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: aiam2594OpenMr. Kenneth R. Brennan, Hendrickson Mfg. Co., 8001 West Forty-Seventh Street, Lyons, IL 60534; Mr. Kenneth R. Brennan Hendrickson Mfg. Co. 8001 West Forty-Seventh Street Lyons IL 60534; Dear Mr. Brennan: This responds to your May 17, 1977, letter asking for an interpretatio of 'unloaded vehicle weight.' You are interested specifically in whether cranes and drill rigs are included in the computation of a vehicle's 'unloaded vehicle weight.'; 'Unloaded vehicle weight' is defined in the Code of Federa Regulations, Title 49, Part 571.3 to mean; >>>the weight of a vehicle with maximum capacity of all fluid necessary for operation of the vehicle, but without cargo or occupants.<<<; Through a previous interpretation (copy enclosed), the National Highwa Traffic Safety Administration (NHTSA) has determined that the 'weight of the vehicle' includes the weight of those accessories that are installed on a vehicle before delivery and are not ordinarily removed.; From the description of the apparatus to which you refer in you letter, it would appear that the cranes or drilling rigs are not normally removed from the vehicle when not in use. Further, the removal of these pieces of equipment appears to be a cumbersome task. Accordingly, it is the opinion of the NHTSA that the weight of the equipment to which you refer would be part of the 'weight of the vehicle' and, therefore, would be included in the computation of the 'unloaded vehicle weight.'; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam0053OpenMr. Gordon F. Lee, Vice President, Badger Auto Body Company, 415 S. Third Street, Milwaukee, WI 53204; Mr. Gordon F. Lee Vice President Badger Auto Body Company 415 S. Third Street Milwaukee WI 53204; Dear Mr. Lee: Thank you for your cooperation and response to the Federal Highwa Administration request regarding the 'Certification Requirements.'; The information you have provided will be very useful to us, however in accordance with Section 112 of the National Traffic and Motor Vehicle Safety Act of 1966, it would be appreciated if you would provide us with information as to where your tag will be located on your vehicles and also the serial identification system as requested in order that vehicles manufactured (complete) after January 1, 1968, can be identified.; In regard to your question as to whether there is an exception to th law regarding the placement of the three light markers at the rear of your vehicle because of the limited space on your rear frame, the answer is there is no exception and adherence is required. One possible solution to your problem might be to mount an additional bracket to mount the cluster of lights. This is only a suggestion and you may be able to arrive at a more practical arrangement.; Trusting this information answers your questions. Sincerely, Joseph R. O'Gorman, Acting Director, Office of Performanc Analysis, Motor Vehicle Safety Performance Service; |
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ID: aiam4769OpenMr. Reese Chappell Engineer Auto Ventshade Company 3571 Broad Street Chamblee, Georgia 30341; Mr. Reese Chappell Engineer Auto Ventshade Company 3571 Broad Street Chamblee Georgia 30341; "Dear Mr. Chappell: Thank you for your letter asking how Federa regulations would apply to a product called a 'Ventvisor' manufactured by your company. You enclosed a brochure that included pictures of the Ventvisor. Described as a rain deflector, the Ventvisor appears to be a strip of molded tinted glazing material several inches wide that is secured on the window frame and running from the front around the top of side windows on motor vehicles. I am pleased to have this opportunity to explain how the requirements of this agency apply to this product. Some background information about the agency may be useful. NHTSA has the authority under the National Traffic and Motor Vehicle Safety Act to issue safety standards applicable to new motor vehicles and new 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 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. I have enclosed an information sheet that briefly describes manufacturers' responsibilities under the Safety Act and how to obtain copies of this agency's standards and regulations. Your company's product is described as made of 'acrylic' and would appear to overlap a portion of the side windows of motor vehicles that are 'requisite for driving visibility.' Accordingly, this product would be a glazing material for use in motor vehicles and would be subject to the requirements of Standard No. 205, Glazing Materials (49 CFR 571.205). Standard No. 205 specifies performance requirements for various types of glazing and also the locations in vehicles in which each type of glazing may be used. The standard also incorporates by reference 'ANS Z26,' the American National Standards Institute's Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways. Standard No. 205 permits devices such as your company's Ventvisor to be manufactured out of either Item 1, Item 2, Item 4, Item 10, or Item 11 glazing materials (the various types of glazing are designated as 'Items' in Standard 205). Your company's use of acrylic would appear to be acceptable since this type of rigid plastic could have an Item 4 rating, and Item 4 glazing may be used as a wind deflector on the side window of any vehicle. You should note that all Item 4 glazing must comply with Test No. 2 in ANS Z26, which requires the material to have a light transmittance of not less than 70 percent. Your letter noted that one version of your Ventvisor is not tinted, while another version is tinted so that it has 47.5 percent light transmittance. This tinted version of the Ventvisor would appear to not comply with the light transmittance requirements of Standard No. 205. The standard also sets forth additional performance requirements for Item 4 glazing, as well as marking requirements for the glazing. If your company determines that the Ventvisor complies with the requirements of Standard No. 205, it may certify each Ventvisor in accordance with the provisions of S6 of Standard No. 205. Section 108(a)(1)(A) of 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 item of new motor vehicle equipment unless the equipment complies with all applicable safety standards and is so certified by its manufacturer. It would be a violation of this section of Federal law for any person to manufacture or sell the Ventvisor or any other glass or plastic wind deflector to be mounted on front side windows, unless those products comply with all requirements of Standard No. 205. Federal law provides for a civil penalty of up to $1,000 for each such violation. Manufacturers of motor vehicle equipment, such as the Ventvisor, also have responsibilities under the Safety Act for any defects related to motor vehicle safety that are determined to exist in their products. The Safety Act requires such manufacturers to notify purchasers about any defects related to motor vehicle safety and to remedy such defects free of charge. I hope this information is helpful. If you have any further questions or need any additional information about this topic, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam1091OpenMr. Lowell Liebenstein, President, Gil-Mar Welding Corp., 2142 Maple Road, Grafton, WI 53024; Mr. Lowell Liebenstein President Gil-Mar Welding Corp. 2142 Maple Road Grafton WI 53024; Dear Mr. Liebenstein: This is in reply to your letter of March 14, 1973, asking how to compl with NHTSA Certification regulations in cases where you supply a trailer chassis or frame only, and another manufacturer installs the body. In another example, you supply the vehicle without an axle assembly, which is, we assume, also installed by another party.; Based on your letter, the procedures to be followed in certifyin vehicles such as these are those contained in NHTSA regulations for 'Vehicles Manufactured in Two or More Stages' (49 CFR Part 568, copy enclosed). Briefly, these regulations require the incomplete vehicle manufacturer, who would be you in these cases, to furnish with the incomplete vehicle a document indicating the extent that the incomplete vehicle a document indicating the extent that the incomplete vehicle conforms to Federal standards, and what the final stage manufacturer must do in order that the completed vehicle will conform to all applicable standards.; If upon your review of these regulations you have further questions, w will be pleased to respond to them.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam3556OpenMr. Wilmer E. Harper, President, Auto Safety House, 2630 W. Buckeye Road, P.O. Box 20643, Phoenix, AZ 85036; Mr. Wilmer E. Harper President Auto Safety House 2630 W. Buckeye Road P.O. Box 20643 Phoenix AZ 85036; Dear Mr. Harper: This responds to your March 25, 1982, letter asking whether an ol school bus body can be mounted on a new chassis if the resulting vehicle would not comply with the safety standards applicable to school buses (Standards 220, 221 and 222). The answer to your question is no.; The agency regards the installation of a new chassis on a school bus a constituting the manufacture of a new school bus. Accordingly, the new school bus would be required to comply with the safety standards in effect on the date of its manufacture. In the case to which you refer, that would include compliance with all of the current school bus safety standards.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4293OpenMr. Satoshi Nishibori, Engineering Representative, Nissan Motor Co., Ltd., 560 Sylvan Avenue, Englewood Cliffs, NJ 07632; Mr. Satoshi Nishibori Engineering Representative Nissan Motor Co. Ltd. 560 Sylvan Avenue Englewood Cliffs NJ 07632; Dear Mr. Nishibori: This is in reply to your letter of March 29, 1972, in which you as whether a Certification label 'which is made of some kind of hard material other than paper and affixed on the required place by using only one rivet and by gluing' will meet the requirements of section 567.4(b) of the Certification regulations.; We would consider such a label to be riveted, and consequently to mee the requirements of section 567.4(b).; Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4339OpenThe Honorable Bill Schuette, U.S. House of Representatives, P.O. Box 631, Midland, MI 48640; The Honorable Bill Schuette U.S. House of Representatives P.O. Box 631 Midland MI 48640; Dear Mr. Schuette: Thank you for your June 4, 1987, letter on behalf of your constituent Mr. Dale Lighthill of Owosso. Mr. Lighthill owns a semi-trailer which he has converted into a trailer home. He wishes to know whether there is any law which prohibits him from carrying persons in his travel trailer.; Our agency is responsible for promulgating safety standards for th manufacture and sale of new motor vehicles. We have no jurisdiction over the use of motor vehicles and thus have no regulation prohibiting Mr. Lighthill from carrying people in his travel home trailer. However, many states have enacted provisions in their vehicle codes for occupying moving trailers. Some states prohibit persons from occupying a moving trailer or operating a motor vehicle which is towing an occupied trailer, and some permit occupying a moving trailer only under certain circumstances. I am certain that the officials of the states your constituent plans to visit will be happy to provide information on their laws for transporting persons in moving trailers. In addition, Mr. Lighthill might find it helpful to contact the American Association of Motor Vehicle Administrators (AAMVA) for general information on state requirements. The AAMVA may be reached at: Suite 910, 1201 Connecticut Avenue, N.W., Washington, D.C., 20036. Telephone: (202) 296-1955.; Thank you for contacting our office. Please contact me if you or you constituent have any questions.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3106OpenMr. Leo Bachynsky, Laboratory Manger, R. E. Dietz Company, 225 Wilkinson Street, Box 4833, Syracuse, NY 13221; Mr. Leo Bachynsky Laboratory Manger R. E. Dietz Company 225 Wilkinson Street Box 4833 Syracuse NY 13221; Dear Mr. Bachynsky: This is in reply to your letter of August 21, 1979, asking for a interpretation of Federal Motor Vehicle Safety Standard No. 108 as it may apply to a proposed new product of your company.; This product, as you have described it, is a bi- directional Emergenc Vehicle Warning Lamp, with one lens facing to the front of the vehicle, and one to the rear. Each lens contains a 5/8 inch wide bank of relfex (sic) reflector around its periphery. The lamp would be supplied in a variety of colors (red, blue yellow) and a similar device. Less the reflex reflector area, is currently in production.; You have asked whether the inclusion of the reflex reflector in th device, 'impairs the effectiveness of the required equipment' within the prohibition of S4.1.3. You have also asked whether the equipment and location tables of Standard No. 108 restrict the use of a red reflex reflector facing the front and yellow reflex reflector facing the rear.; The determination of whether installation of additional lightin devices impairs the effectiveness of required equipment may be made either by the vehicle manufacturer or by NHTSA. Since your company already markets an emergency vehicle warning lamp we shall assume for purposes of discussion that vehicle manufacturers have determined that the lamp as currently manufactured does not impair other lighting equipment. Nor does it appear to us that the addition of the limited reflex reflector area would contribute to a degradation of the effectivenss (sic) of required lighting equipment, although a definitive judgment could not be made until the lamps were actually installed on a vehicle. The tables do not apply to supplementary lighting equipment such as your emergency lamp though the agency believes there is less likelihood of confusion if the public associates amber lighting devices with the front part of a vehicle, and red ones with the rear.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1992OpenMr. Daniel W. Lang, Suite 600, 9440 Santa Monica Boulevard, Beverly Hills, CA 90210; Mr. Daniel W. Lang Suite 600 9440 Santa Monica Boulevard Beverly Hills CA 90210; Dear Mr. Lang: This is in response to your letter of July 15, 1975, in which yo inquire as to the applicability of the National Traffic and Motor Vehicle Safety Act and the regulations promulgated thereunder to your client, Star Vision, as a manufacturer and installer of see-through fiberglass replacement tops.; Section 108(a) (2) (A) prohibits a manufacturer, distributor, dealer or motor vehicle repair business from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. This means that the installation on the top by Star Vision must not take a vehicle out of compliance with Safety Standard No. 216 or any other applicable safety standard. You should note that the requirements of section 108(a) (2) (A) apply to modifications of vehicles following their sale to a purchaser for purposes other than resale. It appears from the literature accompanying your letter that the tops are not installed on vehicles prior to their first sale. If they are, then Star Vision is subject to the notification, remedy, certification, and recordkeeping requirements of section 108(a) (1).; There is no specific requirement for testing the replacement tops i order to determine compliance with standard No. 216. However, since the Act prohibits knowingly rendering inoperative any vehicle or part of a vehicle in compliance with an applicable safety standard, Star Vision is under an obligation to test its product if it has reason to believe that installation of the tops will substantially degrade the performance of the vehicle roofs. If the company has no reason to believe that installation will affect the safety characteristics of the vehicle, it is not obligated to conduct compliance tests.; The replacement tops appear to be subject to Safety Standard No. 205 *Glazing Materials* (49 CFR 571.205). As a result, Star Vision must certify the tops in accordance with section 114 of the Act (15 U.S.C. S 1403).; If the tops do not comply with Standards Nos. 205 or 216 or any othe applicable safety standard, or if they contain a malfunction or defect related to motor vehicle safety, the company will be obligated by sections 151-60 of the Act to notify the purchasers of the kits and to remedy the defect or noncompliance without charge. In addition, section 108(c) of the Act provides that compliance with the Act will not exempt a person from common law liability.; We trust that this information will be of assistance. Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam5178OpenMr. Carl W. Ruegg President Carlo International, Inc. P.O. Box 250 Selma, CA 93662; Mr. Carl W. Ruegg President Carlo International Inc. P.O. Box 250 Selma CA 93662; Dear Mr. Ruegg: This responds to your letter of March 27, 1993, to Mr Eisner of the General Counsel's Office of the Department of Transportation (DOT). You intend to import 'car parts' into the United States, and would like to know 'the legal definition of a vehicle that comes within the scope of D.O.T. regulations'. You assume that 'a part such as fender or other body parts do not.' You have asked this question because some individual parts may arrive as part of assemblies, such as 'chassis and body assembly or perhaps chassis and body plus front & rear axle transmissions.' The National Highway Traffic Safety Administration (NHTSA) is the component of DOT that regulates the importation of motor vehicles and motor vehicle equipment, principally through the National Traffic and Motor Vehicle Safety Act and regulations issued under its authority such as the Federal motor vehicle safety standards (FMVSS). Each part or component of a motor vehicle is motor vehicle equipment subject to NHTSA's jurisdiction. The Act requires that motor vehicle equipment, whether new or used, meet all applicable FMVSS in order to be imported into the U.S. Some of the FMVSS apply to items of motor vehicle equipment. Thus, whether shipped separately or as part of an assembly, equipment such as brake hoses, tires, brake fluid, rims for vehicles other than passenger cars, glazing, seat belt assemblies, and wheel covers must comply in order to be admitted into this country. As your question implies, there is a point at which an assemblage of motor vehicle equipment becomes a 'motor vehicle'. An assemblage becomes an 'incomplete motor vehicle' subject to regulation as a vehicle manufactured in two or more stages (49 CFR Part 568) when it consists, at a minimum, of 'frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent those systems are to be part of the completed vehicle, that requires further manufacturing operations . . . to become a completed vehicle (Sec. 568.3).' As the intention is to import the vehicle without the electric power train, the assemblage you contemplate is not a 'motor vehicle' and remains an assemblage of motor vehicle equipment whose individual components, as noted in the preceding paragraph, are required to comply with the applicable FMVSS. Your letter informs us that ' t hese parts and partial assembly's (sic) would be sold as kits for conversion to electric vehicle.' When the power train is added, the person completing the manufacture of the vehicle is considered to be its manufacturer, required to certify compliance with all applicable FMVSS. If you have any further questions, we would be pleased to answer them. Sincerely, John Womack Acting 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.