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: aiam0648OpenMr. Vern A. Moultrie, Manager, Manufacturing & Service, Schetky Equipment Corporation, P. O. Box 13365, Portland, OR 97213; Mr. Vern A. Moultrie Manager Manufacturing & Service Schetky Equipment Corporation P. O. Box 13365 Portland OR 97213; Dear Mr. Moultrie: This is in reply to your letter of March 16, 1972, in which you reques clarification of the Certification requirements (49 CFR Part 567). You ask whether certification is necessary, mentioning specifically certification to Motor Vehicle Safety Standard No.108, when you install new dump bodies on used chassis manufactured both before and after January 1, 1968.; The motor vehicle safety standards apply only to new vehicles, an neither compliance with the standards nor 'Certification' is required if you are installing truck bodies on used chassis.; We are pleased to be of assistance. Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam2360OpenMr. Arthur J. Laine, Jr., Master Mechanic, Plymouth Fire Department, Plymouth, ME 02360; Mr. Arthur J. Laine Jr. Master Mechanic Plymouth Fire Department Plymouth ME 02360; Dear Mr. Laine: This responds to your June 22, 1976, request to know when Standard No 121, *Air Brake Systems*, became applicable to firefighting vehicles, and whether the date of manufacture of the chassis or the date of manufacture of the completed vehicle is relevant for purposes of the standard's applicability. You also ask whether the chassis manufacture or the final manufacturer who completes the vehicle is responsible for complying with applicable safety standards.; Standard No. 121 applies to firefighting vehicles manufactured on o after June 1, 1976. I have enclosed a copy of the standard, which includes a listing of effective dates in section S3, *Applicability*.; Because most trucks are manufactured in two or more stages, the NHTS has issued a regulation that assigns responsibilities to the incomplete vehicle manufacture, intermediate manufacturers, and the final-stage manufacturer for ensuring conformity of the vehicle with safety standards (Part 568, *Vehicles Manufactured in Two or More Stages* (49 CFR Part 568)). Section 568.6 of this regulation requires that the final-stage manufacturer complete the vehicle in such a manner that it conforms to applicable standards. Section 568.6 does permit the final-stage manufacturer to treat as the time that manufacture is 'completed' for the purposes of certification any date no earlier than the manufacturing date of the complete vehicle and no later than the date of completion of final-stage manufacture. For example, a firefighting vehicle that is completed on a chassis built before June 1, 1976, could be legally completed by a final-stage manufacturer at any future date without conformity to Standard No. 121.; Yours truly, Frank Berndt, Acting Chief Counsel |
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ID: aiam3988OpenMr. Robert D. Bagg, 387 Chestnut Street, Oneonta, NY 13820; Mr. Robert D. Bagg 387 Chestnut Street Oneonta NY 13820; Dear Mr. Bagg: Thank you for your letter of July 5, 1985, to Stephen Oesch of my staf concerning Federal regulations that might affect a product you have developed. The information submitted with your letter describes the product as a collapsible partition that attaches to the rear of the front seat in a motor vehicle. The purpose of your product is to keep heat within the front portion of a car. The following discussion provides an explanation of how our standards would affect a device such as yours.; The National Traffic and Motor Vehicle Safety Act authorizes our agenc to issue Federal Motor Vehicle Safety Standards that apply to new motor vehicles and items of motor vehicle equipment. We have issued several standards that apply or affect the use of your product. First, we have issued Standard No. 205, *Glazing Materials*, which applies to all glazing installed in a motor vehicle, including the glazing used in an interior partition. Standard No. 205 incorporates by reference Standard ANS Z-26, 'Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highway,' of the American National Standard Institute. A copy of Standard No. 205 and ANS Z-26 are enclosed for your reference.; Standard No. 205 specifies performance requirements for various type of glazing and also regulates the locations in vehicles in which each type of glazing may be used. The various types of glazing are designated as 'Items' in the standard. Under the requirements of this standard, an interior partition to be used on a passenger vehicle at locations requisite for driving visibility, such as the device you have developed, may be manufactured out of either Item 1, Item 2, Item 4, Item 10, Item 11A, or Item 14 glazing materials.; Safety Standard No. 205 also sets forth specific certification an marking requirements for glazing materials. The marking requirements for prime glazing material manufacturers (i.e. those who fabricate, laminate, or temper the glazing material) are set out in paragraph S6.1 of the standard. In addition, section 6.3 of the standard requires each item of motor vehicle equipment to be certified pursuant to section 114 of the Vehicle Safety Act. Section 114 provides that an item of motor vehicle equipment may be certified by means of a label or tag on the item or on the outside of the container in which the equipment is delivered. The label or tag must state that the item of motor vehicle equipment complies with all applicable motor vehicle safety standards, which in this case would be Standard No. 205.; Under Section 108(a)(2)(A) of the Vehicle Safety Act, new motor vehicl equipment, such as interior partitions, must comply with applicable safety standards prior to sale. The manufacture, sale, or installation of a partition that does not conform to the standard, or the installation of a partition in a new vehicle in a location that is not authorized in Standard No. 205, would be in violation of Section 108(a)(2)(A). Under Section 109(a), anyone who sells motor vehicle equipment which does not conform to all applicable safety standards is subject to a civil penalty of up to $1,000 for each violation.; Installation of your device could also be affected by Standard No. 201 *Occupant Protection in Interior Impact*. Section 3.2 of Standard No. 201 sets energy-absorption requirements for the back of the front seat to protect the heads of rear seat occupants thrown forward in a crash. A copy of Standard No. 201 is enclosed for your reference. Therefore, if your device were installed in a new vehicle prior to its first sale to a consumer, the manufacturer would have to certify that the vehicle, as equipped, complies with all standard(sic) including Standard No. 201.; Installation of your product in a used vehicle could be affected b section 108(a)(2)(A) of the Vehicle Safety Act. In 1974, Congress amended the Vehicle Safety Act to address the problem of persons tampering with safety equipment. That section provides, in part, that:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . .<<<; Thus, no manufacturer, distributor, dealer, or motor vehicle repai business may add your product to a motor vehicle, if that action would 'render inoperative' the vehicle's compliance with Standard No. 201. The Vehicle Safety Act provides for civil penalties for persons that 'render inoperative' an element of a safety standard.; Section 108(a)(2)(A) of the Act does not apply to individual vehicl owners. Thus, individual vehicle owners can, themselves, add your product to their vehicles without violating Federal law. However, installation of your product by individual owners would have to be done in accordance with applicable State law.; Manufacturers of motor vehicle equipment also have responsibilitie under the Vehicle Safety Act regarding safety defects and noncompliances in their products. Under Sections 151 *et* *seq*., they must notify purchasers about safety-related defects and noncompliances and remedy the product free of charge. Again, Section 109(a) imposes a civil penalty upon any person who fails to provide notification of or remedy for a defect or noncompliance in motor vehicle equipment. A copy of the Vehicle Safety Act and an information sheet outlining the responsibilities of vehicle and equipment manufacturers is enclosed.; We hope you find this information helpful. Please contact this offic if you have any more questions.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam3822OpenMs. Margaret Moore Oba, Hino Motors (U.S.A.) Inc., 200 Park Avenue, Suite 4114-12, New York, NY 10166; Ms. Margaret Moore Oba Hino Motors (U.S.A.) Inc. 200 Park Avenue Suite 4114-12 New York NY 10166; Dear Ms. Oba: This responds to your March 12, 1984 letter regarding the applicabilit of Federal Motor Vehicle Safety Standards to motor vehicles imported into Guam.; Under sections 102(8), 102(9), and 108(a)(1)(A) of the National Traffi and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1391(8), 1391(9), and 1397(a)(1)(A), motor vehicles introduced into commerce in Guam are subject to Federal Motor Vehicle Safety Standards. In general, the standards apply to the same extent to vehicles imported into Guam as to those imported into the continental U.S. However, as you note in your letter, FMVSS 103 (windshield defrosting and defogging systems) does not apply outside the continental U.S., as specified in section 3 of that standard. See 49 CFR 571.103. Other standards, such as FMVSS 124, which do not limit their applicabilty to specific geographic areas, apply fully in Guam. Therefore, vehicles imported into Guam must have an accelerator control system which returns the throttle to idle over a temperature range of -40 degrees F. to +125 degrees F.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam2730OpenMr. Bjorn Svendsen, Viking-Mjondalen A/S, Postboks 55, 3051 Mjondalen, Norway; Mr. Bjorn Svendsen Viking-Mjondalen A/S Postboks 55 3051 Mjondalen Norway; Dear Mr. Svendsen: This is in response to your letter of December 19, 1977, asking whethe there are current plans to upgrade the requirements of Part 581, *Bumper Standard*, by increasing the impact test speeds to 7.5 mph.; There are, at present, no plans to increase the test speeds specifie in Part 581. If, at any time in the future, the National Highway Traffic Safety Administration determines that an upgrading of the bumper standard is in order, a Federal Register notice proposing such plans would be issued, providing all interested parties with an opportunity to comment on the suggested provisions. No final rule would be issued without a prior notice of proposed rulemaking.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam3571OpenMr. Jeff Wimer, P.O. Box 152, Auburn, IN 46706; Mr. Jeff Wimer P.O. Box 152 Auburn IN 46706; Dear Mr. Wimer: This responds to your phone request of June 11, 1982, concernin Federal motor vehicle safety standards that apply to motorcycle sidecars sold as aftermarket motor vehicle equipment.; While there are no 'sidecar' standards, certain of the items o equipment that may be found in sidecars are covered by Federal equipment safety standards. Specifically, brake hoses, lighting equipment, tires, rims, and glazing materials (if provided) would have to comply with Standards Nos. 106, 108, 119, 120 and 205. I have enclosed an information sheet explaining how you can obtain copies of the agency's safety standards.; Because a sidecar itself is an item of motor vehicle equipment, th manufacturer of any sidecar sold in the aftermarket would be responsible for notification and remedy in the event the product was determined to contain a safety-related defect.; If you have any further questions, please let me know. Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3121OpenMr. Jeff Jacobovitz, Federal Trade Commission/PC, 6th & Pennsylvania Avenue, N.W., Washington, DC 20580; Mr. Jeff Jacobovitz Federal Trade Commission/PC 6th & Pennsylvania Avenue N.W. Washington DC 20580; Dear Mr. Jacobovitz: This is in response to your letter of September 11, 1979, askin whether the National Highway Traffic Safety Administration (NHTSA) has adopted the Rubber Manufacturers Association (RMA) definition of mud and snow tire or has made any official statement regarding the validity of that definition. NHTSA has not adopted the RMA definition for use in any agency regulations, relating either to safety standards or to tire quality grading, nor has NHTSA made any official statement regarding the validity of the definition. If I can be of further assistance, do not hesitate to contact me.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4471OpenCaptain Robert W. Barthelmess Box 5744 APO, NY 09633; Captain Robert W. Barthelmess Box 5744 APO NY 09633; "Dear Captain Barthelmess: This is in reply to your letter of Decembe 30, 1987, to this agency with respect to the requirements for importing tires without the DOT symbol. You have asked whether the DOT symbol must still appear on the tires of vehicles that conform to the U.S. Federal motor vehicle safety standards. The answer is yes, there has been no change in the requirement that the DOT symbol appear on the sidewall of tires manufactured as either original or replacement equipment. The DOT is the manufacturer's certification of compliance with all applicable Federal motor vehicle safety standards. In your letter, you stated that one individual at the Army Air Force Exchange Service indicated that the DOT symbol had been replaced by a series of numbers. This individual may have confused the requirement for the DOT symbol with a different Federal requirement for an identification number to appear on tires. The tire identification number, among other things, assists in the tracing and recalling of tires which may prove to be noncomplying or defective. The requirement for the tire identification number is in addition to, not in place of, the requirement for the DOT symbol. You have also asked (with reference to service personnel like yourself who recently bought non-DOT marked tires for your U.S. type automobiles) whether there is a technical possibility of denial of entry to vehicles certified as meeting U.S. safety specification but equipped with tires not bearing the DOT symbol. The general procedure is that when a motor vehicle arrives at the port of entry it will be inspected to see whether it bears the manufacturer's certification of compliance (generally in the driver's door post area). We do not know whether Customs makes it a practice to inspect vehicles of U.S. origin for this certificate when a serviceman is returning to the States. If an inspection occurs and the vehicle bears the certification, the vehicle is admitted without further inspection. It is possible, of course, that a Customs inspector could happen to notice in passing the lack of the DOT symbol on the tires. In this instance, as the vehicle would not be in conformity with all applicable standards, the Customs inspector could require entry of the vehicle under bond, which would be released upon the importer's production of a statement to this agency that the noncompliance had been corrected. Although we are not aware of any instance in which this has actually happened, you may wish to contact Customs with respect to its inspection procedures. You may also wish to write Goodyear asking for a statement that the Vector tires comply with Standard No. 109, which could be presented to Customs should questions arise. I hope that this answers your questions. Sincerely, Erika Z. Jones Chief Counsel"; |
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ID: aiam1389OpenMr. Evan Hammond, Manager - Central Engineering, Trailmobile Technical Center, 5570 Creek Road, Cincinnati, OH, 45292; Mr. Evan Hammond Manager - Central Engineering Trailmobile Technical Center 5570 Creek Road Cincinnati OH 45292; Dear Mr. Hammond: In your letter of January 21, 1974, you cite the provision of Standar No. 108 under which 'the height of the rear clearance lamps is optional if the identification lamps are located at the top of the trailer', and suggest that a similar option be adopted for identification lamps, *i.e.*, that their height location 'be made optional if the rear clearance lamps are located as close to the top of the closed van trailer as practical'.; Clearance lamps are required by Standard No. 108 to 'indicate th overall width of the vehicle . . . as near the top as practicable'. The primary purpose of these lamps is to indicate the overall width of the vehicle, and the secondary purpose is to indicate the overall height. Identification lamps on the other hand are a system (three lamps with specified spacing) located 'as near the top as practicable'. The sole purpose of this system is to identify a vehicle as one of large size. When the widest part of a vehicle is at a point other than the highest point, such as when the fenders are separate or protrude from the body, the option in Standard No. 108 in effect allows the clearance lamps to be mounted at the widest point even though it would be practicable to mount them higher, as long as the identification lamps are mounted at the top of the vehicle, thus fulfilling the secondary function of the clearance lamps. Since the identification lamps are a system serving only the one function of identification, the clearance lamps cannot act as substitutes and the system must be mounted at the point of maximum visibility ('as close as practicable to the top of the vehicle'). To adopt your suggestion would allow a manufacturer to mount the system at the bottom of a vehicle even if it is practicable to mount them at the top, thus substantially negating the identification function the system serves. For this reason we cannot adopt the option your suggest.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam0961OpenMr. David C. Williams, Vice President, Eastman Chemical Products, Inc., Kingsport, TN 37662; Mr. David C. Williams Vice President Eastman Chemical Products Inc. Kingsport TN 37662; Dear Mr. Williams: This is in reply to your letter of December 15, 1972, requesting a opinion as to whether certain identification marks and certification statements Eastman Chemical plans to use in marketing Uvex plastic sheet will conform to Standard No. 205, 'Glazing Materials', as amended November 11, 1972, 1972 (37 F.R. 24035), and to section 114 of the National Traffic and Motor Vehicle Safety Act, which requires the certification of motor vehicles and equipment as conforming to applicable standards. You submit two sample markings: one for use by Eastman when it sells that material to further manufacturers, whom you refer to as 'fabricators', and one for use by persons other than Eastman. Similarly, you submit two certification statements, one for use by Eastman, and the other for use by its customers.; Based upon our previous dealings with Eastman regarding this product it does not seem to us that a person other than Eastman Chemical can be considered the 'fabricator' of Uvex sheet. The term 'fabricate', which is used along with 'laminate and temper' to distinguish prime glazing material manufacturers from other manufacturers, is used in the standard in its ordinary dictionary meaning, which we consider to be 'manufactures' or 'creates'. Accordingly, we have assumed Eastman to be the prime manufacturer of the material in answering the questions you raise.; The markings which you indicate will be used by Eastman will conform t the requirements of paragraph S6.1 of Standard No. 205 (assuming the letters and numbers conform to the size requirements of Section 6 of ANS Z26). If the material is to be used as a component of a specific motor vehicle or camper Eastman would be required, after April 1, 1973, to conform to paragraph S6.2 as well, by including in the mark Eastman's assigned DOT code number.; The label stamp you will supply to your customers will conform to th requirements of S6.4.; With respect to the statements you plan to use for certificatio purposes, we believe them to be unnecessarily ambiguous, and therefore to be of doubtful legal effect in meeting the certification requirement. It is the responsibility of Eastman to certify the conformity of the product to the standard. The basis for that certification is the manufacturer's entire process from design to final production. Tests which show that the material conforms are only one factor in the situation, and reference to them in the certification statement is inappropriate. We feel similarly with respect to your statement that you certify the material as meeting 'high manufacturing standards.' We recommend you certify with the statement, 'This material conforms to all applicable Federal motor vehicle safety standards.' In cases where the material will be altered by other manufacturers, they can, where possible, allow this label to remain in place, or affix a new label with the same statement.; Yours truly, Richard B. Dyson, Assistant 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.