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: aiam5122OpenMr. M.K. Chaudhari Director ARAI The Automotive Research Association of India Post Box No. 832 Survey No. 102, Vetal Hill Off Paud Road, Lothrud Pune-411 004 INDIA; Mr. M.K. Chaudhari Director ARAI The Automotive Research Association of India Post Box No. 832 Survey No. 102 Vetal Hill Off Paud Road Lothrud Pune-411 004 INDIA; "Dear Mr. Chaudhari: This responds to your follow-up letter of Novembe 16, 1992, subsequent to our response, dated August 12, 1992, to your earlier letter. I am pleased that the information given you in our previous letter is proving helpful in your work. In your current letter you request information regarding DOT certification of automotive components in general, and 'brake hose ends' in particular. I would like to clarify the relevant points made in our last letter to clear up any misunderstandings. Neither the Department of Transportation (DOT), nor the National Highway Traffic Safety Administration (NHTSA, a part of DOT) conduct any certification testing. Under the National Traffic and Motor Vehicle Safety Act (Safety Act), a copy of which I have enclosed, the manufacturer is responsible for certifying that its components or vehicles are in compliance with NHTSA's safety standards. Manufacturers must have some basis for their certification that a product complies with all applicable safety standards. This does not necessarily mean that a manufacturer must conduct the specific tests set forth in an applicable standard. Certifications may be based on, among other things, engineering analyses, actual testing, and computer simulations. NHTSA tests vehicles and equipment sold to consumers for compliance with the FMVSS's and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. A manufacturer of noncomplying or defective products is also subject to civil penalties. With respect to your specific question about 'brake hose ends,' Standard No. 106, 'Brake Hoses,' applies to new motor vehicles and to 'brake hoses' (which include plastic tubing), brake hose end fittings, and brake hose assemblies. A copy of the standard is enclosed. The standard specifies labeling and performance requirements for these products to reduce the likelihood of brake system failure from ruptures in the brake hose or brake hose assembly. New brake hoses, end fittings, and assemblies must meet these requirements to be sold in or imported into this country. If the items do not comply, the manufacturer is subject to the civil penalties and the recall responsibilities mentioned above. I have enclosed a copy of the test procedure manual used by the agency in its tests to verify compliance of the brake hoses. However, please see the Note on page 1 of the procedure manual regarding a manufacturer's certification testing. NHTSA does not authorize testing agencies to perform certification procedures. Therefore, we cannot provide a list of the agencies in India or elsewhere that are capable of certifying motor vehicles or motor vehicle equipment. I hope this information clarifies NHTSA's role in the certification process. If you have any further questions about NHTSA's safety standards, please feel free to contact David Elias of my staff at this address or by telephone at (202) 366-2992. Our fax number is (202) 366-3820. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam0320OpenMr. J.B.H. Knight, Chief Development and Car Safety Engineer, Rolls-Royce Limited, Motor Car Division, Pym's Lane, Crewe, Cheshire, England; Mr. J.B.H. Knight Chief Development and Car Safety Engineer Rolls-Royce Limited Motor Car Division Pym's Lane Crewe Cheshire England; Dear Mr. Knight: This is in reply to your letter of April 14, 1971, in which you repea Rolls Royce's requests for interpretation of Standards No. 207 and 208.; The request for interpretation of the seat adjustment requirement o Standard No. 207 was initially made in your petition for reconsideration of that standard. Our response to the petitions on Standard No. 207 was published on April 20, 1971. Your petition was denied to the extent that it requested that the requirement be amended to permit 2 inches of travel. However, it is recognized that continuously adjustable seats may have a certain small amount of travel that would not be harmful, and the notice accordingly indicates that they are considered to remain in their adjusted position despite such motion.; We expect that you have by now received our reply to your questions o Standard No. 208. Your inquiry first reached us through your Washington counsel and we accordingly sent our reply by the same route. Please advise us if further clarification is needed.; Sincerely, Robert L. Carter, Acting Associate Administrator, Moto Vehicle Programs; |
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ID: aiam0402OpenMr. William H. Maas, Coordinator, Product Safety Regulations, Harley- Davidson Motor Co., Inc., 3700 West Juneau Avenue, Milwaukee, WI 53201; Mr. William H. Maas Coordinator Product Safety Regulations Harley- Davidson Motor Co. Inc. 3700 West Juneau Avenue Milwaukee WI 53201; Dear Mr. Maas: This is in reply to your letter of June 21, 1971, concerning a disput you are having with your supplier of glazing materials concerning who is the 'prime glazing material manufacturer' as specified in S3.4 of Standard No. 205, and who would consequently be required to obtain a manufacturers' code number under S5.2 of the proposed amendment to Standard No. 205, published January 9, 1971 (Docket 71-1, Notice 1) (36 F.R. 326). You indicate that you purchase the glazing material from your supplier, and cut it to size for motorcycle windshields. You state that your supplier claims that although he manufactures the material to specification, he considers it to be purely a raw material, and that he is not a motor vehicle window or windshield manufacturer.; Federal Motor Vehicle Safety Standard No. 205 applies to 'glazin materials for use in . . .' specified types of motor vehicles, one of which is motorcycles. It applies to glazing material that is manufactured for use in these vehicles before as well as after it has been cut to size or installed in the motor vehicle.; If a manufacturer is producing glazing materials that he knows are fo use in motor vehicles he is, under the National Traffic and Motor Vehicle Safety Act, manufacturing glazing (1) which must comply with Standard No. 205 and (2) which he must certify, as specified in section 114 of the Act, and the Certification regulations (49 CFR Part 567, copy enclosed) as complying with the standard. A prime glazing material manufacturer may certify the material by the alternative method specified in S3.4 of Standard No. 205.; The standard clearly distinguishes between the prime manufacturer an those who merely cut the material, and places responsibility for compliance and certification on the former as well as the latter.; A producer of the basic glazing material, to be used in motor vehicles is a 'prime glazing material manufacturer' under the standard, and would be required to obtain the manufacturers' code mark under S5.2 of the proposed standard.; That proposal is currently under consideration, however, and it i recommended that no action be taken until a final regulation is published.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel |
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ID: aiam2595OpenMr. James R. Green, 3396 Alma Street, Lynwood, CA 90262; Mr. James R. Green 3396 Alma Street Lynwood CA 90262; Dear Mr. Green: Your letter of April 8, 1977, to the President of the United State concerning the need for improved motor vehicle headlamp standards has been referred to this office for consideration and reply.; We have received considerable information regarding the effects o foreign and domestic motor vehicle headlighting equipment, including engineering papers and test data on 'selective yellow' headlamps. All information concluded that filtering of headlamps to produce yellow reduces the photometric intensity of the lamp, thereby reducing the actual seeing distance. Some vehicle operators subjectively concluded they can see further with yellow headlamps, but objective seeing distance tests with specific target characteristics and distances indicate a loss of seeing distance.; It is also true that while the original intent in using yello headlamps was to reduce the glare from oncoming vehicle headlamps, our current test data indicates that a yellow light does not reduce glare. The white light is, therefore considered safer and is the basis for requiring white light in Federal Motor Vehicle Safety Standard No. 108 (copy enclosed).; Although this lighting standard is generally in accordance wit standards developed and published by the Society of Automotive Engineers, it does not specifically require sealed-beam headlamps. However, it does require headlamps which are designed to be aimed properly when installed in prealigned mechanical assemblies. The lamp itself may be sealed-beam (filament is enclosed only by the lamp shell in an inert atmosphere) or it may be a halogen lamp (filament is surrounded by a small envelope containing a halogen gas). Specifically, the halogen-bulb headlamp is legal if incorporated into an otherwise legal motor vehicle headlamp.; I trust the foregoing is fully responsive to your inquiry. Sincerely, E. T. Driver, Director, Office of Crash Avoidance, Moto Vehicle Programs; |
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ID: aiam5250OpenMr. Richard A. Wennerberg Vice President, Marketing Services American Gas Association 1515 Wilson Boulevard Arlington, VA 22209; Mr. Richard A. Wennerberg Vice President Marketing Services American Gas Association 1515 Wilson Boulevard Arlington VA 22209; "Dear Mr. Wennerberg: This responds to your request for a lette explaining the status of Federal regulations applicable to compressed natural gas (CNG) containers for motor vehicles and CNG fueled motor vehicles. As you stated, representatives of the National Highway Traffic Safety Administration (NHTSA), an agency of the United States Department of Transportation, met with the American Gas Association (AGA) on August 16, 1993 to clarify your understanding of this agency's statutory authority with respect to the notice of proposed rulemaking for CNG fuel containers and vehicles using CNG as a fuel. (58 FR 5323, January 21, 1993) This letter, which you plan to forward to State officials interested in CNG fueled motor vehicles, summarizes this information. By way of background information, NHTSA is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act) to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. The Research and Special Programs Administration (RSPA), another agency of the U.S. Department of Transportation, is authorized by Congress to issue standards for containers, including CNG containers, used to transport hazardous materials. RSPA does not have the statutory authority to issue a standard for CNG containers that are used to fuel a motor vehicle. Therefore, if the Federal government were to issue a standard applicable to the manufacture of CNG containers designed to fuel a motor vehicle, NHTSA is the only Federal agency authorized to do so. At present, NHTSA has not issued any standard applicable to CNG containers, CNG fueled vehicles or any regulation dealing with the conversion of vehicles to be equipped with such containers. Therefore, until such time as a standard is issued, a manufacturer is not required to comply with any NHTSA or Department of Transportation safety standard related to CNG fuel systems. Nevertheless, manufacturers of CNG containers and vehicles are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that NHTSA or the manufacturer of the container or vehicle determines that the product contains a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. In addition, NHTSA has certain restrictions on vehicle fuel system conversions, depending on who does the conversion and when the work is done. I have enclosed a discussion that sets forth the implications under our present regulations of converting new and used gasoline-powered vehicles to use propane or other gas (such as CNG). That discussion addresses NHTSA's vehicle alterer requirements (49 CFR 567.7) which apply to work on new vehicles, and the Safety Act's 'render inoperative' provision (108(a)(2)(A)), which applies to work on new and used vehicles. Section 108(a)(2)(A) prohibits vehicle manufacturers, distributors, dealers and repair businesses from 'knowingly rendering inoperative, in whole or in part, any device or element of design installed ... in compliance' with any FMVSS. If the agency were to ultimately decide to adopt the proposal, it would be necessary for NHTSA to revisit the 'render inoperative' issues that relate to vehicle conversions. For example, if NHTSA were to issue a safety standard for CNG containers, all containers manufactured after the effective date of the standard would be required to comply with its requirements, whether they are placed on new vehicles or on new or used vehicles converted to CNG fuel. In addition to these current regulatory provisions, as mentioned above, NHTSA issued a proposed rule for CNG containers and vehicles using CNG as a fuel. As we explained at the August 16, 1993 meeting, the agency is currently reviewing the comments to the proposal for CNG containers and vehicles using CNG as a fuel. We expect our next regulatory decision in early 1994. As we explained, the January 1993 notice was a proposal and does not necessarily reflect the precise requirements that will be contained in the final rule, assuming that a rule is issued. If a Standard is issued, each manufacturer would be responsible for certifying that its products meet with the requirements of that standard. This is so because the 'Safety Act' establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. NHTSA does not, however, approve or certify any vehicles or items of equipment. NHTSA also investigates safety-related defects in motor vehicles and items of motor vehicle equipment. You should also be aware that the Federal Highway Administration (FHWA) of this Department has operational and equipment requirements for commercial vehicles used in interstate commerce. For information about possible FHWA requirements affecting your conversions, you can contact that agency's Chief Counsel's office at (202) 366-0650. I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam0052OpenMr. Warren M. Heath, Commander, Engineering Section, Department of California Highway Patrol, Post Office Box 898, Sacramento, CA 95804; Mr. Warren M. Heath Commander Engineering Section Department of California Highway Patrol Post Office Box 898 Sacramento CA 95804; Dear Mr. Heath: This is in reply to your letters of February 15 and March 8, 1968 concerning application of Federal Motor Vehicle Safety Standard Number 205.; Glazing materials used in campers, pickup canopies, and covers mus conform to the requirements of Federal Motor Vehicle Safety Standard Number 205.; I am enclosing a copy of FHWA Ruling 68-1 published in the *Federa Register*, Volume 33, Number 59 on March 26, 1968, and a copy of the Federal Motor Vehicle Safety Standards (with Amendments and Interpretations through February 15, 1968).; Sincerely, William H. Risteen, Office of Standards on Crash-Injur Reduction, Motor Vehicle Safety Performance Service; |
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ID: aiam2278OpenMr. Tokio Iinuma, Staff, Safety, Nissan Motor Co., Ltd., 560 Sylvan Avenue, Englewood Cliffs, New Jersey 07632; Mr. Tokio Iinuma Staff Safety Nissan Motor Co. Ltd. 560 Sylvan Avenue Englewood Cliffs New Jersey 07632; Dear Mr. Iinuma: This is in response to your letter of March 17, 1976, inquiring as t the date on which a manufacturer will no longer have to comply with State bumper standard relating to property damage. According to section 110 od the Motor Vehicle Information and Cost Savings Act (Pub L. 92-513) once a Federal bumper standard takes effect 'no State of political subdivision thereof shall have any authority to establish or enforce with respect to any passenger motor vehicle or passenger motor vehicle equipment offered for sale any bumper standard which is not identical to' the Federal standard. The Part 581 bumper standard becomes effective September 1, 1978. As of that date, it preempts any State bumper standard which is not identical. Even though the standard becomes effective in stages, on September 1, 1978 (S5.1) and September 1, 1979 (S5.2), the preemptive effect is complete on the earlier date, September 1, 1978. Thus, a vehicle manufactured on or after September 1, 1978, and before September 1, 1979, will not have to meet a State standard, even though the State Standard may be identical to the requirements of the Federal standard that become effective on September 1, 1979.; The National Highway Traffic Safety Administration proposed on Marc 12, 1976, to allow manufacturers to comply with the requirements of Part 581 before the mandatory September 1, 1978, effective date. If this proposal becomes final, any manufacturer who chooses to comply early with Part 581 and properly certifies his compliance will not be required to satisfy any non-identical State bumper standard. For purposes of that manufacturer, the Part 581 Federal bumper standard will be in effect.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam0245OpenMr. James Deifster, 914 Willow Run, Covington, KY 41011; Mr. James Deifster 914 Willow Run Covington KY 41011; Dear Mr. Deifster: Your request for information on requirements for camper manufacturer has been referred to this office for reply. The information we have received states that you are a manufacturer of campers, selling them to dealers, and also installing them on trucks.; The National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C S1381 et seq., (copy enclosed) requires manufacturers of motor vehicles and motor vehicle equipment to manufacture their products so that they comply, and to 'certify' that they comply, with applicable Federal motor vehicle safety standards. Camper bodies for both slide-in and chassis-mount camper installation are items of motor vehicle equipment and must comply with Federal Motor Vehicle Safety Standard No. 205, and be certified by their manufacturer that they comply with the standard. I enclose a copy of the standard and the regulations governing certification for your information, Standard No. 205 incorporates by reference the USA Standard Z26.1-1966, 'Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways.' This USAS standard can be obtained for a small fee from the USA Standards Institute, 10 East 40th Street, New York, N.Y. 10016.; If you install slide-in camper bodies on pick-up trucks only, you ar not subject to additional requirements. However, if you install chassis-mount camper bodies onto truck chassis, you are in addition to being a manufacturer of motor vehicle equipment, a manufacturer of motor vehicles, specifically, multipurpose passenger vehicles, and are required to comply with regulations and standards applicable to manufacturers of multipurpose passenger vehicles. Copies of these requirements, which have been promulgated pursuant to the National Traffic and Motor Vehicle Safety Act of 1966 and codified in Chapter 5 (formerly Chapter 3) of Title 49, Code of Federal Regulations, are available from the Government Printing Office, Washington, D. C. 20402, under the title *Federal Motor Vehicle Safety Standards*. The price is $8.00, which includes a subscription for one year to receive copies of amendments.; Because of the relative length and complexity of these requirements, i is difficult to summarize them for you here. Many trade associations have familiarized themselves with them in order to assist their membership in complying with them. If after studying them materials you have specific questions concerning their application to you, we will be pleased to answer them.; I have also enclosed a mailing list questionnaire. If you will complet and return it to the address indicated thereon, you will receive future notices pertaining to those areas you have marked.; Sincerely, Lawrence R. Schneider, Assistant Chief Counsel, Regulation |
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ID: aiam3890OpenConfidential; Confidential; Dear Mr. Confidential: This is in reply to your letter of August 30, 1984, (not received unti October 17, 1984) with respect to questions of compliance of lighting and bumper requirements on a vehicle equipped with a variable height control system.; Standard No. 108 requires that the center of a headlamp lens be no less than 22 inches from the road surface. You stated that this minimum might not be met with respect to certain headlamp configurations when the ignition is off, and the hydraulic pressure in the height control system relaxes, a period of approximately three hours. You believe that compliance with the mounting height requirement should be judged 'with the ignition switch in only the 'on' position,' the apparent point at which the height control system begins to operate.; We believe that the minimum height requirement should be met for an lamp at any time in which it is operated for its intended purpose. Since vehicles at rest do not require use of headlamps, the minimum height would be measured at the point after the ignition is on and when the car begins to travel (your letter implies that the time lag between turning on the ignition and restoration of a complying mounting height is a matter of seconds). On the other hand, the hazard warning signal lamps are frequently operated when the vehicle is stopped, and therefore the minimum mounting height of turn signal lamps, through which they operate, must be met with the ignition off, even if the system requires three hours to deplete itself and lower the vehicle to its minimum height.; We also call to your attention paragraph S4.1.3 which forbids th installation of motor vehicle equipment which impairs the effectiveness of lighting equipment required by the standard, and ask that you consider whether a height control system would change vehicle height, pitch, roll, etc., in response to some external or internal condition, in a manner which would affect the performance of headlamps and other lighting equipment.; You have also asked, in essence, which conditions of operation of th system are appropriate for the pendulum and barrier impact tests of the bumper standard, 49 CFR Part 581. Under Sec. 581.5(c), the suspension system is to remain in adjustment and operate in the normal manner, under Sec. 581.6(c) the engine is operating at idling speed. In our opinion, the vehicle is required to meet the pendulum test of Part 581 in any vehicle use scenario in which the system operates, and the barrier test of Part 581 when the engine is idling.; Finally, you requested confidentiality for all information submitte which pertains to the variable height control system. After carefully reviewing the documents, I have determined that your request should be granted. The release of these documents could cause substantial injury to the competitive position of your company. Therefore, I am withholding from the public your letter which contains a detailed description of the variable height control system currently under consideration. I am also deleting all references to the company name. I will instruct all agency personnel having access to this information to accord it confidential treatment.; I hope that this answers your questions. Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam2782OpenMr. Stan Haransky, Truck Body and Equipment Association, Inc., 5530 Wisconsin Avenue, Suite 1220, Washington, DC 20015; Mr. Stan Haransky Truck Body and Equipment Association Inc. 5530 Wisconsin Avenue Suite 1220 Washington DC 20015; Dear Mr. Haransky: This responds to your February 21, 1978, letter asking whether sectio 567.5(c)(7) of Part 567, *Certification*, requires a manufacturer to use all of the described statements on its certification label.; The answer to your question is no. That section provides that th listed certification statements are to be used as appropriate. Therefore, it is anticipated that a manufacturer will select for inclusion on its certification labels only those certification statements in subparagraph (c)(7) that are appropriate for the certification of its vehicles.; Sincerely, Joseph J. Levin, Jr., 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.