NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
| Interpretations | Date |
|---|---|
ID: aiam3672OpenThe Honorable David L. Boren, United States Senate, Washington, DC 20510; The Honorable David L. Boren United States Senate Washington DC 20510; Dear Senator Boren: This responds to your recent letter requesting information on behalf o one of your constituents, Mr. John H. Kiser. Mr. Kiser is concerned about the growing practice of persons installing privacy glass' or one-way plastic films' on passenger car windows. He believes this is a dangerous practice because it prevents law enforcement officers and other drivers from seeing inside the vehicles. Mr. Kiser thinks there should be Federal laws to prevent such installations in passenger cars.; A Federal regulation already exists which, under certain circumstances precludes the practice referred to by Mr. Kiser. The National Highway Traffic Safety Administration has the authority to govern the manufacture of new motor vehicles and motor vehicle equipment. Pursuant to the National Traffic and Motor Vehicle Safety Act, we have promulgated Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials*, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70 percent in areas requisite for driving visibility, which includes all windows in passenger cars) and abrasion resistance. This specification for light transmittance precludes darkly-tinted windows in new automobiles.; The agency has stated in past interpretations that solar films such a the type referred to in Mr. Kiser's letter are not glazing materials themselves, and would not have to comply with Standard No. 205. However, installation of such films on new motor vehicles would be prohibited if the vehicle glazing no longer complied with the light transmittance or abrasion requirements of the standard. If a vehicle manufacturer or a dealer places the film on glazing in a vehicle prior to sale of the vehicle, that manufacturer or dealer has to certify that the glazing continues to be in compliance with the requirements of Standard No. 205. Section 108(a)(1) prohibits any person from offering for sale or selling any motor vehicle or equipment that fails to comply with applicable safety standards.; After a new vehicle has been sold to the consumer, he may alter hi vehicle as he pleases, so long as he adheres to all State requirements. Under Federal law, the owner could install the tinting film on glazing in his vehicle whether or not such installation adversely affected the light transmittance and abrasion resistance of his vehicle's glazing. It should be noted, however, that section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act provides that no manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard. Render inoperative' means to remove, disconnect or degrade the performance of a system or element of design installed pursuant to the Federal safety standards. Thus, none of those persons may knowingly install a solar film on a vehicle for its owner if that act would render inoperative the light transmittance or abrasion resistance of the vehicle glazing. Whether this would be the case would have to be determined by the person making the installation. Violation of this section can result in Federal civil penalties up to $1,000 for each violation.; The preceding discussion regarding tinting films would be equall applicable to one-way privacy glass,' if such glass did not have a luminous transmittance of at least 70 percent. This means that such glass could not be installed by a dealer on new passenger cars prior to their first sale, nor by the persons mentioned in section 108(a)(2)(A), on used vehicles, to replace complying glazing.; The individual States must govern the operational use of vehicles b their owners since the agency does not have authority in this area. Thus, it would be up to the States to preclude owners from applying films or one-way glass on their own vehicles. Mr. Kiser may wish to contact the National Committee on Uniform Traffic Laws (555 Clark Street, Evanston, Illinois 60204) to find out which States have laws that would preclude owners from placing solar film on their automobile windows.; I am enclosing a copy of Safety Standard No. 205 for Mr. Kiser' information. Please contact Hugh Oates of my staff if you have any further questions (202-426-2992).; Sincerely, Frank Berndt, Chief Counsel |
|
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"; |
|
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"; |
|
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"; |
|
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"; |
|
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"; |
|
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"; |
|
ID: aiam1510OpenMr. J.C. Vecchio,Assistant Counsel,Amerace Corporation,245 Park Avenue,New York, New York 10017; Mr. J.C. Vecchio Assistant Counsel Amerace Corporation 245 Park Avenue New York New York 10017; Dear Mr. Vecchio:#This is in reply to your letter of May 17, 1974, wit questions as to the applicability of the National Traffic and Motor Vehicle Safety Act to your operations, and its relationship to a contract provision requested by General Motors (GM) requiring that you certify compliance of the hoses you deliver to it.#Your primary responsibility under the Act is to manufacture brake hoses that conform to 49 CFR S571.106, Motor Vehicle Safety Standard No. 106. On and after September 1, 1974, pursuant to S5.2, *Labeling*, of that standard, each hydraulic brake hose, end fitting, and assembly shall be marked with 'The symbol DOT, constituting a certification' by the hose manufacturer, fitting manufacturer, and hose assembler that each item 'conforms to all applicable Federal motor vehicle safety standards.' Since the symbol is a permanent mark on the product, certification will be furnished to anyone through whose hands it passes, whether or not it is required by S114 of the Act. In our view, the symbol DOT is also a 'certificate' within the meaning of S108(b) (2) since it is the manufacturer's representation of compliance upon which other persons may rely. The contract language suggested by GM is therefore not something required by the Act.#I note however, that the amendment requested by GM is to take effect July 1, 1974, two months before you are legally required to use the DOT mark. With respect to your obligations in the interim: Under S114 and the certification notice published November 4, 1967, (32 F.R. 15444) an equipment manufacturer must certify conformity to 'dealers' and 'distributors' by a label or tag on the item itself or on the container in which it is shipped. Obviously this includes dealers and distributors to whom you sell directly.#We also consider that the manufacturer of a vehicle, such as GM, into which a hose is incorporated is a distributer of brake hoses to whom S114 certification must be provided. Any further requirements specified by GM in your contract would be, of course, purely a matter of contract law.#Because you are required to manufacture hoses to conform to Standard No. 106 you are legally responsible for any violation directly attributable to the manufacturing process, irrespective of any certification provided GM. The question whether that certification relieves GM of liability cannot be answered in the abstract. As of January 1, 1975, Standard No. 106 will also apply to motor vehicles, and we do not interpret S108(b) (2) in this context as relieving a vehicle manufacturer of his obligation to exercise due care. Certainly, at a minimum, GM would be liable for violations attributable to installation.#You have also asked for guidance on the recall provisions of S111 and the notification provisions of S113. The repurchase provisions of S111 come into effect upon a determination by either NHTSA or a manufacturer that there exists either a safety-related defect or a nonconformance. This section is not enforced directly by NHTSA, but affords redress to distributors and dealers in the event a manufacturer refuses to repurchase substandard vehicles or equipment items. Since a S108(b) (2)certificate covers only compliance and is not a guarantee of freedom from safety-related defects, it cannot have been intended 'to pass the expense of recall from GM' to you when S111 is invoked. The S108(b) (2) certificate was intended only to provide protection to certificate holders from civil penalty liabilities. Liability for expenses under S111 or S113 is a contract matter between GM and you.#As for S113, your understanding of Mr. Vinson's remarks is essentially correct. There is a direct notification obligation under S113(a) only upon manufacturers of vehicles and tires. But a S113(e) proceeding can involve any motor vehicle equipment manufacturer as a party, who could be ordered to proceed with a S113(a) notification campaign upon a finding that a safety-related defect or a noncompliance exists. A brake hose manufacturer upon such a finding would be required to provide notification to aftermarket purchasers. If the component is used as original vehicle equipment the vehicle manufacturer would normally also be a party to a S113(e) proceeding and required to furnish notification to vehicle purchasers.#Sincerely,Lawrence R. Schneider,Chief Counsel; |
|
ID: aiam4986OpenMr. Kevin J. Stoll Technical Advisor Russell Products, Inc. 21419 Protecta Drive Elkhart, IN 46516-9704; Mr. Kevin J. Stoll Technical Advisor Russell Products Inc. 21419 Protecta Drive Elkhart IN 46516-9704; "Dear Mr. Stoll: This responds to your letter of February 27, 1992, t Taylor Vinson of this Office asking several questions relating to center high-mounted stop lamps. Your questions are: '1. Are the LED (light emitting diode) being used for third brake light legal? If so, what are the specifications so that they can be used as a third brake light?' A center high-mounted stop lamp whose illumination is provided by LEDs is legal, provided that the light meets the photometric specifications for such lamp specified in Figure 10 of Motor Vehicle Safety Standard No. 108, and all other requirements. '2. a. Where are the truck manufacturers ie. GM, Ford, Dodge locating the third brake light on pickup trucks? b. What effect will this have on truck cap manufacturers and the dealer responsibility to the consumer? c. Can the dealer wire directly to the existing third brake light harness used to light up the factory third brake light?' With respect to (a), the center lamp may be installed at any point on the rear vertical centerline of pickup trucks. Because this requirement is not effective until September 1, 1993, we have no specific knowledge as to where the manufacturers of pickup trucks will locate the lamps. With respect to (b), NHTSA discussed the relationship of center high-mounted stoplamps to aftermarket slide-in campers or caps in the preamble to the final rule adopting the requirement. I enclose a copy of the rule (56 FR 16015) with our discussion highlighted on pages l6017 and 16018. After reading this material, if you have further questions regarding the effect on truck cap manufacturers and dealers, we shall be pleased to answer them. With respect to (c), we assume that the situation you envision is that a truck cap has been manufactured with a center stop lamp and the dealer is installing the cap on a pickup truck. If the cap is being permanently installed, the dealer may wire the cap's lamp directly to the existing center lamp light harness, as the cap lamp is intended as a surrogate for the original lamp. If the cap is removable, the dealer may also wire in the manner you discuss, provided that when the cap is removed (and the cap lamp disconnected) the original lamp will perform in conformance with Standard No. 108. The specific connections to be made should be done in accordance with the vehicle manufacturer's recommendations. '3. a. We have a customer that would like to mount a flush mounted third brake light in the rear glass window of a truck cap. This window is used also as the rear access door to get to the truck bed from the outside of the truck. b. This would allow the third brake light to be moveable and not stationery. If a consumer would have an object in the bed of the truck with the window in the open position, allowing for the third brake light to be left in an upward position and no longer viewed from the rear. Would this application be approved?' The agency has no authority to approve or disapprove specific designs. We can advise you as to whether designs appear to conform or not to conform with the applicable laws of our agency. Conformance with Standard No. 108 is determined with respect to the vehicle in its normal operating state. With respect to your question, this would be with the pickup cap window in its closed position. Thus, your design does not raise a question of conformance with Standard No. 108. '4. Could you please enter Russell Products, Inc. on your mailing lists for all future updated rulings on third brake lights passed or discussed at all committee meetings?' We do not maintain a mailing list of any sort. However, 'rulings' are not 'passed' at 'committee meetings' but are published in the Federal Register, initially as proposed rules affording a minimum of 45 days in which to comment. After evaluation of comments, a final rule may be published, with an effective date no earlier than 30 days after issuance. We believe it likely that any future proposals and amendments would be publicized, and that you would be likely to hear of them. There are no current plans to amend these requirements. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
|
ID: aiam0642OpenMr. W. G. Milby, Project Engineer, Blue Bird Body Company, Fort Valley, GA 31030; Mr. W. G. Milby Project Engineer Blue Bird Body Company Fort Valley GA 31030; Dear Mr. Milby: This is in response to your letter of February 7, 1972, in which yo discussed some problems that you have encountered with the regulation on vehicles manufactured in two or more stages (49 CFR Part 568), as applied to the school buses of which you are the final-stage manufacturer. Since the receipt of your letter, Mr. Rumph of your company and Mr. Sweet of the Truck Body and Equipment Association met with Mr. Dyson of this office to discuss the issues raised in your letter. Also, on March 8 you sent a sample letter that you proposed to send to your customers.; As we understand the problem from your letter and the subsequen discussion, it is essentially that you are receiving chassis-cowls from school bus buyers, for mounting of your bodies as a final-stage manufacturer, which are inadequate for the purpose according to the gross vehicle and gross axle weight ratings now included with the incomplete vehicles under our multistage vehicle regulations, 49 CFR Part 568. The problem as you describe it appears to have arisen in the negotiation between the school bus buyers and the dealers from whom they bought the incomplete vehicles, in that the dealers sold chassis that were too lightly equipped with tires and axles for the loaded weight implicit in the buyer's specification, under both our certification regulations and accepted industry practice. You state that your company bears the immediate burden of the problem, because you have invested in the production of several dozen bodies whose installation is held up pending resolution of the problem.; From your discussion we assume that all parties are agreed that th bodies that the customers ordered (and you have built) are the ones that are to be used, and that the chassis that have been furnished to you can be economically modified to meet the requirements of our regulations and be safe for their intended use.; With these assumptions, we suggest the following course of action o your part:; 1. Complete each vehicle as planned. 2. Affix a certification label to each vehicle as you normally do stating on the label weight rating figures that will satisfy our regulations (Part 567) and the axle capacity requirements of the vehicle.; 3. Deliver the vehicle, but concurrently send a written statement b certified mail to the vehicle buyer to the effect that the vehicle *must be modified* in order to conform to the GVWR and GAWR figures on the certification label, both for purposes of safety and to conform to Federal regulations. The letter should advise the buyer to take the vehicle to a dealer of the chassis manufacturer for these modifications immediately upon receiving it. The sample letter you sent on March 8 will be satisfactory if you modify the second and third paragraphs to read as follows:; >>>'Federal Regulations 49 CFR Part 567, *Certification*, requires Blu Bird to certify the front and rear gross axle weight rating (GAWR) and the gross vehicle weight rating (GVWR) of completed vehicles, and specifies a minimum GVWR based on seating capacity.; 'Your vehicle may be shipped as it is, however, the values of GAWR an GVWR shown on the certification plate will be contingent on the chassis modifications indicated above. These changes *must*, in the interest of safety, be made before the vehicle is placed into service, and you should take the vehicle to your chassis dealer as soon as you receive it.'<<<; 4. Send copies of each such statement to (a) Office of Standard Enforcement, National Highway Traffic Safety Administration, Washington, D.C. 20590, (b) the manufacturer of the chassis that was delivered to you, and (c) the dealer from whom the buyer ordered the chassis, if any and where known to you.; This procedure is allowed only as to chassis that have already bee received by Blue Bird as of the receipt of this letter, and it should not be viewed as precedent for future action by any other persons. In the future, Blue Bird as the final-stage manufacturer must take responsibility for the vehicle as completed by it, to the extent of its knowledge of relevant facts.; We are pleased to be of assistance. Sincerely, Lawrence R. Schneider, 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.