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: aiam0504OpenMr. Charles A. Eisenhardt, Chairman, Hess and Eisenhardt Company, Blue Ash Avenue, Cincinnati, OH 45242; Mr. Charles A. Eisenhardt Chairman Hess and Eisenhardt Company Blue Ash Avenue Cincinnati OH 45242; Dear Mr. Eisenhardt: This is in response to your letter of November 12, 1971. As correctly stated in that letter there is no current requirement that multi-purpose passenger vehicles must comply with standards 105, 109, 110, 201, 202, 203, 204, 212, 214, 215, and 301. Additionally, the information depicted in the chart you provided is correct as of October 11, 1971. However, your dates for proposed future requirements (columns 3 and 5) may change.; The small vans and similar type vehicles being converted for use a emergency medical vehicles are required to conform to the Federal Motor Vehicle Safety Standard definition for a 'multi-purpose passenger vehicle,' since they utilize a truck chassis. Contrary to your opinion concerning the safety hazard of the converted emergency vehicles, we have not received any factual data indicating that these converted emergency medical vehicles constitute a safety hazard to the general public, to the sick or injured occupants, or to the attendants who must operate such vehicles.; As stated in our previous correspondence to you and Senator Rober Taft, Jr., at this point in time the Department is not in the position of proposing an expenditure for the construction of a prototype ambulance. Our limited resources are being devoted to those traffic safety programs which result in the greatest savings in lives and in the reduction of injuries.; We are retaining your correspondence for reference. If, in the future our priorities include the development of standards relating to the design of an emergency medical vehicle, please be assured that your interests will be fully considered.; Your continued interest in our traffic safety programs is appreciated. Sincerely, Dana L. Scott, Associate Administrator for Administration |
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ID: aiam2539OpenMr. Jeffrey L. Link, Supervisor, Product Safety, Safety and Legislation Department, U.S. Suzuki Motor Corporation, 13767 Freeway Drive, Santa Fe Springs, California 90670; Mr. Jeffrey L. Link Supervisor Product Safety Safety and Legislation Department U.S. Suzuki Motor Corporation 13767 Freeway Drive Santa Fe Springs California 90670; Dear Mr. Link: This responds to your February 23, 1977, letter asking whether thre proposed labeled satisfy the requirements for label identification found on Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars*.; The National Highway Traffic Safety Administration (NHTSA) does no issue advance approval of compliance by manufacturers with motor vehicle safety standards or regulations. The agency, however, will give an informal opinion as to whether your sample labels appear to comply with the requirements of Standard No. 120. A review of the labels you supplied indicates that you have used a different format than illustrated in our notice of February 7, 1977 (42 Federal Register 7140). For example, the amended Standard No. 120 does not require the words 'with the tires listed below' or even the word 'with' before the tire size. The deletion of such superfluous words from the label requirements of Standard No. 120 resulted from comments by manufacturers, particularly motorcycle manufacturers, that unnecessary word needlessly increase the size of the label.; The example of label information shown in S5.3 of the standard i intended only as a guide to manufacturers. A manufacturer can vary the illustrated format somewhat as long as the requirements of S5.3 are satisfied. Since the additional words on your label do not obfuscate the certification statement, the labels appear to comply with the requirements of Standard No. 120 and Part 567.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam4814OpenMr. Chino O'Hara Minority Co-ordinator Del Mar Manufacturing Company 2713-B North Towne Avenue Pomona, California 91767; Mr. Chino O'Hara Minority Co-ordinator Del Mar Manufacturing Company 2713-B North Towne Avenue Pomona California 91767; "Dear Mr. O'Hara: This responds to your letter of December 11, 1990 i which you ask whether your product 'Husky Brake Anti-Squeek' needs approval of the Department of Transportation (DOT). An enclosure to your letter indicates that the product is intended for application on the pad surface of motor vehicle disc brakes to 'stop brake squeeking' and to 'produce a surface that gives better braking' by acting as a 'lubricant to the friction material.' I am pleased to have this opportunity to explain our law and regulations for you. The National Highway Traffic Safety Administration (NHTSA) (part of DOT) does not certify or approve motor vehicles or motor vehicle equipment for compliance with the Federal Motor Vehicle Safety Standards. Instead, the National Traffic and Motor Vehicle Safety Act (the Safety Act, 15 U.S.C. 1381 et seq.) establishes a 'self-certification' process under which each manufacturer is responsible for certifying that every one of its products complies with all applicable safety standards. This agency periodically tests vehicles and items of motor vehicle equipment for compliance with the safety standards and also investigates other alleged defects related to motor vehicle safety. There is currently no Federal motor vehicle safety standard that is directly applicable to the product you wish to manufacture and sell. However, there are other requirements that may affect this product. First, manufacturers of motor vehicle equipment are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. Section 102(4) of the Safety Act (15 U.S.C. 1391(4) defines, in relevant part, the term 'motor vehicle equipment' as: any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle . . . If the 'Husky Brake Anti-Squeek' is manufactured and sold for the improvement of motor vehicle brake systems, it would be considered 'motor vehicle equipment' within the meaning of the Safety Act. If either the equipment manufacturer or this agency were to determine that your product contained such a defect, the manufacturer would have to notify purchasers of the defect and remedy the problem free of charge to the purchasers. Second, use of this product could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturers, distributors, dealers, or repair shops from knowingly 'rendering inoperative' devices or elements of design that were installed in a motor vehicle to comply with the Federal Motor Vehicle Safety Standards. To avoid a 'rendering inoperative' violation, the above-named parties should review the application instructions for your product and determine if installing the product following those instructions would result in the vehicle no longer complying with the requirements of the safety standards. The most relevant safety standard appears to be Standard No. 105, Hydraulic Brake Systems. That standard applies to new motor vehicles. I hope that this information has been helpful. For your information, I am enclosing an information sheet for new manufacturers of motor vehicles and motor vehicle equipment and information on how to obtain copies of motor vehicle safety standards. Please feel free to contact us if you have any further questions. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam0154OpenMr. John I. Tolson, IFFISA, Mariposa No. 1050, Mexico 13, D.F.; Mr. John I. Tolson IFFISA Mariposa No. 1050 Mexico 13 D.F.; Dear Mr. Tolson: We regret the delay in replying to your letter of January 15, 1969, t Dr. William Haddon, Jr., concerning regulations applicable to replicas of antique automobiles which you manufacture.; As a general rule, motor vehicles manufactured on or after January 1 1968, must comply with all applicable Federal Motor Vehicle Safety Standards in order to be imported into the United States. Section 114 of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) requires that manufacturers permanently affix a tag or label to the motor vehicle certifying that the motor vehicle conforms to all applicable Federal Motor Vehicle Safety Standards (FMVSS) established under authority of Section 103 of the Act. Your vehicles would properly be classified as passenger cars. Thus the FMVSS applicable to this classification would apply. The above standards are currently applicable only to motor vehicles over 1,000 pounds curb weight. Curb weight includes a full load of engine fuel, oil, and coolant as defined in 49 CFR 371.3. In accordance with a proposed rule making published in 32 FR, page 14282, October 14, 1967, the Administrator is considering adding new standards applicable to motor vehicles of 1,000 pounds or less curb weight, and revising certain of the initial standards to extend their applicability to these motor vehicles. Comments have been received from industry and a discussion paper on the subject prepared. This discussion paper will be mailed to industry in the near future, together with a notice of a meeting to be held on the subject. Your name is being added to the mailing list for this information.; 19 CFR 12.80, Importation of Motor Vehicles and Items of Motor Vehicl Equipment, was jointly issued and published by the Secretary of Transportation and the Secretary of Treasury in implementation of Section 108(b)(3) of the Act. This regulation makes provision for importation of certain motor vehicles not conforming to the Federal Motor Vehicle Safety Standards, subject to specific conditions.; An amendment to the Act has granted authority to the Secretary o Transportation, based upon certain specified findings, to exempt temporarily, a limited production motor vehicle from any Federal Motor Vehicle Safety Standard. A limited production motor vehicle is a defined as a motor vehicle produced by a manufacturer whose total motor vehicle production, as determined by the Secretary, does not exceed 500 annually. It is to be noted, however, that exemptions are granted to the person actually producing the motor vehicle, not to the importer or distributor of such motor vehicle. Regulations for petitioning for an exemption are contained in 49 CFR 355.5.; In the United States, motor vehicles are licensed for operation by eac of the states and the District of Columbia. A letter addressed to the State Department of Motor Vehicles in the capitol city of the states in which you intend marketing your product, should reach an individual who can provide you with information regarding state licensing requirements.; While you did not inquire about Federal regulations concerning contro of anti-pollution emission devices, this is another area of possible effect in your situation. These regulations are not the responsibility of the Department of Transportation, but of the Department of Health, Education and Welfare. By copy of this letter, Mr. William H. Megonnell, Associate Commissioner for Standards and Compliance, Department of Health, Education and Welfare, National Air Pollution Control Administration, BCT, 801 North Randolph Street, Arlington, Virginia, 22203, is being requested to forward such information as he deems appropriate.; Publications of the Socity (sic) of Automotive Engineers (SAE) including copies of SAE Standards, may be obtained by writing to: Society of Automotive Engineers, Inc., 2 Pennsylvania Plaza, New York, New York, 1001 (sic).; For your information and guidance, enclosed are copies of the Act, a amended, the Federal Motor Vehicle Safety Standards, (49 CFR 351, 353, 355 and 371), 19 CFR 122.80, Importation of Motor Vehicles and Items of Motor Vehicle Equipment, Declaration Form HS-7, Importation of Motor Vehicles and Motor Vehicle Equipment Subject to Federal Motor Vehicle Safety Standards and the proposed rule making, Docket 5-1.; Sincerely, Robert Brenner, Acting Director |
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ID: aiam2169OpenMr. W. A. May, Corporate Secretary, American Safety Equipment Corporation, 16055 Ventura Blvd., Encino, CA 91436; Mr. W. A. May Corporate Secretary American Safety Equipment Corporation 16055 Ventura Blvd. Encino CA 91436; Dear Mr. May: This responds to American Safety's December 5, 1975, question whether state or local government agency such as a municipal policy department may modify Type II seat belt assemblies to permit detachment of the upper torso restraint, and whether a seat belt manufacturer may 'participate in the modifications of the vehicle and seat belt assemblies.'; Section 108(a) of the National Traffic and Motor Vehicle Safety Ac (the Act) (15 U.S.C. S 1397(a)(2) prohibits a manufacturer, distributor, dealer, or repair business from 'knowingly render[ing] inoperative, in whole or part, any device or 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 [except during a repair].' This prohibition applies to changing a non-detachable upper torso restraint to a detachable upper torso restraint.; Under this language of the Act, the police department would not b prohibited from modification of the seat belts. A manufacturer could not actively participate in the modification of the vehicles. Sale of a seat belt assembly to the police department would not of itself, however, constitute a violation of the Act.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5356OpenMr. Ilmars Ozols 2925 Escoba Drive, Unit 206 Palm Springs, CA 92264; Mr. Ilmars Ozols 2925 Escoba Drive Unit 206 Palm Springs CA 92264; "Dear Mr. Ozols: This responds to your February 8, 1994, letter askin about how this agency's regulations might apply to your product, the Serv-o-tray. I am pleased to have this opportunity to explain our regulations. It appears from the enclosed technical description and photograph that the Serve-o-tray is a folding adjustable table designed to mount between the driver and passenger seats of a vehicle, and hold food, drinks, etc. As depicted, the Serv-o-tray is secured to the center console with an adhesive pad. The table is mounted on a swiveling, articulated, lockable arm that is composed of two horizontal and two vertical tubular support members. The Serv-o-tray is made of injection molded plastic and is capable of supporting up to 20 pounds, including a laptop computer. You explain that your product is intended to be used while the vehicle is stationary or moving. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. Section 102(4) of the National Traffic and Motor Vehicle Safety Act (the 'Safety Act') defines, in relevant part, the term 'motor vehicle equipment' as: any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle ... (emphasis added). In determining whether an item of equipment is considered an accessory, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We determine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be used principally by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an 'accessory' and thus is subject to the provisions of the Safety Act. Applying these criteria to the Serv-o-tray, it appears that this product would be an accessory and thus an item of motor vehicle equipment. Based on our understanding of the product, it appears that a substantial portion of the expected use of the Serv-o-tray relates to motor vehicle operation, by allowing the occupants to eat while operating the car. Also, it appears that the product would typically be used by ordinary users of motor vehicles. While the Serv-o-tray is an item of motor vehicle equipment, NHTSA has not issued any standards for such a device. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the product's manufacturer are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that you or NHTSA determines that the product contains a safety related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. This agency is very concerned about the safety implications of the Serv-o-tray, especially if it is swiveled in front of the occupants in an air bag-equipped vehicle. Under the provisions of FMVSS No. 208, 'Occupant Crash Protection,' all new cars and trucks must be equipped with a driver side and passenger side air bag by September 1, 1998. Manufacturers are already producing ever increasing numbers of air bag-equipped cars and trucks. The enclosed document entitled 'Sudden Impact' describes the speed with which an air bag deploys. Should the Serv-o-tray be installed in an air bag-equipped vehicle, the occupants could be at risk of injury or death from the interaction of the deploying air bag and the Serv-o-tray or its contents. To protect the occupant, this agency will require that every new vehicle with an air bag be provided with a caution label that states, among other things, 'TO AVOID SERIOUS INJURY . . . Do not place any objects over the air bag or between the air bag and yourself.' As you can see, the installation of a Serv-o-tray could be contrary to this warning. There are other potential safety problems associated with the Serv-o-tray. Even without being propelled by an air bag, the Serv-o-tray or its contents could impact the occupant's head, abdomen or lower extremities during a collision. It also seems possible that the Serv-o-tray could interfere with the driver's use of the vehicle's transmission shift lever in an emergency situation. We ask that you consider these and all possible safety impacts of the Serv-o-tray. If the Serv-o-tray were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle, with the Serv-o-tray installed, complies with all FMVSS's. Among the FMVSS's that might be affected by the Serv-o-tray installation are Standard No. 201, 'Occupant Protection in Interior Impact' (copy enclosed), and Standard No. 208. A commercial business that installs the Serv-o-tray would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) provides that: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard. This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your product if the Serv-o-tray renders inoperative the vehicle's compliance with the FMVSS's. For instance, installing the Serv- o-tray in front of the driver or passenger could degrade the performance of an air bag or the seat belts in the vehicle. Any violation of this 'render inoperative' prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation. Please note also that the render inoperative prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install the Serv-o-tray in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your product would be permitted. I hope this information is helpful. I have enclosed a fact sheet entitled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.' If you have any further questions about NHTSA's safety standards, please feel free to contact us at this address or by telephone at (202) 366-2992. Sincerely John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam2493OpenMr. 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 Mr. Heath: This is in reply to your letter of December 16, 1976, which raise several questions with respect to motor vehicle lighting and Motor Vehicle Safety Standard No. 108.; First I want to comment upon this statement: >>>'A NHTSA representative recently indicated that the standard applie to 'original equipment' replacement items such as lenses and lamps designed for specific year model vehicles, but does not apply to 'aftermarket' lighting equipment that is not manufactured for a particular vehicle but is sold for general use on any vehicle.'<<<; This is not entirely true. Standard No. 108 applies in pertinent par 'to lamps, reflective devices, and associated equipment for replacement of like equipment or vehicles to which this standard applied.' The standard applies to motor vehicles manufactured on or after January 1, 1972. Thus, any replacement of an original equipment item specified by Standard No. 108 must meet original equipment requirements. This not only includes lenses and lamps, such as parking lamps and tail lamps designed for specific year model vehicles but also lighting equipment sold for general use, such as headlamps, clearance lamps, and identification lamps, whose dimensions do not vary over the years.; Your first question is: >>>'1. Some aftermarket-type manufacturers produce lamps and othe devices that are shown in their catalogs for universal use with no vehicle model being mentioned. Some of these lamps may also be supplied to producers of motor homes, boat trailers, horse trailers, commercial trucks and trailers, etc., as original equipment on those vehicles. Does the fact that a portion of the production of a particular lamp is sold as replacements for the original equipment mean that the other portion sold for use on any 1976 truck or trailer is also governed by Standard No. 108 with respect to the 'aftermarket' sales?'<<<; The answer is yes, as I explained in my preliminary remarks about th applicability of Standard No. 108 to all replacement equipment.; >>>'2. In the past, motor vehicles were equipped with round-type seale beam units. Now that rectangular units are available, some owners are interested in converting the original round headlamps to the rectangular type. Are these rectangular sealed beam units and conversion kits sold to the user considered replacement of like equipment on vehicles to which this standard applies or are they subject to state regulations?'<<<; We construe the words 'like equipment' broadly. If one headlightin system is being replaced with another, the replacement headlighting system must meet the requirements of Standard No. 108, even though its configuration differs from that of the original. Obviously, a State may also regulate sale of this equipment if its requirements are identical with the Federal ones.; >>>'3. Manufacturers of nonsealed, quartz-halogen headlamp units ar energetically promoting the sale of the units in many areas of the country. These lamps differ considerably from the sealed beam units originally required on late model vehicles at the time of first sale. Do these lamps fall within federal jurisdiction or are they subject only to state regulation?'<<<; Quartz-Halogen headlamps sold in the aftermarket, intended a replacement for headlamps that comply with Standard No. 108, must also meet Federal requirements. If the lamps do not conform, not only would their sale be a violation of the National Traffic and Motor Vehicle Safety Act (Section 108(a) (1) (A), but the removal of sealed beam headlamps by the seller or a motor vehicle repair shop to facilitate the installation of the nonconforming ones would also be a violation of the Act (Section 108(a) (2) (A).; >>>'4. A number of items such as flashers, school bus warning lamps and headlamp units are sold for universal use. They might be part of a new vehicle at time of sale or be sold separately as a replacement for vehicles manufactured both before and after 1972 or as an addition to such vehicles. Does this mean that dual regulations are permissible with NHTSA setting standards for the production items used as original equipment replacement and the states setting standards and requiring approval for the identical item for usage not regulated by the Federal Motor Vehicle Safety Standards?'<<<; It is NHTSA's position, as explained earlier, that if an item o lighting equipment 'sold for universal use' is capable of replacing equipment on a vehicle manufactured on or after January 1, 1972, then it must meet Standard No. 108, and a State may also regulate it in an identical manner.; You also asked our advice 'on the problem of not being able t recognize whether a particular item has been certified or not.' As an alternative to the DOT mark permitted by S4.7.2 of Standard No. 108, replacement lighting equipment may be certified in two other ways. Pursuant to Section 114 of the Act certification 'may be in the form of a label or tag on such item or on the outside of a container in which such time is delivered.' Thus, access by a State enforcement officer to corporate records is not required.; I hope this answers your questions. Sincerely, Frank A. Berndt Acting Chief Counsel |
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ID: aiam3451OpenMr. Robert W. Stanley, Executive Vice President, National Class Dealers Association, 1000 Connecticut Avenue, N.W., Washington, DC 20036; Mr. Robert W. Stanley Executive Vice President National Class Dealers Association 1000 Connecticut Avenue N.W. Washington DC 20036; Dear Mr. Stanley: This is in response to your letters regarding Safety Standard No. 205 *Glazing Materials*. Please accept our apology for the lateness of our reply. You ask whether an installer of automotive safety glazing violates any of the regulations promulgated by the American National Standard Institute, Inc. (ANSI) or of this agency if the installer repairs damaged automotive glazing as a part of his or her business.; The National Traffic and Motor Vehicle Safety Act, as amended in 197 (the Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to establish Federal Motor Vehicle Safety Standards for motor vehicles and motor vehicle equipment. Safety Standard No. 205 establishes performance requirements for automotive glazing. The standard incorporates by reference the American National Standard 'Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways,' Z26.1-1966. Glazing repair businesses, sellers of vehicles or automotive glazing, and manufacturers of glazing repair kits all have different responsibilities and liabilities regarding automotive glazing and Safety Standard No. 205 under the Act.; Section 108(a)(2)(A) of the Act prohibits any manufacturer distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative any device or 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. (There is no prohibition against an individual modifying his or her own vehicle or equipment.) The National Highway Traffic Safety Administration does not consider fixing a damaged windshield to constitute rendering inoperative with respect to Standard No. 205 even if the windshield does not meet the requirements of the standard once repaired. This is because the agency considers the object or event which damaged the windshield in the first place to have rendered the windshield inoperative with respect to Standard No. 205. However, if the repair shop, in the course of fixing a damaged windshield that is installed in a vehicle renders *another* part of the vehicle or element of design inoperative with respect to another applicable Federal motor vehicle safety standard, then the repair shop violates section 108(a)(2)(A). It does not matter whether the vehicle is new or used (i.e., has been sold for purposes other than resale). There is no violation if the repair business reasonably believes that the vehicle or item of equipment will not be used (other than for testing or similar purposes in the course of repair) during the time such device or element of design is rendered inoperative. Section 109 of the Act imposes a civil penalty up to $1,000 for each violation of section 108(a)(2)(A). It is not likely that the process you describe would involve a rendering inoperative, but you should be aware of this section.; Sellers of repaired automotive glazing or vehicles equipped wit repaired automotive glazing may violate section 108(a)(1)(A) of the Act. Section 108(a)(1)(A) provides that:; >>>no person shall manufacture for sale, sell, offer for sale, o introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard...<<<; (Note that section 108(b)(1) provides that section 108(a)(1)(A) doe not apply once the motor vehicle or item of motor vehicle equipment is purchased in good faith for purposes other than resale. In other words, section 108(a)(1)(A) applies only to new vehicles or equipment, not to used vehicles or equipment.) Thus, if someone sells a new, but damaged, replacement windshield that does not comply with the requirements of Standard No. 205 once repaired, he or she is in violation of section 108(a)(1)(A), since he or she is selling an item of motor vehicle equipment that does not comply with all applicable safety standards. An automobile dealer who sells a new car whose windshield does not comply with Standard No. 205 also violates section 108(a)(1)(A). Again, section 109 imposes a civil penalty up to $1,000 for each violation of section 108(a)(1)(A).; The responsibilities of manufacturers of glazing repair kits or system under the Act are found in sections 151 *et seq*. of the Act. Such manufacturers of motor vehicle equipment must notify purchasers about safety-related defects and remedy such defects free of charge. Section 109 also imposes a civil penalty of up to $1,000 upon any person who fails to provide notification of or remedy for a defect in motor vehicle equipment. It is not likely, however, that glazing repair kits would contain safety related defects. This section generally would apply to mechanical motor vehicle components.; Compliance with all applicable Federal motor vehicle safety standard will not automatically relieve a repair business or manufacturer of responsibility in a products liability suit. You will have to contact a private attorney for more information in this area, however.; We hope you find this information helpful. Please contact this offic if you have further questions.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4394OpenMr. William R. Pape, Jr., 8152 Ladoga Drive, Jacksonville, FL 32217; Mr. William R. Pape Jr. 8152 Ladoga Drive Jacksonville FL 32217; Dear Mr. Pape: This is in reply to your letter of August 22, 1987, to Taylor Vinson o this office, enclosing a copy of your letter to George Walton of AAMVA. In that letter you have asked three questions with reference to the center highmounted stop lamp required by Federal Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*, to which you have asked that we reply.; Your first question is 'May one word be introduced on the brake light? Standard No. 108 prohibits combining the center highmounted stop lamp with any other lamp, or with any reflective device. It does not prohibit the addition of one or more words to the lens. However, there are basic requirements that the lamp must meet, and the word or words must not prevent the lamp from meeting them. Specifically, the effective projected luminous area of the lens must not be less than 4 1/2 square inches, and the lamp must meet specified candela maxima and minima at 13 discrete test points.; Your second area of interest is the color red. You have asked whethe it is a Federal requirement for all brake lamps, whether other colors may be substituted, and whether the color red may be adjusted to a lighter hue. Standard No. 108 requires all stop lamps to be red in color. This color is defined in SAE Standard J578c *Color Specification for Electric Signal Lighting Devices*, February 1977, expressing chromaticity coordinates according to the CIE (1931) standard colorimetric system. Red is rather narrowly defined, and falls with the y coordinates, 0.33 (yellow boundary) and 0.98 (purple boundary). Red is not acceptable if its is less saturated (paler), yellower, or bluer than the limit standards. Thus red could not be adjusted beyond the prescribed limits. In our opinion, the 'soft pink' or 'hot pink' that you believe is desirable would be beyond those limits. No color other than red is permitted for stop lamps.; Your final area of interest is whether one should consider marketing lamp with the features you have indicated, and whether there are 'hidden directives which would restrict or prohibit such marketing.' Under assumption that your lamp would not comply with the color requirements of Standard No. 108, we must advise you that a noncomplying lamp could not be sold as original equipment for passenger cars, or as a replacement for center high mounted stop lamps on passenger cars manufactured on or after September 1, 1985. Federal law would not prohibit its sale for use on vehicles other than these, but the lamp would be subject to the laws of any State in which it would be sold and used.; I hope that this answers your questions. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam1196OpenMr. O. D. Hunter, Director of Training and Publications, DPD Mfg. Co., Inc., Box 18327 Serna Sta., San Antonio, TX 78286; Mr. O. D. Hunter Director of Training and Publications DPD Mfg. Co. Inc. Box 18327 Serna Sta. San Antonio TX 78286; Dear Mr. Hunter: This is in response to your letter of July 31, 1973, in which you aske our opinion as to the effect of Standard 208 upon your vehicle air conditioner installations.; Standard 208, *Occupant Crash Protection*, for the next few year allows manufacturers the option of providing either seat belts or passive protection systems, of which the air cushion is presently the most widely considered, in various combinations. The decision as to when passive protection would become mandatory has not yet been made.; The passive protection requirements of Standard 208 are measured wit instrumented dummies, and the standard does not specifically regulate the method by which manufacturers provide the protection in the various crash tests. The way a manufacturer chooses to meet the standard, including the arrangement of the components of the vehicle interior, is thus left to his own discretion and the NHTSA does not offer opinions as to particular vehicle designs.; The 'vacuum advance system' you refer to evidently refers to the ai pollution control programs of the Environmental Protection Agency. That agency's address is Washington, D. C. 20460.; Yours truly, Richard B. Dyson, Assistant 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.