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: aiam5240OpenMr. Bernhard Peer President Peer Enterprises, Inc. P.O. Box 580237 Houston, TX 77258-0237; Mr. Bernhard Peer President Peer Enterprises Inc. P.O. Box 580237 Houston TX 77258-0237; "Dear Mr. Peer: This responds to your letter in which you reques 'Federal approval and certification' for the 'TWIP,' the product you plan to import into the United States. You state that this product is a battery driven, two-wheeled electric scooter with a maximum top speed of about 9 miles per hour. In a telephone conversation with Marvin Shaw of my staff, you stated that the TWIP will be used in warehouses and for recreational purposes. I am pleased to have this opportunity to explain our regulations to you. NHTSA has the authority under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A), Safety Act) to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Section 102(3) of the Safety Act defines 'motor vehicle' as: A ny vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails. Based on statements in your letter and in your telephone conversation that the TWIP would be used in warehouses and for off-road recreational purposes, it appears that the TWIP is manufactured primarily for off-road purposes rather than for use on the public streets. Therefore, your product would not be a motor vehicle and thus would not be subject to any of this agency's safety standards. Even if your product is manufactured for on-road use a substantial amount of the time, it appears that the TWIP would still not be a motor vehicle under this agency's statutory definitions. This is because NHTSA has stated in many previous interpretations that vehicles that regularly use the public roads will not be considered 'motor vehicles' if such vehicles have a maximum attainable speed of 20 miles per hour or less and have an abnormal configuration that readily distinguishes them from other vehicles. These criteria are met by the TWIP. In your letter, you stated that the TWIP has a top speed of approximately 9 miles per hour. The sales material you enclosed show that the TWIP's steering mechanism and driver's seat are attached to elongated bars that fold down apparently to make the scooter more portable. This configuration readily distinguishes it from motorcycles and other two-wheeled vehicles. I wish to clarify this agency's authority to provide 'federal approval and certification.' As noted above, under the Safety Act, NHTSA is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. However, NHTSA does not approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards. Therefore, even if the TWIP had been found to be a motor vehicle, the agency would not have approved or certified it. Rather, you, as its manufacturer, would be responsible for certification. Because your vehicle is not a 'motor vehicle,' under the Safety Act, none of this agency's standards or regulations applies to it. You may wish to contact the U.S. Consumer Product Safety Commission to learn if they have any Federal safety regulations that would apply. Their address is: Office of Chief Counsel 5401 Westbard Avenue Bethesda, MD 20207 Telephone: (301) 504-0980 You may also wish to consider the possible application of State laws to your product. For additional information on State laws, you may contact the American Association of Motor Vehicle Administrators at: 4200 Wilson Blvd., Suite 600 Arlington, VA 22203 Telephone: (703) 522-4200 I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam0042OpenMr. R.L. Donnelly, Corporate Secretary, The Armstrong Rubber Company, 4755 Elm Street, West Haven, Connecticut 06516; Mr. R.L. Donnelly Corporate Secretary The Armstrong Rubber Company 4755 Elm Street West Haven Connecticut 06516; Dear Mr. Donnelly: #Mr. Bridwell has asked that I reply to your lette of December 5, 1967, which asks if the labeling requirements of S4.3 of Standard No. 109, can be complied with by placing some of the information on one sidewall of a tire and other information on the other sidewall. #The Standard requires that all of the labeling information be on both sidewalls and placing some of the necessary information on one sidewall of the tire and some on the other would not satisfy this requirement. #The standard provides that until August 1, 1968, the labeling requirements of S4.3 may be met by affixing to each tire a label or tag that incorporates all specified information not molded into or onto the tire.'(sic) #Sincerely, Robert M. O'Mahoney, Assistant Chief Counsel; |
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ID: aiam4902OpenMr. Jack Garbo President/General Counsel AVM Products, Inc. 2333 Delante St. Fort Worth, TX 76117; Mr. Jack Garbo President/General Counsel AVM Products Inc. 2333 Delante St. Fort Worth TX 76117; Dear Mr. Garbo: This responds to your letter of July 11, 1991 requesting clarification of Standard No. 208. Specifically, you asked 'whether the three-point seatbelt is required in all middle and rear outboard seating positions in the multipurpose vehicles after September 1, 1991.' Specifically, you requested verification of your interpretation that these requirements apply only to forward-facing seating, and not rearward-facing seating. Your interpretation regarding rearward-facing seats is correct. Beginning September 1, 1991, multipurpose passenger vehicles must have lap/shoulder belts at every forward-facing rear outboard designated seating positions. The term 'rear outboard designated seating position' is defined in S4.2.4.1(b) as an 'outboard designated seating position' located rearward of the front seat(s). If by the phrase 'middle and rear outboard seating positions' you are referring to outboard seating positions in different rows of seats located behind the front seat(s), each such position that is forward-facing must be equipped with lap/shoulder belts after September 1, 1991. If instead the term 'middle' is referring to center seating position(s) on bench seats, such positions may be equipped with either lap or lap/shoulder belts. Rearward-facing seats may also be equipped with either lap or lap/shoulder belts. I hope this information is useful. If you have any further questions or need some additional information on this subject, 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: aiam5610OpenMr. Bryan G. Nelson Director, Health & Transportation Services Parents in Community Action Inc. 700 Humboldt Avenue, North Minneapolis, MN 55411; Mr. Bryan G. Nelson Director Health & Transportation Services Parents in Community Action Inc. 700 Humboldt Avenue North Minneapolis MN 55411; "Dear Mr. Nelson: Thank you for your letter asking for confirmatio that the National Highway Traffic Safety Administration (NHTSA) recommends, but does not require, school buses to be yellow. Your understanding is correct. NHTSA's recommendation that school buses be painted yellow is found in Highway Safety Program Guideline 17, 'Pupil Transportation Safety' (copy enclosed). Guideline 17 consists of recommendations for State pupil transportation safety programs. Guideline 17 will affect the operation of school buses in your area only if it has been adopted by your State or local officials. We wish to note, however, that there are safety reasons behind Guideline 17's recommendation for the uniform school bus color. Motorists associate the yellow color with school buses, and quickly recognize that a yellow bus is transporting school children. The yellow color is a signal to motorists to be especially alert around the vehicles, particularly when the buses are loading and unloading children. For these reasons, NHTSA believes all school buses should be yellow. We also want to highlight for your information that Guideline 17 is different from NHTSA's school bus safety standards, which by Federal law apply to all new school buses, regardless of State action. The school bus safety standards require new school buses to have safety systems such as energy-absorbing seats, school bus lamps, stop arms, and improved emergency exits and rearview mirrors. These requirements apply to all new school buses, no matter what the States have done to adopt them. The safety record of school buses has improved in the years since buses began to meet the school bus safety standards. I hope this information is helpful. If you have further questions, please contact Ms. Deirdre Fujita of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam0412OpenMr. T. Nakajima, Senior Engineer, Mitsubishi Motors Corporation, Suite 410 Trowell Building, 24681 Northwestern Highway, Southfield, MI 48075; Mr. T. Nakajima Senior Engineer Mitsubishi Motors Corporation Suite 410 Trowell Building 24681 Northwestern Highway Southfield MI 48075; Dear Mr. Nakajima:#This is in reply to your letter of July 12 inquirin whether the proposed identification of the windshield washing system and hazard warning system controls, depicted on the photographs and overlays you enclosed, would conform with the requirements of Standard No. 101.#Standard No. 101 requires use of the word 'WASH' to identify the washing system control, and the word 'HAZARD' to identify the vehicular hazard warning system control, when these controls are manually operated. Your photographs and overlays indicate that you will use the required words to identify the appropriate controls. In our view, you have understood the requirements correctly.#Sincerely, Lawrence R. Schneider, Acting Chief Counsel; |
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ID: aiam2301OpenRichard A. Olsen, Ph.D., Engineering Psychologist, 304 Hill Drive, State College, PA 16801; Richard A. Olsen Ph.D. Engineering Psychologist 304 Hill Drive State College PA 16801; Dear Dr. Olsen: This responds to your March 26, 1976, question whether Federal moto vehicle safety standards would apply to the replacement of seat belt webbing in seat belt assemblies to refurbish deteriorated portions of the webbing.; The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381, e seq.) authorizes the National Highway Traffic Safety Administration (NHTSA) to regulate the manufacture, but not the repair, of motor vehicle equipment such as seat belt assemblies. The NHTSA has issued a standard that applies to the manufacture and sale of seat belt assemblies (Standard No. 209, *Seat Belt Assemblies* (49 CFR 571.209)). In enforcement of this standard, the agency must, therefore, distinguish between what is repair' and what is manufacture' of a seat belt assembly.; You intend to accept existing seat belt assemblies from vehicle owner and to replace the webbing portions, reusing the hardware that is recovered from the existing assembly. From this description, the agency considers that the operation would constitute the manufacture of a seat belt assembly subject to the requirements of Standard No. 209. The majority of the assembled product would be new material, and the manufacturing operations involved in cutting and sewing constitute significant factors in the construction of the finished product.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam5094OpenMr. George D. James, Jr. Safety Chairman, Unit 169 WBCCI 1149-1 Dowdle Mt. Road Franklin, NC 28734-9650; Mr. George D. James Jr. Safety Chairman Unit 169 WBCCI 1149-1 Dowdle Mt. Road Franklin NC 28734-9650; "Dear Mr. James: This responds to your letter of October 24, 1992, wit respect to the Tekonsha electronic brake control. You believe that this agency has 'approved' this brake control. Based on your experience towing a travel trailer, you expressed concern about the safety of these particular electronic brake controllers when in service on the public roads, because the stop lamps on the towed vehicle are not activated when the electronic brake control is used to apply the trailer's service brakes. You asked us to review our thinking and 'rewrite the specs on this matter.' Let me begin by emphasizing that this agency has no authority to 'approve,' endorse, or offer assurances of compliance to any items of motor vehicle equipment. All that our letters of interpretation purport to do is to answer questions from manufacturers and other members of the public as to whether the manufacture, sale, and/or installation of equipment is permissible under applicable Federal laws and regulations. Our letter of April 3, 1992, to Echlin, Tekonsha's manufacturer, which you quote at one point, was a letter of interpretation, which concluded that 'it now appears that the sale of the Tekonsha Control is not in violation of the National Traffic and Motor Vehicle Safety Act.' This letter and conclusion can in no way be read as 'approving,' endorsing, or recommending the use of the Tekonsha system. At this time, we do not have, nor are we aware of, any data indicating that there is a real-world safety problem created by use of the Tekonsha brake control. Hence, we have no reason to change the conclusion announced in the April 3 letter to Echlin about the legality of the Tekonsha control. We would be willing to review this matter again if data become available indicating a potential problem. Thus, if you or any member of your organization learns of any specific safety problems that have arisen for vehicles equipped with the Tekonsha control, please let us know. I appreciate your interest in highway safety. It is only through the concern and support of citizens like yourself that this agency can achieve its goal of minimizing deaths and injuries on this nation's highways. Thank you for taking the time to let us know your thoughts on this matter. Sincerely, Stephen P. Wood Assistant Chief Counsel for Rulemaking"; |
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ID: aiam2751OpenMr. Emil M. Mrak, 602 Cordova Place, Davis, CA 95616; Mr. Emil M. Mrak 602 Cordova Place Davis CA 95616; Dear Mr. Mrak: This is in reply to your letter of January 30, 1978, to Ms. Joa Claybrook, Administrator of the National Highway Traffic Safety Administration (NHTSA), concerning the seat belts in your Cougar automobile.; Your original letter of December 12, 1977, to Secretary Brock Adams complaining about the seat belts in your automobile has been answered. A copy of our reply is enclosed to this letter and is still relevant to your problem.; As long as the lap-shoulder belt intersection is not less than 6 inche from the vertical centerline of the driver, any other location that is comfortable and easy to use is allowable. We suggest that you again contact your dealer to determine if the belt arrangement can be modified to be better suited to your condition and yet have the belt configuration remain within the NHTSA requirements.; Sincerely, Elwood T. Driver, Acting Associate Administrator fo Rulemaking; |
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ID: aiam3843OpenPaul Escobosa, Esq., Dinkelspiel, Donovan & Reder, One Embarcadero Center - 27th Floor, San Francisco, California 94111; Paul Escobosa Esq. Dinkelspiel Donovan & Reder One Embarcadero Center - 27th Floor San Francisco California 94111; Dear Mr. Escobosa: In reply to your letter of May 22, 1984, to Mr. Vinson of my office this is to advise you that you will find the truck air brake standard at 49 CFR 571.121, Motor Vehicle Safety Standard No. 121, *Air Brake System*.; As Mr. Vinson informed you, the 'Autostop' braking device about whic you inquired is not directly regulated by a Federal motor vehicle equipment of vehicle standard. However, its installation on a truck conforming to Standard No. 121 must not render the air brake system inoperative in whole or in part, pursuant to 15 U.S.C. 1397(a)(2)(A). If installation occurs before the truck is delivered to its first purchaser for purposes other than resale, the installer is required to attach a label to the truck in accordance with 49 CFR 567.7 that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards.; In any event, as an item of motor vehicle equipment, the 'Autostop' i subject to the notification and remedy provision of 15 U.S.C. 1411 *et seq.* in the event that either its manufacturer or this agency determines that it contains or creates a safety-related defect.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam0296OpenMr. David J. Humphreys, Washington Counsel, Recreational Vehicle Institute, Inc., Suite 406, 1140 Connecticut Avenue, Washington, DC 20006; Mr. David J. Humphreys Washington Counsel Recreational Vehicle Institute Inc. Suite 406 1140 Connecticut Avenue Washington DC 20006; Dear Mr. Humphreys: This is to confirm your interpretation of the Tire Identification an Record Keeping Regulations as expressed in your letter of February 18, 1971.; The vehicle manufacturer is responsible for the retention of records o tires shipped 'in or on' a new vehicle. However, if the vehicle is used to transport extra tires, the manufacturer is not obliged to retain records of those tires, but rather, the vehicle dealer will be responsible for communicating the appropriate information to the tire manufacturer in accordance with either section 574.8 or section 574.9 of Part 574.; 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.