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
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ID: aiam4475OpenMr. Sadato Kadoya Manager, Safety Engineering Mazda (North America), Inc. Research & Development Center 1203 Woodbridge Avenue Ann Arbor, MI 48105; Mr. Sadato Kadoya Manager Safety Engineering Mazda (North America) Inc. Research & Development Center 1203 Woodbridge Avenue Ann Arbor MI 48105; Dear Mr. Kadoya: This is in reply to your letters of July 14, l988 with respect to an interpretation of Motor Vehicle Safety Standard No. 108 and a request for confidential treatment of it. We understand that you orally withdrew this request during a telephone conversation with this Office on August 23, l988. You have asked whether Standard No. 108 permits the use of replaceable bulb headlamps with adjustable reflectors, or the use of such lamps as fog and/or cornering lamps. Although Standard No. 108 defines a replaceable bulb headlamp as one with a bonded lens-reflector assembly, this definition does not preclude a design with an adjustable reflector, as the bond may be applied to a portion of the reflector assembly that is not adjustable. However, a headlamp with an adjustable reflector must be designed to conform with all applicable photometric requirements with the reflector in all positions in which it may be adjusted. As for its use as a fog or cornering lamp, you are correct that it is acceptable provided that it does not impair the effectiveness of the lighting equipment required by Standard No. 108. Whether the device impairs the effectiveness is determined by the vehicle manufacturer before it certifies compliance with all applicable Federal motor vehicle safety standards. The decision, however, may be questioned by this agency if it appears erroneous. I hope that this answers your questions. Sincerely, Erika Z. Jones Chief Counsel; |
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ID: aiam1227OpenMs. Dianne Black, British Leyland Motors, Inc., 600 Willow Tree Road, Leonia, NJ 07605; Ms. Dianne Black British Leyland Motors Inc. 600 Willow Tree Road Leonia NJ 07605; Dear Ms. Black: This is in response to your letter of August 21, 1973, in which yo inquire whether British Leyland Motors Inc. may add to the consumer information leaflets for prospective purchasers, required by NHTSA regulations, the consumer information required by the Environmental Protection Agency.; As long as the information required by NHTSA is presented in conformit with 49 CFR 575, we have no objection to the inclusion within the same covers of additional information relative to EPA requirements. This would permit any format which includes EPA information without detracting from the clear and unconditional presentation of tabular information required under S 575.6(a) of Part 575.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4025OpenMr. Kurth Ioth, President, Bigway America, Inc., 601 E. Yorba Linda Blvd. Suite 6, Placentia, CA 92670; Mr. Kurth Ioth President Bigway America Inc. 601 E. Yorba Linda Blvd. Suite 6 Placentia CA 92670; Dear Mr. Ioth: Thank you for your letter of August 5, 1985, concerning a product yo wish to import into the United States. You asked several questions about the application of our regulations to your product. I hope the following discussion answers your questions.; According to the literature you enclosed in your letter, the product i a device which prevents the normal operation of a vehicle until the driver's safety belt is fastened. The product is installed directly beneath the vehicle's accelerator. Until the driver's safety belt is fastened, a lock system prevents the accelerator from being depressed. According to the drawing accompanying your letter, your product requires the installation of a new buckle and latchplate in a vehicle's safety belt system. To install the latchplate, the vehicle's safety belt must be cut.; Our agency has the authority under the National Traffic and Moto Vehicle Safety Act to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet our safety standards. In the case of an imported product, the importer is considered the manufacturer of the product for the purposes of our requirements. In addition to ensuring that your product complies with all applicable safety standards, you are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with noncompliances or defects related to motor safety.; If your product is installed in a new vehicle prior to its first sal to a consumer, then the person performing the alteration would be considered a vehicle alterer under our certification regulation (49 CFR Part 567), a copy of which is enclosed. Part 567.7 requires alterers to certify that the vehicle, as altered, complies with all applicable safety standards. In particular, the installer of your device would have to ensure that the safety belt system still complied with all of the requirements, including the safety belt webbing strength requirement of Standard No. 209, *Seat Belt Assemblies*, a copy of the standard is enclosed.; Installation of your device in a used vehicle could be affected b section 108(a)(2)(A) of the Vehicle Safety Act. That section provides, in part:; >>>No manufacturer, distributor, dealer or motor vehicle repai business shall knowingly render inoperative...any device (sic) element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard....<<<; Thus, a commercial business installing your product in a used vehicl would have to ensure that it did not knowingly render inoperative the vehicle's compliance with any of our safety standards by the installation of your device.; You also asked about our regulations concerning the importation o products. Section 110(e) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1399(e)) requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his or her agent upon whom service of all processes, orders, notices, decisions and requirements may be made. In order for that designation to be valid, the following information must be submitted to the Office of the Chief Counsel:; 1. A certification that the designation is valid in form and binding o the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made,; 2. The full legal name, principal place of business and mailing addres of the manufacturer,; 3. Marks, trade names, or other designation of origin of any of th manufacturer's products which do not bear its name,; 4. A statement that the designation shall remain in effect unti withdrawn or replaced by the manufacturer.; 5. A declaration of acceptance duly signed by the agent appointed which may be an individual, a firm or a U.S. corporation, and; 6. The full legal name and address of the designated agent. In addition, the designation must be signed by one with authority t appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.; I hope this information is of assistance to you. If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam0066OpenMr. Warren M. Heath, Commander, Engineering Section, Department of California Highway Patrol, P.O. Box 898, Sacramento, CA 95804; Mr. Warren M. Heath Commander Engineering Section Department of California Highway Patrol P.O. Box 898 Sacramento CA 95804; Dear Commander Heath: Thank you for your letter of January 16, 1968, your referenc 61.A218.A1115, to the National Highway Safety Bureau concerning applicability of Federal Motor Vehicle Safety Standards 108 and 205 to campers.; Your questions along with our corresponding answers are listed below: >>>Question: 1. Do Federal Standards Nos. 108 and 205 apply to campe bodies which are not manufactured as a part of a vehicle but which may be purchased separately and later installed on a pickup truck by its owner?; Answer: The enclosed Notice of Ruling Regarding Campers affirms th applicability of Federal Standard No. 205 to camper bodies. Federal Standard No. 108 is a standard applicable to chassis cabs and to complete motor vehicles.; Question: 2. Do Federal Standards Nos. 108 and 205 apply to camper which are sold by the pickup truck dealer as part of a new vehicle even though the camper body itself is actually a load on the pickup and is designed to be removed from the pickup when the owner decides to transport other types of loads?; Answer: The applicability of Federal Standard No. 205 is covered in th enclosure. Federal Standard No. 108 is a requirement upon the dealer who sells a motor vehicle. If the vehicle is designed for more than one configuration in use, the dealer must provide that both configurations are in compliance with Federal Motor Vehicle Safety Standards.<<<; The enclosed information on the National Traffic and Motor Vehicl Safety Act of 1966 are provided to further assist you.; Sincerely, Joseph R. O'Gorman, Acting Director, Office of Performanc Analysis, Motor Vehicle Safety Performance Service; |
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ID: aiam5264OpenMr. Larry Grabsky VML and Colonna Corp. 2122 - 65th St. Brooklyn, NY 11204; Mr. Larry Grabsky VML and Colonna Corp. 2122 - 65th St. Brooklyn NY 11204; Dear Mr. Grabasky: This is reply to your recent letter asking our view on the use of decorative neon lamps, or of oscillating or revolving ones. This agency establishes the Federal motor vehicle safety standards which must be met from the time a motor vehicle is manufactured up until its sale to its first purchaser for purposes other than resale. The new car dealer is responsible for ensuring that any lighting equipment that it adds before the sale of the vehicle does not impair the effectiveness of lighting equipment that is required by the standard. The determination of whether an impairment exists is made by the person responsible for adding the equipment. If this determination appears clearly erroneous, NHTSA will question it. In addition, all lighting equipment added before the vehicle's first sale must be steady burning when it is used. If the lighting equipment is added after the vehicle's sale by a manufacturer, dealer, distributor, or motor vehicle repair business, it is subject to the restriction that it not 'render inoperative, in whole or in part' any lamp that has been installed in accordance with Standard No. 108. Supplementary motor vehicle lighting equipment, whether added before or after initial sale of the vehicle, is subject to the laws of States in which the vehicle is operated, even if the equipment is not prohibited under Federal law. With respect to neon lights, we are aware of aftermarket installations on the underside of vehicles that illuminate the pavement below. If such lamps create glare that distracts another motorist from perceiving, for example, the turn signals in use, we would consider that an impairment and a partially rendering inoperative within the meaning of those terms. We are unable to advise you on State laws regarding the use of neon lights on vehicles, and suggest that you write for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203. We are unsure what you mean by 'oscillating' but Standard No. 108, in general, requires lamps added before a vehicle's initial sale to be steady burning in use, unless otherwise permitted (such as turn signals and hazard warning signals, and automatic flashing of headlamps for signalling purposes). Installation of a non steady burning lamp by a manufacturer, dealer, distributor, or motor vehicle repair business after initial sale could be viewed as a rendering inoperative depending upon the circumstances. Standard No. 108 does allow a motorcycle to be equipped with a modulating headlamp for daytime use. The modulation permitted is 240 +/- 40 cycles per minute. When NHTSA proposed to allow the modulating headlamp, some commenters were concerned that the flashing might trigger a photic reaction akin to an attack of epilepsy, in onlookers. We believe that the reaction is most likely to occur at a frequency of 10 hz against a very dark background. Thus, care should be taken in the use of supplementary lamps that are not steady burning. As for revolving lamps, we believe that these are generally found on police and emergency vehicles such as ambulances and tow trucks. Whether it is permissible to equip a vehicle with these lamps and to use them is a question to be answered under State law. Sincerely, John Womack Acting Chief Counsel; |
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ID: aiam0436OpenMr. K. Shindo,Executive Director,Meiji Rubber & Chemical Company, Ltd.,Kojima Building,10-2, Nishishinjuku, 1Chome.Shinjuku-Ku,Tokyo, Japan; Mr. K. Shindo Executive Director Meiji Rubber & Chemical Company Ltd. Kojima Building 10-2 Nishishinjuku 1Chome.Shinjuku-Ku Tokyo Japan; Dear Mr. Shindo:#This is in reply to your letter of September 3 askin questions about compliance of hydraulic brake hose assemblies with Federal Motor Vehicle Safety Standard No. 106.#With respect to your first to questions, The National Highway Traffic Safety Administration does not require that you demonstrate compliance with Standard No. 106 prior to supplying Japanese car manufacturers with brake hose assemblies to be installed on cars intended for export to the united States. If the Japanese vehicle manufacturers request proof of compliance from you (apparently in the form of a certification from the Commonwealth of Pennsylvania based upon test reports from only one or two test laboratories) such a request os solely a business matter between you and the vehicle manufacturer.#Your third question points out that proposed Standard No. 106 (Docket No. 1-5, Notice 7) would eliminate the specification of brake material for hydraulic brake hoses and asks whether you may implement this 'revision' at the present time. Notice 7 is a proposal only, and the current requirements specifying braid material remain in effect until a formal amendment of Standard No. 106 occurs. The brake hose manufacturer's code number, the subject of your fourth question is also a proposal which may or may not be adopted in the final rule.#Sincerely,Lawrence R. Schneider,Acting Chief Counsel; |
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ID: aiam5634OpenMr. Ben Ray Route 2, Box 229-E Savannah, TN 38372; Mr. Ben Ray Route 2 Box 229-E Savannah TN 38372; "Dear Mr. Ray: This responds to your letter asking about Federa requirements for automatic brake adjusters on log trailers. According to your letter, you manufacture log trailers, using used axles that already have what you call 'regular' (i.e., manual) brake adjusters on them. In an October 13, 1995 telephone conversation with Mr. Marvin Shaw of my staff, you further stated that the wheels, brakes, and suspension are typically used, but that occasionally you use new brake systems. You also clarified that these trailers are used on the public roads as well as in the woods for transporting logs to the mills. You asked whether it is permissible to use manual brake adjusters instead of automatic adjusters. The answer depends on whether your log trailers are equipped with new or used components and the trailer continues to use the Vehicle Identification Number (VIN) and to be owned by the user of the reassembled vehicle. By way of background information, the National Highway Traffic Safety Administration (NHTSA) issues safety standards for new motor vehicles and new motor vehicle equipment. The agency does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles or equipment meet all applicable standards. One such standard is Standard No. 121, Air brake system, which requires new trailers to be equipped with automatic brake adjusters. The following represents our opinion based on the facts provided in your letter. NHTSA's regulations specifically address the question of when trailers produced by combining new components and used materials are considered to be new trailers. Section 49 CFR 571.7(f) states that when new and used components are used in trailer manufacture, the trailer will be considered 'newly manufactured' unless each of the following three conditions is true with respect to the trailer. First, the trailer running gear assembly, which includes the axle(s), wheels, braking and suspension, is not new and was taken from an existing trailer. Second, the existing trailer's identity is continued in the reassembled vehicle with respect to the VIN. Third, the existing trailer is owned or leased by the user of the reassembled vehicle. In other words, a log trailer will generally be considered newly manufactured, unless all these conditions are met. If a trailer is considered newly manufactured, then it must comply with the current requirements applicable to trailers. Among other things, this means that the trailer must be equipped with automatic adjusters. If a trailer meets these three conditions, then it is considered not newly manufactured and may be equipped with manual adjusters. I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992. Sincerely, Samuel J. Dubbin Chief Counsel"; |
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ID: aiam4926OpenJohn C. Buonora Director The City of New York Police Department Motor Transport Division 53-15 58th Street Woodside, NY 11377; John C. Buonora Director The City of New York Police Department Motor Transport Division 53-15 58th Street Woodside NY 11377; "Dear Mr. Buonora: This responds to your letter of November 1, 1991 'regarding the removal of the operating handle for the reclining mechanism of the 1991 Chevrolet police car split bench seat.' You asked for 'a written determination stating whether or not the removal of the operating handle violates the seat safety standard and any possible NYPD legal liability in the event of an accident.' I am pleased to have this opportunity to explain the requirements of Federal law for you. The National Traffic and Motor Vehicle Safety Act (Safety Act) authorizes this agency to issue safety standards for new motor vehicles and new items of motor vehicle equipment. The Safety Act requires manufacturers to certify that each of their new vehicles or new items of equipment complies with all applicable safety standards at the time the product is delivered to the first purchaser in good faith for purposes other than resale. After a vehicle is delivered to the first purchaser for purposes other than resale, modifications to the vehicle are affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, dealer, distributor, or repair business from 'rendering inoperative' any device or element of design installed in a vehicle in compliance with a safety standard. Therefore, if a business in any of the aforementioned categories removed the reclining mechanism operating handle, it would need to ensure that the vehicle continued to comply with all applicable safety standards following the removal. Please note that section 108(a)(2)(A) does not affect modifications made by vehicle owners to their own vehicles. Therefore, the City of New York Police Department may itself remove the operating handle for the seat reclining mechanism on vehicles it owns without violating the 'render inoperative' provision or any other provisions of the Safety Act, even if such removal did result in the vehicle no longer complying with all applicable safety standards. However, the individual States have the authority to regulate the modifications that owners can make to their own vehicles. You should contact the State of New York to learn if it has enacted any laws or regulations that apply to your planned modification. In addition, since legal liability is a matter of state law, you may wish to consult with an attorney familiar with the law in the State of New York regarding potential liability. I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam2364OpenMr. Jack A. Johnson, Chief Engineer, MOTAC Inc., 8400 East Slauson Ave., Pico Rivera, CA 90660; Mr. Jack A. Johnson Chief Engineer MOTAC Inc. 8400 East Slauson Ave. Pico Rivera CA 90660; Dear Mr. Johnson: This responds to Motac's June 24, 1976, request to know why a traile with a flat cargo-carrying surface that is not more than 40 inches above the ground is considered a 'heavy hauler trailer' (as defined in Standard No. 121, *Air Brake Systems*), while a trailer with an inclined cargo-carrying surface that is more than 40 inches above the ground over the fifth wheel attachment point is not considered a heavy hauler trailer. You also request confirmation that the period for exclusion of heavy hauler trailers from the standard has been extended to September 1, 1977.; At the time that the 'heavy hauler trailer' exclusion was implemented the agency considered and rejected the addition of trailers with inclined beds to the excluded category. I have enclosed a copy of the notice that implemented the exclusion, which states 'The NHTSA has concluded that trailers with beds higher than 40 inches (including trailers whose beds are below 40 inches over the wheels but higher than 40 inches over the fifth wheel) can accommodate the new larger brake packages available at this time.' Of course, the exclusion was intended to and does apply to the traditional trailer with a gooseneck and a flat cargo-carrying surface that is not more than 40 inches above the ground. The 'double-drop semi', the 'stock drop frame flat-bed', and the '40 '-0' single axle drop frame platform semi' you describe appear to qualify as heavy hauler trailers.; I have enclosed a copy of the amendment of Standard No. 121 tha extends the date for exclusion of heavy hauler trailers to September 1, 1977.; Yours truly, Frank Berndt, Acting Chief Counsel |
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ID: aiam0359OpenMr. Sidney W. Smith, Director of Engineering, Williamsen Body & Equipment Company, 1925 Indiana Avenue, P.O. Box 1076, Salt Lake City, UT 84111; Mr. Sidney W. Smith Director of Engineering Williamsen Body & Equipment Company 1925 Indiana Avenue P.O. Box 1076 Salt Lake City UT 84111; Dear Mr. Smith: This is in reply to your letter of May 18, 1971, requesting a interpretation of the Tire Identification and Record Keeping Regulation (49 C.F.R. Part 574) as it applies to vehicles manufactured in two or more stages.; The final-stage manufacturer, as a vehicle manufacturer, under sectio 113(f) of the National Traffic and Motor Vehicle Safety Act, is required to keep a record of the name and address of the first purchaser for purposes other than resale, and to maintain a record of the tires shipped on or in the completed vehicle (49 C.F.R. 574.10). Although the final-stage manufacturer may designate someone to maintain the records required under section 574.10 of the Tire Identification and Record Keeping Regulation, the legal responsibility for maintaining the records remains with the final-stage manufacturer.; However, the incomplete vehicle manufacturer, or any intermediat manufacturer, may assume 'legal responsibility for all duties and liabilities imposed on manufacturers by (the Act) with respect to the vehicle as finally manufactured . . .' (49 C.F.R. 568.7). In such a case, the responsibilities for maintaining the records required by the Act and by the Tire Identification and Record Keeping Regulation will be assumed by the incomplete vehicle manufacturer, or any intermediate manufacturer, and the final-stage manufacturer will be relieved of all liability for maintaining the records.; Under the Tire Identification and Record Keeping Regulation, th manufacturer is not required to keep a record of tires manufactured before May 22, 1971, but sold after that date. However, where feasible, we recommend that the manufacturer maintain some system whereby he can identify the type of tire on vehicles he sells as well as the purchaser of the vehicle.; For your convenience, we have enclosed copies of the Act with it amendments, the Tire Identification and Record Keeping Regulation, and the Certification Regulation.; Sincerely, Lawrence R. Schneider, Acting 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.