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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.

Reasons interpretation letters in this database may not be applicable 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.

More search options

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

Displaying 3421 - 3430 of 16513

Interpretations	Date
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ID: aiam5018 Open Mr. Frank J. Sonzala Senior Vice President International Transquip Industries, Inc. 6131 Brookhill Drive Houston, Texas 77087-1131; Mr. Frank J. Sonzala Senior Vice President International Transquip Industries Inc. 6131 Brookhill Drive Houston Texas 77087-1131; Dear Mr. Sonzala: Thank you for your letter regarding Federal Moto Vehicle Safety Standard No. 121, Air Brake Systems. Your company is a manufacturer of air brake systems and is apparently having difficulty selling your product to vehicle manufacturers because of a compliance issue related to Standard No. 121. I am pleased to provide you the following information. By way of background information, the National Highway Traffic Safety Administration (NHTSA) issues Federal motor vehicle safety standards under the National Traffic and Motor Vehicle Safety Act (Safety Act). The agency does not provide approvals of motor vehicles or motor vehicle equipment. Instead, the Safety Act requires manufacturers to certify that their vehicles or equipment comply with applicable safety standards. Standard No. 121 specifies braking requirements for vehicles equipped with air brake systems. The purpose of the standard is to ensure safe braking performance under normal and emergency conditions. The standard applies only to motor vehicles and not to motor vehicle equipment. Therefore, vehicle manufacturers are responsible for ensuring compliance with the standard, and not brake equipment manufacturers such as ITI. The dispute between ITI and the vehicle manufacturers (you use the term 'original equipment manufacturers') relates to the standard's parking brake requirements. The specific requirement at issue, set forth at S5.6 of Standard No. 121, requires a vehicle's parking brake to meet certain grade holding requirements (or other equivalent requirements) with 'any single leakage-type failure' of certain parts, including service brake chamber diaphragms. The purpose of this requirement is to ensure that a driver can safely park his or her vehicle in the event of a leakage-type failure in the service brake system. Leakage-type failures include such things as ruptured or severed brake hoses and torn diaphragms. Since these types of failures are relatively common in air brake systems, NHTSA believes that it is important that drivers be able to safely secure heavy trucks and other vehicles with such failures, until the vehicles can be repaired. For the purpose of determining whether a vehicle can meet Standard No. 121's grade holding requirements with one particular leakage-type failure, a failed diaphragm, IT would like the standard to be interpreted to cover only a very limited and specific type of failure, i.e., a hole 1/8 inch in size located in a particular place. Your letter states that the vehicle manufacturers generally have a broader view of what constitutes a failed diaphragm, i.e., they believe that failures include holes larger than 1/8 inch. You argue that Standard No. 121 is ambiguous in this area and requests NHTSA to issue an interpretation supporting your position. After reviewing this matter, we can state that the vehicle manufacturers are correct in their understanding that a failed diaphragm is not limited to a diaphragm wit a 1/8 inch hole. Therefore, if a vehicle cannot pass Standard No. 121's grade holding test with a larger hole in a failed diaphragm, the vehicle manufacturer cannot certify that the vehicle complies with the standard. Further, we disagree with ITI's contention that Standard No. 121 is ambiguous as to what constitutes a failed diaphragm. As indicated above, Standard No. 121 specifies that the grade holding requirements must be met with any single leakage-type failure of certain parts, including a failed diaghragm. The usage of the term 'any,' when used in connection with a set of items, is specifically designed at 49 CFR 571.4 as meaning the totality of that set of items, any one of which may be selected by the Administration for testing. Thus, a vehicle must meet the grade holding requirements regardless of the extent of the failure selected by NHTSA for testing. We note that leakage-type failures of many types and sizes can occur in vehicle brake systems. NHTSA intentionally did not limit the size or location of such failures in developing this requirement to ensure that a vehicle has adequate grade holding performance regardless of the specific nature of such a failure. You also asked whether other broken components, such as heavy parking springs, brake shoes, linings, and drums should be part of Standard No. 121's test requirements, since diaphragms are tested when torn. Although NHTSA's brake standards do not have any express test requirements for broken parking springs, brake shoes, linings or drums, those standards include a number of requirements to ensure adequate braking performance in the event of various failure in a vehicle's brake system. We hope that this information is helpful. Sincerely, Paul Jackson Rice Chief Counsel Enclosure;
ID: aiam2227 Open Mr. Mori Nakashima, Inoue Rubber International Co., Ltd., 301 Mill Rd., P.O. Box 396, Hewlett, New York 11557; Mr. Mori Nakashima Inoue Rubber International Co. Ltd. 301 Mill Rd. P.O. Box 396 Hewlett New York 11557; Dear Mr. Nakashima: I am writing to confirm your telephone conversation with Mark Schwimme of this office on February 25, 1976, concerning tires that you export to the United States and to the Soviet Union.; I understand that you export tires from Japan to the Soviet Union, t be mounted on motorcycles that are in turn exported to the United States. Representatives of the motorcycle manufacturer have requested a certification that the tires comply with Federal Motor Vehicle Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars. You asked Mr. Schwimmer how to obtain such a certification from the Department of Transportation.; This Department does not certify or otherwise issue advance approval of motor vehicles, tires, or other motor vehicle equipment. Certification, under the applicable law and regulations, must be done by the manufacturer. The symbol 'DOT', molded in the tire sidewall by you, pursuant to S6.5(a), constitutes your certification that your product complies with all applicable Federal motor vehicle safety standards (i.e., in this case, Standard No. 119). If it is subsequently determined that your product does not comply with the standard, then the tires are subject to the notification and remedy provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended. The 'DOT' symbol on the sidewall may very well be the certification that your Soviet customer has in mind.; Please note that Section 110(e) of the National Traffic and Moto Vehicle Safety Act (15U.S.C. S1399(e)) requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his agent, upon whom service of all processes, orders, notices, decisions, and requirements may be made. Our records indicate that Inoue Rubber International Co., Ltd. has not complied with this requirement.; The procedural regulations (49 CFR 551.45) for designation of agen pursuant to the Act requires:; >>>(1) A certification by its maker that the designation is binding o Inoue Rubber International Co., Ltd. under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made,; (2) The full legal name, principal place of business and mailin address of Inoue Rubber International Co., Ltd.,; (3) Trade names or other designations of origin of the products o Inoue Rubber International Co., Ltd. that do not bear its legal name,; (4) A provision that the designation remain in effect until withdraw or replaced by Inoue Rubber International Co., Ltd.,; (5) A declaration of acceptance duly signed by the agent appointed which may be an individual, a firm, or a U.S. corporation, and; (6) The full legal name and address of the designated agent.<<< In addition, the designation must be signed by one with authority t appoint the agent, the signers name and title should be clearly indicated beneath his signature.; Copies of these regulations and of Standard No. 119 are enclosed fo your information and guidance.; Yours truly, Richard B. Dyson, Assistant Chief Counsel
ID: aiam5448 Open Ms. H. Kristie Jones, President P.J.'s Fabrication, Inc. P.O. Box 880 Stanfield, OR 97875; Ms. H. Kristie Jones President P.J.'s Fabrication Inc. P.O. Box 880 Stanfield OR 97875; "Dear Ms. Jones: This responds to your request for an interpretation o Federal Motor Vehicle Safety Standard No. 115, Vehicle Identification Number (VIN). You explained that P.J.'s Fabrication (P.J.), which manufactures trailers, entered into a contract with Coulson Commander Trailers (Coulson) to manufacture trailers that will be marketed under Coulson's name. Skip Jones of your company has told Dorothy Nakama of my staff that he does not believe Coulson has any manufacturing capability or that Coulson manufactures trailers. You ask whether under Standard No. 115, P.J. assigns the VIN to the vehicles. The answer is yes. S4.1 of Standard No. 115 specifies that 'Each vehicle manufactured in one stage shall have a VIN that is assigned by the manufacturer.' The term 'manufacturer' is defined at 49 U.S.C. 30102(a)(5)(A) as a person 'manufacturing or assembling motor vehicles or motor vehicle equipment.' According to the information provided in your letter, P.J. fits this definition of a manufacturer. Moreover, you also state that 'P.J.'s accepts responsibility for warranty work and quality control to meet DOT specifications.' This statement indicates that P.J. is certifying the trailers' compliance with the Federal motor vehicle safety standards (FMVSS's), as a manfacturer must under our certification requirements. Accordingly, all the information presented to us indicates that P.J. is the trailer manufacturer, and it is therefore appropriate for P.J. to assign the VIN to the trailers. As noted above, you indicate that P.J. is certifying the trailers' compliance with all applicable FMVSS's. Since FMVSS No. 115 applies to the trailers and requires each new trailer to have a VIN, P.J. must assign a VIN to the vehicle in order to correctly certify that the vehicle meets the FMVSS's (namely, FMVSS No. 115). In other words, since the FMVSS's require a VIN, the trailers must have a VIN by the time P.J. certifies the vehicles as complying with the FMVSS's. You also asked which company issues the manufacturer's statement of origin (MSO), that your letter referred to as the 'Certificate of Origin.' Since MSOs are regulated by state law, for information about each state's requirements, you must contact the state's department of motor vehicles. A source of information about each state's requirements is the American Association of Motor Vehicle Administrators (AAMVA), 4600 Wilson Blvd., Suite 1000, Arlington, Virginia 22203. The telephone number for the AAMVA is (703) 522-4200. I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel";
ID: aiam2677 Open Mr. James Tydings, Thomas Built Buses, Inc., 1408 Courtesy Road, P.O. Box 2450, High Point, NC 27261; Mr. James Tydings Thomas Built Buses Inc. 1408 Courtesy Road P.O. Box 2450 High Point NC 27261; Dear Mr. Tydings: This responds to your September 15, 1977, letter asking severa questions pertaining to Standard No. 222, School Bus Passenger Seating and Crash Protection, and Standard No. 217, Bus Window Retention and Release.; You first ask whether side-facing seats installed in school buses fo purposes of transporting handicapped or convalescent passengers are exempted from the requirements of Standard No. 222. The answer to your question is yes. these seats are not considered school bus seats' as that term is defined in S4 of the standard. The remaining forward-facing seats installed in the same bus, however, would be required to comply with all of the requirements of the standard.; In a related matter, you ask what your responsibility would be should non-handicapped passenger use a handicapped passenger seat. The National Highway Traffic Safety Administration (NHTSA) realized when it adopted the limited seating exception applicable to seats for the handicapped that these seats might on occasion be used by non-handicapped passengers. The agency is continuing to study such problems in order to ensure that buses designed to accommodate handicapped passengers provide a sufficient level of safety for all individuals they routinely transport. Standard No. 222 does not place a responsibility upon school bus users to permit only handicapped students to sit in side-facing seats. Of course, any passenger seated in such a seat will not benefit from the protection provided by forward-facing seats that meet the requirements of the Federal standard.; In a final question, you ask whether the position of a wheelchair i close proximity to the rear emergency exit of a bus would violate S5.4.2.1(a) of Standard No. 217. The NHTSA will measure the opening using the described parallelepiped device as the vehicle is constructed in its unloaded condition. Since the wheelchair would not be present when the vehicle was in its unloaded condition, your location of the wheelchair would not violate the standard.; Sincerely, Joseph J. Levin, Jr., Chief Counsel
ID: aiam3965 Open Mr. Tom Cooney, Executive Editor, Tire Review, 11 South Forge Street, Akron, Ohio 44304; Mr. Tom Cooney Executive Editor Tire Review 11 South Forge Street Akron Ohio 44304; Dear Mr. Cooney: This responds to your letter to Mr. Steve Kratzke of my staff, askin several questions about the removal of the DOT numbers from the sidewall of tires. In a February 5, 1985 telephone conversation with Mr. Kratzke, you stated that the answers to all of your questions except number 7 should address the situation only for tire dealers and distributors. With that limitation, I have set forth below the answers to each of your questions in the order presented in your letter.; 1. Under what circumstances, if any, may a DOT number be removed fro a passenger car tire?; There are no circumstances in which a tire dealer or distributor ca legally remove a DOT number from a passenger car tire. It is unclear when you refer to a 'DOT number' whether you are referring to just the tire identification number required to be on every new and retreaded tire by 49 CFR Part 574, or that identification number together with the DOT symbol. The DOT symbol is required to appear on all new tires for highway use and retreaded passenger car tires as a certification by the manufacturer or retreader that the tire fully complies with the applicable Federal safety standard.; In any case, Standard No. 109, New pneumatic tires - passenger cars (49 CFR S571.109) applies to all new pneumatic tires for use on passenger cars manufactured after 1948. Section S4.3.1 requires that the symbol DOT be on the tire, and section S4.3.1 requires that the tire identification number be on the tire. Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397 (a)(2)(A)) specifies '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 an...item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard...' By removing the DOT identification number, a dealer or distributor would be knowingly rendering inoperative an element of design on the tire which is included on the tire in compliance with Standard No. 109. Section 109 of the Safety Act (15 U.S.C. 1398) specifies a penalty of up to $1000 for each violation of Section 108. This agency would consider each tire from which the DOT number had been removed to be a separate violation.; 2. If the answer to question 1 is none, is there any situation in which a passenger car tire can b sold for farm or off- road use provided that the DOT number has been removed?; There is no situation in which a passenger car tire with the DOT numbe removed can be sold for any purpose. Section S6 of Standard No. 109 reads as follows:; S6 Nonconforming tires. No tire that is designed for use on passenge cars and manufactured on or after October 1, 1972, but does not conform to all the requirements of this standard, shall be sold, offered for sale, introduced or delivered for introduction into interstate commerce, or imported into the United States, for any purpose.; A passenger car tire without the DOT number does not conform to al requirements of the standard, so its sale for any purpose is expressly prohibited. A violation of this section would subject the seller to a potential penalty of up to $1000 for each nonconforming tire sold.; 3. Under what circumstances can tires for use on motor vehicles othe than passenger cars have the DOT number removed and the tires sold for off-road or farm use only?; This is really a two part question. Again, there are no circumstance in which a tire dealer or distributor can legally remove the DOT number from these tires. Standard No. 119, New pneumatic tires for motor vehicles other than passenger cars (49 CFR 571.119) applies to these tires. Section S6.5(a) requires the DOT symbol to be on those tires, while section S6.5(b) requires the tire identification number to be on the tires. Section 108(a)(2)(A) of the Safety Act prohibits tire dealers and distributors for removing those symbols from the tire, and the penalty for removing those symbols is up to $1000 for every tire from which the symbols are removed.; Section 108(a)(2)(A) also prohibits manufacturers from removing DO numbers from tires and then selling the tires to distributors as tires for off-road use. It is theoretically possible that a tire dealer or distributor could acquire a small quantity of tires from which the DOT number had been removed by a party other than a manufacturer, distributor, dealer, or motor vehicle repair business. Assuming that a tire dealer or distributor did acquire some of these tires from which the DOT number had been removed, the tires could be sold for off-road use only. This is because Standard No. 119 has no comparable provision to section S6 of Standard No. 109. However, these tires may never legally be sold for used on the public roads (15 U.S.C. 1397(a)(1)(A)). A tire dealer or distributor who acquires tires from which the DOT number has been removed would be well advised to have some written statement to that effect on the sales slip. The purpose of such statement would be to prove that it was not the tire dealer or distributor who removed those numbers. When selling these tires for off-road use, the dealer or distributor should have some means of proving that he or she sold these tires with the caveat that they could only be used off-road. Either of your suggestions in question 4 (noting off-road use only on the sales slip or having the customer sign a document that the tires will only be used off-road) would be helpful for the dealer or distributor.; 4. If a tire can be sold as described in Question 3, what must a tir distributer or dealer do to sell a tire?; As noted above, either of your suggestions would be helpful for th dealer or distributor selling tires exclusively for off-road use. What the dealer must be able to do when selling these tires is show that he or she was not selling tires which do not comply with Standard No. 119 for use on the public roads.; 5. If a tire in Question 4 is sold with no-highway use intended an the customer uses it on the highway, will the tire dealer or distributor be held in violation of the provision provided he met the requirements for noting that the tire was sold for non-highway use only?; If a tire dealer or distributor can show that he or she did not remov the DOT numbers from the tires and that he or she sold the tires with the express understanding that the tires could not be used on the public roads, the dealer or distributor would not have violated any Federal requirements.; 6. Is it possible that if the tire in Question 5 fails on the highwa and causes property or personal injury as a result that the tire dealer or distributor could be held liable for the damages or injuries? Even if he did not mount the tire on a rim for the customer? This is a question of state law, which I cannot answer. However, I can say that it would be helpful for the dealer or distributor to have some proof that the customer was clearly told that these tires did not comply with the applicable Federal safety standard and could not be used on the public roads.; 7. Who, if anyone, is allowed to remove DOT numbers? a) A tire manufacturer may remove DOT numbers from its tires, as a wa of showing those tires do not satisfy the applicable standard Once a manufacturer does this, this tires may not legally be sold.; b) A retreader may remove the DOT numbers on the casing he or she i retreading. The retreader is generally required to mark its own identification number on each tire it retreads.; c) Once a tire has been sold for purposes other than resale, any perso or entity, other than a manufacturer, distributor, dealer, or motor vehicle repair business, may remove any or all markings from the tire.; 8. If a retreader is allowed to remove DOT numbers, is he required t replace the removed number with his assigned DOT shop code number?; Generally speaking, the retreader is required to permanently mark tire identification number on the sidewall of each tire it retreads. 49 CFR 574.5 specifies: 'Each tire retreader...shall conspicuously label one sidewall of each tire he retreads by permanently molding or branding into or onto the sidewall...a tire identification number...' There are two minor exceptions to this provision. A tire retreader who retreads tires for his own use is not required to mark a tire identification number on those tires. Also tires which are retreaded exclusively for mileage contract purchasers are not required to bear the retreader's tire identification number if the tire contains the phrase 'for mileage contract use only' molded into or onto the tire sidewall. In all other instances, a retreader must mark its tire identification number on each tire it retreads.; 9. Tire definition: since many tire sizes and styles are use interchangeably from passenger cars to light trucks and vans, especially mini-vans, how will the DOT decide whether Standard No. 109 or 119 applies to a case of DOT number removal and subsequent sale for off-road use?; In the process of certifying their tires, manufacturers indicat whether that tire size is designated primarily for use on passenger cars or primarily for use on light trucks and multipurpose passenger vehicles (vans). This is occasionally done by an individual manufacturer for a particular tire size, but is most often done through the publications of standardization organizations. (A standardization organization is a voluntary association composed of representatives of each of the member tire companies. The purpose of these standardization organization is to establish and promulgate sound engineering standards for tires, rims, and their allied parts.) The agency uses these listings to determine whether a tire is certified for compliance with Standard No. 109 or No. 119. If you have any questions about particular tire sizes, you may wish to contact the American standardization organization, The Tire an Rim Association, at 3200 West Market Street, Akron, Ohio 44313.; 10. Since DOT requires certain information to appear on the sidewal of the tire, whether passenger car or other type, what, if anything can be removed from the sidewall?; A tire dealer or distributor can never legally remove any of th required information from the sidewall of tires. In the case of passenger car tires, the following information is required to appear on the sidewall: The size designation, maximum permissible inflation pressure, maximum load rating, the generic name of each cord material used in the plies of the tire, the actual number of plies in the sidewall and in the tread, the words 'tubeless' or 'tube type', the word 'radial' if the tire is a radial tire, the DOT symbol, the name of the manufacturer or the brand name, and the identification number. In the case of tires for use on motor vehicles other than passenger cars, the following information is required to appear on the sidewall: the DOT symbol, the tire identification number, the tire size designation, the maximum load rating and corresponding inflation pressure, the speed restriction of the tire if 55 mph or less, the actual number of plies and the composition of the ply cord material in the sidewall and in the tread, the word 'tubeless' or tube type', the word 'regroovable' if the tire is designed for regrooving, the word 'radial if the tire is a radial tire, and the letter designating the load range of the tire. Removal of any of these required items of information by a tire dealer or distributor would be a violation of section 108(a)(2)(A) of the Safety Act, as explained above in my answer to Question 1.; 11. a.If a dealer is removing DOT numbers from tires then sellin those tires to a distributor who sells them to another dealer for resale to the customer, who is in violation of the Federal requirements?; The answer to this question depends on whether the tires are for use o passenger cars or other motor vehicles. If the tires are passenger car tires, both dealers and the distributor have violated Federal requirements. The dealer removing the DOT numbers has violated Section 108(a)(2)(A) of the Safety Act, as explained in the answer to Question 1 above. The distributor and dealer selling tires which do not comply with the requirements of Standard No. 109 have violated section 108(a)(1)(A) of the Safety Act, as explained in the answer to Question 11.b below.; If the tires are for other motor vehicles, the dealer removing the DO numbers has violated section 108(a)(2)(A) of the safety Act. If the tire distributor and the dealer selling the tires to a customer can show that neither one removed the DOT numbers and that the tires were sold with the express understanding that they could not be used on the public roads, neither has violated any Federal requirement.; b. If a customer buys tires with no DOT number and takes them t another dealer for mounting on his car, is that dealer in violation of Federal requirement because he mounted the tires, even though he did not sell them?; Since this question deals with passenger car tires, a dealer mountin tires without DOT number would be in violation of Federal law. Section 1089a)(1)(A) of the Safety Act specifies, ' No person shall manufacture for sale, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the Unite States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard...' A tire is an item of motor vehicle equipment, and a passenger car tire without DOT numbers is not in compliance with Standard No. 109. We have stated in previous interpretations that the use of noncomplying tires on pubic roads is an introduction of those tires in interstate commerce, and therefore a violation of this provision of the law. A dealer mounting noncomplying tires on a passenger car would also be considered to be introducing those tires into interstate commerce, and, therefore, also in violation of this provision.; 12. Please sum up the intent of Standards No. 109 and 119 and indicat if the tire dealer or distributor has an obligation to report to DOT any tire dealer who is removing DOT number and/or other required sidewall information and then selling these tires. Also indicate how this would be done and what steps would follow?; Standards No. 109 and 119 are intended to provide the tires purchase with necessary information for the safe operation of those tires on the purchaser's vehicle. Tire dealers and distributors cannot remove this information from the sidewall of the tires.; A tire dealer or distributor does not have a legal obligation to repor violations of these requirements, although we would appreciate if they did so. NHTSA prefers reports of violation to be in writing and addressed to: NHTSA, Office of Vehicle Safety Compliance, 400 Seventh Street, S.W., Washington, DC 20590. If for some reason the report cannot be made in writing, a person who suspects a violation of the requirements should telephone Mr. James Gilkey at (202) 426- 2834. When the agency learns of a violation, normal enforcement procedures are begun. First, the agency investigates to see if the allegations of violations are true. If the investigation concludes that there are violations, proceedings to collect the civil penalties are instituted against the violator. As noted above, a tire dealer or distributor removing DOT number from tires would face penalties of up to a maximum of $800,000 if the dealer or distributor had removed the DOT number for 800 or more tires.; If you have any further questions on this subject please contact Mr Kratzke a the above address or by telephone at (202) 426-2992.; Sincerely, Jeffrey R. Miller, Chief Counsel
ID: aiam1958 Open Honorable G. William Whitehurst, House of Representatives, Washington, DC 20515; Honorable G. William Whitehurst House of Representatives Washington DC 20515; Dear Mr. Whitehurst: A reply to your inquiry of June 5, 1975, concerning grade labellin regulations for new passenger car tires was transmitted to you on June 13 by Mr. James H. Cromwell of the Department of Transportation. Mr. Cromwell also referred your inquiry to me for additional comments.; As you are undoubtedly aware, the original impetus for th establishment of a uniform quality grading system for motor vehicle tires was provided by the National Traffic and Motor Vehicle Safety Act of 1966, which established this agency. The Congress, cognizant of the problems which beset the consumer when he attempts to make an informed choice of motor vehicle tires based on the relative merits of tire brands, included a specific Section 203 in the aforementioned Safety Act of 1966 which states that, 'In order to assist the consumer to make an informed choice in the purchase of motor vehicle tires . . .the Secretary shall . . . prescribe by order, and publish in the 'Federal Register, a uniform quality grading system for motor vehicle tires.'; The benefits of such a system, while difficult to quantify, represen an enormous potential since some 200,000,000 motor vehicle tires are produced per year and are presently sold to consumers without adequate quantitative measures of their performance. It is expected that, by facilitating increased and more meaningful competition, the quality grading information will enable the tire consumer to obtain more value per dollar than he has in the past. The rule will enable the consumer to judge relative tire performance from a simple grading system, and thereby select a tire which provides him with the optimum solution to his driving needs.; For your review and information, I am enclosing a copy of the Unifor Tire Quality Grading Standards (UTQGS) which was issued in the Federal Register* dated May 28, 1975. The rule provides quantitative grading measures for three important tire properties -- i.e., treadwear, traction, and temperature resistance.; I trust the above information satisfies your needs. Should you have an further questions, I shall be glad to attempt to provide answers.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs;
ID: aiam4609 Open Mr. H. Hasegawa Automotive Lighting Engineering Control Section Stanley Electric Co. Ltd.; Mr. H. Hasegawa Automotive Lighting Engineering Control Section Stanley Electric Co. Ltd.; FAX 03-792-0007 (Japan) Dear Mr. Hasegawa: This is in reply to your FA letter of May 22, l989, to Richard Van Iderstine of this agency. You have two questions with respect to the amendment to Standard No. l08 published on May 9, l989 (Docket No. 85-15, Notice 8). Your first question is the effective date of paragraph S7.7.5.1.(a), which you point out was not previously a requirement of Standard No. l08. You suggest the need for a delayed effective date (but give no reason why one may be needed). Paragraph S7.7.5.1(a) will be effective June 8, l989. Although the requirement is a new one (the restriction on motion of a headlamp when an external aiming device is applied to it), it was proposed as part of the December 29, l987 NPRM, and no comments received indicated a need for a delayed effective date. Your supposition is correct, S7.5.5.1 will apply to all headlamps with an external aiming system, including those incorporating replaceable bulbs. Your second question relates to paragraph S7.7.5.l(b), and you ask 'whether the requirement of '0.1 in. max.' will be determined, either during the test or after the test'. In pertinent part, subsection (b) states 'nor shall the lamp recede more than 0.1 in. (2.5 mm) after being subjected to an inward force....' This means that the measurement is determined after the test. Sincerely, Stephen P. Wood Acting Chief Counsel /;
ID: aiam3436 Open Mr. J. E. Bingham, British Standards Institution, Maylands Avenue, Hemel Hempstead, Herts HP2 4QS, England; Mr. J. E. Bingham British Standards Institution Maylands Avenue Hemel Hempstead Herts HP2 4QS England; Dear Mr. Bingham: This responds to your letter of June 8, 1981, concerning Standard No 209, Seat Belt Assemblies. You are correct that my letter of June 1, 1981, on the abrasion test procedure of the standard should have referred to section 5.1(d), instead of to section 5.2(d).; You also suggested that in the process of clarifying the standard' abrasion requirements, the agency should consider possible modifications to sections 4.2(e) and (f) of the standard. In the process of reviewing the abrasion test requirements, the agency will also examine those other sections to determine what changes should be made.; Finally, you raised the issue of whether the standard, as with othe national and international standards, should have a requirement that conditioned webbing must retain a certain percentage of its unconditioned strength and must also meet the minimum strength requirement for unconditioned webbing. The agency is not aware of any data indicating that our current conditioned strength requirements are insufficient.; Sincerely, Frank Berndt, Chief Counsel
ID: aiam4259 Open Frank E. McCarthy, Executive Vice-President, National Automobile Dealers Association, 8400 Westpark Drive, McLean, VA 22101; Frank E. McCarthy Executive Vice-President National Automobile Dealers Association 8400 Westpark Drive McLean VA 22101; Dear Mr. McCarthy: It has come to our attention that a recent Alabama Supreme Cour decision has led some dealers to question the appropriate certification to make when issuing odometer disclosure statements. Although we have not received any inquiries from your members at this time, we have been contacted by others in the industry. The purpose of this letter is to advise you of the National Highway Traffic Safety Administration's position concerning the certifications to be made on odometer disclosure statements.; Congress found that purchasers rely on mileage as an indicator of th value and condition of vehicles and enacted Title IV of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. S1981 et seq. Section 1988(a) of the Act requires the Secretary of Transportation to prescribe rules requiring any transferor to give a written disclosure (1) of the cumulative mileage registered on the odometer or (2) that the actual mileage is unknown, if the odometer reading is know to the transferor to be different from the number of miles the vehicle has actually travelled. To carry out this mandate, Federal regulation 49 C.F.R. Part 580 was promulgated. Furthermore, Section 1988(a) states that no transferor shall violate any rule prescribed under the section or give a false statement to a transferee in making any disclosure required by such rule.; A Senate report interprets Section 1988 as placing duty on auto dealer to alert purchasers of irregularities in odometers when, in the exercise of reasonable care, they would have reason to know the odometer reading is inaccurate. S. Rep. No. 92-413, (92nd Cong., 2nd Sess.), 1972 U.S. Code Cong. & Ad. News 3971-3972. If a purchaser receives an odometer statement in which his transferor certified that the odometer reading does not reflect the actual mileage and should not be relied upon, that purchaser, when selling the vehicle, should certify the same. However, if a purchaser receives an odometer statement in which his transferor certified that to the best of his knowledge the odometer reading reflects the actual mileage the vehicle has been driven, and he has no reasonable suspicion that the reading is inaccurate, when selling the vehicle, he should not certify that the reading is inaccurate. If transferors certify the reading as inaccurate in the latter situation, it is the position of the National Highway Traffic Safety Administration that they violate the regulations prescribed under Section 1988, 49 C.F.R. S580.4.; The Federal regulations provide for the inclusion of two sets o certifications on odometer disclosure statements. If the dealers truly wish to insulate themselves from liability when they have a reasonable suspicion that the mileage on the odometer has been altered, they should certify that the reading is not accurate, and check the third statement in the first set of certifications. However, none of the three statements in the second set covers a situation where a transferor suspects that an odometer reading is inaccurate, but the odometer was not altered, set back or disconnected in his possession. The Agency allows a transferor to check the first statement and cross out the lines which read, 'and I have no knowledge of anyone else doing so' provided that though crossed out it can still be read. Alternatively, we have no objection to a transferor writing and checking a fourth statement which would read:; >>>I hereby certify that the odometer of said vehicle was not altered set back, or disconnected while in my possession.; <<
ID: aiam3066 Open Mr. D. J. Arneson, Box 141, Southbury, CT 06488; Mr. D. J. Arneson Box 141 Southbury CT 06488; Dear Mr. Arneson: This is in reply to your letter of June 27, 1979, which inquire whether there are any regulations governing the installation of a propane-fueled engine, or the conversion of a gasoline-fueled engine to a propane-fueled engine, in vehicles registered for use on Federal, State, and local highways.; To date, the National Highway Traffic Safety Administration (NHTSA) ha not exercised its authority pursuant to the National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1381 et seq.) (the Act), to issue a safety standard applicable to propane-powered vehicles. Federal Motor Vehicle Safety Standard No. 301-75, Fuel System Integrity, applies only to vehicles which use fuel with a boiling point above 32 degrees F., and propane has a boiling point well below this temperature. Despite the absence of safety standards specifically applicable to propane-powered engines, however, an installer of these systems may be subject to other Federal requirements.; Under NHTSA safety regulations, a person who alters a new vehicle prio to its first purchase in good faith for purposes other than resale is required to attach an additional label to the vehicle certifying that, as altered, the vehicle remains in compliance with all applicable safety standards (49 CFR 567.7). This requirement would apply to a person who alters a new vehicle to install a propane fuel system. (See the enclosed pamphlet listing the Federal motor vehicle safety standards and an information sheet explaining where to obtain copies of the standards.) Additionally, should a noncompliance or safety-related defect be discovered in such a vehicle, as a result of the modification, the alterer could be liable for a civil penalty unless he or she could establish that he or she did not have actual knowledge of the noncompliance and that he or she did not have reason to know in the exercise of due care that the vehicle did not comply. (Section 108(b)(2)) Defects in the propane-fueled engines or in components used for converting a gasoline-fueled engine would be the responsibility of their manufacturers, regardless of whether they were installed in new or used vehicles. Upon discovery of a safety-related defect by either the Secretary of Transportation, the NHTSA Administrator or the manufacturer himself, the manufacturer would be required to notify vehicle owners, purchasers, and dealers and provide a remedy for the defect.; A person who installs a propane- fueled engine or converts th gasoline-fueled engine in a used vehicle is not required to affix an alterer's label. However, if that person is a manufacturer, distributor, dealer, or motor vehicle repair business, he must not in the course of installing the propane components knowingly render inoperative any device or element of design originally installed in the vehicle in compliance with applicable Federal motor vehicle safety standards. (Section 108(a)(2)(A) of the Act); I hope that you will find this response helpful and have not bee inconvenienced by our delay in sending it to you.; Sincerely, Frank Berndt, Chief Counsel

Request an Interpretation

How do I submit a request for 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.

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ID: aiam5018 Open Mr. Frank J. Sonzala Senior Vice President International Transquip Industries, Inc. 6131 Brookhill Drive Houston, Texas 77087-1131; Mr. Frank J. Sonzala Senior Vice President International Transquip Industries Inc. 6131 Brookhill Drive Houston Texas 77087-1131; Dear Mr. Sonzala: Thank you for your letter regarding Federal Moto Vehicle Safety Standard No. 121, Air Brake Systems. Your company is a manufacturer of air brake systems and is apparently having difficulty selling your product to vehicle manufacturers because of a compliance issue related to Standard No. 121. I am pleased to provide you the following information. By way of background information, the National Highway Traffic Safety Administration (NHTSA) issues Federal motor vehicle safety standards under the National Traffic and Motor Vehicle Safety Act (Safety Act). The agency does not provide approvals of motor vehicles or motor vehicle equipment. Instead, the Safety Act requires manufacturers to certify that their vehicles or equipment comply with applicable safety standards. Standard No. 121 specifies braking requirements for vehicles equipped with air brake systems. The purpose of the standard is to ensure safe braking performance under normal and emergency conditions. The standard applies only to motor vehicles and not to motor vehicle equipment. Therefore, vehicle manufacturers are responsible for ensuring compliance with the standard, and not brake equipment manufacturers such as ITI. The dispute between ITI and the vehicle manufacturers (you use the term 'original equipment manufacturers') relates to the standard's parking brake requirements. The specific requirement at issue, set forth at S5.6 of Standard No. 121, requires a vehicle's parking brake to meet certain grade holding requirements (or other equivalent requirements) with 'any single leakage-type failure' of certain parts, including service brake chamber diaphragms. The purpose of this requirement is to ensure that a driver can safely park his or her vehicle in the event of a leakage-type failure in the service brake system. Leakage-type failures include such things as ruptured or severed brake hoses and torn diaphragms. Since these types of failures are relatively common in air brake systems, NHTSA believes that it is important that drivers be able to safely secure heavy trucks and other vehicles with such failures, until the vehicles can be repaired. For the purpose of determining whether a vehicle can meet Standard No. 121's grade holding requirements with one particular leakage-type failure, a failed diaphragm, IT would like the standard to be interpreted to cover only a very limited and specific type of failure, i.e., a hole 1/8 inch in size located in a particular place. Your letter states that the vehicle manufacturers generally have a broader view of what constitutes a failed diaphragm, i.e., they believe that failures include holes larger than 1/8 inch. You argue that Standard No. 121 is ambiguous in this area and requests NHTSA to issue an interpretation supporting your position. After reviewing this matter, we can state that the vehicle manufacturers are correct in their understanding that a failed diaphragm is not limited to a diaphragm wit a 1/8 inch hole. Therefore, if a vehicle cannot pass Standard No. 121's grade holding test with a larger hole in a failed diaphragm, the vehicle manufacturer cannot certify that the vehicle complies with the standard. Further, we disagree with ITI's contention that Standard No. 121 is ambiguous as to what constitutes a failed diaphragm. As indicated above, Standard No. 121 specifies that the grade holding requirements must be met with any single leakage-type failure of certain parts, including a failed diaghragm. The usage of the term 'any,' when used in connection with a set of items, is specifically designed at 49 CFR 571.4 as meaning the totality of that set of items, any one of which may be selected by the Administration for testing. Thus, a vehicle must meet the grade holding requirements regardless of the extent of the failure selected by NHTSA for testing. We note that leakage-type failures of many types and sizes can occur in vehicle brake systems. NHTSA intentionally did not limit the size or location of such failures in developing this requirement to ensure that a vehicle has adequate grade holding performance regardless of the specific nature of such a failure. You also asked whether other broken components, such as heavy parking springs, brake shoes, linings, and drums should be part of Standard No. 121's test requirements, since diaphragms are tested when torn. Although NHTSA's brake standards do not have any express test requirements for broken parking springs, brake shoes, linings or drums, those standards include a number of requirements to ensure adequate braking performance in the event of various failure in a vehicle's brake system. We hope that this information is helpful. Sincerely, Paul Jackson Rice Chief Counsel Enclosure;
ID: aiam2227 Open Mr. Mori Nakashima, Inoue Rubber International Co., Ltd., 301 Mill Rd., P.O. Box 396, Hewlett, New York 11557; Mr. Mori Nakashima Inoue Rubber International Co. Ltd. 301 Mill Rd. P.O. Box 396 Hewlett New York 11557; Dear Mr. Nakashima: I am writing to confirm your telephone conversation with Mark Schwimme of this office on February 25, 1976, concerning tires that you export to the United States and to the Soviet Union.; I understand that you export tires from Japan to the Soviet Union, t be mounted on motorcycles that are in turn exported to the United States. Representatives of the motorcycle manufacturer have requested a certification that the tires comply with Federal Motor Vehicle Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars. You asked Mr. Schwimmer how to obtain such a certification from the Department of Transportation.; This Department does not certify or otherwise issue advance approval of motor vehicles, tires, or other motor vehicle equipment. Certification, under the applicable law and regulations, must be done by the manufacturer. The symbol 'DOT', molded in the tire sidewall by you, pursuant to S6.5(a), constitutes your certification that your product complies with all applicable Federal motor vehicle safety standards (i.e., in this case, Standard No. 119). If it is subsequently determined that your product does not comply with the standard, then the tires are subject to the notification and remedy provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended. The 'DOT' symbol on the sidewall may very well be the certification that your Soviet customer has in mind.; Please note that Section 110(e) of the National Traffic and Moto Vehicle Safety Act (15U.S.C. S1399(e)) requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his agent, upon whom service of all processes, orders, notices, decisions, and requirements may be made. Our records indicate that Inoue Rubber International Co., Ltd. has not complied with this requirement.; The procedural regulations (49 CFR 551.45) for designation of agen pursuant to the Act requires:; >>>(1) A certification by its maker that the designation is binding o Inoue Rubber International Co., Ltd. under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made,; (2) The full legal name, principal place of business and mailin address of Inoue Rubber International Co., Ltd.,; (3) Trade names or other designations of origin of the products o Inoue Rubber International Co., Ltd. that do not bear its legal name,; (4) A provision that the designation remain in effect until withdraw or replaced by Inoue Rubber International Co., Ltd.,; (5) A declaration of acceptance duly signed by the agent appointed which may be an individual, a firm, or a U.S. corporation, and; (6) The full legal name and address of the designated agent.<<< In addition, the designation must be signed by one with authority t appoint the agent, the signers name and title should be clearly indicated beneath his signature.; Copies of these regulations and of Standard No. 119 are enclosed fo your information and guidance.; Yours truly, Richard B. Dyson, Assistant Chief Counsel
ID: aiam5448 Open Ms. H. Kristie Jones, President P.J.'s Fabrication, Inc. P.O. Box 880 Stanfield, OR 97875; Ms. H. Kristie Jones President P.J.'s Fabrication Inc. P.O. Box 880 Stanfield OR 97875; "Dear Ms. Jones: This responds to your request for an interpretation o Federal Motor Vehicle Safety Standard No. 115, Vehicle Identification Number (VIN). You explained that P.J.'s Fabrication (P.J.), which manufactures trailers, entered into a contract with Coulson Commander Trailers (Coulson) to manufacture trailers that will be marketed under Coulson's name. Skip Jones of your company has told Dorothy Nakama of my staff that he does not believe Coulson has any manufacturing capability or that Coulson manufactures trailers. You ask whether under Standard No. 115, P.J. assigns the VIN to the vehicles. The answer is yes. S4.1 of Standard No. 115 specifies that 'Each vehicle manufactured in one stage shall have a VIN that is assigned by the manufacturer.' The term 'manufacturer' is defined at 49 U.S.C. 30102(a)(5)(A) as a person 'manufacturing or assembling motor vehicles or motor vehicle equipment.' According to the information provided in your letter, P.J. fits this definition of a manufacturer. Moreover, you also state that 'P.J.'s accepts responsibility for warranty work and quality control to meet DOT specifications.' This statement indicates that P.J. is certifying the trailers' compliance with the Federal motor vehicle safety standards (FMVSS's), as a manfacturer must under our certification requirements. Accordingly, all the information presented to us indicates that P.J. is the trailer manufacturer, and it is therefore appropriate for P.J. to assign the VIN to the trailers. As noted above, you indicate that P.J. is certifying the trailers' compliance with all applicable FMVSS's. Since FMVSS No. 115 applies to the trailers and requires each new trailer to have a VIN, P.J. must assign a VIN to the vehicle in order to correctly certify that the vehicle meets the FMVSS's (namely, FMVSS No. 115). In other words, since the FMVSS's require a VIN, the trailers must have a VIN by the time P.J. certifies the vehicles as complying with the FMVSS's. You also asked which company issues the manufacturer's statement of origin (MSO), that your letter referred to as the 'Certificate of Origin.' Since MSOs are regulated by state law, for information about each state's requirements, you must contact the state's department of motor vehicles. A source of information about each state's requirements is the American Association of Motor Vehicle Administrators (AAMVA), 4600 Wilson Blvd., Suite 1000, Arlington, Virginia 22203. The telephone number for the AAMVA is (703) 522-4200. I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel";
ID: aiam2677 Open Mr. James Tydings, Thomas Built Buses, Inc., 1408 Courtesy Road, P.O. Box 2450, High Point, NC 27261; Mr. James Tydings Thomas Built Buses Inc. 1408 Courtesy Road P.O. Box 2450 High Point NC 27261; Dear Mr. Tydings: This responds to your September 15, 1977, letter asking severa questions pertaining to Standard No. 222, School Bus Passenger Seating and Crash Protection, and Standard No. 217, Bus Window Retention and Release.; You first ask whether side-facing seats installed in school buses fo purposes of transporting handicapped or convalescent passengers are exempted from the requirements of Standard No. 222. The answer to your question is yes. these seats are not considered school bus seats' as that term is defined in S4 of the standard. The remaining forward-facing seats installed in the same bus, however, would be required to comply with all of the requirements of the standard.; In a related matter, you ask what your responsibility would be should non-handicapped passenger use a handicapped passenger seat. The National Highway Traffic Safety Administration (NHTSA) realized when it adopted the limited seating exception applicable to seats for the handicapped that these seats might on occasion be used by non-handicapped passengers. The agency is continuing to study such problems in order to ensure that buses designed to accommodate handicapped passengers provide a sufficient level of safety for all individuals they routinely transport. Standard No. 222 does not place a responsibility upon school bus users to permit only handicapped students to sit in side-facing seats. Of course, any passenger seated in such a seat will not benefit from the protection provided by forward-facing seats that meet the requirements of the Federal standard.; In a final question, you ask whether the position of a wheelchair i close proximity to the rear emergency exit of a bus would violate S5.4.2.1(a) of Standard No. 217. The NHTSA will measure the opening using the described parallelepiped device as the vehicle is constructed in its unloaded condition. Since the wheelchair would not be present when the vehicle was in its unloaded condition, your location of the wheelchair would not violate the standard.; Sincerely, Joseph J. Levin, Jr., Chief Counsel
ID: aiam3965 Open Mr. Tom Cooney, Executive Editor, Tire Review, 11 South Forge Street, Akron, Ohio 44304; Mr. Tom Cooney Executive Editor Tire Review 11 South Forge Street Akron Ohio 44304; Dear Mr. Cooney: This responds to your letter to Mr. Steve Kratzke of my staff, askin several questions about the removal of the DOT numbers from the sidewall of tires. In a February 5, 1985 telephone conversation with Mr. Kratzke, you stated that the answers to all of your questions except number 7 should address the situation only for tire dealers and distributors. With that limitation, I have set forth below the answers to each of your questions in the order presented in your letter.; 1. Under what circumstances, if any, may a DOT number be removed fro a passenger car tire?; There are no circumstances in which a tire dealer or distributor ca legally remove a DOT number from a passenger car tire. It is unclear when you refer to a 'DOT number' whether you are referring to just the tire identification number required to be on every new and retreaded tire by 49 CFR Part 574, or that identification number together with the DOT symbol. The DOT symbol is required to appear on all new tires for highway use and retreaded passenger car tires as a certification by the manufacturer or retreader that the tire fully complies with the applicable Federal safety standard.; In any case, Standard No. 109, New pneumatic tires - passenger cars (49 CFR S571.109) applies to all new pneumatic tires for use on passenger cars manufactured after 1948. Section S4.3.1 requires that the symbol DOT be on the tire, and section S4.3.1 requires that the tire identification number be on the tire. Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397 (a)(2)(A)) specifies '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 an...item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard...' By removing the DOT identification number, a dealer or distributor would be knowingly rendering inoperative an element of design on the tire which is included on the tire in compliance with Standard No. 109. Section 109 of the Safety Act (15 U.S.C. 1398) specifies a penalty of up to $1000 for each violation of Section 108. This agency would consider each tire from which the DOT number had been removed to be a separate violation.; 2. If the answer to question 1 is none, is there any situation in which a passenger car tire can b sold for farm or off- road use provided that the DOT number has been removed?; There is no situation in which a passenger car tire with the DOT numbe removed can be sold for any purpose. Section S6 of Standard No. 109 reads as follows:; S6 Nonconforming tires. No tire that is designed for use on passenge cars and manufactured on or after October 1, 1972, but does not conform to all the requirements of this standard, shall be sold, offered for sale, introduced or delivered for introduction into interstate commerce, or imported into the United States, for any purpose.; A passenger car tire without the DOT number does not conform to al requirements of the standard, so its sale for any purpose is expressly prohibited. A violation of this section would subject the seller to a potential penalty of up to $1000 for each nonconforming tire sold.; 3. Under what circumstances can tires for use on motor vehicles othe than passenger cars have the DOT number removed and the tires sold for off-road or farm use only?; This is really a two part question. Again, there are no circumstance in which a tire dealer or distributor can legally remove the DOT number from these tires. Standard No. 119, New pneumatic tires for motor vehicles other than passenger cars (49 CFR 571.119) applies to these tires. Section S6.5(a) requires the DOT symbol to be on those tires, while section S6.5(b) requires the tire identification number to be on the tires. Section 108(a)(2)(A) of the Safety Act prohibits tire dealers and distributors for removing those symbols from the tire, and the penalty for removing those symbols is up to $1000 for every tire from which the symbols are removed.; Section 108(a)(2)(A) also prohibits manufacturers from removing DO numbers from tires and then selling the tires to distributors as tires for off-road use. It is theoretically possible that a tire dealer or distributor could acquire a small quantity of tires from which the DOT number had been removed by a party other than a manufacturer, distributor, dealer, or motor vehicle repair business. Assuming that a tire dealer or distributor did acquire some of these tires from which the DOT number had been removed, the tires could be sold for off-road use only. This is because Standard No. 119 has no comparable provision to section S6 of Standard No. 109. However, these tires may never legally be sold for used on the public roads (15 U.S.C. 1397(a)(1)(A)). A tire dealer or distributor who acquires tires from which the DOT number has been removed would be well advised to have some written statement to that effect on the sales slip. The purpose of such statement would be to prove that it was not the tire dealer or distributor who removed those numbers. When selling these tires for off-road use, the dealer or distributor should have some means of proving that he or she sold these tires with the caveat that they could only be used off-road. Either of your suggestions in question 4 (noting off-road use only on the sales slip or having the customer sign a document that the tires will only be used off-road) would be helpful for the dealer or distributor.; 4. If a tire can be sold as described in Question 3, what must a tir distributer or dealer do to sell a tire?; As noted above, either of your suggestions would be helpful for th dealer or distributor selling tires exclusively for off-road use. What the dealer must be able to do when selling these tires is show that he or she was not selling tires which do not comply with Standard No. 119 for use on the public roads.; 5. If a tire in Question 4 is sold with no-highway use intended an the customer uses it on the highway, will the tire dealer or distributor be held in violation of the provision provided he met the requirements for noting that the tire was sold for non-highway use only?; If a tire dealer or distributor can show that he or she did not remov the DOT numbers from the tires and that he or she sold the tires with the express understanding that the tires could not be used on the public roads, the dealer or distributor would not have violated any Federal requirements.; 6. Is it possible that if the tire in Question 5 fails on the highwa and causes property or personal injury as a result that the tire dealer or distributor could be held liable for the damages or injuries? Even if he did not mount the tire on a rim for the customer? This is a question of state law, which I cannot answer. However, I can say that it would be helpful for the dealer or distributor to have some proof that the customer was clearly told that these tires did not comply with the applicable Federal safety standard and could not be used on the public roads.; 7. Who, if anyone, is allowed to remove DOT numbers? a) A tire manufacturer may remove DOT numbers from its tires, as a wa of showing those tires do not satisfy the applicable standard Once a manufacturer does this, this tires may not legally be sold.; b) A retreader may remove the DOT numbers on the casing he or she i retreading. The retreader is generally required to mark its own identification number on each tire it retreads.; c) Once a tire has been sold for purposes other than resale, any perso or entity, other than a manufacturer, distributor, dealer, or motor vehicle repair business, may remove any or all markings from the tire.; 8. If a retreader is allowed to remove DOT numbers, is he required t replace the removed number with his assigned DOT shop code number?; Generally speaking, the retreader is required to permanently mark tire identification number on the sidewall of each tire it retreads. 49 CFR 574.5 specifies: 'Each tire retreader...shall conspicuously label one sidewall of each tire he retreads by permanently molding or branding into or onto the sidewall...a tire identification number...' There are two minor exceptions to this provision. A tire retreader who retreads tires for his own use is not required to mark a tire identification number on those tires. Also tires which are retreaded exclusively for mileage contract purchasers are not required to bear the retreader's tire identification number if the tire contains the phrase 'for mileage contract use only' molded into or onto the tire sidewall. In all other instances, a retreader must mark its tire identification number on each tire it retreads.; 9. Tire definition: since many tire sizes and styles are use interchangeably from passenger cars to light trucks and vans, especially mini-vans, how will the DOT decide whether Standard No. 109 or 119 applies to a case of DOT number removal and subsequent sale for off-road use?; In the process of certifying their tires, manufacturers indicat whether that tire size is designated primarily for use on passenger cars or primarily for use on light trucks and multipurpose passenger vehicles (vans). This is occasionally done by an individual manufacturer for a particular tire size, but is most often done through the publications of standardization organizations. (A standardization organization is a voluntary association composed of representatives of each of the member tire companies. The purpose of these standardization organization is to establish and promulgate sound engineering standards for tires, rims, and their allied parts.) The agency uses these listings to determine whether a tire is certified for compliance with Standard No. 109 or No. 119. If you have any questions about particular tire sizes, you may wish to contact the American standardization organization, The Tire an Rim Association, at 3200 West Market Street, Akron, Ohio 44313.; 10. Since DOT requires certain information to appear on the sidewal of the tire, whether passenger car or other type, what, if anything can be removed from the sidewall?; A tire dealer or distributor can never legally remove any of th required information from the sidewall of tires. In the case of passenger car tires, the following information is required to appear on the sidewall: The size designation, maximum permissible inflation pressure, maximum load rating, the generic name of each cord material used in the plies of the tire, the actual number of plies in the sidewall and in the tread, the words 'tubeless' or 'tube type', the word 'radial' if the tire is a radial tire, the DOT symbol, the name of the manufacturer or the brand name, and the identification number. In the case of tires for use on motor vehicles other than passenger cars, the following information is required to appear on the sidewall: the DOT symbol, the tire identification number, the tire size designation, the maximum load rating and corresponding inflation pressure, the speed restriction of the tire if 55 mph or less, the actual number of plies and the composition of the ply cord material in the sidewall and in the tread, the word 'tubeless' or tube type', the word 'regroovable' if the tire is designed for regrooving, the word 'radial if the tire is a radial tire, and the letter designating the load range of the tire. Removal of any of these required items of information by a tire dealer or distributor would be a violation of section 108(a)(2)(A) of the Safety Act, as explained above in my answer to Question 1.; 11. a.If a dealer is removing DOT numbers from tires then sellin those tires to a distributor who sells them to another dealer for resale to the customer, who is in violation of the Federal requirements?; The answer to this question depends on whether the tires are for use o passenger cars or other motor vehicles. If the tires are passenger car tires, both dealers and the distributor have violated Federal requirements. The dealer removing the DOT numbers has violated Section 108(a)(2)(A) of the Safety Act, as explained in the answer to Question 1 above. The distributor and dealer selling tires which do not comply with the requirements of Standard No. 109 have violated section 108(a)(1)(A) of the Safety Act, as explained in the answer to Question 11.b below.; If the tires are for other motor vehicles, the dealer removing the DO numbers has violated section 108(a)(2)(A) of the safety Act. If the tire distributor and the dealer selling the tires to a customer can show that neither one removed the DOT numbers and that the tires were sold with the express understanding that they could not be used on the public roads, neither has violated any Federal requirement.; b. If a customer buys tires with no DOT number and takes them t another dealer for mounting on his car, is that dealer in violation of Federal requirement because he mounted the tires, even though he did not sell them?; Since this question deals with passenger car tires, a dealer mountin tires without DOT number would be in violation of Federal law. Section 1089a)(1)(A) of the Safety Act specifies, ' No person shall manufacture for sale, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the Unite States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard...' A tire is an item of motor vehicle equipment, and a passenger car tire without DOT numbers is not in compliance with Standard No. 109. We have stated in previous interpretations that the use of noncomplying tires on pubic roads is an introduction of those tires in interstate commerce, and therefore a violation of this provision of the law. A dealer mounting noncomplying tires on a passenger car would also be considered to be introducing those tires into interstate commerce, and, therefore, also in violation of this provision.; 12. Please sum up the intent of Standards No. 109 and 119 and indicat if the tire dealer or distributor has an obligation to report to DOT any tire dealer who is removing DOT number and/or other required sidewall information and then selling these tires. Also indicate how this would be done and what steps would follow?; Standards No. 109 and 119 are intended to provide the tires purchase with necessary information for the safe operation of those tires on the purchaser's vehicle. Tire dealers and distributors cannot remove this information from the sidewall of the tires.; A tire dealer or distributor does not have a legal obligation to repor violations of these requirements, although we would appreciate if they did so. NHTSA prefers reports of violation to be in writing and addressed to: NHTSA, Office of Vehicle Safety Compliance, 400 Seventh Street, S.W., Washington, DC 20590. If for some reason the report cannot be made in writing, a person who suspects a violation of the requirements should telephone Mr. James Gilkey at (202) 426- 2834. When the agency learns of a violation, normal enforcement procedures are begun. First, the agency investigates to see if the allegations of violations are true. If the investigation concludes that there are violations, proceedings to collect the civil penalties are instituted against the violator. As noted above, a tire dealer or distributor removing DOT number from tires would face penalties of up to a maximum of $800,000 if the dealer or distributor had removed the DOT number for 800 or more tires.; If you have any further questions on this subject please contact Mr Kratzke a the above address or by telephone at (202) 426-2992.; Sincerely, Jeffrey R. Miller, Chief Counsel
ID: aiam1958 Open Honorable G. William Whitehurst, House of Representatives, Washington, DC 20515; Honorable G. William Whitehurst House of Representatives Washington DC 20515; Dear Mr. Whitehurst: A reply to your inquiry of June 5, 1975, concerning grade labellin regulations for new passenger car tires was transmitted to you on June 13 by Mr. James H. Cromwell of the Department of Transportation. Mr. Cromwell also referred your inquiry to me for additional comments.; As you are undoubtedly aware, the original impetus for th establishment of a uniform quality grading system for motor vehicle tires was provided by the National Traffic and Motor Vehicle Safety Act of 1966, which established this agency. The Congress, cognizant of the problems which beset the consumer when he attempts to make an informed choice of motor vehicle tires based on the relative merits of tire brands, included a specific Section 203 in the aforementioned Safety Act of 1966 which states that, 'In order to assist the consumer to make an informed choice in the purchase of motor vehicle tires . . .the Secretary shall . . . prescribe by order, and publish in the 'Federal Register, a uniform quality grading system for motor vehicle tires.'; The benefits of such a system, while difficult to quantify, represen an enormous potential since some 200,000,000 motor vehicle tires are produced per year and are presently sold to consumers without adequate quantitative measures of their performance. It is expected that, by facilitating increased and more meaningful competition, the quality grading information will enable the tire consumer to obtain more value per dollar than he has in the past. The rule will enable the consumer to judge relative tire performance from a simple grading system, and thereby select a tire which provides him with the optimum solution to his driving needs.; For your review and information, I am enclosing a copy of the Unifor Tire Quality Grading Standards (UTQGS) which was issued in the Federal Register* dated May 28, 1975. The rule provides quantitative grading measures for three important tire properties -- i.e., treadwear, traction, and temperature resistance.; I trust the above information satisfies your needs. Should you have an further questions, I shall be glad to attempt to provide answers.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs;
ID: aiam4609 Open Mr. H. Hasegawa Automotive Lighting Engineering Control Section Stanley Electric Co. Ltd.; Mr. H. Hasegawa Automotive Lighting Engineering Control Section Stanley Electric Co. Ltd.; FAX 03-792-0007 (Japan) Dear Mr. Hasegawa: This is in reply to your FA letter of May 22, l989, to Richard Van Iderstine of this agency. You have two questions with respect to the amendment to Standard No. l08 published on May 9, l989 (Docket No. 85-15, Notice 8). Your first question is the effective date of paragraph S7.7.5.1.(a), which you point out was not previously a requirement of Standard No. l08. You suggest the need for a delayed effective date (but give no reason why one may be needed). Paragraph S7.7.5.1(a) will be effective June 8, l989. Although the requirement is a new one (the restriction on motion of a headlamp when an external aiming device is applied to it), it was proposed as part of the December 29, l987 NPRM, and no comments received indicated a need for a delayed effective date. Your supposition is correct, S7.5.5.1 will apply to all headlamps with an external aiming system, including those incorporating replaceable bulbs. Your second question relates to paragraph S7.7.5.l(b), and you ask 'whether the requirement of '0.1 in. max.' will be determined, either during the test or after the test'. In pertinent part, subsection (b) states 'nor shall the lamp recede more than 0.1 in. (2.5 mm) after being subjected to an inward force....' This means that the measurement is determined after the test. Sincerely, Stephen P. Wood Acting Chief Counsel /;
ID: aiam3436 Open Mr. J. E. Bingham, British Standards Institution, Maylands Avenue, Hemel Hempstead, Herts HP2 4QS, England; Mr. J. E. Bingham British Standards Institution Maylands Avenue Hemel Hempstead Herts HP2 4QS England; Dear Mr. Bingham: This responds to your letter of June 8, 1981, concerning Standard No 209, Seat Belt Assemblies. You are correct that my letter of June 1, 1981, on the abrasion test procedure of the standard should have referred to section 5.1(d), instead of to section 5.2(d).; You also suggested that in the process of clarifying the standard' abrasion requirements, the agency should consider possible modifications to sections 4.2(e) and (f) of the standard. In the process of reviewing the abrasion test requirements, the agency will also examine those other sections to determine what changes should be made.; Finally, you raised the issue of whether the standard, as with othe national and international standards, should have a requirement that conditioned webbing must retain a certain percentage of its unconditioned strength and must also meet the minimum strength requirement for unconditioned webbing. The agency is not aware of any data indicating that our current conditioned strength requirements are insufficient.; Sincerely, Frank Berndt, Chief Counsel
ID: aiam4259 Open Frank E. McCarthy, Executive Vice-President, National Automobile Dealers Association, 8400 Westpark Drive, McLean, VA 22101; Frank E. McCarthy Executive Vice-President National Automobile Dealers Association 8400 Westpark Drive McLean VA 22101; Dear Mr. McCarthy: It has come to our attention that a recent Alabama Supreme Cour decision has led some dealers to question the appropriate certification to make when issuing odometer disclosure statements. Although we have not received any inquiries from your members at this time, we have been contacted by others in the industry. The purpose of this letter is to advise you of the National Highway Traffic Safety Administration's position concerning the certifications to be made on odometer disclosure statements.; Congress found that purchasers rely on mileage as an indicator of th value and condition of vehicles and enacted Title IV of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. S1981 et seq. Section 1988(a) of the Act requires the Secretary of Transportation to prescribe rules requiring any transferor to give a written disclosure (1) of the cumulative mileage registered on the odometer or (2) that the actual mileage is unknown, if the odometer reading is know to the transferor to be different from the number of miles the vehicle has actually travelled. To carry out this mandate, Federal regulation 49 C.F.R. Part 580 was promulgated. Furthermore, Section 1988(a) states that no transferor shall violate any rule prescribed under the section or give a false statement to a transferee in making any disclosure required by such rule.; A Senate report interprets Section 1988 as placing duty on auto dealer to alert purchasers of irregularities in odometers when, in the exercise of reasonable care, they would have reason to know the odometer reading is inaccurate. S. Rep. No. 92-413, (92nd Cong., 2nd Sess.), 1972 U.S. Code Cong. & Ad. News 3971-3972. If a purchaser receives an odometer statement in which his transferor certified that the odometer reading does not reflect the actual mileage and should not be relied upon, that purchaser, when selling the vehicle, should certify the same. However, if a purchaser receives an odometer statement in which his transferor certified that to the best of his knowledge the odometer reading reflects the actual mileage the vehicle has been driven, and he has no reasonable suspicion that the reading is inaccurate, when selling the vehicle, he should not certify that the reading is inaccurate. If transferors certify the reading as inaccurate in the latter situation, it is the position of the National Highway Traffic Safety Administration that they violate the regulations prescribed under Section 1988, 49 C.F.R. S580.4.; The Federal regulations provide for the inclusion of two sets o certifications on odometer disclosure statements. If the dealers truly wish to insulate themselves from liability when they have a reasonable suspicion that the mileage on the odometer has been altered, they should certify that the reading is not accurate, and check the third statement in the first set of certifications. However, none of the three statements in the second set covers a situation where a transferor suspects that an odometer reading is inaccurate, but the odometer was not altered, set back or disconnected in his possession. The Agency allows a transferor to check the first statement and cross out the lines which read, 'and I have no knowledge of anyone else doing so' provided that though crossed out it can still be read. Alternatively, we have no objection to a transferor writing and checking a fourth statement which would read:; >>>I hereby certify that the odometer of said vehicle was not altered set back, or disconnected while in my possession.; <<
ID: aiam3066 Open Mr. D. J. Arneson, Box 141, Southbury, CT 06488; Mr. D. J. Arneson Box 141 Southbury CT 06488; Dear Mr. Arneson: This is in reply to your letter of June 27, 1979, which inquire whether there are any regulations governing the installation of a propane-fueled engine, or the conversion of a gasoline-fueled engine to a propane-fueled engine, in vehicles registered for use on Federal, State, and local highways.; To date, the National Highway Traffic Safety Administration (NHTSA) ha not exercised its authority pursuant to the National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1381 et seq.) (the Act), to issue a safety standard applicable to propane-powered vehicles. Federal Motor Vehicle Safety Standard No. 301-75, Fuel System Integrity, applies only to vehicles which use fuel with a boiling point above 32 degrees F., and propane has a boiling point well below this temperature. Despite the absence of safety standards specifically applicable to propane-powered engines, however, an installer of these systems may be subject to other Federal requirements.; Under NHTSA safety regulations, a person who alters a new vehicle prio to its first purchase in good faith for purposes other than resale is required to attach an additional label to the vehicle certifying that, as altered, the vehicle remains in compliance with all applicable safety standards (49 CFR 567.7). This requirement would apply to a person who alters a new vehicle to install a propane fuel system. (See the enclosed pamphlet listing the Federal motor vehicle safety standards and an information sheet explaining where to obtain copies of the standards.) Additionally, should a noncompliance or safety-related defect be discovered in such a vehicle, as a result of the modification, the alterer could be liable for a civil penalty unless he or she could establish that he or she did not have actual knowledge of the noncompliance and that he or she did not have reason to know in the exercise of due care that the vehicle did not comply. (Section 108(b)(2)) Defects in the propane-fueled engines or in components used for converting a gasoline-fueled engine would be the responsibility of their manufacturers, regardless of whether they were installed in new or used vehicles. Upon discovery of a safety-related defect by either the Secretary of Transportation, the NHTSA Administrator or the manufacturer himself, the manufacturer would be required to notify vehicle owners, purchasers, and dealers and provide a remedy for the defect.; A person who installs a propane- fueled engine or converts th gasoline-fueled engine in a used vehicle is not required to affix an alterer's label. However, if that person is a manufacturer, distributor, dealer, or motor vehicle repair business, he must not in the course of installing the propane components knowingly render inoperative any device or element of design originally installed in the vehicle in compliance with applicable Federal motor vehicle safety standards. (Section 108(a)(2)(A) of the Act); I hope that you will find this response helpful and have not bee inconvenienced by our delay in sending it to you.; Sincerely, Frank Berndt, Chief Counsel

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