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: aiam1423OpenMr. L. A. Volberding, Administrative Manager, Kar-Kraft, Inc., 10611 Haggerty Street, Dearborn, MI 48126; Mr. L. A. Volberding Administrative Manager Kar-Kraft Inc. 10611 Haggerty Street Dearborn MI 48126; Dear Mr. Volberding: This is in further reply to your letter of December 6, 1973, i response to your phone conversation with Mike Peskoe on February 25, 1974. You indicated then that our reply of February 6, 1974, failed to define 'lowest seating position' as that term is used with respect to motorcycles in Motor Vehicle Safety Standard No. 205 (S5.1.2.1 and S5.1.2.2).; We interpret the phrase 'lowest seating position' to mean the lowes point on the uncompressed seating surface of the motorcycle operator's seat.; I regret that our earlier letter omitted this information. Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5460OpenThe Honorable Andrea Seastrand California State Assemblywoman 33d District 523 Higuera Street San Luis Obispo, CA 93401; The Honorable Andrea Seastrand California State Assemblywoman 33d District 523 Higuera Street San Luis Obispo CA 93401; Dear Ms. Seastrand: Thank you for your letter forwarding the concern of Mr. Eric Brandt regarding the use of aircraft tires on the dollies that he uses to move houses and other structures on the highway. I am pleased to have this opportunity to respond. Your office's description of Mr. Brandt's concerns was as follows: He is upset because the California Highway Patrol has stopped him from his house moving business because he is using aircraft tires on the dollies he uses to move the houses. He thinks that the law is being interpreted incorrectly. He is using low profile tires, and he thinks the law means the high floatation tires. The California Highway Patrol officer told Mr. Brandt to contact the Federal Department of Motor Vehicles and find out. In the meantime, he is out of business. Can we help? In accordance with your request, we have prepared a response directly to Mr. Brandt (copy enclosed). If I can be of further assistance, please contact me or Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel Enclosure; |
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ID: aiam0398OpenMr. M. G. Uttley, Technical Dept. Manager, Norton Villiers Limited, Engine Division, Marston Road, Wolverhampton WV2 4NW, England; Mr. M. G. Uttley Technical Dept. Manager Norton Villiers Limited Engine Division Marston Road Wolverhampton WV2 4NW England; Dear Mr. Uttley: This is in reply to your letter of June 17, 1971, concerning complianc of the Morton Villiers Commando Production Racer with the front side marker requirements of the Federal lighting standard, No. 108.; It is our understanding that the racer fairing is detachable only wit considerable time and effort. For all intents and purposes the fairing can be regarded as a permanent part of the vehicle and thus an appropriate place to mount the side markers.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel |
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ID: aiam1970OpenMr. Charles J. Calvin, President, Truck Trailer Manufacturers Association, 2430 Pennsylvania Avenue, N.W., Washington, DC 20037; Mr. Charles J. Calvin President Truck Trailer Manufacturers Association 2430 Pennsylvania Avenue N.W. Washington DC 20037; Dear Mr. Calvin: This is in reply to your letter of June 17, 1975, requesting our revie of your Recommended Practice No. 9-75 - Lighting Devices for Trailers and Container Chassis.; With several minor revisions, your recommended practice will accuratel reflect the requirements of Federal Motor Vehicle Safety Standard No. 108. These revisions are as follows:; >>>1. Chart entitled, 'Truck Trailer Lighting Requirements' - a. Under the 'Remarks and Text Reference' column, opposit 'Identification Lamps,' delete 'May be at bottom level provided rear clearance lamps are as high as practicable.' This provision is not specified in Standard No. 108.; b. Under the 'Remarks and Text Reference' column, opposite 'Clearanc Lamps,' change '(S4.3.1.5)' to '(S4.3.1.4).'; c. Under the 'Height' column, opposite 'Reflex Reflectors,' the not 'Both on same level' applies only to rear reflex reflectors. The note 'Between 15 & 60' applies to both rear and side reflex reflectors.; 2. Drawing entitled, 'Required Lamps and Reflectors for Closed and Ope Top Trailers and Platform Vehicles' -; In Note 5, delete 'and rear clearance.' Rear clearance lamps must b mounted as near as practicable to the top of the vehicle, unless the identification lamps are located at the extreme height of the vehicle (paragraph S4.3.1.4 of Standard No. 108).<<<; We note that you provide identified zones of specified dimension within which you recommend that lamps be located. The standard actually requires these lamps to be 'as close to the top or practicable.' 'as far forward as practicable' etc. In most instances this should fulfill the requirements of the standard. However, we recommend that paragraph 3.1 of your recommended practice be revised to state both the locations actually specified by Standard No. 108 and the fact that your drawings provide your interpretation of these requirements which may not necessarily be that of the NHTSA.; Your efforts in promoting compliance with the requirements of Standar NO. 108 are greatly appreciated.; Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam0662OpenMr. Jimmy W. Gerlack, G. and W. Body Works, Post Office Box 585, Durant, OK 74701; Mr. Jimmy W. Gerlack G. and W. Body Works Post Office Box 585 Durant OK 74701; Dear Mr. Gerlack: Thank you for your 'Manufacturer Identification Registration Report with which you submitted a sample of a certification label that you intend to use to fulfill your obligations under Part 567 of Title 49 of the Code of Federal Regulations, soliciting our advice.; The nomenclature on the label fulfills the requirements. However, ther is some question as to whether the material would meet the permanency requirements of section 114 of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act).; The subject is further addressed in the Preamble to the certificatio requirements that became effective on September 1, 1969, '. . . The intent of the requirement is that the label last for the life of the vehicle . . .' (34 F.R. 7031) copy enclosed.; You should assure yourself that the material used will meet thos requirements.; Sincerely, Francis Armstrong, Director, Office of Standard Enforcement, Motor Vehicle Programs; |
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ID: aiam5030OpenMr. Jeffrey Puentes, President Sacramento Registration Service 11684 Ventura Blvd., Suite 271 Studio City, CA 91604; Mr. Jeffrey Puentes President Sacramento Registration Service 11684 Ventura Blvd. Suite 271 Studio City CA 91604; "Dear Mr. Puentes: This responds to your request for information o laws and regulations administered by this agency that would apply to motorcycle frames, a product that your client wishes to manufacture and sell. Since motorcycle frames would constitute 'motor vehicle equipment,' the product would be subject to NHTSA's jurisdiction as follows. Your letter stated that your client intends the frames to be sold to the 'retail public' and to be used to replace frames of damaged Harley Davidson motorcycles. In a telephone conversation with Dorothy Nakama of my staff, you stated that your client is a domestic manufacturer, and the term 'serial number' in your letter meant vehicle identification numbers (VINs), as specified by this agency. The National Traffic and Motor Vehicle Safety Act (the Safety Act) authorizes this agency to regulate 'motor vehicles' and items of 'motor vehicle equipment.' Section 102(4) of the Safety Act (15 U.S.C. 1391(4)) defines 'motor vehicle equipment,' in part, as: any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component ... In your letter, you stated that your client intends its motorcycle frames to be used to replace frames in damaged motorcycles. Thus, the motorcycle frames would be 'motor vehicle equipment' since they are 'similar parts' that will be 'sold for replacement' of a part. If your client's motorcycle frames should be installed into a motorcycle by a commercial business, Section 108(a)(2)(A) of the Safety Act could affect such installations. That section of the Act requires manufacturers, distributors, dealers, and motor vehicle repair businesses to ensure that they do not knowingly render inoperative any device or element of design installed on or in a motor vehicle or itemof motor vehicle equipment in compliance with an applicable Federal Motor Vehicle Safety Standard (FMVSS). The above-named businesses could sell the motorcycle frames but could not install them if the installation would adversely affect a motorcycle's compliance with any of the applicable FMVSS's. In the first instance, it would be the responsibility of these entities to determine whether there is any possibility of such an effect. The prohibitions of Section 108(a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her motorcycle. Thus, a motorcycle owner would not violate the Safety Act by replacing the motorcycle frame, even if doing so would adversely affect some safety feature in his or her motorcycle. Manufacturers of motor vehicle equipment such as motorcycle frames are also subject to the requirements in 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. The Safety Act specifies that if either your client's company or this agency determines that a safety-related defect exists in the motorcycle frame, that company as the manufacturer must notify purchasers of the safety-related defect and must either: (1) repair the product so that the defect is removed, or (2) replace the product with identical or reasonably equivalent products which do not have a defect. Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than 8 years before the notification campaign. You also asked about vehicle identification numbers (VINs) (referred to in your letter as 'serial numbers') and whether motorcycle frames must be identified with VINs. As you may be aware, Federal Motor Vehicle Safety Standard No. 115, Vehicle identification number- basic requirements specifies that vehicles manufactured in one or more stages must have a VIN assigned by the manufacturer. Your client is a motorcycle frame manufacturer, not a motor vehicle manufacturer. Therefore, your client should not assign VINs to the motorcycle frames that it manufactures. Please note, however, that NHTSA regulations would not preclude your client from assigning 'serial numbers' to the frames it manufactures, if the numbers are for its own inventory, recordkeeping, or other internal purposes. You further requested information about laws regulating retail businesses that may affect your client. Other than the matters that have previously been discussed in this letter, NHTSA has no laws or regulations affecting your client as a retail business selling motorcycle frames. Regulation of retail businesses is generally a matter of state law. For more specific information, I would suggest you investigate the requirements for each state in which your client intends to begin a retail establishment. For your information, I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. This sheet gives a brief description of our regulations and explains how to obtain copies of those regulations. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam0232OpenDavid Sugarman, Esq., 119 West 57th Street, New York, NY 10019; David Sugarman Esq. 119 West 57th Street New York NY 10019; Dear Mr. Sugarman: In response to your letter of April 16 I enclose copies of Federa Motor Vehicle Safety Standards Nos. 107 (Reflecting Surfaces) and 108 (Lamps, Reflective Devices, and Associated Equipment). Copies of the ASTM and SAE standards cross-referenced in the Federal standards are available from the American Society for Testing and Materials and the Society of Automotive Engineers. You may find particularly helpful SAE Handbook Supplement 19, 'SAE Technical Reports Referenced in Federal Motor Vehicle Safety Standards'.; The answer to your first question is that Standard No. 108 require passenger cars manufactured on or after January 1, 1970, to be equipped with a total of 4 side marker lamps and 4 side marker reflectors, one marker and one reflector, amber in color, on each side of the vehicle 'as far forward as practicable', and one marker and one reflector, red in color, on each side of the vehicle, 'as far to the rear as practicable'(sic) Between January 1, 1969 and January 1, 1970 the option of reflectors or markers, or a combination of the two, was permitted. Prior to January 1, 1969 the Federal lighting standard did not apply to passenger cars. I will note in passing that the rear marker lamps on the Monteverdi displayed at the recent New York show were amber and must be changed to red before these vehicles are sold. There are no requirements as to size and shape of lamps and reflectors, but the SAE standards applicable to them and incorporated by reference in Standard No. 108 do set forth certain photometric requirements which must be met.; In answer to your second question, Table III of Standard No. 10 requires tail lamps to be red, but permits stop lamps and rear turn signals to be either red or amber. A proposal has been issued however (35 F.R. 106) that stop lamps be red only on passenger cars manufactured on or after January 1, 1971.; You have asked in your third question whether headlamps may be place in the grille. The answer to this is yes, provided that this location meets the lateral spacing and height above road surface requirements of Table IV of Standard No. 108. Also, headlamps must not be covered by a grille or plastic shield when in use.; Standard No. 107 does not specify a particular color for the horn rin and hub of the steering assembly but it does specify a maximum permissible value for specular glass.; Finally, other than Standard Nos. 205 (Glazing Materials) and 21 (Windshield Mounting) which all passenger cars must meet, there is no 'specific safety requirement as to the windshield' for convertibles, and there is no 'requirement as to a roll bar'.; Sincerely, Lawrence R. Schneider, Chief, Regulations Division |
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ID: aiam2018OpenMr. Robert J. Ostrander, Dana Corporation, Tech. Center, 8000 Yankee Road, Ottawa Lake, MI 49267; Mr. Robert J. Ostrander Dana Corporation Tech. Center 8000 Yankee Road Ottawa Lake MI 49267; Dear Mr. Ostrander: This responds to Dana Corporation's July 11, 1975, question whether system which controls a truck engine throttle from a remote location by means of compressed air from the truck's brake system would violate the requirements of Standard No. 121, *Air brake systems*.; The answer to your question is no. Standard No. 121 does not contain prohibition on the use of air pressure from the air brake system for powering auxiliary devices. The vehicle must of course conform to Standard No. 121 following installation of the device, if the installation occurs prior to the first purchase in good faith for purposes other than resale. For example, the compressor build-up pressure would still be required to meet S5.1 of the standard.; Although not a requirement of the standard, the NHTSA does consider i appropriate that a pressure protective valve be placed in the line to the auxiliary device so that a rupture of an auxiliary line does not cause depletion of air pressure in the brake system.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam0025OpenMr. Henri B. Combe, Executive Vice President, Peugeot, Inc., 107-40 Queens Boulevard, Forest Hills, NY 11375; Mr. Henri B. Combe Executive Vice President Peugeot Inc. 107-40 Queens Boulevard Forest Hills NY 11375; Dear Mr. Combe: In answer to your letter of May 26, concerning Federal Motor Vehicl Safety Standards Nos. 208 and 210, your interpretation is correct: a four-passenger automobile (such as the Peugeot 404) must have two Type 2 seat belt assemblies for the front seat passengers if the windshield header is within the head impact area, two Type 1 or Type 2 seat belt assemblies for the front seat passengers if the windshield header is not within the head impact area, and two Type 1 seat belt assemblies for the rear seat passengers. However anchorages for Type 2 seat belt assemblies are required in the rear to enable the owner to install Type 2 seat belt assemblies should he desire to afford his rear seat passengers this means of protection.; Sincerely yours, Robert M. O'Mahoney, Assistant General Counsel |
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ID: aiam5227OpenKenneth G. Koop, Risk Control Representative Intergovernmental Risk Management Agency One Oakbrook Terrace 22nd Street at Butterfield Road Suite 412 Oakbrook Terrace, IL 60181; Kenneth G. Koop Risk Control Representative Intergovernmental Risk Management Agency One Oakbrook Terrace 22nd Street at Butterfield Road Suite 412 Oakbrook Terrace IL 60181; "Dear Mr. Koop: This responds to your letter of June 3, 1993 requesting information on a modification for police vehicles. You seek permission to remove the passenger seat and passenger air bag from police vehicles, and to permanently mount equipment where the passenger seat had been. As explained below, this type of modification would be permitted under Federal law. By way of background information, the National Highway Traffic Safety Administration (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 apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. Among the standards that NHTSA has issued are two which could be affected by the modification you propose: Standard No. 207, Seating Systems, (49 CFR 571.207), which requires each vehicle to have an occupant seat for the driver and sets strength and other performance requirements for all occupant seats in a vehicle, and Standard No. 208, Occupant Crash Protection (49 CFR 571.208), which specifies occupant protection requirements based on vehicle type and seating position within the vehicle. If your contemplated modification is made before a vehicle's first purchase for purposes other than resale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration (See 49 CFR Part 567.7). Once the front passenger seat is removed, Standard No. 208 would not require an air bag for that location since an occupant restraint is only required if a seating position is there. After a vehicle's first purchase for purposes other than resale, i.e., the first retail sale of the vehicle, the presence and condition of devices or elements of design installed in the vehicle under applicable safety standards is affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section provides: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard. NHTSA does not consider there to be a violation of the 'render inoperative' prohibition with respect to occupant restraints if, after one of the named types of commercial entities modifies a used vehicle, the vehicle is equipped with occupant restraints at every seating position and those occupant restraints are the type that Standard No. 208 permitted when the vehicle was new. Again, if a seating position were removed from a used vehicle, the removal of the air bag as well would not violate the render inoperative provision because the presence of the air bag was originally premised on the presence of the seating position. However, the render inoperative prohibition would be violated if removal of the passenger side air bag caused the driver side air bag to malfunction or deploy. I would like to caution you to contact the vehicle manufacturer concerning the proper procedure for any air bag removal. Removing an air bag could cause it to deploy and injure the mechanic. In addition, removal of the passenger side air bag could cause the driver side air bag to malfunction or deploy. You should also note that the 'render inoperative' prohibition applies only to the named entities. Therefore, vehicle owners are permitted to make any modifications to their vehicles, even if the vehicle would no longer comply with applicable safety standards. However, we encourage vehicle owners not to tamper with the occupant protection systems installed in their vehicles. You should be aware that S4.5.2 of Standard No. 208 requires a readiness indicator for an air bag system which is clearly visible from the driver's seating position. NHTSA believes that most manufacturers install one indicator for both air bags. After the passenger side air bag is removed, this indicator would show that the air bag system is not operative. NHTSA is concerned that the driver would then be unable to tell if the driver side air bag were functional. Therefore, I urge you to contact the manufacturer to determine how the indicator could be altered to monitor the readiness of the driver side air bag only. As a final caution, I note that the purpose of the 'render inoperative' provision is to ensure, to the degree possible, current and subsequent owners and users of the vehicle are not deprived of the maximum protection afforded by the vehicle as newly manufactured. Your letter states that you will 'place permanently mounted policing equipment in the seat's place.' It is our understanding that it is common for police cars to be sold after a few years of service. Presumably any police equipment would be removed before such a sale. I urge you to either reinstall the passenger seat and occupant restraint or to make these modifications in a way that will discourage reinstallation of the passenger seat, so that future users of the vehicle are unlikely to use a seating position that does not have any occupant restraint. 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"; |
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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.