Interpretation ID: 1982-2.26
DATE: 07/26/82
FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA
TO: B. S. Horton
TITLE: FMVSS INTERPRETATION
TEXT:
JUL 26 1982
Mr. Bernard S. Horton 100 Memorial Drive Cambridge, MA 02142
Dear Mr. Horton:
This responds to your recent letter regarding the roof crush requirements of Federal Motor Vehicle Safety Standard No. 216. You ask why convertibles are excluded from the requirements of the standard, yet the BMW 318 which has a "targa" roof is not excluded.
Convertibles were excepted from Safety Standard No. 216 when the standard was first issued in 1971 because it was impossible for most convertibles to comply with the requirements. The legislative history of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381, et seq.), which authorizes the issuance of our safety standards, clarifies that Congress did not intend for the safety standards that would be issued to effectively preclude any type of existing motor vehicle. If no exception had been provided, the requirements of Safety Standard No. 216 would have caused the production of convertibles to cease. For this reason alone, they were excepted from the requirements.
The agency has limited the convertible exception to vehicles for which it is truly impractical to comply. While our regulations do not include a formal definition of "convertible", the agency has stated that it considers a convertible to be a vehicle whose "A" pillar or windshield peripheral support is not joined with the "B" pillar (or rear roof support rearward of the "B" pillar position) by a fixed, rigid structural member. Therefore, passenger cars equipped with a "sun roof", "hurst hatch roof" or "targa roof" do not qualify as convertibles, because they have a fixed, rigid structural member in the described location. This interpretation applies, moreover, whether the rigid structural member joining the "A" and "B" pillars is a hidden reinforcing component or whether the structural member is part of the exterior roof panel.
I am sorry that you are unable to obtain the BMW 318, but this is primarily due to the fact that the manufacturer has chosen not to bring this model into compliance with Safety Standard No. 216. As you probably know, there are other models with "targa roofs" and "hurst roofs" that are in compliance with the standard and currently in use.
You also mention the fact that many vehicle custom shops cut one or more panels from vehicles to make them into convertibles or "targas". You state that there seems to be no prohibition to this. There are certain prohibitions, however. Section 108(a)(2)(A) of the Vehicle Safety Act specifies that no manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative in whole or part any device or element of design installed on or in a motor vehicle in compliance with a motor vehicle safety standard. This means that custom shops cannot cut panels from a used vehicle's roof if such operation would impair the vehicle's compliance with Safety Standard No. 216. Failure to observe this prohibition could result in civil penalties up to $1,000 for each violation. Please note, however, that the custom shops are not precluded by this section from totally removing a vehicle roof, thereby converting the vehicle into a convertible. The prohibition does not apply to such a conversion since the vehicle would not have had to comply with Standard No. 216 if it had originally been manufactured as a convertible.
I realize that these various distinctions may be confusing. If you have any further questions, please contact Hugh Oates of my staff at 202-426-2992.
Sincerely,
Frank Berndt Chief Counsel
100 Memorial Drive Cambridge, MA 02142 July 13, 1982
Frank Berndt, Esq. Office of the Chief Counsel NATIONAL HIGHWAY TRANSPORTATION SAFETY ADMINISTRATION 400 7th Street S.W. Washington, D.C. 20590
Dear Mr. Berndt:
I am trying to determine why one automobile or another might or might not meet Standard 216 or some other standard for roof crush resistance.
Specifically, I have been interested in buying an Americanized version of a BMW 318 cabriolet. I am told that it can't be imported here because it doesn't meet roll-over or roof crush requirements. Yet, as indicated by the enclosed article, convertibles are becoming popular again. They, at least the soft top ones I've seen, have no roof crush resistance.
By my way of thinking, a cabriolet, which is often called a "targa" because it has a section of roof which can be removed, and perhaps a drop down back window behind a bar, should be safer than a soft top convertible. In fact, customizing shops offer the cutting of one or more panels from the many makes of cars to make them into convertibles or "targas". There seems to be no prohibition to this.
Can you clarify why the BMW Cabriolet, in the light of what is on our roads, seems to be singled out as unacceptable?
Thank you very much for your help.
Sincerely,
Bernard S. Horton
BSH/lp