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: aiam3828OpenMr. Steven D. Herringshaw, Coordinator of Technical Services, National Truck Equipment Association, 25900 Greenfield Road, Oak Park, MI 48237; Mr. Steven D. Herringshaw Coordinator of Technical Services National Truck Equipment Association 25900 Greenfield Road Oak Park MI 48237; Dear Mr. Herringshaw: This is in reply to your letter of February 24, 1984, with respect t mounting requirements for clearance and identification lamps under Federal Motor Vehicle Safety Standard No. 108.; Your Exhibit A depicts a body mounted on a chassis-cab, with clearanc lamps mounted both on the body and chassis-cab, but identification lamps mounted on only the chassis-cab. You have asked whether the truck body must have a set of identification lamps in order to meet Standard No. 108. The answer is yes. In order to comply with the requirements that identification lamps be located as closely as practicable to the top of the vehicle, a set of identification lamps must be provided for the truck body. You may be interested to know that there is a pending proposal which was published on February 22, 1982, a vehicle such as shown in Exhibit A would comply with a single set of identification lamps mounted on the cab. I enclose a copy of the proposal. The agency has taken no further action with respect to it.; In comparing the vehicles in Exhibit A and Exhibit B you have aske whether the one in Exhibit A is 'compliant with the intentions of FMVSS 108.' As I have just explained, this vehicle is currently noncompliant with the standard, but would comply if the proposal were adopted. The vehicle in Exhibit B meets the standard.; I hope that this answers your questions. Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam0707OpenMr. A. R. Williams, Sales Manager, Ronway Trans Craft Systems, 80 Ross Road, Ashtabula, OH 44004; Mr. A. R. Williams Sales Manager Ronway Trans Craft Systems 80 Ross Road Ashtabula OH 44004; Dear Mr. Williams: Mr. Toms has asked me to reply to your letter of May 12, 1972, in whic you ask for guidance in regard to the Federal Motor Vehicle Safety Standards (FMVSS) that would apply to equipment described in your brochure.; Your responsibilities under the National Traffic and Motor Vehicl Safety Act of 1966 (the Act) and FMVSS and regulations would depend on the way the equipment is marketed and you should be guided by the following:; >>>1. If you market the body and/or the chassis adaptor unit, the would be considered items of motor vehicle equipment for which there are no applicable standards. Although the standards do not apply, you should assure yourself that no safety-related defects exist.; 2. A person who mounts the chassis adaptor unit on a chassis-cab woul be considered the final stage manufacturer within the meaning of Part 568 of Title 49 of the Code of Federal Regulations and he would be responsible for conformity. The following pertinent publications are enclosed.; 1. The National Traffic and Motor Vehicle Safety Act of 1966. 2. Federal Motor Vehicle Safety Standard No. 108 with amendment effective on January 1, 1972.; 3. Notice of Publications Change. 4. Part 566 of Title 49 of the Code of Federal Regulations Manufacturer Identification.; 5. Part 567 - Certification 6. Part 568 - Vehicles Manufactured in Two or More Stages. 7. Part 573 - Defect Reports. 8. Part 574 -Tire Identification.<<< It is anticipated that many members of my staff will be attendin Transpo 72. They, no doubt, will be very interested in seeing your exhibit as well as the many others that will be there. However, I would recommend that you direct any questions you might have relating to interpretations of the standards and regulations to the Administration.; Thank you for your interest in the programs of the National Highwa Traffic Safety Administration.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs; |
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ID: aiam5505OpenMr. Dirk du Plooy Motorcycle Safety Consultant Motorcycle Rider Advancement Centre P.O. Box/Postbus 46298 Mayfair 2108 Republic of South Africa; Mr. Dirk du Plooy Motorcycle Safety Consultant Motorcycle Rider Advancement Centre P.O. Box/Postbus 46298 Mayfair 2108 Republic of South Africa; "Dear Mr. du Plooy: We have received your letter of March 6, 1995, t Joe Pesci of this agency, asking his assistance 'in acquiring information about U.S. laws on motorcycle trailers.' You understand that 'there could be a number of different U.S. states with different laws, but the most generally accepted standard' is what you are seeking in drafting legislation legalizing motorcycle trailers. Any trailer that is manufactured for sale in, or imported into, the United States must comply with all applicable Federal motor vehicle safety standards. These standards are issued by this agency. Several of them apply to trailers. As we have no separate category of 'motorcycle trailer', these standards would apply to any trailer manufactured for the purpose of carrying one or more motorcycles. Here are the requirements that apply to trailers. A trailer with a hydraulic brake system must be equipped with brake hoses, brake hose assemblies, and brake hose end fittings that meet Standard No. 106, and with brake fluid that complies with Standard No. 116. Lighting equipment and reflectors must be installed pursuant to Standard No. 108. Each trailer must have a Vehicle Identification Number attached, in accordance with Standard No. 115 to facilitate any recall campaigns for safety purposes. Standards Nos. 119 and 120 apply to tires and rims used on trailers. Finally, at the end of the manufacturing process, the manufacturer must affix a permanent label which certifies that the trailer complies with the safety standards. Because these Federal standards apply throughout the United States, I believe that they meet your request for information on 'the most generally accepted standard.' Under our laws, if any State has its own standard covering any aspect of performance that is covered by one of the Federal standards listed above, that State standard must be identical to the Federal one. So, to that extent, State regulation of motorcycle trailers should be identical to the Federal requirements. However, States may impose their own standards in areas that are not covered by the Federal standards. For example, this agency has no requirement covering strength of trailer hitches, or that trailers be equipped with mud flaps. Therefore, a State could adopt standards in these areas. We are not conversant with State laws for motorcycle trailers, and cannot advise you about them. If you wish further information on such laws, we recommend that you write the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203. I am enclosing for your information a pamphlet on our regulations that we provide to prospective trailer manufacturers. We shall be pleased to answer any further questions you may have. Given the distance between us, you may wish to communicate by FAX. Our number is 202-366-3820. Sincerely, Philip R. Recht Chief Counsel Enclosure"; |
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ID: aiam0357OpenMr. Sidney W. Smith, Director of Engineering, Williamsen Body & Equipment Company, 1925 Indiana Avenue, P. O. Box 1076, Salt Lake City, UT 84111; Mr. Sidney W. Smith Director of Engineering Williamsen Body & Equipment Company 1925 Indiana Avenue P. O. Box 1076 Salt Lake City UT 84111; Dear Mr. Smith: This is in reply to your letter of May 18, 1971, requesting a interpretation of the Tire Identification and Record Keeping Regulation (49 C.F.R. Part 574) as it applies to vehicles manufactured in two or more stages.; The final-stage manufacturer, as a vehicle manufacturer, under sectio 113(f) of the National Traffic and Motor Vehicle Safety Act, is required to keep a record of the name and address of the first purchaser for purposes other than resale, and to maintain a record of the tires shipped on or in the completed vehicle (49 C.F.R. 574.10). Although the final-stage manufacturer may designate someone to maintain the records required under section 574.10 of the Tire Identification and Record Keeping Regulation, the legal responsibility for maintaining the records remains with the final-stage manufacturer.; However, the incomplete vehicle manufacturer, or any intermediat manufacturer, may assume 'legal responsibility for all duties and liabilities imposed on manufacturers by (the Act) with respect to the vehicle as finally manufactured . . .'(49 C.F.R. 568.7). In such a case, the responsibilities for maintaining the records required by the Act and by the Tire Identification and Record Keeping Regulation will be assumed by the incomplete vehicle manufacturer, or any intermediate manufacturer, and the final-stage manufacturer will be relieved of all liability for maintaining the records.; Under the Tire Identification and Record Keeping Regulation, th manufacturer is not required to keep a record of tires manufactured before May 22, 1971, but sold after that date. However, where feasible, we recommend that the manufacturer maintain some system whereby he can identify the type of tire on vehicles he sells as well as the purchaser of the vehicle.; For your convenience, we have enclosed copies of the Act with it amendments, the Tire Identification and Record Keeping Regulation, and the Certification Regulation.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel |
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ID: aiam3982OpenMr. Thomas J. Moravec, President, Tow-All, Inc., 10501 E. Bloomington Freeway, Bloomington, MN 55420; Mr. Thomas J. Moravec President Tow-All Inc. 10501 E. Bloomington Freeway Bloomington MN 55420; Dear Mr. Moravec: This responds to your letter of May 20, 1985, concerning Federa requirements applicable to the motorized hitch or 'Supplemental Power Unit' (SPU) being developed by your company.; This agency administers the National Traffic and Motor Vehicle Safet Act of 1966, as amended, 15 U.S.C. 1391 *et seq*. (the Act). Under the Act, a motor vehicle is defined as 'any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads and highways.' You letter states that the SPU is a motorized single axle unit with an automatic transmission. In addition, your letter, the accompanying photographs, and descriptive material indicate that the SPU could be attached between a small car and a large trailer to permit the small car to safely pull the trailer long distances at highway speeds.; Based on this information, the agency concludes that the SPU is a moto vehicle and falls within the trailer classification. Under 49 CFR Part 571.3, a trailer is defined as 'a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another vehicle.' An information sheet for manufacturers is enclosed.; The following regulations and Federal motor vehicle safety standard are applicable to trailers:; >>>49 CFR Part 565, *Vehicle Identification Number - Conten Requirements*; 49 CFR Part 566, *Manufacturer Identification* 49 CFR Part 567, *Certification* (see S567.4 for trailers) Standard No. 106, *Brake Hoses* Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment* Standard No. 115, *Vehicle Identification Number - Basic Requirements* Standard No. 116, *Motor Vehicle Brake Fluids* Standard No. 119, *New Pneumatic Tires for Vehicles Other Tha Passenger Tires* (sic); Standard No. 120, *Tire Selection and Rims for Vehicles Other Tha Passenger Tires* (sic); Standard No. 121, *Air Brake System* (sic)<<< Copies of these regulations and standards can be obtained by writin to: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. An information sheet for ordering copies is also enclosed.; State regulations applying to trailers and their use on the road should be checked for any State in which your company's trailers are to be sold.; I hope this information is helpful to you. Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam2690OpenMr. Robert W. Locke, Manager RV Sales, Indiana Mills and Manufacturing, Inc., 120 W. Main Street, Carmel, IN 46032; Mr. Robert W. Locke Manager RV Sales Indiana Mills and Manufacturing Inc. 120 W. Main Street Carmel IN 46032; Dear Mr. Locke: This is in response to your letter of October 4, 1977, to Mr. Franci Armstrong of our Office of Standards Enforcement, in which you asked whether our regulations require seat belts in fifth wheel vehicles.; Our seat belt requirements are specified in Federal Motor Vehicl Safety Standard No. 208 (49 CFR 571.208), which applies to passenger cars, multipurpose passenger vehicles, trucks and buses. I am assuming that by fifth wheel vehicle you mean a towed vehicle attached to the towing vehicle by means of a fifth wheel. If I am correct in this assumption, these vehicles would be classified as trailers, which are not subject to Standard No. 208. There would therefore be no Federal requirement for seat belts in these vehicles.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam5155OpenMr. Greg Hixson President Hixson and Netherton Distributing P.O. Box 28995 Dallas, TX 75228; Mr. Greg Hixson President Hixson and Netherton Distributing P.O. Box 28995 Dallas TX 75228; "Dear Mr. Hixson: This responds to your March 30, 1993, letter askin for information on any regulations concerning aftermarket airbags. I am enclosing two letters dated March 26, 1993, to Mr. Steven C. Friedman and Mr. Jay Lee that explain the operation of Federal law with respect to aftermarket airbags. I am also enclosing a copy of the information sheet referred to in both letters. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures "; |
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ID: aiam1116OpenMr. John E. Huisman, Davies, Gibbs, Strayer, Stoel and Boley, Twenty-Third Floor, 900 S W Fifth Avenue, Portland, OR 97204; Mr. John E. Huisman Davies Gibbs Strayer Stoel and Boley Twenty-Third Floor 900 S W Fifth Avenue Portland OR 97204; Dear Mr. Huisman: This is in reply to your letter of April 10, 1973, concerning th status under the Federal odometer disclosure requirements of a bank which purchases a motor vehicle purchase money security agreement.; You are correct in understanding that the Act does not anticipate tha a bank will be required to give or receive an odometer disclosure statement in conjunction with the sale of a purchase money security agreement. In referring to a 'security interest', in 49 CFR Part 580, we did not intend to create an artificial distinction between States in which the bank holds only an 'interest' and States, such as Oregon, in which the bank actually takes title. It is our opinion that the bank should in neither case be required to execute a disclosure statement, and that the bank's 'ownership' of a vehicle by virtue of its purchase of a purchase money security agreement would not make the bank a transferor or transferee as those terms are employed in 49 CFR Part 580.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4314OpenMr. Bruce W. Smith, President, Unit Corporation, R.R. 2, Box 1, Loogootee, IN 475553; Mr. Bruce W. Smith President Unit Corporation R.R. 2 Box 1 Loogootee IN 475553; Dear Mr. Smith: This responds to your letter, in which you sought this agency' 'recommendation' on one of your new products. The product in question is a sun visor intended to be used on rear-facing toddler seats. I am pleased to have this opportunity to explain our statute and regulations to you.; This agency has promulgated the Federal motor vehicle safety standard under the authority granted by Congress in the National Traffic and Motor Vehicle Safety Act, as amended (15 U.S.C. 1381 *et seq.). In the case of your sun visor, the only safety standard with which you would be concerned is Standard No. 213, *Child Restraint Systems* (49 CFR S571.213), a copy of which is enclosed for your information. Please note that the Safety Act specifies that all of our standards applicable to items of motor vehicle equipment, including Standard No. 213, do not apply to the child restraint system after its first purchase in good faith for purposes other than resale. The general rule then is that aftermarket accessories, such as your sun visor, may be added to child restraint systems without violating Standard No. 213.; This general rule is, however, limited by the provision of sectio 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section specifies, 'No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...'; There are two elements of design incorporated in child restraints i compliance with Standard No. 213 that might be affected by adding your sun visor. First, all child restraints are required to incorporate resistance to flammability. Section S5.7 of Standard No. 213 specifies, 'Each material used in a child restraint system shall conform to the requirements of S4 of FMVSS No. 302.' I have also enclosed a copy of Standard No. 302 for your information. Second, child restraints recommended for use by children weighing less than 20 pounds must comply with paragraph S5.2.3.2 of Standard No. 213. That section requires that each child restraint surface contactable by the child dummy's head during the crash test shall be covered with slow recovery energy absorbing material with specified characteristics. This requirement ensures that children riding in these child restraints will not suffer unnecessary head injuries during crashes. If the installation of your sun visor would impair either the flammability resistance or the head impact protection designed into a child restraint to which the visor is attached, any manufacturer, distributor, dealer, or repair business installing the visor would be rendering inoperative a Federally required element of design, thereby violating section 108(a)(2)(A) of the Safety Act. Section 109 of the Safety Act (15 U.S.C. 1398) specifies a civil penalty of up to $1,000 for each violation of section 108, and each child restraint on which a Federally required element of design was rendered inoperative would be considered a separate violation of section 108.; Since child restraint owners are not among the parties listed i section 108(a)(2)(A), they are not required to avoid rendering inoperative elements of design provided under either the head impact protection requirements of Standard No. 213 or the flammability resistance requirements of Standard No. 302. Nevertheless, this agency would urge you to voluntarily ensure that your sun visor would not render any such elements inoperative.; Additionally, you should be aware that you will be a manufacturer o motor vehicle equipment if you manufacture the child restraint sun visor for sale. As such, you will be subject to the requirements of sections 151-159 of the Safety Act (15 U.S.C. 1411-1419), concerning the recall and remedy of products with defects related to motor vehicle safety. If it were determined that your sun visor had a defect related to motor vehicle safety, you as the manufacturer would have to notify all purchasers of the defect and either:; >>>1. repair the visor so that the defect is removed, or<<< >>>2. replace the visor with an identical or reasonably equivalen product that does not have the defect.<<<; Whichever of these options were chosen, you as the manufacturer woul have to bear the full expense of the notification and remedy. This means you could not charge owners of the visor for the remedy if the visor were first purchased less than eight years before the notification campaign.; I would also like to make clear that this explanation is not an agenc 'recommendation'. NHTSA does not offer its opinion as to the value or practicality of motor vehicles or equipment. When we are presented with questions from potential manufacturers of new vehicles or equipment, we only explain how our statute and regulations would apply to such products. It is up to the potential manufacturer to assess the value and practicality of the product.; If you have any further questions or need more information on thi subject, please feel free to contract Steve Kratzke of my staff at this address or by telephone at (202) 366- 2992.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam1546OpenMr. K. Nakajima,Director/General Manager,Factory Representative Office,Toyota Motor Sales, U.S.A. Inc.,Lyndhurst Office Park,1099 Wall Street, West,Lyndhurst, New Jersey 07071; Mr. K. Nakajima Director/General Manager Factory Representative Office Toyota Motor Sales U.S.A. Inc. Lyndhurst Office Park 1099 Wall Street West Lyndhurst New Jersey 07071; Dear Mr. Nakajima:#This is in reply to your letter of May 24, 1974 t Dr. Gregory asking whether the five master Cylinder reservoir designs indicated would meet the requirements of S5.4.1 of Motor Vehicle Safety Standard No. 105-75.#Each of these designs appears to conform to S5.4.1 providing that the reservoir capacity requirements of S5.4.2 are met. It appears that Designs (3) and (4) would require additional fluid for the clutch.#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.