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: aiam5336OpenMr. Eldon J. McLauchlin President Valley Automotive Specialties, Inc. 5805 East Sharp, Suite A-2 Spokane, Washington 99212; Mr. Eldon J. McLauchlin President Valley Automotive Specialties Inc. 5805 East Sharp Suite A-2 Spokane Washington 99212; "Dear Mr. McLauchlin: This responds to your January 25, 1994, lette asking about how this agency's regulations might apply to your product, the Automated Fire Extinguisher System (AFES). You state that your product's purpose is to allow the operators and occupants of a vehicle to exit safely in the event of a fire. Apparently, the AFES sensors will detect smoke and heat and respond by automatically opening some sort of control valve, whereupon a manifold assembly with 'strategically placed directional nozzles' will flood the passenger compartment with some sort of fire extinguisher/retardant. You do not state what kind of fire extinguisher/retardant is used. You explain that the automatic nature of this system will provide time to extract even an unconscious or incapacitated operator or occupant. Apparently, the AFES has wide applicability. You explain that the AFES proto- type can be installed in a car, truck, boat, RV, or bus or other vehicle running on a 12 volt battery. Apparently you will modify the AFES so that it will run off the 110 volt current in homes and commercial buildings. I am pleased to have this opportunity to explain our regulations. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. Section 102(4) of the National Traffic and Motor Vehicle Safety Act (the 'Safety Act') defines, in relevant part, the term 'motor vehicle equipment' as: any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle ... (emphasis added). In determining whether an item of equipment is considered an accessory, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We determine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be used principally by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an 'accessory' and thus is subject to the provisions of the Safety Act. Applying these criteria to the AFES, it appears that this product would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of the product, it appears that a substantial portion of the expected use of the AFES system relates to motor vehicle operation. The system is intended to protect anyone occupying a vehicle when a fire occurs. Also, it appears that the product would typically be used by ordinary users of motor vehicles. While it appears that the AFES system is an item of motor vehicle equipment, NHTSA has not issued any standards for such a device. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the product's manufacturer are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. We have some concerns about the safety impacts if the AFES were to activate while the vehicle is moving. Is it possible, for example, that a driver smoking in the car on a hot day could accidentally set off the sensors, or that they could malfunction spontaneously? Although we do not know what will be coming through the nozzles (fluid, foam, and inert gases are common fire extinguishing agents), we are concerned that AFES activation could cause the driver to lose control in what is otherwise a controllable situation. We urge you to thoroughly consider these and other factors that could affect the safety of motor vehicle operation. If the AFES were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with the AFES installed complies with all FMVSS's. Among the FMVSS's that might be affected by certain AFES installations are Standard No. 201, 'Occupant Protection in Interior Impact,' and Standard No. 208, 'Occupant Crash Protection.' A commercial business that installs the AFES system would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) 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. This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your device if the system renders inoperative the vehicle's compliance with the FMVSS's. For instance, compliance with Standard No. 208 might be degraded if it were necessary to mount the AFES manifold or directional nozzles in front of the driver or passenger. Any violation of this 'render inoperative' prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation. Please note also that the render inoperative prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install the AFES in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted. I hope this information is helpful. I am also enclosing a copy of a fact sheet titled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.' If you have any further questions about NHTSA's safety standards, please feel free to contact us at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam4931OpenMr. Don Weidman Manager, Special Projects The Grote Manufacturing Company 2600 Lanier Drive Madison, Indiana 47250; Mr. Don Weidman Manager Special Projects The Grote Manufacturing Company 2600 Lanier Drive Madison Indiana 47250; Dear Mr. Weidman: This responds to your letter of November 25, 1991 with respect to the applicability of some new requirements of Motor Vehicle Safety Standard No. 108 to 'agricultural vehicles and implements when they are traveling on the highways.' Specifically you ask whether the requirements of Standard No. 108 or SAE J137 must be complied with when agricultural equipment is in use. The Federal motor vehicle safety standards apply to motor vehicles, which are defined, in pertinent part, by the National Traffic and Motor Vehicle Safety Act as vehicles 'manufactured primarily for use on the public streets, roads, and highways.' Because the primary use for agricultural vehicles such as farm tractors, combines, and the like is off the public roads, and their use of the public roads is incidental to their intended use, NHTSA does not consider agricultural vehicles to be 'motor vehicles' within the meaning of the Act. This means that they do not have to conform to Standard No. 108, or any other Federal motor vehicle safety standard. Regulations governing the use of the public roads are issued and enforced by the individual States. We have no knowledge whether any State requires the lighting on agricultural equipment to conform to SAE J137, or to Standard No. 108. The American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, may be able to answer this question for you. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam5623OpenMr. John C. Golden Product Manager, Lighting & Electrical Federal Mogul Corporation P.O. Box 1966 Detroit, MI 48235; Mr. John C. Golden Product Manager Lighting & Electrical Federal Mogul Corporation P.O. Box 1966 Detroit MI 48235; "Dear Mr. Golden: This responds to your request for an interpretatio asking if, under NHTSA's requirements, your company may market a lighting device, called a 'Lightman,' for use on warning triangles. I apologize for the delay in responding. As explained below, the answer to your question is yes. However, since the Federal Highway Administration (FHWA) regulates use of warning triangles carried in commercial vehicles, that agency's regulations could also affect your product. You explain that the Lightman is a battery operated safety strobe device, which is in the shape of an equilateral triangle measuring 3 1/2 inches on each side. You would like to market the Lightman specifically for use on warning triangles, but are concerned about the minimum area requirements of Safety Standard No. 125, Warning Devices. You ask, 'Does the mounting of one of these devices...take away minimum reflective area such that it would render the warning triangles illegal or ineffective?' As you note, Standard No. 125 specifies requirements for the configuration of warning devices. Warning devices that are subject to Standard No. 125 must be certified as meeting those configuration requirements. As we understand the Lightman, it will be sold to motorists separately from the Standard No. 125 warning devices. However, we understand that you will market the Lightman as appropriate for use with previously-certified warning devices. There is a provision in our statute that regulates the modifications that motor vehicle manufacturers, dealers, distributors and repair businesses may make to certified vehicles and equipment. (See section 30122 of Title 49 U.S.C. 30101 et seq., copy enclosed.) However, this provision does not regulate the modifications that individuals make to their vehicles or items of equipment, such as warning triangles. Thus, under NHTSA's statute, an individual would not be precluded from placing the light on his or her equilateral triangle. As you note in your letter, the FHWA regulates use of warning devices with regard to commercial trucks, and should be contacted about your question. Responding to your request for a contact in FHWA, we suggest Mr. James Scapellato, Director, FHWA Office of Motor Carrier Research and Standards, at the following address and telephone number: 400 Seventh Street, S.W. Rm. 3107 Washington, DC 20590. Telephone: (202) 366-1790 We will be happy to forward your letter to Mr. Scapellato, if you would like us to do so. I hope this information is helpful. If you have any further questions about our regulations, please feel free to call Dorothy Nakama of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure bcc: Mr. Larry Minor Office of Motor Carrier Research & Standards FHWA, Rm. 3107"; |
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ID: aiam0421OpenMr. David J. Humphreys, Recreational Vehicle Institute, Inc., Suite 406, 1140 Connecticut Avenue, N.W., Washington, DC 20006; Mr. David J. Humphreys Recreational Vehicle Institute Inc. Suite 406 1140 Connecticut Avenue N.W. Washington DC 20006; Dear Mr. Humphreys: This is in response to your letter of July 27, 1971, in which yo raised a question concerning the application of Standard 206 to doors on recreational vehicles.; Standard 206, *Door Locks and Door Retention Components*, states tha 'Side door components referred to herein shall conform to this standard if any portion of a 90-percentile two-dimensional manikin as described in SAE Practice J826, when positioned at any seating reference point, projects into the door opening area on the side elevation or profile view.' The term 'seating reference point' corresponds to a 'designated seating position,' which is defined as 'any plan view location intended by the manufacturer to provide seating accommodations while the vehicle is in motion, for a person at least as large as a fifth percentile adult female, except auxiliary seating accommodations such as temporary or folding jump seats.' The question you asked is whether a seating accommodation that the manufacturer labels as 'not for use while the vehicle is in motion' may be disregarded in determining which vehicle doors must comply under the Standard 206 provision quoted above.; The relevant question is whether the seating position in question i 'intended by the manufacturer to provide seating accommodation while the vehicle is in motion.' While Standard 207 will require all seats intended by the manufacturer not to be used while the vehicle is in motion to be so labeled, it does not necessarily follow that the label will be accepted in all cases as conclusive evidence of the manufacturer's intent. The design of the seat and its location in the vehicle must also be considered. As an example, if it were found that a manufacturer had previously intended that a particular seat be used while the vehicle is in motion, and that he now attached the label merely to evade the Standard 206 requirement without changing his design, the application of Standard 206 to the vehicle would not be barred. The ultimate question in such cases is whether the label clearly is in accord with the manufacturer's intent, in light of all the facts.; The above statement is our general position on the application o Standard 206, in answer to your question. It is not intended to change the interim agreements that we made with respect to the current Standrad 206 compliance problems of some of your member manufacturers.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel |
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ID: aiam5273OpenMr. J. C. DeLaney Manager, Technical Programs Motorcycle Industry Council, Inc. 2 Jenner Street, Suite 150 Irvine, CA 92718-3812; Mr. J. C. DeLaney Manager Technical Programs Motorcycle Industry Council Inc. 2 Jenner Street Suite 150 Irvine CA 92718-3812; Dear Mr. DeLaney: This responds to your request for an interpretatio of Federal Motor Vehicle Safety Standard No. 123, Motorcycle controls and displays. You asked whether a motorcycle side stand complies with Standard No. 123 if the stand passes SAE J1587 Motorcycle Side Stand Retraction Test Procedure. Standard No. 123 specifies at S5.2.4 Stands that: 'A stand shall fold rearward and upward if it contacts the ground when the motorcycle is moving forward.' Neither S5.2.4 nor any other provision of Standard No. 123 incorporates by reference, SAE J1587. Thus, if a motorcycle side stand passes the SAE J1587 test procedure, it does not automatically follow that the side stand complies with Standard No. 123. I hope that this information is useful. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel; |
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ID: aiam0071OpenMr. A. Hammerstein, Robert Bosch GMBH, Gruppe Autoelektrik, Entwicklungsleitung, 7000 Stuttgart 1, Postfach 50, Germany, Federal Republic; Mr. A. Hammerstein Robert Bosch GMBH Gruppe Autoelektrik Entwicklungsleitung 7000 Stuttgart 1 Postfach 50 Germany Federal Republic; Dear Mr. Hammerstein: Thank you for your letters of March 7 and May 15, 1968, to Mr. Georg C. Nield, concerning the requirements for motorcycle headlamps as specified in Motor Vehicle Safety Standard No. 108.; On motorcycles, Standard No. 108 permits the use of unsealed headlamp conforming to SAE Standard J584. You will note that this SAE standard does not reference bulb sockets conforming to SAE Standard J567, which is intended to insure functional compatibility between bulb sockets and the bulbs listed in SAE Standard J573. Therefore, the bulbs used in motorcycle headlamps conforming to SAE Standard J584 need not conform to SAE Standard J573.; Thank you for writing. Sincerely, David A. Fay, Office of Standards on Accident Avoidance Motor Vehicle Safety Performance Service; |
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ID: aiam4032OpenMr. Ron Marion, Specification Engineer, Thomas Built Buses, Inc., P.O. Box 2450, 1408 Courtesy Road, High Point, NC 27261; Mr. Ron Marion Specification Engineer Thomas Built Buses Inc. P.O. Box 2450 1408 Courtesy Road High Point NC 27261; Dear Mr. Marion: This responds to your October 1, 1985 letter to this office askin whether each state has the discretion to determine whether vehicles purchased for Head Start programs should be school buses. While the memorandum you intended to enclose from Commission Hodges was excluded from your letter, we are able to answer your questions directly.; Your first question asked, 'Are Head Start Programs considered school or school related events for preprimary students?' This agency has consistently stated that a Head Start facility is considered a preprimary school for the purpose of the National Traffic and Motor Vehicle Safety Act.; Your second question asked, 'Are Head Start Agencies required t provide school buses when transporting 10 or more students?'; As you know, the requirements under the Vehicle Safety Act apply to th manufacture and sale of new motor vehicles, and not to motor vehicle use. The Vehicle Safety Act does not require schools to *use* school buses that comply with our motor vehicle safety standards for school buses. Instead, given that Head Start facilities are 'schools' within the meaning of the Vehicle Safety Act, each person selling a new bus (i.e., a motor vehicle designed to carry more than 10 persons) to such a facility is required to sell a bus that complies with NHTSA's school bus safety standards.; Your final question asked about state discretion to determine whethe Head Start centers must provide complying school buses.; The requirements governing the *use* of a motor vehicle after it i sold is a matter of state law. While NHTSA has issued recommendations to the states regarding school bus operation in Highway Safety Program Standard No. 17, *Pupil Transportation Safety* (copy enclosed), this agency has no requirement that Head Start centers must use complying school buses. On the other hand, the responsibility of school bus sellers to comply with the requirements of the Vehicle Safety Act, and to sell a vehicle that complies with all applicable safety standards, including the school bus safety standards, is a Federal requirement. Accordingly, the states have no discretion to permit persons to sell new buses to Head Start centers if those buses do not comply with the motor vehicle safety standards for school buses.; For your future reference, Mr. Tilton is no longer with this agency. I you have further questions, please do not hesitate to contact us.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam1230OpenMr. Richard Kuskin, Multinational Industries, P.O. Box 2263, South Station, Newark, NJ 07114; Mr. Richard Kuskin Multinational Industries P.O. Box 2263 South Station Newark NJ 07114; Dear Mr. Kuskin: This is in reply to your letter of July 12, 1973, concerning gas tan caps. You state that you are considering marketing imported gas tank caps for trucks, and you want to know whether there is a Federal standard to which such caps must conform. The answer is that there is not.; Yours truly., Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4462OpenMr. Allan J. Lameier Quality Assurance Specialist, Defense Logistics Agency Defense Contract Administration Services Management Area, Dayton C/O Defense Electronics Supply Center Dayton OH 45444; Mr. Allan J. Lameier Quality Assurance Specialist Defense Logistics Agency Defense Contract Administration Services Management Area Dayton C/O Defense Electronics Supply Center Dayton OH 45444; "RE: A. Lameier 513-684-3915 Dear Mr. Lameier: This is in response t your letter requesting clarification concerning the classification of a Davey mobile compressor. You state that the manufacturer of the compressor indicates that the wheeled compressor need not comply with Standard No. 108, Lamps, reflective devices and related equipment, because the compressor is not a trailer. Based on the information provided with your letter, we believe that the compressor is not a motor vehicle and is therefore not subject to the requirements of Standard No. 108 or any other Federal motor vehicle safety standards. By way of background, our agency is authorized, under the National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act, 15 U.S.C. 1381 et seq.) to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. The National Highway Traffic Safety Administration (NHTSA) does not approve motor vehicles or motor vehicle equipment. 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. A 'trailer' is defined at 49 CFR /571.3 as 'a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle.' The mobile compressor shown in the brochure enclosed with your letter appears to be designed for carrying property (the compressor) and for being drawn by a motor vehicle. The answer to your question of whether this compressor is a trailer, then depends on whether the compressor is a 'motor vehicle' within the meaning of the Safety Act. Section 102(3) of the Safety Act (15 U.S.C. 1391(3)) defines a 'motor vehicle' as any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails. We have interpreted this language as follows. Vehicles such as forklifts and mobile construction equipment which are sold primarily for off-road use, but which incidentally use the public roads to travel from one job site to another, are not considered motor vehicles. On the other hand, vehicles which regularly use the public roads and stay off-road for only limited periods of time are motor vehicles and are subject to our safety standards. The agency has previously concluded in a July 1, 1980 letter to Mr. E.C. Elliott (copy enclosed) that his company's portable air compressors were not motor vehicles, based on statements that these devices spend the bulk of their useful lives on construction sites and are seldom drawn over public roads by mechanical power. If the Davey portable compressors are used in the same fashion as the compressors discussed in the July 1, 1980 letter, we believe that the Davey compressors were properly classified by the manufacturer as something other than a 'motor vehicle'. This means that the Davey compressors are not subject to any of the Federal motor vehicle safety standards. I hope this information has been useful. My apologies for the delay in responding to your letter. Sincerely, Erika Z. Jones Chief Counsel Enclosure"; |
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ID: aiam0972OpenMr. W. S. Magenau, President, Chesapeake Marine Products, Route 256, Deale, MD 20751; Mr. W. S. Magenau President Chesapeake Marine Products Route 256 Deale MD 20751; Dear Mr. Magenau: This is in reply to your letter of December 18, 1972, requestin information as to how a distributor who assembles a boat trailer may certify the trailer under NHTSA requirements, when the weight ratings for the trailer when assembled differ from those anticipated by the fabricator, due to the distributor's use of components (tires and springs) of a greater weight-carrying capability than those envisioned by the fabricator.; The certification requirements applicable to the manufacture of boa trailers are found at section 567.4, 'Requirements for Manufacturers of Motor Vehicles'. The fabricator may affix the required label to a trailer in certain cases (section 567.4(f)(ii)), but in the case you describe, where the distributor assembles the vehicle in a manner not specifically anticipated by the fabricator, the assembler is the appropriate person, pursuant to S 567.4(g)(1), to certify the vehicle and affix the certification label. The label should state the name of the assembler (the distributor) as the manufacturer and reflect the weight ratings of the vehicle as assembled.; 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.