ID: 9861

[ ]

Dear [ ]:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard No. 123, Motorcycle controls and displays. You asked whether footnote 4 of Table 3 of the standard applies to a motorcycle speedometer using a digital display. As explained below, the answer is no.

In your letter, you requested that information identifying your company be kept confidential. As explained in the March 25, 1994 letter to you from Heidi L. Coleman, Acting Assistant Chief Counsel for General Law, when confidential treatment is claimed for material submitted to the National Highway Traffic Safety Administration (NHTSA), our confidentiality regulation, 49 C.F.R. '512, requires the submission of a certification stating that the submitter has made a diligent inquiry to ascertain that the information submitted has not been disclosed, or otherwise made public (49 C.F.R. '512.4(e)) and other supporting information (49 C.F.R. '512.4(b)). However, in order to expedite our response to you, I will waive the requirement of the certification contained in 49 C.F.R. '512.

Under S5.2.3 of Standard No. 123, if a speedometer is provided, the item shall be identified by "wording shown in both Column 2 and Column 4" of Table 3 of the standard. Column 4 of Table 3 specifies that a speedometer shall be identified by "M.P.H." You believe your speedometer meets this requirement. However, you ask whether footnote 4 of Column 4 applies to a digital display speedometer. Footnote 4 states:

M.P.H. increase in a clockwise direction. Major graduations and numerals appear at 10 mph intervals, minor graduations at the 5 mph intervals.

The answer to your question is no. Digital displays were not common in 1972, when the footnote 4 specifications were

published. The original Standard No. 123 drafters had in mind only dial display speedometers. For these reasons, we interpret the specifications in footnote 4 of Column 4 not to apply to digital display speedometers on motorcycles that provide a reading of numeric vehicle speed.

I hope that this information is useful. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:123 d:5/31/94

This letter contains confidential information!

ID: 9864

Mr. Ivan L. Bost
Director of Engineering
Comm-Trans
792 S. Cooper St.
Memphis, TN 38104

Dear Mr. Bost:

This responds to your letter of April 6, 1994, requesting information on the type of seat belt required at the rear outboard seating positions in passenger vans with a gross vehicle weight rating (GVWR) greater than 8,500 pounds but less than 10,000 pounds. Your letter states that these vehicle have a capacity for 10 to 15 persons, including the driver.

Before explaining the safety belt installation requirements for these vehicles, I would like to clarify two of the terms that I will be using. A "rear designated seating position" is any seating position to the rear of the front seat(s). An "outboard designated seating position" is a designated seating position within 12 inches of the side of the vehicle. However, the latter term does not include any designated seating position adjacent to a walkway that is located between the seat and the side of the vehicle and is designed to allow access to more rearward seating positions. Thus, with respect to a passenger van having a two person bench seat behind the front seats, the latter term typically does not include the rightmost of those two positions.

The safety belt installation requirements for all vehicle types are set forth in Standard No. 208. Passenger vans with a seating capacity of 10 persons or less would be considered multipurpose passenger vehicles (MPVs) under NHTSA's regulations. Section S4.2.4 of Standard No. 208 requires the installation of an integral Type 2 (lap/shoulder) seat belt assembly at each forward-facing rear outboard designated seating position in an MPV, other than a motor home, manufactured on or after September 1, 1991, with a GVWR of 10,000 pounds or less. A Type 1 (lap) or a Type 2 seat belt assembly is required at all other rear designated seating positions. Sections S4.2.4.2 and S4.2.4.3 of Standard No. 208 allow the Type 2 seat belt assembly to have a detachable upper torso portion if the seating position can be adjusted to a direction other than forward- facing or if the seat is designed to be easily removed and replaced.

Vans with a seating capacity of more than 10 persons would be considered buses under NHTSA's regulations. Section S4.4.3.2 of

Standard No. 208 requires the installation of an integral Type 2 seat belt assembly at each forward- facing rear outboard designated seating position in a bus, other than a school bus, manufactured on or after September 1, 1991, with a GVWR of 10,000 pounds or less. A Type 1 or a Type 2 seat belt assembly is required at all other rear designated seating positions.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:208 d:6/8/94

ID: 9865

Mr. Richard Kreutziger
Executive Director
New York State Bus Distributors Ass'n
102 Grace Street
Penn Yan NY 14527

Dear Mr. Kreutziger:

This responds to your request of April 13, 1994, for an interpretation of Motor Vehicle Safety Standard No. 108.

You reference paragraphs S5.5.7(a) and (b) which apply to vehicles of less than 80 inches overall width and ask whether there are similar requirements for wider vehicles.

Paragraph S5.5.7(a) requires that "[w]hen the parking lamps are activated, the tail lamps, license plate lamps, and side marker lamps shall also be activated." There is no similar requirement for vehicles whose overall width is 80 inches or more because these vehicles are not required to have parking lamps (see Table I of Standard No. 108).

Paragraph S5.5.7(b) requires that "[w]hen the headlamps are activated in a steady-burning state, the tail lamps, parking lamps, license plate lamps and side marker lamps shall also be activated." Paragraph S5.5.3 requires tail lamps on all vehicles, regardless of width, to be activated when the headlamps are activated in a steady burning state. As noted in the preceding paragraph, wide vehicles are not required to have parking lamps.

This leaves the question of license plate lamps and side marker lamps. As you have surmised, there is no specific requirement in Standard No. 108 that these lamps be simultaneously activated with the headlamps on vehicles whose overall width is 80 inches or greater. However, we understand that it is industry practice to wire its large vehicles in this manner. We also believe that those who do not wire the side marker lamps to operate with the headlamps include them in the separate switch that activates the clearance and identification lamps.

Sincerely,

John Womack Acting Chief Counsel ref:108 d:4/25/94

ID: 9876

Mr. John Collins
Senior Vice President, Government Affairs
American Trucking Associations
2200 Mill Road
Alexandria, VA 22314-4677

Dear Mr. Collins:

This responds to your letter about a recent amendment to the supply line retention requirements in Standard No. 121, Air Brake Systems. I apologize for the delay in our response. You requested an interpretation of the test procedure set forth in S5.8.2. That provision states, in relevant part that,

A trailer shall meet the above supply line retention requirement with its brake system connected to the trailer test rig shown in Figure 1, with the reservoirs of the trailer and test rig initially pressurized to 100 psi, and the regulator of the test rig set at 100 psi.

Specifically, you believe that this provision means that (1) the test rig remains connected to the shop air, as shown in Figure 1, for the duration of the test, (2) the shut-off valve of the test rig remains open for the duration of the test, and (3) the pressure in the test rig's 1000 cubic inch reservoir is maintained at 100 psi for the duration of the test. I will address each of these suggested interpretations below.

The basic issue raised by your questions is whether the supply line retention test is conducted with air flowing from the test rig (simulating the flow of air from a tractor), or with the supply of air cut off. It is our opinion that this test is conducted with the air flowing from the test rig.

As you suggested in your letter, this result is implied by the language of S5.8.2. That section states that a trailer must meet the supply line retention requirement with its brake system connected to the trailer test rig, and with the regulator of the test rig set at 100 psi. There would be no reason to set the regulator at 100 psi if air was not flowing from the test rig. We therefore agree with the first of your three suggested interpretations, that the test rig remains connected to the shop air for the duration of the test.

We similarly agree with the second of your suggested interpretations, that the shut-off valve of the test rig remains open for the duration of the test. S5.8.2 does not specify that this valve be shut, and such shutting would be inconsistent with conducting the test with air flowing from the test rig.

Your third suggested interpretation is that the pressure in the test rig's 1000 cubic inch reservoir is maintained at 100 psi for the duration of the test. We note that no special efforts are made to maintain this pressure at 100 psi. As indicated above, S5.8.2 specifies that the reservoir of the test rig is initially set at 100 psi; the pressure could vary during the test. However, as indicated above, 100 psi air pressure would continue to flow through the regulator during the test in the direction of the reservoir.

I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992. Sincerely,

John Womack Acting Chief Counsel

ref:121 d:9/2/94

ID: 9882

Mr. Norman Duncan
President
Study-Tech, Inc.
603 South River Road
des Plaines, IL 60016

Dear Mr. Duncan:

The Federal Highway Administration has forwarded your letter of March 10, 1994, for reply. You request "an interpretation of the existing vehicle code as it may apply to a safety- warning system that our corporation has devised."

Our agency issues the Federal Motor Vehicle Safety Standards that apply to new motor vehicles, pursuant to the National Traffic and Motor Vehicle Safety Act ("the Act'). Our Standard No. 108 Lamps, Reflective Devices, and Associated Equipment is the regulation that governs the performance of lighting equipment that is required on new motor vehicles and determines whether optional lighting equipment is acceptable. As you have described it, the "Early-Warning Slow Down Safety Light" will automatically be activated when a vehicle decelerates. The system will operate through the stop lamps, but, alternatively, it could employ separate lamps mounted on the rear deck.

Your system is similar to others which have been suggested over the years, and we therefore do not feel that a demonstration is necessary as you have offered. With respect to operation of your system through the stop lamps, as you will see from our letter of October 22, 1993, to Dr. Cehelnik, a copy of which I have enclosed, automatic activation of the stop lamps is not permitted by Standard No. 108 which allows the stop lamps to operate only when the brake pedal is applied.

As for operation of your system through a separate lamp system, paragraph S5.1.3 of Standard No. 108 permits supplementary lighting equipment provided that it does not impair the effectiveness of lighting equipment required by the standard. Were your separate warning system to utilize red lenses, we believe that it could impair the effectiveness of the required stop lamps by sending at times a false signal; not every deceleration is followed by braking, and the operation of your system when not followed by brake application activating the stop lamps could be confusing to a following driver. On the other hands, if your system utilized amber lenses, we believe that impairment would be unlikely to exist because the public associates this color with the need for caution.

The Act itself governs acceptability of your system in the aftermarket (i.e., installed on vehicles in use). Section 108(a)(2)(A) prohibits manufacturers, dealers, distributors, and motor vehicle repair businesses from knowingly rendering inoperative, in whole or in part, any device or element of design installed in accordance with Standard No. 108 and all other safety standards. We interpret this where possible as equating inoperability with impairment. Thus, we would view installation of your system by the persons named above as violative of the Act if it operated through the stop lamp system or if it were a separate lamp system with red lenses.

Even where a supplementary lighting system may be permitted under Federal laws and regulations, it remains subject to the laws of the individual states where the system will be operated. We are unable to advise you on State laws, and suggest that you write for an opinion to: American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:108#VSA d:5/16/94

ID: 9883

Mr. Hamilton K. Pyles
Cairncross & Associates, Inc.
2990 Mission Blvd.
San Diego, CA 92109

Dear Mr. Pyles:

This responds to your letter of April 5, 1994, to the Office of Vehicle Safety Compliance. You would like to import into the United States "a kit for a compact custom truck bed". You ask what Federal laws and regulations govern the importation, sale, and installation of wooden pickup bed kits. You also ask what you must do, initially, to import a trial sample bed into the United States.

You have described the kit as consisting of plans and instructions in English, wooden and plywood parts of the bed, unspecified "metal parts," fastenings, wiring and "lights."

As a general rule, all motor vehicles and items of motor vehicle equipment must conform (and be certified by their manufacturer to conform) to all applicable Federal motor vehicle safety standards issued by this agency in order to be imported into the United States and sold here. The only motor vehicle equipment in your kit that is covered by a Federal standard is "lights." They are subject to our Standard No. 108 Lamps, Reflective Devices and Associated Equipment (49 CFR 571.108), and, thus, must conform and be certified as conforming in order to be imported into the United States. Certification is indicated either by a DOT symbol on the equipment, or by a statement of compliance attached to the equipment or on the container in which it is shipped.

If the lighting equipment does not conform, or if you are unsure whether it does, you are permitted by 49 CFR 591.5(j) to import one or more sample beds or kits for "research, investigations, studies, [or] demonstrations" for a period of up to three years after first obtaining written approval from the Office of Vehicle Safety Compliance. If the lighting equipment does conform, there is no limitation upon the number of items you may import.

You have also written that the truck bed will be offered to the general public as a replacement for existing truck beds, and to "manufacturers who place specialized beds (campershells, utility company boxes, etc.) on pick-up frames that they buy new without factory installed beds."

Although you have no responsibility under the National Traffic and Motor Vehicle Safety Act for compliance of a vehicle with the Federal safety standards when the conversion work is completed, we should like to apprise you of the obligations of a converter, since the converter will look to you to provide it with complying lighting equipment. With respect to the general public, under section 108(a)(2)(A) of the Act (15 U.S.C. 1397(a)(2)(A)), the removal of the old truck bed and lights and installation of the new truck bed kit by a "manufacturer, distributor, dealer, or motor vehicle repair business" must not "knowingly render inoperative in whole or in part any device or element of design installed in accordance with" a Federal motor vehicle safety standard. For example, one of the named parties would violate the Act if it removed the old bed with complying lamps and installed a new bed with noncompliant lamps if that person knew that the lamps did not comply. Similarly, if the bed in some manner obscured the center highmounted lamp which is now required for pickups manufactured after September 1, 1993, that could be a violation of the Act.

If a manufacturer is installing the truck bed on a new chassis, it becomes responsible for ensuring that the completed vehicle fully meets the Federal motor vehicle safety standards, and for certifying its compliance.

Finally, as the importer of the kit, you become its "manufacturer" under our laws and may have some responsibility for notification and remedy of safety related defects or noncompliances that are discovered in the kit either before or after its installation on motor vehicles.

I enclose an information sheet for your information, and hope that this letter has been helpful to you.

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:591#VSA d:5/12/94

ID: 9886

AIR MAIL

Mr. S. Greiff PARS Passive Rhckhaltesysteme GmbH Borsigstrabe 2 63/55 Alzenau Germany

Dear Mr. Greiff:

This responds to your letter of April 19, 1994, requesting an interpretation of the 500 foot minimum runway length in the Laboratory Test Procedure for Federal motor vehicle safety standards Nos. 208, 212, 219, and 301.

Laboratory Test Procedures are provided to contracted laboratories as guidelines for conducting compliance tests. The Laboratory Test Procedures do not limit the requirements of the applicable Federal motor vehicle safety standards. None of the standards referenced in your letter include any requirement for minimum runway length. Instead, the standards specify that the collision into the fixed barrier will occur at any speed up to and including 30 mph.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:208 d:6/8/94

ID: 9889

Herr Tilman Spingler
Robert Bosch GmbH
Automotive Equipment Div. 2
Postfach 13 42
D-72703 Reutlingen
Germany

Dear Mr. Spingler:

This responds to your letter of March 25, 1994, asking for an interpretation of Motor Vehicle Safety Standard No. 108 with respect to integral beam headlighting systems.

You reference a letter of this office to Toyota in which we permit location of the light source control module outside the headlamp housing but permanently attached to it by a cable. You have asked whether there are "requirements for this cable concerning indivisibility and integration . . . ."

There are no such requirements for the cable in Standard No. 108, and the headlamp manufacturer may adopt the construction that it has determined is most suitable for its design.

Sincerely,

John Womack Acting Chief Counsel

ref:108 d:5/5/94

ID: 9891-2

Mr. Fred Benford
100+ Motoring Accessories
2220 East Orangewood Avenue
Anaheim, CA 92806-61100

Dear Mr. Benford:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 211, Wheel nuts, wheel discs and hub caps. You wrote that your company manufactures aluminum wheel covers without "protruding objects." You requested confirmation that the wheel covers do not violate any FMVSS. Our response is provided below.

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

Standard No. 211 regulates wheel nuts, wheel discs, and hub caps. Since "wheel discs" encompasses wheel covers, your company's wheel covers are subject to Standard No. 211. S4. Requirements of Standard No. 211 states in part:

As installed on any physically compatible combination of axle and wheel rim, wheel nuts, wheel discs, and hub caps for use on passenger cars and multipurpose passenger vehicles shall not incorporate winged projections ...

In your letter, you stated that your wheel covers do not have any "protruding objects." Since Standard No. 211 prohibits wheel discs (covers) with "winged projections," if your company's wheel covers do not incorporate "winged projections," the wheel covers would satisfy Standard No. 211. "Winged projection" is defined at S3.2 of Standard No. 211 as an exposed cantilevered appendage that projects radially from a wheel disc and that typically has front, edge, and/or rear surfaces which are not in contact with the wheel when the wheel disc is installed on the axle.

You also asked whether wheel covers made of aluminum violate any FMVSS. The answer is no, because Standard No. 211 does not specify materials for use in wheel covers. However, since wheel covers are "motor vehicle equipment," your company must ensure that the wheel covers are free of safety-related defects under the Safety Act. Sections 151-159 of the Safety Act concern the recall and remedy of products with defects related to motor vehicle safety. In the event that your company or NHTSA determines that the wheel covers have a safety-related defect, your company would be responsible for notifying purchasers of the defective wheel covers and remedying the problem free of charge.

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

Sincerely,

John Womack Acting Chief Counsel

ref:211 NCC20:DNakama:mar:62992:apr/22/94;OCC#9891 cc: NCC-20 Subj/chron, DN NEF-01, NRM-01 [U:\NCC20\INTERP\211\9891.DRN] Interps: Std. No. 211, Redbook (2)

ID: 9912

Mr. Fred Carr, Engineer
Utilimaster
65266 State Road 19
P. O. Box 585
Wakarusa, IN 46573-0585

Dear Mr. Carr:

This responds to your question asking whether Federal Motor Vehicle Safety Standard No. 211, Wheel nuts, wheel discs, and hub caps, applies to "motor vehicle equipment relating to light duty, medium duty, and heavy duty trucks or truck manufacturers." As explained below, Standard No. 211 does not apply to trucks, or truck equipment.

S2. Application of Standard No. 211 states the following:

This standard applies to passenger cars, multipurpose passenger vehicles, and passenger car and multipurpose passenger vehicle equipment.

"Multipurpose passenger vehicle" is defined at 49 CFR '571.3 as a motor vehicle designed to carry 10 persons or less, which is constructed either on a truck chassis or with special features for occasional off-road operation. Since Standard No. 211 applies only to passenger cars, multipurpose passenger vehicles, and their equipment, Standard No. 211 does not apply to trucks, or truck equipment. "Truck" is defined at 49 CFR '571.3 as a motor vehicle designed primarily for the transportation of property or special purpose equipment. Accordingly, manufacturers of trucks or truck equipment are not required to certify their trucks and truck equipment to the requirements of Standard No. 211.

I hope this information is helpful. If there are any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel ref:211 d:5/16/94