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: aiam1622OpenMr. Burt Weller, Engineering Manager, Truck Trailer Manufacturers Assoc., 2430 Pennsylvania Avenue, N.W., Washington, DC 20037; Mr. Burt Weller Engineering Manager Truck Trailer Manufacturers Assoc. 2430 Pennsylvania Avenue N.W. Washington DC 20037; Dear Mr. Weller: This is in reply to your letter of September 4, 1974, in which you as several questions regarding the possible manufacture of semitrailers designed to transport people. You state the semitrailers would be pulled by conventional tractors, would have air-operated bus-type side doors, a rear door for emergency exit, seats, handrails for passengers who stand, and windows that open and close. Communication between the passenger compartment and driver would be limited to a horn that the driver can blow and a blinking red light operable by either a passenger or the driver. You ask whether this type of vehicle is legal, whether it is legal to transport passengers in this fashion, and what specific requirements would be required to be built into the trailer.; We would consider the vehicles in question to be trailers under th Motor Vehicle Safety Standards, and consequently subject to the standards applicable to trailers. These standards are Standard No. 108, 'Lamps, reflective devices, and associated equipment,' Standard No. 106, 'Brake hoses' (eff. as to trailers on September 1, 1975), and Standard No. 121, 'Air brake systems' (eff. as to trailers on January 1, 1975), at this time. The trailers would, of course, have to be certified as conforming to all applicable standards, in accordance with the Certification Regulations (49 CFR Parts 567, 568).; Many States prohibit the transportation of passengers in trailers, an as a consequence NHTSA requirements for crashworthiness and occupant protection have not been made applicable to trailers. These requirements include those for restraint and seating systems, glazing materials, head restraints, and emergency exits. Whether or not State laws prohibiting the transportation of passengers in trailers would apply to semitrailers of this type would depend upon each State's interpretation of its law, and that information should be obtained from the various states. However, should it become a commonly permitted practice for persons to be transported in trailers, this agency would very likely expand its occupant protection and crashworthiness requirements through rulemaking to apply to these vehicles.; The transportation in interstate commerce of passengers for hire als falls within the regulatory authority of the Bureau of Motor Carrier Safety, in the Federal Highway Administration. We have forwarded your letter to that agency, requesting that it respond directly to you regarding the effect of regulations it administers on vehicles of this type.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam4973OpenMr. Carl J. Clement Clement Associates 12785 Dianne Drive Los Altos Hills, CA 94022; Mr. Carl J. Clement Clement Associates 12785 Dianne Drive Los Altos Hills CA 94022; "Dear Mr. Clement: This responds to your letter of January 28, 199 requesting information on any Federal regulations that may affect a new product you are developing. The product is an electronically-operated automotive sun visor that would automatically detect the direction of sunlight or glare and reposition itself to shield the driver. I am pleased to have this opportunity to explain our regulations to you. By way of background information, 103 of the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1392) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, 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 safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards. In addition, the Safety Act requires manufacturers to recall and remedy any motor vehicle or item of motor vehicle equipment that contains a safety-related defect. NHTSA has issued two safety standards that apply to sun visors: Standard No. 201, Occupant protection in interior impact, and Standard No. 302, Flammability of interior materials. These standards are called vehicle standards, because they apply to new vehicles, not to individual pieces of equipment. The Safety Act specifies that vehicles must conform with all applicable safety standards up until the first purchase for purposes other than resale. Therefore, if your sun visor were installed as original equipment by a manufacturer of a new motor vehicle, the visor would have to comply with the requirements of these two standards. Standard No. 201 requires that the visor be 'constructed of or covered with energy-absorbing material' and that the visor's mounting must 'present no material edge radius of less than 0.125 inch that is statically contactable by a spherical 6.5-inch diameter head form.' The purpose of that requirement is to reduce the injuries that occur when unrestrained occupants strike the visor or its mounting with their heads. Standard No. 302 requires sun visors to meet the flammability resistance requirements of the standard. The standard specifies that the material used on the visor must not burn at a rate of more than four inches per minute. If a new vehicle is altered by the installation of your product prior to the vehicle's first sale to a consumer, the person making the installation is considered an 'alterer' and is required by 49 CFR Part 567, Certification, to certify that the vehicle complies with all applicable safety standards affected by the alteration. In addition to Standards No. 201 and 302, the installation of your product might affect the compliance of a vehicle with a number of other safety standards, including Standard No. 111, Rearview mirrors, and Standard No. 208, Occupant crash protection. After the first sale to a consumer, a vehicle is no longer required by Federal law to conform to all safety standards. However, 108(a)(2)(A) of the Safety Act provides as follows: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render 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... In order to avoid violating this provision, a manufacturer, dealer, distributor, or repair business which installed your sun visor would have to ensure that such installation enables the vehicle to continue to comply with all applicable safety standards. Violations of 108(a)(2)(A) are punishable by civil fines of up to $1,000 per violation. I note that 108(a)(2)(A) does not affect modifications made by vehicle owners to their own vehicles. Finally, under the Safety Act, your sun visor would be considered an item of motor vehicle equipment. If your sun visor will be sold as an item of equipment to be installed by the vehicle owner, there is currently no Federal motor vehicle safety standard that applies. However, even if there is no safety standard applicable to the item of motor vehicle equipment, the manufacturer is subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety defects. In the event that NHTSA or a manufacturer determines that a manufacturer's product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Additionally, a company making your product would be considered a manufacturer. A manufacturer is required by 49 CFR Part 566, Manufacturer Identification, to submit information identifying itself and its products to NHTSA not later than 30 days after it begins manufacture. I have enclosed an information sheet for new manufacturers which summarizes NHTSA's regulations and explains where to obtain copies of Federal motor vehicle safety standards. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam0199OpenMr. Bernard Belier, U. S. Resident Engineer, U. S. Technical Research Corporation, 801 Second Avenue, New York, NY 10017; Mr. Bernard Belier U. S. Resident Engineer U. S. Technical Research Corporation 801 Second Avenue New York NY 10017; Dear Mr. Belier: This is in reply to your letter, dated November 11, 1969, in which yo seek an interpretation as to how Federal Motor Vehicle Safety Standards (FMVSSs) 103 and 104 are applicable to cars equipped with right-hand drive or a central steering wheel.; For motor vehicles equipped with right-hand drive, the windshield area to be defrosted and wiped by FMVSSs 103 and 104 respectively, are mirror images of those areas required for vehicles equipped with left-hand drive.; More information is required before a reply can be given on vehicle equipped with a central steering wheel. Defrosting and wiping areas requirements would naturally vary depending on the number and location of the front seat passenger seating positions in the vehicle equipped with a central steering wheel.; We trust that we have been of assistance to you. Sincerely, Robert Brenner,Acting Director |
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ID: aiam0463OpenMr. Satoshi Nishibori, Engineering Representative, Nissan Motor Company, Ltd., 400 County Avenue, Secaucus, NJ 07094; Mr. Satoshi Nishibori Engineering Representative Nissan Motor Company Ltd. 400 County Avenue Secaucus NJ 07094; Dear Mr. Nishibori: This is in reply to your letter of September 15, 1971, in which yo posed two related questions concerning the use of passive seat belt systems to meet the requirements of S4.1.2.2 of Standard No. 208.; The passive seat belt section S4.5.3, was added by the notice of Jul 8, 1971, 'to make it clear that redundant active belts need not be used if passive belts are used to meet any option requiring Type 1 or Type 2 belts.' If you choose to install a passive belt system, you do not have to provide a separate active system.; In response to your second question, S4.5.3 expressly provides that passive seat belt assembly may be used in place of a seat belt assembly that conforms to the warning system requirements of S7.3. If a passive seat belt conforming to S4.5.3 is used to meet the requirements of S4.1.2.2, it must comply with paragraph (b) of S4.1.2.2 but need not comply with paragraph (a), (c) or (d).; Please advise us if your questions have not been adequately answered. Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam5231OpenMr. James N. Doan Counsel - Operations Eaton Corporation Eaton Center Cleveland, OH 44114-2584; Mr. James N. Doan Counsel - Operations Eaton Corporation Eaton Center Cleveland OH 44114-2584; Dear Mr. Doan: This responds to your request for an interpretation o Federal Motor Vehicle Safety Standard No. 101, Controls and Displays. You asked whether an automatic vehicle speed control (also known as a cruise control), that you describe as 'mounted on the transmission shift lever,' must be illuminated. As explained below, the answer is no. S5.3.1 sets requirements concerning controls which must be illuminated. S5.3.1 excludes from the illumination requirements hand operated controls that are mounted on the floor, floor console or steering column. You believe that your proposed control would be considered 'mounted on the floor or floor console' and thus excluded from S5.3.1's illumination requirements. We agree that locating the control on the shift lever is similar to locating it on the floor console for the purposes of the illumination requirements. This interpretation is based on agency precedent concerning S5.3.1's exception for controls on steering columns. In the preamble to a final rule of May 4, 1971 (36 FR 8296), NHTSA determined that the exception for controls mounted on the steering column extends to controls mounted on the steering wheel. Since the transmission shift lever bears the same relationship to the floor console as does the steering wheel to the steering column, controls on the transmission shift lever are excepted from S5.3.1's illumination requirements. I hope that this information is useful. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure; |
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ID: aiam0033OpenJerome N. Sonosky, Esq., Messrs. Kurzman & Goldfarb, 1616 H Street, N.W., Washington, DC 20006; Jerome N. Sonosky Esq. Messrs. Kurzman & Goldfarb 1616 H Street N.W. Washington DC 20006; Dear Mr. Sonosky: This is in reply to your letter of August 29 requesting a verificatio of the interpretation of Standard 205 contained in a letter to you dated August 10 from Max Brand of Mercedes-Benz of North America.; Mr. Brand's understanding that glazing materials manufactured on o after January 1, 1968, for use in passenger cars, multipurpose passenger vehicles, motorcycles, trucks and buses must conform to Standard 205, but that dealer inventories of prestandard materials manufactured before January 1, 1968, may be used for replacement purposes until exhausted is correct.; Sincerely, William Haddon, Jr., M.D., Director |
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ID: aiam0526OpenMr. Wayne Myers, Angle Product Company, 11830 Brookpark Road, Cleveland, OH 44130; Mr. Wayne Myers Angle Product Company 11830 Brookpark Road Cleveland OH 44130; Dear Mr. Myers: This is in further response to the telephone inquiries you made o December 14, 1971, concerning the effective date of Federal Motor Vehicle Safety Standards (sic) No. 206 with respect to trucks.; You stated that you understood that the original January 1, 1972 effective date had been or would be postponed to September 1, 1972. No such postponement has been made or proposed. The standard will go into effect with respect to trucks on the first of this coming year, as originally scheduled.; Your source of information may have confused the effective date of th standard with that of a minor proposed amendment to the standard. That amendment, which was to become effective on January 1, 1972, is now scheduled to become effective September 1, 1972. A copy of that proposed amendment is enclosed for your information.; You also asked about the existence of a mailing list which would enabl you to receive our new standards and amendments to our existing standards. The Government Printing Office periodically publishes supplements to a loose-leaf publication entitled 'Federal Motor Vehicle Safety Standard (sic) and Regulations.' The most recent supplement, number 5, was published in November of this year. Detailed information concerning this service, including its cost, can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.; If you wish to receive our proposed, as well as our final, new standar (sic) and amendments, you should consider subscribing to the *Federal Register*. A year's subscription to this publication, which costs $25.00, can be ordered from the Superintendent of documents.; Please write if we can be of further assistance. Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4836OpenMs Anne Lombardi Acting Director Office of Passenger Enforcement and Facilitation Department of the Treasury U.S. Customs Service Washington, D.C. 20229; Ms Anne Lombardi Acting Director Office of Passenger Enforcement and Facilitation Department of the Treasury U.S. Customs Service Washington D.C. 20229; "Dear Ms. Lombardi: This is in reply to your letter of February 14 l99l, asking for an opinion on kit cars. Specifically, military and DOD civilian employees stationed on the Philippines 'frequently purchase automobiles which are composites of old chassis and engines, of U.S. manufacture, and new bodies and interiors, fabricated and attached to the chassis by local Filipino car shops. Normally, the chassis and engines were not taken abroad by the importers, but were purchased in the Philippines from other sources. In most cases the chassis are said to have been manufactured prior to January 1, l969.' You have asked which DOT regulations apply to these automobiles, those applicable to the year the chassis was manufactured, or those applicable to the year the body was attached. This is a question of first impression with us. Under the opinions of this Office relating to the National Traffic and Motor Vehicle Safety Act, if a person meeting the definition of a 'manufacturer', 'distributor', 'dealer', or 'motor vehicle repair business' removes a body from the chassis of a motor vehicle and installs a new one, the resulting vehicle must continue to meet the Federal motor vehicle safety standards that were in effect at the time that the vehicle was originally manufactured. If a person other than the above installs the new body, the vehicle is simply a used vehicle to which no Federal motor vehicle safety standards are applicable (but which must meet State standards for vehicle registration). However, these interpretations apply only to modifications that occur within a 'State' as defined by the Act. The Philippines is not included in the definition of 'State.' Where such modifications have occurred outside a 'State', and the modified vehicle is offered for importation into the United States, the vehicle is treated under the importation regulations (49 CFR Part 591) as a used vehicle which must be brought into conformity with Federal safety and bumper standards in effect at the time of its manufacture. We regard the date of manufacture of the original vehicle (i.e., chassis) as the appropriate date, because it may not be feasible to conform the assemblage to vehicle standards in effect at the later date on which the body was manufactured. If the original vehicle were manufactured before January 1, l968 (the effective date of the original safety standards), then no Federal motor vehicle safety standards apply to the vehicle. I must add an important caveat here. There are two types of Federal motor vehicle safety standards: those that apply to the vehicles as a whole (such as the so-called crash standards), and those that apply to individual equipment items. The equipment standards apply regardless of the date of manufacture of the vehicle. Thus, the tires, brake fluid, brake hoses, glazing, seat belt assemblies, and lamps and reflectors on any modified vehicle imported into the United States must meet the standards in effect at the time the items were manufactured, regardless of whether the modified vehicle must meet the Federal safety standards applicable to vehicles. I must also add two other caveats. The Imported Vehicle Safety Act of l988, which has been implemented by 49 CFR Parts 591-594, forbids the importation of a vehicle not originally manufactured to conform to the Federal motor vehicle safety standards (e.g., this would apply to an assemblage of a new body placed upon a chassis manufactured on or after January 1, l968) unless this agency has determined that the vehicle is capable of modification to comply with all applicable safety standards. This determination is made pursuant to a petition submitted by a 'Registered Importer,' who will undertake to conform the vehicle if a favorable determination is made. The second caveat is that the owner can import the vehicle only if (s)he has a contract with a Registered Importer to perform conformance work. However, there is a limited exception to the two caveats of the preceding paragraph. They do not apply to any vehicle that will be imported into the United States on or before October 31, l992, if its importer owned the vehicle (or had a contract to acquire it) before October 31, l988, was employed outside the United States at all times between those two dates, and had never before imported a nonconforming motor vehicle. Under this exception, the owner may import the vehicle without the necessity of a determination or the intervention of a Registered Importer. (S)he must then bring the vehicle into compliance with all applicable Federal motor vehicle safety and bumper standards, and present evidence of conformance to this agency. Under any circumstances of importation of a noncomplying vehicle to be conformed, its owner must acquire a performance bond to ensure that the work is, in fact, completed. If you have any further questions, we shall be pleased to answer them. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam0176OpenMr. W. W. King, Vice President, Marketing, Meyer Products, Inc., 18513 Euclid Avenue, Cleveland, OH 44112; Mr. W. W. King Vice President Marketing Meyer Products Inc. 18513 Euclid Avenue Cleveland OH 44112; Dear Mr. King: I regret the delay in responding to your letter of April 23, in whic you provided certain certification information and details on your wheeled spreaders.; The wheeled spreaders attached to a towing vehicle are considered moto vehicles under the National Traffic and Motor Vehicle Safety Act of 1966, and have been categorized as 'trailers'. Federal Motor Vehicle Safety Standard 108 is currently the only standard applicable to trailers, specifically those 80 inches and more in overall width.; This Standard will also apply to trailers of lesser width manufacture after December 31, 1968.; Accordingly Meyer Products is required to certify compliance i accordance with section 114 of the Act. I enclose for your guidance copies of the Act, Federal Standard No. 108, and the certification Notice currently in effect.; Sincerely, Robert M. O'Mahoney, Assistant Chief Counsel for Regulations |
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ID: aiam5374OpenMr. Neil Rowe Rowe Manufacturing 1266 Highway 96 - Box 386 Gladbrook, IA 50635-0386; Mr. Neil Rowe Rowe Manufacturing 1266 Highway 96 - Box 386 Gladbrook IA 50635-0386; "Dear Mr. Rowe: This responds to your letter requesting informatio about Federal requirements applicable to your product, the Glad Grip. You stated that this product serves as a handle to help connect and disconnect truck tractor air brake hoses at the glad hand. I am pleased to have this opportunity to explain our regulations to you. By way of background, NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue Federal motor vehicle safety standards (FMVSSs) that set performance requirements for new motor vehicles and new items of motor vehicle equipment, such as your product. However, NHTSA has not issued any FMVSS for your product. Our standard for brake hoses (FMVSS 106) applies to air brake hoses, end fittings and assemblies installed as original equipment and to those sold in the aftermarket. Standard 106 defines 'brake hose end fitting' as a coupler, other than a clamp, designed for attachment to the end of a brake hose. You describe the Glad Grip as a device which attaches to the end fitting of an air brake assembly and the glad hand. Since the brake hose that attaches to the Glad Grip is equipped with its own end fittings, the Glad Grip itself is not an end fitting. Therefore, Standard 106 is inapplicable. While it does not appear that you will market your device as original equipment on new vehicles, bear in mind that FMVSS No. 121, Air Brake Systems, applies to trucks and trailers. Any new truck or trailer that has your product as original equipment must meet the standard's requirements with your product installed. I note also that, while NHTSA has not issued any standards for a device such as yours, you are subject to the requirements in sections 151-159 of the Safety Act concerning the recall of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the Glad Grip contains a safety related defect, you as the manufacturer of the product would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Further, the Glad Grip is also subject to the requirements of 49 CFR Part 393.45 and 393.46 (copy enclosed), which are regulations administered by the Federal Highway Administration (FHWA) for commercial vehicles. If you are interested in these FHWA requirements, you can write to that agency at the addressed provided in the enclosed information sheet. I hope this information is helpful. If you have any other questions about NHTSA's safety standards, please contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures"; |
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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.