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: aiam3776OpenMr. Duane W. Duvall, 901 North Beach Road, Bow, WA 98232; Mr. Duane W. Duvall 901 North Beach Road Bow WA 98232; Dear Mr. Duvall: We have received your letter of October 27, 1983, informing us of you plans to provide a front-end replacement kit for 1971-77 Chevrolet Vegas. You have asked whether incorporating a 1973 bumper mounting hardware will meet safety regulations. You have also asked for a copy of front lighting requirements, and for information on how you may certify your kit for national distribution.; As you have not provided us with a description of all equipment item in the kit, I can offer only general guidance. There are very few requirements for fabricators of kits intended to modify used vehicles. The Federal motor vehicle safety standards are of two types: those that apply to vehicle systems, and those that apply to individual equipment items. The so-called 'bumper standard' is an example of a systems standard. Standard No. 215, *Exterior Protection*, which applied to passenger cars manufactured between September 1, 1972, and September 1, 1978, did not directly apply to the bumper itself but established a level of damage resistance to be met by the vehicle in low-speed frontal impacts.; On the other hand, the vehicle lighting standard applies to bot lighting systems and replacement lighting equipment. The primary statutory obligation of a kit supplier lies in this area--to determine if any item of equipment in the kit is covered by an equipment standard, and then to insure that the item meets the standard. For example, Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*, required 1971-77 Chevrolet Vegas to be equipped with sealed beam headlamps. Were unsealed European headlamps to be furnished as part of the kit, that sale would be in violation of the National Traffic and Motor Vehicle Safety Act. Other equipment standards cover brake hoses, tires, brake fluids, glazing, and seat belts. Usually the manufacturer of equipment items covered by standards will certify compliance with Federal requirements by marking them with the symbol 'DOT'. In that event, no recertification by the kit supplier is required.; A further important obligation of a kit supplier is to insure tha safety-related defects are absent, or do not develop, in any motor vehicle equipment that he fabricates. If such occur, he is required to notify purchasers and remedy the defects.; There is also a provision of the Safety Act that has some relevance t your operation. Although a vehicle owner may modify his car in any manner he chooses, a restriction is established on modifications by others. That restriction is that 'no device or element of design' added to a vehicle enabling it to comply with a safety standard shall be 'rendered inoperative in whole or in part.' Thus, were a repair shop to remove the Vega front end and replace it with yours, the shop must insure that the Vega upon reassembly remains in compliance with the standards that originally applied to it. Although the kit supplier is not required under the Safety Act to insure that the Vega continues to comply with Standard No. 215, such insurance obviously assists the modifier in meeting its Federal responsibilities, and your incorporation of a 1973 bumper and attachments is helpful. The modified Vega must also continue to meet Federal lighting requirements, such as being equipped with front side marker lamps, and having no cover or other object over the headlamps when they are in use.; To assist you, I enclose copies of Standards Nos. 108 and 215 as the were in effect on October 1, 1977, the requirements were substantially the same for the other years in which you are interested. There is no charge and I am returning your check. If you have further questions, we shall be happy to answer them.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4119OpenMichael A. Doherty, Esq., Kassel, Neuwirth & Geiger, 845 Third Avenue, New York, NY 10022; Michael A. Doherty Esq. Kassel Neuwirth & Geiger 845 Third Avenue New York NY 10022; Dear Mr. Doherty: This responds to your letter to Stephen Kratzke of my staff, in whic you asked for an interpretation of the requirements of 49 CFR S575.104, *Uniform Tire Quality Grading Standards* (UTQGS). Specifically, you stated that your firm is the registered agent for a foreign tire manufacturer and that you would like a clarification of what information the manufacturer is required to provide to this agency under the UTQGS.; Before responding specifically to the statements in your letter, would like to point out that the requirements for tire manufacturers to furnish UTQGS information to this agency are set forth in three different regulatory provisions. The first of these is 49 CFR S575.6(d)(2), which provides: 'Each brand name owner of tires and each manufacturer of tires for which there is no brand name owner shall submit to the Administrator 10 copies of the information specified in Subpart B of this part that is applicable to the ... tires offered for sale, at least 30 days before it is first provided for examination by prospective purchasers pursuant to paragraph (c) of this section.' This language makes clear that the only information the tire manufacturers must provide to this agency is information that will be provided for examination by prospective purchasers in accordance with 49 CFR S575.6(c).; The second regulatory provision addressing information to be provide by tire manufacturers is 49 CFR S575.6(c). That section provides that the tire manufacturer shall provide each of its dealers with a brochure setting forth the UTQGS information for each of its tires offered for sale by that dealer. The third regulatory provision is 49 CFR S575.104(d)(1)(ii), which requires that the information required by S575.6(c) shall list all possible grades for tires and restate verbatim the explanation for each performance area in which the tires are graded, as specified in Figure 2 of S575.104, although not necessarily in the same format as Figure 2. This section also requires that the information clearly and unambiguously indicate the grade in each performance area assigned to each of the manufacturer's tires sold by the dealer.; With this background, I will now address each of your statements, i the order they were presented in your letter. Each of my explanations will cite the applicable regulatory provision that is the authority for that explanation.; 1. To register each new tire design, or each change in the applicabl UTQG information with respect to an already registered tire design, the tire manufacturer must submit to DOT ten (10) copies of a brochure containing the tire design and UTQG information for the tire including the information set forth in the three paragraphs of 49 CFR S575.104, Figure 2, Parts I and II of the Regulations.; Response: Tire manufacturers are not required to 'register' tir designs with the agency. The manufacturers are only required to provide this agency with advance copies of the UTQGS information that will be furnished to their dealers. 49 CFR S575.6(d)(2). If the tire manufacturer wishes to add a new tire design to the UTQGS information previously supplied to the agency, or to change some of the previously supplied information, the tire manufacturer must furnish this agency with 10 copies of a brochure showing *all* of the manufacturer's tire designs, including those designs for which the previously submitted information is unchanged, and the grades assigned to those tire designs. 49 CFR S575.6(c). This brochure must also include the explanations for the various possible grades set forth in Figure 2 of S575.104. 49 CFR S575.104(d)(1)(ii). For your information, I have enclosed a copy of a typical brochure furnished to this agency by a tire manufacturer.; 2. Such brochures must be sent to all U.S. dealers of th manufacturer's tires and be delivered to purchasers when they examine and/or buy the manufacturer's tires. The brochures must be sent to the dealers with the first lot of each new design.; Response: The brochures must be sent to all dealers of th manufacturer's tires and furnished to all prospective and actual purchasers of those tires upon request. Brochures incorporating information on new tire designs must be furnished to dealers of the manufacturer's tires not later than the first day on which the manufacturer authorizes the tires to be put on general public display and sold to consumers. 49 CFR S575.6(c).; 3. The ten (10) copies of the UTQG brochure (sic) must be submitted t DOT at least 30 days before such brochure is first provided to tire purchasers for examination.; Response: Your statement is correct. 49 CFR S575.6(d)(2). 4. Photographs of tires are not required to be submitted to DOT. Response: Your statement is correct. There is no regulatory requiremen that photographs of tires be provided to this agency.; 5. UTQG labels are not required to be submitted to DOT. Response: Your statement is correct. There is no regulatory requiremen that UTQGS labels be provided to this agency.; 6. If a tire manufacturer intends to market a tire that is alread registered under a new or private brand name, all that is required is a letter to DOT setting forth the pattern code, tire size(s) and UTQG characteristics of the tire already registered and indicating that the tire will be sold under the additional brand name.; Response: This statement is inaccurate. If changed marketing practice by the tire manufacturer cause the UTQGS brochures submitted to its dealers and this agency to be either incomplete or incorrect, the tire manufacturer must revise its brochure. Ten copies of the revised brochure must be submitted to this agency 30 days before the marketing change takes effect, and revised brochures must be provided to each of the manufacturer's dealers not later than the day on which the marketing change takes effect. 49 CFR SS575.6(c) and (d)(2). The tire manufacturer may enclose a letter with its brochure explaining the change, but such a letter is not required.; 7. If a private brand tire made by the tire manufacturer gets a ne tire design, the manufacturer does not have to provide the updated UTQG information to DOT -- the brand name owner for the tire design would be required to provide the information.; Response: Your statement is correct. 49 CFR SS575.6(c) and (d)(2). Should you have any further questions or need more information in thi area, please feel free to contact Mr. Kratzke at this address or by telephone at (202) 426- 2992.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3326OpenMr. Patrick J. O'Connor, P.O. Box 905, 10 East Court Street, Doylestown, PA 18901; Mr. Patrick J. O'Connor P.O. Box 905 10 East Court Street Doylestown PA 18901; Dear Mr. O'Connor: This responds to your letter of July 2, 1980, requesting informatio regarding manufacturing standards for front bucket seats on passenger cars. Specifically, you ask if there are any standards that were applicable to 1969-model Mustangs, particularly with respect to the pivot pin brackets on seats in these vehicles.; The initial Federal Motor Vehicle Safety Standards were issued in 196 and became effective January 1, 1968. Included in these initial standards was Standard No. 207, *Anchorages of Seats--Passenger Cars* (copy enclosed). Standard No. 207 specifies performance requirements in terms of overall seat strength. You will note that there are no requirements for specific components of the seat, however, such as pivot pin brackets. The Federal safety standards are generally specified in terms of performance requirements which allow manufacturers to use any designs they choose. If the Mustang with which you are concerned was manufactured on or after January 1, 1968, the manufacturer would have had to certify that the vehicle was in compliance with all applicable safety standards, including Standard No. 207.; I am also enclosing a copy of Safety Standard No. 207 as it i currently written, since the standard has been amended several times since it was first issued. I hope you will find this information helpful.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam5358OpenLance Tunick, Esq. Bugatti 1919 Mount Zion Golden, CO 80401; Lance Tunick Esq. Bugatti 1919 Mount Zion Golden CO 80401; "Dear Mr. Tunick: This responds to your letter concerning low volum CAFE exemptions. I apologize for the delay in our response. You asked whether Bugatti Automobili S.p.A. (Bugatti) and Lotus Cars, Ltd. (Lotus), both of which are controlled by the same holding company, may submit separate low volume CAFE exemption petitions requesting two separate alternative standards. As discussed below, the answer to this question is no. Since any alternative CAFE standard would apply to Bugatti and Lotus together, a single combined petition must be submitted for a single alternative standard. According to your letter and a separate one received from Lotus, General Motors sold Lotus to Bugatti International Holding, SA, in August 1993. That holding company also controls Bugatti, which is planning to enter the U.S. market in the near future. Lotus and Bugatti intend to submit petitions for low volume CAFE exemptions. Moreover, the joint annual production of Bugatti and Lotus is far below the 10,000 vehicles per year eligibility threshold for low volume CAFE exemptions. In a telephone conversation with Edward Glancy of my staff, you indicated that Lotus cars are imported by Lotus USA. You also indicated that Bugatti cars could be imported by Lotus USA, or could be imported by a new company that would be established by Bugatti, e.g., 'Bugatti USA.' Finally, you indicated that Lotus USA is not in a control relationship with any other auto manufacturers. In addressing whether Bugatti and Lotus would be eligible for two separate standards, I will begin by identifying the statutory provisions which are relevant to determining who manufactures the vehicles at issue. Under section 501(8) of the Motor Vehicle Information and Cost Savings Act, '(t)he term 'manufacturer' means any person engaged in the business of manufacturing automobiles.' Under section 501(9), '(t)he term 'manufacture' (except for purposes of section 502(c)) means to produce in the customs territory of the United States, or to import.' Under section 501(10), '(t)he term 'import' means to import into the customs territory of the United States.' Under these sections, the company which imports foreign-built cars into the United States is the manufacturer of those automobiles. Thus, if Lotus USA imported Lotus cars and Bugatti cars, Lotus USA, rather than Bugatti Automobili S.p.A. and Lotus Cars, Ltd., would be considered the manufacturer of those vehicles for CAFE purposes. Since Lotus USA would be the manufacturer of all the vehicles under this scenario, and CAFE standards apply to all passenger automobiles manufactured by a manufacturer, there would be no basis for Bugatti and Lotus to request two separate standards. Instead, a single alternative standard would need to be requested for Lotus USA, which would cover all automobiles imported by that company. This result would not change if Bugatti established a new company, Bugatti USA, for importing cars into the U.S. This is because of the operation of section 503(c), which provides that any reference to 'automobiles manufactured by a manufacturer' is deemed to include all automobiles manufactured by persons who control, are controlled by, or are under common control with, such manufacturer. Since Lotus USA and Bugatti USA would presumably be under common control (traced back to Bugatti International Holding, SA), their fleets would be combined for CAFE purposes. Since many of the arguments you raise in your letter are relevant to this type of scenario, i.e., one in which Lotus and Bugatti cars would be considered to be manufactured by manufacturers within a control relationship, I will assume it for the rest of this letter. As you noted in your letter, NHTSA addressed the issue of how alternative CAFE standards apply to manufacturers within a control relationship in a July 1991 decision concerning low volume exemption petitions submitted by Ferrari. Ferrari and Alfa Romeo were under the common control of Fiat. We stated the following: Because of the operation of section 503(c), Ferrari and Alfa Romeo are in essence the same manufacturer for purposes of CAFE standards. As discussed below, under section 502, the same CAFE standard should apply to both manufacturers together. This is true for both generally applicable standards and alternative standards. Section 502(a), in setting forth the generally applicable standard, specifies a standard for 'passenger automobiles manufactured by any manufacturer.' Section 502(c)(1), in setting forth requirements relating to low volume exemptions, specifies that such exemptions may not be granted unless the Secretary establishes, by rule, alternative average fuel economy standards for 'passenger automobiles manufactured by manufacturers' which receive exemptions under this subsection. Under 503(c)(1), any reference to 'automobiles manufactured by a manufacturer' is deemed to include all automobiles manufactured by persons who control, are controlled by, or are under common control with, such manufacturer. Thus, any CAFE standard which applies to Ferrari should apply to Ferrari and Alfa Romeo together. Therefore, granting Ferrari a low volume exemption in MY 1988 would create a paradox, since Alfa Romeo is indisputably not eligible (given its own worldwide production) for an exemption. A similar paradox would arise in the context of determining compliance with the statute. Under section 503(a), neither manufacturer may have an independent CAFE value. Instead, by operation of section 503(c), they share a CAFE value that is based on the total volume of cars imported by both companies. Thus, a decision to grant an exemption to Ferrari while applying the generally applicable standard to Alfa Romeo would cause compliance enforcement difficulties by compelling the agency to try to compare a combined CAFE value to separate CAFE standards. 56 FR 31461, July 10, 1991. You argued in your letter that, because of factual differences, the Ferrari/Alfa analysis should not be applied to the Bugatti/Lotus situation, and Bugatti and Lotus should be permitted to submit separate low volume CAFE exemption petitions requesting two separate alternative standards. While we agree that there are factual differences, e.g., Ferrari and Alfa Romeo together produced too many vehicles to meet the eligibility threshold while Bugatti and Lotus do not, the situations are identical with respect to the issue of how CAFE standards apply to manufacturers within a control relationship. In particular, since Lotus USA and Bugatti USA would be under common control and because of the operation of section 503(c), the two companies would in essence be the same manufacturer for purposes of CAFE standards. Any alternative standard issued under section 502 would apply to the two companies together. Moreover, neither manufacturer would have an independent CAFE value under section 503(a). Instead, by operation of section 503(c), they would share a CAFE value that is based on the total volume of cars imported by both companies. Therefore, the same CAFE standard would necessarily apply to the two companies together. You raised several other objections in your letter. First, you stated that the CAFE statute provides that 'a manufacturer' may submit a petition for a CAFE exemption, and a joint petition would not fall within this provision. In fact, any one of the related companies (Lotus, Lotus USA, Bugatti, the Bugatti U.S. subsidiary, or the holding company) could submit a petition on behalf of the combined companies. However, any such petition would apply to the combined fleet of both Bugatti USA and Lotus USA. You also stated that combining two small companies together would muddy the question of the best fuel economy that each company is capable of achieving. However, NHTSA would simply assess the 'maximum feasible average fuel economy level' that could be achieved by the combined Bugatti/Lotus fleet. We recognize that this level would be dependent on assumptions about the relative volumes of Bugatti USA and Lotus USA. However, the agency needs to take this factor into account in assessing the capability of any manufacturer which produces vehicles with varying fuel economy values. Finally, you stated that if a joint alternative standard was established, NHTSA would face a difficult enforcement situation in the event of a failure to comply with the standard. You asked how the agency would divide the civil penalties. It is our opinion that Lotus USA and Bugatti USA would be jointly and severally liable for the full amount of the civil penalty, although we would permit the two companies to divide the penalty between themselves. I would like to address two other issues that are raised by the factual situation described in your letter: (1) the immediate eligibility of Bugatti/Lotus given that Lotus was owned by General Motors until August 1993, and (2) the timing of petitions for low volume exemptions. As you know, section 502(c)(1) specifies that low volume exemptions are only available for manufacturers 'who manufactured ... fewer than 10,000 passenger automobiles in the second model year preceding the model year for which the application is made....' (Emphasis added.) During the time that Lotus was owned by General Motors, the combined companies manufactured far more than 10,000 vehicles. It is our opinion that Lotus does not have to wait two years from the date it ceased being in a control relationship with General Motors to be eligible, given the circumstances described above. In particular, we believe that the requirement that a manufacturer have manufactured fewer than 10,000 passenger automobiles in the second model year preceding the model year for which the application is made was intended to address varying production levels (above and below 10,000) and not a situation where a small manufacturer such as Lotus is sold by a large manufacturer. With respect to the timing of petitions, NHTSA's regulations at 49 CFR 525.6, Requirements for petition, state that petitions from low volume manufacturers for alternative fuel economy standards must be 'submitted not later than 24 months before the beginning of the affected model year, unless good cause for later submission is shown.' Clearly, the deadline for a timely submission for model years 1994-96 has passed. On the issue of 'good cause' for a later submission, we note that Lotus was not sold by General Motors until August 1993, and both Lotus and Bugatti requested our opinion concerning submitting a petition within three months of that sale. Under the circumstances, we conclude that, Lotus/Bugatti have, to date, taken reasonable measures to submit a petition in as timely a manner as possible. Therefore, if a petition that meets the requirements of 49 CFR Part 525 is submitted promptly after receipt of this letter, we will consider there to be good cause shown for submitting a late petition for model years 1994-96. I also note that a petition for model year 1997 would be due later this year. I hope this information is helpful. If there are any questions, please contact Dorothy Nakama of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam2167OpenMr. LeRoy E. Mueller, President, Wisconsin Trailer Company, Inc., Richfield, WI 53076; Mr. LeRoy E. Mueller President Wisconsin Trailer Company Inc. Richfield WI 53076; Dear Mr. Mueller: This responds to your November 26, 1975, request for confirmation tha the NHTSA permits the establishment of gross axle weight ratings (GAWR) for trailer axles based on use at a speed of less than 60 mph.; Your interpretation is incorrect. In the April 28, 1975, interpretatio letter to Mr. James Srch that was enclosed in the NHTSA's recent letter to you, it was stated that '. . .NHTSA has found it necessary to specify that GAWR's and GVWR's be calculated on the basis of highway speeds and not qualified by reduced speed ratings. . . .'; Since the NHTSA's November 20, 1975, letter to you, the agency ha published a proposal that would amend the definition of GAWR to conform to this interpretation. A copy is enclosed for your information.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam2537OpenMr. Robert B. Kurre, Director Engineering, Wayne Corporation, P. O. Box 1447, Industries Road, Richmond, IN 47374; Mr. Robert B. Kurre Director Engineering Wayne Corporation P. O. Box 1447 Industries Road Richmond IN 47374; Dear Mr. Kurre: This responds to your oral request of February 17, 1977, for a interpretation of the requirements of Standard No. 210, *Seat Belt Assembly Anchorages*, as they apply to Standard No. 222, *School Bus Passenger Seating and Crash Protection*. In particular, you ask how much force must be used when testing school bus seat belt anchorages for compliance with the standards.; As you may know, the National Highway Traffic Safety Administration initially proposed that seat belt anchorages be installed in all school buses. At that time, we also proposed that each seat belt assembly be tested under a force of 1,500 pounds. A seat containing three seating positions would have had the three seat belt assemblies tested simultaneously with a possible resulting load upon the seat of 4,500 pounds. The requirement of seat belt anchorages in larger buses was dropped from the proposal based upon comments from school bus operators and as a result of our compartmentalization approach to passenger seating safety in school buses.; The present Standard No. 222 requires seat belts and anchorages i small buses and mandates testing of the anchorages as outlined in Standard No. 210. Standard No. 210 requires in S4.2.1 that each seat belt assembly sustain a force application of 5,000 pounds. Where two adjacent seating positions have a common seat belt anchorage mounted on a seat frame, the two seat belt assemblies must simultaneously sustain a 5,000 pound force for a maximum load on the seat of 10,000 pounds.; Standard No. 207, *Seating System*, requires the simultaneous testin of all seat-mounted seat belt assemblies, whether or not they have common anchorages. However, Standard No. 207 is not applicable to school bus seatsconstructed (sic) in accordance with Standard No. 222, and it is not necessary to test simultaneously all seat belt assemblies attached to anchorages mounted on a school bus seat frame.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam2022OpenMr. Dennis Replansky, Four Penn Center Plaza, Philadelphia, PA 19103; Mr. Dennis Replansky Four Penn Center Plaza Philadelphia PA 19103; Dear Mr. Replansky: This responds to your recent request for a discussion of wha constitutes the manufacture of a new trailer when used components from an existing trailer are utilized. As you are aware, a newly-manufactured air-braked trailer must, in all but a few cases, be equipped with an air brake system that conforms to Standard No. 121, *Air Brake Systems*.; The use of new components in combination with used components t assemble a complete vehicle is a common practice in both truck and trailer operations. The National Highway Traffic Safety Administration (NHTSA) has recognized this commercial practice by establishing that the use of a new body on a used 'chassis' that has already been certified does not constitute the manufacture of a new vehicle. In contrast, placing a used body on a new chassis that has never been certified as a vehicle has been determined to create a newly-manufactured vehicle that must be certified. This distinction did not present difficulty to trailer manufacturers in the past, when they were only required to meet the lighting requirements of Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*.; Since implementation of Standard No. 121, however, manufacturers hav had to determine whether the particular assembly they undertake contains a used 'chassis' which would not be required to meet the air brake standard. As a general matter, the NHTSA has stated that, as a minimum, the running gear (the axles, wheels, suspension, and related components sometimes known as a bogie) and main frame of the existing vehicle must be used to qualify as a used 'chassis'. However, the many different types of trailer construction make it difficult to determine what constitutes the main frame of some configurations. The NHTSA has concluded that the load-bearing structural member(s) which run the length of the vehicle and support the trailer will be considered to be the 'main frame'.; In the case of monocoque van construction, the trailer side walls whic constitute the main load-bearing members through the length of the vehicle must be reused as the main frame in addition to the running gear, or else the rebuilding operation will constitute manufacture of a new vehicle.; In the case of container chassis, the box frame that consitutes (sic the main load- bearing member through the length of the vehicle must be reused as the main frame in addition to the running gear, or else the rebuilding operation will constitute manufacture of a new vehicle.; In the case of a platform trailer, the main frame members which run th length of the trailer must be reused in addition to the running gear, or else the rebuilding operation will constitute manufacture of a new vehicle.; In the case of a tank trailer in which the tank serves the purpose o and replaces frame rails, the tank must be reused as the main frame in addition to the running gear, or else the rebuilding operation will constitute manufacture of a new vehicle. If a separate frame serves as the load-bearing member through the length of the vehicle, the tank could be replaced without the operation constituting the manufacture of a new vehicle. An inner tank may be replaced without certification as a new vehicle if the inner tank does not serve as a main load-bearing member.; Modifications of existing trailers to increase or decrease volumetri capacity or vehicle length are generally permitted without recertification. For example, the barrel of a tank trailer may be lengthened in response to the new weight limits without recertification of the vehicle.; In closing, it should be noted that Bureau of Motor Carrier regulation may differ on modification or rebuilding of vehicles in interstate commerce.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam2472OpenMr. Michael E. Bufkin, 1136 Gail Lane, Sleepy Hollow, IL 60118; Mr. Michael E. Bufkin 1136 Gail Lane Sleepy Hollow IL 60118; Dear Mr. Bufkin: This responds to your November 12, 1976, question whether a tire bran name owner is required by S 574.7(b) of Part 574, *Tire Identification and Recordkeeping*, to establish and maintain specified purchaser information on its tires if the distributor or dealer fails to provide that information as specified by S 574.8 of the regulation. You also ask whether a tire registration form with dimensions other than those specified in Figure 3 of the regulation may be provided to tire distributors and dealers.; Section 158(b) of the National Traffic and Motor Vehicle Safety Act (1 U.S.C. S 1418(b)) mandates the tire manufacurer's (sic) (including brand name owner's) responsibility to establish and maintain the purchaser information, independent of the distributor's or dealer's cooperation:; >>>S 158(a)(1) * * * * * (b) Every manufacturer of motor vehicle or tires shall cause th establishment and maintenance of records of the name and address of the first purchaser of each motor vehicle and tire produced by such manufacturer * * *<<<; Thus, the brand name owner's responsibility is a statutory one independent of any interpretation of Part 574.; With regard to the size of the tire registration form, S 574.7(a permits the use of any size form unless a dealer requests forms that conform to the universal format set forth in Figure 3. The agency has interpreted the requirement for provision of the universal format to not apply in the case of a dealer that sells only one brand of tire.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam2188OpenMr. Stuart R. Perkins, Director, Vehicle Safety, Jeep Corporation, 14250 Plymouth Road, Detroit, MI 48232; Mr. Stuart R. Perkins Director Vehicle Safety Jeep Corporation 14250 Plymouth Road Detroit MI 48232; Dear Mr. Perkins: This responds to Jeep Corporation's October 16, 1975, petition t initiate rulemaking to amend the present definition of 'Unloaded vehicle weight' (49 CFR S571.3) which reads:; >>>'Unloaded vehicle weight' means the weight of a vehicle with maximu capacity of all fluids necessary for operation of the vehicle, but without cargo or occupants.<<<; Jeep requests that the definition be amended to 'indicate that th unloaded vehicle [weight] does not include work-performing accessories which may be available as original equipment accessories.' The Jeep petition argues that the impracticality of conducting some dynamic testing with 'work-performing accessories' in place may force the discontinuance of some factory-installed accessories although factory installation may be more safe than a subsequent aftermarket installation.; The Jeep Corporation petition is denied. As a general matter, the NHTS has established that a vehicle which is designed to accept an optional component must be capable of meeting all applicable standards with the component installed. The NHTSA has evaluated the potential problems of dynamic testing with heavy or protruding accessories in place and concludes that a decision on the practicality and wisdom of so doing should be made on a 'standard-by-standard' basis. As you noted, the NHTSA has provided for removal of work-performing accessories in conducting compliance tests under Standard No. 219, *Windshield Zone Intrusion*. If Jeep considers dynamic testing in other standards to be unjustifiably burdensome because of the necessity of testing with all accessories in place, it would be appropriate to petition for rulemaking to amend the standard in question.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs; |
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ID: aiam2921OpenMr. Dominic S. Piacenza, Franklin Pierce Law Center, 2 White Street, Concord, NH 03301; Mr. Dominic S. Piacenza Franklin Pierce Law Center 2 White Street Concord NH 03301; Dear Mr. Piacenza: This is in response to your letter of November 9, 1978, asking whethe a memorandum of understanding exists between the National Highway Traffic Safety Administration (NHTSA) and the Federal Trade Commission (FTC) concerning the apparent overlapping jurisdiction regarding tire marketing practices created by Section 203 of the National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act)(15 U.S.C. 1423). You ask whether NHTSA's jurisdiction extends solely to safety- related issues.; NHTSA's authority is not confined solely to the area of motor vehicl and traffic safety. For example, under the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901) the agency has been given authority over the areas of fuel economy and economic losses to consumers as they relate to automobiles. While the Safety Act is primarily concerned with safety issues, Section 203 of that law does provide NHTSA with limited authority over tire marketing practices. The Uniform Tire Quality Grading Standards (49 CFR 575.104), issued by NHTSA under the authority of Section 203, provide information to consumers in tire performance areas relating to both safety and economic issues.; While the FTC is aware of and supports NHTSA's efforts in the field o tire grading, no memorandum of understanding exists with regard to the scope of NHTSA's activities. Section 205 of the Safety Act (15 U.S.C. 1425) does state that, in the event of conflict between orders or regulations issued under the Safety Act concerning motor vehicle tires and FTC orders or interpretations, the orders or regulations issued under the Safety Act shall prevail.; Sincerely, Joseph J. Levin, Jr., 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.