NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
| Interpretations | Date |
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ID: aiam4258OpenMr. William Tackett, 859 South Main, Plymouth, MI 48170; Mr. William Tackett 859 South Main Plymouth MI 48170; Dear Mr. Tackett: This is to follow-up on your phone conversation of December 1, 1986 with Stephen Oesch of my staff concerning how Standard No. 301, *Fuel System Integrity*, affects the installation of trailer hitches on cars. I hope the following discussion answers your questions.; Standard No. 301 sets performance requirements to reduce fuel syste spillage in a crash. If a trailer hitch is installed on a *new* car prior to the car being first sold to a consumer, the person installing the trailer hitch would be considered a vehicle alterer under our certification regulation (49 CFR Part 567), a copy of which is enclosed. Under Part 567.7, a vehicle alterer is required to certify that the vehicle, as altered, still conforms with all applicable safety standards.; The installation of a trailer hitch on a used car would be affected b section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act. Section 108(a)(2)(A) provides that:; >>>No manufacturer, distributor, dealer or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . .<<<; Thus, in installing trailer hitches on a used car, a commercia business must ensure that it has not knowingly compromised the integrity of the fuel system.; In addition, a manufacturer of motor vehicle equipment, such as trailer hitch, is subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. I have enclosed an information sheet which briefly describes how our defect regulations affect equipment manufacturers.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3067OpenMr. D. J. Arneson, Box 141, Southbury, CT 06488; Mr. D. J. Arneson Box 141 Southbury CT 06488; Dear Mr. Arneson: This is in response to your letter of June 27, 1979, which inquire whether there are any regulations governing the installation of a propane-fueled engine, or the conversation of a gasoline-fueled engine to a propane-fueled engine, in vehicles registered for use on Federal, State, and local highways.; To date, the National Highway Traffic Safety Administration (NHTSA) ha not exercised its authority pursuant to the National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1381 *et seq.*) (the Act), to issue a safety standard applicable to propane-powered vehicles. Federal Motor Vehicle Safety Standard No. 301-75, *Fuel System Integrity*, applies only to vehicles which use fuel with a boiling point above 32 degrees Fahrenheit., and propane has a boiling point well below this temperature. Despite the absence of safety standards specifically applicable to propane-powered engines, however, an installer of these systems may be subject to other Federal requirements.; Under NHTSA safety regulations, a person who alters a new vehicle prio to its first purchase in good faith for purposes other than resale is required to attach an additional label to the vehicle certifying that, as altered, the vehicle remains in compliance with all applicable safety standards (49 CFR 567.7). This requirement would apply to a person who alters a new vehicle to install a propane fuel system. (See the enclosed pamphlet listing the Federal motor vehicle safety standards and an information sheet explaining where to obtain copies of the standards.) Additionally, should a noncompliance or safety-related defect be discovered in such a vehicle, as a result of the modification, the alterer could be liable for a civil penalty unless he or she could establish that he or she did not have actual knowledge of the noncompliance and that he or she did not have reason to know in the exercise of due care that the vehicle did not comply. (Section 108(b)(2)) Defects in the propane-fueled engines or in components used for converting a gasoline-fueled engine would be the responsibility of their manufacturers, regardless of whether they were installed in new or used vehicles. Upon discovery of a safety-related defect by either the Secretary of Transportation, the NHTSA Administrator or the manufacturer himself, the manufacturer would be required to notify vehicle owners, purchasers, and dealers and provide a remedy for the defect.; A person who installs a propane- fueled engine or converts th gasoline-fueled engine in a used vehicle is not required to affix an alterer's label. However, if that person is a manufacturer, distributor, dealer, or motor vehicle repair business, he must not knowingly render inoperative any device or element of design originally installed in the vehicle in compliance with applicable safety standards. (Section 108(a)(2)(A) of the Act); I hope that you will find this response helpful and have not bee inconvenienced by our delay in sending it to you.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1735OpenMr. Robert A. Danis, Carlton Manufacturing Company, 1152 High Street, Central Falls, Rhode Island 02863; Mr. Robert A. Danis Carlton Manufacturing Company 1152 High Street Central Falls Rhode Island 02863; Dear Mr. Danis: This is in response to your letter of October 23, 1974, requesting ou comments on your West Coast type mirror (which includes a ground-in convex spot mirror) and information on Federal regulations for spot mirrors in general.; Standard No. 111, *Rearview Mirrors*, provides minimum performanc requirements for rearview mirrors on passenger cars and multipurpose passenger vehicles. According to the standard, the outside rearview mirror required to be placed on the driver's side of the vehicle must be furnish the driver with a specified field of view to the rear of substantially unit magnification. As long as the mirror is capable of satisfying these field view requirements, the inclusion of a convex spot mirror no the plane mirror (as with the West Coast mirror) is not prohibited by the standard. If your West Coast type mirror is capable of providing the required view of substantially unit magnification independent of its convex spot mirror, it will comply with the standard.; The recent notice proposing to amend the rearview mirror standard (Ma 1, 1974, 39 FR 15143), does not alter the above described permissible use of West Coast type mirrors. No requirements for spot mirrors are contained in the Federal motor vehicle safety standards.; We appreciate your interest. Yours truly, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam3708OpenMr. William E. Meiter, Middletown Van Pool Association, 60 Wallace Road, Middletown, NJ 00748; Mr. William E. Meiter Middletown Van Pool Association 60 Wallace Road Middletown NJ 00748; Dear Mr. Meiter: This responds to your note of May 27, 1983, attaching correspondenc between yourself and a District Manager for Ford Motor Company. You requested that we investigate the Ford E-150 van (which you state is a 15-passenger van) to determine if the stated Gross Vehicle Weight Rating of that vehicle is accurate.; Each manufacturer of a motor vehicle is required by the agency' regulations to place a certification label on the vehicle specifying that the vehicle is in compliance with all Federal motor vehicle safety standards and regulations (issued pursuant to the National Traffic and Motor Vehicle Safety Act of 1966). This certification label must include information regarding the vehicle's Gross Vehicle Weight Rating, as specified in 49 CFR 567.4(g)(3):; >>>(3) 'Gross Vehicle Weight Rating' or 'GVWR', followed by th appropriate value in pounds, which shall not be less than the sum of the unloaded vehicle weight, rated cargo load, and 150 pounds times the vehicle's designated seating capacity. However, for school buses the minimum occupant weight allowance shall be 120 pounds.'<<<; Thus, you are correct in your assumption that the GVWR for 15-passenger vehicle would have to include 2,250 pounds for occupant weight. Further, if a 15- passenger vehicle has a stated GVWR of 6,200 pounds, its unloaded vehicle weight could not exceed 3,950 pounds. I cannot state whether the Ford E-150 van has an unloaded vehicle weight in excess of this figure. However, I am sending a copy of your correspondence to our Office of Enforcement so that they may review this matter.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam0827OpenMr. Roald Haugan, Director of Engineering, Airtex, 3558 Second Street North, Minneapolis, MN, 55412; Mr. Roald Haugan Director of Engineering Airtex 3558 Second Street North Minneapolis MN 55412; Dear Mr. Haugan: This is in reply to your letter of June 28, 1972, concerning th application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials'. You raise several questions in your letter which are restated below.>>>1. 'To which of the following does the law apply as of September 1, 1972:; a. New vehicles produced after that date. Standard No. 302 applies to all passenger cars, multipurpose vehicles trucks and buses manufactured on or after September 1, 1972.; b. 'New vehicles produced before that date, but *sold* to the publi after that date.'; Standard No. 302 applies only to vehicles manufactured on or afte September 1, 1972, and does not apply to vehicles manufactured before September 1, 1972, but sold to the public after that date.; c. 'Materials for interior repairs (replace headliner, etc.) made afte that date on vehicles produced *before* that date.'; d. 'Materials for interior repairs made after that date on vehicle produced after that date.'; e. 'Products designed for use in vehicles which are not origina equipment and usually not sold by auto dealers, but sold by after-market merchandisers - such items as infant seats, infant car beds, station wagon mattresses, elevating cushions, seat covers, pillows, speaker grills, curtains, gadget holders, litter bags, etc? If 'yes' to some or all of these, is it for those items *produced* by the original manufacturer or *shipped* to distributors or *sold* to the public after the Sept. 1 date?; Standard No. 302 does not apply to replacement parts or aftermarke materials irrespective of the date of their manufacture, shipment to distributors, or sale to the public.; 2. Standard No. 302 applies to passenger cars, multipurpose passenge vehicles, trucks, and buses manufactured on or after September 1, 1972. Among the vehicles you have listed, only the following are included under one of the classes to which the Standard is applicable: Jeeps, dune buggies (where constructed on a new chassis), motor coaches, motor homes, chassis mounted coaches, fire trucks, ambulances, and hearses.; 3. You ask whether testing the removable covering for seat cushions i motor coaches must include the zipper and the welting, and whether the fabric on 'non-visible surfaces' must be tested together with the fabric on the visible surfaces or not at all.; The zipper and the welting are considered part of the seat cover an would be included in the testing of the cover. The surface of the seat covering, irrespective of its visibility, must meet the requirements of the Standard. In your case, since the fabric on the visible surfaces differ from that on the non-visible surfaces, each of these fabrics must meet the requirements of the Standard.; 4. You ask whether the plastic foam used for cushioning in the mattres of a station wagon or multipurpose vehicle is subject to the Standard.; S4.2 of the Standard lists mattress covers only, and does not apply t the filling of the mattress.; 5. You ask whether the 'boot' on a pick-up camper is subject to th Standard.; We would not consider the boot as you describe it to be part of th truck, and it would not therefore be subject to the Standard.<<<; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4537OpenMr. Jim Schuld Mill Supply Inc. 3241 Superior Avenue Cleveland, OH 44114; Mr. Jim Schuld Mill Supply Inc. 3241 Superior Avenue Cleveland OH 44114; "Dear Mr. Schuld: This responds to your letter asking for informatio concerning the application of Federal safety standards to your manufacture of a jump seat that you said would be 'removable and able to be transferred from one truck to another.' I apologize for the delay in responding. Generally, Federal motor vehicle seating standards apply to motor vehicles prior to their first purchase by a consumer, and not to 'aftermarket' seating components added to a vehicle after such purchase. However, several of our safety standards could apply to your product if the seat is installed in a new vehicle prior to the vehicle's first sale to a consumer. Federal law would also affect your installation of the jump seat in new or used vehicles. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our Federal motor vehicle safety standards. Instead, under the National Traffic and Motor Vehicle Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information provided in your letter. There is currently no Federal motor vehicle safety standard that is directly applicable to a removable jump seat sold directly to a consumer. Federal seating standards generally apply only to completed new motor vehicles and not to items of equipment such as a removable jump seat. However, as a manufacturer of motor vehicle equipment, you are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your jump seats contain a safety related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. If your product will be installed on a new vehicle prior to the vehicle's first sale to a consumer, then the manufacturer of the vehicle will have certain responsibilities relating to its obligation under the Safety Act to certify the new vehicle as meeting all applicable Federal motor vehicle safety standards. Federal standards for seating systems (Standard No. 207) and crash protection (Standard No. 208) apply to designated seating positions in new vehicles. While these standards do not apply to auxiliary seating accommodations (e.g., temporary or folding jump seats), the determination must be made whether your apparatus falls into this latter category and is thus excluded from coverage. Unfortunately, information provided in your letter did not describe your jump seat in sufficient detail for us to offer an opinion as to whether your particular seat is an auxiliary seating accommodation. Photographs or engineering diagrams of your product would assist us in determining whether the seat would be considered an auxiliary seating accommodation, and thus excluded from coverage under Standard Nos. 207 and 208 if installed on new vehicles. Another Federal standard to which the vehicle manufacturer must certify its vehicle as conforming is Standard No. 302, Flammability of Interior Materials. This standard establishes flammability requirements that must be met by certain vehicle components including seat cushions and seat backs on any occupant seat installed in a new vehicle prior to the vehicle's first sale to a consumer. A manufacturer installing your jump seat on a new vehicle would thus be required to ensure that any seat cushion or seat back on your product conforms to the flammability resistance requirements of the standard. You should also be aware that there are statutory considerations that affect the installation of your jump seats in new and used vehicles. Section 108(a)(2)(A) of the Vehicle Safety Act specifies: 'No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...' This section requires manufacturers, distributors, dealers or motor vehicle repair businesses (i.e., any person holding him or herself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation) installing the jump seat to ensure that the addition of the apparatus would not negatively affect the compliance of any component or design on a vehicle with applicable Federal safety standards. For example, the commercial entity must ensure that the addition of the jump seat does not degrade from the safety of existing seating or occupant protection systems on the vehicle. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of 108. In summary, removable jump seats sold to motor vehicle owners as items of aftermarket equipment are not subject to any Federal motor vehicle safety standard. The seat could be subject to Federal standards for seating performance and occupant crash and flammability protection if it is installed on new vehicles prior to the vehicle's first sale. Commercial businesses are prohibited from installing the jump seat if the result renders inoperative the compliance of requisite safety components or designs with Federal safety standards. Individual owners, however, are not covered by 108(a)(2)(A) and may themselves install the jump seat in their vehicles without regard to the rendering inoperative prohibition of the Safety Act. To repeat, you as the equipment manufacturer would be obligated to recall and remedy seats that contain a defect related to motor vehicle safety, even if the seats were installed by vehicle owners themselves. Please feel free to contact us if you have further questions. Sincerely, Erika Z. Jones Chief Counsel Enclosure"; |
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ID: aiam1365OpenIrvin Jacobs, M.D., Corner Sterling & Machell Avenues, Dallas, Pennsylvania 18612; Irvin Jacobs M.D. Corner Sterling & Machell Avenues Dallas Pennsylvania 18612; Dear Mr. Jacobs: This is in reply to your letter of November 21, 1973 to 'U.S. Bureau o Safety' expressing your view that 'the automobile industry should ... have some type of clutch to reverse action when the closing motion of the (power) window meets any resistance.'; I enclose a copy of Federal Motor Vehicle Safety Standard No. 11 *Power-operated Window Systems* which has applied to all passenger cars and multipurpose passenger vehicles with power windows manufactured since February 1, 1971. The objective of the standard is to minimize the likelihood of injury or death occurring when a person is caught between a closing window and its frame, channel, or seat. The NHTSA determined that the most cost-effective way to accomplish this objective was by prohibiting operation of power windows when the ignition key is either in the ignition 'off' position or removed. As you will see from the enclosure, consideration was given to mechanisms that would reverse the direction of the window.; We appreciate your interest in motor vehicle safety. Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam3358OpenMr. Paul R. Hingtgen, 7104 San Bartolo, Carlsbad, California 92008; Mr. Paul R. Hingtgen 7104 San Bartolo Carlsbad California 92008; Dear Mr. Hingtgen: This is in reply to your letter of August 13, 1980, requestin information concerning all Federal Motor Vehicle Safety Standards relevant to the manufacture and sale of an auxiliary wind deflector.; The National traffic and Motor Vehicle Safety Act of 1966, as amende (the Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal Motor Vehicle Safety Standards which are applicable to motor vehicles or motor vehicle equipment. Based upon the information you have provided, it is our opinion that you wind deflector is subject to Safety Standard No. 205, 'Glazing Materials' (copy enclosed). Incorporating by reference 'ANSZ26,' the American National Standard's Safety Code for Glazing Materials, Safety Standard No. 205 specifies performance requirements for various types of glazing and also the location in vehicles in which each type of glazing may be used. Under the requirements of this standard, an auxiliary wind deflector to be used on a passenger vehicle at levels requisite for driving ability may be manufactured out of either Item 1, Item 2, Item 4, Item 10, or Item 11 glazing materials, depending upon its proposed location on the vehicle (the various types of glazing are designated as 'Items' in the standard). Thus the material you propose to use is acceptable since it is Plexiglass or Acuylite having an Item 4 rating, which may be used as a wind deflector placed on the side window of a vehicle. Such AS-4 glazing material must of course meet Test No. 2, 'Luminous Transmittance,' which requires that the material 'show regular (parallel) luminous transmittance of not less than 70 percent of the light, at normal incidence, both before and after irradiation.'; Safety Standard No. 205 also sets forth specific certification an marking requirements. The requirements for prime glazing material manufacturers (those who fabricate, laminate, or temper the glazing material) are set out in paragraphs S6.1-S6.3. While not Explicitly stated in you letter, it appears that you do not manufacture the glazing you use in your deflector, but instead purchase it from a prime glazing manufacturer and then cut it youself(sic). If this assumption is correct, then you are set out in Paragraphs S6.4 and S6.5. By reference to section 6 of ANS Z26, you are required under this paragraph to mark any section of glazing that you cut with the same words, designations, characters, and numerals as the piece of glazing from which it was taken. This means that you would stamp your product with markings identical to those found on the acrylic sheets you purchased. Each item must also be certified pursuant to section 114 of the Act. Section 114 provides that an item of motor vehicle equipment may be certified by means of a label or tag on the item or on the outside of a container in which the equipment is delivered. The label or tag must state that the item of motor vehicle equipment complies with all applicable motor vehicle safety standards, which in this case would be Safety Standard No. 205.; Under Section 108(a)(1)(A) and (b)(1) of the Act, new motor vehicl equipment such as wind deflectors must comply with applicable safety standards prior to its first purchase by someone for purposes other than resale. The manufacture or installation of a wind deflector that does not conform to the standard, or the installation in a new vehicle in a location that is not provided for in Standard No. 205, would be a violation of section 108(a)(1)(A). Under Section 109, anyone who violates section 108(a)(1)(A) is subject to a civil penalty up to $1,000 for each violation.; After the first purchase of the equipment for purposes other tha resale, i.e., its purchase by a consumer, tampering with the equipment is limited by Section 108(a)(2)(A). This section prohibits certain entities an persons from knowingly removing, disconnecting, or reducing performance of equipment or elements of design installed on a vehicle in accordance with applicable safety standards. The prohibition applies only to manufacturers, distributors, and dealers of motor vehicles and motor vehicle equipment, and to motor vehicle repair businesses. There is no prohibition against an individual person modifying his or her own vehicle or equipment. Section 109 provides a civil penalty of up to $1,000 for each violation of this section.; Manufacturers of motor vehicle equipment also have responsibilitie under the Act regarding safety defects. Under Section 151 *et seq*., such manufacturers must notify purchasers about safety-related defects and remedy such defects free of charge. Again, Section 109 imposes a civil penalty of up to $1,000 upon any person who fails to provide notification of or remedy for a defect in motor vehicle equipment.; We hope you find this information helpful. Please contact this offic if you have any more questions.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4167OpenMs. Connie Hafenstine, Chief, Bureau of Personnel Services, Mr. Noble Morrell, Assistant Personnel Director, Kansas Department of Transportation, State Office Building, Topeka, KS 66612-1568; Ms. Connie Hafenstine Chief Bureau of Personnel Services Mr. Noble Morrell Assistant Personnel Director Kansas Department of Transportation State Office Building Topeka KS 66612-1568; Dear Ms. Hafentine and Mr. Morrell: This responds to your February 19, 1986, letter to the National Highwa Traffic Safety Administration (NHTSA) concerning a school district's modification of its 1985 school bus to accommodate a handicapped student. You asked for our opinion on the district's plan to remove the bench seat located directly behind the driver's seat. This modification is proposed in order to provide necessary leg room for a handicapped child who would occupy the bench seat rearwards of the removed seat.; While you explained that the work on the school bus would probably b performed by the school district itself, you requested us to clarify our requirements for commercial parties modifying used vehicles. The National Traffic and Motor Vehicle Safety Act, which authorizes NHTSA to issue safety standards applicable to the manufacture and sale of new motor vehicles, includes section 108(a)(2)(A) regulating the modification of safety systems on used motor vehicles. Section 108(a)(2)(A) prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative any device or element of design installed in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard. This means that Federal law would prohibit a commercial business from degrading or removing the level of safety provided by the equipment or designs of your school bus.; You explained that your school bus was certified as meeting ou 'compartmentalization' requirements for school bus passenger protection. Compartmentalization provides occupant protection by seat spacing, padding and strength requirements. It is therefore likely that removing a school bus seat would render inoperative the vehicle's compliance with the requirements for compartmentalization since school bus seats are central to that system of occupant protection. As a result, a commercial business would violate S108(a)(2)(A) by removing the bench seat in question if no properly padded restraining device were provided within the distance specified in Standard No. 222 for seat spacing. Violation of S108(a)(2)(A) is subject to a maximum civil penalty of $1,000 for each violation.; NHTSA is aware that situations may exist where a vehicle must b modified by a commercial facility to accommodate the special needs of a handicapped person. We have been willing to consider some of those modifications and resultant violations of S108(a)(2)(A) as being justified by public need, and have exercised our discretion not to take any enforcement action. Such an exception would be made in your situation if removing the school bus seat were necessary to accommodate a student's physical handicaps. However, we urge you to label the bench seat rearward of the removed seat in some manner that will identify it is appropriate only for transporting a handicapped student and distinguish it from a regular school bus seat. Further, if the seat would be capable of being used by other school children, we strongly recommend that a mode of occupant protection be provided to all occupants of the seat, and that the level of protection is as safe as that originally provided by the school bus before the modification was made.; Section 108(a)(2)(A) applies only to commercial-type businesses whic modify used vehicles. It does not apply to an owner, such as a state or a school district, modifying its own vehicles. Accordingly, Federal law would not prohibit the school district from removing the bench seat on its school bus nor restrict the removal in any manner. Again, however, we do strongly recommend that you ensure that the bench seat rearward of the removed seat is labeled and that an appropriate mode of occupant protection is provided to all children who would occupy it.; The modification of the bus would, of course, still have to comply wit any applicable state laws. You should contact your attorney and insurance company to discuss the effect of state law on your modification as well as private liability issues, since your planned modification might affect the vehicle's compliance with safety standards.; I hope this information is helpful. If you have any further questions please contact my office.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam2119OpenMr. Frank W. Linnell, Linnell, Choate & Webber, Attorneys at Law, 83 Pleasant Street, Auburn, ME 04210; Mr. Frank W. Linnell Linnell Choate & Webber Attorneys at Law 83 Pleasant Street Auburn ME 04210; Dear Mr. Linnell: This is in further reply to your letter of October 7, 1975, concernin regulations applicable to vehicles which a client of yours proposes to manufacture. A copy of your letter was forwarded to the National Highway Traffic Safety Administration (NHTSA) by the Federal Highway Administration's Bureau of Motor Carrier Safety.; The NHTSA issues Federal motor vehicle safety standards to which moto vehicles must conform. In addition, the agency requires the manufacturer to certify that the vehicle as completed complies with applicable safety standards. A pamphlet summarizing the Federal motor vehicle safety standards is enclosed, along with a copy of the regulations governing vehicle certification and an information sheet entitled 'Where to Obtain Motor Vehicle Safety Standards and Regulations.' The safety standards themselves are set forth in their entirety in Part 571 of Volume 49 of the Code of Federal Regulations.; The NHTSA also investigates safety-related defects and noncompliance with safety standards in motor vehicles and items of motor vehicle equipment. If the agency or the manufacturer determine that a safety-related defect or noncompliance exists, the manufacturer is obligated to notify the vehicle owners and remedy the problem without charge. A copy of the provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended, which deal with the responsibilities of manufacturers for safety-related defects and noncompliances in their motor vehicles or item of vehicle equipment (15 U.S.C. SS 1411-1420) is also enclosed.; If you have any questions concerning a specific regulation or standard please write.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.