shall be non-flexible sixteen gauge steel or equivalent and shall extend beyond the rear end of the chassis frame but not beyond the rear limit of the bumper. The complete exhaust system shall be tight and free from leaks and shall be properly insulated from the electrical wiring or any combustible part of the bus. It shall not pass within twelve inches of the fuel tank or its connections except that the exhaust system may come within four inches of the fuel tank or its connections if a suitable heat baffle is installed between the exhaust system and such tank or connections. The size of the pipes in the exhaust system shall not be reduced below that at the engine manifold.

$99(Illegible word)

1-28-75

ID: nht91-4.17

DATE: June 10, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Rosemary Dunlap -- President, Motor Voters

TITLE: None

ATTACHMT: Attached to letter dated 5-10-91 from Rosemary Dunlap to Jack Rice (OCC 6035)

TEXT:

This responds to your letter concerning bills under consideration by a number of states which would require disclosure concerning safety features in light trucks and vans and bumper strength. You stated that there is considerable debate about whether such bills would be preempted be Federal law, and noted that opponents have represented that a NHTSA spokesperson indicated that the states are preempted in this area. You stated that you have been unable to locate this statement, and asked whether NHTSA has an official opinion regarding Federal preemption and disclosure.

I believe that the statement you refer to was made by NHTSA's Associate Administrator for Rulemaking, Barry Felrice, at the July 1990 NHTSA Public/Industry Meeting. Mr. Felrice was responding to a question from the Center for Auto Safety. I have enclosed a copy of the relevant portion of the transcript for that meeting and the question.

As you can see from the transcript, Mr. Felrice did not say that states are necessarily preempted from establishing information disclosure requirements. In order to provide an opinion as whether a particular bill would be preempted, I would need to review the specific language of the bill.

I hope this information is helpful.

Attachment NHTSA MEMORANDUM

Subject: INFORMATION: Submittal to Docket Date: August 13, 1990 NHTSA/Industry

From: Barry Felrice Associate Administrator for Rulemaking

To: Docket Section THRU: Jack Rice Chief Counsel

Please insert in that Section of the Docket titled, "Rulemaking, Research and Enforcement Program: Public Meetings, the following:

1. Federal Register Notice 55 FR 25920 of June 25, 1990 - Notice of Meeting July 18, 1990, Ann Arbor, MI.

2. Agenda of Meeting

3. Submittal from Association of International Automobile Manufacturers, Inc, subject: "NHTSA/Industry Meeting - Agenda Items, July 18, 1990."

4. Letter dated July 10, 1990, from Center for Auto Safety, subject: "Questions for the July 18, 1990, NHTSA/Industry Meeting."

5. Letter dated July 9, 1990, from Motor Vehicle Manufacturers Association, subject: "Questions for NHTSA/Meeting, July 18, 1990.

6. Transcript of Proceedings for the NHTSA Industry Meeting on July 18, 1990.

Attachments

Agenda for NHTSA Industry Meeting Wednesday, July 18, 1990 Ann Arbor, Michigan

I. RULEMAKING

Q. MVMA

1. Attached is a list of unresolved petitions. Please advise as to their status and anticipated actions.

CRASHAVOIDANCE

Q. AIAM

1A. What is the status of NHTSA action on the petition that would require brake hydraulic system malfunction indication for fluid loss and/or pressure loss?

Q. MVMA

2. After review of petitions for reconsideration, does the agency expect to retain the current method of measuring turn signal/headlamp separation by amending the recent FMVSS 108 Final Rule (effective November, 1990)?

3. When does the agency plan to issue a Final Rule on Docket No.

89-24; Notice 1 (optional combinations of lamps)? What changes are expected from the NPRM?

4. When does the agency plan to issue a Final Rule on Docket No.

81-11; Notice 29 (amended humidity test procedure)? What changes are expected from the NPRM?

5. When will the next rulemaking action be taken and what will be the content regarding the adoption of roadway illumination specifications for forward lighting? (Docket 85-15, Notice 7)

Q. AIAM

6. NHTSA issued a final rule to require vehicles with automatic transmissions to be equipped with key-locking systems from September 1, 1992. Has the agency received any request for reconsideration of the requirements and does the agency have an intention to amend the regulation?

Q. MVMA

7. When does the agency plan to issue a SNPRM on brake harmonization? Please describe any expected changes from the previous notice.

Q. AIAM

51. Automobile manufacturers are well aware of the benefits of ABS systems and many are moving forward to adopt ABS for their model lineups. However, in the State of California, a bill, AB 4342 is currently being deliberated, which would make ABS mandatory for all vehicles 6,001 lbs unloaded vehicle weight. While the intent of the bill is a step for the better, we do believe that the bill may conflict with Section 103(d) of the Vehicle Safety Act.

Could NHTSA comment on whether this bill does come into conflict with Federal preemption of state laws as stated in Section 103(d)?

Q. MVMA

52. When is NHTSA planning to complete and make available the "EMERGENCY RESCUE GUIDELINES FOR AIR BAG-EQUIPPED VEHICLES"?

-How and when can copies be obtained?

-How will the "GUIDELINES" be announced and distributed, and to what organizations and mailing lists?

-To whom should individual requests be directed?

Q. CFAS

53. Because light trucks and vans (LTV's) need not meet the same safety standards as passenger cars, several states have proposed laws to require disclosure of standards that a particular LTV does or does not meet, and any effect on the owner's insurance rates. What is NHTSA's view on such state laws?

54. To what extent does NHTSA plan to continue soliciting the opinions of consumer groups in roundtable meetings, such as the recent one on rear seat shoulder belt installation?

TRANSCRIPT OF PROCEEDINGS

DEPARTMENT OF TRANSPORTATION

In the Matter of:

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION INDUSTRY MEETING

PAGES: 1 through 79 PLACE: Ann Arbor, Michigan DATE: July 18, 1990

HERITAGE REPORTING CORPORATION Official Reporters 1220 L. Street, N.W., Suite 600 Washington, D.C. 20805 (202) 623-4233

...regulate. So while we don't specifically require or address anti-lock in our standards, we think that a state law requiring anti-lock can be regarded as addressing the same aspect of performance as Standard 105 and therefore, would be preempted by our standard.

MR. SCHWENTKER: Don Schwentker from AIAM. One might argue that breaking is an aspect of performance quite apart from anti-lock breaking and that a breaking standard, itself, might be preempted like that.

MR. FELRICE: Could be. But we're willing right now to go even further than that. Like I said, breaking stability is regulated by Standard 105. So, without looking at the actual bill, you know, the lawyers think that such a law would be preempted by us.

MR. SCHWENTKER: Does NHTSA have any plans to communicate their feelings on that to California?

MR. FELRICE: No, not at this time. It would be premature.

Fifty two we talked about. Fifty three is another legal question. In this case, the states are requiring disclosure of information to consumers, in this case, light trucks and vans -- a label or something that says these vehicles do not meet all the same requirements that passenger cars do. I think we've seen similar laws here on the bumper performance.

This is a different case. Here we -- there is nothing in federal law that preempts or otherwise prohibits a state from establishing information disclosure requirements as long as the information is accurate and is not required to be affixed to the vehicle. And we think

there is federal preemption there but if a state wants to provide dealerships, provide point of sale information to consumers, or that there be information in an owner's manual, we believe that they have authority to do that.

And the second part of this question asks, what are our views on such state laws? We would hate to give any kind of opinion as to whether a particular state law was good or bad or if we agreed with it based on the specifics of that particular law and I really don't want to give a general statement that we disapprove of the states being in this area.

MR. DANA: Greg Dana, AIAM. About petitions -- did you just say as long as that information labeling requirement, whatever, is not attached to the vehicle?

MR. FELRICE: Yes.

As long as it is not required to be affixed to the vehicle. MR. DANA: All right.

MR. FELRICE: And what the legal cite for that particular aspect is I don't know and you can feel free to ask Jack Rice, our Chief Counsel, who said you can say this, Barry.

Now the last question asks, To what extent we plan to continue soliciting the opinions of consumer groups or others in round table meetings?

For instance, in a recent one, we had an issue about lap/shoulder belts. These will be done periodically. Jerry Curry wants to reach out a lot. We've had meetings with insurers, with manufacturers, consumer groups -- the rear seat lap shoulder belt meeting was an interesting one because we sort of had everybody there together: dealers, manufacturers, consumer groups and insurers. We don't have a particular time table that we'll do these. And probably -- I think everyone wants to do them once every six months, once every year, and I think we will continue to do that and as specific subjects come up, like rear seat lap shoulder belt retrofit kits that merit a specific meeting, we'll just call it then. So they will be continued but there is no specific schedule for doing that.

And I will answer any other questions.

MR. BENNETT: Milford Bennett, General Motors. Barry, a follow up on Item 22, Side Impact. BIOSID AND SID...

ID: 1768y

Mr. Karl H. Mayer
Rules and Regulations
Dr.Ing.h.c.F.Porsche AG
Porschestrasse 42
Stuttgart--Zuffenhausen
West Germany

Dear Mr. Mayer:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standards No. l0l, Controls and Displays, and No. l02, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect. You asked about the standards in connection with a new transmission and related gear shift mechanism that you are considering producing. I note that your accompanying request for confidentiality was withdrawn by an August l5, l988 letter signed by your attorney, effective September 30, l988.

You stated that the new transmission is characterized by two functions, a manual gear shift and an automatic gear shift, combined in a single unit. A motor vehicle incorporating the transmission does not have a clutch pedal. Operation of the transmission is entirely dependent on the position selected for the gear shift lever. The shift lever is located in the middle console, where it can be moved along either of two slots which are located essentially parallel to the longitudinal axis of the vehicle. The left slot (automatic function) is essentially the same as a conventional automatic transmission gear shift lever, with the following positions (in order): P R N D 3 2 l. At the D position (only) of the left slot, the gear shift lever can be transferred to the M (manual) position of the right slot (manual function). The right slot consists of the following positions (in order): + M -. When the gear shift lever is in the right slot, the driver can select a higher gear (+) or lower gear (-) by tapping the shift lever. The shift lever always returns to the "M" position after being tapped. You plan to provide two shift displays, one on the middle console and the other on the instrument panel.

You stated that you believe that a dual function transmission of the type described in your letter is permitted if it meets the various requirements of Standards No. l0l and l02 and asked whether we agree with your interpretation. You also asked three questions related to certain aspects of the transmission and related gear shift lever and shift displays. Your questions are responded to below.

By way of background information, and as noted in your letter, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles meet applicable requirements. The following represents our opinion based on the facts provided in your letter.

I agree with your basic contention that a dual function transmission of the type described in your letter is permitted if it, and the accompanying gear shift lever and shift displays, meet the various requirements of Standards No. l0l and l02. The performance requirements specified in the two standards do not prohibit dual function transmissions.

I have one primary comment concerning how you should evaluate Standards No. l0l and No. l02 with respect to the compliance of a vehicle equipped with the transmission. In some instances, these standards specify different requirements depending on whether a vehicle is equipped with a manual transmission or an automatic transmission. Thus, a critical issue is which of these requirements would need to be met by a vehicle equipped with your planned transmission. While you characterize the transmission as having two functions, a manual gear shift and an automatic gear shift, combined in a single unit, it is our opinion that the transmission is an automatic transmission for purposes of Federal motor vehicle safety standards. It is possible, of course, to manually control most conventional automatic transmissions, at least to some extent, by means of the gear shift lever, e.g., by shifting the lever from D to L. Your transmission would differ from a conventional automatic transmission primarily in having an additional means of manual control. However, the transmission would still be an automatic transmission. Vehicles equipped with the transmission would thus need to meet the requirements specified by Standards No. l0l and No. l02 for vehicles equipped with an automatic transmission, and not the requirements specified for vehicles equipped with a manual transmission.

I will now address your three specific questions. You stated that it appears to you that when the shift lever is in the manual slot, it is permissible to have the lever, after tapping to shift up or down, return to the original middle position, and asked for our interpretation on this point. We agree that this basic design is permitted under Standards No. l0l and No. l02.

Your second and third questions, which I will address together, concern the shift displays. You stated that you believe it is permissible for both of the dual shift pattern displays, i.e., the one on the middle console and the one on the instrument panel, to be constantly visible so that the driver can simultaneously see the currently used shift mode and also the alternative, and asked for our evaluation of this point. You also asked about the permissibility of two alternative instrument panel displays.

I will begin my discussion of these questions by identifying the relevant requirements of Standards No. l0l and No. l02. Section S3.2 of Standard No. l02 states that the "(i)dentification of shift lever positions of automatic transmissions . . . shall be permanently displayed in view of the driver." NHTSA has previously interpreted "position" to mean the shift lever positions in relation to each other and the position that the driver has selected at the time of selection. Therefore, the display of a gear lever sequence and a gear position indicator is required for automobiles equipped with automatic transmissions. NHTSA has previously interpreted the requirement for permanent display as requiring a display that can be seen regardless of the operating mode of the engine. Thus, it is not permissible for the required display to be visible (e.g., in the case of an electronic display, be activated) only when the key is in the ignition switch. (I note that on August 25, l988, NHTSA published a notice of proposed rulemaking to amend the requirement for permanent display. A copy is enclosed.)

Standard No. l0l specifies requirements for the location, identification and illumination of automatic gear position displays. Section S5.l requires that gear position displays must be visible to the driver under the conditions of S6. Section S6 provides that the driver is restrained by the crash protection equipment installed in accordance with Standard No. 208, Occupant Crash Protection, adjusted in accordance with the manufacturer's instructions. Section S5.3.l and Table 2 of the standard together require that automatic gear position displays be illuminated whenever the ignition switch and/or the headlamps are activated. The entry in Table 2 concerning the automatic gear position display references Standard No. l02.

Your design includes the following ten shift lever positions: P R N D 3 2 l + M -. Under section S3.2 of Standard No. l02, all of these positions must be permanently displayed, i.e., there must be a display of the l0 positions in relation to each other and there must be an indication of the position that the driver has selected. As indicated above, Standard No. l0l specifies requirements for the location, identification and illumination of automatic gear position displays.

The fact that your design would include more than one gear position display raises several issues, including (l) whether more than one display is permitted, (2) whether each display (where multiple displays are provided) must meet all of the requirements specified by Standards No. l0l and No. l02, and (3) whether multiple displays can be used to meet the requirements of the standards for gear position displays where no single display meets the requirements. It is our opinion that more than one display is permitted. It is also our opinion that if one display meets all of the requirements of Standards No. l0l and No. l02, the additional display(s) provided voluntarily by the manufacturer need not meet any particular requirements (except for section S5.3.5 of Standard No. l0l, which specifies requirements for sources of illumination not otherwise regulated by that standard). We have not previously found it necessary to address the issue of whether multiple displays can be used to meet the requirements of the standards for gear position displays where no single display meets the requirements. However, one commenter on the August 25, l988 notice cited above asked whether two displays could be used together to demonstrate compliance with section S3.2 of Standard No. l02. We plan to address that specific issue in the context of that rulemaking.

While it is not entirely clear from your letter, the display on the middle console may provide permanent display (including times when the ignition is not on) of the shift lever positions, i.e., a display of the l0 positions in relation to each other and an indication of the position selected by the driver. It appears, however, that illumination is not provided for this display. Given the reference in Standard No. l0l to Standard No. l02, it is our opinion that where multiple gear position displays are provided and one complies with Standard No. l02 and the others do not, the requirements of Standard No. l0l must be met for the display which complies with Standard No. l02.

If the display on the console fully met the requirements of Standards No. l0l and No. l02, it would be unnecessary for the additional display on the instrument panel to also meet the standards (with the exception of section S5.3.5 of Standard No. l0l, as noted above). I note that neither of the alternative instrument panel displays shown in your letter show all of the shift lever positions. While the displays do show P R N D 3 2 l, they show either 4 3 2 l or 4 3 M 2 l instead of + M -. If the instrument panel display, rather than the console display, was to be used to meet the requirements of section S3.2 of Standard No. l0l, it would be necessary for the display to show the l0 actual shift lever positions, including + M -. I also assume that the instrument panel display is not activated when the ignition is not on and thus does not provide a permanent display.

I would like to note that the discussion in the preceding paragraph should not be read as a suggestion that you change the instrument panel display to show + M - instead of 4 3 2 l or 4 3 M 2 l. One consequence of your design is that, in the manual mode, the driver would not know what gear the car was in from either observing the location of the gear shift lever or by knowing the shift lever position (+ M or -). Your design takes care of this, however, by providing an indication of actual gear position on the instrument panel display. Assuming that you can meet the requirements of Standards No. l0l and No. l02 by means of the console display, we believe that it would be a desirable feature of your design to indicate actual gear position on the voluntarily provided instrument panel display.

I hope this information is helpful. If you have any further questions concerning this matter, please contact me.

Sincerely,

Erika Z. Jones Chief Counsel

/ref:l0l:l02 d:4/3/89

ID: 8259-4

Mr. Michael Love
Manager, Compliance
Porsche Cars North America, Inc.
100 West Liberty Street
Reno, Nevada 89501

Dear Mr. Love:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standards (FMVSS) No. 101; Controls and displays and No. 102; Transmission shift lever sequence, starter interlock, and transmission braking effect. I apologize for the delay in our response. You asked about the standards in connection with three options your company is considering for changing its "Tiptronic" automatic transmission system.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles meet applicable requirements. The following represents our opinion based on the facts provided in your letter.

The current Tiptronic automatic transmission system can be described as follows:

The shift lever is located in the middle console, where it can be moved along either of two slots which are located essentially parallel to the longitudinal axis of the vehicle. The left slot (automatic function) is essentially the same as a conventional automatic transmission gear shift lever, with the following positions (in order): P R N D 3 2 1. At the D position (only) of the left slot, the gear shift lever can be transferred to the M (manual) position of the right slot (manual function). The right slot consists of the following positions (in order): + M -. When the gear shift lever is in the right slot, the driver can select a higher gear (+) or lower gear (-) by tapping the shift lever. The shift lever always returns to the "M" position after being tapped.

There are two gear position displays, one on the middle console and the other on the instrument panel. The middle console display, which is not illuminated, shows each of the 10 positions where the shift lever may be placed. It also shows the position which is selected. The display on the instrument panel, which is illuminated, has two columns which correspond to the slots on the middle console. However, while the left column (corresponding to the left slot or automatic function) shows the positions P R N D 3 2 1, the right column (corresponding to the right slot or manual function) shows the positions 4 3 2 1. In other words, the right column portion of the display shows the available gears and the actual gear selected rather than + M -. For both columns, the selected position or gear is indicated by an illuminated arrow.

In your letter to NHTSA, you indicate that Porsche is considering the following three options for modifying its system:

Option 1. The first proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot.

Option 2a. The second proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot and the + and - positions on the right (manual) slot. Gear selection in the manual mode would be accomplished not by the shift lever but by shift rocker switches on the steering wheel.

Option 2b) The third proposed modification would provide only one slot with the following positions (in order): P R N D M D. In the M position, gear selection would be accomplished by shift rocker switches on the steering wheel.

For each of the proposed modifications, the shift lever positions would be labeled on the middle console, in the same manner as the current system. Similarly, the middle console would not be illuminated. The instrument panel display would not change for any of the options.

You ask a number of questions concerning whether the Tiptronic system, as modified under options 1, 2a and 2b, would comply with Standards No. 101 and 102. The issues raised by your letter are addressed below.

I will begin by identifying the requirements of Standards No. 101 and No. 102 which are relevant to your questions. Section S3.1.4.1 of Standard No. 102 states:

Except as specified in S3.1.4.3, if the transmission shift lever sequence includes a park position, identification of shift lever positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver whenever any of the following conditions exist:

(a) The ignition is in a position where the transmission can be shifted.

(b) The transmission is not in park.

S3.1.4.4 states:

Effective September 23, 1991, all of the information required to be displayed by S3.1.4.1 or S3.1.4.2 shall be displayed in view of the driver in a single location. At the option of the manufacturer, redundant displays providing some or all of the information may be provided.

Standard No. 101 specifies requirements for the location, identification and illumination of automatic gear position indicators. Section S5.1 requires that gear position display must be visible to the driver under the conditions of S6. Section S5.3.1 and Table 2 of the standard together require that automatic gear position displays be illuminated whenever the ignition switch and/or the headlamps are activated. The entry in Table 2 concerning the automatic gear position display references Standard No. 102. In a April 2, 1989 letter to Porsche concerning the Tiptronic system, we concluded that, given the reference in Standard No. 101 to Standard No. 102, where multiple gear position displays are provided and one complies with Standard No. 102 and the others do not, the requirements of Standard No. 101 must be met for the display which complies with Standard No. 102.

With this background in mind, I will discuss the existing Tiptronic system and the three possible modifications. For the reasons discussed above and in our April 2, 1989 letter, while multiple gear position displays are permitted, one such display must comply with all of the relevant requirements of Standards No. 101 and No. 102. Since your console display is not illuminated, it would obviously not comply with Standard No. 101. I will therefore address your letter in the context of whether the instrument panel display meets the requirements of the two standards. I assume that the instrument panel is activated during the times specified by Standard No. 102.

Under section S3.1.4.1 of Standard No. 102, there must be a display of all of the shift lever positions in relation to each other, and there must be an indication of the position that the driver has selected. In our April 2, 1989 letter, we stated that your design has the following ten shift lever positions: P R N D 3 2 1 + M -. We noted that the right column of the alternative instrument panel displays identified in your letter showed either 4 3 2 1 or 4 3 M 2 1 instead of + M -. We concluded that if the instrument panel display was to be used to meet the requirements of Standard No. 102, it would be necessary for the display to show the 10 actual shift lever positions, including + M -.

Porsche evidently did not follow the opinion provided in that letter, since Porsche neither provided illumination for the console display nor showed the 10 actual shift lever positions, identified in our letter, on the instrument panel display. While we do not understand the reason for this decision by Porsche, we believe that one could reasonably argue that the + and - locations are not really shift lever "positions," since the shift lever cannot be left in those locations. Under this view, + M - could be seen as "one" shift lever position, which is represented on the instrument panel by 4 3 2 1. We would accept this as an alternative way of characterizing the current Tiptronic system, and are therefore not aware of any compliance problems.

I will now turn to the three possible modifications. Once again, since the non-illuminated console display would not meet the requirements of Standard No. 101, the relevant question is whether the instrument panel display meets the relevant requirements of Standards No. 101 and No. 102. A common problem for all three options would be that the instrument panel display retained from the original Tiptronic system would not correspond to the shift lever positions of the modified designs. This could be corrected for options 1 and 2a simply by deleting the 3 2 1 portion of the left column. A more complicated correction would be needed for option 2a, since the display would need to show the following positions in relation to each other: P R N D M D.

I have several other comments on your letter. You stated that for all three options, Porsche believes that it is not necessary to have the shift lever positions 3, 2 and 1, or to necessarily display those positions if selected automatically in the D position, as long as they as displayed when selected manually by use of the shift lever (in option 1) or shift rocker switch(es) (in options 2a and 2b). Porsche is correct that it is unnecessary to provide shift lever positions 3, 2 and 1. Moreover, to the extent that such shift lever positions are not provided but the gears are instead selected automatically in the D position or manually in the M position by tapping the shift lever or shift rocker switch, it is unnecessary to display the gears.

You also stated the following:

Porsche believes that under options 2a and 2b, both the shift lever and the shift rocker switch(es) would be considered as "shift levers" during the period when they are capable of changing the transmission position. The "shift lever position" would then be defined as the transmission position, or mode of operation, that was selected by manipulation of any combination of "shift levers." It follows then that identification of "shift lever position" would entail identifying the distinct transmission operating modes, in relation to each other and the specific mode selected. . . .

For options 2a and 2b, Porsche believes it is not necessary to illuminate the shift rocker switches, just as it is not necessary to illuminate the shift lever, under the provisions of FMVSS 101, as long as the display in the speedometer showing transmission position is illuminated.

We would not view the shift rocker switch(es) as shift levers under any circumstances. Instead, for the vehicle designs at issue, the lever provided on the middle console would be the only shift lever. When the shift lever is in the "M" position, the shift rocker switch(es) simply permit manual shifting that is akin to the automatic shifting that occurs when the shift lever is in the "D" position. The rocker switch(es) could not be used to shift the transmission to P, R or N. Under these circumstances, we view the rocker switch(es) as a control which is auxiliary to the shift lever and unregulated by Standard No. 102. I note that we might take a different position if the rocker switch(es) permitted the transmission to be shifted to P, R or N, since Standard No. 102 includes requirements to prevent shifting errors. I also note that Standard No. 101 does not require transmission shift levers or controls which are auxiliary to shift levers to be illuminated.

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

Sincerely,

John Womack Acting Chief Counsel

ref:101#102 d:5/17/94

ID: nht94-2.93

TYPE: INTERPRETATION-NHTSA

DATE: May 17, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Michael Love -- Manager, Compliance Porsche Cars North America, Inc.

TITLE: None

ATTACHMT: Attached To Letter Dated 1/21/93 From Michael Love To Paul Jackson Rice (OCC-8259)

TEXT: Dear Mr. Love:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standards (FMVSS) No. 101; Controls and displays and No. 102; Transmission shift lever sequence, starter interlock, and transmission braking effect. I apologize for the d elay in our response. You asked about the standards in connection with three options your company is considering for changing its "Tiptronic" automatic transmission system.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure th at its vehicles meet applicable requirements. The following represents our opinion based on the facts provided in your letter.

The current Tiptronic automatic transmission system can be described as follows:

The shift lever is located in the middle console, where it can be moved along either of two slots which are located essentially parallel to the longitudinal axis of the vehicle. The left slot (automatic function) is essentially the same as a conventiona l automatic transmission gear shift lever, with the following positions (in order): P R N D 3 2 1. At the D position (only) of the left slot, the gear shift lever can be transferred to the M (manual) position of the right slot (manual function). The ri ght slot consists of the following positions (in order): + M -. When the gear shift lever is in the right slot, the driver can select a higher gear (+) or lower gear (-) by tapping the shift lever. The shift lever always returns to the "M" position aft er being tapped.

2

There are two gear position displays, one on the middle console and the other on the instrument panel. The middle console display, which is not illuminated, shows each of the 10 positions where the shift lever may be placed. It also shows the position which is selected. The display on the instrument panel, which is illuminated, has two columns which correspond to the slots on the middle console. However, while the left column (corresponding to the left slot or automatic function) shows the positions P R N D 3 2 1, the right column (corresponding to the right slot or manual function) shows the positions 4 3 2 1. In other words, the right column portion of the display shows the available gears and the actual gear selected rather than + M -. For bot h columns, the selected position or gear is indicated by an illuminated arrow.

In your letter to NHTSA, you indicate that Porsche is considering the following three options for modifying its system:

Option 1. The first proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot.

Option 2a. The second proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot and the + and - positions on the right (manual) slot. Gear selection in the manual mode would be accomplished not by the shift lever but by shift rocker switches on the steering wheel.

Option 2b) The third proposed modification would provide only one slot with the following positions (in order): P R N D M D. In the M position, gear selection would be accomplished by shift rocker switches on the steering wheel.

For each of the proposed modifications, the shift lever positions would be labeled on the middle console, in the same manner as the current system. Similarly, the middle console would not be illuminated. The instrument panel display would not change for any of the options.

You ask a number of questions concerning whether the Tiptronic system, as modified under options 1, 2a and 2b, would comply with Standards No. 101 and 102. The issues raised by your letter are addressed below.

I will begin by identifying the requirements of Standards No. 101 and No. 102 which are relevant to your questions. Section S3.1.4.1 of Standard No. 102 states:

Except as specified in S3.1.4.3, if the transmission shift lever sequence includes a park position,

3

identification of shift lever positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver whenever any of the following conditions exist:

(a) The ignition is in a position where the transmission can be shifted.

(b) The transmission is not in park.

S3.1.4.4 states:

Effective September 23, 1991, all of the information required to be displayed by S3.1.4.1 or S3.1.4.2 shall be displayed in view of the driver in a single location. At the option of the manufacturer, redundant displays providing some or all of the infor mation may be provided.

Standard No. 101 specifies requirements for the location, identification and illumination of automatic gear position indicators. Section S5.1 requires that gear position display must be visible to the driver under the conditions of S6. Section S5.3.1 an d Table 2 of the standard together require that automatic gear position displays be illuminated whenever the ignition switch and/or the headlamps are activated. The entry in Table 2 concerning the automatic gear position display references Standard No. 102. In a April 2, 1989 letter to Porsche concerning the Tiptronic system, we concluded that, given the reference in Standard No. 101 to Standard No. 102, where multiple gear position displays are provided and one complies with Standard No. 102 and the others do not, the requirements of Standard No. 101 must be met for the display which complies with Standard No. 102.

With this background in mind, I will discuss the existing Tiptronic system and the three possible modifications. For the reasons discussed above and in our April 2, 1989 letter, while multiple gear position displays are permitted, one such display must comply with all of the relevant requirements of Standards No. 101 and No. 102. Since your console display is not illuminated, it would obviously not comply with Standard No. 101. I will therefore address your letter in the context of whether the instru ment panel display meets the requirements of the two standards. I assume that the instrument panel is activated during the times specified by Standard No. 102.

Under section S3.1.4.1 of Standard No. 102, there must be a display of all of the shift lever positions in relation to each other, and there must be an indication of the position that the driver has selected. In our April 2, 1989 letter, we stated that your design has the following ten shift lever

4

positions: P R N D 3 2 1 + M -. We noted that the right column of the alternative instrument panel displays identified in your letter showed either 4 3 2 1 or 4 3 M 2 1 instead of + M -. We concluded that if the instrument panel display was to be used to meet the requirements of Standard No. 102, it would be necessary for the display to show the 10 actual shift lever positions, including + M -.

Porsche evidently did not follow the opinion provided in that letter, since Porsche neither provided illumination for the console display nor showed the 10 actual shift lever positions, identified in our letter, on the instrument panel display. While we do not understand the reason for this decision by Porsche, we believe that one could reasonably argue that the + and - locations are not really shift lever "positions," since the shift lever cannot be left in those locations. Under this view, + M - cou ld be seen as "one" shift lever position, which is represented on the instrument panel by 4 3 2 1. We would accept this as an alternative way of characterizing the current Tiptronic system, and are therefore not aware of any compliance problems.

I will now turn to the three possible modifications. Once again, since the non-illuminated console display would not meet the requirements of Standard No. 101, the relevant question is whether the instrument panel display meets the relevant requirements of Standards No. 101 and No. 102. A common problem for all three options would be that the instrument panel display retained from the original Tiptronic system would not correspond to the shift lever positions of the modified designs. This could be co rrected for options 1 and 2a simply by deleting the 3 2 1 portion of the left column. A more complicated correction would be needed for option 2a, since the display would need to show the following positions in relation to each other: P R N D M D.

I have several other comments on your letter. You stated that for all three options, Porsche believes that it is not necessary to have the shift lever positions 3, 2 and 1, or to necessarily display those positions if selected automatically in the D pos ition, as long as they as displayed when selected manually by use of the shift lever (in option 1) or shift rocker switch(es) (in options 2a and 2b). Porsche is correct that it is unnecessary to provide shift lever positions 3, 2 and 1. Moreover, to th e extent that such shift lever positions are not provided but the gears are instead selected automatically in the D position or manually in the M position by tapping the shift lever or shift rocker switch, it is unnecessary to display the gears.

You also stated the following:

5

Porsche believes that under options 2a and 2b, both the shift lever and the shift rocker switch(es) would be considered as "shift levers" during the period when they are capable of changing the transmission position. The "shift lever position" would the n be defined as the transmission position, or mode of operation, that was selected by manipulation of any combination of "shift levers." It follows then that identification of "shift lever position" would entail identifying the distinct transmission oper ating modes, in relation to each other and the specific mode selected. . . .

For options 2a and 2b, Porsche believes it is not necessary to illuminate the shift rocker switches, just as it is not necessary to illuminate the shift lever, under the provisions of FMVSS 101, as long as the display in the speedometer showing transmiss ion position is illuminated.

We would not view the shift rocker switch(es) as shift levers under any circumstances. Instead, for the vehicle designs at issue, the lever provided on the middle console would be the only shift lever. When the shift lever is in the "M" position, the s hift rocker switch(es) simply permit manual shifting that is akin to the automatic shifting that occurs when the shift lever is in the "D" position. The rocker switch(es) could not be used to shift the transmission to P, R or N. Under these circumstanc es, we view the rocker switch(es) as a control which is auxiliary to the shift lever and unregulated by Standard No. 102. I note that we might take a different position if the rocker switch(es) permitted the transmission to be shifted to P, R or N, sinc e Standard No. 102 includes requirements to prevent shifting errors. I also note that Standard No. 101 does not require transmission shift levers or controls which are auxiliary to shift levers to be illuminated.

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

Sincerely,

ID: nht94-5.25

DATE: May 17, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Michael Love -- Manager, Compliance Porsche Cars North America, Inc.

TITLE: None

ATTACHMT: Attached To Letter Dated 1/21/93 From Michael Love To Paul Jackson Rice (OCC-8259)

TEXT: Dear Mr. Love:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standards (FMVSS) No. 101; Controls and displays and No. 102; Transmission shift lever sequence, starter interlock, and transmission braking effect. I apologize for the delay in our response. You asked about the standards in connection with three options your company is considering for changing its "Tiptronic" automatic transmission system.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles meet applicable requirements. The following represents our opinion based on the facts provided in your letter.

The current Tiptronic automatic transmission system can be described as follows:

The shift lever is located in the middle console, where it can be moved along either of two slots which are located essentially parallel to the longitudinal axis of the vehicle. The left slot (automatic function) is essentially the same as a conventional automatic transmission gear shift lever, with the following positions (in order): P R N D 3 2 1. At the D position (only) of the left slot, the gear shift lever can be transferred to the M (manual) position of the right slot (manual function). The right slot consists of the following positions (in order): + M -. When the gear shift lever is in the right slot, the driver can select a higher gear (+) or lower gear (-) by tapping the shift lever. The shift lever always returns to the "M" position after being tapped.

2

There are two gear position displays, one on the middle console and the other on the instrument panel. The middle console display, which is not illuminated, shows each of the 10 positions where the shift lever may be placed. It also shows the position which is selected. The display on the instrument panel, which is illuminated, has two columns which correspond to the slots on the middle console. However, while the left column (corresponding to the left slot or automatic function) shows the positions P R N D 3 2 1, the right column (corresponding to the right slot or manual function) shows the positions 4 3 2 1. In other words, the right column portion of the display shows the available gears and the actual gear selected rather than + M -. For both columns, the selected position or gear is indicated by an illuminated arrow.

In your letter to NHTSA, you indicate that Porsche is considering the following three options for modifying its system:

Option 1. The first proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot.

Option 2a. The second proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot and the + and - positions on the right (manual) slot. Gear selection in the manual mode would be accomplished not by the shift lever but by shift rocker switches on the steering wheel.

Option 2b) The third proposed modification would provide only one slot with the following positions (in order): P R N D M D. In the M position, gear selection would be accomplished by shift rocker switches on the steering wheel.

For each of the proposed modifications, the shift lever positions would be labeled on the middle console, in the same manner as the current system. Similarly, the middle console would not be illuminated. The instrument panel display would not change for any of the options.

You ask a number of questions concerning whether the Tiptronic system, as modified under options 1, 2a and 2b, would comply with Standards No. 101 and 102. The issues raised by your letter are addressed below.

I will begin by identifying the requirements of Standards No. 101 and No. 102 which are relevant to your questions. Section S3.1.4.1 of Standard No. 102 states:

Except as specified in S3.1.4.3, if the transmission shift lever sequence includes a park position,

3

identification of shift lever positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver whenever any of the following conditions exist:

(a) The ignition is in a position where the transmission can be shifted.

(b) The transmission is not in park.

S3.1.4.4 states:

Effective September 23, 1991, all of the information required to be displayed by S3.1.4.1 or S3.1.4.2 shall be displayed in view of the driver in a single location. At the option of the manufacturer, redundant displays providing some or all of the information may be provided.

Standard No. 101 specifies requirements for the location, identification and illumination of automatic gear position indicators. Section S5.1 requires that gear position display must be visible to the driver under the conditions of S6. Section S5.3.1 and Table 2 of the standard together require that automatic gear position displays be illuminated whenever the ignition switch and/or the headlamps are activated. The entry in Table 2 concerning the automatic gear position display references Standard No. 102. In a April 2, 1989 letter to Porsche concerning the Tiptronic system, we concluded that, given the reference in Standard No. 101 to Standard No. 102, where multiple gear position displays are provided and one complies with Standard No. 102 and the others do not, the requirements of Standard No. 101 must be met for the display which complies with Standard No. 102.

With this background in mind, I will discuss the existing Tiptronic system and the three possible modifications. For the reasons discussed above and in our April 2, 1989 letter, while multiple gear position displays are permitted, one such display must comply with all of the relevant requirements of Standards No. 101 and No. 102. Since your console display is not illuminated, it would obviously not comply with Standard No. 101. I will therefore address your letter in the context of whether the instrument panel display meets the requirements of the two standards. I assume that the instrument panel is activated during the times specified by Standard No. 102.

Under section S3.1.4.1 of Standard No. 102, there must be a display of all of the shift lever positions in relation to each other, and there must be an indication of the position that the driver has selected. In our April 2, 1989 letter, we stated that your design has the following ten shift lever

4

positions: P R N D 3 2 1 + M -. We noted that the right column of the alternative instrument panel displays identified in your letter showed either 4 3 2 1 or 4 3 M 2 1 instead of + M -. We concluded that if the instrument panel display was to be used to meet the requirements of Standard No. 102, it would be necessary for the display to show the 10 actual shift lever positions, including + M -.

Porsche evidently did not follow the opinion provided in that letter, since Porsche neither provided illumination for the console display nor showed the 10 actual shift lever positions, identified in our letter, on the instrument panel display. While we do not understand the reason for this decision by Porsche, we believe that one could reasonably argue that the + and - locations are not really shift lever "positions," since the shift lever cannot be left in those locations. Under this view, + M - could be seen as "one" shift lever position, which is represented on the instrument panel by 4 3 2 1. We would accept this as an alternative way of characterizing the current Tiptronic system, and are therefore not aware of any compliance problems.

I will now turn to the three possible modifications. Once again, since the non-illuminated console display would not meet the requirements of Standard No. 101, the relevant question is whether the instrument panel display meets the relevant requirements of Standards No. 101 and No. 102. A common problem for all three options would be that the instrument panel display retained from the original Tiptronic system would not correspond to the shift lever positions of the modified designs. This could be corrected for options 1 and 2a simply by deleting the 3 2 1 portion of the left column. A more complicated correction would be needed for option 2a, since the display would need to show the following positions in relation to each other: P R N D M D.

I have several other comments on your letter. You stated that for all three options, Porsche believes that it is not necessary to have the shift lever positions 3, 2 and 1, or to necessarily display those positions if selected automatically in the D position, as long as they as displayed when selected manually by use of the shift lever (in option 1) or shift rocker switch(es) (in options 2a and 2b). Porsche is correct that it is unnecessary to provide shift lever positions 3, 2 and 1. Moreover, to the extent that such shift lever positions are not provided but the gears are instead selected automatically in the D position or manually in the M position by tapping the shift lever or shift rocker switch, it is unnecessary to display the gears.

You also stated the following:

5

Porsche believes that under options 2a and 2b, both the shift lever and the shift rocker switch(es) would be considered as "shift levers" during the period when they are capable of changing the transmission position. The "shift lever position" would then be defined as the transmission position, or mode of operation, that was selected by manipulation of any combination of "shift levers." It follows then that identification of "shift lever position" would entail identifying the distinct transmission operating modes, in relation to each other and the specific mode selected. . . .

For options 2a and 2b, Porsche believes it is not necessary to illuminate the shift rocker switches, just as it is not necessary to illuminate the shift lever, under the provisions of FMVSS 101, as long as the display in the speedometer showing transmission position is illuminated.

We would not view the shift rocker switch(es) as shift levers under any circumstances. Instead, for the vehicle designs at issue, the lever provided on the middle console would be the only shift lever. When the shift lever is in the "M" position, the shift rocker switch(es) simply permit manual shifting that is akin to the automatic shifting that occurs when the shift lever is in the "D" position. The rocker switch(es) could not be used to shift the transmission to P, R or N. Under these circumstances, we view the rocker switch(es) as a control which is auxiliary to the shift lever and unregulated by Standard No. 102. I note that we might take a different position if the rocker switch(es) permitted the transmission to be shifted to P, R or N, since Standard No. 102 includes requirements to prevent shifting errors. I also note that Standard No. 101 does not require transmission shift levers or controls which are auxiliary to shift levers to be illuminated.

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

Sincerely,

ID: nht88-1.98

TYPE: INTERPRETATION-NHTSA

DATE: 04/18/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Wayne Apple

TITLE: FMVSS INTERPRETATION

ATTACHMT: 6/19/89 letter from Stephen P. Wood to Rod Willaredt (A33; Std. 108); 5/17/89 letter from Rod Willaredt to Taylor Vinson; 2/19/88 letter from Erika Z. Jones to Charles Wilson; 7/11/88 letter from Erika Z. Jones to Willaim J. Stephenson

TEXT:

Mr. Wayne Apple 14738 Bronson Avenue San Jose, CA 95124

Dear Mr. Apple:

This is in reply to your letter of December 29. 1987, in which you asked whether a U-Turn Indicator "is reasonable, within federal regulations or specifications, and if the Department of Transportation has interest in the concept and/or product."

Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment contains specifications for original and replacement lighting equipment. None of these specifications is for a U-Turn indicator. However, a U-Turn indicator is acceptable as original vehicle equipment provided it does not impair the effectiveness of the lighting equipment that the standard requires, such as turn signal lamps, headlamps, taillamps, and stop lamps. Your proposed specifications recognize the i mportance of differentiation between the left turn signal and the U-Turn indicator, and we encourage you to minimize the possibility of impairment.

Standard No. 108 does not cover a U-Turn indicator as an aftermarket device, but it is subject to the general restriction that its installation must not render inoperative, in whole or part, any lamp reflective device, or associated equipment that was in stalled pursuant to Standard No. 108. (15 U.S.C. 1397 (a)(2)(A)) The legibility of use of an aftermarket device of this nature would be determinable under the laws of the State in which a vehicle equipped with it is registered or operated. The American A ssociation of Motor Vehicle Administrators, 1201 Connecticut Ave. N.W., Washington, D.C. 20036 may be able to advise you further on State laws.

Accident data available to the agency does not permit us to identify specific crashes in which a vehicle is making a U-Turn. However, an analysis of data from one of our files that contains information on almost 3 million crashes indicates that the gener al type of crash for which U-Turn crashes are a subset (left-turning crashes) constitutes less than 6% of the total crash experience. Thus, we believe that the number of U-Turn crashes is substantially less than 6% represented by the broader category of crashes involving left-turning vehicles.

We do not know the basis for your statement that your U-turn indicator "will probably reduce accidents involving U-turns by over thirty percent". However, the agency is interested in exploring concepts that could enhance vehicle safety. I am providing ou r Office of Research and Development with a copy of your letter for such further comment as may be warranted.

We appreciate your interest in safety.

Sincerely,

Erika Z. Jones Chief Counsel

CC: Michael Finkelstein

December 29, 1987

Erika Jones, Chief Counsel Legal Office, Room 5219 D.O.T. Headquarters 400 7th Street Southwest Washington D.C. 20590

Dear Erika,

I have been instructed by the Office of Vehicle Compliance to write you concerning a new Safety feature I have designed. I am interested in receiving feedback as to whether my idea is reasonable, within federal regulations or specifications, and if the D epartment of Transportation has interest in the concept and/or product.

The reason I have designed this Safety feature, which is called an Automobile U-turn Directional Indicator was to reduce the number of automobile accidents in which U turns are involved. My sister and several acquaintances, have suffered serious injuries , primarily due to the lack of communication between drivers, simply because they do not have a tool by which to communicate.

The solution is simple and at a very low cost, yet it could save the lives of many.

Please review the attached documentation, and feel free to write or call me if you have any questions or require additional information. Thank you for your time and effort.

Sincerely,

Wayne Apple 14738 Bronson Ave. San Jose, CA 95124 (408) 377-0174 Home (408) 986-2526 Work

AUTOMOBILE U-TURN DIRECTIONAL INDICATOR SAFETY FIRST

Far too many accidents involve U-turns, and most likely they are of a serious nature. The ability to make a U-turn is much too convenient to try to strip away from the American public. A better and simple means of communicating the intention of making a U-turn is in order; and I have the solution. Implementing this simple tool will probably reduce accidents involving U-turns by over thirty percent.

STATEMENT OF PROBLEM

Situation A: You are in you automobile waiting in the left turn lane with or without a signal light. There is an automobile in front of you, and one behind you, waiting as well. When it is time to turn, the car ahead of you starts accelerating through th e turn. You accelerate as well, and so does the car behind you. Suddenly, midway through the turn, the car in front of you whips into a sharp U-turn, without any means of warning. If you are not quick to react, you clip the rear end of the car as it make s it U-turn, sending it into a spin, hopefully avoiding any serious injuries. If you were quick to react, you end up slamming on your brakes and either slide into the car making the U-turn, or have the car behind you crash into your rear end, slamming yo u into the car making the U-turn. Hopefully, no serious injuries result. Had you known the driver was going to make a U-turn all along you would have been prepared for it from the start of the turn. No accident would have resulted.

Situation B: You are driving your automobile down the street and approach an intersection. There is a car with sitting in the oncoming traffic left hand turn lane. They have activated their left hand turn indicator. There are several cars following behin d your car. The oncoming car in the left hand turn lane believing there is enough time to make the turn, and there probably is. You slow down, so do the cars behind you, to allow for the turning car to pass through the intersection. Suddenly the car whip s into a U-turn. There is not enough time to react. Your car crashes into the U-turn car. One or two of the cars behind you crash into your car's rear end. Hopefully no serious injuries result, but they usually do in such circumstances. Had you known the car was planning to make a U-turn initially, you would have applied the brakes harder when the driver first began the turn, and hopefully avoided any accident at all situation C: You are waiting at a four way intersection in your automobile to make a ri ght hand turn. There is a car waiting in the cross traffic left hand turn lane, ahead and to your right, with the left turn indicator blinking brightly. Right hand turns are legal in your state on red lights. There is a break in traffic. You begin to tur n to the right and into the lane. The car in the left hand turn lane begins to turn down the road you had just traveled on. Suddenly, the driver of the car turning left, who was paying more attention to the oncoming traffic, whips the steering wheel hard to make a sharp U-turn, which is legal at this intersection. The two cars collide, crushing the front ends of both automobiles. You would not have made the turn to the right had you suspected the driver of the other car would be making a U-turn.

PRODUCT SOLUTION

The need stated in the problem situations above is a means to notify other drivers when you are planning to make a U-turn, and be able to discern it from a left hand turn signal; thus, I have designed a product with the means to satisfy this need.

The product is an Automobile U-turn Directional Indicator (U-turn Blinker), which is to be mounted on the front and rear driver's side of the car next to the left hand turn indicator. They are to be activated by a four position turn indicator switch, tha t utilizes the fourth down position to activate the U-turn signal. It is recommended that there be additional resistance in moving from the third position (left turn) to the fourth position (U-turn) to alleviate mistakes, as well as a U-turn dash light.

PRODUCT SPECIFICATIONS

* Four position indicator switch. Fourth position down is U-turn. Resistance between third and fourth position.

* The rear U-turn directional indicator light assembly is mounted near the rear left hand turn indicator. The arrow should start at the lower right portion of the light housing, head straight to the top, curve to the left, then point straight downward, a s if the driver trailing the car were looking at a posted U-turn sign.

* The front U-turn directional indicator light assembly is mounted near the front left hand turn indicator. The arrow should start at the upper left hand portion of the light housing, head straight down, bend to the right then head straight up.

PRODUCT SPECIFICATIONS Cont...

* The black area contained within the U-turn light housing assembly which blacks out the portion of the light assembly to outline the arrow, should be painted on, or preferably, be made of black rubber and glued onto the reflector plastic.

* The reflector portion of the U-turn light housing assembly should be a different color than the left hand turn indicator, to better differentiate the two. A cross between yellow and lime green would be noticeable.

* The size and shape of the U-turn directional housing is up to the discretion of the manufacturer, with a minimum of three square inches.

* The intensity of the U-turn indicator light should be equal to, or brighter than, the left hand turn indicator. The color and arrow shape will assist in the differentiation.

* Matching reflector plates can be used on the right side of the car for cosmetics and balance.

* A U-turn dash light indicator should be located near the dash turn indicator light, preferably the same color as the reflector plate.

SUMMARY

Communications between automobile drivers needs to improve. Clearly notifying other driver's your intentions can reduce the number of accidents by over fifty percent. Having the tools to better communicate to other drivers is a necessity. The U-turn dire ctional indicator is one of those tools to making America's roads a safer place.

ID: nht89-1.63

TYPE: INTERPRETATION-NHTSA

DATE: 04/03/89

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: KARL H. MAYER -- RULES AND REGULATIONS, DR. ING.H.C.F.PORSCHE AG STUTTGART

TITLE: NONE

ATTACHMT: CONFIDENTIAL LETTER DATED 06/28/88 FROM KARL H. MAYER TO ERIKA Z. JONES, REQUEST FOR INTERPRETATION -- CLARIFICATION FMVSS 101 AND FMVSS 102; LETTER DATED 06/28/88 FROM KARL H. MAYER TO ERIKA Z. JONES -- NHTSA, REQUEST FOR CONFIDENTIAL TREATMEN T; LETTER DATED 08/15/88 FROM DEAN HANSELL TO KATHLEEN DEMETER -- NHTSA, RE PORTCHE'S JUNE 28 REQUEST FOR REGULATORY INTERPRETATION FMVSS 101 AND 102

TEXT: Dear Mr. Mayer:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standards No. 101, Controls and Displays, and No. 102, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect. You asked about the standar ds in connection with a new transmission and related gear shift mechanism that you are considering producing. I note that your accompanying request for confidentiality was withdrawn by an August 15, 1988 letter signed by your attorney, effective Septemb er 30, 1988.

You stated that the new transmission is characterized by two functions, a manual gear shift and an automatic gear shift, combined in a single unit. A motor vehicle incorporating the transmission does not have a clutch pedal. Operation of the transmissi on is entirely dependent on the position selected for the gear shift lever. The shift lever is located in the middle console, where it can be moved along either of two slots which are located essentially parallel to the longitudinal axis of the vehicle. The left slot (automatic function) is essentially the same as a conventional automatic transmission gear shift lever, with the following positions (in order): P R N D 3 2 1. At the D position (only) of the left slot, the gear shift can be transferred to the M (manual) position of the right slot (manual function). The right slot consists of the following positions (in order): + M -. When the gear shift lever is in the right slot, the driver can select a higher gear (+) or lower gear (-) by tapping t he shift lever. The shift lever always returns to the "M" position after being tapped. You plan to provide two shift displays, one on the middle console and the other on the instrument panel.

You stated that you believe that a dual function transmission of the type described in your letter is permitted if it meets the various requirements of Standards No. 101 and 102 and asked whether we agree with

your interpretation. You also asked three questions related to certain aspects of the transmission and related gear shift lever and shift displays. Your questions are responded to below.

By way of background information, as noted in your letter, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles meet applicable requirements. The following represents our opinion based on the facts provided in your letter.

I agree with your basic contention that a dual function transmission of the type described in your letter is permitted if it, and the accompanying gear shift lever and shift displays, meet the various requirements of Standards No. 101 and 102. The perfo rmance requirements specified in the two standards do not prohibit dual function transmissions.

I have one primary comment concerning how you should evaluate Standards No. 101 and 102 with respect to the compliance of a vehicle equipped with the transmission. In some instances, these standards specify different requirements depending on whether a vehicle is equipped with a manual transmission or an automatic transmission. Thus, a critical issue is which of these requirements would need to be met by a vehicle equipped with your planned transmission. While you characterize the transmission as havi ng two functions, a manual gear shift and an automatic gear shift, combined in a single unit, it is our opinion that the transmission is an automatic transmission for purposes of Federal motor vehicle safety standards. It is possible, of course, to manu ally control most conventional automatic transmission, at least to some extent, by means of the gear shift lever, e.g., by shifting the lever from D to L. Your transmission would differ from a conventional automatic transmission primarily in having an a dditional means of manual control. However, the transmission would still be an automatic transmission. Vehicles equipped with the transmission would thus need to meet the requirements specified by Standards No. 101 and 102 for vehicles equipped with an automatic transmission, and not the requirements specified for vehicles equipped with a manual transmission.

I will not address your three specific questions. You stated that it appears to you that when the shift lever is in the manual slot, it is permissible to have the lever, after tapping to shift up or down, return to the original middle position, and aske d for our interpretation on this point. We agree that this basic design is permitted under Standards No. 101 and No. 102.

Your second and third questions, which I will address together, concern the shift displays. You stated that you believe that it is permissible for both of the dual shift pattern displays, i.e., the one on the middle console and the one on the instrument al panel, to be constantly visible so that the driver can simultaneously see the currently used shift mode and also the alternative, and asked for our evaluation of the point. You

also asked about he permissibility of two alternative instrument panel displays.

I will begin my discussion of these questions by identifying the relevant requirements of Standards No. 101 and 102. Section S3.2 of Standard No. 102 states that the "(i)dentification of shift lever positions of automatic transmissions . . . shall be pe rmanently displayed in view of the driver." NHTSA has previously interpreted "position" to mean the shift lever positions in relation to each other and the position that the driver has selected at the time of selection. Therefore, the display of a gear lever sequence and a gear position indicator is required for automobiles equipped with automatic transmissions. NHTSA has previously interpreted the requirement for permanent display as requiring a display that can be seen regardless of the operating mo de of the engine. Thus, it is not permissible for the required display to be visible (e.g., in the case of an electronic display, be activated) only when the key is in the ignition switch. (I note that on August 25, 1988, NHTSA published a notice of pr oposed rulemaking to amend the requirement for permanent display. A copy is enclosed.)

Standard No. 101 specifies requirements for the location, identification and illumination of automatic gear position displays. Section S5.1 requires that gear position displays must be visible to the driver under the conditions of S6. Section S6 provide s that the driver is restrained by the crash protection equipment installed in accordance with Standard No. 208, Occupant Crash Protection, adjusted in accordance with the manufacturer's instructions. Section S5.3.1 and Table 2 of the standard together r equire that automatic gear position displays be illuminated whenever the ignition switch and/or the headlamps are activated. The entry in Table 2 concerning the automatic gear position display references Standard No. 102.

Your design includes the following ten shift lever positions: P R N D 3 1 2 + M -. Under section S3.2 of Standard No. 102, all of these positions must be permanently displayed, i.e., there must be a display of the 10 positions in relation to each other and there must be an indication of the position that the driver has selected. As indicated above, Standard No. 101 specifies requirements for the location, identification and illumination of automatic gear position displays.

The fact that your design would include more than one gear position display raises several issues, including (1) whether more than one display is permitted, (2) whether each display (where multiple displays are provided) must meet all of the requirements specified by Standards No. 101 and No. 102, and (3) whether multiple displays can be used to meet the requirements of the standards for gear position displays where no single display meet the requirements. It is our opinion that more than one display i s permitted. It is also our opinion that if one display meets all of the requirements of Standards No. 101 and No. 102, the additional display(s) provided voluntarily by the manufacturer need not meet any particular requirements (except for section S5.3 .5. of Standard No. 101, which specifies requirements for sources of

illumination not otherwise regulated by that standard). We have not previously found it necessary to address the issue of whether multiple displays can be used to meed the requirements of the standards for gear position displays where no single display meets the requirements. However, one commenter on the August 25, 1988 notice cited above asked whether two displays could be used together to demonstrate compliance with section S3.2 of Standard No. 102. We plan to address that specific issue in the co ntext of that rulemaking.

While is is not entirely clear from you letter, the display on the middle console may provide permanent display (including items when the ignition is not on) of the shift lever positions, i.e., a display of the 10 positions in relation to each other and an indication of the position selected by the driver. It appears, however, that illumination is not provided for this display. Given the reference in Standard No. 101 to Standard No. 102, it is our opinion that where multiple gear position displays are provided and one complies with Standard No. 102 and others do not, the requirements of Standard No. 101 must be met for the display which complies with Standard No. 102.

If the display on the console fully met the requirements of Standards No. 101 and No. 102, it would be unnecessary for the additional display on the instrument panel to also meet the standards (with the exception of section S5.3.5 of the Standard No. 101 , as noted above). I note that either of the alternative instrument panel displays shown in your letter show all of the shift lever positions. While the displays do show P R N D 3 2 1, they show either 4 3 2 1 or 4 3 M 2 1 instead of + M -. If the ins trument panel display, rather than the console display, was to be used to meet the requirements of section S3.2 of Standard No. 101, it would be necessary for the display to show the 10 actual shift lever positions, including + M -. I also assume that t he instrument panel display is not activated when the ignition is not on and thus does not provide a permanent display.

I would like to note that the discussion in the preceding paragraph should not be read as a suggestion that you change the instrument panel display to show + M - instead of 4 3 2 1 or 4 3 M 2 1. One consequence of your design is that, in the manual mode , the driver would not know what gear the car was in from either observing the location of the gear shift lever or by knowing the shift lever position (+ M or -). Your design takes care of this, however, by providing an indication of actual gear positio n on the instrument panel display. Assuming that you can meet the requirements of Standards No. 101 and No. 102 by means of the console display, we believe that it would be a desirable feature of your design to indicate actual gear position on the volun tarily provided instrument panel display.

I hope this information is helpful. If you have any further questions concerning this matter, please contact me.

Sincerely,

ID: nht89-1.90

TYPE: Interpretation-NHTSA

DATE: May 16, 1989

FROM: Billy Mohr -- Commander, Support Section, Motor Carrier Division, Michigan Department of State Police

TO: Donald W. Vierimaa -- Truck Trailer Manufacturers Association

TITLE: None

ATTACHMT: Attached to letter dated 6/1/94 from John Womack to Donald W. Vierimaa (VSA S103(a)), letter dated 8/9/93 from Donald W. Vierimaa to John Womack, and letter dated 5/12/89 from Donald W. Vierimaa to Billy Mohr

TEXT:

I have reviewed the S. 108 DOT interpretations you have provided. The 53 foot trailers have been allowed in Michigan for several years. The Michigan Legislature was specific in its requirements for use of trailers over 50 feet in length. The requirements are those recommended by the University of Michigan, Transportation Research Institute. The National Highway Traffic Safety Administration has not notified the State of Michigan that the requirement of an additional "clearance lamp" as near to the top of the semitrailer as practicable is preempted by Section 103 (d) of the National Traffic and Motor Vehicle Safety Act of 1966. Be advised that the lamp is not a marker lamp as mentioned in 1.7 of the DOT interpretations.

The statute that covers height, length and underride protection is within the Motor Vehicle Code, Act. 300 P.A. 1949 as amended. I cannot provide you with a copy of the Michigan Motor Vehicle Code, as it must be purchased from the Michigan Department of State. However I am including Section 719 as a part of this letter. Section 719 is as follows:

"Sec. 719. (1) Except as provided in subsection (2), a vehicle unloaded or with load shall not exceed a height of 13 feet 6 inches. The owner of a vehicle which collides with a lawfully established bridge or viaduct shall be liable for all damage and injury resulting from a collision caused by the height of the vehicle, whether the clearance of the bridge or viaduct is posted or not.

(2) A truck, truck tractor, semitrailer, or trailer manufactured on or after July 27, 1978, shall not be used to transport flammable liquids, in bulk, having a flash point at or below 70 degrees Fahrenheit, if the truck, truck tractor, semitrailer, or trailer exceeds 11 feet 8-1/2 inches in height. However, safety equipment and those appurtenances which are required by state law, when added to a vehicle, may cause the vehicle height to exceed 11 feet 8-1/2 inches, but shall not cause the vehicle height to exceed 13 feet 6 inches. A person who violates this subsection is guilty of a misdemeanor.

(3) A vehicle, except a truck tractor, trailer, or semitrailer, including load, or articulated buses operated by a local public transit system funded by Act No. 51 of the public Acts of 1951, being Sections 247.651 to 247.674 of the Michigan Compiled Laws, shall not exceed a total length of 40 feet. The total length of a semitrailer operating in a truck tractor and semitrailer combination shall not exceed 53 feet, including load. All

semitrailers longer than 50 feet shall have a wheelbase of 40.5 feet plus or minus 0.5 feet, measured from the kingpin coupling to the center of the rear axles or to the center of the tandem axle assembly if equipped with 2 axles. Articulated buses operated by a local public transit system funded by Act No. 51 of the Public Acts of 1951 may operate with a maximum length of 65 feet. A combination of truck tractor, semitrailer, and trailer, or truck and semitrailer or trailer, or a combination of truck tractor and 2 semitrailers, including load, shall not exceed a total overall length of 59 feet except as provided for on routes designated and approved by the state transportation department and by local authorities with respect to highways under their jurisdiction on which a person may operate a combination of a truck tractor, semitrailer, and trailer or a truck tractor and 2 semitrailers with no limit on the overall combination length, if the length of each semitrailer or trailer including load does not exceed 28-1/2 feet. The state transportation department and local authorities with respect to highways under their jurisdiction may designate highways where the overall length of a truck and trailer or semitrailer shall not exceed 65 feet. A truck tractor and semitrailer combination with a semitrailer length longer than 50 feet shall not be allowed to operate with more than 2 axles on the semitrailer. All truck tractor and semitrailer combinations with a semitrailer length longer than 50 feet shall travel exclusively on highways designated by the appropriate road authority. City, village, or county authorities shall have the option of prohibiting stops within their jurisdictions unless the stop occurs along appropriately designated routes, or is necessary for emergency purposes or to reach shippers, receivers, warehouses, and terminals along designated routes. A trailer or semitrailer in actual and lawful use in this state on December 1, 1982, may be operated in this state for the life of the vehicle in a combination with other vehicles in actual and lawful use in this state on December 1, 1982, if the combination was of legal length under the law of this state immediately preceding January 24, 1984. In calculating the length of a trailer or semitrailer under this subsection, the length shall be based on the cargo carrying portion of the vehicle only, including load. A truck tractor or other motor vehicle shall not haul more than 1 trailer and 1 semitrailer or more than 2 semitrailers in combination at any 1 time, except that a farm tractor may haul 2 wagons or trailers or garbage and refuse haulers may, during daylight hours, haul up to 4 trailers for garbage and refuse collection purposes, not exceeding in any combination a total length of 55 feet at a speed of not to exceed 15 miles per hour. In determining the length of a vehicle or a vehicle combination under this subsection, the length shall not be considered to include safety and energy conservation devices including, but not be limited to, impact absorbing bumpers, rear view mirrors, turn signals lamps, marker lamps, steps and hand holds for entry and egress, flexible fender extensions, mud flaps, or splash and spray suppressant devices; load induced tire bulge; refrigeration or heating units; or air compressors. A device shall be excluded from a determination of length only if it is not designed or used for the carrying of cargo.

(4) If a combination of 2 semitrailers is pulled by a truck or truck tractor, a fifth wheel connecting assembly which conforms with motor carrier safety rules promulgated by the department of state police pursuant to the motor carrier safety act of 1963, Act No. 181 of the Public Acts of 1963, as amended, being sections 480.11 to 480.21 of the

Michigan Compiled Laws, shall be used on each semitrailer.

(5) A train of vehicles or a vehicle operated alone shall not carry a load extending more than 3 feet beyond the front of the train of vehicles or vehicle.

(6) A motor vehicle, trailer, or semitrailer whose frame or body extends more than 36 inches beyond the rear of its rear axle and is more than 30 inches above the roadway shall not be operated on the highways of this state unless equipped with a fender or bumper on the extreme rear of the frame or body. The bumper shall extend downward from the rear of the frame or body to within 30 inches of the roadway and be of substantial construction. In addition to the requirements of subsection (7), no vehicle which is required by federal law to have an underride guard of not more than 22 inches above the roadway shall be operated upon the highways of this state without such an underride guard.

(7) A truck tractor and semitrailer combination with a semitrailer length longer than 50 feet whose frame or body extends more than 36 inches beyond the rear of its rear axle and is more than 30 inches above the roadway shall not be operated on the highways of this state unless equipped with an underride guard on the extreme rear of the frame or body. The underride guard shall meet all of the following requirements:

(a) Provide a continuous horizontal beam having a maximum ground clearance of 22 inches, as measured with the vehicle empty and on level ground.

(b) Extend to within 4 inches of the lateral extremities of the trailer on both left and right sides.

(8) A truck tractor and semitrailer combination with a semitrailer length longer than 50 feet shall not be operated on the highways of this state at the times specified in section 684 unless equipped with all of the following lamps and reflectors, in addition to any other lamps and reflectors required under this act:

(a) Two side marker lamps which display an amber light, 1 on each side of the semitrailer, located at 1/2 the distance from the front to the rear of the semitrailer.

(b) Two reflectors which reflect an amber light, 1 on each side of the semitrailer, located at 1/2 the distance from the front to the rear of the semitrailer.

(c) Two clearance lamps, 1 on each side of the semitrailer, located at 1/2 the distance from the front to the rear and as near to the top of the semitrailer as practicable.

(9) A lamp required under subsection (8) shall be lighted at the times specified in section 684 and shall be visible when lighted at a distance of 500 feet from the side of the semitrailer on which it is mounted. A reflector required under subsection (8) shall be visible at the times specified in section 684 from all distances from 50 to 500 feet from the semitrailer when directly in front of lawful upper beams of headlamps.

(10) Notwithstanding any other provisions of this section, a person may operate a combination of truck tractor, semitrailer, and trailer, or truck tractor and semitrailer or trailer designed and used exclusively to transport assembled motor vehicles or bodies, recreational vehicles, or boats, which does not exceed a total length of 65 feet. The load on the combination of vehicles may extend an additional 3 feet beyond the front and 4 feet beyond the rear of the combination of vehicles. Retractable extensions used to support and secure the load that do not extend beyond the allowable overhang for the front and rear shall not be included in determining the length of a loaded vehicle or combination of vehicles.

(11) A combination of vehicles shall not have more than 11 axles.

(12) Notwithstanding any other provisions of this section, a number of motor vehicles, wholly or partially assembled, may be transported over the highways of this state in combination, utilizing 1 tow bar or 3 saddle mounts with full mount mechanisms and utilizing the motive power of 1 of the vehicles in combination. The combination shall not exceed the maximum length of 65 feet for the transportation of assembled motor vehicles, and the vehicles in the combination shall be adequately and securely fastened together in compliance with regulations of the state and of any federal agency having jurisdiction over the transportation. If motor vehicles are towed by means of triple saddle mounts, the towed vehicles shall have brakes acting on all wheels which are in contact with the roadway. A combination exceeding 55 feet in length may be operated only on highways and routes approved and designated for that operation by the state transportation department and by local authorities with respect to highways under their jurisdiction.

(13) The total gross weight of a truck tractor, semitrailer, and trailer combination or a truck tractor and 2 semitrailers combination which exceeds 59 feet in length shall not exceed a ratio of 400 pounds per engine net horsepower delivered to clutch or its equivalent specified in the SAE handbook published by the society of automotive engineers, inc., (1977).

(14) Except as provided in subsection (2), a person who violates this section is responsible for a civil infraction. The owner of the vehicle may be charged with a violation of this section."

Your diagrams of trailers with pin setting measurements, marker lamps and underride protection is correct. However I want to point out that I cannot visualize a semitrailer such as you have on pages 4 and 5 where there would be less than 36 inches from the rear of the last axle to the rear of the semitrailer. There would be more than 9 feet from the pin to the front of the semitrailer.

If I can be of any further assistance regarding this matter, please contact me at 517/373-4910.