Ms. Ellen Warren
Vuenyx
17 Cote des Neiges Road
Nepean, Ontario K2G 2C3
Canada
Dear Ms. Warren:
This responds to your November 3, 2003 letter asking which Federal motor vehicle safety standards (FMVSSs), if any, would be applicable to a product your company is developing for installation in motor vehicles. The product is a video-based, forward-looking collision avoidance device consisting of a digital video camera mounted inside the front windshield, near the rearview mirror, that is connected to a processor mounted on or under the dashboard. The product’s goal is to "help prevent the most common types of collisions by providing warnings of undesired lane departures, high closure rates with objects in the path and failure to decelerate when approaching stop signals." I am pleased to have the opportunity to explain our regulations and to discuss how they may affect your product.
By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Instead, it is the responsibility of manufacturers to certify that their products conform to all applicable safety standards (see 49 CFR Part 571) before they can be offered for sale. NHTSA enforces compliance with the standards by purchasing and testing vehicles and equipment, and we also investigate safety-related defects.
NHTSA has not issued any FMVSSs establishing performance standards directly applicable to your product. However, installation of your product may affect a vehicle’s compliance with several safety standards.
If the device is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable Federal safety standards. If the device is added to a previously certified new motor vehicle, prior to its first sale, the person who modifies the
vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. You will find the specific certification requirements at 49 CFR Part 567, Certification.
If your device is installed on a used vehicle by a business such as a garage, the installer would not be required to attach a certification label. However, a manufacturer, distributor, dealer, or vehicle repair business may not knowingly "make inoperative" any device or element of design installed on or in a motor vehicle in accordance with any FMVSS. 49 U.S.C. § 30122. Although the "make inoperative" provision does not apply to equipment attached to or installed on or in a vehicle by the vehicle owner, NHTSA urges vehicle owners not to degrade the safety of any system or device in their vehicles.
In order to determine how installation of your video camera system could affect vehicle compliance with applicable Federal safety standards, you should carefully review each standard contained in 49 CFR Part 571. However, there are certain standards (discussed below) of which you should be particularly aware.
First, I would draw your attention to paragraph S5.3.5 of FMVSS No. 101, Controls and Displays, which places a limitation on sources of illumination within the passenger compartment, in order to prevent glare visible to the driver. Although your letter does not indicate the type of output associated with your crash avoidance system (e.g., light, sound, or some combination thereof), any related monitor or display would be required to control glare as required under S5.3.5.
You should assess also your product’s effect upon a vehicle’s compliance with FMVSS No. 201, Occupant Protection in Interior Impact, and FMVSS No. 208, Occupant Crash Protection, which are designed to protect drivers and passengers, both by ensuring the crashworthiness of the vehicle and by reducing injuries resulting from contact with various interior components.
In discussions with Eric Stas of my staff, you mentioned the foreseeable potential for your products to be adapted to rearward application. Consequently, you may wish to be aware of NHTSA’s ongoing rulemaking in which we are considering establishing a performance standard for rear object detection, as part of FMVSS No. 111, Rearview Mirrors. NHTSA published an Advanced Notice of Proposed Rulemaking (ANPRM) on this topic on November 27, 2000, which included consideration of a rear video system as a compliance option under a future standard (see 65 FR 70681). We expect to issue a notice of proposed rulemaking in 2004.
Beyond compliance with relevant federal safety standards, manufacturers of motor vehicle equipment have additional responsibilities, including a requirement to notify purchasers about safety-related defects and to provide a remedy free of charge, even if their equipment is not covered by a safety standard. 49 U.S.C. §§ 30118-30120.
In addition, you should be aware that other governmental entities may have authority over your product. For example, the Department’s Federal Motor Carrier Safety Administration (FMCSA) has jurisdiction over commercial vehicles and interstate motor carriers operating in the United States. You may wish to contact FMCSA for further information about any FMCSA regulations that may apply to your system. In addition, States have the authority to regulate the use and licensing of vehicles operating within their jurisdictions. Therefore, you may wish to check with the Department of Motor Vehicles in any State in which the equipment will be sold or used regarding any such requirements.
For your further information, I am enclosing a fact sheet we prepared titled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment. I hope you find this information useful. If you have further questions, please feel free to contact Eric Stas at this address or by telephone at (202) 366-2992.
Sincerely,
Jacqueline Glassman
Chief Counsel
Enclosure
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d.1/21/04