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 |
|---|---|
ID: aiam4055OpenFinbarr J. O'Neill, Esq., General Counsel, Hyundai Motor America, 7373 Hunt Avenue, P.O. Box 2669, Garden Grove, CA 92642- 2669; Finbarr J. O'Neill Esq. General Counsel Hyundai Motor America 7373 Hunt Avenue P.O. Box 2669 Garden Grove CA 92642- 2669; Dear Mr. O'Neill: This responds to your letter asking about the requirements of FMVSS No 101, *Controls and Displays*, concerning the color of the highbeam telltale. You stated that while Table 2 of the standard indicates that a manufacturer has the option of choosing a green or blue telltale, your review of competitive vehicles shows that virtually all have chosen blue telltales. You asked whether NHTSA has taken any position as to whether one color is preferable to the other. You also asked for comment on whether NHTSA has any reasonable anticipation of changing this requirement.; I would note that in the past NHTSA required the highbeam telltale t be blue. That color was selected primarily to promote international harmonization of standards regulating vehicle controls and displays. Blue is the color requirement of the International Standards Organization, the Economic Commission for Europe, and the European Economic Community.; On January 21, 1982, NHTSA amended Standard No. 101 to permit green a an alternative to blue (47 FR 2996). The purpose of the change was to allow the use of light emitting diode technology, which at that time could not produce the color blue. While we do not have a preference as such as to how manufacturers choose to meet our standards, we would note that use of the color blue tends to promote international harmonization.; On September 12, 1985, NHTSA published in the Federal Register (50 F 37240) a notice of proposed rulemaking to amend FMVSS No. 101. Among other things, the proposal concerns color requirements for electronic displays. See 50 FR 37244. We have enclosed a copy of the notice for your convenience.; I hope this information is helpful. Sincerely, Erika Z. Jones, Chief Counsel |
|
ID: aiam2882OpenMr. Richard H. Attenhofer, Manager - Tire Technical Relations, Dunlop Tire Company, P. O. Box 1109, Buffalo, New York 14240; Mr. Richard H. Attenhofer Manager - Tire Technical Relations Dunlop Tire Company P. O. Box 1109 Buffalo New York 14240; Dear Mr. Attenhofer: This responds to your July 10, 1978, letter asking whether it i permissible to label motorcycle tires with alternate speeds and load ratings appropriate for those speeds. You suggest that your tires be labeled with maximum speeds of 131, 137, and 143 miles per hour with the corresponding load ratings. The labeling of motor cycle (sic) tires is regulated by Standard No. 119, *New Pneumatic Tires for Vehicle Other Than Passenger Cars.*; Standard No. 119 requires that tires be marked with, among othe things, the maximum inflation pressure of the tire and the load rating applicable to that inflation pressure. Speed qualifications are permitted on tires when, for example, the tires are speed restricted. Otherwise, tires are not marked with speed criteria although they may be marked with the symbols S, H, or V as part of the tire identification number. These symbols, established by the European Tyre and Rim Technical Organization (ETRTO), indicate that the tire is an acceptable high-speed tire.; The National Highway Traffic Safety Administration considers i appropriate to permit the symbols S, H, or V to be marked on tires to indicate that such tires are appropriate for high-speed use. This permits, for example, a sophisticated purchaser of tires for emergency vehicles to know that the tires are suitable for the higher operational speeds necessary for those vehicles. The NHTSA, however, considers it inappropriate to mark motorcycle tires with maximum speeds of 131, 137, and 143 miles per hour with the corresponding safe load ratings. Such markings would appear to sanction the use of he tires at these speeds which far exceed the national speed limit.; Since Standard No. 119 regulates the permissible uses of spee designations on nonpassenger car tires, the agency interprets the standard to prohibit the marking of any other speed designations on a tire. The NHTSA considers the only appropriate speed designation on tires to be one that reflects a speed restricted tire or one that uses the symbols established by the ETRTO for tires that have been tested and can be operated at higher speeds.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
|
ID: aiam1607OpenMr. B. J. Smith, President, Nabors Trailers, Inc., P.O. Box 979, Mansfield, LA 71052; Mr. B. J. Smith President Nabors Trailers Inc. P.O. Box 979 Mansfield LA 71052; Dear Mr. Smith: This responds to your August 21, 1974, question whether a 'logging pol trailer', which consists of a beam to which an axle-mounted bolster can be clamped at different points to accomodate (sic) different log lengths, qualifies as a heavy hauler trailer as that term is defined in Standard No. 121, *Air brake systems*:; >>>'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.<<<; This also acknowledges receipt of your September 5 and September 17 1974, letters on the same subject.; The logging pole trailer you describe is a heavy hauler trailer, and a such, Standard No. 121 does not apply to this trailer until September 1, 1976. The beam or 'reach', together with the bolster, constitutes the frame of the trailer, and the brake lines are designed to adapt to extension of the bolster element along the beam.; This arrangement differs from the standard highway van which has one-piece frame with an adjustable tandem axle. The purpose of this sliding arrangement is unrelated to an extension of the frame itself to accomodate (sic) the transportation of heavy or oversize loads.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
|
ID: aiam0915OpenMr. Pundalik K. Kamath, Senior Safety Engineer, Oshkosh Truck Corporation, Post Office Box 560, Oshkosh, WI 54901; Mr. Pundalik K. Kamath Senior Safety Engineer Oshkosh Truck Corporation Post Office Box 560 Oshkosh WI 54901; Dear Mr. Kamath:#In your letter of November 28, 1972, you ask about th applicability of Federal Motor Vehicle Safety Standard No. 101 to a wiper for the 'right-hand window'.#The control location, identification, and illumination requirements of Standard No. 101 apply only to windshield wiping systems, and not to those that may be provided for side or rear windows.#Yours truly, Richard B. Dyson, Assistant Chief Counsel; |
|
ID: aiam2928OpenHonorable John M. Ashbrook, House of Representatives, Washington, DC 20515; Honorable John M. Ashbrook House of Representatives Washington DC 20515; Dear Mr. Ashbrook: This responds to your December 19, 1978, letter asking whether it i required that school buses be built transport a minimum of 9 passengers.; As you suggest in your letter, there is no requirement that schoo buses be built to transport a minimum of 9 passengers. The school bus safety regulations issued by the National Highway Traffic Safety Administration require the compliance of those vehicles used to transport more than 10 children to or from school and related events. Vehicles with smaller passenger capacities may also transport children to and from school and need not comply with the school bus safety standards.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
|
ID: aiam1374OpenHonorable John W. Davis, House of Representatives, Washington, DC 20515; Honorable John W. Davis House of Representatives Washington DC 20515; Dear Mr. Davis: This is in reply to your letter of December 17, 1973, on behalf of Ms Judith Davis, who has suggested the incorporation of the Federal odometer form into the bill of sale as a means of reducing paperwork in motor vehicle transactions.; Although the Federal odometer disclosure regulation requires the selle to give the buyer several items of information that we consider essential to adequate disclosure, the regulation does not require the use of a separate form. If Ms. Davis is able to include the required information in the bill of sale used by the Rome Auto Auction, she may do so. Information items that are common to the bill of sale and the disclosure statement, such as the model and make of the vehicle, would not have to be stated twice.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
|
ID: aiam4176OpenMr. Larry H. McEntire, Administrator, School Transportation, Florida Department of Education, Tallahassee, FL 32301; Mr. Larry H. McEntire Administrator School Transportation Florida Department of Education Tallahassee FL 32301; Dear Mr. McEntire: I regret the delay in responding to your letter to this office askin whether certain 'mini-vans' designed to carry a maximum of eight persons are classified by NHTSA as 'passenger cars' or 'multipurpose passenger vehicles' (MPV's), for purposes of complying with the Federal motor vehicle safety standards.; I would like to begin by clarifying that the classification of particular vehicle is determined in the first instance by its manufacturer, and not by NHTSA. Under our certification requirements (49 CFR Part 567), manufacturers are required to specify the type of their vehicles in accordance with the definitions set forth in Part 571.3 of our regulations and must certify that their motor vehicles comply with all the motor vehicle safety standards applicable to that type. We define an MPV in Part 571.3 as 'a motor vehicle ... designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.'; Information we have received regarding manufacturer certificatio discloses that manufacturers classify *cargo- carrying* models of the Ford Aerostar, and G.M. Astro and Safari as 'trucks.' A 'truck' is defined in Part 571.3 as 'a motor vehicle...except a trailer, designed primarily for the transportation of property or special purpose equipment.' We understand that *passenger* models of mini-vans designed to carry up to eight passengers utilize the same type of chassis used in truck models. It is likely, therefore, that the passenger model mini-vans you asked about would be classified as MPV's instead of passenger cars. This is verified by the 'MPV' classification given by manufacturers to the Chrysler mini-van and Toyota Van.; On a related matter, you asked for our comments on your Department' recommendation to your school boards that they not condone parents' use of conventional vans (i.e., vans not meeting Federal or State school bus safety regulations) to transport school children to school-related events. Mr. Arnold Spencer of Rockledge, Florida, recently wrote to our office concerning the above recommendation and requested us to explain how our school bus regulations apply to persons owning vans. I have enclosed a copy of our April 25, 1986, response to Mr. Spencer which you might find helpful.; I hope this information is helpful. If you have further questions please feel free to contact us.; Sincerely, Erika Z. Jones, Chief Counsel |
|
ID: aiam0836OpenMr. Jerome G. Abeles, Director, Product Planning & Purchasing, Sealy, Incorporated, 666 North Lake Shore Drive, Chicago, IL, 60611; Mr. Jerome G. Abeles Director Product Planning & Purchasing Sealy Incorporated 666 North Lake Shore Drive Chicago IL 60611; Dear Mr. Abeles: This is in reply to your letter of August 10, 1972, concerning th application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials', to mattress assemblies.; Paragraph S4.1 of the Standard lists mattress covers only. This doe not include the complete mattress assembly. Accordingly, you are correct in your assumption that only the mattress covers must meet the burn rate requirement of Paragraph S4.3. You are also correct in your assumption that mattress assemblies which are not designed to absorb energy on contact with occupants in crash situations are not subject to the Standard.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
|
ID: aiam3719OpenMr. Charles Jayne, Tire Manager, J-B Purchasing Corporation, P.O. Box 692, Auburn, NY 13021; Mr. Charles Jayne Tire Manager J-B Purchasing Corporation P.O. Box 692 Auburn NY 13021; Dear Mr. Jayne: This responds to your recent letter asking about the requirements of 4 CFR Part 574, *Tire Identification and Recordkeeping*. You noted that your company currently retreads tires for its own use, and that you soon plan to retread tires for sale to others. You asked if the tires you retread for your own use need to be identified with a tire identification number. The answer is no.; Section 574.5 of the Tire Identification and Recordkeeping regulatio provides, in part, that, 'Each tire retreader, *except tire retreaders who retread tires for their own use*, shall conspicuously label one sidewall of each tire he retreads by permanently molding or branding into or onto the sidewall, ...a tire identification number....' Your question concerns a situation in which a tire retreader retreads some tires for his own use and some tires for sale or lease to others. To answer your question, it is helpful to examine the purpose of the identification requirement.; The purpose of having the tire identification number labeled on th sidewall of retreaded tires is twofold. First, it enables this agency and the user of the retreaded tire to identify the retreader of the tire in the event of some safety problem with the tire. Second, it enables the tire retreader to accurately identify the retreaded tires it may have to recall. In the case of tires offered for sale or use outside your company, it is plain that both these purposes would be served by having the tire identification number on the sidewall. Therefore, Part 574 requires that each such tire have a tire identification number on one sidewall.; However, with respect to tires retreaded for the retreader's own use it is obvious who retreaded the tire, whether or not a tire identification number appears on the sidewall. Hence, the first purpose listed above would not be served by having the tire identification number on the sidewall of these tires. Further, the retreader can inspect all of the retreaded tires it uses to determine if any are subject to its recall, and assure adequate remedy for those which are within the recall, without publicizing the identification numbers of those tires. Thus, the second purpose set forth above also would not be furthered by having the tire identification number on the sidewall of these tires. Please note, however, that any tire not marked with a tire identification number can never legally be sold or otherwise offered for use outside of your company.; Should you have any further questions or need additional informatio about this topic, please contact Steve Kratzke of my staff at (202) 426-2992.; Sincerely, Frank Berndt, Chief Counsel |
|
ID: aiam1724OpenNancy Kolodny, Esq., Office of the General Counsel, Ford Motor Company, The American Road, Dearborn, MI 48121; Nancy Kolodny Esq. Office of the General Counsel Ford Motor Company The American Road Dearborn MI 48121; Dear Ms. Kolodny: This is in reply to your letter of June 10, 1975, asking whether Moto Vehicle Safety Standard No. 108 preempts Section 25950 of the California Vehicle Code with respect to Mercury Monarch taillamps.; Section 25950 requires in pertinent part that all lamps visible fro the rear of a vehicle be red, 'whether lighted or unlighted', except that taillamps may be white when unlighted. Standard No. 108 requires passenger car taillamps to be 'red' (Table III), and 'the taillamp indication' to be red (SAE Standard J585, *Tail Lamps*, June 1966, incorporated by reference into Standard No. 108). The taillamps on the Mercury Monarch are covered with amber lenses. Although the lamp meets the color and photometric requirements of Standard No. 108 when lighted, California is of the opinion that use of the amber lens is prohibited by Section 25950.; Section 103(d) of the National Traffic and Motor Vehicle Safety Act o 1966 prohibits a State from establishing or continuing in effect any motor vehicle safety standard applicable to the same aspect of performance of a vehicle or equipment item as a Federal standard which is not identical to it. We interpret Standard No. 108 as requiring only that the color of the taillamp 'indication' be red. The method by which this is accomplished is left to the vehicle manufacturer. The indication could be provided by a combination of a white bulb and a red lens (the conventional taillamp), a red bulb and white lens (permitted by California) or, as in your case, a red bulb and an amber lens. Although the color of the taillamp lens is not directly specified by Standard No. 108, the performance of the lamp as an assembly is covered in detail by the standard, and we consider that the color aspects of taillamps are within the scope of these requirements. If the lamp assembly complies with the Federal standard, then a State may not prohibit its use. We therefore find that in this instance 49 CFR 571.108, Federal Motor Vehicle Safety Standard No. 108, renders void the requirement of Section 25950 of the California Vehicle Code that unlighted taillamps be colored red.; Sincerely, James C. Schultz, 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.