NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
| Interpretations | Date |
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ID: aiam3434OpenMr. W. D. Smith,, Acting Chief of Staff, United States Marine Corps, Marine Corps Logistics Base, Barstow, CA 92311; Mr. W. D. Smith Acting Chief of Staff United States Marine Corps Marine Corps Logistics Base Barstow CA 92311; Dear Mr. Smith: Your letter of June 23, 1981 was forwarded to this office for reply. The National Highway Traffic Safety Administration (NHTSA) has issued number of Federal Motor Vehicle Safety Standards (FMVSS) that are mandatory under the National Traffic and Motor Vehicle Safety Act for all motor vehicles operated on public streets and highways. Included in those FMVSS are some that specifically apply to vehicles classified by the manufacturer as school buses. The vehicle manufacturer's certification label, generally on the door pillar, or the door, or in the driver's compartment, identifies this classification of the vehicle (TYPE) and the date of manufacture, this information in turn identifies the FMVSS that are applicable to the vehicle. These FMVSS pre-empt all state standards that apply to the same area of performance or component and require that the state standard shall be identical with the FMVSS.; Under the provisions of the Highway Safety Act the NHTSA has als issued, eighteen Highway Safety Program Standards (HSPS). Number 17 of this group applies to Pupil Transportation Safety. A copy of the 18 HSPS is enclosed for your information and there are also more detailed manuals available for guidance. These 18 HSPS are not mandatory for Federal requirements and are for the purpose of providing uniform guidelines for the states to develop their own standards. Where a state has developed its own standards from such guidelines or as its needs may require, the state is fully in control of its laws and enforcement that is applicable. The color used for school buses, as an example, can be a mandatory state law requirement. Laws concerning the transportation of school children on California streets and highways are also the state's responsibility.; We have also enclosed a current copy of the three Acts administered b the NHTSA and a leaflet indicating where the detailed FMVSS can be obtained. A booklet briefly summarizing some of the FMVSS and Motor Vehicle Regulations is also enclosed.; We have forwarded your letter, plus the attachments of CH correspondence, to our office of Chief Counsel in Washington D.C. for their review and comment concerning exemptions or pre-emptions.; Joseph F. Zemaitis |
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ID: aiam1059OpenMr. Norman E. Salzman, General Manager, Fairmount Press, 1995 Jerome Avenue, Bronx, NY 10453; Mr. Norman E. Salzman General Manager Fairmount Press 1995 Jerome Avenue Bronx NY 10453; Dear Mr. Salzman: This is in reply to your recent letter concerning the use of a rubbe stamp referencing the Federal odometer law on bills of sale applicable to more than one vehicle.; It is our position that a bill of sale may be used to satisfy th odometer disclosure requirements, so long as it contains the information required by CFR 580.4. The rubber stamp whose impression you forwarded to us contains the initial paragraph of the form set out in section 580.6 of the regulation. It is therefore acceptable as a means of conforming the bill of sale to the disclosure requirements.; The regulations do not require a statement to be made separately fo each vehicle in a multi-vehicle transaction. So long as the identifying information specified in section 580.4 is provided with respect to each vehicle, and the odometer mileage for each vehicle is given, a single introductory statement in the form specified in section 580.6 will be sufficient to comply with the Federal requirements as to each vehicle.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam3064OpenMr. Gerhard O. Waizmann, Porsche, 818 Sylvan Avenue, Englewood Cliffs, NJ 07632; Mr. Gerhard O. Waizmann Porsche 818 Sylvan Avenue Englewood Cliffs NJ 07632; Dear Mr. Waizmann:#This is in response to your letter of May 25, 1979 requesting clarification of Federal Motor Vehicle Safety Standard No. 101- 80, *Controls and Displays*. You asked whether the rear window defogger switch, which emits a dim light for control location and a brighter light upon activation, is considered a control or a telltale.#Although the switch might be regarded as a control, telltale, or both, it is regulated as a control insofar as its illumination is concerned. Therefore, its illumination must be continuously variable as specified in S5.3.3 of the standard.#S5.3.3 provides that#>>>Each passenger car...manufactured with any control listed in S5.1 or in column 1 of Table 1, and each passenger car...with any display listed in S5.1 or in column 1 of Table 2, shall meet the requirements of this standard for the location, identification, and illumination of such control or display.<<<#The rear window defrosting and defogging system appears in the control list of S5.1 and in Table 1, but not in the display list of S5.1 or in Table 2. Therefore, the control illumination requirements of S5 apply to the defogging switch and the display illumination requirements do not.#If you have any further questions, please do not hesitate to write.#Sincerely, Frank Berndt, Chief Counsel; |
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ID: aiam2225OpenMr. Clarence J. Baudhuin, 24040 Killion Street, Woodland Hills, CA 91364; Mr. Clarence J. Baudhuin 24040 Killion Street Woodland Hills CA 91364; Dear Mr. Baudhuin: This is in response to your January 29, 1976, letter to Secretar Coleman, concerning problems with your 22 foot Executive 'MINI' Motorhome.; SS 567.4(g)93) and 567.5(a)(5) of 49 CFR Part 567, *Certification* provide that a motor vehicle's Gross Vehicle Weight Rating (GVWR) shall; >>>not be less than the sum of the unloaded vehicle weight, rated carg load, and 150 pounds times the vehicle's designated seating capacity.<<<; Your letter and its enclosures indicate that your vehicle's weight i 9180 pounds, its designated seating capacity is six, and the GVWR specified by Executive is 9000 pounds. From this information, there appears to be a violation by Executive of Part 567. In addition, the possibility that the rear axle may be overloaded under normal conditions of use may constitute a defect related to motor vehicle safety. I have forwarded your letter to our Office of Standards Enforcement for such further action as may be appropriate.; Please note that a final-stage manufacturer is not automaticall prohibited from certifying a GVWR that differs from that specified by the chassis manufacturer. For the purposes of the Federal motor vehicle safety standards and regulations, Executive is free to certify a lower GVWR, provided the above-cited constraint is observed.; The remaining questions presented in your letter are not matters ove which we have jurisdiction, and probably are most appropriately handled by a private attorney.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam0218OpenMr. Melvin Hart, 1345 Fifth Avenue, New York, NY 10029; Mr. Melvin Hart 1345 Fifth Avenue New York NY 10029; Dear Mr. Hart: We have received your petition of March 10 for temporary exemption fro Federal Motor Vehicle Safety Standard No. 201 (Occupant Protection in Interior Impact). The petition raises several questions.; Standard No. 201 does not, as you appear to assume, pertain only t instrument panels. It also covers seat backs, interior compartment doors, sunvisors, and armrests. Please explain whether your are seeking an exemption from the entire Standard, or only from S3.1.; The comment on p. 6 of the petition, 'two of the standards loom highe than the rest as problems', raises the question whether you are still requesting an exemption from Federal Standard No. 103 (Defrosting and Defogging Systems). If so, then you should submit a supplemental petition containing the information we requested on February 19 in returning to you your petition of February 13.; The signature 'Melvin Hart Owner' does not fulfill the requirement (4 C.F.R. S 355.5(b)913)) that the application be signed 'by an officer of the petitioner and state his authority and area of responsibility'.; If you will explain the scope of your request for exemption fro Standard No. 201, whether an exemption from Standard No. 103 is still needed, and your corporate position with Transer, Inc. we shall consider your petition further.; In closing permit me to suggest that it would be to your advantage t submit as much information as possible on the safety characteristics of the T6.A, including relevant drawings and photographs. An exemption is based in part upon a finding that it is 'consistent with the public interest and the objectives of the National Traffic and Motor Vehicle Safety Act'. Since an exemption is, in effect, a license to manufacture motor vehicles, the Administrator must more (sic) data than the written assurances of a manufacturer that it will produce a 'safe' vehicle before he can find that the exemption is 'consistent with the public interest'. This is especially true concerning a new vehicle produced by a new company which has not manufactured motor vehicles before. If you would like to discuss the T6.A with our engineers we shall be happy to arrange such a meeting.; Sincerely, Lawrence R. Schneider, Assistant Chief Counsel fo Regulations; |
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ID: aiam3967OpenMr. Edward Maloney, 1302 Potter Road, Bellevue, NE 68005; Mr. Edward Maloney 1302 Potter Road Bellevue NE 68005; Dear Mr. Maloney: Thank you for your letter of April 17, 1985, concerning the safet belts in your 1984 Ford Tempo. You explained that Ford has offered to replace the safety belt buckle in your car and you asked if such an alteration is permissible under the Federal law. As discussed below, Ford can replace the buckle as long as the safety belt would continue to comply with our safety standard for safety belts.; Our agency has issued Federal Motor Vehicle Safety Standard No. 209 *Seat Belt Assemblies*, which sets performance and marking requirements for safety belts. All safety belts sold as items of original or aftermarket equipment must be certified as meeting Standard No. 209. The alteration or repair of items of safety equipment is affected by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act. That section provides, in part, that:; >>>No manufacturer, distributor, dealer or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard....<<<; Thus, if a dealer alters a safety belt, the dealer must ensure that i is not rendering inoperative the belt's compliance with Standard No. 209.; I hope this information is of assistance. If you have any furthe questions, please let me know.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam2675OpenMr. Bruce Ducker, Attorney at Law, 1420 Larimer Square, Denver, CO 80202; Mr. Bruce Ducker Attorney at Law 1420 Larimer Square Denver CO 80202; Dear Mr. Ducker: This responds to your August 2, 1977, letter requesting copies o regulations issued pursuant to section 158(b) of the National Traffic and Motor Vehicle Safety Act of 1966 (as amended) (the Act) (15 U.S.C. 1381 *et seq.*).; I am enclosing a copy of Part 574, *Tire Identification an Recordkeeping* (Title 49 Code of Federal Regulations). This part details the recordkeeping requirements imposed by the agency upon tire manufacturers, distributors, dealers, and manufacturers of motor vehicles. In response to your question concerning the availability of customer lists, the agency has not issued any regulations on that point. You should note that these customer lists are retained by the manufacturer, not by the agency. Therefore, only the manufacturer would be in the position to divulge his customer lists. Should the agency obtain customer lists, they would not be disclosed unless disclosure was determined to be necessary to carry out the purpose of the Act as permitted by section 158(b).; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam0648OpenMr. Vern A. Moultrie, Manager, Manufacturing & Service, Schetky Equipment Corporation, P. O. Box 13365, Portland, OR 97213; Mr. Vern A. Moultrie Manager Manufacturing & Service Schetky Equipment Corporation P. O. Box 13365 Portland OR 97213; Dear Mr. Moultrie: This is in reply to your letter of March 16, 1972, in which you reques clarification of the Certification requirements (49 CFR Part 567). You ask whether certification is necessary, mentioning specifically certification to Motor Vehicle Safety Standard No.108, when you install new dump bodies on used chassis manufactured both before and after January 1, 1968.; The motor vehicle safety standards apply only to new vehicles, an neither compliance with the standards nor 'Certification' is required if you are installing truck bodies on used chassis.; We are pleased to be of assistance. Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam2360OpenMr. Arthur J. Laine, Jr., Master Mechanic, Plymouth Fire Department, Plymouth, ME 02360; Mr. Arthur J. Laine Jr. Master Mechanic Plymouth Fire Department Plymouth ME 02360; Dear Mr. Laine: This responds to your June 22, 1976, request to know when Standard No 121, *Air Brake Systems*, became applicable to firefighting vehicles, and whether the date of manufacture of the chassis or the date of manufacture of the completed vehicle is relevant for purposes of the standard's applicability. You also ask whether the chassis manufacture or the final manufacturer who completes the vehicle is responsible for complying with applicable safety standards.; Standard No. 121 applies to firefighting vehicles manufactured on o after June 1, 1976. I have enclosed a copy of the standard, which includes a listing of effective dates in section S3, *Applicability*.; Because most trucks are manufactured in two or more stages, the NHTS has issued a regulation that assigns responsibilities to the incomplete vehicle manufacture, intermediate manufacturers, and the final-stage manufacturer for ensuring conformity of the vehicle with safety standards (Part 568, *Vehicles Manufactured in Two or More Stages* (49 CFR Part 568)). Section 568.6 of this regulation requires that the final-stage manufacturer complete the vehicle in such a manner that it conforms to applicable standards. Section 568.6 does permit the final-stage manufacturer to treat as the time that manufacture is 'completed' for the purposes of certification any date no earlier than the manufacturing date of the complete vehicle and no later than the date of completion of final-stage manufacture. For example, a firefighting vehicle that is completed on a chassis built before June 1, 1976, could be legally completed by a final-stage manufacturer at any future date without conformity to Standard No. 121.; Yours truly, Frank Berndt, Acting Chief Counsel |
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ID: aiam3988OpenMr. Robert D. Bagg, 387 Chestnut Street, Oneonta, NY 13820; Mr. Robert D. Bagg 387 Chestnut Street Oneonta NY 13820; Dear Mr. Bagg: Thank you for your letter of July 5, 1985, to Stephen Oesch of my staf concerning Federal regulations that might affect a product you have developed. The information submitted with your letter describes the product as a collapsible partition that attaches to the rear of the front seat in a motor vehicle. The purpose of your product is to keep heat within the front portion of a car. The following discussion provides an explanation of how our standards would affect a device such as yours.; The National Traffic and Motor Vehicle Safety Act authorizes our agenc to issue Federal Motor Vehicle Safety Standards that apply to new motor vehicles and items of motor vehicle equipment. We have issued several standards that apply or affect the use of your product. First, we have issued Standard No. 205, *Glazing Materials*, which applies to all glazing installed in a motor vehicle, including the glazing used in an interior partition. Standard No. 205 incorporates by reference Standard ANS Z-26, 'Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highway,' of the American National Standard Institute. A copy of Standard No. 205 and ANS Z-26 are enclosed for your reference.; Standard No. 205 specifies performance requirements for various type of glazing and also regulates the locations in vehicles in which each type of glazing may be used. The various types of glazing are designated as 'Items' in the standard. Under the requirements of this standard, an interior partition to be used on a passenger vehicle at locations requisite for driving visibility, such as the device you have developed, may be manufactured out of either Item 1, Item 2, Item 4, Item 10, Item 11A, or Item 14 glazing materials.; Safety Standard No. 205 also sets forth specific certification an marking requirements for glazing materials. The marking requirements for prime glazing material manufacturers (i.e. those who fabricate, laminate, or temper the glazing material) are set out in paragraph S6.1 of the standard. In addition, section 6.3 of the standard requires each item of motor vehicle equipment to be certified pursuant to section 114 of the Vehicle Safety Act. Section 114 provides that an item of motor vehicle equipment may be certified by means of a label or tag on the item or on the outside of the container in which the equipment is delivered. The label or tag must state that the item of motor vehicle equipment complies with all applicable motor vehicle safety standards, which in this case would be Standard No. 205.; Under Section 108(a)(2)(A) of the Vehicle Safety Act, new motor vehicl equipment, such as interior partitions, must comply with applicable safety standards prior to sale. The manufacture, sale, or installation of a partition that does not conform to the standard, or the installation of a partition in a new vehicle in a location that is not authorized in Standard No. 205, would be in violation of Section 108(a)(2)(A). Under Section 109(a), anyone who sells motor vehicle equipment which does not conform to all applicable safety standards is subject to a civil penalty of up to $1,000 for each violation.; Installation of your device could also be affected by Standard No. 201 *Occupant Protection in Interior Impact*. Section 3.2 of Standard No. 201 sets energy-absorption requirements for the back of the front seat to protect the heads of rear seat occupants thrown forward in a crash. A copy of Standard No. 201 is enclosed for your reference. Therefore, if your device were installed in a new vehicle prior to its first sale to a consumer, the manufacturer would have to certify that the vehicle, as equipped, complies with all standard(sic) including Standard No. 201.; Installation of your product in a used vehicle could be affected b section 108(a)(2)(A) of the Vehicle Safety Act. In 1974, Congress amended the Vehicle Safety Act to address the problem of persons tampering with safety equipment. That section provides, in part, that:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . .<<<; Thus, no manufacturer, distributor, dealer, or motor vehicle repai business may add your product to a motor vehicle, if that action would 'render inoperative' the vehicle's compliance with Standard No. 201. The Vehicle Safety Act provides for civil penalties for persons that 'render inoperative' an element of a safety standard.; Section 108(a)(2)(A) of the Act does not apply to individual vehicl owners. Thus, individual vehicle owners can, themselves, add your product to their vehicles without violating Federal law. However, installation of your product by individual owners would have to be done in accordance with applicable State law.; Manufacturers of motor vehicle equipment also have responsibilitie under the Vehicle Safety Act regarding safety defects and noncompliances in their products. Under Sections 151 *et* *seq*., they must notify purchasers about safety-related defects and noncompliances and remedy the product free of charge. Again, Section 109(a) imposes a civil penalty upon any person who fails to provide notification of or remedy for a defect or noncompliance in motor vehicle equipment. A copy of the Vehicle Safety Act and an information sheet outlining the responsibilities of vehicle and equipment manufacturers is enclosed.; We hope you find this information helpful. Please contact this offic if you have any more questions.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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.