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: aiam5034OpenMr. Douglas Berg President Ascend Productions 9823 Lake Avenue Cleveland, Ohio 44102; Mr. Douglas Berg President Ascend Productions 9823 Lake Avenue Cleveland Ohio 44102; "Dear Mr. Berg: This responds to your letter requesting that th National Highway Traffic Safety Administration provide 'recognition and support' for your item of motor vehicle equipment, the 'Hazard Helper Safety Sign.' You explained that this reversible device attaches to the driver's window and displays either a help needed symbol (a stick figure with extended arms and legs) or a hazard alert symbol (a triangle). Your sales literature indicates that the help needed symbol is intended to be displayed in the event of medical emergencies, mechanical breakdown, having a flat tire, or being stuck in snow or being out of fuel. The hazard alert symbol is intended to be displayed for going for gasoline, doing roadside repairs, resting, or awaiting known assistance. As discussed below, this agency does not recognize, support or otherwise endorse particular products. Moreover, based on the information provided with your letter, it appears that your device would not comply with certain provisions of Federal Motor Vehicle Safety Standard No. 125, Warning Devices (49 CFR 571.125, copy enclosed). By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the 'Safety Act') gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 125, Warning Devices. The Safety Act provides that no person shall 'manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States' any new motor vehicle or new item of motor vehicle equipment unless the vehicles or equipment comply with the applicable standard. (See 15 U.S.C 1397(a)(1)(A).) NHTSA has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. Instead, the Safety Act establishes a self- certification process under which each manufacturer is required to certify that each of its products meets all applicable Federal Motor Vehicle Safety Standard. (See 15 U.S.C. 1403.) I am enclosing a general information sheet explaining NHTSA's regulations. Section S3 of Standard No. 125 specifies that the standard 'applies to devices, without self-contained energy sources, that are designed to be carried in motor vehicles, and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle.' (Emphasis added.) Your device has no self-contained energy source, is designed to be carried in motor vehicles, and is not permanently affixed to the vehicle. Another condition set forth in S3 is that the device must be designed to be used to 'warn approaching traffic of a stopped vehicle.' Devices that are not intended to warn approaching traffic of a stopped vehicle, but only to alert passing traffic of the stopped vehicle's need for assistance, are not subject to Standard No. 125. An example of such a device would be a 'HELP' message printed on a folding cardboard sunshade. The 'help needed' portion of your device appears to be designed to function in the same manner as other non-warning devices, i.e., it does not appear to be intended to warn approaching traffic of a stopped vehicle, but to alert passing traffic that the stopped vehicle needs assistance. This portion of the device would therefore not be subject to Standard No. 125. However, the 'hazard alert' portion of your device does appear to be intended to warn approaching traffic of a stopped vehicle, and must therefore comply with all of the requirements of Standard No. 125. From the enclosed copy of the standard you will see that some of the specific requirements with which your device must comply include minimum size, durability, material, container, labeling, configuration, color, reflectivity, luminance, and stability. From the information you provided with your letter, it appears that your device would not comply with several of these requirements. Please be aware that violations of Safety Act provisions are punishable by civil fines of up to $1,000 for each violation of a safety standard. In addition, the Act requires manufacturers to remedy their products if they fail to comply with any applicable safety standards. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw 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: aiam4740OpenTimothy A. Kelly, President Salem Vent International, Inc. P.O. Box 885 Salem, VA 24153; Timothy A. Kelly President Salem Vent International Inc. P.O. Box 885 Salem VA 24153; "Dear Mr. Kelly: This responds to your request for an interpretation o Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus Window Retention and Release as it applies to roof exits. You asked four specific questions which I have addressed below. First, you asked for confirmation that the only specification in Standard No. 217 concerning the size of roof exits is the requirement that the exit be able to accommodate an ellipsoid with a major axis of 20 inches and a minor axis of 13 inches pushed horizontally through the exit opening. Your understanding is not entirely correct. The ellipsoid requirement to which you refer, set forth in S5.4.1 of Standard No. 217, is the only provision in the standard that specifies a minimum size requirement for roof exit openings. Although there is no maximum size limit, you should be aware that S5.2 of Standard No. 217 provides that, in determining the total unobstructed openings for emergency exit provided by a bus, no emergency exit, regardless of its area shall be credited with more than 536 square inches of the total area requirement. Thus, if a roof exit is larger than 536 square inches, only 536 square inches will be counted for the exit in determining whether the bus complies with the unobstructed openings requirement of S5.2 of Standard No. 217. Second, you asked for confirmation that Standard No. 217 does not permit the use of escape hatches or ventilators in the roof of school buses as a substitute for any of the emergency exits required on school buses by S5.2.3 of Standard No. 217. This understanding is correct. Additionally, you should be aware that the agency has a longstanding position that any emergency exits, including any roof exits, installed on a school bus in addition to the emergency exits required by S5.2.3 must conform to the requirements of Standard No. 217 for emergency exits installed on buses other than school buses. See the enclosed July 6, 1979 interpretation to Robert Kurre on this issue. Third, you asked for confirmation that Standard No. 217 permits the use of roof exits as a substitute for the rear exit door on buses other than school buses. This statement is not entirely correct. S5.2.1 of Standard No. 217 requires the use of a rear exit door on all non-school buses with a GVWR of more than 10,000 lbs., except where the configuration of the bus precludes the installation of an accessible rear exit. In that case, S5.2.1 requires the installation of a roof exit in the rear half of the bus in lieu of the rear exit. This substitution of a roof exit for a rear exit door is allowed only where the bus design precludes the use of a rear exit (such as on rear-engine buses). It is not an option allowing the substitution of a roof exit for the rear door in any design. Fourth, you asked whether the addition of more than one roof exit on a non-school bus would allow a manufacturer to delete any other required exits in addition to the rear door. It is possible that increasing the total exit space on the bus by adding roof exits could enable a manufacturer to reduce the number or size of other emergency exits on the bus and still comply with the unobstructed openings requirement of S5.2. You should be aware that exit space provided by roof exits is not counted in determining compliance with the requirement in S5.2 that 40 percent of the total unobstructed openings be located on each side of the bus. Whether this substitution of additional roof exits could be made on any particular non-school bus would depend upon whether the bus complied with the exit space and location requirements of S5.2.1 (if the bus has a GVWR of more than 10,000 pounds) and the applicable requirements of S5.2.2 (if the bus has a GVWR of 10,000 pounds or less). I hope you have found this information helpful. Please do not hesitate to contact David Greenburg of my staff at (202) 366-2992 if you have any further questions or need additional information. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosure"; |
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ID: aiam5014OpenJohn J. Jacoby President Cleartec 1919 Paper Mill Road Huntington Valley, PA 19006-5813; John J. Jacoby President Cleartec 1919 Paper Mill Road Huntington Valley PA 19006-5813; "Dear Mr. Jacoby: I have been asked to respond to your April 6, 199 letter to former Secretary Skinner, because our agency, the National Highway Traffic Safety Administration (NHTSA), is the part of the Department of Transportation that administers the program about which you asked. Specifically, your letter asks whether there are any Federal regulations that affect a new product Cleartec has developed. The product, Clean Sweep Strips, is a transparent material applied to the windshield in a herringbone pattern, in the path of the wipers, to clean the wipers. I am pleased to have this opportunity to explain our regulations to you. By way of background information, 103 of the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1392) authorizes NHTSA to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards. In addition, the Safety Act requires manufacturers to recall and remedy any motor vehicle or item of motor vehicle equipment that contains a safety-related defect. Your letter states that Clean Sweep Strips could be manufactured into new windshields. If a windshield with Clean Sweep Strips were installed as original equipment by a manufacturer of a new motor vehicle, the manufacturer would have to certify that the vehicle, with the Clean Sweep Strips installed, complies with all applicable safety standards. NHTSA has issued two safety standards, compliance with which might be affected by the installation of your Clean Sweep Strips. First, Standard No. 205, Glazing Materials, establishes a number of requirements for light transmittance, abrasion resistance, and optical deviation and visibility distortion for windshields. Second, Standard No. 104, Windshield Wiping and Washing Systems, establishes requirements for a minimum area that must be wiped by the wiping system, and the frequency at which the wiping system must operate. Any manufacturer that installed your product as original equipment on a windshield would have to certify that the windshield continued to comply with Standards No. 205 and 104 with your product installed. After the first sale to a consumer, a vehicle is no longer required by Federal law to conform to all safety standards. However, 108(a)(2)(A) of the Safety Act provides as follows: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard... This provision means that a manufacturer, dealer, distributor, or repair business cannot install your Clean Sweep Strips on any vehicle if such installation results in the vehicle no longer complying with Standard No. 205 or 104. Violations of this 'render inoperative' prohibition are punishable by civil fines of up to $1,000 per violation. I note that the 'render inoperative' prohibition does not affect modifications made by vehicle owners to their own vehicles. Thus, individual vehicle owners may install your Clean Sweep Strips on their own vehicles, even if this installation causes the vehicles to no longer comply with applicable safety standards. Such installations may be regulated, however, by State law. If you are interested in further information on the provisions of State laws, you may wish to contact the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Virginia 22203. Additionally, under the Safety Act, Clean Sweep Strips would be considered an item of motor vehicle equipment. Your company, as a manufacturer of motor vehicle equipment, would be subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety defects. In the event that NHTSA or a product's manufacturer determines that a product that is an item of motor vehicle equipment contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Finally, I have enclosed a general information sheet for new manufacturers which summarizes NHTSA's regulations and explains where to obtain copies of Federal motor vehicle safety standards and other regulations. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam4562OpenErman Jackson, Sales Manager Trailmaster Tanks, Inc. P. O. Box 161759 1121 Cantrell-Sansom Road Fort Worth, TX 76161-1759; Erman Jackson Sales Manager Trailmaster Tanks Inc. P. O. Box 161759 1121 Cantrell-Sansom Road Fort Worth TX 76161-1759; "Dear Mr. Jackson: This is in response to your letter which requeste our interpretation of the applicability of certification requirements to your company. You indicate that you attached a new body to a truck chassis that has been in service for a number of years. Your customer believes that Trailmaster Tanks, Inc., (Trailmaster) should have issued a new final-stage manufacturer certificate at the time of the mounting of the new body. Trailmaster, on the other hand, is of the opinion that the final-stage manufacturer certificate is only issued when the chassis is new. You asked me whether your company was required by Federal law or regulations to certify that the new body on the used truck chassis complies with all applicable safety standards. The answer to your question depends on whether the used chassis consisted of any new components and, if not, whether the used components of the chassis came from different vehicles, as explained below. As a general matter, our safety standards and certification requirements apply to vehicles only before the first sale of the vehicle in good faith for purposes other than resale. Generally speaking, vehicles that are produced from a chassis that has already been sold to the public are not considered new vehicles, and are not subject to our safety standards or certification requirements. However, there is a special provision in our regulations for vehicles that are produced by combining new and used components. This provision is in 49 CFR 571.7(e), which provides: (e) Combining new and used components. When a new cab is used in the assembly of a truck, the truck will be considered newly manufactured for purposes of paragraph (a) of this section, the application of the requirements of this chapter, and the Act, unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components are from the same vehicle. This regulation means that a party attaching a new body to an old chassis is not required to attach a new certification label or make any certification under Federal law if that party simply uses the engine, transmission, and drive axle that are installed on the old chassis at the time the party receives the old chassis. Based on your statement that the truck 'was not modified in any way' at the time the new body was installed on the old chassis, this would appear to be the case in your situation. If this is true, you were not required to make any certification in connection with this vehicle. On the other hand, if you substituted a new engine, transmission, or drive axle in the old chassis when you attached the new body, the vehicle was considered newly manufactured under 571.7(e) and your company was required to certify the vehicle in accordance with Part 567. Similarly, if you substituted used components on the old chassis at the time you attached the new body, the vehicle was considered newly manufactured unless at least two of the three specified components (engine, transmission, and drive axle) were from the same vehicle. It should be noted that, even if the vehicle created when you attached a new body to a used truck chassis did not result in a newly manufactured vehicle pursuant to 49 CFR 571.7(e), your company was still subject to the provisions of section 108(a)(2)(A) of the Safety Act. This section prohibits any manufacturer, distributor, dealer or motor vehicle repair business from 'knowingly rendering inoperative' any equipment or element of design installed on a vehicle in compliance with our safety standards. In other words, no manufacturer, dealer, distributor, or repair business can modify used vehicles by removing or defeating any of the systems or devices that were installed on the vehicle to comply with an applicable safety standard. The modifier in the first instance must determine if the modifications constitute a prohibited 'rendering inoperative' violation. However, the agency can reexamine the modifier's determination in the context of an enforcement proceeding. I believe you can use the information presented in this letter to determine whether or not the vehicle your company made was considered a newly manufactured vehicle, subject to our safety standards and certification regulations. If you have any further questions or need additional information, please feel free to contact us. Sincerely, Erika Z. Jones Chief Counsel"; |
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ID: aiam5309OpenLawrence P. White, Acting Director Bureau of Motor Vehicles Department of Transportation Commonwealth of Pennsylvania Harrisburg, PA 17122; Lawrence P. White Acting Director Bureau of Motor Vehicles Department of Transportation Commonwealth of Pennsylvania Harrisburg PA 17122; "Dear Mr. White: This responds to your letter of December 13, 1993 asking several questions concerning a recent amendment to Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413, November 2, 1992). Your questions and the response to each follows. 1. The effective date - is it the chassis manufacturer's date of completion, the final stage manufacturer's date of completion, or somewhere in between? The effective date for the November 2 final rule is May 2, 1994. Only vehicles manufactured on or after the effective date of an applicable requirement in a Federal motor vehicle safety standard must comply with that requirement. If a vehicle is manufactured in two or more stages, the final stage manufacturer is required to certify that the vehicle complies with 'the standards in effect on the date of manufacture of the incomplete vehicle, the date of final completion, or a date between those two dates.' (49 CFR Part 568.6). 2. Based on the formula for emergency exit space, is the area of the front service door to be included? Does this mean on a vehicle of 60 to 77 passengers, the only additional requirements beyond the front and rear doors is a left side exit door? The November 2 final rule requires additional emergency exit area (AEEA) for some buses. The amount, if any, of AEEA which must be provided is determined by subtracting the area of the front service door and either the area of the rear emergency door or the area of the side emergency door and the rear push- out window, depending on the configuration of the bus (S5.2.3.1). These are the minimum exits required on all buses. If AEEA is required, the first additional exit which must be installed is a left side emergency door (for a bus with a rear emergency door) or a right side emergency door (for a bus with a left side emergency door and a rear push-out window). The number of exits may vary for buses which carry the same number of passengers, because the amount of area credited for each exit is the area of daylight opening, and because different variations of types of exits are possible. However, in the regulatory evaluation for the final rule, the agency estimated that a bus would not be required to have a roof exit (the second type of additional exit required) unless the capacity was greater than 62 (for a bus with a rear emergency door) or 77 (for a bus with a left side emergency door and a rear push-out window). 3. The 'clear aisle space' required for exit to the proposed side emergency door, according to federal specifications, can be met with a flip-up type seat or a clear opening of 12', as measured from the back of the door forward. Are there any specifications, definitions, or descriptions provided as to what would be considered a 'flip seat'? The November 2 final rule allowed a flip-up seat to be adjacent to a side emergency exit door 'if the seat bottom pivots and automatically assumes and retains a vertical position when not in use, so that no portion of the seat bottom is within' the required 12 inch aisle to the exit (S5.4.2.1(a)(2)(ii)). The agency did not otherwise define a flip-up seat, nor did it include any performance requirements for these seats. 4. Also, there is concern regarding school buses that are equipped with the 'flip seat' by the emergency door opening and the possibility of school children, either intentionally or accidently, unlatching the door latch mechanism. Are the door latch mechanisms to be equipped to help prevent this from occurring? Standard No. 217 includes requirements for the type of motion and force required to release an emergency exit (S5.3.3). One of these requirements is that the motion to release a door must be upward from inside the bus (upward or pull-type for school buses with a gross vehicle weight rating of 4,536 kilograms or less). This is intended to lessen the chance of a door accidently being opened, without unnecessarily making the exit more complicated to open in an emergency. In addition, warning alarms are required for door and window exits to notify the driver that the exit has been opened. I hope you find this information helpful. If you have any other questions, please contact Walter Myers of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam5562OpenDennis T. Snyder, Esquire 7600 Red Road Suite 200 South Miami, FL 33143; Dennis T. Snyder Esquire 7600 Red Road Suite 200 South Miami FL 33143; "Dear Mr. Snyder: This is in response to your letter of May 11, 1995 asking whether a client of yours is a 'final stage manufacturer' within the meaning of the National Traffic and Motor Vehicle Safety Act and implementing regulations on manufacturer identification and vehicle certification found in 49 CFR Parts 566, 567, and 568. You have described this client as being engaged in the manufacture of completed heavy duty dump trucks, vans, and road tractors from used chassis-cabs. The term 'manufacturer' is defined in 49 U.S.C. 30102(a)(5) (formerly section 102(5) of the National Traffic and Motor Vehicle Safety Act) as 'a person- (A) manufacturing or assembling motor vehicles or motor vehicle equipment . . . ' (emphasis added). Based on your description of your client as being engaged in the assembly of completed motor vehicles, it would appear to meet this definition. Because the manufacturer identification requirements of 49 CFR Part 566 apply to 'all manufacturers of motor vehicles,' as stated in section 566.3 of that Part, your client would be required to submit to the National Highway Traffic Safety Administration (NHTSA) the identifying information specified in 49 CFR 566.5. The term 'final stage manufacturer' is defined at 49 CFR 568.3 as 'a person who performs such manufacturing operations on an incomplete vehicle that it becomes a completed vehicle.' An 'incomplete vehicle' is defined in that section as 'an assemblage consisting, at a minimum, of frame and chassis structure, power train, steering system, suspension system, and braking system . . . that requires further manufacturing operations . . . to become a completed vehicle.' The term 'completed vehicle' is in turn defined in section 568.3 as 'a vehicle that requires no further manufacturing operations to perform its intended function . . . .' Based on your description of your client as being engaged in the manufacture of completed heavy duty dump trucks, vans, and road tractors from chassis-cabs, it would qualify as a final stage manufacturer, as that term is defined in section 568.3. Requirements for final stage manufacturers are specified at 49 CFR 568.6. This section provides that a final stage manufacturer shall complete each vehicle 'in such a manner that it conforms to the Federal motor vehicle safety standards in effect on the date of manufacture of the incomplete vehicle, the date of final completion, or a date between those two dates,' and shall affix a label to the vehicle attesting to that conformance in accordance with 49 CFR 567.5, which specifies certification requirements for vehicles manufactured in two or more stages. These certification requirements are in implementation of 49 U.S.C. 30115, which requires the manufacturer of a new motor vehicle to certify to the dealer or distributor at delivery that the vehicle complies with applicable motor vehicle safety standards. NHTSA has long taken the position, however, that a vehicle is used if it is assembled by adding a new body to the chassis of a vehicle previously registered for use on the public roads. As a consequence, your client would not be required to certify the vehicles that it manufactures in this fashion. Your client would nevertheless be subject to 49 U.S.C. 30122(b), which provides that ' a manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle . . . in compliance with an applicable motor vehicle safety standard . . . .' NHTSA has interpreted this provision as requiring any of the specified entities that remove an old body from a vehicle in order to install a new one to ensure that the newly completed vehicle meets the standards that the vehicle was originally required to meet. For example, a vehicle consisting of a body manufactured in 1995 mounted on a used 1989 chassis must meet all standards that applied to 1989 vehicles. Your client would be liable for any violation of this requirement on vehicles that it manufactures, regardless of whether it removed the body from the old vehicle itself, or directed another entity to do so. Additionally, as a vehicle manufacturer, your client would be required under 49 U.S.C. 30118 to furnish owners with notification of, and a remedy for, any safety-related defect or any noncompliance with an applicable Federal motor vehicle safety standard that is found to exist in a vehicle that it assembles. If you have any further questions regarding this matter, feel free to contact Coleman Sachs of my staff at the above address, or by telephone at (202) 366- 5238. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam3171OpenMr. R. M. Premo, Director, Vehicle Safety Activities, Sheller-Globe Corporation, 3555 St. Johns Road, Lima, OH 45804; Mr. R. M. Premo Director Vehicle Safety Activities Sheller-Globe Corporation 3555 St. Johns Road Lima OH 45804; Dear Mr. Premo: This responds to your November 12, 1979, letter asking whether severa joints in your school bus must comply with Standard No. 221, *School Bus Body Joint Strength*. All of the joints concern what you have called maintenance access panels.; As you are aware, the agency has discovered through its complianc testing that most school bus manufacturers have taken advantage of the maintenance access panel exemption from the standard. The result is that many joints in school buses are not as secure as they should be and, during an accident, might result in injury to children being transported in those buses. The agency is very concerned about this practice and is considering methods of limiting the maintenance access panel exemption.; Your letter asks the agency to consider the fact that the panels whos joints you are questioning are plastic and not metal. Therefore, you conclude that the edges are not sharp, and even if the panels come unfastened in an accident, their edges will not be likely to injure the occupants of your buses.; The standard establishes joint strength tests that apply uniformly t all joints regardless of the material used in the panel. While it may be true that plastic panels are less likely to injure occupants of buses when a panel becomes disconnected during an accident, Standard No. 221 addresses other safety areas beyond preventing the sharp edges of panels from cutting occupants. Joint strength is necessary for the vehicle integrity during accidents. This is as important as preventing cutting edges from panels. Accordingly, the agency will continue to subject all joints falling within the parameters of the standard to the requirements of the standard without regard to the material used in a panel.; With respect to the questions posed in your letter, you first as whether the right and left hand windshield pillar covers must comply with the standard. You indicate that a hose runs behind one pillar cover and a cable control runs behind the other. The agency has indicated that the installation of a wire, hose or cable behind a wall does not make that wall a maintenance access panel. Accordingly, the agency concludes that the joints connecting the pillar cover panel are subject to the standard.; Your questions 2, 4, and 5 refer to panels that cover motors which yo indicate must be serviced. The motors include the windshield wiper and heater motors. The agency is unable to determine from your pictures and sketches whether all of the joints surrounding these motors are subject to the standard. The joints connecting panels that *must* be removed for *routine* servicing of a vehicle's motors would not be considered as joints subject to the standard. However, these joints must be the minimum necessary for routine servicing of the motors. In compliance testing your vehicles, the agency will only exempt those joints that are necessary for routine servicing. We will not exempt adjacent panel joints simply because wires run beneath them.; In your third question you describe a dash trim panel that covers wiring harness, some chassis cowl mounting bolts, and an entrance door cable. The agency needs more information to make a formal determination with respect to this panel and its joints. Our inclination based upon the information that you have presented is that these would be joints subject to the standard, because the removal of this panel is not required for routine maintenance.; Your final question asks whether the entrance door control cover mus comply with the standard. You state only that it must be removed to remove the dash trim panel. As we stated in the last paragraph, we believe that the dash trim panel joints may be required to comply with the standard. If this is the case, it may also be necessary for the door control cover joints to comply with the standard. The key factor in determining whether this panel's joints must comply with the requirement is whether the panel must be removed for routine maintenance. You have not proven such a need in your letter, and therefore, the agency cannot give you a determination concerning the need for these joints to comply with the standard.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam5058OpenMr. C. Morris Adams 1201 Rockford Road High Point, NC 27260; Mr. C. Morris Adams 1201 Rockford Road High Point NC 27260; "Dear Mr. Adams: This responds to your FAX of September 24, 1992 requesting a ruling regarding the legality of lap belts at the passenger seats on school buses. As explained below, Federal law has long required lap or lap/shoulder belts to be installed at every passenger seating position on small school buses. Federal law has also long permitted, but not required, lap or lap/shoulder belts to be installed at passenger seating positions on large school buses, provided that those belts do not adversely affect the large school bus's compliance with the applicable safety standards. This is still the agency's position. As you know, in 1977, NHTSA issued Federal Motor Vehicle Safety Standard No. 222, School Bus Passenger Seating and Crash Protection, which established minimum levels of crash protection that must be provided for occupants of all school buses. For large school buses (those with a gross vehicle weight rating GVWR of more than 10,000 pounds), the standard requires occupant protection through a concept called 'compartmentalization' -- strong, well-padded, well- anchored, high-backed, evenly spaced seats. Small school buses (those with a GVWR of 10,000 pounds or less) must provide 'compartmentalization' and be equipped with lap or lap/shoulder belts at all passenger seating positions. The agency believes that safety belts are necessary in addition to 'compartmentalization' in small school buses because of their smaller size and weight, which are closer to that of passenger cars and light trucks. Ever since 1977, NHTSA has indicated that Federal law permits lap or lap/shoulder belts to be installed at the passenger seating positions on large school buses as long as the vehicle would still comply with all applicable safety standards, including Standard No. 222. NHTSA has no information to indicate that installation of seat belts at the passenger seating positions on a large school bus would affect the bus's compliance with any safety standard.The allegations in your FAX that using seat belts in large school buses will result in crash forces producing concentrated loading on the head, instead of being spread evenly over the upper torso as is the case without a seat belt, are nearly identical with the explanations included in a 1985 Transport Canada report on school bus safety. NHTSA carefully evaluated and considered the Canadian report and these explanations in connection with its rulemaking action considering whether to specify requirements for voluntarily installed seat belts on large school buses. 54 FR 11765, March 22, 1989. After fully considering the Canadian report, the agency stated at 54 FR 11770: NHTSA shares commenters' concerns about any implications that safety belts negatively affect the protection provided to passengers on large school buses. However, the agency is not aware of accident data showing an injury caused or made more serious by the presence of safety belts on a school bus. Furthermore, NHTSA cannot conclude from the Canadian report's findings that belts actually degrade the benefits of compartmentalization to the extent that the supplemental restraint system renders inoperative the safety of large school buses, but the possibility exists that the occupant kinematics shown in the Canadian tests could occur. The agency then identified some possible safety benefits that could result from seat belts in large school buses, benefits that were not considered in the Canadian tests. The agency concluded that, 'Although these benefits are not significant enough to justify a Federal requirement for the installation of safety belts on all large school buses, they are enough to provide a basis upon which the agency will decline to prohibit the installation of belts on large school buses.' 54 FR 11765, at 11770, March 22, 1989. I have enclosed a copy of this notice for your information. As you can see, NHTSA has carefully considered the subject raised in your FAX and reviewed all available information in this area. After that review, the agency concluded that there was no justification for changing its longstanding position that persons that wish to do so should be permitted to install seat belts at passenger seating positions in large school buses. Your letter did not provide any data that NHTSA had not already considered. Hence, there is no basis for the agency to change its longstanding position in this area. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam4977OpenMr. Lance Watt Director of Engineering The Flxible Corporation 970 Pittsburgh Drive Delaware, Ohio 43105-2859; Mr. Lance Watt Director of Engineering The Flxible Corporation 970 Pittsburgh Drive Delaware Ohio 43105-2859; "Dear Mr. Watt: This responds to your letter of February 11, l992 asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it relates to several scenarios regarding the wiring and use of optional brake retarder transmissions on city transit buses manufactured by your company. In your current design, the retarder is designed so that it is electrically operated during the initial travel of the service brake pedal. As the service brake pedal is further depressed, the service brakes are activated, and this in turn illuminates the stop lamps. You have enclosed a copy of my letter of September 20. 1990, confirming that this design conforms to Standard No. 108, specifically S5.5.4 which states that 'The stop lamps on each vehicle shall be activated upon application of the service brakes.' Since that time, several additional scenarios have presented themselves. First, some customers have requested that the transmission retarder be activated when the accelerator pedal is released, rather than when the brake pedal is applied. In this configuration, the stop lamps would not be illuminated, 'and therefore, following vehicles may be unaware of this sudden reduction in vehicle speed', unless the service brakes were also applied. However, some customers wishing this option would like to have the stop lamps illuminated by the retarder, that is to say, when the accelerator is released. Second, some customers have also requested a retarder cut-off switch in order to disable the retarder during icy or slippery road conditions. In such a case, the stop lamps would also be activated at the time of accelerator release 'with minimal if any change in vehicle forward speed, and again, potentially with no intent on the part of the driver to use the service brakes.' To date, your company has resisted these requests, but these customers, without a specific NHTSA interpretation on the point, threaten to declare your company a nonresponsive bidder on transit bus procurements. You have asked whether a noncompliance with section S5.5.4 would result 'if the stop lamps were activated without depressing the brake pedal as requested by our customers.' The purpose of the retarder feature is to provide supplemental braking to city transit buses. This braking results in the deceleration of the vehicle. A stop lamp is defined by SAE Standard J1398 MAY85 Stop Lamps for Use on Motor Vehicles 2032 mm or More in Overall Width as one that indicates 'the intention of the operator of a vehicle to stop or diminish speed by braking.' Whenever the brake retarder is activated with the intent of diminishing speed by braking, Standard No. 108 does not require that the stop lamps be activated. The only mandate of the standard (S5.5.4) is that when the service brakes are applied, the stop lamps must be illuminated. Nor does Standard No. 108 prohibit illumination of the stop lamps by release of the accelerator pedal followed by activation of the retarder. This is because the intention of the driver is to diminish speed by the braking action of the retarder. We distinguish this situation from the one in an interpretation provided Larry Snowhite, Esq. on January 25, 1990, in which a device activated the stop lamps whenever the accelerator pedal was released, regardless of the intent of the driver. Activation of the stop lamps initiated by release of the accelerator pedal is permissible only when the intent of the driver is to reduce the speed of the vehicle by an immediate subsequent act of braking, whether that is achieved through his use of the service brake system, use of retarders, or a combination of the two. However, a configuration where the stop lamps operate in the absence of service brake application or activation of a retarder system (as appears to occur when a retarder cut off switch has been activated) would be subject to S5.1.3 of the standard. This prohibits the installation of motor vehicle equipment that impairs the effectiveness of the lighting equipment required by Standard No. 108. In this instance, the retarder cut off feature would permit the stop lamps to send the false signal that the operator intended to stop or reduce vehicle speed when, in fact, there was no intent to do so. I hope that this answers your question. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam4803OpenMr. Danny Pugh Engineering Manager Utilimaster Corporation 65266 State Rd. 19 P.O. Box 585 Wakarusa, IN 46573; Mr. Danny Pugh Engineering Manager Utilimaster Corporation 65266 State Rd. 19 P.O. Box 585 Wakarusa IN 46573; "Dear Mr. Pugh: This responds to your letter seeking an interpretatio of Standard No. 208, Occupant Crash Protection (49 CFR 571.208). More specifically, you asked about the requirements for safety belts at the various seating positions in vehicles with a gross vehicle weight rating under 10,000 pounds that you called 'van conversions.' You first asked whether a 'van conversion' would be classified as a passenger car, truck, or multipurpose passenger vehicle. Vehicles commonly called 'vans' may be classed in four different vehicle categories (set forth at 49 CFR 571.3) for the purposes of our safety standards, depending on the configuration of the particular 'van.' Most cargo vans are classified as 'trucks' under our safety standards, because those vehicles are 'designed primarily for the transportation of property or special purpose equipment.' Most passenger vans are classified as 'multipurpose passenger vehicles,' because they do not meet the definition of a 'truck', but are 'constructed on a truck chassis.' Those vans that have eleven or more designated seating positions are classified as 'buses,' because they are 'designed for carrying more than 10 persons. Finally, one minivan (the Nissan Axxess) was certified by its manufacturer as a 'passenger car,' because it was 'designed for carrying 10 persons or less.' Additionally, the National Traffic and Motor Vehicle Safety Act places the responsibility for classifying a particular vehicle in the first instance on the vehicle's manufacturer. For this reason, NHTSA does not approve or endorse any vehicle classification before the manufacturer itself has classified a particular vehicle. NHTSA may reexamine the manufacturer's classification in the course of any enforcement actions. If you are interested in the appropriate classification for a particular van conversion, we will offer our tentative opinion if you will provide us with detailed information on the van conversion in which you are interested. You next asked on what date safety belts were required in 'van conversions,' what type of safety belts, and at what locations those belts were required. As explained above, we do not class vehicles as 'van conversions' for the purposes of our safety standards. If the vans were classed as passenger cars, passenger cars manufactured on or after January 1, 1968 were required to have lap/shoulder safety belts at the front outboard seating positions and either lap/shoulder or lap-only safety belts at every other seating position in the car. Beginning December 11, 1989, passenger cars were required to have lap/shoulder safety belts at both front and rear outboard seating positions, with either lap/shoulder or lap-only safety belts at every other seating position. Since September l, l989, all passenger cars are required to be equipped with automatic crash protection for outboard front-seat occupants. Multipurpose passenger vehicles and trucks with a gross vehicle weight rating of 10,000 pounds or less manufactured on or after July 1, 1971 were required to have lap/shoulder safety belts at the front outboard seating positions and either lap/shoulder or lap-only safety belts at every other seating position in the vehicle. Beginning September 1, 1991, vans classified as multipurpose passenger vehicles or trucks (other than motor homes) must have lap/shoulder belts at both front and rear outboard seating positions, with either lap or lap/shoulder belts at all other seating positions. Motor homes manufactured on or after September 1, 1991 will continue to be required to have lap/shoulder belts at front outboard seating positions and either lap/shoulder or lap-only safety belts at every other seating position. In addition, effective September l, l99l vans must meet dynamic crash test injury criteria for the front outboard seating positions. If the vans were classed as buses, buses manufactured on or after July 1, 1971 were required to be equipped with either a lap/shoulder or a lap-only safety belt at the driver's seating position. Beginning September 1, 1991, buses with a gross vehicle weight rating of 10,000 pounds or less (except school buses) must be equipped with lap/shoulder belts at all front and rear outboard seating positions and either lap/shoulder or lap-only safety belts at every other seating position. Also, the agency has proposed extending the automatic crash protection requirements mentioned above to these other vehicle classifications. I hope this information is useful. If you have any further questions or need some additional information on this subject, please contact Steve Kratzke of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice 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.