NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
| Interpretations | Date |
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ID: aiam2416OpenMr. N. Harada, Yokohama Tire Corp., 1530 Church Road, Montebello, CA 90640; Mr. N. Harada Yokohama Tire Corp. 1530 Church Road Montebello CA 90640; Dear Mr. Harada: I am writing to confirm your October 15, 1976, telephone conversatio with Mark Schwimmer of this office, concerning the effective dates of the Uniform Tire Quality Grading Standards (UTQGS) (49 CFR Part 575.104).; As Mr. Schwimmer explained, (i) the National Highway Traffic Safet Administration has not yet established new effective dates for the UTQGS regulation, (ii) when the new effective dates are established, they will be announced in the Federal Register, and (iii) the interval between the announcement of the effective dates and the dates themselves will be sufficient to allow manufacturers to prepare for compliance with the regulation.; For your convenience, an information sheet entitled 'Where to Obtai Motor Vehicle Safety Standards and Regulations' is enclosed.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam1390OpenMr. L. A. Volberding, Administrative Manager, KAR-KRAFT, INC., 10611 Haggerty Street, Dearborn, MI 48126; Mr. L. A. Volberding Administrative Manager KAR-KRAFT INC. 10611 Haggerty Street Dearborn MI 48126; Dear Mr. Volberding: This is in reply to your letter dated December 6, 1973, in which yo ask whether there is a distinction between the reference to the 'lowest seating position' for motorcycles in S5.1.2.1 of Motor Vehicle Safety Standard No. 205, and the reference to 'lowest seating surface' in proposed 'Fields of Direct View' (Docket No. 70-7, Notice 2, 37 FR 7210, April 12, 1972). You also request an explanation for the difference between the reference to 15 inches above the seating surface in Standard No. 205, and 18 inches in Docket No. 70-7.; The notice in Docket No. 70-7, as you may know, has been withdrawn (3 FR 6194, March 7, 1973). However, we would consider the phrase 'lowest seating position' to be synonymous with 'lowest seating surface' with respect to these particular items. The 18-inch requirement proposed in Docket No. 70-7 represented a more recent evaluation than the 15-inch requirement in Standard No. 205 of the minimum desirable area for motorcycle visibility. Had that requirement become effective the agency would have taken steps to ensure that the requirements were consistent with each other.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4468OpenLeonard Cain, Director School Building and Transportation Mississippi State Department of Education Suite 306, Sillers Office Building P.O. Box 771 Jackson, MS 39205-077l; Leonard Cain Director School Building and Transportation Mississippi State Department of Education Suite 306 Sillers Office Building P.O. Box 771 Jackson MS 39205-077l; "Dear Mr. Cain: This letter responds to your inquiry of July 30, 1987 in which you pose some questions concerning the applicability of Federal motor vehicle safety standards and Standard 17 to certain vehicles used for transporting school students. I apologize for the delay in this response. Before I answer your specific questions, I think it might be useful to give you some general information on the Federal role in school bus regulation. The National Highway Traffic Safety Administration (NHTSA) deals with school buses under two different Federal laws: the National Traffic and Motor Vehicle Safety Act of 1966 (Vehicle Safety Act), and the Highway Safety Act. In 1974, Congress amended the Vehicle Safety Act and directed NHTSA to issue safety standards respecting certain elements of school bus performance, and addressing any person who manufactures or sells a new 'school bus.' The Federal Motor Vehicle Safety Standards issued under this Act are mandatory Federal standards that apply to school bus manufacturers and sellers. A school bus manufacturer must certify its vehicles as complying with Federal standards that are applicable to school buses. A seller may not sell a vehicle that does not comply with those standards if the seller has reason to know that the buyer intends to use the vehicle as a school bus. NHTSA defines 'school bus' as a motor vehicle designed for carrying 11 or more persons, including a driver, and sold for transporting students to and from school or school-related events. Note that in determining whether a vehicle is a school bus, one must consider both the vehicle's seating capacity, and its intended use. Under the Highway Safety Act, NHTSA has issued guidelines (23 CFR No. 17, Highway Safety Program Standard) that cover a wide range of subjects relative to school bus identification, operation, and maintenance. Different practices apply to 'school vehicles' under the guidelines depending upon whether the vehicle is 'Type I' or 'Type II.' This agency may recommend that an individual State adopt all or part of these guidelines as the State's own policy governing student transportation programs. However, pursuant to the Highway Safety Act, NHTSA does not require compliance with these guidelines. Instead, each individual State decides whether it will adopt some or all of these 'Standard 17' guidelines. Please keep this information in mind as I answer your questions in order. I have assumed in answering your questions that the activities to which you refer are school-related. Question 1a: Does a vehicle (type 1 bus) purchased by a local public school district for transporting students for only activity purposes have to conform to all Federal Motor Vehicle Safety Standards? The answer to your question is 'yes.' However, the agency's regulatory and enforcement authority is directed toward the person manufacturing or selling a school bus. This agency can not regulate purchase or use of a school bus, and consequently can not require a school district to purchase a particular kind of vehicle for transporting students. As noted above, the definition of 'school bus' includes vehicles sold for transporting students to and from school-related events. An activity bus is a school bus under this functional definition. Therefore, a manufacturer or seller of a vehicle who has reason to believe that the vehicle's intended use is solely for transporting students to and from school-related activities must ensure its compliance with any Federal safety standard that applies to a school bus. Question 1b: Does a bus purchased and used solely for activity purposes have to be painted school bus yellow? School bus color is a matter addressed under the guidelines set out in 'Standard 17' discussed above. Accordingly, the answer to your question depends on the laws and regulations of Mississippi. There is no Federal standard requiring that a manufacturer or seller paint a school bus a particular color. Question 2a: Does a van (designed to carry 11 or more persons) purchased by a local public school district for transporting students for only activity purposes have to conform to all Federal Motor Vehicle Safety Standards? Recall again that our regulations are directed to school bus manufacturers and sellers. A van designed to carry 11 or more persons, and intended to transport students to and from school-related events is a 'school bus' under the agency's definition. Therefore, a manufacturer or seller would have to ensure the vehicle's compliance with any applicable Federal safety standard. To determine whether a local school district may use a noncomplying vehicle it purchases, you must look to state law. Question 2b: Does a van purchased and used solely for activity purposes have to be painted school bus yellow? Again, for the reasons set out in my answer to Question 1b, the answer to this question depends on the laws of your State. I hope you find this information helpful. Sincerely, Erika Z. Jones Chief Counsel"; |
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ID: aiam2945OpenMr. T. Szkolnicki, Mechanical Engineering, Motor Coach Industries, Inc., Pembina, ND 58271; Mr. T. Szkolnicki Mechanical Engineering Motor Coach Industries Inc. Pembina ND 58271; Dear Mr. Szkolnicki: This responds to your January 2, 1979, request for confirmation that July 23, 1976, interpretation of S5.3.3 and S5.3.4 of Standard No. 121, *Air Brake Systems*, has been incorporated into the body of the regulation. I regret that you did not receive a reply to your letter of November 27, 1978, which was addressed to someone who is no longer in this office.; The interpretation in question has not been incorporated into the bod of the regulation. During a court review of the standard which only recently concluded, the agency was making as few changes to the standard as possible. Consideration is now being given to revision of the standard in minor respects, but no date has been established for action. Until any such action is taken, you may continue to rely on the July 23, 1976, interpretation as the agency's official view of the meaning of S5.3.3 and S5.3.4.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam0978OpenMr. Robert L. Scates, R.R. 1, Box 168, Prairie Farm, Wisconsin 54762; Mr. Robert L. Scates R.R. 1 Box 168 Prairie Farm Wisconsin 54762; Dear Mr. Scates: This is in reply to your letter of January 6, 1973, requestin information on requirements regarding the manufacture of truck-mounted campers. You specifically mention requirements dealing with wiring.; There are several Federal requirements applicable to campers. Camper are items of motor vehicles equipment under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 *et seq.*) and are required to conform to certain motor vehicle safety standards and regulations. Briefly, each camper must meet requirements applicable to the glazing materials (glass and plastics used in windows, doors, and interior partition) used in the camper (Federal Motor Vehicle Safety Standard No. 205, 'Glazing Materials', 49 CFR 571.205). each slide-in camper must, in addition, have affixed to it a label that indicates among other things its loaded weight. (Federal Motor Vehicle Safety Standard No. 126, 'Truck-Camper Loading', 49 CFR 571.126). All campers must also be certified in accordance with Section 114 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1403) as conforming to applicable standards. Each camper manufacturer must submit certain information concerning his company pursuant to NHTSA regulations, 'Manufacturer Identification' (49 CFR Part 566). You may obtain copies of NHTSA standards and regulations as explained on the enclosure.; We understand that certain states also have requirements, includin requirements for wiring, that apply to campers. Information regarding these requirements should be obtained from State authorities. Trade associations that represent recreational vehicle manufacturers may be of help in obtaining this information.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4192OpenMr. B. K. O'Neill, Autobra I, 2177 Andrea Lane, Ft. Myers, FL 33908; Mr. B. K. O'Neill Autobra I 2177 Andrea Lane Ft. Myers FL 33908; Dear Mr. O'Neill: Thank you for your letter of January 22, 1986, asking how ou regulations affect a product you manufacture. Your letter and the literature you enclosed describe your product as a modified acrylic tinted shield which fits over the front end of a passenger car. According to the pictures you enclosed with your letter, your shield fits over the headlights of some vehicles, in others it apparently only covers the front turn signals. I regret the delay in our response. As discussed below, your product could be affected by two Federal Motor Vehicle Safety Standards.; The National Highway Traffic Safety Administration (NHTSA) has th authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.; The agency has issued Standard No. 205, *Glazing Materials*, which set performance and marking requirements for glazing materials used in a vehicle. Auxillary wind deflectors are among the items of glazing materials covered by the standard. The agency has applied the standard to the type of wind deflector that is used at the location necessary for driving visibility. The purpose of the requirement is to ensure that wind deflectors do not obstruct or distort the vision of a driver. Thus, for example, the agency has said in a letter of October 2, 1985, to Mr. Rosario Costanzo that the standard would apply to a wind deflector designed to be mounted in the side window of a vehicle. The literature you enclosed shows that your product, which is a type of plastic shield, is not mounted in a location necessary for driving visibility and thus would not be covered by Standard No. 205.; Installation of your product in a new vehicle prior to its first sal would be affected by Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*, which sets, among other things, minimum candle power requirements for headlamps and turn signals. In addition, paragraph S4.1.3 of the standard prohibits the installation of motor vehicle equipment that impairs the effectiveness of lighting equipment required by the standard. Furthermore Society of Automotive Engineers Standard J580, *Sealed Beam Headlamp Assembly*, which is incorporated by reference in paragraph S4.1.1.36 and Tables I and II of Standard No. 108, prohibits styling features in front of headlamps when the lamps have been activated. Thus, S4.1.3, S4.1.1.35, and Tables I and II prohibit the use of fixed transparent headlamp covers as original equipment on motor vehicles. Part 567, *Certification*, of our regulations provides that a person that alters a new vehicle prior to its first sale must certify that the vehicle, as altered, still conforms with all applicable safety standards. Thus, an alterer could not install a version of your product which covers the headlamps of a vehicle. If a version of your product covers the turn signal or any other lighting device, the alterer must certify that the vehicle lights will still comply with Standard No. 108 with your product in place. Persons violating the certification requirements are subject to a civil fine of up to $1,000 per violation.; Installation of your product in a used vehicle would be affected b section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. Thus, a commercial business could not install a version of your product which covers the headlamps of a vehicle. If the version of your product covers the turn signal or any other required lighting device, the business must assure that the vehicle lamps will still comply with Standard No. 108 with your product in place. Commercial businesses that violate section 108(a)(2)(A) are subject to a civil penalty of $1,000 per violation.; The prohibition of section 108(a)(2)(A) does not apply to individua vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, the agency encourages vehicle owners not to remove or otherwise tamper with vehicle safety equipment. Also, any modifications made by a vehicle owner would have to comply with applicable state law.; In addition, you as a manufacturer of motor vehicle equipment ar subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. I have enclosed an information sheet which outlines those requirements.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3657OpenMr. A. Forbes Crawford, No. 10 - 905 Chilco Street, Vancouver, British Columbia, Canada V6G 2R3; Mr. A. Forbes Crawford No. 10 - 905 Chilco Street Vancouver British Columbia Canada V6G 2R3; Dear Mr. Crawford: This is in reply to your letter of January 10, 1983, to Secretary Lewi recommending that he make an 'administrative decision' that would exempt foreign manufacturers from compliance with National Highway Traffic Safety Administration (NHTSA) regulations for vehicles conforming to standards of their country of origin, and which are produced in quantities 'up to 50,000 per year with engines not exceeding 65 cu. in. or 1100cc (sic).'; The Department does not have the legal authority to issue a directiv of this nature. The National Traffic and Motor Vehicle Safety Act requires that all motor vehicles offered for sale in the United States meet all applicable Federal motor vehicle safety standards, unless temporarily exempted. No permanent exemption is authorized for any type of vehicle, and no discretionary power is provided for this purpose. Authority of a nature responsive to your request could be provided only by a Congressional amendment to the Act.; As a former principal of Jet Industries which was the beneficiary o one of the NHTSA temporary exemptions (No. 76-1) and an extension of it, you are aware that a mechanism exists by which you may participate in the American market in a manner that takes into account both your economic realities and our safety concerns.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4038OpenMs. Susan B. House, House Enterprises, 1450 Woodscliff Drive, Anderson, IN 46011; Ms. Susan B. House House Enterprises 1450 Woodscliff Drive Anderson IN 46011; Dear Ms. House: Thank you for your letter of November 7, 1985, inquiring about th Federal safety standards that apply to two solar glare shading products you have developed. You described the first product as an 8 inch diameter acrylic disk which is of optical quality and tinted. The second product is a 4 inch by 4 inch sheet of opaque plastic. You explained that both products are designed to be attached to a vehicle's windows by suction cups. The following discussion explains how our safety standards apply to your products.; Pursuant to the National Traffic and Motor Vehicle Safety Act, we hav issued 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% in areas requisite for driving visibility, which includes all windows in passenger cars).; No manufacturer or dealer is permitted to install solar films and othe sun screen devices, such as the one described in your letter, in *new* vehicles without certifying that the vehicle continues to be in compliance with the light transmittance and other requirements of the standard.; After a vehicle is first sold to a consumer, modifications to a vehicl are affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from tampering with safety equipment installed on a vehicle in compliance with our standards. Thus, no dealer, manufacturer, repair business or distributor can install a sun screen device for the owner of the vehicle, if the device would cause the window not to meet the requirements of Standard No. 205. Violation of the 'render inoperative' provision can result in Federal civil penalties of up to $1,000 for each violation.; Section 108(a)(2)(A) does not affect vehicle owners, who may themselve alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may install sun screening devices regardless of whether the installation adversely affects the light transmittance. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from using sun screens in their vehicles.; If you need further information, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3207OpenMr. Joe Cain, Ross Frame & Axle, Inc., P.O. Box 343, Ross, OH 45061; Mr. Joe Cain Ross Frame & Axle Inc. P.O. Box 343 Ross OH 45061; Dear Mr. Cain: This responds to your January 8, 1980, letter asking whether th computers connected to the air brake systems of trucks can be disconnected.; The computerized braking systems were used by some manufacturers t comply with the requirements of Standard No. 121, *Air Brake Systems*. Part of that safety standard was invalidated by the court in *PACCAR v. NHTSA*, 532 F2d. 632 (9th Cir. 1978). In that decision, the Court invalidated portions of the standard involving some of the road test requirements for trucks and trailers. The computer systems that you question were usually added for purposes of complying with the invalidated antilock sections of the standard.; The agency has previously addressed the question of whether th antilock system can be disconnected in light of the court decision. Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (the Act) states that--; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard....<<<; The issue is whether the antilock was 'installed .... in complianc with an applicable .... standard.' Because the NHTSA concluded that the 'no lockup' and 60-mph stopping distances have been invalidated from the effective date of the standard, we also conclude that a manufacturer could not have actually been installing antilock systems or the brake performance levels in satisfaction of such a requirement, however much intended. Therefore, the NHTSA would not consider it to be a violation of S 108(a)(2)(A) for a commercial facility to disconnect an antilock system or to provide instructions on how it can safely be disconnected. The NHTSA recommends that any modification be undertaken only after consulting with the manufacturer about the safest configuration of the particular vehicle.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1555OpenMr. Y. Takami, Technical Representative, Toyo Rubber Industry Company, Ltd., 3136 East Victoria Street, Compton, California 90221; Mr. Y. Takami Technical Representative Toyo Rubber Industry Company Ltd. 3136 East Victoria Street Compton California 90221; Dear Mr. Takami: This responds to your July 8, 1974, question whether publication of brochure that lists the rims that may be used with the tires produced by Toyo Tire Corporation would meet the requirements of S5.1 of Standard No. 119, *New pneumatic tires for vehicles other that passenger cars.*; Publications of such a brochure would meet the requirement of S5.1 s long as the tires ar listed in accordance with S5.1(ak), that is by manufacturer name or brand name, followed by a listing of rims that may be used with each tire listed. The brochure would have to be supplied to dealers of the manufacturer's tires, to any person upon request, and in duplicate to: Tire Division, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.