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: aiam0073OpenMr. S. J. Fowler, Commercial Officer, Canadian Embassy, 1746 Massachusetts Avenue, NW, Washington, DC 20036; Mr. S. J. Fowler Commercial Officer Canadian Embassy 1746 Massachusetts Avenue NW Washington DC 20036; Dear Mr. Fowler: This is in response to your letters of April 15 and February 15 to Mr B. A. Boaz of the Office of Public Affairs, Federal Highway Administration.; With reference to a Canadian manufacturer of motor buses you have aske 'what safety regulations currently apply to importation of motor buses.' Federal Motor Vehicle Safety Standards Nos. 102, 107, 205, and 209 currently apply to all motor buses, in addition, Standard No. 108 applies to motor buses 80 inches or more in overall width. I enclose a copy of the Standards for your guidance, together with a copy of the regulations governing importation of these vehicles.; You have also asked advice as to placing of lights required, vehicl braking requirements, and propane tank installation for 'tent camper trailers' and 'truck campers' manufactured by Specialites (sic) Capri Limited of Montreal. Standard No. 108 applies to all trailers 80 or more inches in overall width, and specifies the lighting requirements for these vehicles. Thus far it is the only standard applicable to trailers. There are no Federal braking or propane tank installation requirements for these vehicles. The truck camper manufactured by Capri is considered motor vehicle equipment and must conform to the glazing material requirements of Standard No. 205. I enclose a copy of a recent Notice of Ruling Regarding Campers which will be of assistance to Capri.; If there are further questions we shall be glad to answer them, and am sorry for the delay in responding to you.; Sincerely, Robert M. O'Mahoney, Assistant Chief Counsel |
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ID: aiam4899OpenDavid A. McClaughry, Esq. Harness, Dickey & Pierce 5445 Corporate Drive Troy, MI 48098; David A. McClaughry Esq. Harness Dickey & Pierce 5445 Corporate Drive Troy MI 48098; "Your ref: 0364-50108 Dear Mr. McClaughry: This responds to your lette of July 11, l991, with respect to the applicability of the Federal motor vehicle safety standards (FMVSS) to a sale of motor vehicles to the United States Navy. The Navy has proposed specifications for the design of a zero-emission motor vehicle which may not meet some of the FMVSS. You are aware of the exemptions that 49 CFR 571.7(c) provides for military vehicles, and that l5 U.S.C. 1410(a)(1)(C) provides, upon the Administrator's grant of a petition, for low-emission motor vehicles. These raise certain questions which you have asked us to answer. First, you would like our interpretation of 'military vehicle.' The definition of 'military vehicle' is that contained in section 571.7(c): a vehicle manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications. This means any vehicle that the military purchases. However, if the contractual specifications require compliance with the FMVSS, the military vehicle must be manufactured to conform to the FMVSS. You have asked whether the exclusion extends 'only for FMVSS or all safety standards.' The exclusion of section 571.7(c) is only from the FMVSS. However, vehicles that are owned by the United States Government bear Government registrations. They are not subject to State licensing laws, and, therefore, are exempt from State vehicle safety standards. You have also asked if there are other military safety standards that the vehicles must satisfy. We are unaware of any military safety standards, but, if such standards exist, they would be standards of the Department of Defense, and not those of the Department of Transportation. Finally, you have asked whether your client should attempt to obtain a low-emission vehicle temporary exemption under section 1410(a)(1)(C). Because of the existing exclusion from FMVSS compliance, we see no need for such an exemption if the vehicle is sold exclusively to the Navy or another branch of the military. However, if your client intends to sell the military-specification vehicle to an entity other than the Armed Forces of the United States, it must either comply with all applicable FMVSS at the time of manufacture and sale, or be exempted under one of the four subsections of section 1410(a)(1). Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam0566OpenMr. Harry T. Armington, General Manager, universal Tire Apparatus Corporation, 613 Center, Logansport, IN 46947; Mr. Harry T. Armington General Manager universal Tire Apparatus Corporation 613 Center Logansport IN 46947; Dear Mr. Armington: This is in reply to your letter of November 12, 1971, in which yo state that you place a fire pump and body on a chassis which you purchase, and ask whether you are required to place a certification label or 'vehicle alteration label' on the vehicle.; It is unclear to us to what you refer by 'vehicle alteration label. However, based on the very limited information you have provided, it appears that you are a final- stage manufacturer under section 568.3 of the regulations covering 'Vehicles Manufactured in Two or More Stages' (49 CFR Part 568). As such you are required, pursuant to Section 568.6 to complete the vehicle so that it conforms to all applicable motor vehicle safety standards, and to certify compliance to those standards by affixing a certification label in the manner set forth in section 567.5 of the Certification regulations (49 CFR Part 567).; Copies of both the Certification regulations and regulations governin 'Vehicles Manufactured in Two or More Stages' are enclosed.; If you have further questions please write. Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4876OpenMs. Vicki Haudler 4636 S. Cedar Lake Rd. St. Louis Park, MN 55416; Ms. Vicki Haudler 4636 S. Cedar Lake Rd. St. Louis Park MN 55416; "Dear Ms. Haudler: This responds to your letter seeking furthe information about a possible determination to be made by the Secretary of Transportation under Federal Motor Vehicle Safety Standard No. 208 (49 CFR 571.208). S4.1.4.1 of Standard No. 208 provides that cars manufactured on or after September 1, 1989 must be equipped with automatic crash protection. Vehicles equipped with automatic crash protection protect their occupants by means that require no action by vehicle occupants. Compliance with the minimum performance 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. 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). As you noted in your letter, S4.1.5 of Standard No. 208 provides that: 'If the Secretary of Transportation determines, by not later than April 1, 1989, that state mandatory safety belt usage laws have been enacted that meet the criteria specified in S4.1.5.2 and that are applicable to not less than two-thirds of the total population . . ., the automatic restraint requirements will not go into effect .' You asked whether the Secretary ever made a determination under S4.1.5 regarding State safety belt use laws. The answer is no. Under S4.1.5, the Secretary was not required to make any determination about any State safety belt laws. In fact, the Secretary never did so. Because no determination was made under S4.1.5, the automatic restraint requirements went into effect as of September 1, 1989 for all passenger cars. I have returned the self-addressed, stamped envelope you enclosed in your letter. Good luck in your legal career. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam0136OpenMr. Dick Romney, Vice President, Sales Manager, Utility Body Company, 901 Gilman Street, Berkeley, CA (sic); Mr. Dick Romney Vice President Sales Manager Utility Body Company 901 Gilman Street Berkeley CA (sic); Dear Mr. Romney: Thank you for your letter of January 8, 1969, to Mr. Andrew K. Ness National Highway Safety Bureau, concerning your request for an interpretation relative to the mounting of clearance lamps.; It is required by Federal Motor Vehicle Safety Standard No. 108 tha clearance lamps be mounted as near as practicable to the upper right and left extreme edges of the vehicle. Lamps mounted at the right and left extreme edges of the widest part of the body panel shown in your sketch would meet the requirements. The mounting height of these lamps should be as high as practicable without causing objectionable glare in the rearview mirror. Retention of cab mounted clearance lamps is optional.; With respect to the requirements of Standard No. 108, I must point ou that this Bureau does not issue approval on items of lighting equipment or on vehicle designs incorporating this equipment. Therefore, comments of this Bureau are for information purposes only and in no way relieve any vehicle manufacturer from his responsibility for certifying that the assembled vehicle meets the requirements of Standard No. 108.; Sincerely, Charles A. Baker, Office of Standards on Accident Avoidance Motor Vehicle Safety Performance Service; |
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ID: aiam5334OpenMr. J. Hulshof Nedap N.V. P.O. Box 6 7140 AA Groenlo The Netherlands; Mr. J. Hulshof Nedap N.V. P.O. Box 6 7140 AA Groenlo The Netherlands; "Dear Mr. Hulshof: This responds to your letter to Mr. Patrick Boy requesting a written interpretation concerning whether your sunroof would meet the requirements of Federal Motor Vehicle Safety Standard No. 118, 'Power-Operated Window, Partition, and Roof Panel Systems.' I apologize for the delay in responding. By way of background, the National Traffic and Motor Vehicle Safety Act establishes a self-certification system under which manufacturers are responsible for ensuring that their products comply with all applicable FMVSSs. We do not approve, endorse, or gives assurances of compliance of any product. In response to manufacturers' requests for interpretations of the FMVSS's, we try, to the extent possible, to provide information that will help them make their determinations of compliance. However, these responses are based on information provided by the manufacturer, and are subject to the findings of actual compliance testing by the agency. Should the agency, in the future, examine your product and detect an apparent noncompliance or defect, those results will control. You explain in your letter that your power-operated sunroof (which is a power operated 'roof panel system' under Standard 118) can be closed only in four circumstances. In three of these, the ignition key must be activated. In the fourth, the sunroof can be closed when there is 'Continuous operation of Central close mechanism, not capable sic closing the roof panel from a distance of more than 6 meters from the vehicle.' Standard 118 requires sunroofs other than those that have an automatic reversing feature to close only in certain circumstances. One of those (S4(a)) is when the key controlling the vehicle's engine is in the activated (i.e. 'on', 'start' or 'accessory') position. The three circumstances you described where the ignition key must be activated to operate the sunroof appear to satisfy S4(a). With regard to the fourth circumstance, Standard 118 also permits sunroofs to close 'Upon continuous activation of a remote actuation device, provided that the...device shall be incapable of closing the sunroof from a distance of more than 6 meters from the vehicle' (S4(d)). The circumstance you described appears to satisfy S4(d). Your sunroof will close only upon continuous operation of a 'Central close mechanism,' and the mechanism is incapable of closing the sunroof from a distance of more than 6 meters from the vehicle. I hope this information has been helpful. If you have any further questions, please contact Mr. David Elias of my office at the above address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam1377OpenMr. Richard Wright West, West & Wilkinson, P.O. Box 257, 2815 Huntington Avenue, Newport News, VA 23607; Mr. Richard Wright West West & Wilkinson P.O. Box 257 2815 Huntington Avenue Newport News VA 23607; Dear Mr. West: This is in response to your letter of January 2, 1974 requestin information concerning the legal permissibility of an automobile dealership furnishing private passenger motor vehicles with add-on gasoline tanks of modifying existing gasoline tanks.; Motor Vehicle Safety Standard No. 301, *Fuel System Integrity* establishes minimum performance requirements for motor vehicle fuel systems. Compliance with the level of performance mandated by the standard is enforced by Section 108 (a)(1) of the National Traffic Safety Act which prohibits the manufacture, sale, delivery, or importation of vehicles or motor vehicle equipment that do not meet the requirements of applicable safety standards. Therefore, if your client modified a motor vehicle fuel tank in such a manner that it no longer complied with Standard No. 301 and then offered it for initial sale for purposes other than resale he would be in violation of the Motor Vehicle Safety Act and would be subject to civil penalties of not more than $1,000 for each such violation. If, however, your client performed a fuel tank modification on a vehicle that was already owned by and in the possession of a buyer who purchased the vehicle for purposes other than resale, no violation of the Act could result. The installation of an add-on fuel tank would be considered a modification. Therefore, the fuel system would have to comply with Standard No. 301 with the add-on fuel tank considered as part of the system.; There are no Motor Vehicle Safety Standards applicable to add-o gasoline tanks since these are items of motor vehicle equipment and Standard No. 301 restricts its application to motor vehicles. Section 113(e)(2) of the Motor Vehicle Safety Act, however, authorizes the Secretary of Transportation to determine whether or not an item of motor vehicle equipment contains a defect which relates to motor vehicle safety. If the Secretary finds that a safety-related defect exists, your client may be compelled to notify all purchasers of vehicles with the add-on fuel tanks of the attendant hazard.; The action of installing add-on gasoline tanks in motor vehicle exposes your client to the requirements of yet another safety regulation (49 CFR 567.7). If the vehicle in which he installs the fuel tank is a certified and complete vehicle that has not yet been purchased in good faith for purposes other than resale, your client will be considered an alterer of the vehicle, and he must provide a certification that the vehicle as altered still conforms to the standards.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4175OpenMr. J. L. Hendricks, Manager, Product Environmental Management, Cummins Engine Company, Inc., Box 3005, Columbus, IN 47202-3005; Mr. J. L. Hendricks Manager Product Environmental Management Cummins Engine Company Inc. Box 3005 Columbus IN 47202-3005; Dear Mr. Hendricks: This responds to your letter regarding the difficulty, during a ongoing safety defect campaign (NHTSA 85E-016), of locating current owners of heavy-duty diesel engines and replacement engine products which are installed in trucks selected by the original equipment manufacturer. I regret the delay in responding to your letter.; The information contained in your letter and in telephone conversation with agency staff indicates your concern with the delay in your efforts to locate the current owners in Connecticut of Cummins engines and replacement equipment involved in this voluntary recall. This problem arose when a large number of original recall notices mailed to the most recent known purchasers of this equipment were returned to you. You then contacted each State and requested a search of their motor vehicle files using the truck vehicle identification numbers (VIN's) in order to locate the current owners. We understand that special procedures followed by Connecticut to protect individual privacy have led to delays in your obtaining the names and addresses of current owners.; In your letter, you mention Connecticut's practice of requiring formal declaration of VIN's and a justification for conducting a search of their vehicle registration files. While we agree with the statement in your letter that each State has the right to safeguard individual privacy and place restrictions on access to lists of motor vehicle owners, we also regret the delay, which is apparently caused by Connecticut's procedure in notifying the current owners of the equipment involved in this campaign.; You indicate that this delay is increased by Connecticut's practice o requiring the services of a third party agency who, by contractual agreement, obtains the registration information and sells it to the party conducting the safety recall campaign.; These difficulties do not, of course, diminish the responsibility o manufacturers to conduct notification campaigns. We appreciate the difficulty of locating current owners of trucks with original and replacement Cummins equipment, and commend your efforts to locate them. However, this agency cannot interfere in the efforts of a State to protect the privacy of Connecticut motor vehicle owners. Further, this agency cannot interfere in a contractual agreement between a State and a third party.; You indicate that the task of locating current owners is additionall complicated by at least two factors. First, we understand that Cummins receives a list of VIN's from the original vehicle manufacturer with the names and addresses of the first purchasers of trucks on which your equipment is installed. These purchasers may or may not be the actual users of the trucks. Second, the owners/operators of the trucks on which these engines and replacement equipment are installed tend to be very mobile in their operations and registration practices. The result has been a large number of safety-related defect notices returned to your company, because the current owners cannot be located.; In your letter, you also request that this agency write to th Connecticut Bureau of Motor Vehicles and solicit their assistance in negotiating with Cummins a program to enable your company to maintain an on-going system to obtain vehicle registration on a timely basis. We think that such a program could be appropriate during a specific safety recall campaign. While not wishing to interfere with a State's decision to set reasonable procedures to safeguard lists of vehicle owner names and addresses, the agency believes that a request to Connecticut to assist you could be helpful in locating the current owners of Cummins equipment involved in this recall campaign. For these reasons, NHTSA, by separate letter, is requesting the Connecticut Department of Motor Vehicles to provide assistance to Cummins, as expeditiously as possible, in supplying the names and addresses of the equipment owners requested by your company.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam1727OpenMr. J. R. Ayers, ICI United States Inc., Marshall Plant, Box 790, Marshall, TX 75670; Mr. J. R. Ayers ICI United States Inc. Marshall Plant Box 790 Marshall TX 75670; Dear Mr. Ayers: This responds to your August 27, 1975, question whether Standard No 121, *Air Brake Systems*, applies to trucks that operate within one state in a short-haul operation from a mine site to a processing plant.; Standard No. 121 applies to air-braked trucks, buses, and trailers with only a few exceptions that do not appear to include the truck you describe. The National Highway Traffic Safety Administration considers vehicles that operate on the highway, even for short distances, to be motor vehicles operating in the stream of interstate commerce that are subject to our requirements. Therefore, the vehicle you describe would be a motor vehicle under our definition, and it is classified as a truck that must comply with Standard No. 121.; I would like to point out that the standard applies to th newly-manufactured vehicle, and that after its sale to your company, you are entitled to modify the system as necessary to ensure the safety of the vehicle in your specialized operations. I have enclosed a copy of a letter on this subject pointing out, however, that a manufacturer, distributor, dealer, or repair business is prohibited from disconnecting the antilock device for you.; I would emphasize that this discussion does not address separat responsibilities you may have under State, Occupational Safety and Health Administration, or Bureau of Motor Carrier Safety regulations for the operation of your vehicles.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam0835OpenMr. Jack Bronte, President, Paradise Manufacturing Company, 2840 East 26th Street, Los Angeles, CA, 90023; Mr. Jack Bronte President Paradise Manufacturing Company 2840 East 26th Street Los Angeles CA 90023; Dear Mr. Bronte: This is in reply to your letter of August 31, 1972, concerning Moto Vehicle Safety Standard No. 302, 'Flammability of Interior Materials.' You ask whether the Standard applies to the shower and matching window curtains you manufacture and sell to manufacturers of mobile homes, trailers, and campers, and whether mobile homes must comply with the requirements of the Standard.; Because Standard No. 302 applies to motor vehicles, the components o vehicle occupant compartments listed in S.4.1 of the Standard are subject to the Standard only when they are installed in a vehicle included under a vehicle class to which the Standard is applicable. Standard No. 302 applies to passenger cars, multipurpose passenger vehicles, trucks, and buses. It does not apply to trailers, the vehicle category which includes mobile homes and other towed recreational vehicles, but it does apply to those campers that are constructed on new chassis. Since the only vehicles you list that must meet the requirements of the Standard and that use your curtains are campers constructed on new chassis, the Standard applies only to the curtains used in such campers.; 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.