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: aiam3512OpenMr. Joseph Granatelli, President, Grancor, Inc., 929 Olympic Boulevard, Santa Monica, CA 90404; Mr. Joseph Granatelli President Grancor Inc. 929 Olympic Boulevard Santa Monica CA 90404; Dear Mr. Granatelli: This is in reply to your letter of November 17, 1981, with respect t 'a non-substantive disagreement' of your Safety Alert Device 'with a strict interpretation of (FMVSS No. 108)'. Your system is wired into and operated through a vehicle's back-up lamp system which you have modified by adding 'a yellow sleeve over half of the back-up light bulb'. You state that the light cast is 'essentially the same as the white light. You further say that any deviation from Standard No. 108's requirement that back-up lamps emit white light is 'nonsubstantive'.; I assume that your letter to me is in response to the one that Georg Parker, Chief, Crash Avoidance Division, sent you on September 2, 1981. In that letter he explained that S4.1.3 prohibits the addition of equipment 'that impairs the effectiveness of lighting equipment' required by Standard No. 108, and stated that any activation of your system while the back-up lamps are in operation would be covered by this prohibition. As for color, you were informed that S4.1.3 imposed an absolute prohibition if the color of the light emitted by the deceleration warning system were green or white.; We cannot concur that the deviation from Standard No. 108 i 'non-substantive'. Standard No. 108 requires back-up lamps to be installed in motor vehicles and to emit a white light. We view S4.1.3 as precluding any device that would operate lighting equipment required by Standard No. 108 for a purpose other than that for which it is originally installed. Further, even if your system did not operate through the back-up lamp system but through separate and additional lamps, we would view use of a color other than red or amber as an impairment of the equipment originally installed to indicate the deceleration through braking of the vehicle (*i.e.*,, stop lamps).; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4687OpenMr. M. Iwase General Manager Technical Administration Department Koito Mfg. Co. Ltd. Shizuoka Works 500, Kitawaki Shimizu-Shi, Shizuoka-Ken Japan; Mr. M. Iwase General Manager Technical Administration Department Koito Mfg. Co. Ltd. Shizuoka Works 500 Kitawaki Shimizu-Shi Shizuoka-Ken Japan; Dear Mr. Iwase: This is in response to your letter of November 20, l99 with respect to 'interpretation and/or petition' concerning combination headlighting systems. Koito has asked about the permissibility of two or four lamp headlighting systems in which the upper beam would be provided by integral beam headlamps, and the lower beam by replaceable bulb headlamps. The systems you describe would not be permissible under Standard No. 108, which allows only the three types of headlighting systems that you mention. Integral beam headlighting systems must be comprised of integral beam headlamps which, by definition, are headlamps other than sealed beam or replaceable bulb headlamps. Replaceable bulb headlighting systems are those that incorporate the standardized replaceable light sources listed in Standard No. 108. We are transmitting your request to the Office of Rulemaking, for consideration as a petition for rulemaking. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam3142OpenMr. Alan L. Sinder, Manager, Vehicle Products Group, Veeder-Root Company, Hartford, Connecticut 06102; Mr. Alan L. Sinder Manager Vehicle Products Group Veeder-Root Company Hartford Connecticut 06102; Dear Mr. Sinder: This is in response to your letter of August 21, 1979, asking whethe Federal Motor Vehicle Safety Standard No. 127, *Speedometers and Odometers*, applies to your product, the Veeder-Root 7-Day Tachograph, and whether the odometer provisions of the standard would apply if your product were installed in vehicles with gross vehicle weight ratings (GVWR) of less than 16,000 pounds. You also asked whether a tachograph installed in a school bus as a replacement for the speedometer and marked with speeds from 0 to 50 mph on both the dial and on the inside chart would comply with Safety Standard 127.; Section 4.1.1 of Safety Standard 127 requires that 'each motor vehicl shall have a speedometer that meets the requirements ...' of the standard. Section 4.2.1 requires that 'each motor vehicle with a gross vehicle weight rating of 16,000 pounds or less shall have an odometer that meets the requirements ...' of the standard. Therefore a tachograph installed in lieu of the speedometer and odometer in a new vehicle with a gross vehicle weight rating of 16,000 pounds or less must meet both the speedometer and the odometer requirements of Safety Standard 127. If the new vehicle in which the tachograph were installed had a gross vehicle weight rating greater than 16,000 pounds the speedometer requirement of Safety Standard 127 would apply but the odometer requirements would not.; If the tachograph were installed in a new vehicle as a supplement to existing speedometer and odometer which meet the requirements of Safety Standard 127, the provisions of Safety Standard No. 127 would not apply to the tachograph.; Section 4.1.4 of Safety Standard 127 provides that: >>>No speedometer shall have graduation or numerical values for speed greater than 140 km/h and 85 mph and shall not otherwise indicate such speeds.<<<; Although this section specifies the maximum speed indication which ma appear on the dial of a speedometer, it does not prohibit the use of a lower maximum speed indication. Section 4.1.5 of the standard provides that 'each speedometer shall include the numeral '55' in the mph scale.' However, this provision assumes that the speedometer dial will have calibrations for speeds in excess of 55 mph. If the speedometer dial will not include calibrations for speeds of 55 mph and above, then there is no requirement that the numeral 55 be included in the mph scale. This follows from the rationale on which Safety Standard 127 is based, which is to reduce the temptation for drivers to test the top speeds of their vehicles and to induce greater compliance with the national maximum speed limit of 55 mph.; I hope that you will find this response helpful and have not bee greatly inconvenienced by our delay in sending it to you.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1485OpenMr. Rick Shue, Product Safety Engineer, Volvo of America Corporation, Rockleigh, NJ 07647; Mr. Rick Shue Product Safety Engineer Volvo of America Corporation Rockleigh NJ 07647; Dear Mr. Shue:#This is in reply to your letter of April 15, 1974, t Mr. Schneider requesting an interpretation of identification requirements of Standard No. 101 as it applies to your proposed 1975 headlamp switch identification plate.#The standard provides that a symbol may be used to identify the lighting control. Your plate would use three symbols to identify lighting control operational positions, a different matter. Therefore, your use of the plate is not prohibited by Standard No. 101.#In response to your other questions, as this agency has previously noted (36 F.R. 8296, May 4, 1971), the NHTSA intends the headlamp symbol to be representative only and 'A symbol resembling the one published, with as few as three rays of light, may be used. . . .' The beams of the headlamp symbol, however, must face in the direction shown in Table I, to the right of the lamp. We have proposed adoption of the ISO symbol in which the beams are to the left (38 F.R. 26940, September 27, 1973) but no action has been taken on the proposal.#Yours truly, Richard B. Dyson, Assistant Chief Counsel; |
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ID: aiam2303OpenMr. Marvin L. Hancks, Chief, Procurement Law Division, Headquarters, U.S. Army Armament Command, Department of the Army, Rock Island, Illinois 61201; Mr. Marvin L. Hancks Chief Procurement Law Division Headquarters U.S. Army Armament Command Department of the Army Rock Island Illinois 61201; Dear Mr. Hancks: This responds to your April 13, 1976, request for written confirmatio that the requirements of paragraph S5.2.2.2 of Standard No. 116, *Motor Vehicle Brake Fluids*, do not preclude the use of brake fluid dispensing devices which are used without attachment to the brake fluid container.; Paragraph S5.2.2.2 of Standard no. 116 specifies the information tha packagers of brake fluids are required to place on the outside of the brake fluid container. Subsection (g) of this paragraph specifies four warnings that must be marked on the container. There labeling requirements apply only to the brake fluid container. The requirements do not apply to use of the brake fluid, and therefore do not create duties on the part of the user to abide by the warnings. The purpose of these requirements is only to ensure that purchasers are warned of potential safety hazards that can result from improper use and storage of the product.; Sincerely, Stephen P. Wood, Assistant Chief Counsel |
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ID: aiam3841OpenJohn G. Bobak, President, Crest Industries, Inc., 3841 13th Street, Wyandolte, MI 48192; John G. Bobak President Crest Industries Inc. 3841 13th Street Wyandolte MI 48192; Dear Mr. Bobak: This responds to your letter of May 9, 1984, regarding the applicatio of Federal motor vehicle safety standard No. 212, *Windshield retention* and standard No. 216, *Roof crush resistance* to aftermarket windshield adhesives. Your specific question concerned a statement made by Kent Industries that its urethane windshield adjesive 'meets and exceeds' those two standards.; You are correct in your understanding that Standards Nos. 212 and 21 only apply to newly manufactured motor vheicles. The standards establish a certain level of performance for those vehicles and do not set specifications for such individual vehicle components as windshield adhesive. In addition, neither of these standards apply to items of motor vehicle equipment, such as windshield adhesive, sold as aftermarket products.; If you have any further questions please let me know. Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam2753OpenG. K. Pilz, Manager, Product Compliance, Mercedes-Benz of N.A., One Mercedes Drive, Montvale, NJ 07645; G. K. Pilz Manager Product Compliance Mercedes-Benz of N.A. One Mercedes Drive Montvale NJ 07645; Dear Mr. Pilz: This responds to your February 1, 1978, letter asking whether you certification label complies with the requirements of Part 567, *Certification*.Your certification would state the gross vehicle and axle weight ratings in both pounds and kilograms. In the past, the agency has permitted this approach for the purpose of international harmonization of measurements. Therefore, your proposed label appears to comply with the requirements.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam5096OpenEmmett Koelsch Coaches ATTN: Kim Welsh 926 Delaware Longview, WA 98632; Emmett Koelsch Coaches ATTN: Kim Welsh 926 Delaware Longview WA 98632; "Dear Sir/Madam: Your letter of November 5, 1992 addressed to th Department of Transportation Publications Department was forwarded to this office for response. In your letter you requested a copy of the Federal motor vehicle safety standards pertaining to school buses 'and other Transit type vehicles.' The Federal motor vehicle safety standards issued by this agency, the National Highway Traffic Safety Administration (NHTSA), apply to all classes and categories of motor vehicles, including passenger cars, trucks, buses of all types including school buses, multipurpose passenger vehicles, and the like. Excluded from the definition of motor vehicles are such vehicles as farm tractors, earth-moving equipment, and other off-road vehicles. For your information, I am enclosing a pamphlet issued by this agency entitled Federal Motor Vehicle Safety Standards and Regulations, which summarizes our safety standards. Also enclosed are copies of two fact sheets issued by this office entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment and Where to Obtain NHTSA's Safety Standards and Regulations. You did not elaborate on what was meant by 'Transit type vehicles.' If you were referring to intercity buses, you should contact the Office of Motor Carrier Standards, Federal Highway Administration, Room 3404, this address for information on their pertinent standards and regulations. For information on intracity buses, you should contact the Federal Transit Administration, Room 9328, this address. Finally, for information regarding implementation of the Americans with Disabilities Act, you should contact the Office of Technical and Information Services, U.S. Architectural and Transportation Barriers Compliance Board, 1331 F Street N.W., Suite 1000, Washington, DC 20004-1111. I hope this information is helpful. If after examining this material you have more specific questions, please feel free to contact Mr. Walter Myers of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosures"; |
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ID: aiam0294OpenMr. Francis M. Coffey, Jr., Automotive Safety Engineering, General Motors Engineering Staff, General Motors Technical Center, Warren, MI, 48090; Mr. Francis M. Coffey Jr. Automotive Safety Engineering General Motors Engineering Staff General Motors Technical Center Warren MI 48090; Dear Mr. Coffey: This is in reply to your letter of February 12, 1971, to Mr. R. A Diaz, Acting Associate Administrator, concerning an error in Federal Motor Vehicle Safety Standard No. 108.; SAE Standard J954 referenced in Table III is an error, this should b J945, and will be corrected in a future amendment.; Thank you for calling this to our attention. Sincerely, Roger H. Compton, Director, Office of Operating Systems Motor Vehicle Programs; |
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ID: aiam5242OpenMr. Joey Ferrari Director Technical Sales Grant Products 700 Allen Avenue Glendale, CA 91201; Mr. Joey Ferrari Director Technical Sales Grant Products 700 Allen Avenue Glendale CA 91201; "Dear Mr. Ferrari: This responds to your letter of August 31, 1993 concerning aftermarket steering wheels. Your questions concerned replacement of the steering wheel in a vehicle equipped with an air bag with an aftermarket steering wheel manufactured by your company. The steering wheel you manufacture is not equipped with an air bag. Before answering your questions, some background information may be helpful. The National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (the Safety Act) to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. NHTSA has exercised this authority to issue Standard No. 208, Occupant Crash Protection. Among other things, Standard No. 208 requires that passenger cars be equipped with automatic crash protection. Light trucks will also be required to provide automatic crash protection beginning with the 1995 model year. Vehicles equipped with automatic crash protection protect their occupants by means that require no action by vehicle occupants. Compliance with the automatic crash protection requirements of Standard No. 208 is determined in a dynamic crash test. That is, a vehicle must comply with specified injury criteria, as measured on a test dummy, when tested by this agency in a 30 mph barrier crash test. At this time, manufacturers are not required to use a specific method of automatic crash protection to meet the requirements of Standard No. 208. The two types of automatic crash protection currently offered on new passenger cars are automatic safety belts (which help to assure belt use) and air bags (which supplement safety belts and offer some protection even when safety belts are not used). However, a new Federal statutory requirement makes air bags mandatory in all passenger cars and light trucks by the late 1990's. Your specific questions are addressed below. Where more than one question concerns a common issue, they are addressed by a single response. The responses to your questions explain: (1) Federal law does prevent a repair shop from removing an operating air bag, (2) Federal law does not require a vehicle to have a usable air bag for its life, prevent a private individual from removing the air bag in the vehicle, require a usable air bag before a used vehicle can be sold, or require replacement of an air bag deployed in an accident, (3) State law may address these issues, and (4) our agency strongly discourages owners from removing or modifying the safety systems in their vehicles, and urges the replacement of these systems when they are not functional, to ensure that the vehicles will continue to provide maximum crash protection for occupants. 1. If a vehicle is originally equipped with an air bag, must it have an operable air bag system for its entire useful life? 2. If a repair shop removes an operating air bag system and replaces it with a Grant product not having an air bag: A. Is this legal or illegal? B. If illegal which party is liable? 3. If a private individual removes an operating air bag system and replaces it with a Grant product not having an air bag: A. Is this legal or illegal? B. If illegal which party is liable? 6. Upon resale of a vehicle from the first owner (individual) to a second or subsequent owner, must the vehicle have an operable air bag system as originally equipped? The Safety Act prohibits any person from manufacturing, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. However, the Safety Act also provides that once a vehicle is sold and delivered to its first retail purchaser, the vehicle is no longer required by Federal law to comply with the safety standards. However, States have authority to require that used vehicles have certain equipment installed and functioning for the vehicles to be registered or sold. After the first retail purchase of a vehicle, a provision in Federal law that affects a vehicle's continuing compliance with an applicable safety standard is the 'render inoperative' provision of the Safety Act which provides that: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard. In the case of a vehicle equipped with air bags pursuant to Standard No. 208, this section would prohibit any manufacturer, distributor, dealer, or repair business from removing, disabling, or otherwise 'rendering inoperative' the air bags. Any violation of this 'render inoperative' provision would subject the violator to a potential civil penalty of up to $1,000 for each violation. Please note that the 'render inoperative' provision does not apply to modifications vehicle owners make to their vehicles. I would like to caution anyone considering removal of an air bag to contact the vehicle manufacturer concerning the proper procedure for any air bag removal. Improper removal of an air bag could cause it to deploy and injure the person. 4. After an accident in which the air bag was deployed, must a repair shop or individual replace the air bag and/or system so that it is again operable as originally equipped? 5. After an accident in which the air bag was deployed, can a repair shop or individual replace the air bag with a Grant product not having an air bag? The 'render inoperative' provision does not impose an affirmative duty on repair shops to replace equipment that was previously removed by someone else, or to repair equipment that was damaged in a crash. Thus, a repair shop could replace the steering wheel after an accident that deployed the air bag with a steering wheel that was not equipped with an air bag. However, despite the absence of any requirement in Federal law, repair shops may still be required by State law to replace deployed air bags, or they may be liable for failing to do so. 7. If we have a potential liability exposure for someone using our products to replace an original air bag, what do we need to do to limit this exposure? We suggest that you consult a private attorney familiar with the law regarding potential liability in tort for an answer to this question. While such issues are beyond this agency's area of expertise, we do note that every State provides for some degree of civil liability for consumer products and repair work. As a final note, and in addition to the legal considerations, it is NHTSA's strong policy that air bags not be removed, and that air bags always be replaced following deployment, unless the vehicle is to be junked. While air bags are in some respects 'supplemental' to safety belts, in that the air bags provide additional protection, the air bags are nevertheless vitally important to the vehicle's overall capability to protect occupants in a crash. Air bags provide some protection, even if the safety belt is not worn, and the safety belt system is designed to work in conjunction with the air bag in serious frontal crashes. Additionally, the consumer information available to a subsequent purchaser of the vehicle would identify it as one equipped with air bags. The purchaser may well expect a used car to include the safety equipment that was provided by the original manufacturer. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting 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.