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
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ID: aiam4986OpenMr. Kevin J. Stoll Technical Advisor Russell Products, Inc. 21419 Protecta Drive Elkhart, IN 46516-9704; Mr. Kevin J. Stoll Technical Advisor Russell Products Inc. 21419 Protecta Drive Elkhart IN 46516-9704; "Dear Mr. Stoll: This responds to your letter of February 27, 1992, t Taylor Vinson of this Office asking several questions relating to center high-mounted stop lamps. Your questions are: '1. Are the LED (light emitting diode) being used for third brake light legal? If so, what are the specifications so that they can be used as a third brake light?' A center high-mounted stop lamp whose illumination is provided by LEDs is legal, provided that the light meets the photometric specifications for such lamp specified in Figure 10 of Motor Vehicle Safety Standard No. 108, and all other requirements. '2. a. Where are the truck manufacturers ie. GM, Ford, Dodge locating the third brake light on pickup trucks? b. What effect will this have on truck cap manufacturers and the dealer responsibility to the consumer? c. Can the dealer wire directly to the existing third brake light harness used to light up the factory third brake light?' With respect to (a), the center lamp may be installed at any point on the rear vertical centerline of pickup trucks. Because this requirement is not effective until September 1, 1993, we have no specific knowledge as to where the manufacturers of pickup trucks will locate the lamps. With respect to (b), NHTSA discussed the relationship of center high-mounted stoplamps to aftermarket slide-in campers or caps in the preamble to the final rule adopting the requirement. I enclose a copy of the rule (56 FR 16015) with our discussion highlighted on pages l6017 and 16018. After reading this material, if you have further questions regarding the effect on truck cap manufacturers and dealers, we shall be pleased to answer them. With respect to (c), we assume that the situation you envision is that a truck cap has been manufactured with a center stop lamp and the dealer is installing the cap on a pickup truck. If the cap is being permanently installed, the dealer may wire the cap's lamp directly to the existing center lamp light harness, as the cap lamp is intended as a surrogate for the original lamp. If the cap is removable, the dealer may also wire in the manner you discuss, provided that when the cap is removed (and the cap lamp disconnected) the original lamp will perform in conformance with Standard No. 108. The specific connections to be made should be done in accordance with the vehicle manufacturer's recommendations. '3. a. We have a customer that would like to mount a flush mounted third brake light in the rear glass window of a truck cap. This window is used also as the rear access door to get to the truck bed from the outside of the truck. b. This would allow the third brake light to be moveable and not stationery. If a consumer would have an object in the bed of the truck with the window in the open position, allowing for the third brake light to be left in an upward position and no longer viewed from the rear. Would this application be approved?' The agency has no authority to approve or disapprove specific designs. We can advise you as to whether designs appear to conform or not to conform with the applicable laws of our agency. Conformance with Standard No. 108 is determined with respect to the vehicle in its normal operating state. With respect to your question, this would be with the pickup cap window in its closed position. Thus, your design does not raise a question of conformance with Standard No. 108. '4. Could you please enter Russell Products, Inc. on your mailing lists for all future updated rulings on third brake lights passed or discussed at all committee meetings?' We do not maintain a mailing list of any sort. However, 'rulings' are not 'passed' at 'committee meetings' but are published in the Federal Register, initially as proposed rules affording a minimum of 45 days in which to comment. After evaluation of comments, a final rule may be published, with an effective date no earlier than 30 days after issuance. We believe it likely that any future proposals and amendments would be publicized, and that you would be likely to hear of them. There are no current plans to amend these requirements. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam0642OpenMr. W. G. Milby, Project Engineer, Blue Bird Body Company, Fort Valley, GA 31030; Mr. W. G. Milby Project Engineer Blue Bird Body Company Fort Valley GA 31030; Dear Mr. Milby: This is in response to your letter of February 7, 1972, in which yo discussed some problems that you have encountered with the regulation on vehicles manufactured in two or more stages (49 CFR Part 568), as applied to the school buses of which you are the final-stage manufacturer. Since the receipt of your letter, Mr. Rumph of your company and Mr. Sweet of the Truck Body and Equipment Association met with Mr. Dyson of this office to discuss the issues raised in your letter. Also, on March 8 you sent a sample letter that you proposed to send to your customers.; As we understand the problem from your letter and the subsequen discussion, it is essentially that you are receiving chassis-cowls from school bus buyers, for mounting of your bodies as a final-stage manufacturer, which are inadequate for the purpose according to the gross vehicle and gross axle weight ratings now included with the incomplete vehicles under our multistage vehicle regulations, 49 CFR Part 568. The problem as you describe it appears to have arisen in the negotiation between the school bus buyers and the dealers from whom they bought the incomplete vehicles, in that the dealers sold chassis that were too lightly equipped with tires and axles for the loaded weight implicit in the buyer's specification, under both our certification regulations and accepted industry practice. You state that your company bears the immediate burden of the problem, because you have invested in the production of several dozen bodies whose installation is held up pending resolution of the problem.; From your discussion we assume that all parties are agreed that th bodies that the customers ordered (and you have built) are the ones that are to be used, and that the chassis that have been furnished to you can be economically modified to meet the requirements of our regulations and be safe for their intended use.; With these assumptions, we suggest the following course of action o your part:; 1. Complete each vehicle as planned. 2. Affix a certification label to each vehicle as you normally do stating on the label weight rating figures that will satisfy our regulations (Part 567) and the axle capacity requirements of the vehicle.; 3. Deliver the vehicle, but concurrently send a written statement b certified mail to the vehicle buyer to the effect that the vehicle *must be modified* in order to conform to the GVWR and GAWR figures on the certification label, both for purposes of safety and to conform to Federal regulations. The letter should advise the buyer to take the vehicle to a dealer of the chassis manufacturer for these modifications immediately upon receiving it. The sample letter you sent on March 8 will be satisfactory if you modify the second and third paragraphs to read as follows:; >>>'Federal Regulations 49 CFR Part 567, *Certification*, requires Blu Bird to certify the front and rear gross axle weight rating (GAWR) and the gross vehicle weight rating (GVWR) of completed vehicles, and specifies a minimum GVWR based on seating capacity.; 'Your vehicle may be shipped as it is, however, the values of GAWR an GVWR shown on the certification plate will be contingent on the chassis modifications indicated above. These changes *must*, in the interest of safety, be made before the vehicle is placed into service, and you should take the vehicle to your chassis dealer as soon as you receive it.'<<<; 4. Send copies of each such statement to (a) Office of Standard Enforcement, National Highway Traffic Safety Administration, Washington, D.C. 20590, (b) the manufacturer of the chassis that was delivered to you, and (c) the dealer from whom the buyer ordered the chassis, if any and where known to you.; This procedure is allowed only as to chassis that have already bee received by Blue Bird as of the receipt of this letter, and it should not be viewed as precedent for future action by any other persons. In the future, Blue Bird as the final-stage manufacturer must take responsibility for the vehicle as completed by it, to the extent of its knowledge of relevant facts.; We are pleased to be of assistance. Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam3239OpenMr. David T. Steadman, Senior Section Engineer, Project and Development Center, British Standards Institution, Maylands Avenue, Memel Hempstead, Herts HP2 4SQ England; Mr. David T. Steadman Senior Section Engineer Project and Development Center British Standards Institution Maylands Avenue Memel Hempstead Herts HP2 4SQ England; Dear Mr. Steadman: Please accept my apologies for our delay in responding to your lette of November 30, 1979. You asked whether five enumerated types of machinery capable of highway travel would be considered motor vehicles to which Federal Motor Vehicle Safety Standards and fuel economy standards would apply. The vehicles enumerated in your letter were:; >>>Wheel-mounted front-end loader, Crawler-mounted front-end loader Crawler- mounted hydraulic excavator, (Rough terrain) fork lift truck, Backhoe-loader<<<; As explained below, these vehicles are not subject to fuel econom standards. However, without more detailed information concerning these machines, we cannot give you a definitive answer as to their possible classification as motor vehicles to which Federal motor vehicle safety standards may be applicable. Nonetheless, we can provide you with guidelines for use in determining the status of these vehicles.; Pursuant to Title V of the Motor Vehicle Information and Cost Saving Act (15 U.S.C. 2001), this agency has promulgated regulations which establish the categories of motor vehicles that are subject to fuel economy standards. The regulations (49 CFR Part 523, copy enclosed) state that fuel economy standards are applicable only to automobiles, light trucks, and automobiles capable of off-highway travel. The definitions of these items which appear in Part 523 do not appear to encompass the types of vehicles that you enumerated in your letter.; Our safety standards apply to a vehicle and its manufacturer only i the vehicle qualifies as a 'motor vehicle' under the provisions of the National Traffic and Motor Vehicle Safety Act of 1966. Section 102(3) of the Act (15 U.S.C. 1391(3)) 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 has reason t expect will use public highways at least part of the time.; Tracked (i.e., crawler mounted) and other vehicles incapable of highwa travel are not motor vehicles. In addition, vehicles intended and sold solely for off-road use (e.g., aircraft runway vehicles and underground mining vehicles) are not considered 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.; There are some vehicles which are excepted from the motor vehicl classification despite their use of the highway. Highway maintenance and construction equipment lane strippers, 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 vehicles.; Historically, the agency has regarded vehicles which use the highway o a necessary and recurring basis to move between work sites as motor vehicles. The primary function of such vehicles is of a mobile, workperforming nature and as such their manufacturer contemplates a primary use of the highway. Mobile cranes, rigs, and towed equipment such as chippers and pull-type street sweepers are examples of vehicles which, in the agency's views, qualify as trucks or trailers and, as such are subject to several of the Motor Vehicle Safety Standards.; However, in a recent decision the United States Court of Appeals fo the Seventh Circuit held 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*, 605 F.2d 280 (7th Cir. 1979). The agency has decided not to seek certiorari to the United States Supreme Court. Accordingly, the agency considers itself to be bound by the court's judgment in *Koehring* within the territorial limits of the Seventh Circuit (i.e. the states of Illinois, Indiana and Wisconsin) although it has not yet formulated its policy with respect to the nationwide applicability of the court's holdings. A manufacturer seeking to export vehicles from the United Kingdom to any of these states might wish to consult an attorney who practices in the Seventh Circuit.; A copy of the *Koehring* decision is enclosed. Also enclosed is a information sheet containing advice for obtaining an up-to-date copy of the regulations which apply to motor vehicles and their manufacturers, and a copy of 49 CFR Part 523, *Vehicle Classification*.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3672OpenThe Honorable David L. Boren, United States Senate, Washington, DC 20510; The Honorable David L. Boren United States Senate Washington DC 20510; Dear Senator Boren: This responds to your recent letter requesting information on behalf o one of your constituents, Mr. John H. Kiser. Mr. Kiser is concerned about the growing practice of persons installing privacy glass' or one-way plastic films' on passenger car windows. He believes this is a dangerous practice because it prevents law enforcement officers and other drivers from seeing inside the vehicles. Mr. Kiser thinks there should be Federal laws to prevent such installations in passenger cars.; A Federal regulation already exists which, under certain circumstances precludes the practice referred to by Mr. Kiser. The National Highway Traffic Safety Administration has the authority to govern the manufacture of new motor vehicles and motor vehicle equipment. Pursuant to the National Traffic and Motor Vehicle Safety Act, we have promulgated Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials*, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70 percent in areas requisite for driving visibility, which includes all windows in passenger cars) and abrasion resistance. This specification for light transmittance precludes darkly-tinted windows in new automobiles.; The agency has stated in past interpretations that solar films such a the type referred to in Mr. Kiser's letter are not glazing materials themselves, and would not have to comply with Standard No. 205. However, installation of such films on new motor vehicles would be prohibited if the vehicle glazing no longer complied with the light transmittance or abrasion requirements of the standard. If a vehicle manufacturer or a dealer places the film on glazing in a vehicle prior to sale of the vehicle, that manufacturer or dealer has to certify that the glazing continues to be in compliance with the requirements of Standard No. 205. Section 108(a)(1) prohibits any person from offering for sale or selling any motor vehicle or equipment that fails to comply with applicable safety standards.; After a new vehicle has been sold to the consumer, he may alter hi vehicle as he pleases, so long as he adheres to all State requirements. Under Federal law, the owner could install the tinting film on glazing in his vehicle whether or not such installation adversely affected the light transmittance and abrasion resistance of his vehicle's glazing. It should be noted, however, that section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act provides that 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 in compliance with an applicable motor vehicle safety standard. Render inoperative' means to remove, disconnect or degrade the performance of a system or element of design installed pursuant to the Federal safety standards. Thus, none of those persons may knowingly install a solar film on a vehicle for its owner if that act would render inoperative the light transmittance or abrasion resistance of the vehicle glazing. Whether this would be the case would have to be determined by the person making the installation. Violation of this section can result in Federal civil penalties up to $1,000 for each violation.; The preceding discussion regarding tinting films would be equall applicable to one-way privacy glass,' if such glass did not have a luminous transmittance of at least 70 percent. This means that such glass could not be installed by a dealer on new passenger cars prior to their first sale, nor by the persons mentioned in section 108(a)(2)(A), on used vehicles, to replace complying glazing.; The individual States must govern the operational use of vehicles b their owners since the agency does not have authority in this area. Thus, it would be up to the States to preclude owners from applying films or one-way glass on their own vehicles. Mr. Kiser may wish to contact the National Committee on Uniform Traffic Laws (555 Clark Street, Evanston, Illinois 60204) to find out which States have laws that would preclude owners from placing solar film on their automobile windows.; I am enclosing a copy of Safety Standard No. 205 for Mr. Kiser' information. Please contact Hugh Oates of my staff if you have any further questions (202-426-2992).; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4162OpenThe Honorable Edward F. Reilly, Jr., Kansas Senate, 430 Delaware Street, Leavenworth, KS 66048; The Honorable Edward F. Reilly Jr. Kansas Senate 430 Delaware Street Leavenworth KS 66048; Dear Mr. Reilly: Thank you for your letter enclosing correspondence from Mr. Dennis D Furr of Lansing, Michigan.; As we understand his letter, Mr. Furr contacted you to express hi concern about a Michigan state law which permits loading school buses up to 110 percent of the number of persons for which the bus has a rated seating capacity. He believes that installation of safety belts in school buses would reduce the likelihood that excessive numbers of children would be carried on each school bus seat.; You asked for information on Mr. Furr's suggestion for school bu safety belts. I am pleased to explain the two sets of regulations we have for school buses, both of which are relevant to school bus seating accommodations. Before I begin, I would like to note that in July 1985, we responded to an inquiry on Mr. Furr's behalf from U.S. Senator Donald W. Riegle, Jr., asking about requirements limiting school bus passenger capacities. In our response, we explained how manufacturers currently determine the passenger capacities of their school buses and that we know of no safety problem related to their calculations. A copy of our letter is enclosed for your information.; As explained in our letter to Senator Riegle, the first set o regulations we have for school buses, issued under the authority of the National Traffic and Motor Vehicle Safety Act, includes our motor vehicle safety standards which apply to the manufacture and sale of new school buses. Some of Mr. Furr's concerns involve one of those safety standards, Standard No. 222, *School Bus Passenger Seating and Crash Protection*, which specifies requirements for safety belts in small school buses. Standard No. 222 currently does not require safety belts for passengers in large school buses (those with gross vehicle weight ratings greater than 10,000 pounds) because large school buses are already required to provide high levels of protection to passengers through a concept called 'compartmentalization.' Compartmentalization requires that the interior of large buses be improved so that children are protected without the need to fasten safety belts. The seating improvements include higher and stronger seat backs, additional seat padding, and better seat spacing and performance. Our safety standards do require safety belts for passengers in smaller school buses since those buses do not offer the same protection as that provided by compartmentalization.; In his letter to you, Mr. Furr appears to be primarily concerned wit overloaded school buses and believes that safety belts would prevent schools from overcrowding school bus bench seats. We believe that this rationale for safety belts does not warrant a Federal requirement for belts on large school buses, since large school buses offer substantial protection to passengers and safety belts per se will not prevent users from overcrowding their buses. Thus, requiring safety belts in large school buses under Federal law would not assuredly lessen overcrowding of buses, and any possible improvement in seating accommodations would not be achieved.; On the other hand, we do not prevent States and local school district from ordering safety belts on their large school buses if they wish to do so. Thus, States may order school buses with safety belts if they believe this would reduce the likelihood that school buses would be overloaded. Issues relating to safety belts in large school buses are discussed in NHTSA's publication entitled, 'Safety Belts on School buses,' June 1985. I have enclosed a copy of the report for your information.; Our second set of regulations for school buses, issued under th highway Safety Act, consists of recommendations to the States for operating their school buses and applies to Federal funding of State highway safety programs. Those recommendations are found in Highway Safety Program Standard No. 17, *Pupil Transportation Safety* (copy enclosed, which Mr. Furr refers to as 'Federal Standard 17.' This 'standard,' or guideline, recommends that States provide seating accommodations of minimum specified dimensions for each school bus occupant and that States coordinate seating plans to eliminate standees. To reiterate, however, Program Standard No. 17 is a guideline for the States and its adoption is determined by the States. We have no reason to believe that Michigan has not evaluated thoroughly its pupil transportation needs in determining whether to implement the standard's recommendations.; I hope this information is helpful. Please let me know if we can be o further assistance.; Sincerely, Diane K. Steed |
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ID: aiam4411OpenMr. Paul Autery, President, Auto Accessories, Inc., P.O. Box 10044, New Iberia, LA 70561; Mr. Paul Autery President Auto Accessories Inc. P.O. Box 10044 New Iberia LA 70561; Dear Mr. Autery: This responds to your letter to Mr. John Messera, of our Office o Vehicle Safety Compliance, concerning the installation of your company's armrest in certain Volvo models. Specifically, you propose to have dealers remove the part of the front seat belt assembly that contains the buckle for the belt, straighten a metal guide that ensures that the buckle portion of the seat belt assembly will remain accessible to passengers, and discard a spacer washer that is provided with the seat belt assembly. The spacer washer would be replaced by the armrest mounting bracket, which you stated is the same thickness as the spacer washer it would replace. You asked us whether this procedure would be permissible under the law and our regulations. As explained below, any dealers that follow your proposed installation might violate Federal law.; Standard No. 208, *Occupant Crash Protection* (49 CFR S571.208) set forth minimum requirements for occupant protection. Additionally, section S7.2 sets forth an accessibility requirement for safety belt latch mechanisms that reads as follows:; S7.2 *Latch mechanism*. A seat belt assembly installed in a passenge car, except an automatic belt assembly, shall have a latch mechanism --; (a) Whose components are accessible to a seated occupant in both th stowed and operational positions, ...; Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safet Act, as amended (15 U.S.C 1397(a)(2)(A)) provides that: 'No manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard ...' This statutory prohibition might be violated by any dealer that followed your proposed installation procedures for your armrest.; For example, it may be that Volvo installed the metal guide on it front seat safety belts for the purpose of complying with section S7.2 of Standard No. 208. If this were the case, any dealer that straightened that metal guide, in accordance with your installation instructions, might render inoperative a device (that metal guide) that was installed in the vehicle in compliance with Standard No. 208. In this situation, whether the dealer actually renders inoperative the metal guides by straightening them depends on whether the buckle portion of the seat belt assembly no longer complies with section S7.2 (which requires the buckle to be accessible to the front seat occupant) after the installation.; Section 109 of the Safety Act specifies a civil penalty of up to $100 for each violation of section 108(a)(2)(A), up to a maximum of $800,000 for a related series of violations. We would consider each installation of your armrest by a dealer that renders inoperative the vehicle's compliance with Standard No. 208 to be a separate violation. Accordingly, a dealer might be liable for a civil penalty of $1000 multiplied by the number of vehicles in which the dealer had installed armrests in accordance with your instructions.; Please do not misconstrue this letter as suggesting that this agenc either approves or disapproves the proposed installation instructions for your armrests. The Safety Act does not give NHTSA any authority to approve or endorse any products. Instead, the Safety Act places the initial responsibility for determining whether your proposed installation instructions violate a legal or regulatory requirement on your company. The agency may reexamine your initial determination in the context of an enforcement action.; To comply with your legal obligations, I suggest that you carefull reexamine the proposed installation instructions and compare those instructions with the requirements of Standard No. 208, to determine if installing your armrests in accordance with your installation instructions would result in the vehicle no longer complying with Standard No. 208. If it would do so, you will have to devise some other means of installing your armrests, so that dealers would not be instructed to render inoperative the vehicle's compliance with Standard No. 208. If your proposed installation instructions do not result in a rendering inoperative of the vehicle's compliance with Standard No. 208, dealers can follow those instructions without violating any provisions of the law.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam4977OpenMr. Lance Watt Director of Engineering The Flxible Corporation 970 Pittsburgh Drive Delaware, Ohio 43105-2859; Mr. Lance Watt Director of Engineering The Flxible Corporation 970 Pittsburgh Drive Delaware Ohio 43105-2859; "Dear Mr. Watt: This responds to your letter of February 11, l992 asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it relates to several scenarios regarding the wiring and use of optional brake retarder transmissions on city transit buses manufactured by your company. In your current design, the retarder is designed so that it is electrically operated during the initial travel of the service brake pedal. As the service brake pedal is further depressed, the service brakes are activated, and this in turn illuminates the stop lamps. You have enclosed a copy of my letter of September 20. 1990, confirming that this design conforms to Standard No. 108, specifically S5.5.4 which states that 'The stop lamps on each vehicle shall be activated upon application of the service brakes.' Since that time, several additional scenarios have presented themselves. First, some customers have requested that the transmission retarder be activated when the accelerator pedal is released, rather than when the brake pedal is applied. In this configuration, the stop lamps would not be illuminated, 'and therefore, following vehicles may be unaware of this sudden reduction in vehicle speed', unless the service brakes were also applied. However, some customers wishing this option would like to have the stop lamps illuminated by the retarder, that is to say, when the accelerator is released. Second, some customers have also requested a retarder cut-off switch in order to disable the retarder during icy or slippery road conditions. In such a case, the stop lamps would also be activated at the time of accelerator release 'with minimal if any change in vehicle forward speed, and again, potentially with no intent on the part of the driver to use the service brakes.' To date, your company has resisted these requests, but these customers, without a specific NHTSA interpretation on the point, threaten to declare your company a nonresponsive bidder on transit bus procurements. You have asked whether a noncompliance with section S5.5.4 would result 'if the stop lamps were activated without depressing the brake pedal as requested by our customers.' The purpose of the retarder feature is to provide supplemental braking to city transit buses. This braking results in the deceleration of the vehicle. A stop lamp is defined by SAE Standard J1398 MAY85 Stop Lamps for Use on Motor Vehicles 2032 mm or More in Overall Width as one that indicates 'the intention of the operator of a vehicle to stop or diminish speed by braking.' Whenever the brake retarder is activated with the intent of diminishing speed by braking, Standard No. 108 does not require that the stop lamps be activated. The only mandate of the standard (S5.5.4) is that when the service brakes are applied, the stop lamps must be illuminated. Nor does Standard No. 108 prohibit illumination of the stop lamps by release of the accelerator pedal followed by activation of the retarder. This is because the intention of the driver is to diminish speed by the braking action of the retarder. We distinguish this situation from the one in an interpretation provided Larry Snowhite, Esq. on January 25, 1990, in which a device activated the stop lamps whenever the accelerator pedal was released, regardless of the intent of the driver. Activation of the stop lamps initiated by release of the accelerator pedal is permissible only when the intent of the driver is to reduce the speed of the vehicle by an immediate subsequent act of braking, whether that is achieved through his use of the service brake system, use of retarders, or a combination of the two. However, a configuration where the stop lamps operate in the absence of service brake application or activation of a retarder system (as appears to occur when a retarder cut off switch has been activated) would be subject to S5.1.3 of the standard. This prohibits the installation of motor vehicle equipment that impairs the effectiveness of the lighting equipment required by Standard No. 108. In this instance, the retarder cut off feature would permit the stop lamps to send the false signal that the operator intended to stop or reduce vehicle speed when, in fact, there was no intent to do so. I hope that this answers your question. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam5034OpenMr. Douglas Berg President Ascend Productions 9823 Lake Avenue Cleveland, Ohio 44102; Mr. Douglas Berg President Ascend Productions 9823 Lake Avenue Cleveland Ohio 44102; "Dear Mr. Berg: This responds to your letter requesting that th National Highway Traffic Safety Administration provide 'recognition and support' for your item of motor vehicle equipment, the 'Hazard Helper Safety Sign.' You explained that this reversible device attaches to the driver's window and displays either a help needed symbol (a stick figure with extended arms and legs) or a hazard alert symbol (a triangle). Your sales literature indicates that the help needed symbol is intended to be displayed in the event of medical emergencies, mechanical breakdown, having a flat tire, or being stuck in snow or being out of fuel. The hazard alert symbol is intended to be displayed for going for gasoline, doing roadside repairs, resting, or awaiting known assistance. As discussed below, this agency does not recognize, support or otherwise endorse particular products. Moreover, based on the information provided with your letter, it appears that your device would not comply with certain provisions of Federal Motor Vehicle Safety Standard No. 125, Warning Devices (49 CFR 571.125, copy enclosed). By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the 'Safety Act') gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 125, Warning Devices. The Safety Act provides that no person shall 'manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States' any new motor vehicle or new item of motor vehicle equipment unless the vehicles or equipment comply with the applicable standard. (See 15 U.S.C 1397(a)(1)(A).) NHTSA has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. Instead, the Safety Act establishes a self- certification process under which each manufacturer is required to certify that each of its products meets all applicable Federal Motor Vehicle Safety Standard. (See 15 U.S.C. 1403.) I am enclosing a general information sheet explaining NHTSA's regulations. Section S3 of Standard No. 125 specifies that the standard 'applies to devices, without self-contained energy sources, that are designed to be carried in motor vehicles, and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle.' (Emphasis added.) Your device has no self-contained energy source, is designed to be carried in motor vehicles, and is not permanently affixed to the vehicle. Another condition set forth in S3 is that the device must be designed to be used to 'warn approaching traffic of a stopped vehicle.' Devices that are not intended to warn approaching traffic of a stopped vehicle, but only to alert passing traffic of the stopped vehicle's need for assistance, are not subject to Standard No. 125. An example of such a device would be a 'HELP' message printed on a folding cardboard sunshade. The 'help needed' portion of your device appears to be designed to function in the same manner as other non-warning devices, i.e., it does not appear to be intended to warn approaching traffic of a stopped vehicle, but to alert passing traffic that the stopped vehicle needs assistance. This portion of the device would therefore not be subject to Standard No. 125. However, the 'hazard alert' portion of your device does appear to be intended to warn approaching traffic of a stopped vehicle, and must therefore comply with all of the requirements of Standard No. 125. From the enclosed copy of the standard you will see that some of the specific requirements with which your device must comply include minimum size, durability, material, container, labeling, configuration, color, reflectivity, luminance, and stability. From the information you provided with your letter, it appears that your device would not comply with several of these requirements. Please be aware that violations of Safety Act provisions are punishable by civil fines of up to $1,000 for each violation of a safety standard. In addition, the Act requires manufacturers to remedy their products if they fail to comply with any applicable safety standards. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam4740OpenTimothy A. Kelly, President Salem Vent International, Inc. P.O. Box 885 Salem, VA 24153; Timothy A. Kelly President Salem Vent International Inc. P.O. Box 885 Salem VA 24153; "Dear Mr. Kelly: This responds to your request for an interpretation o Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus Window Retention and Release as it applies to roof exits. You asked four specific questions which I have addressed below. First, you asked for confirmation that the only specification in Standard No. 217 concerning the size of roof exits is the requirement that the exit be able to accommodate an ellipsoid with a major axis of 20 inches and a minor axis of 13 inches pushed horizontally through the exit opening. Your understanding is not entirely correct. The ellipsoid requirement to which you refer, set forth in S5.4.1 of Standard No. 217, is the only provision in the standard that specifies a minimum size requirement for roof exit openings. Although there is no maximum size limit, you should be aware that S5.2 of Standard No. 217 provides that, in determining the total unobstructed openings for emergency exit provided by a bus, no emergency exit, regardless of its area shall be credited with more than 536 square inches of the total area requirement. Thus, if a roof exit is larger than 536 square inches, only 536 square inches will be counted for the exit in determining whether the bus complies with the unobstructed openings requirement of S5.2 of Standard No. 217. Second, you asked for confirmation that Standard No. 217 does not permit the use of escape hatches or ventilators in the roof of school buses as a substitute for any of the emergency exits required on school buses by S5.2.3 of Standard No. 217. This understanding is correct. Additionally, you should be aware that the agency has a longstanding position that any emergency exits, including any roof exits, installed on a school bus in addition to the emergency exits required by S5.2.3 must conform to the requirements of Standard No. 217 for emergency exits installed on buses other than school buses. See the enclosed July 6, 1979 interpretation to Robert Kurre on this issue. Third, you asked for confirmation that Standard No. 217 permits the use of roof exits as a substitute for the rear exit door on buses other than school buses. This statement is not entirely correct. S5.2.1 of Standard No. 217 requires the use of a rear exit door on all non-school buses with a GVWR of more than 10,000 lbs., except where the configuration of the bus precludes the installation of an accessible rear exit. In that case, S5.2.1 requires the installation of a roof exit in the rear half of the bus in lieu of the rear exit. This substitution of a roof exit for a rear exit door is allowed only where the bus design precludes the use of a rear exit (such as on rear-engine buses). It is not an option allowing the substitution of a roof exit for the rear door in any design. Fourth, you asked whether the addition of more than one roof exit on a non-school bus would allow a manufacturer to delete any other required exits in addition to the rear door. It is possible that increasing the total exit space on the bus by adding roof exits could enable a manufacturer to reduce the number or size of other emergency exits on the bus and still comply with the unobstructed openings requirement of S5.2. You should be aware that exit space provided by roof exits is not counted in determining compliance with the requirement in S5.2 that 40 percent of the total unobstructed openings be located on each side of the bus. Whether this substitution of additional roof exits could be made on any particular non-school bus would depend upon whether the bus complied with the exit space and location requirements of S5.2.1 (if the bus has a GVWR of more than 10,000 pounds) and the applicable requirements of S5.2.2 (if the bus has a GVWR of 10,000 pounds or less). I hope you have found this information helpful. Please do not hesitate to contact David Greenburg of my staff at (202) 366-2992 if you have any further questions or need additional information. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosure"; |
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ID: aiam5014OpenJohn J. Jacoby President Cleartec 1919 Paper Mill Road Huntington Valley, PA 19006-5813; John J. Jacoby President Cleartec 1919 Paper Mill Road Huntington Valley PA 19006-5813; "Dear Mr. Jacoby: I have been asked to respond to your April 6, 199 letter to former Secretary Skinner, because our agency, the National Highway Traffic Safety Administration (NHTSA), is the part of the Department of Transportation that administers the program about which you asked. Specifically, your letter asks whether there are any Federal regulations that affect a new product Cleartec has developed. The product, Clean Sweep Strips, is a transparent material applied to the windshield in a herringbone pattern, in the path of the wipers, to clean the wipers. I am pleased to have this opportunity to explain our regulations to you. By way of background information, 103 of the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1392) authorizes NHTSA to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards. In addition, the Safety Act requires manufacturers to recall and remedy any motor vehicle or item of motor vehicle equipment that contains a safety-related defect. Your letter states that Clean Sweep Strips could be manufactured into new windshields. If a windshield with Clean Sweep Strips were installed as original equipment by a manufacturer of a new motor vehicle, the manufacturer would have to certify that the vehicle, with the Clean Sweep Strips installed, complies with all applicable safety standards. NHTSA has issued two safety standards, compliance with which might be affected by the installation of your Clean Sweep Strips. First, Standard No. 205, Glazing Materials, establishes a number of requirements for light transmittance, abrasion resistance, and optical deviation and visibility distortion for windshields. Second, Standard No. 104, Windshield Wiping and Washing Systems, establishes requirements for a minimum area that must be wiped by the wiping system, and the frequency at which the wiping system must operate. Any manufacturer that installed your product as original equipment on a windshield would have to certify that the windshield continued to comply with Standards No. 205 and 104 with your product installed. After the first sale to a consumer, a vehicle is no longer required by Federal law to conform to all safety standards. However, 108(a)(2)(A) of the Safety Act provides as follows: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard... This provision means that a manufacturer, dealer, distributor, or repair business cannot install your Clean Sweep Strips on any vehicle if such installation results in the vehicle no longer complying with Standard No. 205 or 104. Violations of this 'render inoperative' prohibition are punishable by civil fines of up to $1,000 per violation. I note that the 'render inoperative' prohibition does not affect modifications made by vehicle owners to their own vehicles. Thus, individual vehicle owners may install your Clean Sweep Strips on their own vehicles, even if this installation causes the vehicles to no longer comply with applicable safety standards. Such installations may be regulated, however, by State law. If you are interested in further information on the provisions of State laws, you may wish to contact the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Virginia 22203. Additionally, under the Safety Act, Clean Sweep Strips would be considered an item of motor vehicle equipment. Your company, as a manufacturer of motor vehicle equipment, would be subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety defects. In the event that NHTSA or a product's manufacturer determines that a product that is an item of motor vehicle equipment contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Finally, I have enclosed a general information sheet for new manufacturers which summarizes NHTSA's regulations and explains where to obtain copies of Federal motor vehicle safety standards and other regulations. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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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.