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: aiam5129OpenMr. Nilton Mello Vitrotec - Vidros De Seguranca Ltda Rua Jacofer, 350 CEP 02712 Sao Paulo, Brazil; Mr. Nilton Mello Vitrotec - Vidros De Seguranca Ltda Rua Jacofer 350 CEP 02712 Sao Paulo Brazil; "Dear Mr. Mello: This responds to your inquiry about the exportation o your laminated motor vehicle windshields into the United States. According to your letter, you have already designated an agent in this country and have received your DOT number. You asked whether you are required to perform tests at an American laboratory before you can export your product into the United States. I am pleased to have this opportunity to respond to your inquiry. I am also enclosing a copy of a fact sheet entitled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.' By way of background information, section 103 of the National Traffic and Motor Vehicle Safety Act ('Safety Act,' 15 U.S.C. 1392) authorizes NHTSA to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not however approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. NHTSA tests vehicles and equipment sold to consumers for compliance with safety standards 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 noncomplying or defective products is also subject to civil penalties. In response to your question about whether you are required to perform tests at an American laboratory, the answer is no. As indicated above, manufacturers of motor vehicles and motor vehicle equipment are required to certify that their products comply with all applicable safety standards. Manufacturers must have some basis for their certification. This does not necessarily mean that a manufacturer must conduct the specific tests set forth in an applicable standard. Certifications may be based on, among other things, engineering analyses, actual testing, and computer simulations. You are not required to use the services of an American laboratory in conducting tests associated with certification. I hope that you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures"; |
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ID: aiam2316OpenGovernor Raymond P. Shafer, Counselor to the Vice President; Governor Raymond P. Shafer Counselor to the Vice President; SUBJECT: Letter to the Vice President from Mr. James A. Graham President, General Industrial Group, Gulf + Western Manufacturing Company; Attached is a suggested draft reply to Mr. James A. Graham's letter o April 30, 1976, to the Vice President concerning a petition for reconsideration of the Part 581 - bumper standard.; James B. Gregory, Administrator Department of Transportation, *Suggested Reply* Dear Mr. Graham: This is in response to your letter of April 30, 1976, concerning Gulf Western's petition for reconsideration of the recently issued Part 581 bumper standard.; It is the policy of the National Highway Traffic Safety Administratio (NHTSA) to issue a notice of action taken on petitions for reconsideration within 120 days after publication of the final rule, unless action within that time is impracticable. Several manufacturers, including Gulf + Western, have filed petitions for reconsideration of the standard in conformance with NHTSA rulemaking procedures (40 CFR 553.35). Since the agency is currently in the process of considering the petitions received, it would not be appropriate for us to comment at this time on the remarks made in your letter.; The NHTSA will give full and thorough consideration to the comments an information submitted by Gulf + Western and the other petitioners. The agency's response to the petitions will be published in the *Federal Register*.; Sincerely, |
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ID: aiam3911OpenMr. M. Iwase, Manager, Technical Administration Dept., Koito Manufacturing Co., Ltd., Shizuoka Works, 500, Kitawaki, Shimizu- shi, Shizuoka-ken, Japan; Mr. M. Iwase Manager Technical Administration Dept. Koito Manufacturing Co. Ltd. Shizuoka Works 500 Kitawaki Shimizu- shi Shizuoka-ken Japan; Dear Mr. Iwase: This is in reply to your letter of February 1, 1985, with reference t the compliance with Motor Vehicle Safety Standard No. 108 of a proposed motorcycle headlamp design.; In the design shown in your letter a single housing would contain tw dual-filament bulbs, each with an independently aimed reflector. You have stated that the headlamp can comply with the photometric requirements of SAE J584 when either compartment is lit, and that the assembly will meet all other requirements of J584.; A dual bulb arrangement in a single housing is considered a singl headlamp, and therefore its compliance will be judged when both compartments are lit to provide either the upper or lower beam. Assuming that when both compartments are lit the combined candlepower at individual test points does not exceed the maxima imposed by J584 for those test points, your design appears to comply with Standard No. 108.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam2603OpenMr. R. G. Wilkins, Product Safety & Reliability Analyst, Grove Manufacturing Company, Shady Grove, PA 17256; Mr. R. G. Wilkins Product Safety & Reliability Analyst Grove Manufacturing Company Shady Grove PA 17256; Dear Mr. Wilkins: This responds to your February 17, 1977, letter concerning Nationa Highway Traffic Safety Administration's (NHTSA) tire label requirements contained in Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars*. You address the situation in which it is not practicable to affix the information label to the door.; Location of vehicle certification labels and tire information labels i governed by Part 567.4(c). This section provides that the primary location of the required labels is either the hinge pillar, door-latch post, or door edge that meets the door-latch post, next to the drivers (sic) seating position, or if none of these locations is practicable, to the left side of the instrument panel. Further, if none of the above locations is practicable, you may request an alternate location from the agency. I am enclosing a copy of Part 567 explaining how to request an alternate location for the information label.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam5596OpenMr. Isaias Rios Product Engineering Department Rines de Acero K-H, S.A. de C.V. Hidalgo No. 8 Esquina Plano Regulador Xocoyahualco, Tlalnepantla Estado de Mexico C.P. 54080 Mexico; Mr. Isaias Rios Product Engineering Department Rines de Acero K-H S.A. de C.V. Hidalgo No. 8 Esquina Plano Regulador Xocoyahualco Tlalnepantla Estado de Mexico C.P. 54080 Mexico; "Dear Mr. Rios: This responds to your letter of June 29, 1995, t Marvin Shaw of this office requesting information on obtaining a certification from the U.S. that the wheels you supply to automobile manufacturers in Mexico comply with Federal Motor Vehicle Safety Standard (FMVSS) Nos. 110 and 120. You explained in your letter and in telephone conversations with Walter Myers of this office that your company supplies steel and aluminum passenger car wheels to automobile manufacturers located in Mexico. You stated that Nissan Mexicana requires from you a certificate demonstrating compliance with FMVSS Nos. 110, Tire Selection and Rims, and 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars. Your letter asked how to obtain such a certification and for information on other responsible U.S. government agencies and approved test labs. On July 21, Mr. Myers telefaxed you copies of two interpretative letters previously issued by this office, one to Mr. Ralph Trimarchi dated February 11, 1985, and one to Mr. Jay D. Zeiler dated November 20, 1977. We explained in those letters that U.S. law requires motor vehicle and equipment manufacturers to self-certify their products and that the U.S. government does not test or certify products prior to first retail sale. Rather, this agency, the National Highway Traffic Safety Administration (NHTSA), randomly tests vehicles and equipment for compliance with the FMVSSs. Mr. Myers also telefaxed you copies of FMVSS Nos. 110 and 120 on July 24, 1995. We would like to advise you of another issue. 49 Code of Federal Regulations (CFR) Part 566 (copy enclosed) requires manufacturers of motor vehicle equipment to which an FMVSS applies (referred to in the regulation as 'covered equipment,' such as wheels) to submit its name, address, and a brief description of the items of equipment it manufactures to NHTSA. NHTSA requires that information from an equipment manufacturer even though the equipment manufacturer does not directly sell its products in the U.S. but supplies them to foreign vehicle manufacturers who sell their vehicles in the U.S. (see enclosed copy of NHTSA letter to Mr. K. Nakajima, dated January 6, 1972). Therefore, if your company has not already done so, please submit the information required by Part 566 to the Administrator of NHTSA within thirty days after receipt of this letter. No forms or prescribed format is required. A standard letter is sufficient. I hope this information is helpful to you. Should you have any further questions or need any additional information, please feel free to contact Mr. Myers at this address or by telephone (202) 366-2992 or telefax (202) 366-3820. Sincerely, John Womack Acting Chief Counsel Enclosures"; |
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ID: aiam2253OpenMr. Alvin L. Slayton, Product Reliability Department, American Bosch Electrical Products, P. O. Box 2228, Columbus, MS 39701; Mr. Alvin L. Slayton Product Reliability Department American Bosch Electrical Products P. O. Box 2228 Columbus MS 39701; Dear Mr. Slayton:#This responds to your February 23, 1976, questio whether Standard No. 104, *Windshield Wiping and Washing Systems*, still references SAE J903a as it did in 1969, and whether a future reference to SAE J903b or SAE J903c is anticipated.#The answer to your first question is yes. The answer to your second question is no. A proposed change in Standard No. 104 would be published in the *Federal Register*, and interested persons would be given an opportunity to comment.#Yours truly, Stephen P. Wood, Assistant Chief Counsel; |
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ID: aiam1886OpenMr. J.E. Kuykendall, Director - Parts Sales, Cummins Sales & Service Inc., 600 Watson Road, P.O. Box 1008, Arlington, Texas 76010; Mr. J.E. Kuykendall Director - Parts Sales Cummins Sales & Service Inc. 600 Watson Road P.O. Box 1008 Arlington Texas 76010; Dear Mr. Kuykendall: #This responds to your letter of March 25, 1975 to Mr. Francis Armstrong of this agency, concerning the labeling requirements of Federal Motor Vehicle Safety Standard No. 106-74, *Brake Hoses, as applied to brake hose assemblies. #The labeling requirements for brake hose assemblies became effective on March 1, 1975. On March 4, the NHTSA proposed a change in the definition of 'brake hose assembly' which would exclude certain assemblies from the requirements of the standard (40 F.R. 8962, copy enclosed.) Notice of a final decision on this proposal will be published in the Federal Register. #Yours truly, Richard B. Dyson, Assistant Chief Counsel; |
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ID: aiam0794OpenMr. Melvin Aanerud, Manager, Mille Lacs Reservation Business Enterprise, Star Route, Vineland, MN 56359; Mr. Melvin Aanerud Manager Mille Lacs Reservation Business Enterprise Star Route Vineland MN 56359; Dear Mr. Aanerud: This is in reply to your letter of July 20 to the Department o Transportation concerning your 'pulsating safety brakelite.'; The performance of your device will be considered as a potentia required or optional feature during future amendments to Federal Motor Vehicle Safety Standard No. 108, 'Lamps, Reflective Devices and Associated Equipment.'; Thank you for your interest in highway safety. Sincerely, E. T. Driver, Director, Office of Operating Systems, Moto Vehicle Programs; |
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ID: aiam3012OpenMr. Jack W. Sperr, Coordinator, Pupil Transportation, Department of Education, 942 Lancaster Drive, N.E., Salem, OR 97310; Mr. Jack W. Sperr Coordinator Pupil Transportation Department of Education 942 Lancaster Drive N.E. Salem OR 97310; Dear Mr. Sperr: This responds to your April 6, 1979, letter asking several question about the applicability of the school bus safety standards to van-type vehicles.; First, you ask whether a vehicle that transports more than 10 person and is constructed in accordance with the school bus safety standards must be painted, lighted and marked as a school bus. As you know, Highway Safety Program Standard No. 17 formerly permitted Type II school vehicles, under 16 passengers, to be marked, painted, and lighted at the option of the school district. As a result of the Motor Vehicle and Schoolbus Safety Amendments of 1974 (Pub. L. 93-492), all school buses must be equipped with school bus lights. Since they must have lights, they must also be painted and marked as school buses. Therefore, all school vehicles carrying more than 10 persons must be properly painted, marked and lighted.; In your second question you ask whether a school can purchase and use noncomplying used van manufactured after April 1, 1977. The National Highway Traffic Safety Administration (NHTSA) regulates, for the most part, vehicles up to the point of first purchase. Therefore, the sale of a noncomplying used vehicle would be beyond the control of this agency. However, we caution schools purchasing such vehicles that they may be unable to insure them, and they may be responsible for significantly increased liability in the event of an accident. Further, we encourage States not to license such vehicles for the transportation of school children.; Third, you ask whether the standard applies to leased or rente vehicles. The answer to your question is yes. Part 571.3 of our regulations (49 CFR 571) defines school bus as 'a bus that is sold, or introduced in interstate commerce,...' The phrase introduced in interstate commerce includes the lease or rental of vehicles for school use. Since these leased or rented vehicles are considered school buses, they must comply with the safety standards.; In your fourth question, you ask whether a contractor or school ca remove seats from a van that it inadvertently purchased so that as modified it will transport 10 or fewer persons. A school or contractor can modify its own vehicles any way that it chooses. A dealer, manufacturer, or repair business, on the other hand, cannot alter a vehicle in any manner that would render inoperative its compliance with Federal safety standards. The agency notes that if a school removes seats from the van in the manner suggested in your letter, the van would no longer be required to comply with the school bus safety standards. However, a new van-type vehicle that transports 10 or fewer persons must comply with safety standards applicable to multipurpose passenger vehicles (MPV). Your modified vehicle probably would not comply with these MPV requirements. You should remember that the operation of a noncomplying school bus or a noncomplying MPV does not subject a school to liability to the NHTSA. However, a school's private liability in the event of an accident might be increased.; In your final question, you ask whether the NHTSA is enforcing th school bus regulations. The agency has taken extensive steps to enforce its school bus regulations. These include a major testing program of buses manufactured in compliance with the standards. As a result of these tests, some noncompliances have been determined and some remedies have occurred. With respect to the sale of vans as school vehicles, the agency has warned many dealers of the illegality of this practice, and in most instances, these dealers have repurchased the vehicles that were sold in violation of the law.; We encourage States to adopt licensing practices that ensure tha vehicles used to transport school children and manufactured after April 1, 1977, comply with the safety standards. Many States now have such licensing programs, and the problem of van misuse is rapidly diminishing in those areas. We further encourage States to report instances of violations to our Office of Vehicle Safety Compliance. That Office will take the necessary steps to enforce the law.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam3442OpenMr. Dietmar K. Haenchen, Volkswagen of America, Inc., 27621 Parkview Boulevard, Warren, MI 48092; Mr. Dietmar K. Haenchen Volkswagen of America Inc. 27621 Parkview Boulevard Warren MI 48092; Dear Mr. Haenchen: This responds to your recent letter asking which of the specifi requirements of Safety Standard No. 209, *Seat Belt Assemblies*, must be met by an automatic seat belt assembly that is installed in a vehicle in accordance with the automatic restraint requirements of Safety Standard No. 208, *Occupant Crash Protection*.; The agency has stated in the past that automatic seat belt assemblie must meet the adjustment requirements of paragraph S7.1 of Safety Standard No. 208, and those parts of Safety Standard No. 209 that are incorporated by reference in S7.1, whether or not the automatic belts are installed to meet the frontal crash protection requirements of paragraph S5.1 or Safety Standard No. 208. Automatic belts that are installed to comply with the frontal crash protection requirements are excepted from the other requirements of Safety Standard No. 209 by paragraph S4.5.3.4 of Safety Standard No. 208. As noted in your letter, paragraph S7.1 of Safety Standard No. 208 requires the automatic belt assembly to have a retractor that complies with Safety Standard No. 209. However, the requirements for retractor performance in Safety Standard No. 209 are based on other tests in the standard which are used for preconditioning or as prerequisites. Therefore, you state that it is not clear which requirements must be met by a retractor on an automatic belt assembly.; Paragraph S7.1 of Safety Standard No. 208 is only intended t incorporate by reference those provisions in Safety Standard No. 209 that are directly related to retractor performance. Therefore, all automatic belt retractors are required to comply with the following provisions of Safety Standard No. 209, S4.3(j), S4.3(k), and S5.2(a), (b), (j), and (k). Please note, however, that the retractors do not have to comply with paragraph S4.4 which is incorporated by reference in S4.3(k), since S4.4 relates to the performance of entire belt assemblies.; I hope this has been responsive to your inquiry. We apologize for th delay.; Sincerely, Frank Berndt, 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.