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: aiam0441OpenMr. Yasunobu Mitoya, Project Manager, Designing Division, Toyo Kogyo Co., Ltd., 6047 Fuchu-Machi, Aki-Gun, Hiroshima, Japan; Mr. Yasunobu Mitoya Project Manager Designing Division Toyo Kogyo Co. Ltd. 6047 Fuchu-Machi Aki-Gun Hiroshima Japan; Dear Mr. Mitoya: This is in response to your letter concerning 'Parts Subject to MVS No. 302,' your reference No. P-71-10, dated June 21, 1971. In paragraph A of your letter you list several vehicle components and ask whether, because the size of the component is small when compared to the specified sample size of S5.2, the component must still meet the requirements of the standard. If so, you ask which components, based upon pictures of the vehicle that you enclosed, are subject to the standard.; The answer to your question is yes. Whether a particular component mus meet the requirements of the standard does not depend upon its size, but upon whether it is included within the language of S4.1. If a particular component is smaller than the sample size specified in S5.2.1, it may be tested using the heat resistant wires described in S5.1.3.; With regard to whether the components you list are subject to th standard, in our answer we have combined those you listed in question A as well as in question B. Our answers are based solely upon the pictures you submitted and not an actual vehicle, and we cannot therefore be specific in all instances. While none of the components you list is specifically referred to in S4.1, some of the components appear to closely resemble or to be merely different descriptions of items that are enumerated. If so, they are subject to the standard. These are the parcel shelf and scarf plate. Seaming welt and seaming rubber should be considered as part of the component to which it is attached and for which it provides a seam.; Whether the other items you list are subject to the standard depend upon whether they are 'other interior materials . . . designed to absorb energy on contact by occupants in the event of a crash.' The components that you list that may fall within this category are the head restraint adjuster knob, radio, lighter, choke and other knobs, combination switch knob, steering wheel, transmission control lever knob, door latch release cover, window control knob, seat slide knob, reclining knuckle cover, room lamp, interior rear view mirror, meter case, glove compartment door, decoration plate of radio and clock, steering column cover, console, venitilation (sic) (ducts), transmission control lever boot, heater, steering wheel hub, and air conditioner. Items that we can determine would not be covered under this language would be the pedal pads and the wiring beneath the instrument panel.; If you have additional questions, please write to us. Sincerely, Lawrence R. Schneider, Acting Chief Counsel |
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ID: aiam5592OpenMr. D. L. O'Connor Manager Government & Customer Compliance The Goodyear Tire & Rubber Company Akron, OH 44316-0001; Mr. D. L. O'Connor Manager Government & Customer Compliance The Goodyear Tire & Rubber Company Akron OH 44316-0001; "Dear Mr. O'Connor: This responds to your telephone conversation wit Walter Myers of my staff on July 12, 1995, followed up by your letter of July 13, 1995. You stated that Goodyear is encountering difficulties in exporting tires to Colombia, South America, in that Colombia wants verification that Goodyear complies with all Federal motor vehicle safety standards (FMVSS) when placing the DOT symbol on tires. You believe that Colombia will permit importation of Goodyear tires if NHTSA recognizes that Goodyear is a U.S. tire manufacturer in good standing and that Goodyear's placing the DOT symbol on its tires is accepted as valid certification of compliance by the U.S. government. As Mr. Myers stated in your telephone conversation, other U.S. tire manufacturers and exporters have had similar difficulties with Central and South American countries. All those countries regard the FMVSSs as acceptable assurances of tire safety, but they do not seem to understand or are skeptical of our system of manufacturer self-certification. They want assurances from a responsible U.S. government agency that manufacturer self-certifications are accepted as valid by the U.S. government. Enclosed is a statement similar to those that we have provided other manufacturers and exporters. Since the Federal government cannot and does not approve, certify or endorse vehicles and equipment, this statement is as far as we can go in getting the Federal government involved in what by law is essentially a manufacturer responsibility. I hope the enclosed statement will be helpful to you. Should you have further questions or need additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam3272OpenMr. Robert Fondiller, President, WOW! Corporation, 200 West 58th Street, New York, NY 10019; Mr. Robert Fondiller President WOW! Corporation 200 West 58th Street New York NY 10019; Dear Mr. Fondiller: This responds to your March 18, 1980, letter to this agency in whic you posed some questions about a 3-wheeled vehicle your company plans to produce. First, you wanted to know if a 3-wheeled vehicle would be classified as a car, a motorcycle, or some other vehicle. Second, you asked if the vehicle could be licensed for street and/or highway use. Third, you asked if replacing the single rear wheel with a double rear wheel would result in the vehicle being classified as a 3- wheel or 4-wheel vehicle, and what effect, if any, classification as a 4-wheel vehicle would have on the answers given to the first two questions.; This agency classifies all 3-wheeled motor vehicles as motorcycles pursuant to the definition of 'motorcycle' given in 49 CFR S 571.3. The pertinent part of that section reads:; >>>'Motorcycle' means a motor vehicle with motive power having a sea or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.<<<; We determine the number of wheels on a vehicle simply by counting thos wheels. Hence, if you were to replace the single rear wheel with a double rear wheel, the vehicle would then be a 4-wheeled vehicle and could not be classified as a motorcycle. Such a vehicle would be classified as a passenger car.; The classification of a vehicle is important since it affects th Federal motor vehicle safety standards with which the vehicle must comply If a vehicle is a motorcycle, it must comply with the following safety standards: 108, 111, 112, 115, 120, 122, 123, and 127. If, on the other hand, a vehicle is a passenger car, it must comply with the following standards: 101, 103, 104, 107, 108, 110, 111, 112, 113, 114, 115, 118, 124, 127, 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212, 214, 216, 219, and 302. As you see, the requirements for passenger cars are more stringent than for motorcycles.; I have enclosed a pamphlet prepared by this agency which gives a brie summary of the requirements of each of the Federal motor vehicle safety standards. However, because of the volume of these standards, we do not provide copies directly. I have also enclosed an information sheet which explains how you can obtain copies of our standards and other regulations.; This agency does not license any vehicles for street or highway use. W specify performance requirements, and any motor vehicle must be certified by its manufacturer as being in compliance with all applicable safety standards as of the date of its manufacture. If the vehicle complies with these requirements, we specify no further steps which must be taken.; If you have any further questions concerning motor vehicle safety o need further information, please do not hesitate to contact me.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1464OpenMr. R. Debesson, General Secretary, European Tyre and Rim Technical Organisation, Avenue Brugmann, 32, 1060 Bruxelles, BELGIUM; Mr. R. Debesson General Secretary European Tyre and Rim Technical Organisation Avenue Brugmann 32 1060 Bruxelles BELGIUM; Dear Mr. Debesson: This is in reply to your Submission Nos. 78 and 79, of February 1 1974, and February 19, 1974, respectively. In Submission No. 79 you request that several corrections be made to the Tables of the Appendices of Standard Nos. 109 and 110 as they appeared in the *Federal Register* on November 1, 1973 (38 FR 30234). In Submission No. 78 you request new additions to the Tables.; You request in Submission No. 79 that Footnote No. 1 of Table I-S an I-T in standard No. 109 be corrected. A correction of those footnotes was published in the *Federal Register* on February 5, 1974 (39 FR 4578), and we enclose a copy. You also request that in Table I-C of Standard No. 109 the test rim width for the 165-15 tire size designation be changed to 4 1/2 inches. That correction was published in the *Federal Register* of November 13, 1973 (38 FR 31309), copy also enclosed.; You further request that Table I-D be corrected by changing the tes rim width of the 145-10 tire size designation to 4 1/2 inches, by changing the minimum size factor of the 230-15 tire size designation to '37.30,' and by changing the test rim width of the 165-400 tire size designation to '4.65.' Our review of previous publications show these three items and we will publish a correction regarding them. You also request changed in several load inflation values in Tables I-H and I-N. The November 1, 1973, publication is incorrect with respect to these load values as well, and we will publish a correction regarding them.; We cannot, however, grant your request that we correct in Table I-F th 16 psi (from '705 to '760') for the 5.60 R 15 and 5.90 R 13 tire size designations without first receiving a formal submission from E.T.R.T.O. requesting the change. The 705-pound load is a carryover from earlier Tables, and we cannot conclude that the Table as published on November 1 is in error. Accordingly, if you wish the load value to be modified to 760 pounds you must request such a change in accordance with the abbreviated rulemaking procedures published in the *Federal Register* on October 5, 1968 (33 FR 14964). Upon receipt and approval of E.T.R.T.O.'s submission, we will make the requested change in the subsequent quarterly amendment to the Tables.; You ask in Submission No. 78 that we add to Table I-H the 165 SR 1 tire size designation and the alternate rim size 500b. No amendment is necessary to include the 165 SR 13 tire size designation in Table I-H. Tire size 165 R 13 is listed, and Footnote 1 of the Table allows the 'S' to be placed adjacent to the 'R.' We will, however, add the 5.00B rim as an alternative rim size for the 165 R 13 tire size designation in the next quarterly amendment to the Tables.; We are pleased to be of assistance. Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam3273OpenMr. Robert Fondiller, President, WOW! Corporation, 200 West 58th Street, New York, NY 10019; Mr. Robert Fondiller President WOW! Corporation 200 West 58th Street New York NY 10019; Dear Mr. Fondiller: This responds to your March 18, 1980, letter to this agency in whic you posed some questions about a 3-wheeled vehicle your company plans to produce. First, you wanted to know if a 3-wheeled vehicle would be classified as a car, a motorcycle, or some other vehicle. Second, you asked if the vehicle could be licensed for street and/or highway use. Third, you asked if replacing the single rear wheel with a double rear wheel would result in the vehicle being classified as a 3- wheel or 4-wheel vehicle, and what effect, if any, classification as a 4-wheel vehicle would have on the answers given to the first two questions.; This agency classifies all 3-wheeled motor vehicles as motorcycles pursuant to the definition of 'motorcycle' given in 49 CFR S 571.3. The pertinent part of that section reads:; >>>'Motorcycle' means a motor vehicle with motive power having a sea or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.<<<; We determine the number of wheels on a vehicle simply by counting thos wheels. Hence, if you were to replace the single rear wheel with a double rear wheel, the vehicle would then be a 4-wheeled vehicle and could not be classified as a motorcycle. Such a vehicle would be classified as a passenger car.; The classification of a vehicle is important since it affects th Federal motor vehicle safety standards with which the vehicle must comply If a vehicle is a motorcycle, it must comply with the following safety standards: 108, 111, 112, 115, 120, 122, 123, and 127. If, on the other hand, a vehicle is a passenger car, it must comply with the following standards: 101, 103, 104, 107, 108, 110, 111, 112, 113, 114, 115, 118, 124, 127, 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212, 214, 216, 219, and 302. As you see, the requirements for passenger cars are more stringent than for motorcycles.; I have enclosed a pamphlet prepared by this agency which gives a brie summary of the requirements of each of the Federal motor vehicle safety standards. However, because of the volume of these standards, we do not provide copies directly. I have also enclosed an information sheet which explains how you can obtain copies of our standards and other regulations.; This agency does not license any vehicles for street or highway use. W specify performance requirements, and any motor vehicle must be certified by its manufacturer as being in compliance with all applicable safety standards as of the date of its manufacture. If the vehicle complies with these requirements, we specify no further steps which must be taken.; If you have any further questions concerning motor vehicle safety o need further information, please do not hesitate to contact me.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam5030OpenMr. Jeffrey Puentes, President Sacramento Registration Service 11684 Ventura Blvd., Suite 271 Studio City, CA 91604; Mr. Jeffrey Puentes President Sacramento Registration Service 11684 Ventura Blvd. Suite 271 Studio City CA 91604; "Dear Mr. Puentes: This responds to your request for information o laws and regulations administered by this agency that would apply to motorcycle frames, a product that your client wishes to manufacture and sell. Since motorcycle frames would constitute 'motor vehicle equipment,' the product would be subject to NHTSA's jurisdiction as follows. Your letter stated that your client intends the frames to be sold to the 'retail public' and to be used to replace frames of damaged Harley Davidson motorcycles. In a telephone conversation with Dorothy Nakama of my staff, you stated that your client is a domestic manufacturer, and the term 'serial number' in your letter meant vehicle identification numbers (VINs), as specified by this agency. The National Traffic and Motor Vehicle Safety Act (the Safety Act) authorizes this agency to regulate 'motor vehicles' and items of 'motor vehicle equipment.' Section 102(4) of the Safety Act (15 U.S.C. 1391(4)) defines 'motor vehicle equipment,' in part, 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 ... In your letter, you stated that your client intends its motorcycle frames to be used to replace frames in damaged motorcycles. Thus, the motorcycle frames would be 'motor vehicle equipment' since they are 'similar parts' that will be 'sold for replacement' of a part. If your client's motorcycle frames should be installed into a motorcycle by a commercial business, Section 108(a)(2)(A) of the Safety Act could affect such installations. That section of the Act requires manufacturers, distributors, dealers, and motor vehicle repair businesses to ensure that they do not knowingly render inoperative any device or element of design installed on or in a motor vehicle or itemof motor vehicle equipment in compliance with an applicable Federal Motor Vehicle Safety Standard (FMVSS). The above-named businesses could sell the motorcycle frames but could not install them if the installation would adversely affect a motorcycle's compliance with any of the applicable FMVSS's. In the first instance, it would be the responsibility of these entities to determine whether there is any possibility of such an effect. The prohibitions of Section 108(a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her motorcycle. Thus, a motorcycle owner would not violate the Safety Act by replacing the motorcycle frame, even if doing so would adversely affect some safety feature in his or her motorcycle. Manufacturers of motor vehicle equipment such as motorcycle frames are also 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. The Safety Act specifies that if either your client's company or this agency determines that a safety-related defect exists in the motorcycle frame, that company as the manufacturer must notify purchasers of the safety-related defect and must either: (1) repair the product so that the defect is removed, or (2) replace the product with identical or reasonably equivalent products which do not have a defect. Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than 8 years before the notification campaign. You also asked about vehicle identification numbers (VINs) (referred to in your letter as 'serial numbers') and whether motorcycle frames must be identified with VINs. As you may be aware, Federal Motor Vehicle Safety Standard No. 115, Vehicle identification number- basic requirements specifies that vehicles manufactured in one or more stages must have a VIN assigned by the manufacturer. Your client is a motorcycle frame manufacturer, not a motor vehicle manufacturer. Therefore, your client should not assign VINs to the motorcycle frames that it manufactures. Please note, however, that NHTSA regulations would not preclude your client from assigning 'serial numbers' to the frames it manufactures, if the numbers are for its own inventory, recordkeeping, or other internal purposes. You further requested information about laws regulating retail businesses that may affect your client. Other than the matters that have previously been discussed in this letter, NHTSA has no laws or regulations affecting your client as a retail business selling motorcycle frames. Regulation of retail businesses is generally a matter of state law. For more specific information, I would suggest you investigate the requirements for each state in which your client intends to begin a retail establishment. For your information, I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. This sheet gives a brief description of our regulations and explains how to obtain copies of those regulations. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam5217OpenMr. Alan Niedzwiecki Director of Business Development EDO Corporation 14-04 111th Street College Point, NY 11356-1434; Mr. Alan Niedzwiecki Director of Business Development EDO Corporation 14-04 111th Street College Point NY 11356-1434; "Dear Mr. Niedzwiecki: This responds to your letter requestin information about this agency's activities related to cylinders for 'compressed natural gas (CNG) vehicle on- board motor fuel storage.' According to your letter, EDO is developing an all- composite cylinder that has a safety factor of 3.5. You further explained that your company is planning to begin a conversion program using these cylinders. Mr. Marvin Shaw of my staff discussed your letter with your associate, Mr. John Vincenzo. Mr. Vincenzo said that EDO knows that the National Highway Traffic Safety Administration (NHTSA) is conducting a rulemaking related to CNG cylinders. Mr. Vincenzo seeks confirmation that, until a rule results from that rulemaking, there is no Department of Transportation regulation with which your company is required to comply before you start your conversion program. By way of background information, NHTSA is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act) to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and 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. NHTSA also investigates safety-related defects in motor vehicles and items of motor vehicle equipment. At present, NHTSA has not issued any standard applicable to CNG cylinders or any regulation dealing with the conversion of vehicles to be equipped with such cylinders. Therefore, until such time as a standard is issued, you are correct that you are not required to comply with any NHTSA safety standard related to CNG fuel systems. However, please be aware that manufacturers of CNG tanks and vehicles 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 NHTSA or the manufacturer of the tank or vehicle determines that the product contains a safety- related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. In addition, NHTSA has certain restrictions on vehicle fuel system conversions, depending on who does the conversion and when the work is done. I have enclosed a discussion that sets forth the implications under our present regulations of converting new and used gasoline-powered vehicles to use propane or other gas (such as CNG). That discussion addresses NHTSA's vehicle alterer requirements (49 CFR 567.7) which apply to work on new vehicles, and the Safety Act's 'render inoperative' provision (108(a)(2)(A)), which applies to work on new and used vehicles. Section 108(a)(2)(A) prohibits vehicle manufacturers, distributors, dealers and repair businesses from 'knowingly rendering inoperative, in whole or in part, any device or element of design installed ... in compliance' with any FMVSS. Please contact us if you have further questions relating to the enclosed discussion. I also note that the enclosed discussion is based on the FMVSS's that are currently in effect. As you know, NHTSA issued a proposed rule for CNG tanks and vehicles using CNG as a fuel. (58 FR 5323, January 21, 1993). If the agency were to ultimately decide to adopt the proposal, it would be necessary for NHTSA to revisit the 'render inoperative' issues that relate to vehicle conversions. For example, if NHTSA were to issue a safety standard for CNG cylinders, all cylinders manufactured after the effective date of the standard would be required to comply with its requirements, whether they are placed on new vehicles or on new or used vehicles converted to CNG fuel. With regard to present requirements for vehicle conversions, you should also note that the Federal Highway Administration (FHWA) of this Department has operational and equipment requirements for commercial vehicles used in interstate commerce. For information about possible FHWA requirements affecting your conversions, you can contact that agency's Chief Counsel's office at (202) 366-0650. You were particularly interested in NHTSA's proposed rule for CNG tanks and vehicles using CNG as a fuel. In response to that proposal, the agency received over 55 comments (including one from your corporation), which we are currently analyzing. We expect our next regulatory decision in early 1994. In addition, please be aware that the January 1993 notice was a proposal and does not necessarily reflect the precise requirements that will be contained in the final rule. I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam0246OpenMr. Fred C. Zimmer, Evans, Gentithes and Meermans, 220 East Market Street, Warren, Ohio 44481; Mr. Fred C. Zimmer Evans Gentithes and Meermans 220 East Market Street Warren Ohio 44481; Dear Mr. Zimmer: Pursuant to the National Traffic and Motor Vehicle Safety Act of 1966 15 USC 1381 et. seq., the National Highway Safety Bureau issued Federal Motor Vehicle Safety Standard 109 (FMVSS-109). This standard set forth strength, bead unseating, endurance, high speed and labeling requirements for passenger car tires manufactured on or after January 1, 1968, for use on cars manufactured after 1948. This standard does not apply to other types of tires. A copy of FMVSS-109 is enclosed. A manufacturer self-certifies that the tire meets the minimum requirements of the standard by molding the symbol 'DOT' into the tire. Subsequent identification of the tire as a 'second' would not negate the certification.; The National Highway Safety Bureau is currently testing many bran /size tires to verify their conformance to Federal Motor Vehicle Safety Standard No. 109. The tests are conducted at independent laboratories under contract to the Government. Results of these tests are released to the public in a monthly summary.; The test results does not reflect the Bureau's position on the matter Favorable test results should not be interpreted as necessarily establishing that a specific tire is in conformity with the standard, similarly, unfavorable test results should not be interpreted as establishing nonconformance.; Copies of individual test reports con be obtained, for a fee of $3.0 per publication, from the Clearinghouse for Federal Scientific and Technical Information, Springfield, Virginia 22151. Should sufficient data be left remaining on the tire in question for proper identification you may wish to avail yourself of this service.; There is an organization which could possibly furnish you with the nam of an individual capable of analyzing the causes of tire failures. Their name and address is: America Council of Independent Laboratories, Incorporated. 1714 West Capitol Avenue, Houston, Texas 77007.; I trust this information will be useful to you, and I appreciate thi opportunity to be of assistance.; Sincerely, Francis Armstrong, Director, Office of Compliance, Moto Vehicle Programs; |
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ID: aiam4786OpenMr. Gerald F. Vinci Sun Refining and Marketing Company Tenn Penn Center 1801 Market St. Philadelphia, PA 19103-1699; Mr. Gerald F. Vinci Sun Refining and Marketing Company Tenn Penn Center 1801 Market St. Philadelphia PA 19103-1699; "Dear Mr. Vinci: This responds to your August 14, 1990 letter an telephone calls about your plans to convert the fuel system on a vehicle from gasoline to propane. You said your company ('Sun Refining') would like to purchase a new vehicle and convert it for purposes of your own research, and will not be reselling the vehicle. You ask about the requirements that would apply to the conversion. We do not have any requirements that would apply to the conversion if the conversion is made by Sun itself. The National Traffic and Motor Vehicle Safety Act and NHTSA's regulations generally do not apply to a vehicle after the vehicle is sold to a consumer (e.g., Sun) for purposes other than resale. Although the Act prohibits certain entities from tampering with or removing federally required safety features, the prohibition does not apply to modifications by a vehicle owner to his or her own vehicle. However, in the event you have the conversion done by a party other than your company, Federal law may apply. Section 108(a)(2)(A) of the Safety Act prohibits vehicle manufacturers, distributors, dealers and repair businesses from knowingly rendering inoperative federally required safety features when modifying a vehicle. I have enclosed an information sheet that discusses the application of 108(a)(2)(A) to fuel system conversions. NHTSA wishes to learn more about the safety of propane fuel systems and is considering a public announcement seeking information on various safety issues. We would, therefore, be interested in the results of your research when they're completed. Even though your conversion would not be covered by the FMVSS's, we suggest you consult State law to see if the State has requirements for propane vehicles. In addition, other Federal agencies may have regulations for your vehicle. If your vehicle would be a commercial vehicle, the regulations of the Federal Highway Administration (FHWA) may apply. I have forwarded a copy of your letter to FHWA for their reply. You might also contact the Environmental Protection Agency (EPA) for information about the conversion. EPA's general telephone number is (202) 382-2090. I hope this information is helpful. Please contact us if you have further questions. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam5525OpenMs. Merridy R. Gottlieb 4 Duchess Court Baltimore, MD 21237; Ms. Merridy R. Gottlieb 4 Duchess Court Baltimore MD 21237; Dear Ms. Gottlieb: This responds to your letter of February 14, 1995 requesting an 'exemption' from the National Highway Traffic Safety Administration (NHTSA) to allow a business to modify your motor vehicle. Your letter states: I am disabled and need 3-4' of additional room for the passenger seat to allow my legs to straighten on long trips. I have two replaced hips and arthritis in my knees. If I leave my legs slightly bent for long periods of time, I suffer too much pain to be active at the end of the drive. By allowing my legs to straighten all the way out, there is no pain at all. You state that you were told that this modification cannot be done as it would 'interfere with the functionality of the air bag.' In summary, our answer is that you may have your vehicle modified. NHTSA will not institute enforcement proceedings against a repair business that modifies the seat on your vehicle to accommodate your condition. A more detailed answer to your letter is provided below. I would like to begin by clarifying that there is no procedure by which persons petition for and are granted an exemption from NHTSA to have a motor vehicle repair business modify their motor vehicle. Repair businesses are permitted to modify vehicles without obtaining permission from NHTSA to do so, but are subject to certain regulatory limits on the type of modifications they may make. In certain limited situations, we have exercised our discretion in enforcing our requirements to provide some allowances to a repair business which cannot conform to our requirements when making modifications to accommodate the special needs of persons with disabilities. Since your situation is among those given special consideration by NHTSA, this letter should provide you with the relief you seek. Our agency is authorized to issue Federal Motor Vehicle Safety Standards (FMVSS) that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to certify that their products conform to our safety standards before they can be offered for sale. Manufacturers, distributors, dealers, and repair businesses are prohibited from 'knowingly making inoperative' any device or element of design installed on or in a motor vehicle in compliance with an applicable FMVSS. In general, the 'make inoperative' prohibition would require repair businesses which modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable FMVSS. Violations of this prohibition are punishable by civil fines up to $1,000 per violation. Moving a seat could affect compliance with Standard No. 208, Occupant Crash Protection. Standard No. 208 sets forth requirements for occupant protection at the various seating positions in a vehicles. Standard No. 208 requires that cars be equipped with automatic crash protection at the front outboard seating positions. Automatic crash protection systems protect their occupants by means that require no action by vehicle occupants. Compliance with the automatic crash protection requirements of Standard No. 208 is determined in a dynamic crash test. That is, a vehicle must comply with specified injury criteria, as measured on a test dummy, in a 30 mph barrier crash test. The two types of automatic crash protection currently offered are automatic safety belts (which help to assure belt use) and air bags (which supplement safety belts and offer some protection even when safety belts are not used). Based on the information in your letter, it appears that the manufacturer of your vehicle installed air bags as the means of complying with Standard No. 208's requirement. Your modifier is concerned that the modification of the seat would 'make inoperative' the air bag. I would like to note that accident data would suggest that a person is at greater risk of injury from an air bag from sitting too close to the air bag, rather than further away from the air bag. However, I understand that, due to the dynamic testing requirement, the modifier will be unable to ensure that the vehicle continues to comply with Standard No. 208's requirements. In situations such as yours where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider any violations of the 'make inoperative' prohibition a purely technical one justified by public need. As I have already noted above, NHTSA will not institute enforcement proceedings against a repair business that modifies the seat on your vehicle to accommodate your condition. We caution, however, that only necessary modifications should be made to the seat, and the person making the modifications should consider the possible safety consequences of the modifications. For example, in moving a seat, it is critical that the modifier ensure that the seat is solidly anchored in its new location. You should also be aware that an occupant of a seat which has been moved rearward may have less protection in a crash if the seat is too far rearward relative to the anchorages of the safety belts for that seat. Finally, if you sell your vehicle, we encourage you to advise the purchaser of the modifications. I hope this information has been helpful. If you have any other questions or need some additional information in this area, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel; |
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.