DOT 49 CFR PART 595-2010 MAKE INOPERATIVE EXEMPTIONS.pdf

1、351 Natl Highway Traffic Safety Admin., DOT 595.4 and indirect costs for the review and processing of each certificate of con-formity furnished to the Administrator pursuant to 591.7(e) of this chapter. (b) The direct costs attributable to the review and processing of a certifi-cate of conformity in

2、clude the esti-mated cost of contract and professional staff time, computer usage, and record assembly, marking, shipment and stor-age costs. (c) The indirect costs attributable to the review and processing of a certifi-cate of conformity include a pro rata allocation of the average benefits of pers

3、ons employed in reviewing and processing the certificates, and a pro rata allocation of the costs attrib-utable to the rental and maintenance of office space and equipment, the use of office supplies, and other overhead items. (d) The review and processing fee for each certificate of conformity sub-

4、mitted on and after October 1, 2010 is $17. However, if the vehicle covered by the certificate has been entered elec-tronically with the U.S. Department of Homeland Security through the Auto-mated Broker Interface and the reg-istered importer submitting the certifi-cate has an e-mail address, the fe

5、e for the certificate is $6, provided that the fee is paid by a credit card issued to the registered importer. If NHTSA finds that the information in the entry or the certificate is incorrect, requir-ing further processing, the processing fee shall be $57. 62 FR 50882, Sept. 29, 1997, as amended at

6、63 FR 45186, Aug. 25, 1998; 65 FR 56500, Sept. 19, 2000; 67 FR 60599, Sept. 26, 2002; 69 FR 57874, Sept. 28, 2004; 71 FR 43990, Aug. 3, 2006; 73 FR 54986, Sept. 24, 2008; 75 FR 48613, Aug. 11, 2010 PART 595MAKE INOPERATIVE EXEMPTIONS Subpart AGeneral Sec. 595.1 Scope. 595.2 Purpose. 595.3 Applicabil

7、ity. 595.4 Definitions. Subpart BRetrofit On-Off Switches for Air Bags 595.5 Requirements. Subpart CVehicle Modifications To Accommodate People With Disabilities 595.6 Modifier identification. 595.7 Requirements for vehicle modifica-tions to accommodate people with dis-abilities. APPENDIX A TO PART

8、595INFORMATION BRO-CHURE. APPENDIX B TO PART 595REQUEST FORM. APPENDIX C TO PART 595INSTALLATION OF AIR BAG ON-OFF SWITCHES. AUTHORITY: 49 U.S.C. 322, 30111, 30115, 30117, 30122 and 30166; delegation of authority at 49 CFR 1.50. SOURCE: 62 FR 62442, Nov. 21, 1997, unless otherwise noted. Subpart AGe

9、neral 595.1 Scope. This part establishes conditions under which the compliance of motor vehicles and motor vehicle equipment with the Federal motor vehicle safety standards may be made inoperative. 66 FR 12655, Feb. 27, 2001 595.2 Purpose. The purpose of this part is to provide an exemption from the

10、 make inoper-ative provision of 49 U.S.C. 30122 that permits motor vehicle dealers and motor vehicle repair businesses to in-stall retrofit air bag on-off switches and to otherwise modify motor vehicles to enable people with disabilities to op-erate or ride as a passenger in a motor vehicle. 66 FR 1

11、2655, Feb. 27, 2001 595.3 Applicability. This part applies to dealers and motor vehicle repair businesses. 595.4 Definitions. The term dealer, defined in 49 U.S.C. 30102(a), is used in accordance with its statutory meaning. The term motor vehicle repair business is defined in 49 U.S.C. 30122(a) as a

12、 person holding itself out to the public to repair for compensation a motor ve-hicle or motor vehicle equipment. This term includes businesses that re-ceive compensation for servicing vehi-cles without malfunctioning or broken parts or systems by adding or removing features or components to or from

13、VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00361 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-352 49 CFR Ch. V (10110 Edition) 595.5 those vehicles or othe

14、rwise custom-izing those vehicles. Subpart BRetrofit On-Off Switches for Air Bags 595.5 Requirements. (a) Beginning January 19, 1998, a dealer or motor vehicle repair business may modify a motor vehicle manufac-tured before September 1, 2012 by in-stalling an on-off switch that allows an occupant of

15、 the vehicle to turn off an air bag in that vehicle, subject to the conditions in paragraphs (b)(1) through (5) of this section. (b)(1) The dealer or motor vehicle re-pair business receives from the owner or lessee of the motor vehicle a letter from the National Highway Traffic Safety Administration

16、 that authorizes the installation of an on-off switch in that vehicle for that air bag and in-cludes a form to be filled in by the dealer or motor vehicle repair business with information identifying itself and describing the installation it makes. (2) The dealer or motor vehicle repair business ins

17、talls the on-off switch in accordance with the instructions of the manufacturer of the switch. (3) The on-off switch meets all of the conditions specified in paragraphs (b)(3)(i) and (ii) of this section. (i) The on-off switch is operable sole-ly by a key or a key-like object. The on-off switch shal

18、l be separate from the ignition switch for the vehicle, so that the driver must take some action other than inserting the ignition key or turning the ignition key in the ignition switch to turn off the air bag. Once turned off, the air bag shall remain off until it is turned back on by means of the

19、device. If a single on-off switch is installed for both air bags, the on-off switch shall allow each air bag to be turned off without turning off the other air bag. The readiness indicator required by S4.5.2 of 571.208 of this chapter shall continue to monitor the readiness of the air bags even when

20、 one or both air bags has been turned off. The readiness indicator light shall not be illuminated solely because an air bag has been deactivated by means of an on-off switch. (ii) A telltale light in the interior of the vehicle shall be illuminated when-ever the driver or passenger air bag is turned

21、 off by means of the on-off switch. The telltale for a driver air bag shall be clearly visible to an occupant of the drivers seating position. The telltale for a passenger air bag shall be clearly visible to occupants of all front seating positions. The telltale for an air bag: (A) Shall be yellow;

22、(B) Shall have the identifying words DRIVER AIR BAG OFF, PAS-SENGER AIR BAG OFF, or PASS AIR BAG OFF, as appropriate, on the telltale or within 25 millimeters of the telltale; (C) Shall remain illuminated for the entire time that the air bag is off; (D) Shall not be illuminated at any time when the

23、air bag is on; and, (E) Shall not be combined with the readiness indicator required by S4.5.2 of 571.208 of this chapter. (4) The dealer or motor vehicle repair business provides the owner or lessee with an insert for the vehicle owners manual that (i) Describes the operation of the on- off switch,

24、(ii) Lists the risk groups on the re-quest form set forth in appendix B of this Part, (iii) States that an on-off switch should only be used to turn off an air bag for a member of one of those risk groups, and (iv) States the safety consequences for using the on-off switch to turn off an air bag for

25、 persons who are not members of any of those risk groups. The description of those consequences includes information, specific to the make, model and model year of the owners or lessees vehicle, about any seat belt energy managing features, e.g., load limiters, that will affect seat belt performance

26、 when the air bag is turned off. (5) In the form included in the agency authorization letter specified in para-graph (b)(1) of this section, the dealer or motor vehicle repair business fills in information describing itself and the on-off switch installation(s) it makes in the motor vehicle. The dea

27、ler or motor vehicle repair business then sends the form to the address below within 7 working days after the com-pletion of the described installations: VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00362 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvi

28、ded by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-353 Natl Highway Traffic Safety Admin., DOT 595.7 National Highway Traffic Safety Ad-ministration, Attention: Air Bag Switch Request Forms, 400 Seventh Street, S.W., Washington, D.C. 20590 1000. 62 FR 62442,

29、 Nov. 21, 1997; 62 FR 67754, Dec. 30, 1997, as amended at 65 FR 30770, May 12, 2000; 69 FR 31034, June 2, 2004 Subpart CVehicle Modifications To Accommodate People With Disabilities SOURCE: 66 FR 12655, Feb. 27, 2001, unless otherwise noted. 595.6 Modifier identification. (a) Any motor vehicle repai

30、r business that modifies a motor vehicle to enable a person with a disability to operate, or ride as a passenger in, the motor ve-hicle and intends to avail itself of the exemption provided in 49 CFR 595.7 shall furnish the information specified in paragraphs (a)(1) through (3) of this section to: A

31、dministrator, National Highway Traffic Safety Administra-tion, 1200 New Jersey Avenue, SE., Washington, DC 20590. (1) Full individual, partnership, or corporate name of the motor vehicle repair business. (2) Residence address of the motor ve-hicle repair business and State of in-corporation if appli

32、cable. (3) A statement that the motor vehi-cle repair business modifies a motor vehicle to enable a person with a dis-ability to operate, or ride as a pas-senger in, the motor vehicle and in-tends to avail itself of the exemption provided in 49 CFR 595.7. (b) Each motor business repair busi-ness req

33、uired to submit information under paragraph (a) of this section shall submit the information not later than August 27, 2001. After that date, each motor business repair business that modifies a motor vehicle to enable a person with a disability to operate, or ride as a passenger in, the motor ve-hic

34、le and intends to avail itself of the exemption provided in 49 CFR 595.7 shall submit the information required under paragraph (a) not later than 30 days after it first modifies a motor ve-hicle to enable a person with a dis-ability to operate, or ride as a pas-senger in, the motor vehicle. Each mot

35、or vehicle repair business who has submitted required information shall keep its entry current, accurate and complete by submitting revised infor-mation not later than 30 days after the relevant changes in the business occur. 66 FR 12655, Feb. 27, 2001, as amended at 75 FR 47489, Aug. 6, 2010 595.7

36、Requirements for vehicle modi-fications to accommodate people with disabilities. (a) Any motor vehicle repair business that modifies a motor vehicle to enable a person with a disability to operate, or ride as a passenger in, the motor ve-hicle is exempted from the make in-operative prohibition of 49

37、 U.S.C. 30122 to the extent that those modifica-tions affect the motor vehicles compli-ance with the Federal motor vehicle safety standards or portions thereof specified in paragraph (c) of this sec-tion. Modifications that would take a vehicle out of compliance with any other Federal motor vehicle

38、safety standards, or portions thereof, are not covered by this exemption. (b) Any motor vehicle repair business that modifies a motor vehicle to enable a person with a disability to operate, or ride as a passenger in, the motor ve-hicle in such a manner as to make in-operative any part of a device o

39、r ele-ment of design installed on or in the motor vehicle in compliance with a Federal motor vehicle safety standard or portion thereof specified in para-graph (c) of this section must affix to the motor vehicle a permanent label of the type and in the manner described in paragraph (d) of this secti

40、on and must provide and retain a document of the type and in the manner described in paragraph (e) of this section. (c)(1) 49 CFR 571.101, except for S5.2.1, S5.3.1, S5.3.4, S5.4.1, and S5.4.3 of that section. (2) S5.1.1.5 of 49 CFR 571.108, in the case of a motor vehicle that is modified to be driv

41、en without a steering wheel or for which it is not feasible to retain the turn signal canceling device in-stalled by the vehicle manufacturer. (3) S5.1.2 and S5.1.3 of 49 CFR 571.114, in any case in which the original key locking system must be modified. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218

42、 PO 00000 Frm 00363 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-354 49 CFR Ch. V (10110 Edition) 595.7 (4) S4(a) of 49 CFR 571.118, in any case in which the medical condi

43、tion of the person for whom the vehicle is modi-fied necessitates the installation of a remote ignition switch to start the ve-hicle. (5) S5.1 and S5.2.1 of 49 CFR 571.123, in any case in which the modification ne-cessitates the relocation of original equipment manufacturers controls. (6) S5.3.1 of

44、49 CFR 571.135, in any case in which the modification neces-sitates the removal of the original equipment manufacturer foot pedal. (7) 49 CFR 571.201 with respect to: (i) Targets located on the right side rail, the right B-pillar and the first right side other pillar adjacent to the stowed platform

45、of a lift or ramp that stows vertically, inside the vehi-cle. (ii) Targets located on the left side rail, the left B-pillar and the first left side other pillar adjacent to the stowed platform of a lift or ramp that stows vertically, inside the vehicle. (iii) Targets located on the rear head-er and

46、the rearmost pillars adjacent to the stowed platform of a lift or ramp that stows vertically, inside the vehi-cle. (iv) Targets located on any hand grip or vertical stanchion bar. (v) All of S6 of 571.201 in any case in which the disability necessitates rais-ing the roof or door, or lowering the flo

47、or of the vehicle. (8) 49 CFR 571.202, in any case in which: (i) A motor vehicle is modified to be operated by a driver seated in a wheel-chair and no other seat is supplied with the vehicle for the driver; (ii) A motor vehicle is modified to transport a right front passenger seat-ed in a wheelchair

48、 and no other right front passenger seat is supplied with the vehicle; or (9) S4.3(b)(1) and (2) of 49 CFR 571.202, in any case in which the drivers head restraint must be modified to accom-modate a driver with a disability. (10) S5.1 of 49 CFR 571.203, in any case in which the modification necessit

49、ates a structural change to, or removal of, the original equipment manufacturer steering shaft. (11) S5.2 of 49 CFR 571.203, in any case in which an item of adaptive equip-ment must be mounted on the steering wheel. (12) 49 CFR 571.204, in any case in which the modification necessitates a structural change to, or removal of, the original equipment manufacturer steering shaft. (13) S4.1 of 49 CFR 571.207,