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: nht81-3.10OpenDATE: 08/25/81 FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA TO: Ford Motor Company TITLE: FMVSS INTERPRETATION TEXT: AUG 25 1981 NOA-30 Roger E. Maugh, Director Automotive Safety Office Environmental and Safety Engineering Staff Ford Motor Company The American Road Dearborn Michigan 48121 Dear Mr. Maugh: This responds to your letter of July 31, 1981, to Hugh Oates of my staff requesting an interpretation concerning Safety Standard No. 210, Seat Belt Assembly Anchorages. You ask whether you are correct in your belief that the requirements of paragraph S4.3.1.1 of the standard apply to the seat belt anchorages used in your planned 1982-model Continental passenger cars rather than the requirements of paragraph S4.3.1.2. Paragraph S4.3.1 of the Standard specifies location requirements for the seat belt anchorages for Type 1 seat belt assemblies and the pelvic portion of Type 2 seat belt assemblies. Paragraph S4.3.1.1 applies in those installations in which the seat belt does not bear upon the seat frame, and the requirements of paragraph S4.3.1.2 apply in installations in which the seat belt does bear upon the seat frame. On the 1982 Continental passenger cars, the buckle end of the seat belt assembly passes through a "console support structure" which is connected to the bottom of the seat frame. However, you contend that since the console support structure is not a structural component of the seat frame, the seat belt does not bear upon the seat frame and, consequently, that paragraph S4.3.1.1 applies.
Your interpretation of paragraphs S4.3.1.1 and S4.3.1.2 is correct. The phrase "bears upon the seat frame" as used in paragraph S4.3.1.2 refers to seat belt assemblies in which the seat belt presses or rests directly on the main structural frame of the seat. As illustrated in the photographs supplied in your letter, the seat belt in the 1982-model Continental passenger cars does not bear upon the structural seat frame. Rather, the belt rests on the console support frame which is not a necessary structural component of the main seat frame, but is merely attached to the seat frame at the bottom on the inboard side. Since the seat belt is located to the side of the seat frame and does not bear upon the structural seat frame itself, the requirements of paragraph S4.3.1.1 apply to the location of the seat belt anchorages used in the 1982 Continental passenger cars rather than the requirements of Paragraph S4.3.1.2. We note that the console support frame could easily have been attached to the transmission tunnel rather than to the seat frame. In that case, the seat belt obviously would not bear upon the seat frame. However, with such a design, the frame supporting the belt would not move with the seat, and the driver could have problems reaching the belt and positioning it properly when the seat is in certain positions. The design of the passenger seat and seat belt assembly in the 1982 Continental is very desirable because attachment of the console support frame to the seat makes the seat belt very accessible in all seat positions. The fact that the console was attached to the seat frame for convenience purposes does not mean that the console is part of the seat frame within the meaning of S4.3.1.2. The original intent of the location requirements of FMVSS 210 was to enhance belt performance with acceptable belt comfort and convenience. The specific requirements that are the subject of this interpretation were intended to ensure that belts would not develop excessive slack if a seat structural member bent or failed during a crash, and to reduce the likelihood that the lap belt would move into the abdominal area during a crash. We trust that Ford has adequately tested the configuration that is proposed here to ensure proper performance in a crash situation. Please contact this office if you have further questions. Sincerely, Frank Berndt Chief Counsel July 31, 1981 Hugh F. Oates, Jr., Esq. Office of Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S. W. Washington, D. C. 20590 Dear Mr. Oates: This letter is to request concurrence in Ford Motor Company's view that compliance to section S4.3 "Location" of Motor Vehicle Safety Standard No. 210 properly should be evaluated under subsection S4.3.1.1 for passenger seats of a new design being introduced in 1982 model Continental passenger cars. The applicability of subsection S4.3.1.1, rather than subsection S4.3.1.2, of Standard No. 210 was discussed between Ford personnel and you and Mr. R. Hitchcock of the Administration in Dearborn yesterday. At that time you were shown the new seat design and told why we believe it presents the possibility that a compliance tester might erroneously conclude that it should be evaluated against the criteria of subsection S4.3.1.2. If anchorage locations of these vehicles were to be evaluated under that subsection, rather than subsection S4.3.1.1, the location specifications could not be met. The potential for misunderstanding arises, we believe, out of the fact that the bottom of the seat frame has connected to its inboard side a console support structure through which the inboard (buckle) end of the seat belt assembly passes. The console support structure is intended to provide a base for a "mini-console" that is to be installed on the inboard side of each half of a split bench seat. It is not a structural member of the seat frame and therefore, in our opinion, the fact that the inboard end of the belt would bear on the structure of the console support should not result in the anchorage locations being evaluated under the criteria of subsection S4.3.1.2 which apply only to installations in which the "...belt bears upon the seat frame...". As may be seen from sketches provided by the Administration to contractors evaluating compliance to Standard No. 210 (Attachment A), the routing of the seat belts contemplated by the drafters of the standard as "bearing upon the seat frame" involve configurations wholly unlike that in question. Moreover, routing the inboard end of the seat belt assembly through a console support structure that moves with the seat frame has the salutary effect of helping to best position the belt and improving belt accessibility, no matter what position the seat is adjusted to. Ford could obviate all risk of misapplication of subsection S4.3.1.2 to the new seat design by physically modifying the console support so that the inboard end of the seat belt would not bear upon its structure, but only on the trim cover. For the reasons discussed above, we respectfully submit that we should not be required to do so. Furnished for your reference are Attachment B which depicts the lower seat frame for the 1982 Continental, Attachment C, the console support and its cover, Attachment D, the untrimmed console support attached to the seat frame, and Attachment E, a finished seat assembly. In order to avoid needless misunderstanding about the compliance of these seat belt assemblies to the anchorage location provisions of Standard No. 210 after production commences in mid-August, I should appreciate receiving the Administration's prompt confirmation of our analysis of the applicability of subsection S4.3.1.1 to the newly designed seat and console assembly, or your expression of any grounds on which the Administration may disagree with that analysis. Sincerely Roger E. Maugh Attachments |
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ID: nht94-1.85OpenTYPE: Interpretation-NHTSA DATE: March 17, 1994 FROM: John Womack -- Acting Chief Counsel, NHTSA TO: Carl Haywood -- Operations Manager, Emergency Response Specialists (Morris, Alabama) TITLE: None ATTACHMT: Attached to letter dated 12/21/93 from Carl Haywood to John Womack TEXT: This responds to your letter of December 21, 1993, requesting information about seating requirements for emergency response units you are designing to respond to chemical spills. The response units are tractor trailer combinations which can be driven in and out of the cargo bay of C-130 Hercules aircraft which are used to transport the units to the site. You further describe the response units as follows: Our response units are designed to transport all six (6) of our response team members, for over the highway transportation three (3) of our team members will ride in the tractor and the remaining three (3) will ride in the trailer. D uring air transportation all six (6) team members will ride in the trailer. By providing seating with lap and shoulder restraints in the response unit for both ground and air transportation we eliminate the need for special crew cabins for air transportation, and extra vehicles for ground transportation. This conserves the limited space available on the C-130 allowing us to carry all the equipment needed to respond effectively to large scale chemical releases. You requested information on the regulation of the seating in the response units. You have already contacted several Department of Transportation agencies, including the Federal Aviation Administration. I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. The Safety Act defines the term "motor vehicle" as follows: any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails. If a vehicle is a "motor vehicle" under the definition, then the vehicle must comply with all applicable safety standards, including those related to seating and occupant restraint. However, if a vehicle is not a motor vehicle under this definition, the n the vehicle need not comply with the agency's safety standards because such a vehicle is outside the agency's scope of authority. Applying this definition to the response units, NHTSA believes the response units are motor vehicles within the meaning of the Safety Act. In determining whether a vehicle which has both on-road and off-road uses is a motor vehicle, the agency looks at whether the vehicle uses public roads on a necessary and recurring basis. Applying this criteria to the response units, we believe that the response units have a primary function of highway transportation of personnel and equipment to the chemical spill site. NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to determine the occupant seating requirements for the response units, it is necessary to determine how these vehicles are classified unde r our regulations. NHTSA he fines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment." The tractor portion of the response unit has seating capacity for at least three passengers, but its primary use appears to be to draw the trailer. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations. NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." NHTSA believes the trailer portion of the response units would be considered trailers fo r the purpose of Federal regulations. NHTSA has exercised its authority under the Safety Act to issue four safety standards relevant to occupant seating and restraint: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages. Standard No. 207 establishes strength and other performance requirements for all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facin g seats. Therefore, all "occupant seats" in tractor portion of the response units must meet the requirements of Standard No. 207. Standard No. 207 does not apply to trailers, therefore, the seats in the trailer portion of the response units are not subj ect to the requirements of Standard No. 207. Standard No. 208 specifies occupant protection requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds. As explained below, trucks are required to have, at a minimum, a lap belt at every designated seating position. As with Standard No. 207, Standard No. 208 does not apply to trailers. Therefore, the seats in the trail er portion of the response units are not required to have any type of safety belt at any seating position. The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Vehicle manufacturers have a choice of two options for providing occupant crash protection in trucks manufactured on or after September 1 , 1990. Option 1 requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seating position. If a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of a lap/shoulder belt must have either an emergency locking retractor or an automatic locking retractor. Standard No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. This standard applies to all seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Thus, if seat belts are voluntarily installed at the seats in the trailer portion of the response units, the seat belts would be required to comply with Standard No. 209. Standard No. 210 establishes strength and location requirements for seat belt anchorages installed in vehicles, where seat belts are required by Standard No. 208. Therefore, anchorages are required for the lap belts in the tractor, but are not required in the trailer. Although all of the safety standards cited in this letter do not apply to each seating position in your proposed emergency response unit, the agency nevertheless encourages additional consideration and application of those performance requirements that a re appropriate to a safe design. 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. |
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ID: nht94-7.37OpenDATE: March 17, 1994 FROM: John Womack -- Acting Chief Counsel, NHTSA TO: Carl Haywood -- Operations Manager, Emergency Response Specialists (Morris, Alabama) TITLE: None ATTACHMT: Attached to letter dated 12/21/93 from Carl Haywood to John Womack TEXT: This responds to your letter of December 21, 1993, requesting information about seating requirements for emergency response units you are designing to respond to chemical spills. The response units are tractor trailer combinations which can be driven in and out of the cargo bay of C-130 Hercules aircraft which are used to transport the units to the site. You further describe the response units as follows: Our response units are designed to transport all six (6) of our response team members, for over the highway transportation three (3) of our team members will ride in the tractor and the remaining three (3) will ride in the trailer. During air transportation all six (6) team members will ride in the trailer. By providing seating with lap and shoulder restraints in the response unit for both ground and air transportation we eliminate the need for special crew cabins for air transportation, and extra vehicles for ground transportation. This conserves the limited space available on the C-130 allowing us to carry all the equipment needed to respond effectively to large scale chemical releases. You requested information on the regulation of the seating in the response units. You have already contacted several Department of Transportation agencies, including the Federal Aviation Administration. I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. The Safety Act defines the term "motor vehicle" as follows: any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails. If a vehicle is a "motor vehicle" under the definition, then the vehicle must comply with all applicable safety standards, including those related to seating and occupant restraint. However, if a vehicle is not a motor vehicle under this definition, then the vehicle need not comply with the agency's safety standards because such a vehicle is outside the agency's scope of authority. Applying this definition to the response units, NHTSA believes the response units are motor vehicles within the meaning of the Safety Act. In determining whether a vehicle which has both on-road and off-road uses is a motor vehicle, the agency looks at whether the vehicle uses public roads on a necessary and recurring basis. Applying this criteria to the response units, we believe that the response units have a primary function of highway transportation of personnel and equipment to the chemical spill site. NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to determine the occupant seating requirements for the response units, it is necessary to determine how these vehicles are classified under our regulations. NHTSA he fines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment." The tractor portion of the response unit has seating capacity for at least three passengers, but its primary use appears to be to draw the trailer. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations. NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." NHTSA believes the trailer portion of the response units would be considered trailers for the purpose of Federal regulations. NHTSA has exercised its authority under the Safety Act to issue four safety standards relevant to occupant seating and restraint: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages. Standard No. 207 establishes strength and other performance requirements for all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facing seats. Therefore, all "occupant seats" in tractor portion of the response units must meet the requirements of Standard No. 207. Standard No. 207 does not apply to trailers, therefore, the seats in the trailer portion of the response units are not subject to the requirements of Standard No. 207. Standard No. 208 specifies occupant protection requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds. As explained below, trucks are required to have, at a minimum, a lap belt at every designated seating position. As with Standard No. 207, Standard No. 208 does not apply to trailers. Therefore, the seats in the trailer portion of the response units are not required to have any type of safety belt at any seating position. The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Vehicle manufacturers have a choice of two options for providing occupant crash protection in trucks manufactured on or after September 1, 1990. Option 1 requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seateral Motor Vehicle Safety Standard No. 108 or a matter concerning the preemption of State statutes by Standard No. 108. Under the statutes and regulations we administer, the applicable law is 15 U.S.C. Section 1397 (a)(2)(A) . This Section states in pertinent part: "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 or motor d applies to all seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Thus, if seat belts are voluntarily installed at the seats in the trailer portion of the response units, the seat belts would be required to comply with Standard No. 209. Standard No. 210 establishes strength and location requirements for seat belt anchorages installed in vehicles, where seat belts are required by Standard No. 208. Therefore, anchorages are required for the lap belts in the tractor, but are not required in the trailer. Although all of the safety standards cited in this letter do not apply to each seating position in your proposed emergency response unit, the agency nevertheless encourages additional consideration and application of those performance requirements that are appropriate to a safe design. 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. |
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ID: 9508Open Mr. Carl Haywood Dear Mr. Haywood: This responds to your letter of December 21, 1993, requesting information about seating requirements for emergency response units you are designing to respond to chemical spills. The response units are tractor trailer combinations which can be driven in and out of the cargo bay of C-130 Hercules aircraft which are used to transport the units to the site. You further describe the response units as follows: Our response units are designed to transport all six (6) of our response team members, for over the highway transportation three (3) of our team members will ride in the tractor and the remaining three (3) will ride in the trailer. During air transportation all six (6) team members will ride in the trailer. By providing seating with lap and shoulder restraints in the response unit for both ground and air transportation we eliminate the need for special crew cabins for air transportation, and extra vehicles for ground transportation. This conserves the limited space available on the C-130 allowing us to carry all the equipment needed to respond effectively to large scale chemical releases. You requested information on the regulation of the seating in the response units. You have already contacted several Department of Transportation agencies, including the Federal Aviation Administration. I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. The Safety Act defines the term "motor vehicle" as follows: any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails. If a vehicle is a "motor vehicle" under the definition, then the vehicle must comply will all applicable safety standards, including those related to seating and occupant restraint. However, if a vehicle is not a motor vehicle under this definition, then the vehicle need not comply with the agency's safety standards because such a vehicle is outside the agency's scope of authority. Applying this definition to the response units, NHTSA believes the response units are motor vehicles within the meaning of the Safety Act. In determining whether a vehicle which has both on-road and off-road uses is a motor vehicle, the agency looks at whether the vehicle uses public roads on a necessary and recurring basis. Applying this criteria to the response units, we believe that the response units have a primary function of highway transportation of personnel and equipment to the chemical spill site. NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to determine the occupant seating requirements for the response units, it is necessary to determine how these vehicles are classified under our regulations. NHTSA defines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment." The tractor portion of the response unit has seating capacity for at least three passengers, but its primary use appears to be to draw the trailer. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations. NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." NHTSA believes the trailer portion of the response units would be considered trailers for the purpose of Federal regulations. NHTSA has exercised its authority under the Safety Act to issue four safety standards relevant to occupant seating and restraint: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages. Standard No. 207 establishes strength and other performance requirements for all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facing seats. Therefore, all "occupant seats" in tractor portion of the response units must meet the requirements of Standard No. 207. Standard No. 207 does not apply to trailers, therefore, the seats in the trailer portion of the response units are not subject to the requirements of Standard No. 207. Standard No. 208 specifies occupant protection requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds. As explained below, trucks are required to have, at a minimum, a lap belt at every designated seating position. As with Standard No. 207, Standard No. 208 does not apply to trailers. Therefore, the seats in the trailer portion of the response units are not required to have any type of safety belt at any seating position. The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Vehicle manufacturers have a choice of two options for providing occupant crash protection in trucks manufactured on or after September 1, 1990. Option 1 requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seating position. If a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of a lap/shoulder belt must have either an emergency locking retractor or an automatic locking retractor. Standard No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. This standard applies to all seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Thus, if seat belts are voluntarily installed at the seats in the trailer portion of the response units, the seat belts would be required to be comply with Standard No. 209. Standard No. 210 establishes strength and location requirements for seat belt anchorages installed in vehicles, where seat belts are required by Standard No. 208. Therefore, anchorages are required for the lap belts in the tractor, but are not required in the trailer. Although all of the safety standards cited in this letter do not apply to each seating position in your proposed emergency response unit, the agency nevertheless encourages additional consideration and application of those performance requirements that are appropriate to a safe design. 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,
John Womack Acting Chief Counsel ref:VSA#207#208#209#210 D:3/17/94 |
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ID: nht93-4.6OpenDATE: May 21, 1993 FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA TO: Duane Bartels -- Commercial Vehicle Inspector III, MN State Patrol TITLE: None ATTACHMT: Attached to letter dated 11-10-92 from Duane Bartels to NHTSA (OCC 8022) TEXT: This responds to your letter requesting information on how the agency's regulations would affect a Minnesota resident wishing to change the seating in passenger vans by removing or modifying seats in the vans. The contemplated changes would reduce the seating in a 12 or 15 passenger van to a maximum of 10 persons. I will give you some background information concerning the relevant rules, and then proceed to answer your four questions. The National Traffic and Motor Vehicle Safety Act ("Safety Act") authorizes the National Highway Traffic Safety Administration ("NHTSA") to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA does not approve motor vehicles or equipment, however. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer of a new motor vehicle or items of equipment is responsible for certifying that its products meet all applicable safety standards. If any party performs conversion operations (i.e., anything other than addition or removal of readily attachable components such as mirrors or tires, or minor finishing operations such as painting, see 49 CFR S567.6) on a certified vehicle before the first sale of the vehicle to a consumer, the party would be an "alterer" under 49 CFR S567.7, and would be required to affix its own label identifying itself and certifying that the altered vehicle continues to conform to all applicable Federal motor vehicle safety standards affected by the alteration. If alterations are made to a vehicle after its first sale to a consumer, there are no certification requirements. However, under section 108(a)(2)(A) of the Safety Act, manufacturers, distributors, dealers, or motor vehicle repair businesses modifying a used vehicle are prohibited from knowingly rendering inoperative any safety 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. The "render inoperative" provision does not apply to modifications vehicle owners make to their own vehicles. Let me now proceed to answer each of your four questions: 1. BY DOING THIS ALTERING TO SEATS, IS HE DOING ENOUGH WORK TO THE VEHICLE TO QUALIFY UNDER 49 CFR 567.7? If the modifications are carried out prior to a vehicle's first sale to a consumer, the person to whom you refer in your letter would be considered an alterer under 49 CFR S567.7. As discussed above, an alterer would be required to affix its own label identifying itself and certifying that the altered vehicle continues to conform to all applicable Federal motor vehicle safety standards affected by the alteration.
I note that, if alterations change the classification of a vehicle, the alterer must certify that the vehicle meets all Federal safety standards applicable to the new classification. As you noted in your letter, the contemplated alterations, resulting in a change in capacity from either 12 or 15 passengers to a maximum of 10 persons, would change the vehicle's classification from "bus" to "multipurpose passenger vehicle (MPV)," under 49 CFR Part 571.3. The alterer would therefore be required to certify that the altered vehicle meets all Federal safety standards applicable to MPV's. I note that different safety standards apply to MPV's and buses. If the modifications are made to a used vehicle, the person to whom you refer in your letter would not be considered an alterer. However, if the person is a manufacturer, distributor, dealer or motor vehicle repair business, the person would have to take care not to violate to the "render inoperative" provision discussed above. 2. WILL THIS PERSON BECOME A MANUFACTURER AND IF SO, DOES HE NEED TO COMPLY WITH 49 CFR 566.5? Alterers are considered manufacturers under the Safety Act. Since 49 CFR 566.5 sets forth requirements for "each manufacturer of motor vehicles," alterers must file the information required by that section. This information includes the name of the manufacturer, its address, and a brief description of the vehicle or vehicle equipment manufactured. I note that NHTSA has issued several previous interpretation letters addressing the question of whether alterers must file under 49 CFR 566.5, and has taken positions which are difficult to reconcile. In at least one early letter (October 30, 1975 letter to Mr. James E. Harris), the agency indicated that some alterations might be so minor that the alterer might not be considered a manufacturer. In another letter (May 12, 1976, addressed to Mr. Mike Watson), the agency stated that a person who alters completed vehicles but "does not otherwise manufacture" vehicles or equipment is not required to file under section 566.5. In still other letters (see, e.g., April 4, 1973 letter to Mr. Warren Morris and July 5, 1985 letter to Houston N. Tuel, Jr., Esq.), NHTSA stated that alterations which change vehicle category are sufficient to require the person making the alterations to file under 566.5. After reviewing 49 CFR 566.5 in light of these earlier letters, we have concluded that alterers (persons required to attach a label under 49 CFR Part 567.7) are subject to the filing requirements of section 566.5. First, there is nothing in Part 566 which indicates that alterers are excluded from the filing requirements. Second, application of the filing requirements to alterers is consistent with one of the stated purposes of Part 566, facilitating the regulation of manufacturers under the Safety Act. As indicated above, section 567.7 requires an alterer to affix a label identifying itself and certifying that the altered vehicle continues to conform to all applicable Federal motor vehicle safety standards affected by the alteration. If the agency believes that there may be a safety problem with work that has been performed by an alterer, the information submitted under Part 566 makes it easier to find and contact the alterer. I note that the burden on manufacturers (including alterers) complying with section 566.6 is minimal. 3. CAN HE PURCHASE A NEW VEHICLE, DO THE ALTERING AND RESELL THE VEHICLE OR MUST AN OWNER BRING THE VEHICLE TO HIM AND HAVE THE ALTERING DONE? Modifications can be carried out both on new vehicles (prior to first sale to a consumer) and on used vehicles. As discussed above, however, different requirements apply to these two situations. 4. CAN THIS ALTERING AND RECERTIFYING BE DONE ONLY TO A NEW VEHICLE OR CAN THIS BE DONE TO A USED VEHICLE? As discussed above, while modifications can be carried out both on new vehicles and on used vehicles, the certification requirements only apply to persons making modifications to new vehicles. Thus, a "certification" of a used vehicle would not have any legal significance under the Safety Act. I note that your letter states that one of the ways the person may modify seats is to do upholstery work to reduce the number of people that can sit in a seat. However, modifications to seat upholstery will not result in reduced designated seating capacity unless the modified design is such that the extra area CANNOT be used for seating. I have enclosed two letters to Nissan, dated 8/15/79 and 10/1/79, which explain our position in greater detail. I hope this information is helpful to you. If you have any further questions or need some additional information, please feel free to contact David Elias of my staff at this address or by telephone at (202) 366-2992. |
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ID: nht87-2.47OpenTYPE: INTERPRETATION-NHTSA DATE: 07/13/87 FROM: AUTHOR UNAVAILABLE; SIGNATURE UNAVAILABLE; NHTSA TO: Mr. Yueh-An Chen TITLE: FMVSS INTERPRETATION TEXT: Mr. Yueh-An Chen Division Head Planning Division Yue Loong Motor Engineering Center P.O. Box 510 Taoyuan, Taiwan Republic of China Dear Mr. Chen: This is in reply to your letter of June 5, 1987, asking whether certain rear lighting arrangements are acceptable under Federal Motor Vehicle Safety Standard No. 108. You have submitted a diagram showing four lamps on either side of the vertical centerline of the rear of the car. The most inboard lamps, denoted "R", are the backup lamp system. Yue Loong contemplates four different functions for the remaining three sys tems of lamps, "A", "B", "C", and "D", "E", "F" (inboard to outboard) and asks about acceptability. 1. In the first system, ABC or DEF will serve the respective turn signal functions. All lamps would serve as hazard warning signal lamps and stop lamps. Standard No. 108 generally does not prohibit lamp clusters from performing multiple functions. This s ystem is permissible as long as ABC and DEF meet all Standard No. 108's requirements for turn, hazard warning, and stop signals when tested in those modes. Your diagram, however, does not indicate which, if any, of these lamps provide the taillamp functi on that Standard No. 108 also requires for the rear of motor vehicles. Therefore, lamps ABC and DEF would have to meet the taillamp requirements as well. 2. The second system differs from the first in that the hazard warning system would not operate through all six lamps of the turn signal system, but only through the two most outboard lamps. This system is permissible, as Standard No. 108 does nor mandat e use of all turn signal lamps for the hazard warning signal mode, requiring only "at least one" on each side of the vehicle, front and rear. 3. The third system differs from the second in that the two most outboard lamps would no longer be part of the stop lamp system. We view this arrangement as permissible. Standard No. 108 requires that stop lamps, turn signal lamps, and taillamps be locat ed "as far apart as practicable". In a literal sense this would appear to require stacking the lamps vertically at the outboard edges of the vehicle, but NHTSA has not adopted a design-restrictive interpretation of this requirement. The determination of practicability is initially that of the manufacturer, but it is subject to review and comment by this agency in instances where such a determination appears clearly erroneous. Where the turn signal system (or part of it) is located at the outboard edges of the vehicle, and the stop lamps and taillamps are adjacent to it, or to each other, we view the "practicability" requirement as met. 4. The fourth system differs from the third in that the stop lamp system would be either that of the systems discussed in items 2 and 3 above, and operating according to Section 3 of your letter. Either system would be acceptable, subject to the operatio nal restriction with turn signal lamps that I shall discuss in my response to Section 3. Next, you have presented four kinds of flashing arrangements for the turn signal lamps. You ask (a) which could meet Standard No. 108, and (b) which could meet Standard No. 108 assuming a flash cycle of 1-4 seconds. With respect to (a), all four would ap pear to be acceptable. The standard allows multiple turn signal lamps either to flash simultaneously, or sequentially in the direction of the turn. With respect to (b), Standard No. 108 specifies that a turn signal flasher provide not less than 60 and no t more than 120 cycles per minute. This translates to not less than 1 and not more than 2 cycles per second. This requirement would have to be met by all lamps in arrangement i.e. where all lamps operate simultaneously. When operating sequentially, each lamp individually would be subject to the restrictions with the result that the inclusive cycle for a three lamp system would be not less than 3 seconds and not more than 6 seconds. Therefore, arrangements (a), (b), and (c) would meet this requirement as suming a flash cycle of 4 seconds, but arrangement (d) would not, being restricted to a cycle of 2 seconds maximum. In your third question, or Section 3 as you term it, you have combined the conditions of your first two questions and attached a table of "detailed operating states" of the rear lamps, which incorporates three attached figures, with the question whether it would comply with Standard No. 108. Two of the Operating States illustrated denote the stop lamp "on" and, individually, the right or left turn signal as "on". Standard No. 108 does not allow simultaneous activation of the stop lamp and turn signal la mp when the stop signal is optically combined with the turn signal, In that event, the circuit must be such that the stop signal cannot be turned on in the turn signal which is flashing (paragraph 4.2, SAE Standard J586c Stop Lamps, August 1970, incorpor ated by reference in Standard No. 108). Our other comment concerns "Fig. a", "Fig. b", and "Fig. c" depicting flash cycles of the turn signal lamp;. As we noted earlier, the individual lamps are subject to the cycle minima and maxima of 1 to 2 cycles per second, and none of the rates depicted in the three Figures appears to meet the minimum requirement of 1 second. Otherwise, the "Operating State" table appears acceptable. I hope that this answers your questions.
Sincerely, Erika Z. Jones Chief Counsel June 5, 1987 Ms. Erika Z. Jones Chief Counsel U.S. Department of Transportation National Highway Traffic Safety Administration 400 Seventh St., S.W. Washington, D.C. 20590 Dear Mr. Jones, On Jan. 23, 1986 we consulted NHTSA about the problems of headlamps systems, and received your reply letter of May. 8, 1986. The information was very useful to us, thank you again for your kind assistance. Now, we still have some questions about the turn signal lamps and other rear lamps, will you please kindly give us your suggestions as soon as possible? The feature of rear lamps of the vehicle is shown as fig. 1. In the following conditions, which could meet the requirements of the FMVSS No. 108 and other related U.S.A. regulations? 1. As shown in Fig. 1, "R", is the backup lamp, and the lighting function of the other lamps "A", "B", "C", "D", "E", "F" are shown as Table 1. In the four cases, which could meet the requirements of U.S.A. regulations? 2. As shown in Fig. 2, there are four kinds of flashing arrangements for the turn signal lamps "ABC" (LH) & "DEF" (RH). a. Which could meet the requirements of U.S.A. regulations? b. If the period of flashing (t) 1 cycle = 1 - 4 sec. which could meet the requirements of U.S.A. regulations? 3. Combining the conditions of section 1, 2, we set a detailed operating state of the rear lamps as shown in Table 2. Could it meet the requirements of U.S.A. regulations? Your kind assistance and earlier reply will be highly appreciated. Sincerely yours, Yueh-An Chen Division Head Planning Division SEE HARD COPY FOR GRAPHIC INFORMATION |
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ID: nht71-5.24OpenDATE: 12/15/71 FROM: AUTHOR UNAVAILABLE; E. T. Driver; NHTSA TO: Mobilefreeze Co., Inc. TITLE: FMVSS INTERPRETATION TEXT: This is in reply to your letter of September 7, 1971, to Mr. Stan Haransky, Truck Body and Equipment Association, Inc., concerning the mounting height of lamps and reflectors on your motor-cycle trailers. A copy of Federal Motor Vehicle Safety Standard No. 108, "Lamps, Reflective Devices and Associated Equipment" is enclosed for your information. The minimum mounting height for lamps and reflectors listed in Table IV of this Standard is 15 inches. We do not have the authority to exempt any motor vehicles from meeting these requirements. Enc. |
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ID: 77-3.46OpenTYPE: INTERPRETATION-NHTSA DATE: 08/04/77 FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA TO: Humanoid Systems TITLE: FMVSR INTERPRETATION TEXT: This responds to your June 3, 1977, request for confirmation that @ 572.7(b) of Part 572, Anthropomorphic Test Dummy (49 CFR 572), specifies a minimum time period during which the pendulum used in testing may not reverse direction rather than an exact time. Your interpretation is correct. The specification that the pendulum "shall not reverse direction until T=123 ms" means that reverse travel must not occur earlier than 123 milliseconds after chordal displacement begins. The agency believes that this language can be improved and intends to clarify it at the next opportunity. |
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ID: nht74-1.28OpenDATE: 07/15/74 FROM: C. BAKER FOR E. T. DRIVER -- NHTSA TO: Stanley Electric Co., Ltd. COPYEE: L. C. OWEN TITLE: FMVSS INTERPRETATION TEXT: This is in reply to your letter of June 27 concerning the location of motorcycle turn signal lamps relative to a combination stop lamp and reflex reflector. The minimum edge to edge separation distance specified in Table IV of FMVSS No. 108 for motorcycle turn signal lamps is to be measured from the edge of the illuminated surface of both lamps. The answer to your question 2 is therefore applicable, "2. edge to edge of tail and stop lamp so drawn in sketch C?" |
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ID: nht93-4.48OpenDATE: June 25, 1993 FROM: Kenneth P. Simons -- Lawyer TO: Department of Transportation -- Trucking Division TITLE: None ATTACHMT: Attached to letter dated 4/25/94 from John Womack to Ken Simons (A42; Std. 121) TEXT: I would like an answer or information as to whether or not over the road trailers (as in tractor trailer) of recent manufacture are required to be equipped with "maxi" brakes on one or both axles. The "maxi" brake I am referring to is found on all road tractors and sets the brakes automatically when the air pressure gets down to a minimum level. Thank you for you anticipated cooperation. |
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.