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: aiam0074OpenMr. Donald E. Clauson, President, Clauson Manufacturing Company, Inc., U.S. Highway 31-W, Bonnieville, KY 42713; Mr. Donald E. Clauson President Clauson Manufacturing Company Inc. U.S. Highway 31-W Bonnieville KY 42713; Dear Mr. Clauson: Your letter of May 20, 1968, to Mr. Bridwell, concerning pickup covers has been referred to me for reply.; Pickup covers which you describe are considered to be in the sam category as slide-in campers and are items of motor vehicle equipment for use in motor vehicles. As such pickup covers must meet the requirements of Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials* - *Passenger Cars, Multipurpose Passenger Vehicles, Trucks, Buses and Motorcycles*.; Sincerely, William H. Risteen, Office of Standards on Crash- Injur Reduction, Motor Vehicle Safety Performance Service; |
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ID: aiam2049OpenLeonard A. Fink, Esq., Messrs. Friedman, Medalie, Ochs and Jacks, 1700 Pennsylvania Avenue, N.W., Washington, DC 20006; Leonard A. Fink Esq. Messrs. Friedman Medalie Ochs and Jacks 1700 Pennsylvania Avenue N.W. Washington DC 20006; Dear Mr. Fink: This is in reply to your letter of September 3, 1975, concernin Federal preemption of State motor vehicle safety standards. You ask for confirmation that there is no Federal requirement for turn signal lamps or a dual beam headlamp on a motor-driven cycle whose maximum speed does not exceed 30 mph, and that a State is preempted from requiring such items of equipment on these vehicles.; As you noted, 15 U.S.C. 1392(d) provides that where a Federal moto vehicle safety standard is in effect, a State may not establish or maintain in effect a different standard that covers the same aspect of performance as the Federal standard. Federal Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment* (49 CFR 571.108), establishes the Federal requirements for motorcycle lighting. All motorcycles manufactured between January 1, 1973, and October 14, 1974, were required to be equipped with turn signal lamps. However, effective October 14, 1974, a motorcycle with 5 horsepower or less whose top speed does not exceed 30 mph need not be manufactured with turn signal lamps as required lighting equipment (S4.1.1.26 of Standard No. 108). Any motorcycle with 5 horsepower or less manufactured on or after January 1, 1969, may be equipped with either a single or multiple beam headlamp (Table III, Standard No. 108, incorporating by reference SAE Standard J584, *Motorcycle and Motor Driven Cycle Headlamps*, April 1964. See Table 1 of J584). This means, pursuant to 15 U.S.C. 1392(d), that a State is preempted from requiring a motorcycle with 5 horsepower or less to be equipped with a multiple beam headlamp if its manufacturer has equipped it with a single beam one. It also means that, if a motorcycle with 5 horsepower or less whose speed does not exceed 30 mph is not equipped with turn signal lamps, a State may not require them.; I hope you will find this of assistance to your clients, Steyr Daimler-Puch, A. G., and Bombardier, Ltd.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam5276OpenMr. Leo Chung Operational Services Genstar Container Corporation 505 Montgomery Street San Francisco, CA 94111-2584; Mr. Leo Chung Operational Services Genstar Container Corporation 505 Montgomery Street San Francisco CA 94111-2584; "Dear Mr. Chung: This responds to your letter of November 3, 1993, t Mr. Vinson of this Office, with respect to calculation of the application of conspicuity treatment to container chassis trailers. The length of the gooseneck is included in determining the overall length of the trailer for purposes of calculating the half length that must be covered by the conspicuity treatment (which, of course, would be greater than half the length behind the gooseneck). For example, let us say that the overall length of the trailer is 40 feet, including an 8-foot gooseneck. The amount of the side to be covered is not less than 20 feet. The area to be covered is the 32 feet between the rear bolster to the point immediately behind the gooseneck's terminus. Thus, at least 20 feet of this 32-foot length must be covered in order to comply with Standard No. 108. There is nothing in Standard No. 108 that precludes the application of retroreflective sheeting to the gooseneck. Indeed, some manufacturers may wish to do so to provide conspicuity of the trailer side when the trailer is traveling without its cargo. However, any conspicuity treatment on a gooseneck is not counted in determining whether at least half the trailer side is covered. I hope that this clarifies the matter for you. Sincerely, John Womack Acting Chief Counsel "; |
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ID: aiam3208OpenMr. Jay Blanchard, Administrative Assistant, Diesel Fuel Saver, P.O. Box 516, Russell, IA 50238; Mr. Jay Blanchard Administrative Assistant Diesel Fuel Saver P.O. Box 516 Russell IA 50238; Dear Mr. Blanchard: This responds to your February 8, 1980, letter requesting confirmatio of statements made to you by an NHTSA engineer, Robert Williams. Apparently, Mr. Williams stated that your product, the 'Diesel Fuel Saver,' would comply with Safety Standard No. 301-75, *Fuel System Integrity* (49 CFR 571.301-75).; As you describe the product, the 'Diesel Fuel Saver' is a piece o aftermarket equipment that can be readily attached to diesel fuel systems to heat the fuel and ostensibly increase fuel economy. However, Safety Standard No. 301-75 is only applicable to new vehicles and, therefore, would not apply to motor vehicle equipment such as yours unless it is installed on new vehicles. Further, Safety Standard No. 301-75 does not specify design requirements for individual components of fuel systems. Rather, the standard specifies performance requirements that must be achieved by vehicle fuel systems during barrier crash tests.; There are no other safety standards that would be applicable to you product. However, you would be responsible under the National Traffic and Motor Vehicle Safety Act, amended 1974 (15 U.S.C. 1381, *et seq*.), our enabling authority, for any defects in the 'Diesel Fuel Saver' relating to motor vehicle safety. This means that you would have to notify purchasers of your product of any such defects that might exist and remedy those defects at your own expense.; Although Safety Standard No. 301-75 is not directly applicable to th 'Diesel Fuel Saver,' the standard does create responsibilities for certain persons who may install the product.; Section 108(a)(2)(A) of the Vehicle Safety Act specifies that n manufacturer, dealer, distributor or motor vehicle repair business may knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle in compliance with a Federal motor vehicle safety standard. This means that none of the mentioned persons, which could include your own company, would be permitted to install the 'Diesel Fuel Saver' on a motor vehicle if the equipment would destroy the vehicle's compliance with Safety Standard No. 301-75 (or any other applicable safety standard). Therefore, as a responsible manufacturer, you should determine whether vehicles can meet the performance requirements specified in Safety Standard No. 301-75 with your product installed. The prohibition in section 108(a)(2)(A) only applies to those persons mentioned above. Therefore, a private individual (the vehicles owner, for example) could install the 'Diesel Fuel Saver' with impunity, regardless of whether the vehicle thereafter complies with Safety Standard No. 301-75. This, of course, would not remove your liability in private litigation.; I hope this have been responsive to your inquiry. If you have an further questions, please contact Hugh Oates of my office at 202-426-2992.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1235OpenMrs. Faye Cannon, Cannon's Cycle Center, Inc., P.O. Drawer 4566, 2159 Hoffmeyer Road, Florence, SC 29501; Mrs. Faye Cannon Cannon's Cycle Center Inc. P.O. Drawer 4566 2159 Hoffmeyer Road Florence SC 29501; Dear Mrs. Cannon: Robert Aubuchon of this agency has asked us to respond to your recen inquiry whether the Solex motor bicycle is a 'motor vehicle' under our regulations, and, if so, how we would categorize it. You are also interested in knowing how our views affect South Carolina's proposed redefinition of bicycle.; Since the Solex is manufactured primarily for use on the public roads it is a 'motor vehicle' as defined by the National Traffic and Motor Vehicle Safety Act of 1966, specifically a 'motorcycle'. As such, it must meet all Federal motor vehicle safety standards applicable to 'motorcycles', and be so certified by its manufacturer. The only such standard currently in effect is No. 108, *Lamps, Reflective Devices and Associated Equipment*, but standards on controls (No. 122) and braking (No. 123) will become effective January 1, 1974 and September 1, 1974 respectively.; While the proposed South Carolina redefinition of 'bicycle' appears t encompass the Solex, the State by so doing could neither relieve the manufacturer from the obligation of complying with Federal motorcycle safety standards, nor impose requirements different from Standards Nos. 108, 122, and 123 as to those aspects of performance covered by the Federal standards.; I hope this answers your questions. Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4037OpenMr. Aslam Khan, Director, Mutual Trading Corporation, 222 West Adams, Chicago, Il 60606; Mr. Aslam Khan Director Mutual Trading Corporation 222 West Adams Chicago Il 60606; Dear Mr. Khan: This responds to your letter to this agency, asking how our regulation affect the importation and sale of tires in the United States. There are several applicable requirements set forth in our standards and regulations, which are discussed below.; All tires imported into the United States for use on passenger car must be certified as complying with Federal Motor Vehicle Safety Standard No. 109 and all tires imported for use on other types of motor vehicles must be certified as complying with Federal Motor Vehicle Safety Standard No. 119. I have enclosed copies of both of these standards for your information. You will see that the standards specify performance requirements (strength, endurance, high speed, and, for passenger car tires only, resistance to bead unseating), marking requirements (treadwear indicators and labeling information), and tire and rim matching information requirements which must be satisfied by each tire sold in the United States.; With respect to these performance requirements, you stated that th tires' manufacturers 'have our approval for the DOT markings.' The United States does not give 'approval' for certification markings. For the purposes of our safety standards, a tire manufacturer must itself certify that its tires comply with all the requirements of the applicable safety standards. Once a tire manufacturer determines that its tires satisfy the applicable requirements, it certifies that compliance by molding the letters 'DOT' on one sidewall of each certified tire.; For purposes of enforcement of the safety standards, this agenc conducts spot checks of tires after they have been certified, by purchasing and testing the tires in accordance with the applicable standard. If the tires pass the test, no further steps are taken.; If the tires fail the tests and are determined not to comply with th applicable standards or if it is determined that the tires contain a safety-related defect, the manufacturer of the tires is required to remedy the problem. Your company would be considered the manufacturer of the tires, because you are the brand name owner and the importer. Section 154(a)(2)(B) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1414(a)(2)(B)) specifies that, in the case of tires that fail to comply with a standard or contain a safety-related defect, the manufacturer may elect to either:; >>>(1) repair the tires so that the defect or noncompliance is removed or; (2) replace the tire with an identical or reasonably equivalent tir that does not have the defect or noncompliance. <<<; Whichever of these options is chosen, the tire manufacturer must bea the expense and cannot charge the tire owner for the remedy.; It is a simple matter to check the tires to see that the markin requirements of the respective standards are satisfied.; With respect to the tire and rim matching information, thi information, together with the loading schedules for the tire size (the loading schedules show the maximum load the tire can carry at designated inflation pressures) must either be set forth in a current standardization organization publication or be furnished by the manufacturer to each of its dealers and in duplicate to this agency. You may wish to obtain a copy of the most current publication by the American standardization organization to see if your company can use the loading schedules and tire and rim matching information published therein for the particular tire sizes you wish to sell in the United States. That publication may be ordered by sending $8.50 plus postage costs to: The Tire and Rim Association, 3200 West Market Street, Akron, Ohio 44313. If the tire sizes and corresponding rims listed in that publication for your tire sizes are satisfactory, you need take no further steps to comply with this requirement. However, if your sizes are not listed or your company believes different values should be assigned, you may consult the publications of other standardization organizations or you may elect to furnish the appropriate information to this agency and to each of your dealers. I am enclosing a copy of another regulation that applies to the tires you seek to import, 49 CFR Part 574, *Tire Identification and Recordkeeping*. Section 574.7 of this regulation requires your company, as the brand name owner of new tires, to furnish an adequate supply of tire registration forms to dealers selling your tires. These forms are used to record the name and address of the first purchaser of each tire. The completed forms will be returned to you, or some party designated by your company. Your company is required to maintain the information on the tire registration forms for a period of not less than three years from the date on which you or some designee receive the information.; Further, Part 574 requires every tire sold in this country to b labeled with certain information (see S574.5), including the identification mark assigned to the manufacturer. To get an identification mark, the actual manufacturer of the tires must provide the information specified in S574.6 of the regulation. A different identification mark will be assigned to each of the manufacturer's different plants. Please note that an identification mark will be assigned only to the actual manufacturer of the tires, and not to your company which only imports the tires. This is because S574.5 requires that this identification mark be molded into or onto all new tires. The only party that can mold the mark into or onto the tire is the actual manufacturer. An identification mark is normally assigned within two weeks after the receipt of such a request.; However, the identification mark will *not* be assigned until thi agency has received a valid designation of agent from the tire manufacturer, as required by 49 CFR Part 551 (copy enclosed). This regulation requires all manufacturers located outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of process in this country. Part 551 requires that the designation of agent contain the following six items of information:; 1. A certification that the designation is valid in form and binding o 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 addres of the foreign tire manufacturer,; 3. Marks, trade names, or other designation of origin of any of tha manufacturer's tires which do not bear the name of the company,; 4. A statement that the designation shall remain in effect unti withdrawn or replaced by the foreign tire manufacturer.; 5. A declaration of acceptance duly signed by the agent appointed b the foreign tire manufacturer, and the agent may be an individual or a U.S. firm or corporation, and; 6. The full legal name and address of the designated agent. If you need any further information or a clarification of some of th information set forth in this letter, please contact Steve Kratzke of my staff at this address or by telephone (202) 426- 2992.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3658OpenMr. M. Iwase, Manager, Technical Administration Department, Koito Mfg. Co., Shizuoka Works, 500, Kitawaki, Shimizu-Shi, Shizuoka-Ken, Japan; Mr. M. Iwase Manager Technical Administration Department Koito Mfg. Co. Shizuoka Works 500 Kitawaki Shimizu-Shi Shizuoka-Ken Japan; Dear Mr. Iwase: This is in reply to your letter of January 27, 1983, to Mr. Elliott o this agency asking whether your 'lighting device with 1 bulb and 2 functions' is permissible under Federal Motor Vehicle Safety Standard No. 108.; The front combination lamp design (parking lamp and side marker lam functions) is permissible provided that, as you note, all color and photometric requirements for the respective functions are met.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1665OpenMs. Joan M. Markey, Rogers and Wells, 200 Park Avenue, New York, NY 10017; Ms. Joan M. Markey Rogers and Wells 200 Park Avenue New York NY 10017; Dear Ms. Markey: This is in response to the October 22, 1974 letter from Mr. James L Warren inquiring as to the existence of any Federal safety regulations requiring that a warning against welding be affixed to motor vehicle fuel tanks.; This agency has promulgated no regulation requiring manufacturers t affix a label to the fuel tanks of their vehicles warning against welding. A safety standard does exist which establishes performance levels of fuel systems (49 CFR 571.301). However, the standard's requirements focus on the strength and durability of the system and do not include requirements for labeling.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam0977OpenMr. William M. Hicks, Colson & Hicks, Law Offices, 66 West Flagler Street, Miami, Florida 33130; Mr. William M. Hicks Colson & Hicks Law Offices 66 West Flagler Street Miami Florida 33130; Dear Mr. Hicks: This is in response to your letter of January 25, 1973, which requeste information on Federal Motor Vehicle Safety Standard No. 124, *Accelerator Control Systems*.; This standard was issued by the National Highway Traffic Safet Administration on March 31, 1972. A copy of the standard, including a preamble discussing issues raised in public comments, is enclosed for your review and information.; We appreciate your interest in motor vehicle safety. If we can be o any further service, please let us know.; Sincerely, E.T. Driver, Director, Office of Operating Systems, Moto Vehicle Programs; |
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ID: aiam4467OpenMr. Dana Strahan City of Orange Water Department P. O. Box 449 Orange, CA 92666-1591; Mr. Dana Strahan City of Orange Water Department P. O. Box 449 Orange CA 92666-1591; "Dear Mr. Strahan: This is in response to your inquiry earlier thi year to Mr. Ralph Hitchcock of our Rulemaking Division, in which you asked for information about Federal regulations that apply to the labeling of a vehicle that has been modified to increase its gross vehicle weight rating (GVWR) above that on the original label. I am pleased to have this opportunity to explain our certification regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. As you are aware, our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. 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. For the purposes of this response, I have assumed that you were concerned about modifying vehicles that are already owned by the City of Orange Water Department. If this is incorrect, and you plan to modify new vehicles before their first sale or your department is in the business of modifying other persons' vehicles, please let me know because different requirements would apply. Neither the Safety Act nor any of our standards and regulations apply to modifications individual vehicle owners make to their own vehicles. Therefore, as a local government agency, the city of Orange, using in-house resources, can perform whatever modifications it desires to its own vehicles. Similarly, our certification regulation does not require modifiers of used vehicles to provide a separate certification label for the modified vehicle. As a word of caution, however, we suggest that any modification made to a vehicle that changes the GVWR assigned by the vehicle's original manufacturer should only be done after the modifier has made a thorough engineering analysis of the entire vehicle. We would suggest that you contact the original vehicle manufacturer for help in making such an analysis. You also indicated that you were concerned about potential liability that could arise if no additional label were affixed to show the modified vehicle's new GVWR. As explained above, a person modifying his or her own vehicle after its first purchase would not be subject to any potential liability under Federal law. If you are asking for information about potential liability under the laws of the State of California, this agency does not comment on such potential liability. I suggest that you contact the Attorney General for the State of California or a local attorney for an opinion about potential liability under California law. I hope this information proves helpful. Please contact this agency again if we can be of further assistance. Sincerely, Erika Z. Jones 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.