NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
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ID: aiam2231OpenMr. Mori Nakashima, Inoue Rubber International Co., Ltd., 301 Mill Rd., P.O. Box 396, Hewlett, NY 11557; Mr. Mori Nakashima Inoue Rubber International Co. Ltd. 301 Mill Rd. P.O. Box 396 Hewlett NY 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 (15 U.S.C. S 1399(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 require:; >>>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 mailing addres of Inoue Rubber International Co., Ltd.,; 3. Trade names, or other designation of origin of the products of Inou Rubber International Co., Ltd. that do not bear its legal name,; 4. A provision that the designation shall remain in effect unti withdrawn 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 signer's 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 |
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ID: aiam3709OpenMr. C. J. Johnson, Manager, Product Reliability, The BF Goodrich Company, Tire Group, 500 South Main Street, Akron, OH 44318; Mr. C. J. Johnson Manager Product Reliability The BF Goodrich Company Tire Group 500 South Main Street Akron OH 44318; Dear Mr. Johnson: This is in response to your May 12, 1983 letter regarding the tir sidewall molding requirements of the Uniform Tire Quality Grading Standards. In that letter you indicated that, acting in reliance on statements by a NHTSA employee, your company modified certain new tire molds by deleting the numerical treadwear grade from the sidewall label, but leaving the word 'TREADWEAR' in place. NHTSA subsequently stated, in a letter to Toyo Tire Company, that if the sidewall molded label is modified, both the numerical grade and the word 'TREADWEAR' should be deleted. You also indicated that BF Goodrich is now in the process of modifying the molds again to delete the word 'TREADWEAR'.; In light of your good faith reliance on agency statements and you current efforts to conform to the policy stated in our letter to Toyo Tire Company, NHTSA will take no enforcement action regarding sidewall molding requirements for tires produced through the completion of the mold modification process.; For future reference, please be aware formal interpretations of lega requirements are issued only by this office and only in writing. To obtain an interpretation upon which reliance can be placed for purposes of making business decisions, you should direct a letter of inquiry to the Chief Counsel's Office.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1734OpenMr. Bob Baxter, Chief Engineer, Transportation Products Division, The Binkley Company, Warrenton, MO 63383; Mr. Bob Baxter Chief Engineer Transportation Products Division The Binkley Company Warrenton MO 63383; Dear Mr. Baxter: This responds to your December 9, 1974, question whether the Binkle modular home transporter qualifies as a 'Heavy hauler trailer' which is not subject to the requirements of Standard No. 121, *Air brake systems*, until September 1, 1976. 'Heavy hauler trailer' is defined in S4. of the standard as follows:; >>>'Heavy hauler trailer' means a trailer with one or more of th following characteristics:; (1) Its brake lines are designed to adapt to separation or extension o the vehicle frame, or; (2) Its body consists only of a platform whose primary cargo-carryin surface is not more than 40 inches above the ground in an unloaded condition, except that it may include sides that are designed to be easily removable and a permanent 'front-end structure' as that term is used in S 393.106 of this title.<<<; From the description you enclosed, it appears that the trailer has primary cargo-carrying surface that is not more than 40 inches above the ground in the unloaded condition, and that it would therefore not be required to meet the standard until September 1, 1976.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam0826OpenMr. Gorou Utsunomiya, Chief, Liaison Engineer In U.S.A., Toyo Kogyo Co., Ltd., Detroit Office, 23777 Greenfield Road, Suite 462, Southfield, MI 48075; Mr. Gorou Utsunomiya Chief Liaison Engineer In U.S.A. Toyo Kogyo Co. Ltd. Detroit Office 23777 Greenfield Road Suite 462 Southfield MI 48075; Dear Mr. Utsunomiya: This is in reply to your letter of August 8, 1972, on the subject o the location of the anchorages for passive belt systems. We understand from your letter that you are considering using a door-mounted anchorage for your system, but we are uncertain as to the nature of your difficulties with Standard No. 210.; The standard does not prohibit door-mounted anchorages. If an anchorag can be placed on the door so that it directs the belt across the occupant at the angle specified in the standard, and if it also meets the strength requirements, then it would be considered to conform to the standard. It may be that the anchorage you are considering fails to provide the correct belt angle.; At this time there is no exemption provided for passive belts from th belt angle requirements of Standard No. 210. If you wish to petition for rulemaking to amend the requirements for passive belts, you should accompany your petition with full information concerning the system and the advantages of the proposed anchorage locations.; Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4536OpenMr. J. Mark Smith Lynco Products 815 Kelli Drive Yuba City, CA 95991; Mr. J. Mark Smith Lynco Products 815 Kelli Drive Yuba City CA 95991; "Dear Mr. Smith: This responds to your letter concerning th application of Federal safety standards to your manufacture of a 'storage console-armrest.' I regret the delay in responding. The illustration you included in your letter shows that the console apparatus is designed to be placed on a bench seat and is not attached in any manner to the seat structure. The console-armrest has a wood frame, is entirely covered with fabric, and has a hinged, padded top which can be flipped open for access to the storage area. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our Federal motor vehicle safety standards. Instead, under the National Traffic and Motor Vehicle Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information provided in your letter. There is currently no Federal motor vehicle safety standard that is directly applicable to a removable console-armrest sold directly to a consumer as an item of 'aftermarket' equipment. However, under Federal law you are considered a manufacturer of motor vehicle equipment, and are therefore subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your products contain a safety related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Safety Standard No. 201, Occupant Protection in Interior Impact, and No. 302, Flammability of Interior Materials, apply to new completed motor vehicles and set performance requirements for consoles and armrests installed on new motor vehicles prior to the vehicle's first sale to a consumer. While these standards do not apply directly to a console-armrest sold only as aftermarket equipment, installation of your product on both new and used vehicles may give rise to certain responsibilities on the part of any commercial business making the installation. A manufacturer of a new vehicle installing your product on the vehicle prior to the vehicle's first sale to a consumer would be required to certify that the vehicle complies with all applicable Federal motor vehicle safety standards, including Standard No. 201. Paragraph S3.3 of the standard requires interior compartment door assemblies located in a console assembly to remain closed under certain test conditions. The purpose of the requirement is to prevent a door from flying open and striking an occupant in a crash. The door in your console would have to meet this requirement if your product is installed on a new vehicle prior to the vehicle's first sale. Your product would also have to comply with Standard No. 201's requirements for armrests specified in paragraph S3.5 of the standard if your console-armrest is installed in a new motor vehicle prior to the vehicle's first sale to a consumer. Standard No. 302 specifies burn resistance requirements for certain vehicle components, including arm rests and compartment shelves. A vehicle manufacturer installing your product on a new vehicle would also have to ensure that the fabric on your console-armrest burns at a rate within the limits specified in the standard. I have enclosed copies of both Standards No. 302 and No. 201 for your information. Section 108(a)(2)(A) of the Safety Act specifies that no manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard. This means that none of the persons mentioned could install your product in a new or used vehicle if the installation would destroy the vehicle's compliance with applicable Federal safety standards. For example, the flammability resistance of the original vehicle is an element of design installed in a motor vehicle in compliance with Standard No. 302. Thus, a manufacturer, distributor, dealer or motor vehicle repair business could not install a console-armrest that does not comply with Standard No. 302 in a new or used motor vehicle since to do so would render inoperative that element of design, and thus violate 108(a)(2)(A) of the Act. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of 108. In summary, your console-armrests that are sold to motor vehicle owners as items of aftermarket equipment are not subject to any Federal motor vehicle safety standard. The console-armrest could be subject to Federal standards for occupant interior and flammability protection if it is installed on new vehicles prior to the vehicle's first sale. Commercial businesses are prohibited from installing the console-armrest on new or used vehicles if the result renders inoperative the compliance of requisite safety components or designs with Federal safety standards. Individual owners, however, are not covered by 108(a)(2)(A) and may themselves install your product in their vehicles without regard to the rendering inoperative prohibition of the Safety Act. To repeat, you as the equipment manufacturer would be obligated to recall and remedy your products that contain a defect related to motor vehicle safety, even if the console-armrest were installed by vehicle owners themselves. I hope this information has been helpful. Please feel free to contact us if you have further questions. Sincerely, Erika Z. Jones Chief Counsel Enclosures"; |
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ID: aiam3359OpenMr. J. Joe Ohashi, Assistant Manager, Kippondenso Sales, Inc., 21840 West Nine Mile Road, Southfield, Michigan 48075; Mr. J. Joe Ohashi Assistant Manager Kippondenso Sales Inc. 21840 West Nine Mile Road Southfield Michigan 48075; Dear Mr. Ohashi: This is in response to your letter of July 30, 1980, to Mr. John W Carson regarding the dimensions of pliers referred to in paragraph S5.1 of Federal Motor Vehicle Safety Standard No. 127, Speedometers and odometers.; The requirements for jaws 25.4mm or less as shown in your sketch o slip joint pliers applies to the dimensions labeled 'R.' The requirement for chain nose pliers with a nose length of 45 mm or less as shown in your sketch applies to dimension 'P.' The enclosed print of slip joint and chain nose pliers clarifies these requirements.; Sincerely, George L. Parker, Chief, Crash Avoidance Division, Vehicl Safety Standards; |
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ID: aiam1364OpenMr. Keitaro Nakajima, Director/General Manager, Factory Representative Office, Toyota Motor Sales, U.S.A., Inc., 1099 Wall Street, West, Lyndhurst, NJ 07071; Mr. Keitaro Nakajima Director/General Manager Factory Representative Office Toyota Motor Sales U.S.A. Inc. 1099 Wall Street West Lyndhurst NJ 07071; Dear Mr. Nakajima: This responds to your December 17, 1973, letter to the Administrator o the National Highway Traffic Safety Administration, asking whether a 'sling' attachment of the upper end of an upper torso restraint to the roof rail is subject to Standard 210's requirements for seat belt anchorage location.; The ring, webbing, and attachment hardware you describe functio together as a seat belt anchorage and as such are subject to the appropriate strength and location requirements of Standard 210. Because the location requirement of S4.3.2 is intended to strictly limit the placement of the fixed point from which a belt passes across an occupant's torso, and because the flexible portion of your sling anchorage duplicates the uninterrupted deployment of an upper torso restraint, only the fixed portion of such a sling anchorage would be subject to S4.3.2's location requirement.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4166OpenMr. Takeshi Tanuma, Nissan Research & Development, Inc., 3995 Research Park Drive, P.O. Box 8650, Ann Arbor, MI 48104; Mr. Takeshi Tanuma Nissan Research & Development Inc. 3995 Research Park Drive P.O. Box 8650 Ann Arbor MI 48104; Dear Mr. Tanuma: This responds to your letter of December 19, 1985, asking whether a antitheft device installed in all but a few cars of a particular car line would be considered 'standard equipment' under Title VI of the Motor Vehicle Information and Cost Savings Act. As explained below, the answer to your question is no.; You describe a situation in which 99.9 percent of 'A' model vehicle were equipped with an antitheft device in Model Year 1985. Specifically, your letter states that total sales in the United States for that model year were 101,854 vehicles. Of these, 101,758 vehicles were equipped with an antitheft device, the rest or 96 vehicles, which were shipped to Hawaii, Guam, and Saipan as rental cars, were not equipped with an antitheft device. You state that you expect 99.9 percent of 'A' model cars to be equipped with an antitheft device in Model Year 1987 and ask if, under these circumstances, the antitheft device can be considered standard equipment.; Under section 605(a) of the Motor Vehicle Information and Cost Saving Act, any manufacturer may petition this agency for an exemption from the vehicle theft prevention standard for any 'line or lines of passenger motor vehicles which are equipped as standard equipment with an antitheft device' which the agency determines is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the standard. This section also defines 'standard equipment' as that installed at the time the vehicle is delivered from the manufacturer and which is not an accessory or other item which the first purchaser customarily has the option to have installed.; As interpreted by this agency, 'standard equipment' refers to antithef devices that are provided without extra charge on all vehicles of a particular line which are introduced into the United States or imported and which are not intended solely for export and exported. Since the antitheft device in your example would not be installed in all model 'A' cars imported into the United States, the agency concludes that the device would not be standard equipment within the meaning of section 605.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam0125OpenMr. D. W. Nurse, President, Heath Company, Benton Harbor, MI 49022; Mr. D. W. Nurse President Heath Company Benton Harbor MI 49022; Dear Mr. Nurse: This is in response to your letter of November 13 with regard to th applicability of Federal motor vehicle safety standards to the GT-18 Trail Bike kit, and the 'Boonie-Bike' assembled from it.; I am unable to tell from your letter the exact nature and use of th Boonie-Bike but I will assume that it is an off-the-road special purpose motorcycle designed for recreational use. Such a machine is a 'motor vehicle' for purposes of the National Traffic and Motor Vehicle Safety Act of 1966 since, like a multipurpose passenger vehicle, it is equipped with special features for off-road use but is capable of being operated both on and off the public roads. Thus it is not correct to say that trail bikes have not been considered motor vehicles in the past. The interpretation to which you refer, incidentally, if it appears, will be directed toward the so-called 'mini-bikes'.; Accordingly, it is possible to confirm your understanding that: >>>'...for the purposes of the National Traffic and Motor Vehicl Safety Act of 1966, Heath's responsibility is limited to insuring that any kit item which it supplies to which a Federal Safety Standard is directly applicable (i.e., only glazing materials at the present time) shall meet such Safety Standards, and inasmuch as Heath does not build the kits or perform the actual conversion, it is not a manufacturer of motor vehicles and consequently not responsible for the entire assembled product.'<<<; Since a Boonie-Bike is equipped with a '5-brake horse power Briggs an Stratton 4-cycle engine' it is sub-classified as a 'motor-driven cycle' which is defined as 'a motorcycle with a motor that produces 5-brake horsepower or less'.; As you infer Federal Standard 108 will apply to motorcycle manufactured or assembled on or after January 1, 1969. Motorcycles are required to be manufactured with one white headlamp in accordance with SAE Standard J584 (Motorcycle and Motor Driven Cycle Headlamps). This SAE Standard allows a motor driven cycle to be assembled with either a single or multiple beam headlamp. Consequently a motor driven cycle assembled with a single beam headlamp is not subject to paragraphs S3.4.1 and S3.4.2 of Federal Standard No. 108 requiring provision of a headlamp beam switch and indicator.; I hope this answers your questions. Sincerely, Robert M. O'Mahoney, Assistant Chief Counsel for Regulations |
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ID: aiam2118OpenMr. LeRoy E. Mueller, President, Wisconsin Trailer Co., Inc., Richfield, WI 53076; Mr. LeRoy E. Mueller President Wisconsin Trailer Co. Inc. Richfield WI 53076; Dear Mr. Mueller: The Federal Highway Administration's Bureau of Motor Carrier Safety ha forwarded to the National Highway Traffic Safety Administration (NHTSA) your September 17, 1975, petition to establish a ruling that trailers with a gross vehicle weight rating (GVWR) of 50 tons or less are required to establish load-carrying capacity at a speed of 50 mph. Heavier trailers would be required to display signs of their maximum rated speed if less than 50 mph.; The NHTSA has already issued a ruling in this area, a copy of which i enclosed for your information. It requires that the Gross Axle Weight Rating (GAWR) and GVWR on the vehicle certification plate be calculated on the basis of the vehicle's maximum attainable speed, or 60 mph, whichever is lower.; The NHTSA is also considering rulemaking to amend the definition o GAWR in conformity with this interpretation. Your letter will be considered as a comment on this rulemaking.; Sincerely, Frank Berndt, 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.