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 |
|---|---|
| search results table | |
ID: aiam5653OpenMr. Tom Byrne Vice President Goodridge (USA) Inc., 20309 Gramercy Torrance, CA 90501; Mr. Tom Byrne Vice President Goodridge (USA) Inc. 20309 Gramercy Torrance CA 90501; Dear Mr. Byrne: This responds to your letter requesting a interpretation of Federal Motor Vehicle Safety Standard No. 106, Brake hoses. According to your letter, you plan to sell a brake hose assembly for hydraulic brake systems that you refer to as 'Stainless Steel Braided Brakelines.' You then asked several questions about selling your product in this country. By way of background information, the National Highway Traffic Safety Administration (NHTSA) administers Federal requirements for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment, including brake hose assemblies. Congress has established a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards (FMVSSs). This process requires each manufacturer to determine that its products meet all applicable requirements. NHTSA tests vehicles and equipment sold to consumers for compliance with the FMVSS's and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. A manufacturer of a noncomplying product is also subject to a civil penalty of up to $1,000 for each noncomplying item it produces. I have enclosed an information sheet that highlights the responsibilities you must meet as a manufacturer of motor vehicle equipment. Standard No. 106 applies to new motor vehicles and to brake hoses, brake hose end fittings, and brake hose assemblies. The standard specifies labeling and performance requirements for these products to reduce the likelihood of brake system failure from ruptures in the brake hose or brake hose assembly. New brake hoses, end fittings, and assemblies must meet these requirements to be sold in or imported into this country. If the items do not comply, the manufacturer is subject to the civil penalties and the recall responsibilities mentioned above. You first asked NHTSA to 'confirm' that an independent laboratory certification is valid for the United States. As explained above, NHTSA does not approve manufacturers' products or conduct pre-sale testing of their products. In the United States, the individual manufacturer must certify that its product complies with all applicable FMVSS's. You then asked NHTSA to confirm that such a brake hose assembly can be used with an adapter into the master cylinder or caliper. Your brake hose assembly can be used at any place in a motor vehicle, provided that in installing it, a vehicle manufacturer, distributor, dealer or repair business does not knowingly make inoperative, in whole or in part, a vehicle or item of equipment which is in compliance with any applicable safety standard. Specifically, inclusion of your brake hose assembly could not modify a hydraulic brake system subject to FMVSS No. 105, Hydraulic Brake Systems, to the extent that it no longer complies with the standard. Your next question asked whether there are any special marking requirements for brake hose assemblies manufactured for sale in the United States. Section S5.2.4 sets forth labeling requirements for brake hose assemblies. Section S5.2.4 states that Each hydraulic brake hose assembly, except those sold as part of a motor vehicle, shall be labeled by means of a band around the brake hose assembly as specified in this paragraph or at the option of the manufacturer, by means of labeling as specified in S5.2.4.1. The band may at the manufacturer's option be attached so as to move freely along the length of the assembly, as long as it is retained by the end fittings. The band shall be etched, embossed, or stamped in block capital letters, numerals or symbols at least one-eighth of an inch high, with the following information: (a) The symbol DOT constituting certification by the hose assembler that the hose assembly conforms to all applicable motor vehicle safety standards. (b) A designation that identifies the manufacturer of the hose assembly which shall be filed in writing with: Office of Vehicle Safety Standards, Crash Avoidance Division, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington DC 20590. The designation may consist of block capital letters, numerals or a symbol. In addition, section S5.2.4.1 provides as an option that at least one end fitting be etched, stamped or embossed with a designation at least one-sixteenth of an inch high that identifies the manufacturer of the hose assembly. I have also enclosed copies of two procedural requirements you must satisfy in order to sell your products in this country. The first requirement is NHTSA's regulation for manufacturer identification (49 CFR Part 566). This regulation requires a manufacturer of equipment to which an FMVSS applies (e.g., brake hoses) to submit its name, address, and a brief description of the items of equipment it manufacturers to NHTSA within 30 days after it first imports its products into the United States. The second requirement is NHTSA's regulation for designations of agents (49 CFR Part 551, Procedural Rules, Subpart D). The regulation requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to me at the following address: Chief Counsel, Room 5219, National Highway Traffic Safety Administration, 400 Seventh St., S.W., Washington, D.C., 20590. The designation must include the following information: 1. A certification that the designation of agent is valid in form and binding on the manufacturer 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 address of the manufacturer, 3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name, 4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer, 5. A declaration of acceptance duly signed by the agency appointed, which may be an individual, a firm or a United States corporation, and, 6. The full legal name and address of the designated agent. 7. In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature. I hope this information is helpful. If you have further questions, please contact Mr. Marvin Shaw of this office at (202) 366-2992. Sincerely, Samuel J. Dubbin Chief Counsel Enclosure; |
|
ID: aiam0451OpenMr. Thomas S. Pieratt, Jr., Executive Secretary, Truck Equipment & Body Distributors Association, 602 Main Street, Cincinnati, OH 45202; Mr. Thomas S. Pieratt Jr. Executive Secretary Truck Equipment & Body Distributors Association 602 Main Street Cincinnati OH 45202; Dear Mr. Pieratt: In your letter of September 8, 1971, you ask whether final-stag manufacturers may use the new vehicle certification label required as of January 1, 1972, before that date.; Your members may use the new label before January 1, 1972. Since th two vehicle weight ratings are not required until that date, there is no legal objection either to leaving the appropriate space blank, or to typing the phrase 'NOT REQUIRED UNTIL 1/1/72' in the space provided.; Sincerely, Lawrence R. Schneider, Chief Counsel |
|
ID: aiam4412OpenMr. Roger M. Cox, R & R Lighting, Inc., Route 1, Box 190, Gadsden, AL 35901; Mr. Roger M. Cox R & R Lighting Inc. Route 1 Box 190 Gadsden AL 35901; Dear Mr. Cox: This is in reply to your letter of July 8, 1987, with respect t whether a lighting product you intend to market is 'in violation of any federal regulation when mounted on a motor vehicle.'; You describe your product as a 'lighted decal' which can be mounted i the rear window of any car or pick-up truck, and the photographs you enclosed show it mounted in the center of the rear window of a pre-1980 model Seville.; The decal will be wired into the brake system and when activated by th brake 'only the letters in the decal will be lighted.' You state further that although the letters will appear red to an observer 'this product is not designed nor will it be marketed as a brake light or a tail light.'; In our opinion, your product may or may not be in violation of Federa requirements depending upon the following uses. The product does not appear to be intended as a substitute for the center highmounted stop lamp that has been standard equipment on passenger cars manufactured on or after September 1, 1985. Indeed, it could not be so used unless it met all requirements for such a lamp. The principal requirements are that such lamps have a minimum of 4 1/2 square inches of illuminated lens area, that it meet specified photometrics at 13 test points, and that it produce a signal visible from 45 degrees from the right to the left and from five degrees up to five degrees down. If your device does not meet these requirements, removal of the lamp and replacement with your device would violate a prohibition of the National Traffic and Motor Vehicle Safety Act against rendering inoperative equipment installed in accordance with a Federal motor vehicle safety standard, in this case Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*. However, a dealer could install it on a new pick-up truck, or to one side of the center lamp in a new passenger car before their initial sale, provided the device did not impair the effectiveness of the rear lighting equipment required by Standard No. 108, and the device could be installed on some vehicles in use (cars built before September 1, 1987, and any pick-up) provided that it did not render inoperative in whole or in part other required rear lighting equipment.; By this we mean that the device appears allowable for these vehicle under Federal law provided that wiring it into the brake system does not reduce the stop lamp output or otherwise affect the operation or the effectiveness of the stop lamp system.; You should also ensure that your product is acceptable under State an local laws as well. Because there are no Federal requirements for your product, each State may regulate it as it deems proper.; I am enclosing the samples that you enclosed, and hope that we hav answered your questions.; Sincerely, Erika Z. Jones, Chief Counsel |
|
ID: aiam0902OpenMr. Barney Klein, Klein Tire Sales, Norma, New Jersey 08347; Mr. Barney Klein Klein Tire Sales Norma New Jersey 08347; Dear Mr. Klein: This is in reply to your letter of November 1, 1972, asking whether yo may sell tires from which the manufacturer has removed his name and DOT marking, if you tell the purchaser that the tires cannot be sold except for farm use, and if the buyer sign a sales invoice to that effect.; The in formation I gave you over the phone is incorrect. The answer t your question is that you may not sell such tires. Passenger car tires manufactured before October 1, 1972, can not be made eligible by their manufacturer for sale as farm use tires unless the manufacturer has reclassified them in the manner specified in paragraph S6 of Motor Vehicle Safety Standard No. 109. This provision required the manufacturer to permanently label a tire with the words 'UNSAFE FOR HIGHWAY USE', and to affix labels to the tread which state that the tire should not be used on a passenger car and that the sale of the tire for such use may subject the seller to civil penalties. A dealer who sells nonconforming tire which the manufacturer has not reclassified in this manner will be in violation of section 108(a)(1) of the National Traffic and Motor Vehicle Safety Act, and likewise subject to civil penalties.; A recent amendment to Standard No. 109 prohibits manufacturers fro reclassifying any tire after October 1, 1972, and requires them to destroy tires manufactured after that date which they will not certify.; With respect to reports on tires which you mention were obtained fo testing purposes by Mr. Loewenstern of NHTSA, these tires, which were not purchased by Mr. Loewenstern but by a New Jersey State Policeman on behalf of NHTSA, were not purchased for testing purposes. Rather, they were purchased for the purpose of obtaining evidence against you that you were selling tires in violation of the National Traffic and Motor Vehicle Safety Act. The NHTSA does not return tires which have been purchased for evidentiary purposes.; Sincerely, Lawrence R. Schneider, Chief Counsel |
|
ID: aiam1610OpenMr. C. E. Bryant, Bendix Home Systems, Inc., 2695 Peachtree Square, Peachtree Industrial Blvd., Doraville, GA 30340; Mr. C. E. Bryant Bendix Home Systems Inc. 2695 Peachtree Square Peachtree Industrial Blvd. Doraville GA 30340; Dear Mr. Bryant: This is in reply to your letter of August 21, 1974, asking whether th terms 'loaded vehicle weight' or 'rated cargo load' include the liquid for both water potable tanks and waste holding tanks in the case of motor homes and multi-purpose passenger vehicles. You indicated in a phone conversation with Mike Peskoe of this office on September 4, 1974, that the purpose of your question is to determine whether the weight of this liquid would be included in a manufacturer's computation of gross vehicle weight rating. You also ask for definitions of 'loaded vehicle weight' and 'rated cargo load.'; It is not required that a determination of gross vehicle weight ratin include the weight of a full amount of liquid in both the potable and the waste holding tanks on the assumption, stated in your letter, that in actual use the holding tank is empty when the potable tank is filled, and the liquid is drawn gradually from one tank to the other. It should be placed in the potable tank for determining GVWR, for this more closely reflects a new vehicle configuration.; The term 'loaded vehicle weight' is not defined in the Federal moto vehicle safety standards or regulations nor are we aware of its use therein. A related term, 'maximum loaded vehicle weight,' is defined in Motor Vehicle Safety Standard No. 110 (49 CFR 571.110), but this definition is not applicable to your question. 'Rated cargo load' is also not specifically defined, but is used in the requirements for gross vehicle weight rating in 49 CFR 567 and as a test condition in Motor Vehicle Safety Standard No. 208. It is intended to mean the manufacturer's good faith rating of the weight of a vehicle's full cargo.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
|
ID: aiam2895OpenMr. W. G. Milby, Manager, Engineering Service, Blue Bird Body Company, P.O. Box 937, Fort Valley, GA 31030; Mr. W. G. Milby Manager Engineering Service Blue Bird Body Company P.O. Box 937 Fort Valley GA 31030; Dear Mr. Milby: This responds to your August 3, 1978, letter asking how to compute th area of a sample of a body panel when testing for compliance with Standard No. 221, *School Bus Body Joint Strength*.; In your letter, you suggest that the net cross- sectional area of th sample is determined by multiplying the width of the sample by its thickness and then subtracting the area of each discreet fastener hole. The National Highway Traffic Safety Administration agrees that this procedure yields the correct area of the sample, and it is the method used by the agency in its compliance testing.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
|
ID: aiam4042OpenMr. Wayne D. Buhler, Director of Engineering, Onspot, Inc., 1424 E. 800 N., Orem, UT 84057; Mr. Wayne D. Buhler Director of Engineering Onspot Inc. 1424 E. 800 N. Orem UT 84057; Dear Mr. Buhler: This responds to your letter requesting a review of your 'Onspot Safet Chain,' an automatic snowchain, for compliance with existing regulations. According to your letter, the current units are being installed both as original equipment and in the aftermarket on 1/2 ton and larger vehicles, although prototypes are being developed for passenger cars. The device is activated by pulling a dash mounted electrical switch which activates an electric solenoid valve, allowing air to pass from an air tank on the Onspot air chambers. For the future, you are considering using a push pull air switch mounted at the dash which would get air supply from the tank or manifold, thus eliminating the solenoid valve. On vehicles with air-mechanical brakes, air is generally used from the secondary air reservoir, or the primary reservoir if that is all that is available. On vehicles with hydraulic brakes, an auxiliary air system is provided. I regret the delay in responding to your letter.; By way of background information, the National Highway Traffic Safet Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable safety standards. The following represents our opinion based on the facts provided in your letter.; NHTSA does not have any regulations covering automatic snowchains However, it is possible that installation of the Onspot Safety Chain could affect a vehicle's compliance with other safety standards. We note in particular that since the device may be tied into a vehicle's air brake system, it could affect a vehicle's compliance with Federal Motor Vehicle Safety Standard No. 121, *Air Brake Systems*.; If your device is installed as original equipment on a new vehicle, th vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards. If the device is added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.; If the device is installed on a used vehicle by a business such as garage, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative the compliance of the vehicle with any safety standard. This is required by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act.; Enclosed is an information sheet which identifies relevant Federa statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. I note that the Vehicle Safety Act's provisions requiring manufacturers to notify purchasers of safety-related defects and to remedy such defects without charge apply regardless of whether an item of motor vehicle equipment is covered by a safety standard.; Sincerely, Erika Z. Jones, Chief Counsel |
|
ID: aiam3787OpenMr. Pekka Suuronen, Hella, Inc., P.O. Box 1064, Cranford, NJ 07016; Mr. Pekka Suuronen Hella Inc. P.O. Box 1064 Cranford NJ 07016; Dear Mr. Suuronen: This is in response to your letter of November 30, 1983, clarifyin your earlier requests for an interpretation of Standard No. 108. You have asked whether replaceable bulb headlamps may be manufactured in sizes identical to the current sizes for sealed beam headlamps, provided that they meet Standard No. 108 in all other respects.; The replaceable bulb headlamp amendment was adopted with the intent o allowing vehicle manufacturers greater flexibility in the front end design in order to improve aerodynamics. The amendment allows an original equipment two-lamp system of no specified dimensions, and replacement lamps for these systems. It was not directed towards replacement lamps for existing headlamp systems. However, because no exterior dimensions for headlamps are specified by the amendment, replaceable bulb headlamps intended for use in a two-lamp system, with exterior dimensions of sealed beam round or rectangular two-headlamp systems, would be permissible assuming that they meet all other requirements of Standard No. 108, including proving one of the two aiming pad locations specified for replaceable bulb headlamps. However, until Standard No. 108 is amended to allow a four-lamp replaceable bulb headlamp system, these lamps are precluded from being manufactured to replace today's sealed beam round and rectangular sealed beam headlamps used in four-lamp systems.; I hope this provides the clarification you seek. Sincerely, Frank Berndt, Chief Counsel |
|
ID: aiam1240OpenMr. Pundalik K. Kamath, Senior Safety Engineer, Oshkosh Truck Corporation, P.O. Box 560, Oshkosh, WI 54901; Mr. Pundalik K. Kamath Senior Safety Engineer Oshkosh Truck Corporation P.O. Box 560 Oshkosh WI 54901; Dear Mr. Kamath:This is in reply to your letter of August 6, 1973, i which you inquire whether incomplete vehicles manufactured before the effective date of Motor Vehicle Safety Standard No. 121, 'Air Brake Systems,' (September 1, 1974) must conform to the standard. You ask further whether complete vehicles manufactured from these incomplete vehicles must conform if they are completed after the effective date of the standard.; Incomplete vehicles manufactured before the effective date of Moto Vehicle Safety Standard No. 121 need not conform to that standard, and complete vehicles manufactured from those incomplete vehicles also need not conform to the standard.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
|
ID: aiam0847OpenMr. Arthur N. Maupin, C. and M. Company, P. O. Box 1285, Zanesville, OH, 43701; Mr. Arthur N. Maupin C. and M. Company P. O. Box 1285 Zanesville OH 43701; Dear Mr. Maupin: This is in reply to your letter of August 12, 1972, in which you aske which manufacturers are subject to the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 302. You also asked us for permission to include copies of FMVSS No. 302 in your promotional literature, and requested copies of any modification or supplements to the flame test.; Any manufacturer of passenger cars, multipurpose passenger vehicles trucks, or buses manufactured on or after September 1, 1972, is subject to the requirements of the standard. FMVSS No. 302 is a published Federal regulation, and you may reproduce it and distribute it in your promotional literature. I have enclosed a copy of a Notice of Proposed Rule Making, 36 F.R. 9565, which would amend the standard.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs; |
|
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.