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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.

Reasons interpretation letters in this database may not be applicable 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.

More search options

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

Displaying 1221 - 1230 of 2066

Interpretations	Date
search results table
ID: aiam3453 Open Mr. Mick W. Blakely, C. F. Liebert, Inc., P. O. Box Drawer L, Blaine, WA 98230; Mr. Mick W. Blakely C. F. Liebert Inc. P. O. Box Drawer L Blaine WA 98230; Dear Mr. Blakely: This responds to your letter of April 7, 1981, concerning 'Oil Wel Service Rigs.' Please accept our apologies for the lateness of our reply. You ask whether NHTSA considers oil well service rigs to be off-road vehicles.; The National Highway Traffic Safety Administration issues safet standards for 'motor vehicles'. Therefore, our regulations apply to a vehicle and its manufacturer only if the vehicle qualifies as a motor vehicle under the provisions of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act). Section 102(3) of the Act defines motor vehicle as:; >>>Any vehicle driven or drawn by mechanical power manufacture primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.<<<<; Thus, a motor vehicle is a vehicle which the manufacturer expects wil use public highways as part of its intended function; Tracked and other vehicles incapable of highway travel are not moto vehicles. In addition, vehicles intended and sold solely for off-road use (e.g. aircraft runway vehicles and underground mining vehicles are not considered to be motor vehicles even if operationally capable of highway travel. They would, however, be considered motor vehicles if the manufacturer knew that a substantial proportion of his customers actually would use them on the highway.; Just as clearly, vehicles which use the highway on a necessary an recurring basis to move between work sites are motor vehicles. The primary function of some vehicles is of a mobile, work- performing nature and as such their manufacturer contemplate a primary use of the highway. Rigs and towed equipment such as chippers and pull-type street sweepers are examples in this area. Even if the equipment uses highways infrequently, it is considered a motor vehicle on the same basis as is a 'mobile structure trailer' which is often towed only once from the factory to the home site. All these motor vehicles qualify as trucks or trailers. As such, they are subject to several of the motor vehicle safety standards, and the manufacturer must comply with other regulations in Chapter V of Title 49, Code of Federal Regulations. (However, the United States Court of Appeals for the Seventh Circuit has affirmed the District Court's decision that mobile construction equipment does not fall within the definition of 'motor vehicles' found in section 102(3) of the Act. Koehring Co. v. Adams, 452 F. Supp. 635 (E.D. Wis. 1978), aff'd., 605 F.2d 280 (7th Cir. 1979). The agency construes the opinion to apply only to the specific equipment at issue in Koehring Co., i.e. mobile excavators, and mobile well drills.); There are some vehicles which are excepted from the motor vehicl classification despite their use of the highway. Highway maintenance and construction equipment lane stripers, self-propelled asphalt pavers, and other vehicles whose maximum speed does not exceed 20 miles per hour and whose abnormal configuration distinguishes them from the traffic flow are not considered motor vehicle.; In your letter you state that oil well service rigs were designed fo off road use and use the highways infrequently. You also state that oil well service rigs can travel on the highways only when a special permit has been obtained because the vehicles are oversize. We assume that since a special permit is required for the use of such vehicles on the highway, oil well service rigs cannot travel unescorted on public roads. On the basis of the representations contained in your letter, and the assumptions we have made, we have determined that the oil well service rigs manufactured by Mainland Manufacturing are not 'motor vehicles' for purposes of the Act and Form HS-7. This is because an oil well service rig uses the highways infrequently and is distinguished by its escorts from the normal flow of traffic.; We hope you find this information helpful. Please contact this offic if you have further questions.; Sincerely, Frank Berndt, Chief Counsel
ID: aiam2724 Open Mr. R. E. Billman, Project Engineer, AM General Corporation, 32500 Van Born Road, Wayne, MI 48184; Mr. R. E. Billman Project Engineer AM General Corporation 32500 Van Born Road Wayne MI 48184; Dear Mr. Billman: This responds to your October 17, 1977, request for confirmation tha the brake system of the M.A.N. articulated transit bus to be imported by AM General conforms to S5.1.4, S5.3.3, S5.3.4, S5.4, and S5.6.4 of Standard No. 121, Air Brake Systems. An October 17, 1977, letter from the National Highway Traffic Safety Administration (NHTSA) to Mr. Shillinger of AM General has already answered your question concerning S5.1.2.3 of the standard.; Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safet Act (the Act) (15 U.S.C. S 1397(a)(1)(A)) requires, among other things, that no person manufacture or sell any motor vehicle manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect unless it is in conformity with such standard. As the manufacturer of AM General Transit buses, I am sure you are aware that this provision makes it impossible for the NHTSA to 'approve' the compliance of a brake system in advance of manufacture of the vehicle because there can be no certainty that the vehicle as manufactured will actually comply.; In response to your statement that the bus must be tested to S5.4, 108(b)(2) of the Act provides that S 108(a)(1)(A) shall not apply to any person who establishes that he did not have reason to know, in the exercise of due care, that a vehicle is not in conformity with an applicable standard. The NHTSA has always interpreted 'due care' to mean that a manufacturer is free to use whatever method is reasonably calculated to assure itself that its products, if tested, would conform to the standard's requirements. Thus, dynamometer testing of the brakes on each bus would not be necessary if the manufacturer can, in the exercise of due care, assure itself on a reasonable basis, such as engineering calculations, that its products are capable of complying with the standard.; The NHTSA can confirm that S5.3.1 specifies that the tested vehicle b capable of stopping at least once in six stops in the specified stopping distance, within the 12-foot wide roadway, and without lockup of any wheel above 10 mph other than 'controlled lockup.' Section S5.3.1 specifies 'no lockup' performance and can be met by any design, including one which incorporates 'load sensing devices' that provide the specified performance.; Section S5.1.4 specifies '[a] pressure gauge in each service brak system . . . that indicates the service reservoir system air pressure.' In the case of the M.A.N. articulated transit bus, each of the three service brake circuits must be monitored by a gauge readily visible to the driver. The agency takes no position on the wisdom of deleting pressure gauges that monitor brake chamber air pressure.; Section S5.3.3 and S5.3.4 specify minimum actuation and release time for the service brakes, measuring the time to achieve 60 p.s.i. during actuation and the time to drop from 95 p.s.i. to 5 p.s.i. during release. While these 60- and 95-p.s.i. benchmarks appear in the standard, an interpretation of them has been issued because at least one manufacturer is using a maximum air pressure that is less than the benchmarks. I enclose a copy of the clarification to answer your question.; Your question about S5.6.4 is unclear, but the NHTSA can confirm tha the control lever that you showed to the NHTSA appeares (sic) to be identified in a manner that specifies the method of control operation. As we understand it, the arrow suggesting clockwise rotation of the handle, in conjunction with the word 'park', are intended to identify how to apply the parking brake. This interpretation only addresses an arrangement in which parking brake release is the opposite of parking brake application.; Sincerely, Joseph J. Levin, Jr., Chief Counsel
ID: aiam3617 Open Mr. J. L. Campbell, Jr., 12813 95th Avenue, N.E., Kirkland, WA 98033; Mr. J. L. Campbell Jr. 12813 95th Avenue N.E. Kirkland WA 98033; Dear Mr. Campbell: I have recently received a copy of your letter to Senator Gorto concerning the difficulties small manufacturers of motor vehicles have in complying with Federal standards. To alleviate these difficulties, you suggested that blanket exemptions from the bumper regulations and the Federal motor vehicle safety standard on side door strength be granted to all 4-wheel vehicles under 800 pounds dry weight.; As explained more fully below, this agency does not have authority fro Congress to grant an exemption from the bumper standard for the ultra-lightweight vehicles you describe. Such authority would require new legislation. However, we do have authority either to exclude all of those vehicles from the side door strength standard or to exempt particular manufacturers of those vehicles from that standard.; Congress set forth the guidelines under which this agency could issu exemptions from the bumper standards in section 102(c)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1912(c)(1). Exemptions may be granted only to passenger motor vehicles manufactured for a special use. While neither the Cost Savings Act nor this agency has defined 'special use', the Cost Savings Act is explicit that a vehicle can be exempted only if two conditions are met: (1) the vehicle is manufactured for a special use, (2) compliance with the bumper standard would unreasonably interfere with that use. The example Congress cited for such a vehicle was a Jeep with snow removal equipment on the front. The agency believes that the purpose of an ultra-lightweight passenger vehicle is essentially the same as that of a lightweight vwehicle such as the Toyota Starlet, Honda Civic or Ford Escort, i.e., to carry passengers. The agency does not view that purpose to be a special use within the meaning of section 102. Further, even if the first condition could be met, it is not clear that the second one could be. Hence, an amendment to the Cost Savings Act would have to be made by the Congress before we could grant an exemption from the bumper standard to your ultra-lightweight passenger motor vehicles.; Concerning your request regarding Standard No. 214, side door strength NHTSA formerly excepted motor vehicles (other than trailers and motorcycles) of 1,000 pounds or less curb weight from all safety standards. However, that exception was eliminated in 1973 (38 F.R. 12808, May 16, 1973). At that time, the agency stated that manufacturers seeking relief from compliance problems peculiar to these vehicles could either petition for amendments to individual standards or petition for an exemption under section 123 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1410).; These options remain the ones available to manufacturers o ultra-lightweight vehicles. Thus, one option is to submit a petition for rulemaking under 49 CFR Part 552 requesting the agency to amend Standard No. 214 to exclude those vehicles from that standard's applicability provision. I should point out that few, if any, petitions of this type have been submitted since the agency's May 1973 notice and none have been granted. Also, you should be aware that the rulemaking process is often a lengthy one.; The other option is for a manufacturer to submit a petition for th exemption of his vehicles from a particular standard. I have enclosed a copy of 49 CFR Part 555 which sets forth the information that a manufacturer must include in its petition. Exemption petitions are not uncommon and are often granted at least in part. Also, because fewer procedural steps are necessary, the exemption process is typically much faster than the amendment process. Should you wish to submit an exemption petition, you may find useful the enclosed copies of section 123 of the Safety Act and Standard No. 214, Side Door Strength (49 CFR S 571.214).; If you need any further assistance or information on either of thes subjects, please do not hesitate to contact me. We try to minimize the regulatory difficulties experienced by small manufacturers to the extent we can do so consistent with our legislative authority.; Sincerely, Frank Berndt, Chief Counsel
ID: aiam5452 Open Victor Larson, P.E. Cryenco, Inc. 3811 Joliet Street Denver, CO 80238; Victor Larson P.E. Cryenco Inc. 3811 Joliet Street Denver CO 80238; "Dear Mr. Larson: This responds to your FAX of May 17, 1994, wit reference to the application of conspicuity material to the sides of cryogenic tank trailers. You point out that the only side mounting surface for striping that is perpendicular to the road is at the center of the tank, approximately 90 inches above the road surface. You ask for confirmation of your interpretation that conspicuity material can be placed at this location 'if that is the only available mounting area' and that it is not necessary to add additional structure for the sole purpose of providing a lower vertical mounting surface. We confirm your understanding. Standard No. 108 specified an original mounting height for conspicuity material as close as practicable to 1.25 m. However, in a notice published on October 6, 1993, NHTSA amended the requirement to 'as close as practicable to not less than 375 mm and not more than 1525 mm above the road surface.' The practicability qualification allows manufacturers to choose a location for conspicuity treatment that is outside the specified range to avoid body modifications that might otherwise be required to mount the material within the specified range. The manufacturers of conspicuity material certify its performance in a vertical plane. Trailer manufacturers should mount the material in a vertical plane or as close to a vertical plane as the trailer shape offers, in order to achieve the full conspicuity benefits of the material. In the case of your tank trailer without a suitable vertical surface below the belt line of the tank, reflective material at a belt line that is 90 inches above the road surface would be considered to have been mounted as close as practicable to the upper specification of the height range (1.525 m). As NHTSA observed when it adopted the original mounting height specification with its practicability provision, flexibility in the vertical location of conspicuity material is necessary for compliance of some tank trailers. However, it should not be overlooked that other types of tank trailers may have vertical surfaces on the frame, fenders, or other equipment well suited for conspicuity material. You inform us that some trailers have rear and midship cabinets that could be used, in conjunction with the belt line location, to provide a location for striping, although this would result in a non-aligned striping pattern. With respect to trailers equipped with cabinets, you asked whether compliance would be satisfied if only the belt-line location is used. The answer is yes, provided that the requirement of paragraph S5.7.1.4.2(a) is met, i.e., which provides that 'the strip need not be continuous as long as not less than half of the length of the trailer is covered and the spaces are distributed as evenly as practicable.' Since the strip need not be continuous, this would allow discontinuities in a strip mounted at 90 inches in which the cabinets were not used. Your final question is the required orientation of striping for conspicuity, some of your customers have requested placement of material at a downward angle of approximately 30 degrees to accommodate their graphics better. The standard does not explicitly address the issue of orientation. However, as noted in response to your first question, trailer manufacturers should mount conspicuity material in a vertical plane, or as nearly thereto as the trailer shape allows, so that the full conspicuity benefits of the material may be realized. If there is no available vertical surface on which the material can be mounted, we urge that a wider stripe of conspicuity material be used to provide the minimum required performance at the installed downward angle. The manufacturer of the conspicuity material which you use should be able to determine whether an increase in the width of the striping would allow the material mounted at or near the downward angle that your customer prefers to provide performance comparable to a narrower strip mounted in a vertical plane. Sincerely, Philip R. Recht Chief Counsel";
ID: aiam4982 Open Mr. Michael J. Sens Researcher S.E.A., Inc. 7349 Worthington-Galena Road Columbus, OH 43085; Mr. Michael J. Sens Researcher S.E.A. Inc. 7349 Worthington-Galena Road Columbus OH 43085; "Dear Mr. Sens: This responds to your letter to me dated March 26 1992, in which you sought our interpretation of whether the requirements of Federal Motor Vehicle Safety Standards 206, Door Locks and Door Retention Components, 214, Side Door Strength, and 216, Roof Crush Resistance--Passenger Cars,, applied to a 1985 American Motors Corporation (AMC) Jeep CJ- 7. You stated in your letter that AMC classified the vehicle as a 'sport utility vehicle' and that it came with a soft top or an optional fiberglass top, both with removable side doors. By way of background information, the National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act), 15 U.S.C., 1381, et seq., as amended, authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards for new motor vehicles and items of motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards. In accordance with 49 CFR 567, Certification, manufacturers of motor vehicles must certify that their products comply with all such standards. Each safety standard applies to specified 'types' of motor vehicles and/or motor vehicle equipment. Motor vehicles are classified into the following types: passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, and motorcycles. A definition for each motor vehicle type is set forth at 49 CFR 571.3. Thus, a 1985 AMC Jeep CJ-7 was required to comply with all safety standards that applied to its vehicle type at the time of its manufacture. In order to determine what safety standards applied to the vehicle, it is first necessary to establish its classification under Part 571.3. The Safety Act places the responsibility for classifying a particular vehicle in the first instance on the vehicle's manufacturer. For this reason, NHTSA does not approve or endorse any vehicle classification before the manufacturer itself has classified a particular vehicle. NHTSA may reexamine the manufacturer's classification during the course of any enforcement actions. While AMC may have marketed the 1985 AMC Jeep CJ-7 as a 'sport-utility vehicle,' it classified it as a multipurpose passenger vehicle for purposes of the Federal motor vehicle safety standards. The term 'multipurpose passenger vehicle' is defined in Part 571.3 as 'a motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.' It is our opinion that AMC's classification was appropriate, given that the 1985 Jeep CJ-7 is a 4-wheel drive vehicle with an approach angle of 33o, departure angle of 25o, breakdown angle of 18o, axle clearance of 7.8', and minimum running clearance of 8.1', and thus clearly has special features for occasional off-road operation. With specific reference to the three standards you inquired about concerning possible applicability to a 1985 AMC Jeep CJ-7, Standards 214 and 216 applied only to passenger cars at the time the CJ-7 was manufactured. See S2 of Standard 214 and and S3 of Standard 216. Since the 1985 AMC Jeep CJ-7 was classified as a multipurpose passenger vehicle and not a passenger car, those two standards, by their terms, did not apply to it. Standard 206, on the other hand, did apply to multipurpose passenger vehicles as well as passenger cars. However, S4 thereof provided in pertinent part: '. . . C omponents on folding doors, roll-up doors, doors that are designed to be easily attached to or removed from motor vehicles manufactured for operation without doors, . . . need not conform to this standard.' You indicated that the Jeep CJ-7 came with removable side doors, and we understand that the vehicle was manufactured for operation without doors. Accordingly, the AMC Jeep CJ-7 came within the above-quoted exception to Standard 206 and was not subject to its requirements. I hope the above information will be helpful to you. If you have any further questions or need additional information regarding this matter, please feel free to contact Walter Myers of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel";
ID: aiam3752 Open Moni Marcus, P. Eng., Chief Engineer, Flyer Industries Limited, 64 Hoka Street, Box 245 Transcona P.O., Winnipeg, Manitoba, Canada R2C 3T4; Moni Marcus P. Eng. Chief Engineer Flyer Industries Limited 64 Hoka Street Box 245 Transcona P.O. Winnipeg Manitoba Canada R2C 3T4; Dear Mr. Marcus: This responds to your letter to Mr. Kratzke of my staff, asking for clarification of the requirements of Standard No. 217, Bus Window Retention and Release (49 CFR S 571.217). You stated that your company's transit bus models use eight large windows as large as emergency exits to satisfy the emergency exit requirements of Standard No. 217, and that the entrance and exit doors are not classified as emergency doors. Accordingly, you stated that the entrance and exit doors do not 'have to be tested for Standard No. 217 requirements.' This is not wholly correct.; Standard No. 217 sets forth two basic requirements. These are (1 window retention requirements, which must be met by all windows in a new bus, except for the windshield, and (2) requirements applicable to emergency exits. As I pointed out in a letter to Mr. Moss, of your staff, the window retention requirements apply to all front door glazing which exceeds 8 inches in diameter, and this agency does test such glazing for compliance with the standard. Hence, while you may be correct in asserting that a door not designated as an emergency door would not be tested for compliance with the emergency exit requirements, you are incorrect if you are asserting that the glazing on such a door would not be tested for compliance with the window retention requirements.; Your letter went on to state that, although your entrance and exi doors are not classified as emergency exits, most local transit authorities have requested you to add a decal instructing people how to open the doors in case of an emergency. You then stated your opinion that the addition of these decals would not change the status of the doors to emergency exits, so the doors would not be required to meet the Standard No. 217 push force requirements applicable to emergency doors. This conclusion is incorrect.; Standard No. 217 specifies minimum criteria for emergency exits whic must be met by all new buses, and your letter states that your transit bus models do not need to count the entrance and exit doors on the buses to satisfy these criteria. Thus, absent other factors, those doors would not be required to comply with the portions of the standard applicable to emergency doors. However, affixing a decal, such as the one enclosed with your letter, in the area of those doors is labeling the door as an emergency exit. It is reasonable for riders of the bus to assume that a door which is labeled by the manufacturer with instructions in case of an emergency and which is intended by the local transit authority to be used as an exit in case of an emergency is in fact a door which can be used as an emergency exit. Given the likelihood of the use of the door as an emergency exit when it is so labeled, it is important that the door comply with the requirements applicable to emergency doors in Standard No. 217, and this agency has uniformly required this of all doors labeled with instructions for use in case of an emergency.; For your information, I have enclosed a copy of a letter reaching thi same conclusion which was sent to another manufacturer. Contrary to the understanding expressed in your letter, this agency has never sent a letter to a manufacturer stating that doors labeled with emergency instructions were not subject to the requirements of Standard No. 217 applicable to emergency doors.; Should you need any further information or have further questions o this subject, please contact Mr. Kratzke at this address or at (202) 426-2992.; Sincerely, Frank Berndt, Chief Counsel
ID: aiam2566 Open William R. Scott, Esq., Messrs. Allen & Korkowski & Associates, P. O. Box 337, Rantoul, IL 61866; William R. Scott Esq. Messrs. Allen & Korkowski & Associates P. O. Box 337 Rantoul IL 61866; Dear Mr. Scott: This is in reply to your letter of March 3, 1977, to Mr. Oates of thi office asking whether your client, a manufacturer of motorcycle accessories, is subject to requirements imposed by 49 CFR Parts 573, 576, and 577 and 15 U.S.C. 1402.; For your reference I am enclosing a copy of a new Part 577 whic becomes effective June 28, 1977, that implements Part B of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1411 et seq.) effective December 27, 1974. These new sections have superseded Section 1402, to which you referred. Since you apparently are unaware of these changes I am also enclosing a copy of the amended Act.; Because your client manufactures motor vehicle equipment other tha original equipment (i.e. accessories) its products appear to be 'replacement equipment' as defined by 15 U.S.C. 1419(2)(B). Since Parts 573 and 576 apply only to motor vehicle manufacturers and not to equipment manufacturers you are correct in your conclusion that these regulations are inapplicable to your client. We have proposed, however, that Part 573 be amended to apply to manufacturers of replacement equipment although no action has yet been taken on the proposal. I include a copy of that proposal.; You also asked about the applicability of Section 577.4 which you foun to be 'silent about the duty of manufacturers of motor vehicle equipment'. The Part 577 that you referenced reflects the statutory scheme that was in effect until December 27, 1974, under which a manufacturer of motor vehicle equipment (as contrasted with a vehicle manufacturer who also produced equipment) was not required to notify purchasers of safety-related defects or noncompliances which it, the manufacturer, had discovered. The equipment manufacturer's obligation to notify arose only upon determination of the existence of a safety-related defect or noncompliance by the NHTSA Administrator and in that event Section 577.5 requires the equipment manufacturer to follow the provisions of Section 577.4. The new statutory scheme of 15 U.S.C. 1411 et seq., as reflected in revised Section 577.5, now extends the notification and remedy obligation to safety-related defects and noncompliances discovered by manufacturers of replacement equipment.; Finally, you have asked if there is no duty to retain records how ca an equipment manufacturer 'observe the requirements of Part 577.4.' I assume what you mean is how can it notify 'the first purchaser (where known). . .and any subsequent purchaser to whom a warranty on such. . . item of equipment has been transferred'. The actual obligation of a manufacturer of replacement equipment today, however, is that established by 15 U.S.C. 1413(c)(3)(A), in effect since December 27, 1974, and it is to notify 'the most recent purchaser known to the manufacturer' (See also new Section 577.7(a)(2)(ii)(A). Congress appears to have recognized that manufacturers of small and less expensive items of motor vehicle equipment generally may not keep records of ultimate purchasers when it authorized our agency to issue a public notice when the public interest requires it (15 U.S.C. 1413(c)(3)(B)). Since there is no obligation for a manufacturer to know the names of its purchasers, NHTSA will accept in good faith an equipment manufacturer's statement as to the extent of its knowledge of its most recent purchasers. Under proposed Section 573.7(c) your client, as a manufacturer of motor vehicle equipment, would be required to maintain certain records including a list of the names and addresses of the 'most recent purchasers known to the manufacturer'. Such a list would probably at a minimum comprise distributors of the product, might also include the dealers of the distributors, and possibly in some instances the ultimate purchaser. But it is not a requirement that steps be taken to know and list the names and addresses of all ultimate purchasers.; If you have further questions after reviewing this letter and it enclosures I will be happy to answer them for you.; Yours truly, Frank Berndt, Acting Chief Counsel
ID: aiam4191 Open Mr. J. Leon Conner, Manager, Long & Associates, Inc., P.O. Box 691, San Angelo, TX 76902; Mr. J. Leon Conner Manager Long & Associates Inc. P.O. Box 691 San Angelo TX 76902; Dear Mr. Conner: This responds to your letter seeking an interpretation of th requirements of 49 CFR S575.104, Uniform Tire Quality Grading Standards (UTQGS). Specifically, you asked whether this regulation requires the treadwear testing for a tire size to be conducted only with vehicles that specify the subject tire size either as the original equipment size or as one of the recommended optional tire sizes. The UTQGS does not contain any such provision.; The conditions and procedures to be followed in grading tires fo treadwear under the UTQGS are set forth in S575.104(e). That section specifies tire loading conditions and rim dimensional requirements for the vehicles used in the treadwear testing. However, it does not specify that the vehicles used in the treadwear testing can only be used to test tire sizes recommended as either original equipment or optional tires on the vehicle when new. Accordingly, persons testing tires to determine the treadwear grade may mount the tires on any vehicle, provided that the tire and vehicle satisfy all the requirements of S575.104(e), relating to tire construction, inflation pressure, size designation, vehicle loading, and wheel alignment.; You stated in your letter that the UTQGS compliance test procedures used by this agency for conducting its enforcement testing for treadwear grades, currently specify that tire sizes must be tested on vehicles that specify that size as either original equipment or recommended optional size. This specification may have been adopted after the following language appeared in a 1975 preamble to a final rule establishing the UTQGS:; >>>Several commenters suggested that the rule specify all vehicles in given convoy be identical, to reduce variations in projected treadlife. ... Variations in vehicle type, however, do not appear to produce significant variations in treadwear projections. Nevertheless, to minimize such variations, tires will be tested for compliance only on vehicles for which they are available as original equipment or recommended replacement options. 40 FR 23073, at 23076, May 28, 1975.<<<; As explained above, the UTQGS regulation does not specify that th vehicles used in treadwear testing can only be used to test tire sizes recommended as either original equipment or optional tires on the vehicle. The agency's compliance test procedures are only the methods the agency itself uses to determine the appropriate treadwear grade for a tire. Persons outside the agency are not bound by any testing conditions and methods not set forth in the UTQGS itself. Such persons may, therefore, conduct their own testing in a manner different from that specified in NHTSA's compliance test procedures, provided that their testing satisfies all requirements of S575.104(e).; You also stated that the use of different vehicles for treadwea testing of tires will produce measurably different treadwear grades for the tire, even when all the vehicle factors are closely and properly controlled. As quoted above, NHTSA concluded that vehicle-to-vehicle variations 'do not appear to produce significant variations in treadwear projections', when it examined this issue in 1975. However, the agency is currently re-examining the effects of vehicle-to- vehicle variations on treadwear projections, particularly with respect to front-wheel vs. rear-wheel drive vehicles and passenger cars vs. light trucks and vans. If you wish to provide some additional data on this subject, please forward the data to Mr. Barry Felrice, Associate Administrator for Rulemaking, at this address. We would be interested in analyzing whatever data form the basis for your belief that our 1975 conclusion was incorrect.; Please feel free to contact Steve Kratzke of my staff, at this addres or by telephone at (202) 366-2992, if you have any further questions about our UTQGS.; Sincerely, Erika Z. Jones, Chief Counsel
ID: aiam5407 Open Mr. Walter Lavis 2467 Rt. 10 Bldg. 3 Apt. 7B Morris Plains, NJ 07950; Mr. Walter Lavis 2467 Rt. 10 Bldg. 3 Apt. 7B Morris Plains NJ 07950; "Dear Mr. Lavis: We have received your letter of June 6, 1994, wit respect to your 'Saf-T-Flec' reflectors. You say that you have been informed by a NHTSA representative that 'using the standard DOT approved reflector tape would allow the use of my reflector for the trucking industry.' Judging from the red, white, and amber samples you have enclosed, your 'reflectors' appear to be retroreflective tape which adheres to a semicircular aluminum base and is intended for vertical mounting on the side and back of vehicles. Several potential customers have asked whether your concept was 'DOT approved', and you have asked for a reply. The Department of Transportation has no authority to 'approve' items of motor vehicle equipment. We advise inquirers whether manufacture or use of any particular item of equipment is prohibited or permitted under the Federal motor vehicle safety standards and associated regulations. However, if an item is deemed permissible, this must not be represented as 'approval' by DOT. Your letter is somewhat unclear as to the intended use and market for Saf-T- Flec. The fact that you have enclosed a highlighted copy of S5.1.1.4 leads us to believe that one application you envision for Saf-T-Flec is as a substitute for original equipment side reflex reflectors. This substitution is permitted if the reflective material conforms to Federal Specification L-S- 300 (September 7, 1965) and, as used on the vehicle, meets the performance standards of SAE Standard J594f Reflex Reflectors, January 1977. Accordingly, if your red and amber samples meet these two requirements, they may be used as the side front, intermediate, and rear reflex reflectors that Tables I and III require on trucks and trailers. However, Standard No. 108 does not allow sheeting material to be used on the rear of vehicles in lieu of reflex reflectors. What if your reflectors do not meet the two specifications listed above? In this instance, they may be used as supplementary side reflectors to the reflectors that are required by Standard No. 108, and you may employ amber devices for this use as well as red and white. As supplementary equipment, they are subject to the Federal restriction only that they not impair the effectiveness of the required reflex reflectors. We do not believe that additional reflectors would have this effect. Supplementary lighting equipment such as additional reflectors is subject to the laws of the individual states. We are not able to advise you as to their acceptability under state laws. The American Association of Motor Vehicle Administrators (AAMVA) provides opinions on state law. AAMVA's address is 4600 Wilson Blvd., Arlington, Va. 22203. As you may know, S5.7 of Standard No. 108 requires red and white retroreflective material to be applied to the side and rear of large trailers that have been manufactured since November 30, 1993 (those whose overall width is 80 inches or more and whose GVWR is more than 10,000 pounds). This material may be retroreflective sheeting or reflectors. If sheeting is used, it must meet the photometric specifications of Figure 29. If reflectors are used, they must conform to SAE J594f, and provide specified minimum millicandela/lux at specified light entrance angles. Your initial question indicates that you may be interested in marketing Saf-T-Flec for use as a substitute for the conspicuity materials that conform to Standard No. 108. Manufacturers of conspicuity sheeting certify it with the material in a flat vertical plane (as evidenced by the DOT-C2 marking on your white sample). We have reservations whether the curved red and white Saf-T-Flec devices could meet the photometric specifications of Figure 29, for sheeting, or J594f and the millicandela/lux specifications of S5.7.2.1(b) or (c) for reflectors. Amber is not one of the specified colors for conspicuity treatment, and could not be used as a substitute. I hope that this answers your questions. Sincerely, John Womack Acting Chief Counsel";
ID: aiam3618 Open Mr. J. L. Campbell, Jr., 12813 95th Avenue, N.E., Kirkland, WA 98033; Mr. J. L. Campbell Jr. 12813 95th Avenue N.E. Kirkland WA 98033; Dear Mr. Campbell: I have recently received a copy of your letter to Senator Gorto concerning the difficulties small manufacturers of motor vehicles have in complying with Federal standards. To alleviate these difficulties, you suggested that blanket exemptions from the bumper regulations and the Federal motor vehicle safety standard on side door strength be granted to all 4-wheel vehicles under 800 pounds dry weight.; As explained more fully below, this agency does not have authority fro Congress to grant an exemption from the bumper standard for the ultra-lightweight vehicles you describe. Such authority would require new legislation. However, we do have authority either to exclude all of those vehicles from the side door strength standard or to exempt particular manufacturers of those vehicles from that standard.; Congress set forth the guidelines under which this agency could issu exemptions from the bumper standard in section 102(c)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1912(c)(1)). Exemptions may be granted only to passenger motor vehicles manufactured for a special use. While neither the Cost Savings Act nor this agency has defined 'special use', the Cost Savings Act is explicit that a vehicle can be exempted only if two conditions are met: (1) the vehicle is manufactured for a special use, (2) compliance with the bumper standard would unreasonably interfere with that use. The example Congress cited for such a vehicle was a Jeep with snow removal equipment on the front. The agency believes that the purpose of an ultra-lightweight passenger vehicle is essentially the same as that of a lightweight vehicle such as the Toyota Starlet, Honda Civic or Ford Escort, i.e., to carry passengers. The agency does not view that purpose to be a special use within the meaning of section 102. Further, even if the first condition could be met, it is not clear that the second one could be. Hence, an amendment to the Cost Savings Act would have to be made by the Congress before we could grant an exemption from the bumper standard to your ultra-lightweight passenger motor vehicles.; Concerning your request regarding Standard No. 214, side door strength NHTSA formerly excepted motor vehicles (other than trailers and motorcycles) of 1,000 pounds or less curb weight from all safety standards. However, that exception was eliminated in 1973 (38 F.R. 12808, May 16, 1973). At that time, the agency stated that manufacturers seeking relief from compliance problems peculiar to these vehicles could either petition for amendments to individual standards or petition for an exemption under section 123 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1410).; These options remain the ones available to manufacturers o ultra-lightweight vehicles. Thus, one option is to submit a petition for rulemaking under 49 CFR Part 552 requesting the agency to amend Standard No. 214 to exclude those vehicles from that standard's applicability provision. I should point out that few, if any, petitions of this type have been submitted since the agency's May 1973 notice and none have been granted. Also, you should be aware that the rulemaking process is often a lengthy one.; The other option is for a manufacturer to submit a petition for th exemption of his vehicles from a particular standard. I have enclosed a copy of 49 CFR Part 555 which sets forth the information that a manufacturer must include in its petition. Exemption petitions are not uncommon and are often granted at least in part. Also, because fewer procedural steps are necessary, the exemption process is typically much faster than the amendment process. Should you wish to submit an exemption petition, you may find useful the enclosed copies of section 123 of the Safety Act and Standard No. 214, Side Door Strength (49 CFR S 571.214).; If you need any further assistance or information on either of thes subjects, please do not hesitate to contact me. We try to minimize the regulatory difficulties experienced by small manufacturers to the extent we can do so consistent with our legislative authority.; Sincerely, Frank Berndt, Chief Counsel

Request an Interpretation

How do I submit a request for 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.

Interpretations	Date
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ID: aiam3453 Open Mr. Mick W. Blakely, C. F. Liebert, Inc., P. O. Box Drawer L, Blaine, WA 98230; Mr. Mick W. Blakely C. F. Liebert Inc. P. O. Box Drawer L Blaine WA 98230; Dear Mr. Blakely: This responds to your letter of April 7, 1981, concerning 'Oil Wel Service Rigs.' Please accept our apologies for the lateness of our reply. You ask whether NHTSA considers oil well service rigs to be off-road vehicles.; The National Highway Traffic Safety Administration issues safet standards for 'motor vehicles'. Therefore, our regulations apply to a vehicle and its manufacturer only if the vehicle qualifies as a motor vehicle under the provisions of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act). Section 102(3) of the Act defines motor vehicle as:; >>>Any vehicle driven or drawn by mechanical power manufacture primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.<<<<; Thus, a motor vehicle is a vehicle which the manufacturer expects wil use public highways as part of its intended function; Tracked and other vehicles incapable of highway travel are not moto vehicles. In addition, vehicles intended and sold solely for off-road use (e.g. aircraft runway vehicles and underground mining vehicles are not considered to be motor vehicles even if operationally capable of highway travel. They would, however, be considered motor vehicles if the manufacturer knew that a substantial proportion of his customers actually would use them on the highway.; Just as clearly, vehicles which use the highway on a necessary an recurring basis to move between work sites are motor vehicles. The primary function of some vehicles is of a mobile, work- performing nature and as such their manufacturer contemplate a primary use of the highway. Rigs and towed equipment such as chippers and pull-type street sweepers are examples in this area. Even if the equipment uses highways infrequently, it is considered a motor vehicle on the same basis as is a 'mobile structure trailer' which is often towed only once from the factory to the home site. All these motor vehicles qualify as trucks or trailers. As such, they are subject to several of the motor vehicle safety standards, and the manufacturer must comply with other regulations in Chapter V of Title 49, Code of Federal Regulations. (However, the United States Court of Appeals for the Seventh Circuit has affirmed the District Court's decision that mobile construction equipment does not fall within the definition of 'motor vehicles' found in section 102(3) of the Act. Koehring Co. v. Adams, 452 F. Supp. 635 (E.D. Wis. 1978), aff'd., 605 F.2d 280 (7th Cir. 1979). The agency construes the opinion to apply only to the specific equipment at issue in Koehring Co., i.e. mobile excavators, and mobile well drills.); There are some vehicles which are excepted from the motor vehicl classification despite their use of the highway. Highway maintenance and construction equipment lane stripers, self-propelled asphalt pavers, and other vehicles whose maximum speed does not exceed 20 miles per hour and whose abnormal configuration distinguishes them from the traffic flow are not considered motor vehicle.; In your letter you state that oil well service rigs were designed fo off road use and use the highways infrequently. You also state that oil well service rigs can travel on the highways only when a special permit has been obtained because the vehicles are oversize. We assume that since a special permit is required for the use of such vehicles on the highway, oil well service rigs cannot travel unescorted on public roads. On the basis of the representations contained in your letter, and the assumptions we have made, we have determined that the oil well service rigs manufactured by Mainland Manufacturing are not 'motor vehicles' for purposes of the Act and Form HS-7. This is because an oil well service rig uses the highways infrequently and is distinguished by its escorts from the normal flow of traffic.; We hope you find this information helpful. Please contact this offic if you have further questions.; Sincerely, Frank Berndt, Chief Counsel
ID: aiam2724 Open Mr. R. E. Billman, Project Engineer, AM General Corporation, 32500 Van Born Road, Wayne, MI 48184; Mr. R. E. Billman Project Engineer AM General Corporation 32500 Van Born Road Wayne MI 48184; Dear Mr. Billman: This responds to your October 17, 1977, request for confirmation tha the brake system of the M.A.N. articulated transit bus to be imported by AM General conforms to S5.1.4, S5.3.3, S5.3.4, S5.4, and S5.6.4 of Standard No. 121, Air Brake Systems. An October 17, 1977, letter from the National Highway Traffic Safety Administration (NHTSA) to Mr. Shillinger of AM General has already answered your question concerning S5.1.2.3 of the standard.; Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safet Act (the Act) (15 U.S.C. S 1397(a)(1)(A)) requires, among other things, that no person manufacture or sell any motor vehicle manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect unless it is in conformity with such standard. As the manufacturer of AM General Transit buses, I am sure you are aware that this provision makes it impossible for the NHTSA to 'approve' the compliance of a brake system in advance of manufacture of the vehicle because there can be no certainty that the vehicle as manufactured will actually comply.; In response to your statement that the bus must be tested to S5.4, 108(b)(2) of the Act provides that S 108(a)(1)(A) shall not apply to any person who establishes that he did not have reason to know, in the exercise of due care, that a vehicle is not in conformity with an applicable standard. The NHTSA has always interpreted 'due care' to mean that a manufacturer is free to use whatever method is reasonably calculated to assure itself that its products, if tested, would conform to the standard's requirements. Thus, dynamometer testing of the brakes on each bus would not be necessary if the manufacturer can, in the exercise of due care, assure itself on a reasonable basis, such as engineering calculations, that its products are capable of complying with the standard.; The NHTSA can confirm that S5.3.1 specifies that the tested vehicle b capable of stopping at least once in six stops in the specified stopping distance, within the 12-foot wide roadway, and without lockup of any wheel above 10 mph other than 'controlled lockup.' Section S5.3.1 specifies 'no lockup' performance and can be met by any design, including one which incorporates 'load sensing devices' that provide the specified performance.; Section S5.1.4 specifies '[a] pressure gauge in each service brak system . . . that indicates the service reservoir system air pressure.' In the case of the M.A.N. articulated transit bus, each of the three service brake circuits must be monitored by a gauge readily visible to the driver. The agency takes no position on the wisdom of deleting pressure gauges that monitor brake chamber air pressure.; Section S5.3.3 and S5.3.4 specify minimum actuation and release time for the service brakes, measuring the time to achieve 60 p.s.i. during actuation and the time to drop from 95 p.s.i. to 5 p.s.i. during release. While these 60- and 95-p.s.i. benchmarks appear in the standard, an interpretation of them has been issued because at least one manufacturer is using a maximum air pressure that is less than the benchmarks. I enclose a copy of the clarification to answer your question.; Your question about S5.6.4 is unclear, but the NHTSA can confirm tha the control lever that you showed to the NHTSA appeares (sic) to be identified in a manner that specifies the method of control operation. As we understand it, the arrow suggesting clockwise rotation of the handle, in conjunction with the word 'park', are intended to identify how to apply the parking brake. This interpretation only addresses an arrangement in which parking brake release is the opposite of parking brake application.; Sincerely, Joseph J. Levin, Jr., Chief Counsel
ID: aiam3617 Open Mr. J. L. Campbell, Jr., 12813 95th Avenue, N.E., Kirkland, WA 98033; Mr. J. L. Campbell Jr. 12813 95th Avenue N.E. Kirkland WA 98033; Dear Mr. Campbell: I have recently received a copy of your letter to Senator Gorto concerning the difficulties small manufacturers of motor vehicles have in complying with Federal standards. To alleviate these difficulties, you suggested that blanket exemptions from the bumper regulations and the Federal motor vehicle safety standard on side door strength be granted to all 4-wheel vehicles under 800 pounds dry weight.; As explained more fully below, this agency does not have authority fro Congress to grant an exemption from the bumper standard for the ultra-lightweight vehicles you describe. Such authority would require new legislation. However, we do have authority either to exclude all of those vehicles from the side door strength standard or to exempt particular manufacturers of those vehicles from that standard.; Congress set forth the guidelines under which this agency could issu exemptions from the bumper standards in section 102(c)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1912(c)(1). Exemptions may be granted only to passenger motor vehicles manufactured for a special use. While neither the Cost Savings Act nor this agency has defined 'special use', the Cost Savings Act is explicit that a vehicle can be exempted only if two conditions are met: (1) the vehicle is manufactured for a special use, (2) compliance with the bumper standard would unreasonably interfere with that use. The example Congress cited for such a vehicle was a Jeep with snow removal equipment on the front. The agency believes that the purpose of an ultra-lightweight passenger vehicle is essentially the same as that of a lightweight vwehicle such as the Toyota Starlet, Honda Civic or Ford Escort, i.e., to carry passengers. The agency does not view that purpose to be a special use within the meaning of section 102. Further, even if the first condition could be met, it is not clear that the second one could be. Hence, an amendment to the Cost Savings Act would have to be made by the Congress before we could grant an exemption from the bumper standard to your ultra-lightweight passenger motor vehicles.; Concerning your request regarding Standard No. 214, side door strength NHTSA formerly excepted motor vehicles (other than trailers and motorcycles) of 1,000 pounds or less curb weight from all safety standards. However, that exception was eliminated in 1973 (38 F.R. 12808, May 16, 1973). At that time, the agency stated that manufacturers seeking relief from compliance problems peculiar to these vehicles could either petition for amendments to individual standards or petition for an exemption under section 123 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1410).; These options remain the ones available to manufacturers o ultra-lightweight vehicles. Thus, one option is to submit a petition for rulemaking under 49 CFR Part 552 requesting the agency to amend Standard No. 214 to exclude those vehicles from that standard's applicability provision. I should point out that few, if any, petitions of this type have been submitted since the agency's May 1973 notice and none have been granted. Also, you should be aware that the rulemaking process is often a lengthy one.; The other option is for a manufacturer to submit a petition for th exemption of his vehicles from a particular standard. I have enclosed a copy of 49 CFR Part 555 which sets forth the information that a manufacturer must include in its petition. Exemption petitions are not uncommon and are often granted at least in part. Also, because fewer procedural steps are necessary, the exemption process is typically much faster than the amendment process. Should you wish to submit an exemption petition, you may find useful the enclosed copies of section 123 of the Safety Act and Standard No. 214, Side Door Strength (49 CFR S 571.214).; If you need any further assistance or information on either of thes subjects, please do not hesitate to contact me. We try to minimize the regulatory difficulties experienced by small manufacturers to the extent we can do so consistent with our legislative authority.; Sincerely, Frank Berndt, Chief Counsel
ID: aiam5452 Open Victor Larson, P.E. Cryenco, Inc. 3811 Joliet Street Denver, CO 80238; Victor Larson P.E. Cryenco Inc. 3811 Joliet Street Denver CO 80238; "Dear Mr. Larson: This responds to your FAX of May 17, 1994, wit reference to the application of conspicuity material to the sides of cryogenic tank trailers. You point out that the only side mounting surface for striping that is perpendicular to the road is at the center of the tank, approximately 90 inches above the road surface. You ask for confirmation of your interpretation that conspicuity material can be placed at this location 'if that is the only available mounting area' and that it is not necessary to add additional structure for the sole purpose of providing a lower vertical mounting surface. We confirm your understanding. Standard No. 108 specified an original mounting height for conspicuity material as close as practicable to 1.25 m. However, in a notice published on October 6, 1993, NHTSA amended the requirement to 'as close as practicable to not less than 375 mm and not more than 1525 mm above the road surface.' The practicability qualification allows manufacturers to choose a location for conspicuity treatment that is outside the specified range to avoid body modifications that might otherwise be required to mount the material within the specified range. The manufacturers of conspicuity material certify its performance in a vertical plane. Trailer manufacturers should mount the material in a vertical plane or as close to a vertical plane as the trailer shape offers, in order to achieve the full conspicuity benefits of the material. In the case of your tank trailer without a suitable vertical surface below the belt line of the tank, reflective material at a belt line that is 90 inches above the road surface would be considered to have been mounted as close as practicable to the upper specification of the height range (1.525 m). As NHTSA observed when it adopted the original mounting height specification with its practicability provision, flexibility in the vertical location of conspicuity material is necessary for compliance of some tank trailers. However, it should not be overlooked that other types of tank trailers may have vertical surfaces on the frame, fenders, or other equipment well suited for conspicuity material. You inform us that some trailers have rear and midship cabinets that could be used, in conjunction with the belt line location, to provide a location for striping, although this would result in a non-aligned striping pattern. With respect to trailers equipped with cabinets, you asked whether compliance would be satisfied if only the belt-line location is used. The answer is yes, provided that the requirement of paragraph S5.7.1.4.2(a) is met, i.e., which provides that 'the strip need not be continuous as long as not less than half of the length of the trailer is covered and the spaces are distributed as evenly as practicable.' Since the strip need not be continuous, this would allow discontinuities in a strip mounted at 90 inches in which the cabinets were not used. Your final question is the required orientation of striping for conspicuity, some of your customers have requested placement of material at a downward angle of approximately 30 degrees to accommodate their graphics better. The standard does not explicitly address the issue of orientation. However, as noted in response to your first question, trailer manufacturers should mount conspicuity material in a vertical plane, or as nearly thereto as the trailer shape allows, so that the full conspicuity benefits of the material may be realized. If there is no available vertical surface on which the material can be mounted, we urge that a wider stripe of conspicuity material be used to provide the minimum required performance at the installed downward angle. The manufacturer of the conspicuity material which you use should be able to determine whether an increase in the width of the striping would allow the material mounted at or near the downward angle that your customer prefers to provide performance comparable to a narrower strip mounted in a vertical plane. Sincerely, Philip R. Recht Chief Counsel";
ID: aiam4982 Open Mr. Michael J. Sens Researcher S.E.A., Inc. 7349 Worthington-Galena Road Columbus, OH 43085; Mr. Michael J. Sens Researcher S.E.A. Inc. 7349 Worthington-Galena Road Columbus OH 43085; "Dear Mr. Sens: This responds to your letter to me dated March 26 1992, in which you sought our interpretation of whether the requirements of Federal Motor Vehicle Safety Standards 206, Door Locks and Door Retention Components, 214, Side Door Strength, and 216, Roof Crush Resistance--Passenger Cars,, applied to a 1985 American Motors Corporation (AMC) Jeep CJ- 7. You stated in your letter that AMC classified the vehicle as a 'sport utility vehicle' and that it came with a soft top or an optional fiberglass top, both with removable side doors. By way of background information, the National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act), 15 U.S.C., 1381, et seq., as amended, authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards for new motor vehicles and items of motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards. In accordance with 49 CFR 567, Certification, manufacturers of motor vehicles must certify that their products comply with all such standards. Each safety standard applies to specified 'types' of motor vehicles and/or motor vehicle equipment. Motor vehicles are classified into the following types: passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, and motorcycles. A definition for each motor vehicle type is set forth at 49 CFR 571.3. Thus, a 1985 AMC Jeep CJ-7 was required to comply with all safety standards that applied to its vehicle type at the time of its manufacture. In order to determine what safety standards applied to the vehicle, it is first necessary to establish its classification under Part 571.3. The Safety Act places the responsibility for classifying a particular vehicle in the first instance on the vehicle's manufacturer. For this reason, NHTSA does not approve or endorse any vehicle classification before the manufacturer itself has classified a particular vehicle. NHTSA may reexamine the manufacturer's classification during the course of any enforcement actions. While AMC may have marketed the 1985 AMC Jeep CJ-7 as a 'sport-utility vehicle,' it classified it as a multipurpose passenger vehicle for purposes of the Federal motor vehicle safety standards. The term 'multipurpose passenger vehicle' is defined in Part 571.3 as 'a motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.' It is our opinion that AMC's classification was appropriate, given that the 1985 Jeep CJ-7 is a 4-wheel drive vehicle with an approach angle of 33o, departure angle of 25o, breakdown angle of 18o, axle clearance of 7.8', and minimum running clearance of 8.1', and thus clearly has special features for occasional off-road operation. With specific reference to the three standards you inquired about concerning possible applicability to a 1985 AMC Jeep CJ-7, Standards 214 and 216 applied only to passenger cars at the time the CJ-7 was manufactured. See S2 of Standard 214 and and S3 of Standard 216. Since the 1985 AMC Jeep CJ-7 was classified as a multipurpose passenger vehicle and not a passenger car, those two standards, by their terms, did not apply to it. Standard 206, on the other hand, did apply to multipurpose passenger vehicles as well as passenger cars. However, S4 thereof provided in pertinent part: '. . . C omponents on folding doors, roll-up doors, doors that are designed to be easily attached to or removed from motor vehicles manufactured for operation without doors, . . . need not conform to this standard.' You indicated that the Jeep CJ-7 came with removable side doors, and we understand that the vehicle was manufactured for operation without doors. Accordingly, the AMC Jeep CJ-7 came within the above-quoted exception to Standard 206 and was not subject to its requirements. I hope the above information will be helpful to you. If you have any further questions or need additional information regarding this matter, please feel free to contact Walter Myers of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel";
ID: aiam3752 Open Moni Marcus, P. Eng., Chief Engineer, Flyer Industries Limited, 64 Hoka Street, Box 245 Transcona P.O., Winnipeg, Manitoba, Canada R2C 3T4; Moni Marcus P. Eng. Chief Engineer Flyer Industries Limited 64 Hoka Street Box 245 Transcona P.O. Winnipeg Manitoba Canada R2C 3T4; Dear Mr. Marcus: This responds to your letter to Mr. Kratzke of my staff, asking for clarification of the requirements of Standard No. 217, Bus Window Retention and Release (49 CFR S 571.217). You stated that your company's transit bus models use eight large windows as large as emergency exits to satisfy the emergency exit requirements of Standard No. 217, and that the entrance and exit doors are not classified as emergency doors. Accordingly, you stated that the entrance and exit doors do not 'have to be tested for Standard No. 217 requirements.' This is not wholly correct.; Standard No. 217 sets forth two basic requirements. These are (1 window retention requirements, which must be met by all windows in a new bus, except for the windshield, and (2) requirements applicable to emergency exits. As I pointed out in a letter to Mr. Moss, of your staff, the window retention requirements apply to all front door glazing which exceeds 8 inches in diameter, and this agency does test such glazing for compliance with the standard. Hence, while you may be correct in asserting that a door not designated as an emergency door would not be tested for compliance with the emergency exit requirements, you are incorrect if you are asserting that the glazing on such a door would not be tested for compliance with the window retention requirements.; Your letter went on to state that, although your entrance and exi doors are not classified as emergency exits, most local transit authorities have requested you to add a decal instructing people how to open the doors in case of an emergency. You then stated your opinion that the addition of these decals would not change the status of the doors to emergency exits, so the doors would not be required to meet the Standard No. 217 push force requirements applicable to emergency doors. This conclusion is incorrect.; Standard No. 217 specifies minimum criteria for emergency exits whic must be met by all new buses, and your letter states that your transit bus models do not need to count the entrance and exit doors on the buses to satisfy these criteria. Thus, absent other factors, those doors would not be required to comply with the portions of the standard applicable to emergency doors. However, affixing a decal, such as the one enclosed with your letter, in the area of those doors is labeling the door as an emergency exit. It is reasonable for riders of the bus to assume that a door which is labeled by the manufacturer with instructions in case of an emergency and which is intended by the local transit authority to be used as an exit in case of an emergency is in fact a door which can be used as an emergency exit. Given the likelihood of the use of the door as an emergency exit when it is so labeled, it is important that the door comply with the requirements applicable to emergency doors in Standard No. 217, and this agency has uniformly required this of all doors labeled with instructions for use in case of an emergency.; For your information, I have enclosed a copy of a letter reaching thi same conclusion which was sent to another manufacturer. Contrary to the understanding expressed in your letter, this agency has never sent a letter to a manufacturer stating that doors labeled with emergency instructions were not subject to the requirements of Standard No. 217 applicable to emergency doors.; Should you need any further information or have further questions o this subject, please contact Mr. Kratzke at this address or at (202) 426-2992.; Sincerely, Frank Berndt, Chief Counsel
ID: aiam2566 Open William R. Scott, Esq., Messrs. Allen & Korkowski & Associates, P. O. Box 337, Rantoul, IL 61866; William R. Scott Esq. Messrs. Allen & Korkowski & Associates P. O. Box 337 Rantoul IL 61866; Dear Mr. Scott: This is in reply to your letter of March 3, 1977, to Mr. Oates of thi office asking whether your client, a manufacturer of motorcycle accessories, is subject to requirements imposed by 49 CFR Parts 573, 576, and 577 and 15 U.S.C. 1402.; For your reference I am enclosing a copy of a new Part 577 whic becomes effective June 28, 1977, that implements Part B of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1411 et seq.) effective December 27, 1974. These new sections have superseded Section 1402, to which you referred. Since you apparently are unaware of these changes I am also enclosing a copy of the amended Act.; Because your client manufactures motor vehicle equipment other tha original equipment (i.e. accessories) its products appear to be 'replacement equipment' as defined by 15 U.S.C. 1419(2)(B). Since Parts 573 and 576 apply only to motor vehicle manufacturers and not to equipment manufacturers you are correct in your conclusion that these regulations are inapplicable to your client. We have proposed, however, that Part 573 be amended to apply to manufacturers of replacement equipment although no action has yet been taken on the proposal. I include a copy of that proposal.; You also asked about the applicability of Section 577.4 which you foun to be 'silent about the duty of manufacturers of motor vehicle equipment'. The Part 577 that you referenced reflects the statutory scheme that was in effect until December 27, 1974, under which a manufacturer of motor vehicle equipment (as contrasted with a vehicle manufacturer who also produced equipment) was not required to notify purchasers of safety-related defects or noncompliances which it, the manufacturer, had discovered. The equipment manufacturer's obligation to notify arose only upon determination of the existence of a safety-related defect or noncompliance by the NHTSA Administrator and in that event Section 577.5 requires the equipment manufacturer to follow the provisions of Section 577.4. The new statutory scheme of 15 U.S.C. 1411 et seq., as reflected in revised Section 577.5, now extends the notification and remedy obligation to safety-related defects and noncompliances discovered by manufacturers of replacement equipment.; Finally, you have asked if there is no duty to retain records how ca an equipment manufacturer 'observe the requirements of Part 577.4.' I assume what you mean is how can it notify 'the first purchaser (where known). . .and any subsequent purchaser to whom a warranty on such. . . item of equipment has been transferred'. The actual obligation of a manufacturer of replacement equipment today, however, is that established by 15 U.S.C. 1413(c)(3)(A), in effect since December 27, 1974, and it is to notify 'the most recent purchaser known to the manufacturer' (See also new Section 577.7(a)(2)(ii)(A). Congress appears to have recognized that manufacturers of small and less expensive items of motor vehicle equipment generally may not keep records of ultimate purchasers when it authorized our agency to issue a public notice when the public interest requires it (15 U.S.C. 1413(c)(3)(B)). Since there is no obligation for a manufacturer to know the names of its purchasers, NHTSA will accept in good faith an equipment manufacturer's statement as to the extent of its knowledge of its most recent purchasers. Under proposed Section 573.7(c) your client, as a manufacturer of motor vehicle equipment, would be required to maintain certain records including a list of the names and addresses of the 'most recent purchasers known to the manufacturer'. Such a list would probably at a minimum comprise distributors of the product, might also include the dealers of the distributors, and possibly in some instances the ultimate purchaser. But it is not a requirement that steps be taken to know and list the names and addresses of all ultimate purchasers.; If you have further questions after reviewing this letter and it enclosures I will be happy to answer them for you.; Yours truly, Frank Berndt, Acting Chief Counsel
ID: aiam4191 Open Mr. J. Leon Conner, Manager, Long & Associates, Inc., P.O. Box 691, San Angelo, TX 76902; Mr. J. Leon Conner Manager Long & Associates Inc. P.O. Box 691 San Angelo TX 76902; Dear Mr. Conner: This responds to your letter seeking an interpretation of th requirements of 49 CFR S575.104, Uniform Tire Quality Grading Standards (UTQGS). Specifically, you asked whether this regulation requires the treadwear testing for a tire size to be conducted only with vehicles that specify the subject tire size either as the original equipment size or as one of the recommended optional tire sizes. The UTQGS does not contain any such provision.; The conditions and procedures to be followed in grading tires fo treadwear under the UTQGS are set forth in S575.104(e). That section specifies tire loading conditions and rim dimensional requirements for the vehicles used in the treadwear testing. However, it does not specify that the vehicles used in the treadwear testing can only be used to test tire sizes recommended as either original equipment or optional tires on the vehicle when new. Accordingly, persons testing tires to determine the treadwear grade may mount the tires on any vehicle, provided that the tire and vehicle satisfy all the requirements of S575.104(e), relating to tire construction, inflation pressure, size designation, vehicle loading, and wheel alignment.; You stated in your letter that the UTQGS compliance test procedures used by this agency for conducting its enforcement testing for treadwear grades, currently specify that tire sizes must be tested on vehicles that specify that size as either original equipment or recommended optional size. This specification may have been adopted after the following language appeared in a 1975 preamble to a final rule establishing the UTQGS:; >>>Several commenters suggested that the rule specify all vehicles in given convoy be identical, to reduce variations in projected treadlife. ... Variations in vehicle type, however, do not appear to produce significant variations in treadwear projections. Nevertheless, to minimize such variations, tires will be tested for compliance only on vehicles for which they are available as original equipment or recommended replacement options. 40 FR 23073, at 23076, May 28, 1975.<<<; As explained above, the UTQGS regulation does not specify that th vehicles used in treadwear testing can only be used to test tire sizes recommended as either original equipment or optional tires on the vehicle. The agency's compliance test procedures are only the methods the agency itself uses to determine the appropriate treadwear grade for a tire. Persons outside the agency are not bound by any testing conditions and methods not set forth in the UTQGS itself. Such persons may, therefore, conduct their own testing in a manner different from that specified in NHTSA's compliance test procedures, provided that their testing satisfies all requirements of S575.104(e).; You also stated that the use of different vehicles for treadwea testing of tires will produce measurably different treadwear grades for the tire, even when all the vehicle factors are closely and properly controlled. As quoted above, NHTSA concluded that vehicle-to-vehicle variations 'do not appear to produce significant variations in treadwear projections', when it examined this issue in 1975. However, the agency is currently re-examining the effects of vehicle-to- vehicle variations on treadwear projections, particularly with respect to front-wheel vs. rear-wheel drive vehicles and passenger cars vs. light trucks and vans. If you wish to provide some additional data on this subject, please forward the data to Mr. Barry Felrice, Associate Administrator for Rulemaking, at this address. We would be interested in analyzing whatever data form the basis for your belief that our 1975 conclusion was incorrect.; Please feel free to contact Steve Kratzke of my staff, at this addres or by telephone at (202) 366-2992, if you have any further questions about our UTQGS.; Sincerely, Erika Z. Jones, Chief Counsel
ID: aiam5407 Open Mr. Walter Lavis 2467 Rt. 10 Bldg. 3 Apt. 7B Morris Plains, NJ 07950; Mr. Walter Lavis 2467 Rt. 10 Bldg. 3 Apt. 7B Morris Plains NJ 07950; "Dear Mr. Lavis: We have received your letter of June 6, 1994, wit respect to your 'Saf-T-Flec' reflectors. You say that you have been informed by a NHTSA representative that 'using the standard DOT approved reflector tape would allow the use of my reflector for the trucking industry.' Judging from the red, white, and amber samples you have enclosed, your 'reflectors' appear to be retroreflective tape which adheres to a semicircular aluminum base and is intended for vertical mounting on the side and back of vehicles. Several potential customers have asked whether your concept was 'DOT approved', and you have asked for a reply. The Department of Transportation has no authority to 'approve' items of motor vehicle equipment. We advise inquirers whether manufacture or use of any particular item of equipment is prohibited or permitted under the Federal motor vehicle safety standards and associated regulations. However, if an item is deemed permissible, this must not be represented as 'approval' by DOT. Your letter is somewhat unclear as to the intended use and market for Saf-T- Flec. The fact that you have enclosed a highlighted copy of S5.1.1.4 leads us to believe that one application you envision for Saf-T-Flec is as a substitute for original equipment side reflex reflectors. This substitution is permitted if the reflective material conforms to Federal Specification L-S- 300 (September 7, 1965) and, as used on the vehicle, meets the performance standards of SAE Standard J594f Reflex Reflectors, January 1977. Accordingly, if your red and amber samples meet these two requirements, they may be used as the side front, intermediate, and rear reflex reflectors that Tables I and III require on trucks and trailers. However, Standard No. 108 does not allow sheeting material to be used on the rear of vehicles in lieu of reflex reflectors. What if your reflectors do not meet the two specifications listed above? In this instance, they may be used as supplementary side reflectors to the reflectors that are required by Standard No. 108, and you may employ amber devices for this use as well as red and white. As supplementary equipment, they are subject to the Federal restriction only that they not impair the effectiveness of the required reflex reflectors. We do not believe that additional reflectors would have this effect. Supplementary lighting equipment such as additional reflectors is subject to the laws of the individual states. We are not able to advise you as to their acceptability under state laws. The American Association of Motor Vehicle Administrators (AAMVA) provides opinions on state law. AAMVA's address is 4600 Wilson Blvd., Arlington, Va. 22203. As you may know, S5.7 of Standard No. 108 requires red and white retroreflective material to be applied to the side and rear of large trailers that have been manufactured since November 30, 1993 (those whose overall width is 80 inches or more and whose GVWR is more than 10,000 pounds). This material may be retroreflective sheeting or reflectors. If sheeting is used, it must meet the photometric specifications of Figure 29. If reflectors are used, they must conform to SAE J594f, and provide specified minimum millicandela/lux at specified light entrance angles. Your initial question indicates that you may be interested in marketing Saf-T-Flec for use as a substitute for the conspicuity materials that conform to Standard No. 108. Manufacturers of conspicuity sheeting certify it with the material in a flat vertical plane (as evidenced by the DOT-C2 marking on your white sample). We have reservations whether the curved red and white Saf-T-Flec devices could meet the photometric specifications of Figure 29, for sheeting, or J594f and the millicandela/lux specifications of S5.7.2.1(b) or (c) for reflectors. Amber is not one of the specified colors for conspicuity treatment, and could not be used as a substitute. I hope that this answers your questions. Sincerely, John Womack Acting Chief Counsel";
ID: aiam3618 Open Mr. J. L. Campbell, Jr., 12813 95th Avenue, N.E., Kirkland, WA 98033; Mr. J. L. Campbell Jr. 12813 95th Avenue N.E. Kirkland WA 98033; Dear Mr. Campbell: I have recently received a copy of your letter to Senator Gorto concerning the difficulties small manufacturers of motor vehicles have in complying with Federal standards. To alleviate these difficulties, you suggested that blanket exemptions from the bumper regulations and the Federal motor vehicle safety standard on side door strength be granted to all 4-wheel vehicles under 800 pounds dry weight.; As explained more fully below, this agency does not have authority fro Congress to grant an exemption from the bumper standard for the ultra-lightweight vehicles you describe. Such authority would require new legislation. However, we do have authority either to exclude all of those vehicles from the side door strength standard or to exempt particular manufacturers of those vehicles from that standard.; Congress set forth the guidelines under which this agency could issu exemptions from the bumper standard in section 102(c)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1912(c)(1)). Exemptions may be granted only to passenger motor vehicles manufactured for a special use. While neither the Cost Savings Act nor this agency has defined 'special use', the Cost Savings Act is explicit that a vehicle can be exempted only if two conditions are met: (1) the vehicle is manufactured for a special use, (2) compliance with the bumper standard would unreasonably interfere with that use. The example Congress cited for such a vehicle was a Jeep with snow removal equipment on the front. The agency believes that the purpose of an ultra-lightweight passenger vehicle is essentially the same as that of a lightweight vehicle such as the Toyota Starlet, Honda Civic or Ford Escort, i.e., to carry passengers. The agency does not view that purpose to be a special use within the meaning of section 102. Further, even if the first condition could be met, it is not clear that the second one could be. Hence, an amendment to the Cost Savings Act would have to be made by the Congress before we could grant an exemption from the bumper standard to your ultra-lightweight passenger motor vehicles.; Concerning your request regarding Standard No. 214, side door strength NHTSA formerly excepted motor vehicles (other than trailers and motorcycles) of 1,000 pounds or less curb weight from all safety standards. However, that exception was eliminated in 1973 (38 F.R. 12808, May 16, 1973). At that time, the agency stated that manufacturers seeking relief from compliance problems peculiar to these vehicles could either petition for amendments to individual standards or petition for an exemption under section 123 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1410).; These options remain the ones available to manufacturers o ultra-lightweight vehicles. Thus, one option is to submit a petition for rulemaking under 49 CFR Part 552 requesting the agency to amend Standard No. 214 to exclude those vehicles from that standard's applicability provision. I should point out that few, if any, petitions of this type have been submitted since the agency's May 1973 notice and none have been granted. Also, you should be aware that the rulemaking process is often a lengthy one.; The other option is for a manufacturer to submit a petition for th exemption of his vehicles from a particular standard. I have enclosed a copy of 49 CFR Part 555 which sets forth the information that a manufacturer must include in its petition. Exemption petitions are not uncommon and are often granted at least in part. Also, because fewer procedural steps are necessary, the exemption process is typically much faster than the amendment process. Should you wish to submit an exemption petition, you may find useful the enclosed copies of section 123 of the Safety Act and Standard No. 214, Side Door Strength (49 CFR S 571.214).; If you need any further assistance or information on either of thes subjects, please do not hesitate to contact me. We try to minimize the regulatory difficulties experienced by small manufacturers to the extent we can do so consistent with our legislative authority.; Sincerely, Frank Berndt, Chief Counsel

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