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: aiam1119OpenMr. Norman E. Salzman, General Manager, The Fairmount Press, 1993 Jerome Avenue, Bronx, NY 10453; Mr. Norman E. Salzman General Manager The Fairmount Press 1993 Jerome Avenue Bronx NY 10453; Dear Mr. Salzman: This is in response to your request for a review of Fairmount Pres forms MFV, ABW, and WH for their conformity with the odometer disclosure requirements of the Motor Vehicle Information and Cost Savings Act.; Form MFV conforms to the requirements, although it appears from th wording of the disclosure that there may be a misunderstanding as to when the disclosure must be given. Your form contains the statement that 'The mileage appearing on the odometer of the motor vehicle described above *at time of transfer* to * was* as follows:' The intent of the regulation is to make disclosure before the transfer, and the MFV form should therefore be executed before transfer, notwithstanding the quoted language.; Form ABW incorporates the disclosure in the bill of sale, as permitte by the regulations. However, the statement is deficient because there is no provision for (1) last plate number, (2) body style, (3) model, and (4) a check-off provision in the situation where the transferor knows the indicated mileage is incorrect.; Form WH is similarly deficient in that there is no provision for (1 body style, (2) last plate number, and (3) a check-off provision in the situation where the transferor knows the indicated mileage is incorrect.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam3431OpenMr. C. L. Biddle, Supervisor of Claims, General Transportation Department, Firestone Tire Company, 1200 Firestone Parkway, Akron, Ohio 44317; Mr. C. L. Biddle Supervisor of Claims General Transportation Department Firestone Tire Company 1200 Firestone Parkway Akron Ohio 44317; Dear Mr. Biddle: This responds to your recent letter to Mr. Kratzke of my staff describing a situation in which a railroad car full of new tires caught on fire. As a result of the damage caused to the tires by the fire, Firestone's quality control staff determined that the tires could no longer be certified as safe for highway use. The railroad company has refused to pay your claim for damage to the tires unless Firestone releases the damaged tires to the railroad company. You stated that the railroad company will either sell the tires through its salvage outlets or use the tires on company vehicles. You ask whether you can rightfully withhold these tires from the railroad company.; If Firestone releases the tires and the railroad company sell the tire or uses them on the public roads, both Firestone and the railroad company would violate an express provision of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1381 *et seq.*) ('the Safety Act'). Therefore, you can rightfully withhold the tires from the railroad company.; Your letter did not indicate whether the damaged tires were tires fo passenger cars or tires for motor vehicles other than passenger cars. In either case, the tire manufacturer is required to certify that each tire fully complies with certain marking requirements and with specified performance requirements (resistance to bead unseating, strength, endurance, and high speed performance) of Safety Standard No. 109 in the case of passenger car tires (49 CFR S571.109) or of Safety Standard No. 119 for tires other than passenger car tires (49 CFR S571.119). This certification is made by the manufacturer by molding the letters 'DOT' into the sidewall of the tire.; As a result of the damage to this particular shipment of tires, you company has determined that this certification is no longer valid. This determination obligates Firestone to remove the 'DOT symbol from the sidewall of the tires.; Without the 'DOT' symbol, these tires would clearly not comply with th requirements of either Standard No. 109 or Standard No. 119. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)). provides:; >>>No person shall manufacture for sale, sell, or offer for sale, o introduce or deliver for introduction in interstate commerce, or import into the United State, any ... item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard...<<<; Firestone would violate this prohibition if it were to deliver tires t the railroad company which were not certified as complying with the appropriate safety standard. The railroad company would violate this prohibition if it sold or offered to sell uncertified tires, or if uncertified tires were used by the company on the public roads (introduction in interstate commerce). Section 109 of the Safety Act (15 U.S.C. 1398) specifies penalties of up to $1000 for each violation of section 108. Section 109 specifies that the maximum civil penalty which can be imposed for a series of related violations, which this would be, is $800,000 for each violator.; You indicated that Firestone would not release the damaged tires fo use in any case, because of the potential safety hazard. I hope that this response reinforces that position. Should you need any further information on this matter, please do not hesitate to contact me. Please show this letter to the interested railroad company so that it will realize the serious nature of its contemplated actions.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3061OpenHonorable Mark Marks, 108 Federal Court House, Erie, Pennsylvania 16501; Honorable Mark Marks 108 Federal Court House Erie Pennsylvania 16501; In response to the request of Ms. Chris Anderson of your office, I hav enclosed a copy of a letter which I recently wrote detailing the National Highway Traffic Safety Administration (NHTSA) regulations pertinent to the manufacture of trailers. Please note the reference on page 2 of the letter concerning the 'Manufacturer Identification' requirements. These requirements are independent of those pertinent to the Vehicle Identification Numbers.; Under current regulations (49 CFR Part 571.115), manufacturers o trailers are not subject to the Vehicle Identification Number requirements. However, pursuant to recent amendments (see enclosed copy), a manufacturer of trailers will be required to affix a Vehicle Identification Number to every Trailer manufactured on or after September 1, 1980. Although, the Vehicle Identification Number will not have to be affixed until this date, certain reports will be required in advance. Any trailer manufacturer who begins production before September 1, 1979, must report to NHTSA by that date the characters that he will include in his Vehicle Identification Numbers to uniquely identify himself, the make and the type of vehicle he produces. A manufacturer beginning production after September 1, 1979, must submit this information at least 60 days before he begins affixing the Vehicle Identification Numbers to vehicles.; I hope that this information will be helpful to you and you constituent. I will be happy to answer any further questions that you may have.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam2220OpenMs. Diane Bortle, Executive Secretary, VIRACON, Inc., 800 Park Drive, Industrial Park, Owatonna, MN 55060; Ms. Diane Bortle Executive Secretary VIRACON Inc. 800 Park Drive Industrial Park Owatonna MN 55060; Dear Ms. Bortle: This responds to Viracon's December 13, 1975, and January 28, 1976 requests for a copy of Standard No. 216, *Roof Crush Resistance*, and for a discussion of the distinction under NHTSA regulations between installation of a sunroof before and after 'original sale of the roof.' A copy of Standard No. 216 has already been mailed to Viracon under separate cover.; You suggest that there may be different regulations for installation o a sunroof prior to, and after, the sale of the roof, by which I understand you to mean the sunroof. The NHTSA does not regulate sunroofs as such, but it does regulate the roof strength of most passenger cars (Standard No. 216), and conformity with this standard can be affected by installation of the sunroof.; Section 108(a) (1) (A) of the National Traffic and Motor Vehicle Safet Act (15 U.S.C. S 1397(a) (1) (A)) prohibits, among other things, the sale of a motor vehicle that does not comply with all applicable standards. Anyone that modifies a passenger car roof by the addition of your product would be responsible for compliance with Standard No. 216 at the time of sale. This would include alterations of the type made to a vehicle that has been certified by the manufacturer (49 CFR Part 567). This prohibition does not apply (except in cases of importation) after the first purchase of the vehicle in good faith for purposes other than resale (15 U.S.C. S 1397(b) (1)).; The Act also prohibits, except in the process of repair, manufacturer, distributor, dealer, or repair business from knowingly rendering inoperative, in whole or part, any device or element of design installed in a motor vehicle in compliance with applicable standards (15 U.S.C. S 1397(a) (2) (A)). This means that these classes of persons may not install one of your products, even after the first retail sale, if the installation takes the vehicle out of conformity with Standard No. 216 or any other applicable Federal motor vehicle safety standard.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam2670OpenMr. M. J. Denholm, Director of Engineering, Power Controls Division, Midland-Ross Corporation, 490 South Chestnut Street, Owosso, MI 48867; Mr. M. J. Denholm Director of Engineering Power Controls Division Midland-Ross Corporation 490 South Chestnut Street Owosso MI 48867; Dear Mr. Denholm: This responds to Midland-Ross' July 8, 1977, request for confirmatio that the requirement that '[e]ach service reservoir system shall be protected against loss of air pressure. . .by check valves or equivalent devices' in S5.1.2.3 and S5.2.1.5 of Standard No. 121, *Air Brake Systems*, permits small losses of air pressure through the check valve of up to 2 psi per minute without constituting noncompliance.; The requirement for protection against 'loss of air pressure' doe permit a small amount of leakage, in recognition of the fact that no fitting can be perfectly air tight. While the standard does not presently specify a rate of permissible air loss in S5.1.2.3 or S5.2.1.5, the agency has adopted a maximum loss of 10 psi in 10 minutes as meeting the requirement for protection against loss of air pressure. The agency is considering adding such a specification to the standard in the future by interpretive amendment.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam3962OpenMs. Virginia Walborn, Pennsylvania Bureau of Motor Vehicles, Room G-112, Transportation and Safety Building, Harrisburg, PA 17122; Ms. Virginia Walborn Pennsylvania Bureau of Motor Vehicles Room G-112 Transportation and Safety Building Harrisburg PA 17122; Dear Ms. Walborn: After the promulgation of the Federal odometer disclosure requirements 49 CFR Part 580, the State of Pennsylvania requested from the National Highway Traffic Safety Administration, approval to use the certificate of title in lieu of a separate odometer disclosure statement. The Agency granted that request.; It has come to our attention that some dealers have purchased vehicles altered the odometer reading on the title and subsequently reassigned the title, without signing it and without listing their address. While the Pennsylvania title provides a space for the purchaser's address and signature, the information is apparently furnished only when the buyer applies for title. Due to the practice of permitting a dealer to reassign titles without applying for them in his own name, it has become necessary for us to qualify our initial determination.; Unless the first buyer applies for title in Pennsylvania, a separat odometer disclosure statement, signed by the buyer and containing his address must be issued and a photostat or other facsimile retained by the transferor. This information is required by 49 CFR 580.4, and must be included upon the certificate of title before that document can be used in lieu of a separate statement. 49 CFR 480.4(f)(1) (sic). The Agency finds the buyer's signature to be of utmost importance. The signature serves as an acknowledgement that the purchaser was aware of the mileage. It prevents the buyer from later alleging that he was not informed of the mileage or that the mileage was different from that appearing on the odometer. Likewise, the address of an intervening dealer-owner is important, should subsequent investigation or enforcement actions become necessary. You may find it feasible to change the format of Pennsylvania's title to include the purchaser's address and signature on the assignment or reassignment space.; If I can be of further assistance, do not hesitate to contact me or Ms Judith Kaleta of my staff at (202) 426-1834.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam5320OpenMr. Marc D. Marutani National Truck Sales Manager ARI 9000 Midlantic Dr. P.O. Box 5039 Mt. Laurel, NJ 08054; Mr. Marc D. Marutani National Truck Sales Manager ARI 9000 Midlantic Dr. P.O. Box 5039 Mt. Laurel NJ 08054; "Dear Mr. Marutani: This responds to your letter of January 31, 1994 requesting an interpretation of whether a 15-passenger Ford Econoline Wagon would be considered a school bus. 'The client requesting the vehicle is a mental health and substance abuse facility handling adolescents on a full-time on-site basis. There is a school located on the premises, since the children reside at the location. The vehicle's purpose would primarily be used for miscellaneous transportation of juvenile patients and facility personnel, both on and off campus, as opposed to providing commuting services to and from home.' I am pleased to have this opportunity to clarify our requirements for school buses. The National Highway Traffic Safety Administration (NHTSA) has the authority under the National Traffic and Motor Vehicle Safety Act (the Act) to issue motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles, including new school buses. NHTSA defines 'school bus' as a motor vehicle designed for carrying 11 or more persons, including a driver, which 'is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools.' It is a violation of Federal law for any person to sell or lease any new vehicle that does not comply with all school bus safety standards if they are aware that the purchaser intends to use the vehicle as a school bus. Whether you are required to sell or lease a certified school bus to your client depends on the anticipated use of the vehicle. The mental health and substance abuse facility operated by your client is not a school, however, it does operate a school on the premises. If your client were to purchase or lease a new bus to be used solely for transporting students to athletic events at other schools, it would be a violation of Federal law for you to sell or lease them a new vehicle that is not a school bus. This is because the vehicle would clearly be significantly used as a school bus. On the other hand, it is not a violation of Federal law for you to sell or lease them a new vehicle that is not a school bus if your client will use the vehicle for general purposes, even though such vehicles may be used occasionally to transport students to school-related events. Your letter states that the vehicle would be used for 'miscellaneous transportation.' If a significant portion of that use would not be transportation of students to school-related events, you are not required to sell or lease a school bus. I hope you find this information helpful. If you have any other questions, please contact us at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam0122OpenMr. Praxl, Chief of Series Design and Development, NSU Motorenwerke Aktiengesellschaft, 7107 Neckarsulm, Germany; Mr. Praxl Chief of Series Design and Development NSU Motorenwerke Aktiengesellschaft 7107 Neckarsulm Germany; Dear Mr. Praxl: Thank you for your letter of October 8, 1968, to Mr. Eugene Laskin Acting Director, Office of Standards Preparation, concerning reflex reflectors.; The use of two Class B reflectors combined with the tail lamps on th rear of your vehicles will not impair the effectiveness of the two Class A red reflex reflectors required in Motor Vehicle Safety Standard No. 108. These devices are therefore in accordance with Standard No. 108, including paragraph S3.1.2.; Since this Bureau does not issue approval on items of lightin equipment or on vehicle designs incorporating this equipment, the above comments are for your information only, and in no way relieve the 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: aiam0088OpenMr. R. M. Thurber, Western Body and Hoist Company, 8901 Juniper Street, Los Angeles, CA 90002; Mr. R. M. Thurber Western Body and Hoist Company 8901 Juniper Street Los Angeles CA 90002; Dear Mr. Thurber: Thank you for your letter of April 9, 1968, to the Federal Highwa Administration, in which you requested clarification of the requirements for amber side marker lamps and amber side reflectors.; A copy of presently applicable standards, and some proposed standard are enclosed. Note that Federal Motor Vehicle Safety Standard 108, effective January 1, 1968, requires amber front side marker lamps, and amber front side reflectors for vehicles of less than 30 feet overall length, and 80 or more inches in overall width. When the overall vehicle length is less than 30 feet and the front side marker lamps and front side reflectors have been mounted on the cab by the chassis-cab manufacturer, an additional set of the foregoing lamps and reflectors is not required on the body when it is installed.; With respect to the requirements of Standard No. 108, I must point ou that this Bureau does not issue approvals on items of lighting equipment or on vehicle designs incorporating this equipment. Therefore, the above comments are for your information only and in no way relieve the vehicle manufacturer from his responsibility for certifying that the assembled vehicle meets the requirements of the standard.; I trust this answers your questions. Sincerely, Joseph R. O'Gorman, Acting Director, Office of Performanc Analysis, Motor Vehicle Safety Performance Service; |
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ID: aiam4862OpenMr. David E. McAllister Manufacturers Representative 442 Robin Hill Road Wayne, PA . 19087; Mr. David E. McAllister Manufacturers Representative 442 Robin Hill Road Wayne PA . 19087; "Dear Mr. McAllister: This responds to your letter of March 14, l99l 'as a supplier to the U.S. Postal Service for lights', asking whether it is 'legal' for the center high mounted stop lamp to flash. We understand that the new postal service vehicles are trucks. Under Federal Motor Vehicle Safety Standard No. 108, the center highmounted stop lamp is required only on passenger cars. When installed as original equipment on a passenger car, it is required to be steady-burning when the brake pedal is applied. However, since Standard No. 108 does not require center highmounted stop lamps on motor vehicles other than passenger cars, any such lamps would not be required to be steady-burning. Thus, the current requirements of Standard No. 108 would permit a center lamp on a postal truck to flash. Supplementary lighting equipment, i.e., lighting equipment that is not required by Standard No. 108, is subject to Standard No. 108's general prohibition that such not impair the effectiveness of the lighting equipment required by the standard. The determination of impairment is to be made by the manufacturer of the vehicle before it certifies compliance with all applicable Federal motor vehicle safety standards. If it appears to be clearly erroneous, NHTSA will review the determination. With respect to the present case, it is theoretically possible that a flashing center stop lamp could 'impair the effectiveness' of the truck's two steady-burning primary stop lamps by sending a confusing signal. However, given the lamp's location on the vertical centerline of the vehicle, and the public recognition of the function of the center lamp on passenger cars, we do not believe it is likely that the public would be confused. We would like to advise you that the agency has proposed that trucks be equipped with steady-burning center lamps, and that it has announced that a final rule will be issued during the first half of 1991. If the final rule applies to postal trucks, then a flashing center lamp could not be installed on postal trucks manufactured on and after the rule's effective date. Sincerely, Paul Jackson Rice 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.