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: aiam4036OpenEnere H. Levi, Esq., Assistant Attorney General, Office of the Attorney General, American Samoa Government, Pago Pago, American Samoa 96799; Enere H. Levi Esq. Assistant Attorney General Office of the Attorney General American Samoa Government Pago Pago American Samoa 96799; Dear Mr. Levi: Thank you for your letter of September 18, 1985, to Mr. Hal Paris o this agency requesting information on the bumper requirements that apply to small trucks. You also asked about the effect of our standards on vehicles sold in your Territory. Your letter was referred to my office for reply. I hope the following discussion answers your questions.; Under the authority of the National Traffic and Motor Vehicle Safet Act (15 U.S.C. 1381 *et seq*.) and the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901 *et seq*.), we have issued Part 581, *Bumper Standard* (49 CFR Part 581), a copy of which is enclosed. The Part 581 standard applies only to passenger motor vehicles. Section (2)(1) of the Cost Savings Act (15 U.S.C. 1901(1)) defines a 'passenger motor vehicle' as a vehicle designed to carry 12 persons or less, except a motorcycle or a truck not designed primarily as a passenger carrier, but is instead designed primarily to carry cargo. Therefore, under Federal law, a small utility truck may be sold without any rear bumper.; Both the Vehicle Safety Act and the Cost Savings Act apply to moto vehicles manufactured in or imported into the United States. Both Acts define the term 'State' to include American Samoa (15 U.S.C. 1391(8) and 1901(16)). Therefore, the requirements of the Part 581 standard would apply to vehicles sold in American Samoa.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam1664OpenMr. Tatsuo Kato, Staff, Safety, Nissan Motor Co., Ltd., P. O. Box 1606, 560 Sylvan Avenue, Englewood Cliffs, NJ 07632; Mr. Tatsuo Kato Staff Safety Nissan Motor Co. Ltd. P. O. Box 1606 560 Sylvan Avenue Englewood Cliffs NJ 07632; Dear Mr. Kato: This responds to Nissan's November 5, 1974, question whether the recen amendments of Standard No. 208, *Occupant crash protection*, (as amended by 39 FR 38380, October 31, 1974) require a sequential ignition warning light and buzzer (S7.3.5.4) even during the 'excepted' situations where the formerly-required belt interlock system was not required to operate (former S7.4.3). These situations are after the engine is stopped, and either the ignition is still on or has been turned off for a period of not more than 3 minutes, or the driver has not left his seated position for more than 3 minutes.; It is true that our recent amendment of S7.3 and deletion of S7.4 coul be interpreted to require a sequential warning under the conditions you list. Such an interpretation would necessitate major modifications of the warning system that was required prior to the amendment. Our intent in making these amendments was, as noted in the preamble to the notice, only to require the deletion of the interlock feature.; Therefore we would not consider the use of a sequential warning syste which complied with the standard prior to the amendment to be in noncompliance with the standard as amended October 29, 1974. This means that Datsun automobiles will not be considered to violate Standard No. 208 if the sequential warning required by S7.3.5.4 does not operate under the 'excepted' conditions described above.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam3659OpenMr. Jack Garvin, Vice President-Operations, Garvin-Fram, Inc., 817 Albion Avenue, Schaumburg, IL 60193; Mr. Jack Garvin Vice President-Operations Garvin-Fram Inc. 817 Albion Avenue Schaumburg IL 60193; Dear Mr. Garvin: This responds to your recent letter to Mr. Kratzke of my staf requesting information concerning any regulations applicable to the salvage and sale of farm implement tires exposed to a warehouse fire. This agency has no such regulations, and I am not aware of any other Federal regulations applicable to this situation.; The National Traffic and Motor Vehicle Safety Act, as amended 1974 (1 U.S.C. 1381 *et* *seq*.), gives this agency authority to regulate motor vehicles and motor vehicle equipment. Tires for use on motor vehicles are subject to regulation as motor vehicle equipment. Section 102(3) of the Safety Act (15 U.S.C. 1391(3)) defines a motor vehicle as 'any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways...' Farm implements have been determined not to be motor vehicles, because they are not manufactured primarily for use on public roads. Therefore, tires for use on farm implements are not considered motor vehicle equipment, and are not regulated by this agency. The inventory sheet attached to your letter shows that these tires are of a size and strength that were designed for use on farm implements. Accordingly, you may conduct the salvage and sale of these farm implement tires as you wish without violating any of this agency's regulations.; In your telephone conversation with Mr. Kratzke, you mentioned tha some tires for use on passenger cars were also involved in the fire and asked about any agency requirements for subsequent sale of these tires. With respect to those tires, the manufacturer that has certified the tires as complying with our safety standards (by molding the letters 'DOT' on the sidewall) must make a determination of whether the certification is still valid. If the manufacturer determines that the certification is still valid, the tires may be sold. If, on the other hand, the certification is not still valid, the manufacturer must remove its DOT symbol from the sidewall of the tires, and those tires could not be sold. The means by which the manufacturer determines whether or not its certification is still valid is left completely to the discretion of the individual manufacturer. I have enclosed a 1981 interpretation explaining this more fully.; I appreciate your concern for tire safety and for complying with ou safety regulations.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam0976OpenMr. F. S. Murley, Administrative Engineer, Oshkosh Truck Corporation, Post Office Box 560, Oshkosh, WI 54901; Mr. F. S. Murley Administrative Engineer Oshkosh Truck Corporation Post Office Box 560 Oshkosh WI 54901; Dear Mr. Murley: This is in reply to your letter of January 4, 1973, in which you as for our confirmation of your interpretation of Part 567 and Part 568 of Title 49 of the Code of Federal Regulations that would place the responsibility for certification on the user in those instances where he is the final-stage manufacturer.; Paragraph 567.5 of Title 49 of the Code of Federal Regulations Requirements for Manufacturers of Vehicles Manufactured in Two or More Stages, specifies that '. . . each final-stage manufacturer, . . . of a vehicle manufactured in two or more stages shall affix to each vehicle a label . . . .' Therefore, end users who are also manufacturers would be required to affix the label.; If you have further questions, we will be pleased to answer them. Sincerely, Francis Armstrong, Director, Office of Standard Enforcement, Motor Vehicle Programs; |
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ID: aiam4466OpenThe Honorable Charles Wilson House of Representatives Washington, D.C. 20515; The Honorable Charles Wilson House of Representatives Washington D.C. 20515; Dear Mr. Wilson: This is in response to your letter of December 9 1987, to Ms. Brenda Brown, Office of Congressional Affairs, Department of Transportation, which has been forwarded to this Office for reply. Unfortunately, the Department has no record of receiving your previous letter of August 19, 1987. You have written on behalf of your constituent Mr. W. P. Brandon of Palestine who has designed a 'Wide Right Turn' signal for installation on the rear of trailers. The device consists of the words 'Wide Right Turn' and an arrow, in black on a 'caution yellow' background. The device is attached to the lower right rear of a trailer, and flashes when the turn indicator is positioned for a right turn. Mr. Brandon asks three questions with respect to his device, which I shall answer shortly. Preliminarily let me note that the applicable Federal law and regulation are, respectively, the National Traffic and Motor Vehicle Safety Act of l966, and Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. Standard No. 108 permits a supplementary lighting device such as Mr. Brandon's as original trailer equipment if it does not impair the effectiveness of the lighting equipment that Standard No. 108 requires, such as the standard turn signal system. The Vehicle Safety Act permits it as aftermarket trailer equipment if its installation by a person other than the trailer owner does not render inoperative, wholly or in part, equipment installed on the trailer pursuant to Standard No. 108 or any other safety standard. With these general remarks in mind, we reach the three questions that Mr. Brandon asked. 'l. Is there any rule regarding the placement of a flashing 'Wide Right Turn' signal on the lower right rear of a trailer?' The answer is no, as long as there is no impairment of the effectiveness of the other rear lamps (i.e., the standard turn signal must continue to operate when the lever is in the position indicating a right turn, but the wide turn signal should not operate when the hazard warning signals (which operate through the turn signal lamps) are on). '2. Can the signal be black letters on a safety yellow background or should it be another color'? The agency does not prescribe the color of supplementary lighting devices, and color is subject only to the 'impairment' restriction. Required lighting equipment on the rear of trailers may be white (back up lamps), amber (turn signals), or red (the alternative color for turn signals, and the required color for taillamps and stop lamps). I am unsure what 'safety yellow' is, but it would not appear to impair the effectiveness of the red, amber, or white lamps on the trailer's rear. '3. Are there any restrictions on manufacturing of the signal insofar as materials or construction are concerned?' There are no Federal restrictions or requirements. However, supplementary lighting devices such as Mr. Brandon's are subject to regulation in all their aspects by the States in which they will be sold and used. We are not conversant with State regulations on this subject, and suggest that, for further advice, Mr. Brandon contact the American Association of Motor Vehicle Administrators, 120l Connecticut Ave., N.W., Washington, D.C. 20036. We appreciate Mr. Brandon's interest in safety, and your writing us with respect to his 'Wide Turn Signal' device. Sincerely, Erika Z. Jones Chief Counsel; |
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ID: aiam4173OpenMr. Henry A. Gorry, Guardian Industries, 43043 West Nine Mile Road, Northville, MI 48167; Mr. Henry A. Gorry Guardian Industries 43043 West Nine Mile Road Northville MI 48167; Dear Mr. Gorry: Thank you for your letter to Mr. Edward Jettner, which was referred t my office for reply. You asked a number of questions about the certification requirements of Standard No. 205, *Glazing Materials*. I regret the delay in answering your questions.; You are correct in your understanding that S6.2 of the standar requires a prime glazing material manufacturer to certify each piece of its glazing material which is designed as a component of a specific motor vehicle or camper by placing the marks required by S6.1 of the standard on the glazing and adding the symbol 'DOT' and a manufacturer's code mark assigned by this agency. You are also correct that pursuant to S6.5, each manufacturer or distributor who cuts a section of glazing material for use in a motor vehicle or camper must place the marks required by S6.1 on the glazing and certify the material in accordance with section 114 of the National Traffic and Motor Vehicle Safety Act. Those persons do not have to add the symbol 'DOT' and a manufacturer's code mark to the glazing.; You asked why the standard draws a distinction between glazin materials which are designed as a component of a specific vehicle and glazing materials which are cut from a section of another item of glazing material. As explained by the agency in an interpretation letter of June 10, 1975, to the California Highway patrol, NHTSA's purpose in structuring the marking requirements in this way was to enable us to determine, for purposes of attributing responsibility for compliance, which glazing in a motor vehicle had been manufactured by the prime manufacturer specifically for use in that vehicle, and which glazing had been cut, shaped, or otherwise altered before installation. In an interpretation letter of July 13, 1976, to DuPont, the agency further explained that since issuance of the certification requirements in 1967, those requirements have become more widely understood and uniformly practiced throughout the glazing industry, which has aided the 'traceability' of glazing materials for enforcement purposes. NHTSA also said that it would no longer prohibit the use of the 'DOT' symbol and the prime glazing manufacturer's code number by the distributor or manufacturer who cuts the glazing, if the prime glazing manufacturer grants permission for such use of the code number to the distributor or manufacturer.; You asked if the term 'manufacturer' used in S6.4 and S6.5 of th standard is meant to mean a 'prime glazing manufacturer.' Section 571.3 of our regulations provides that terms defined in section 102 of the National Traffic and Motor Vehicle Safety Act that are used in the Federal Motor Vehicle Safety Standards have the statutory definition assigned to them by the Act. Section 102(5) of the Vehicle Safety Act defines the term 'manufacturer' as 'any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipment for resale.' Thus, the term 'manufacturer' used in S6.4 and S6.5 includes both a prime glazing manufacturer and a person that assemblies (sic) or manufactures vehicles or items of motor vehicle equipment.; You also asked about the definition of the term 'distributor.' A discussed above, section 571.3 provides that terms defined in section 102 of the Vehicle Safety Act that are used in the Federal Motor Vehicle Safety Standards have the statutory definition assigned to them by the Act. Section 102(6) of the Vehicle Safety Act defines the term 'distributor' as 'any person primarily engaged in the sale and distribution of motor vehicles or motor vehicle equipment for resale.' You said that you are confused about the need to distinguish between manufacturers and distributors. The purpose of the distinction was to make sure that commercial sellers who cut glazing for use in motor vehicles, but do not otherwise perform a manufacturing process on the glazing, have to comply with the marking and certification requirements. You are correct that a prime glazing manufacturer may also be a distributor, likewise there are distributors who are not prime glazing manufacturers.; You also asked why the term 'camper' is distinguished from the ter 'motor vehicle' in S6 of Standard No. 205. As mentioned previously, Section 571.3 of our regulations provides that terms defined in the Vehicle Safety Act that are used in the Federal Motor Vehicle Safety Standards have the statutory definition assigned to them by the Vehicle Safety Act. Section 102(3) of the Vehicle Safety Act defines 'motor vehicle' as, in part, 'any vehicle driven or drawn by mechanical power....' As a camper has no independent mechanical power and is not drawn, it would not be covered by the definition of 'motor vehicle'. Thus, it was necessary to specifically define the term 'camper' in S4 of Standard No. 205 to make clear that a camper, which is an item of motor vehicle equipment, is covered by Standard No. 205.; Finally, you asked why do S6.2, S6.4, and S6.5 of Standard No. 20 apply to motor vehicles and campers, while S6.3 refers only to motor vehicles and items of motor vehicle equipment. As discussed previously, a camper is considered an item of motor vehicle equipment and thus the requirements of S6.3 would also apply to glazing made by a prime glazing manufacturer for use in a camper. Since the term 'item of motor vehicle equipment' is a more encompassing classification, the requirements of S6.3 apply to other pieces of equipment, such as wind deflectors, made by prime glazing manufacturers.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam0999OpenMr. D. S. Mitchell, Glass Sales Manager, Canadian Pittsburgh Industries Ltd., 1060 Arlington Street, Winnipeg 3, Manitoba, Canada; Mr. D. S. Mitchell Glass Sales Manager Canadian Pittsburgh Industries Ltd. 1060 Arlington Street Winnipeg 3 Manitoba Canada; Dear Mr. Mitchell: This is in reply to your letter of December 22, 1972, which wa forwarded to us by the Department of Transport of Canada, requesting assignment of a manufacturer's code number for glazing materials you manufacture.; In your letter you indicate that the glazing in question is purchase in stock sheets, and then cut to the customer's requirements. The assignment of Code numbers is limited to what NHTSA has called 'prime glazing material manufacturers' and this group includes only those who 'fabricate, laminate, or temper the glazing material.' As your function appears to be only that of cutting the material to size, we would not consider you, at least with respect to this material, to be a prime glazing material manufacturer. Consequently, a code number assignment would be improper. The labeling requirements which you would be subject to, if this glazing as cut by you is to be imported into the United States, are those requirements specified in S6.4 and S6.5 of Motor Vehicle Safety Standard No. 205, copy enclosed.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam1371OpenMr. Donald T. Fischer, Project Director, Coupling Section, Industrial Division, Aeroquip Corporation, 1225 West Main Street, Van Wert, OH 45891; Mr. Donald T. Fischer Project Director Coupling Section Industrial Division Aeroquip Corporation 1225 West Main Street Van Wert OH 45891; Dear Mr. Fischer: This responds to your request of January 8, 1974, made to Mr. Herlih of this office for an interpretation of S5.1.2.3 of Standard No. 121, *Air brake systems*, as it applies to a check valve which is designed to bleed back no more than 5 psi pressure from the service reservoir toward the source of air pressure.; The check valve described in the specification you enclosed woul satisfy the requirements of S5.1.2.3 as long as there is no air loss in excess of the designed bleed off, and that total air loss never lowers the pressure at any time below the air compressor 'cut in' pressure.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4489OpenRobert L. Bernard Attorney at Law 12342 Wrenthrope Drive Houston, TX 77031; Robert L. Bernard Attorney at Law 12342 Wrenthrope Drive Houston TX 77031; "Dear Mr. Bernard: This letter responds to your inquiry of August 21 1987, where you asked for this agency's opinion on whether Federal motor vehicle safety standard 115 (49 CFR 571.115) requires a manufacturer's chrome script name on the trunk of vehicles it manufactures. It does not. Standard 115, Vehicle Identification Number- Basic Requirements, directs a vehicle manufacturer to place a discrete vehicle identification number (VIN) on each vehicle it manufactures. Under paragraph S4.5, the VIN for any motor vehicle must appear indelibly on a part of the vehicle other than the glazing, that is not designed to be removed except for repair. Paragraph S4.6 states that the VIN for passenger cars must appear inside the passenger compartment. Title 49 CFR Part 565, VIN-Content Requirements, states that among other things, the VIN's first three characters must identify the vehicle manufacturer. However, neither Standard 115 nor Part 565 require a manufacturer's name plate to appear on the vehicle. I hope you find this information helpful. Sincerely, Erika Z. Jones Chief Counsel"; |
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ID: aiam4523OpenMr. Louis F. Klusmeyer Senior Research Scientist Vehicle Research and Development P.O. Drawer 28510 San Antonio, TX 78284; Mr. Louis F. Klusmeyer Senior Research Scientist Vehicle Research and Development P.O. Drawer 28510 San Antonio TX 78284; "Dear Mr. Klusmeyer: This is in reply to your letter of July 11, l988 to Mr. Vinson of this office with reference to a 'deceleration' or 'pre-braking' concept. As you presently envision the implementation of this concept, an amber lamp would be activated when the driver's foot is removed from the accelerator pedal, and would be extinguished automatically when the driver reapplies pressure to the accelerator pedal. You believe that the optimum location appears to be immediately adjacent to the center highmounted stoplamp. You believe further that this location has already been considered by NHTSA for this purpose, and ask whether it is precluded by Standard No. l08. Your belief is based upon the Federal Register notice of October l983 adopting the center highmounted stoplamp, which stated that 'Other types of lamps or added functions such as deceleration signals may be desirable and should be investigated.' However, this was in the context of alternatives to adoption of the center lamp, and relates to the agency's statement in the same paragraph that 'with additional research, more nearly optimum specifications for stoplamp configurations may be developed.' Indeed, the agency made it quite clear in prohibiting combining the center lamp with any other lamp or reflector (paragraph S4.4) that no added functions were contemplated or desirable. Under paragraph S4.4 therefore, a deceleration lamp and the center stop lamp could not be combined. S4.4 would not prohibit an amber lamp adjacent to the center lamp. However, paragraph S4.1.3 prohibits optional lighting equipment if it would impair the effectiveness of lighting equipment required by Standard No. l08. Your letter indicates that the deceleration signal is deactivated by renewed pressure on the accelerator pedal (and not by pressure on the brake pedal) so that a following driver would be presented with both amber and red signals, creating the possibility of confusion, and hence impairment. You have not indicated whether the deceleration lamp would be steady-burning or flashing, but we believe the possibility of confusion would increase were the lamp flashing. However, were the lamp to be extinguished when the brake pedal is applied (which activates the stop lamps), then the possibility of confusion would be substantially lessened. With respect to deceleration warning systems, last year the Flxible Corporation determined that a system installed on its buses created an impairment, and hence a noncompliance with paragraph S4.l.3. The company then conducted a notification and remedy campaign (87V-089) as required by statute. The company concluded that its flashing amber deceleration lamps could create confusion when activated simultaneously with the red steady burning stoplamps. I hope that this answers your question. Sincerely, Erika Z. Jones 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.