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: aiam1414OpenMr. John H. Rose, Transportation Supervisor, West Branch - Rose City Area Schools, School Bus Garage, 224 Thomas Street, West Branch, MI 48661; Mr. John H. Rose Transportation Supervisor West Branch - Rose City Area Schools School Bus Garage 224 Thomas Street West Branch MI 48661; Dear Mr. Rose: This responds to your February 8, 1974, letter asking whether antiloc devices are required on air-braked buses manufactured after September 1, 1974, if the chassis manufacturer is the party for compliance, and whether the September 1, 1974, effective date will be delayed.; The National Highway Traffic Safety Administration has issued Standard No. 121 on air brake systems, of which Docket 73-13, Notice 3, is only one part. It regulates all air-braked motor vehicles, including new school buses, manufactured after the effective date. We have delayed the effective date to January 1, 1975, and eased the requirements somewhat for an introductory period of January 1, 1975, to September 1, 1975.; As you stated, the regulation is directed to chassis manufacturers an dealers, who under the law are prohibited from selling vehicles which do not comply with the standard.; The standard does not require antilock devices, but generall manufacturers have indicated that they will use an antilock system to meet the requirements of the standard.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam3429OpenMr. Gustave J. Chicoine, President, CSMPCO Corporation, P.O. Box 18836, San Jose, CA 95158; Mr. Gustave J. Chicoine President CSMPCO Corporation P.O. Box 18836 San Jose CA 95158; Dear Mr. Chicoine: Thank you for your letter of March 3, 1981, providing additiona information about the 'Downshift Warning System Kit.'; After reviewing this information and the points you make concernin Federal Motor Vehicle Safety Standard No. 108, we wish to point out that the pertinent provisions of this standard are S4.1.3 and S4.5.4. For your information, a copy of Standard 108 is enclosed.; You will note that S4.1.3 provides that: 'No additional lamp reflective device or other motor vehicle equipment shall be installed that impairs the effectiveness of lighting equipment required by the standard.' Further, you will note that S4.5.4 provides that: 'The stop lamps on each vehicle shall be activated upon application of the service brakes.' This means that your system must not impair the effectiveness of the stop lamps that are original equipment on the vehicle, and that any application of the service brakes that does not activate the stop lamps would be inconsistent with Federal requirements. As we have made no formal study of your system, you will have to determine whether a vehicle on which it is installed would meet Standard No. 108.; Also enclosed for your information is a copy of the National Traffi and Motor Vehicle Safety Act. Section 108(a)(2)(A) is interpreted to mean that the installation of your system on a used vehicle by a person other than its owner must not render inoperative in whole or in part, the stop lamp system. However, the prohibitions of the Act and the standard do not cover sale of your system as an aftermarket device nor its installation solely by the vehicle owner. Use of it is subject to State regulation.; We would also like to call your attention to the agency's study: 'Fiel Test Evaluation of Rear Lighting Deceleration Signals - Analytical and Experimental Studies (1979)' (DOT HS 805 061). We urge that you obtain a copy of this report and consider it carefully with regard to your system. You may obtain a copy by writing to the National Technical Information Service, Springfield, Virginia 22161.; The agency has tentatively decided that a single high-mounted auxiliar stop lamp is the most effective way of preventing rear end collisions and has proposed that such be made available both as original equipment and in the aftermarket. I enclose a copy of the proposal for your consideration.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4616OpenMr. Richard J. Strohm 100 Devon Lane Naperville, IL 60540; Mr. Richard J. Strohm 100 Devon Lane Naperville IL 60540; "Dear Mr. Strohm: This responds to your letter, referred to me by Mr Edward Jettner of this agency, which asked the National Highway Traffic Safety Administration (NHTSA) to authorize the adjustment of the front seat in your Chevrolet Caprice by your automobile dealer. I regret the delay in responding. Your letter and enclosure explained that you would like your dealer to move back the front bench seat in your newly-purchased vehicle to give you more leg room. You stated that the front seat in your new vehicle is mounted closer to the front of the vehicle than the seat in your former car had been, and that you were more comfortable with the latter seat placement. You said that you contacted a customer service representative and that he told you Chevrolet is prohibited by law from moving the seat. You asked how Chevrolet can obtain authorization to make the desired adjustments. Federal law does not directly prohibit your dealer from adjusting the seat, it does, however, indirectly set limits on the modifications. By way of background, NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers must certify that their new vehicles and equipment conform to all of our safety standards applying to their product. If a new vehicle is modified before its first sale to a consumer, the person making the modification would have to certify that the vehicle, as altered, continues to comply with all applicable Federal motor vehicle safety standards. Moving back a seat on a new vehicle could affect compliance with Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, and No. 210, Seat Belt Assembly Anchorages. A dealer is not prohibited from making changes in the seat position as long as the modified seat and related safety components continue to perform in the manner required by the applicable standards. Your situation involves the modification of a vehicle after its first sale to a consumer. While our safety standards apply only to new vehicles, there are some statutory restrictions on modifications of this type. If a vehicle is modified after its first sale, then /108(a)(2)(A) of the Vehicle Safety Act would apply. That section provides, in pertinent part: 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 ... Your dealer is not prohibited by /108(a)(2)(A) from making the seat adjustment if the adjustment can be made without rendering inoperative your vehicle's compliance with any applicable Federal safety standard. It may be that the dealer you contacted has determined that it cannot move the seat rearwards without rendering inoperative a component or element of design now in compliance with the Federal safety standards. The prohibition of /108(a)(2)(A) only applies to commercial businesses, not to individuals. Thus, under Federal law, vehicle owners may themselves make any modifications to their vehicles. They must, however, comply with any applicable State laws limiting modifications. If you have any further questions, please feel free to contact us. Sincerely, Stephen P. Wood Acting Chief Counsel"; |
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ID: aiam1044OpenMr. Gerald R. Green, 110 Winnsboro Court, Jackson, MS 39206; Mr. Gerald R. Green 110 Winnsboro Court Jackson MS 39206; Dear Mr. Green: This is in reply to your letter of February 5, 1973, concerning th mileage on the used Volkswagen you recently purchased.; I am enclosing two documents for your reference. The first is a copy o Title IV, Odometer Requirements, of the Motor Vehicle Information and Cost Savings Act, Public Law 92-513. This is the basic Federal law applicable to odometers. Section 409 of the Act describes the principal remedy available to defrauded buyers. The second document is the odometer disclosure regulation issued by this agency pursuant to section 408(a) of the Act.; Of particular relevance to your situation are the dates on which th provisions of Federal law become effective. Public Law 92-513 was signed by the President on October 20, 1972, and became effective 90 days later - on January 18, 1973. On and after that date it became unlawful to reset an odometer with the intent to change the mileage. A person who resets an odometer before that date would not have committed an unlawful act under Federal law. In your case, it must be established that the odometer was reset on or after January 18 in order to hold the seller liable under the Act.; In sales occurring after March 1, 1973, the disclosure requirement apply, and a seller who fails to disclose a reset odometer may be held liable, regardless of when the odometer was reset. However, you purchased your car before the disclosure requirements went into effect. Craigo Volkswagen was therefore not obliged, under Federal law, to make an accurate disclosure to you on January 22, 1973.; We cannot go further than to say that a private civil action might li against Craigo, it if can be shown that Craigo reset the odometer on or after January 18. You may want to consult an attorney as to the possibility of proving these facts.; On our part, the NHTSA is anxious to obtain as much information a possible concerning this and other suspected cases of odometer resetting. The government has injunctive powers under Section 410 of the Act and intends to use them when it appears that a person is making a practice of resetting odometers.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam3079OpenMr. Peter Monahan, Shaeen, Lumberg, Callaghan and Berke, 20 N. Wacker, Chicago, IL 60606; Mr. Peter Monahan Shaeen Lumberg Callaghan and Berke 20 N. Wacker Chicago IL 60606; Dear Mr. Monahan: This is in response to the questions you raised with Ms. Debra Weine of my office in a telephone conversion (sic) of July 9, 1979. Specifically, you asked whether there are any current or proposed regulations applicable to customizers who install plastic auxiliary diesel fuel tanks in Mercedes automobiles. You noted these vehicles would typically be purchased from a dealer and then brought to the customizer for installation of the auxiliary tank.; The National Traffic and Motor Vehicle Safety Act, as amended 1974 (th Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal Motor Vehicle Safety Standards applicable to motor vehicles and to equipment for installation in vehicles. Safety Standard No. 301-75, *Fuel System Integrity* (49 CFR 571.301-75), specifies performance requirements for vehicles, including passenger cars, which use fuel with a boiling point above 32 degrees F. (This includes both gasoline and diesel fuel). Under the standard's requirements, no part of a vehicle's entire fuel system can have fuel spillage beyond certain specified amounts during barrier crash tests. Specific performance requirements for individual components of the fuel system, such as the fuel tank, are not currently included in the standard. With the advent of high density polyethlene (sic) (plastic) fuel tanks, however, the current 'system' performance requirements might not be sufficient to insure the integrity of vehicle fuel systems. For this reason, the agency recently published an Advance Notice of Proposed Rulemaking concerning the advisability of establishing performance standards for plastic tanks (44 FR 33441, June 11, 1979 copy enclosed).; Under section 108 of the Act, new motor vehicles must comply wit Federal safety standards prior to their first purchase in good faith for purposes other than resale. That purchase is completed when the vehicle is delivered to the ultimate consumer. Thus, the extent to which a customizer must ensure that his installation of an auxiliary tank complies with Safety Standard No. 301-75 depends upon whether the tank is installed before or after this delivery.; A customizer who installs an auxiliary fuel tank prior to the vehicle' first purchase would be a vehicle 'alterer'. Under the provisions of 49 CFR 567.7, he would be required to place an additional label on the vehicle specifying that, as altered, the vehicle continues to be in compliance with all applicable safety standards, including Standard No. 301-75. Additionally the alterer would be responsible for any safety related defects arising from the installation of the auxiliary tank and would be required under section 151 of the Act to provide notice of and remedy for the defective installation.; If a customizer installs an auxiliary tank in a vehicle after it delivery to the first purchaser he could be subject to section 108(a)(2)(A) of the Act. That section provides that:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard....<<<; A person or entity found to have violated this section would be liabl for a civil penalty of up to $1,000 for each violation. (Section 109 of the Act).; If a person subject to section 108(a)(2)(A) adds an auxiliary gasolin tank to a vehicle manufactured in accordance with Safety Standard No. 301-75, and in the process knowingly reduces the performance of the fuel system originally installed in the motor vehicle, he or she has violated section 108(a)(2)(A). (H.R. No. 1191, 93d Cong., 2d sess. 34 (1974). (sic) Such a reduction of performance could occur, for example, if gasoline from the original system (a fuel system includes the filler pipe, tank, gasoline lines, fuel pump, carburetor, and engine) could be leaked through a rupture in the the (sic) auxiliary tank and fuel lines, and if the design materials, construction, installation or location of the auxiliary tank and fuel lines made them more susceptible to rupture than the original fuel system.; Please note that a customizer would be considered a 'motor vehicl repair business' since he modifies motor vehicles for compensation.; I hope that you will find this response helpful. Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4246OpenMr. H. Tsujishita, Chief Co-ordinator of Technical Administration Department Daihatsu Motor Co., Ltd., 1. Daihatsu- Cho, Ikeda City, Osaka Prefecture, *JAPAN*; Mr. H. Tsujishita Chief Co-ordinator of Technical Administration Department Daihatsu Motor Co. Ltd. 1. Daihatsu- Cho Ikeda City Osaka Prefecture *JAPAN*; Dear Mr. Tsujishita: This responds to your letter dated October 30, 1986, seeking a interpretation of 49 CFR Part 581, *Bumper Standard* and seeking our comments on sample reports required under several of our regulations. This letter addresses your question about our bumper standard first, and then comments on your sample reports.; You asked about one of the protective criteria specified in sectio 581.5(c) of Part 581. Part 581 requires vehicles to meet the damage criteria of that section after specified test impacts.; Section 581.5(c)(8) states: >>>The *exterior surfaces* shall have no separations of surfac materials, paint, polymeric coatings, or other covering materials from the surface to which they are bonded, and no permanent deviations from their original contours 30 minutes after completion of each pendulum and barrier impact, except where such damage occurs to the bumper face bar and the components and associated fasteners that directly attach the bumper face bar to the chassis frame. (Emphasis added.)<<<; You stated that you understand 'exterior surfaces' to refer to th exterior body surface which can be observed without the removal of any components, and that it does not mean the body surface which cannot be observed unless components are removed. Based on this understanding, you stated that you believe that two areas of a car, identified in an attached drawing as Area A and Area B, need not conform to the no damage requirement. Both Area A, a radiator support panel located directly under the headlamp, and Area, (sic) B, a fender apron located below the headlamp but along the side of the car, cannot be observed unless the bumper assembly is removed.; You understanding of 'exterior surface,' with respect to Areas A and of your drawing, is correct. Those areas are not exterior surfaces, because they are located behind the bumper assembly and cannot be observed unless that assembly is removed.; *Sample Reports* 1. 49 CFR Part 565, *Vehicle Identification Number - Conten Requirements*; Assuming that the Daihatsu is the only make and type of vehicle yo will sell in the United States, the submission of the unique identifier would comply with S565.6(b). If you are planning to sell other makes, you would also have to include information on those makes in this submission.; The deciphering information would be sufficient under S565.5(d) excep for the information about the engine type. The information you suggest providing describes the engine only as a 'CB'. The term 'engine type is defined at S565.3(d) as 'a power source with *defined* characteristics such as fuel utilized, number of cylinders, displacement and net brake horsepower.' None of these factors can be deciphered from your 'CB' marking. The deciphering information should indicate whether this is a gasoline or diesel engine, the number of cylinders, engine displacement, and net brake horsepower. With this modification, the sample report would comply with the requirements of Part 565.; 2. 49 CFR Part 566, *Manufacturer Identification* The sample identifying information from Daihatsu is sufficient for th purposes of Part 566.; You also asked how accurate this identification must be with respect t the GVWR ranges of the vehicles. As you noted, S566.5(c) requires manufacturers to submit the 'approximate ranges' of GVWR for each type of motor vehicle produced by the manufacturer. The agency explained in the notice of proposed rulemaking for this rule that it was seeking only basic information on the vehicles produced by the manufacturer. *See* 36 FR 7970, at 7971, April 28, 1971. Thus, if you wish to state that you produce passenger cars with a GVWR between 2300 and 2500 pounds, as suggested in your letter, that information would satisfy the requirements of Part 566.; You also asked the purpose of requiring the Part 566 report. Th purpose was explained as follows in the notice of proposed rulemaking:; >>>In order to carry out the provisions of the Act, it is ofte necessary to have certain basic information about the manufacturers of motor vehicles or vehicle equipment subject to the Act. This is particularly so in the area of enforcement and in carrying out the several requirements for communication, inspection, and reporting. It is necessary to have centrally organized and collected information regarding the manufacturer's corporate status, mailing address, items manufactured, and manufacturing location. Moreover, it is necessary to assemble this information so as to make it readily accessible to those having enforcement responsibility under the Act, and provide a means for identifying and classifying manufacturers according to the types of motor vehicles or equipment which they manufacture. A system is also needed whereby NHTSA can provide information to manufacturers of various types of vehicles or equipment. 36 FR 7971, April 28, 1971.<<<; 3. 49 CFR S551.45 *Designation of Agent* You first asked whether your sample designation of agent conforms wit the requirements of 49 CFR S551.45. It does not. Section 551.45 specifies that a designation of agent must include the following six items of information:; 1. A certification by the person or persons signing the designatio that it is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made.; Your sample contains no such certification. 2. The full legal name, principal place of business and mailing addres of the manufacturer.; This information is set forth only on the letterhead of you stationery. If the corporate name set forth on your stationery is the full legal name, it would satisfy this requirement. If that is not the full legal name, however, the full legal name must be separately shown. The same principle applies to the requirements to submit your principal place of business and mailing address.; 3. Marks, trade names, or other designation of origin of any of th manufacturer's products which do not bear its name.; It is impossible for us to determine where there are no such marks, i the Daihatsu symbol on your letterhead is the only such mark, or if you have not satisfied this requirement.; 4. A statement that the designation shall remain in effect unti withdrawn or replaced by the manufacturer.; There is not such statement in your sample. 5. A declaration of acceptance duly signed by the agent appointed b the manufacturer.; Your sample would satisfy this requirement. 6. The full legal name and address of the designated agent. Your sample would satisfy this requirement. You then asked what the designated agent does, and whether all report had to be submitted to this agency via the designated agent. The designated agent acts as the agent for foreign manufacturers upon whom service of process, notices, orders, and decisions may be made *for and on behalf of the manufacturer*. Please note that both your designation of agent and acceptance erroneously state that such service may be made by or on behalf of the *agent*. Under the due process clause of our Constitution, a party cannot be bound by the outcome of a legal proceeding unless he or she has been given notice of such proceeding and an opportunity to be heard. Since we cannot go into a Japanese court, the U.S. government must have some device by which it can ensure that a foreign manufacturer is given proper notice of any proceedings affecting it in the United States. Thus, the designation of an agent by Daihatsu helps to ensure that the company will be fully and promptly apprised of any governmental action involving the company.; Hence, foreign manufacturers are *not* required to submit report through their designated agents - the designated agent is only a means for this agency to serve process and so forth on the foreign manufacturer. In fact, we recommend that foreign manufacturers submit reports and other correspondence directly to NHTSA, so as to facilitate the exchange of information.; 4. 49 CFR Part 575.104, *Uniform Tire Quality Grading Standards* The sample report you submitted is exactly that which is specified i Figure 2 of S575.104. It would therefore comply with S575.6(a) and S575.104(d)(1)(iii). Please note that there are typographical errors for the words 'treadwear' and 'passenger' in the sample you submitted.; 5. 49 CFR S575.101, *Vehicle Stopping Distance* Your stopping distance sample report is in the format specified i Figure 1 of S575.101. Accordingly, it would satisfy the requirements of S575.101(c).; 6. 49 CFR Part 537, *Automotive Fuel Economy Reports* Your sample fuel economy report, including the statement as t representativeness, satisfies the requirements of Part 537. Please note that the timing for submitting the reports is set forth in S537.5(b), and that your 1988 pre-model year report is due in December 1987, while your 1988 mid-model year report is due in July 1988.; 7. 49 CFR Part 542, *Procedures for Selecting Lines to be Covered b the Theft Prevention Standard*; Your sample Part 542 submission would satisfy the requirements of tha Part.; Please feel free to contact us if you need any further information o our regulatory requirements.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3583OpenMr. William Croix, Technical Maintenance, Manager, Puerto Rico Marine Management, Inc., G.P.O. Box 71306, San Juan, Puerto Rico 00936; Mr. William Croix Technical Maintenance Manager Puerto Rico Marine Management Inc. G.P.O. Box 71306 San Juan Puerto Rico 00936; Dear Mr. Croix: This is in response to your letter of July 9, 1982, to Mr. Elliott o this agency.; You have asked about Federal requirements for lighting of portabl containers secured to flat bed trailers. As those containers are the cargo of the trailers and not an integral part of them, the Federal lighting requirements (Motor Vehicle Safety Standard No. 108) apply only to the trailer. However, the individual States in which the trailers are operated may impose their own lighting requirements.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3096OpenNorman Friberg, P.E., Engineer, Regulatory Affairs, Volvo of America Corporation, Rockleigh, New Jersey 07647; Norman Friberg P.E. Engineer Regulatory Affairs Volvo of America Corporation Rockleigh New Jersey 07647; Dear Mr. Friberg: This is in response to your letter of February 5, 1979, and you telephone conversations with Mr. Schwartz of my office.; Section 4.5.2 of Federal Motor Vehicle Safety Standard No. 115 (Vehicl Identification Number) states that the second section of the vehicle identification number for passenger cars shall be decipherable into the vehicle's line, series, body type, engine type, and restraint system type. 'Line' is defined as 'a name which a manufacturer applies to a family of vehicles which have a degree of commonality in construction, such as body, chassis or cab type.' 'Series' is defined as 'a name which a manufacturer applies to a subdivision of 'line,' denoting price, size, or weight identification, and which is utilized by the manufacturer for marketing purposes.'; In Volvo's view, the only 'line' it markets in the United States in th '200-series.' Within this line, there are several models differentiated by body style and number of engine cylinders. Each model is offered in several different 'sales versions,' designated by a two- or three-letter suffix. Sales versions differ as to trim, upholstery, and other items which Volvo has designated as cosmetic. It is Volvo's desire not to encode the particular sales versions of the vehicle in its VIN.; Based on the facts presented, it is apparent that each 'sales version could also be designated a 'series' of Volvo desired. Nonetheless, the definition of 'series' makes clear that the responsibility for applying and utilizing the 'series' designation rests initially with the manufacturer. If a manufacturer chooses not to designate separate series for marketing reasons because of the superficiality of the differences between the potential series, the agency will not require such a designation.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4753OpenMr. Brad G. Magor 6282 Young Street Halifax, Nova Scotia B3L-1ZB Canada; Mr. Brad G. Magor 6282 Young Street Halifax Nova Scotia B3L-1ZB Canada; "Dear Mr. Magor: This is in reply to your letter of May 1, l990, to th Department of Transportation with respect to your intended purchase of a Canadian truck or van which you will eventually import into the United States. You asked for information on the features required to meet the U.S. safety standards, and whether Canadian vehicles generally have these items. There is a great similarity, but not identicality, between the Canadian Motor Vehicle Safety Standards (CMVSS), and the Federal Motor Vehicle Safety Standards (FMVSS). Manufacturers in both countries are required to affix a label to their vehicles certifying compliance with all applicable safety standards. We understand that some Canadian manufacturers may have certified compliance of their vehicles with both the CMVSS and the FMVSS. If dual certification has occurred, it will be evident from reading the certification label on the vehicle (usually located in the driver door post area). If the vehicle bears a certification of compliance that includes the FMVSS, you should encounter no problems in importing, registering, and selling it in the United States. However, if the vehicle is certified only to the CMVSS, you will encounter some difficulty in importing it, notwithstanding the substantial similarity of the CMVSS and FMVSS. By direction of Congress, a vehicle not originally manufactured to conform to the FMVSS may not be admitted into the U.S. unless two things have occurred. The vehicle must be on a list of vehicles that the Department has approved for conversion to the FMVSS. If this has occurred, then the vehicle can only be imported by a 'registered importer' (i.e. converter), or one who has a contract with a registered importer to perform the conversion work. A bond equal to l50% of the entered value of the vehicle must be given to secure performance of the conversion work, which is cancelled upon satisfactory evidence that the work has been performed. The new directives of Congress were only effective on January 31, l990, and we are still working to implement them. We have tentatively proposed an approved general list of vehicles that would include all Canadian trucks and vans manufactured since January 1, l968, that were certified as meeting the CMVSS, and which are of the same make, model, and model year of any truck or van originally manufactured for importation into and sale in the United States, or originally manufactured in the United States, and that were certified as meeting the FMVSS. For example, a l990 Chevrolet truck manufactured in Canada to the CMVSS with a U.S. manufactured and certified counterpart would be covered by this general list. We have received no objections to treating Canadian vehicles in this fashion. A final determination should be published in the near future. We have also accorded registered importer status to a number of applicants. If you choose to buy a vehicle certified to the CMVSS for importation into the United States, we will be pleased to provide the latest list of registered importers as the time draws near for your departure. The minor differences in the standards that may effect you are principally those regarding speedometer/odometers and lighting. The former must indicate miles and miles per hour (and may indicate kilometers and kilometers per hour). Vehicles must be equipped with headlamps that meet the FMVSS and not those of the ECE. Thus, once a CMVSS-certified vehicle is imported, we do not anticipate that the conversion work should be lengthy or costly. Once the work has been satisfactorily performed and the converter's label attached, you should encounter no difficulties in registering the vehicle or in selling it. I hope that this answers your questions. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam1551OpenMr. Jack F. Bryson, Manager, Marketing & Industrial Relations, Elgin Sweeper Company, 1300 West Bartlett Road, Elgin, IL 60120; Mr. Jack F. Bryson Manager Marketing & Industrial Relations Elgin Sweeper Company 1300 West Bartlett Road Elgin IL 60120; Dear Mr. Bryson: This is in reply to your letter of June 7, 1974, asking whether NHTS Certification requirements (49 CFR Parts 567, 568) apply to the mounting of a device called the Elgin Eductor on a used truck.; The NHTSA does not consider the Certification requirements to apply t the mounting of a new truck body (based on the information you provide, this includes the Elgin eductor) on a used truck chassis. We consider additions to used chassis to be used vehicles under the National Traffic and Motor Vehicle Safety Act, and no certification is therefore required.; 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.