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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



Displaying 1761 - 1770 of 16517
Interpretations Date

ID: 2863o

Open

Jay D. Starling, Manager
Strategic Business Development
ARCO Solar, Inc.
4650 Adohr Lane
P. O. Box 6032
Camarillo, CA 93010

Dear Mr. Starling:

I am writing in response to your letter that requested the National Highway Traffic Safety Administration's (NHTSA) interpretation as to whether the ARCO Solar "G-33 Charge Saver" is an item of "motor vehicle equipment", as defined in Section 102(4) of the National Traffic and Motor Vehicle Safety Act of 1966. I regret the delay in responding to your inquiry.

The product literature you enclosed with your letter describes the "G-33 Charge Saver" as a "12 Volt car battery maintenance system, designed to overcome natural battery self-discharge and drain from constant electrical loads...It is operated by simply placing it in sunlight on the dashboard and plugging it into the car lighter whenever the vehicle is parked." It also claims that the "G-33 Charge Saver" can help to: "Extend Battery Life Prevent Dead Batteries Provide Quick Starts."

Section 102(4) of the National Traffic and Motor Vehicle Safety Act defines, in part, the term "motor vehicle equipment" as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle......(Emphasis added.)

In determining whether an item of equipment is considered an "accessory" the agency has looked at the following two factors: first, whether the item has no ostensible purpose other than use with a motor vehicle and second, whether it is intended to be used principally by ordinary users of motor vehicles.

From the product literature provided, the ARCO Solar "G-33 Charge Saver" is advertised for use with a motor vehicle and appears to be marketed for the ordinary user of motor vehicles, with emphasis on the ease of installation of the charge saver. We would therefore consider your solar powered battery charger to be a vehicle accessory and thus an item of motor vehicle equipment covered by the Vehicle Safety Act.

If the ARCO Solar "G-33 Charge Saver" will be installed in new or used vehicles by a commercial business, Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act could affect your product. That section of the Act requires manufacturers, distributors, dealers and motor vehicle repair businesses to ensure that they do not knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable Federal Motor Vehicle Safety Standard (FMVSS). These businesses could sell your product, but could not install it if the installation would adversely affect the vehicle's compliance with any FMVSS. In the first instance, it would be the responsibility of these entities to determine whether there is any possibility of such an effect.

The prohibitions of Section 108(a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her vehicle. Thus, a vehicle owner would not violate the Act by installing the ARCO Solar "G-33 Charge Saver" even if doing so would adversely affect some safety feature in his or her vehicle.

The Act also requires the recall and remedy of motor vehicles and motor vehicle equipment determined to contain a defect related to motor vehicle safety. If you or NHTSA determine that the ARCO Solar "G-33 Charge Saver" contains such a defect, you must recall and repair or replace the item without charge to the purchaser.

I am enclosing a copy of the Act, and an information sheet describing how you can obtain copies of our motor vehicle safety standards and any other NHTSA regulation. If you have any further questions, please let me know.

Sincerely,

Erika Z. Jones Chief Counsel

ref:VSA#102 d:6/30/88

1988

ID: 2863yy

Open

Mr. Louis F. Wilson
Instant Traffic Lights
2580 W. Venice Boulevard
Los Angeles, CA 90019

Dear Mr. Wilson:

This is in reply to your letter of February 20, 1991, with respect to the acceptability under Federal law of your product, the "Instant Traffic Light. I regret that we do not appear to have a record of your earlier letters to the agency on this subject.

The "Instant Traffic Light" is a four-section unit intended to perform three functions, each indicated by a different color. A green light appears when the accelerator is applied, an amber light when the accelerator is released, and a red light when the brakes are applied. The lamp's shipping carton shows the unit mounted on the rear parcel shelf behind the rear window. The text on the carton says that the lamp is easy to assemble. You have asked whether the product meets Standard No. l08, whether it would be "legal" in the U.S. "and her territories", and whether the product could replace, or be an option to, the requirements of Standard No. 108 for the center high-mounted stop lamp. Finally, of the l6 States that have responded to your inquiry, an equal number (six) have indicated that the lamp is and is not acceptable to them, while the remaining four "said they will follow the Federal requirement."

Standard No. l08 does not permit the center high-mounted stop lamp to be combined with any other lamp. This means that your product could not be used as original equipment on a passenger car, whether as standard equipment or as an option, or marketed and sold as replacement equipment for a center lamp on a passenger car that was originally equipped with it. However, Standard No. l08 does not apply to the "Instant Traffic Light" if it is marketed or sold exclusively for use on passenger cars that were not originally required to be manufactured with the center stop lamp, i.e., those cars that were manufactured before September 1, l985. Under this circumstance, the question of the legality of use of the device is to be determined by the laws of the individual States. The "territories" are "States" for purposes of this discussion. Since there is no legal prohibition under Federal law for installation of your lamp only on older passenger cars, we presume that the four States that reserved their decision would permit it on pre - l985 vehicles registered and/or operating within their borders.

We are aware that, nevertheless, there may be some owner interest in replacing original equipment center stop lamps with your product. We would like to advise that such replacement would be a violation of the National Traffic and Motor Vehicle Safety Act, if performed by a manufacturer, distributor, dealer, or motor vehicle repair business. There is no such restriction upon a vehicle owner who performs the replacement of the lamp himself.

I hope that this responds to your questions.

Sincerely,

Paul Jackson Rice Chief Counsel

/ref:l08 d:3/8/9l

2009

ID: 2864o

Open

Irving Gingold, Esq.
529 Nassau Road
Roosevelt, NY 11575

Dear Mr. Gingold:

This is in response to your letter of April 27, 1988, asking whether any of the Federal motor vehicle safety standards apply to an airport baggage conveyor. The answer is no.

The National Traffic and Motor Vehicle Safety Act of 1966 ("Safety Act", 15 U.S.C. 1381 et seq.), authorizes this agency to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. Conversely, we have no authority to regulate vehicles that are not "motor vehicles" or equipment that is not "motor vehicle equipment." Section 102(3) of the Safety Act (15 U.S.C. 1391(3)) defines a motor vehicle as

any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

Under this definition, any vehicle intended and sold solely for off-road use is not considered a motor vehicle under the Safety Act, even if it is operationally capable of highway travel. We have long offered "airport runway vehicles" as an example of vehicles that are not motor vehicles, because they are sold solely for off-road use. NHTSA has specifically stated that an airport baggage trailer is not a motor vehicle, in a July 11, 1983 letter to D.F. Landers.

Since the airport baggage conveyor to which you referred in your letter is not a "motor vehicle," none of our safety standards or other regulations would apply to the vehicle. We are not aware of any other Federal agency that has established safety standards applicable to airport baggage conveyors.

Sincerely,

Erika Z. Jones Chief Counsel

ref:VSA#102 d:6/30/88

1988

ID: 2864yy

Open

Ms Anne Lombardi
Acting Director
Office of Passenger
Enforcement and Facilitation
Department of the Treasury
U.S. Customs Service
Washington, D.C. 20229

Dear Ms. Lombardi:

This is in reply to your letter of February 14, l99l, asking for an opinion on kit cars.

Specifically, military and DOD civilian employees stationed on the Philippines

"frequently purchase automobiles which are composites of old chassis and engines, of U.S. manufacture, and new bodies and interiors, fabricated and attached to the chassis by local Filipino car shops. Normally, the chassis and engines were not taken abroad by the importers, but were purchased in the Philippines from other sources. In most cases the chassis are said to have been manufactured prior to January 1, l969."

You have asked which DOT regulations apply to these automobiles, those applicable to the year the chassis was manufactured, or those applicable to the year the body was attached.

This is a question of first impression with us. Under the opinions of this Office relating to the National Traffic and Motor Vehicle Safety Act, if a person meeting the definition of a "manufacturer", "distributor", "dealer", or "motor vehicle repair business" removes a body from the chassis of a motor vehicle and installs a new one, the resulting vehicle must continue to meet the Federal motor vehicle safety standards that were in effect at the time that the vehicle was originally manufactured. If a person other than the above installs the new body, the vehicle is simply a used vehicle to which no Federal motor vehicle safety standards are applicable (but which must meet State standards for vehicle registration). However, these interpretations apply only to modifications that occur within a "State" as defined by the Act. The Philippines is not included in the definition of "State."

Where such modifications have occurred outside a "State", and the modified vehicle is offered for importation into the United States, the vehicle is treated under the importation regulations (49 CFR Part 591) as a used vehicle which must be brought into conformity with Federal safety and bumper standards in effect at the time of its manufacture. We regard the date of manufacture of the original vehicle (i.e., chassis) as the appropriate date, because it may not be feasible to conform the assemblage to vehicle standards in effect at the later date on which the body was manufactured. If the original vehicle were manufactured before January 1, l968 (the effective date of the original safety standards), then no Federal motor vehicle safety standards apply to the vehicle.

I must add an important caveat here. There are two types of Federal motor vehicle safety standards: those that apply to the vehicles as a whole (such as the so-called crash standards), and those that apply to individual equipment items. The equipment standards apply regardless of the date of manufacture of the vehicle. Thus, the tires, brake fluid, brake hoses, glazing, seat belt assemblies, and lamps and reflectors on any modified vehicle imported into the United States must meet the standards in effect at the time the items were manufactured, regardless of whether the modified vehicle must meet the Federal safety standards applicable to vehicles.

I must also add two other caveats. The Imported Vehicle Safety Act of l988, which has been implemented by 49 CFR Parts 591-594, forbids the importation of a vehicle not originally manufactured to conform to the Federal motor vehicle safety standards (e.g., this would apply to an assemblage of a new body placed upon a chassis manufactured on or after January 1, l968) unless this agency has determined that the vehicle is capable of modification to comply with all applicable safety standards. This determination is made pursuant to a petition submitted by a "Registered Importer," who will undertake to conform the vehicle if a favorable determination is made. The second caveat is that the owner can import the vehicle only if (s)he has a contract with a Registered Importer to perform conformance work.

However, there is a limited exception to the two caveats of the preceding paragraph. They do not apply to any vehicle that will be imported into the United States on or before October 31, l992, if its importer owned the vehicle (or had a contract to acquire it) before October 31, l988, was employed outside the United States at all times between those two dates, and had never before imported a nonconforming motor vehicle. Under this exception, the owner may import the vehicle without the necessity of a determination or the intervention of a Registered Importer. (S)he must then bring the vehicle into compliance with all applicable Federal motor vehicle safety and bumper standards, and present evidence of conformance to this agency. Under any circumstances of importation of a noncomplying vehicle to be conformed, its owner must acquire a performance bond to ensure that the work is, in fact, completed.

If you have any further questions, we shall be pleased to answer them.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:VSA#59l d:3/ll/9l

1970

ID: 2865o

Open

Mr. R. H. Madison
12814 Asbury Drive
Ft. Washington, MD 20744

Dear Mr. Madison:

This responds to your March 31, 1988, letter asking for our interpretation of Safety Standard No. 207, Seating Systems, as it applies to a seat installed in a multipurpose passenger vehicle and equipped with a safety belt. You attached a sketch of your seat and asked whether the safety belt assembly is considered to be attached to the seat. You asked this question in order to determine whether the seat would be subject to the specified forces of paragraph S4.2(c) of the standard. The answer is that NHTSA considers the assembly to be attached to the seat.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not grant approval of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable requirements. The following represents our opinion based on our understanding of the facts provided in your letter. In this regard, I want to note that rendering an opinion in this case was complicated by the fact that your sketch does not show the seat structure and its interrelationship with the vehicle structure and belt anchorage.

In your letter, you refer to a vehicle having a "Belt Attachment Frame" made from steel members attached to the vehicle's structure. You said that,

"(r)esting on the Belt Attachment Frame is a plywood deck... The seat cushion rests on but is not otherwise attached to the deck. The seat belt attachments pass through the deck and are secured to the Belt Attachment Frame. Other portions of the seat or its supporting structure might rest on and contact the Belt Attachment Frame and might extend to or beyond it. However, except for the deck, no part of the seat or its structural members would be attached to the Belt Attachment Frame." (Emphasis added.)

The answer to your question depends on whether the Belt Attachment Frame is considered part of the seat. Based on the information you provide, we conclude that the Belt Attachment Frame is part of the seat itself. According to your letter, the deck for the seat cushion is attached to and supported by the Belt Attachment Frame; it appears that the Belt Attachment Frame is a necessary and functional part of the seat structure. Since we interpret the Belt Attachment Frame to be a part of the seat, and since the seat belt assembly loads will be transferred to the Frame in the event of a crash, we consider the seat belt assembly to be attached to the seat, for purposes of testing the seat under S4.2(c) of Standard No. 207.

Please contact my office if you have further questions.

Sincerely,

Erika Z. Jones Chief Counsel

ref:207 d:6/30/88

1988

ID: 2865yy

Open

Mr. Robert H. Jones
President, Triple J Enterprises, Inc.
P.O. Box 6066
Tamuning, Guam 96931

Dear Mr. Jones:

This responds to your letters of December 11, l990, and January 22, l99l, to Clive Van Orden of this agency, enclosing copies of your letters to Representative Blaz, dated July 6 and October 11, 1990, and to our Office of Enforcement dated July 5, l990. You have also enclosed a copy of a letter that Governor Guerrero of the Commonwealth of the Northern Mariana Islands (CNMI) wrote on your behalf on October 11, l990, to Representative Blaz.

Your letter to us of July 5, l990, expresses your understanding that the Federal motor vehicle safety standards (FMVSS) apply in the CNMI, and that you, as an importer, have imported only vehicles that are certified as conforming to the FMVSS; however, certain of your competitors have not. You asked "Will I get compliance enforcement? Or should I join the competition and bring in the vehicles that do not comply?" To similar effect is your letter of the next day to Representative Blaz. Governor Guerrero's letter to Mr. Blaz expresses his opinion that the FMVSS do not apply in the CNMI.

The Governor explains:

By our Covenant with the United States, we were obliged to except [NHTSA believes he means "accept"] federal laws that applied to Guam and the several states as of January 9, 1978. Federal enabling legislation behind the FMVSS has been on the books since l966. The legislation applied to Guam and the states on January 9, 1979 [sic]. It looks like we get the law. But that is not the end of the analysis.

We would accept application of the FMVSS here only if such federal law did not deny us our guaranteed right of local self-government with respect to internal affairs. It is my view that automobile safety is an internal affair. It is the subject for self- government. The Federal Motor Vehicle Safety Standards do not apply in the CNMI. These federal safety standards are imposed on the states by virtue of the Commerce clause of the Federal Constitution. The federal Commerce clause does not apply in the CNMI; it cannot carry the FMVSS into our islands.

[I]t is our position that the FMVSS does [sic] apply here and will not be enforced by my Administration.

We cannot agree with the Governor's conclusion. The National Traffic and Motor Vehicle Safety Act of l966 (l5 U.S.C. 1381 et seq.), does apply in the CNMI, as do all regulations such as the FMVSS that are issued under the authority of that law.

The Governor believes that "automobile safety is an internal affair". For the most part we agree, but not with respect to the primacy of the FMVSS. We agree that vehicle registration, taxation, and use of the roads in the CNMI are matters properly under the jurisdiction of the CNMI. Further, the Act permits local jurisdictions to enact or continue in effect their own vehicle safety standards provided that they do not differ from the FMVSS (except as may apply to their own official vehicles). The FMVSS are manufacturing standards that apply when the vehicles are built, imported, and sold.

We are sorry that your observance of the law may have put you at a competitive disadvantage. If you have specific information regarding possible violations of the importation provisions of the Act in the CNMI including the names and addresses of specific businesses or individuals, please communicate that information to Mr. Van Orden. Our sources of information are kept confidential.

Although the FMVSS apply in the CNMI, it is obvious that enforcement of them by this agency is made more difficult by the absence of agency staff in the CNMI. If local government would "move for immediate adoption of those standards ... by local law", then they may be enforced locally. I cannot think of a single one of the FMVSS that would not be of benefit. Although speeds may be low on the roads of the CNMI, many of the FMVSS are intended to provide crash protection at 30 m.p.h. Obviously, FMVSS that pertain to vehicle lighting, windshield wiping and washing, etc. provide protection at any speed.

We appreciate your bringing this matter to our attention.

Sincerely,

Paul Jackson Rice Chief Counsel

cc: Thomas Rabago Highway Safety Coordinator /ref:VSA d:3/ll/9l

1970

ID: 2866o

Open

CERTIFIED MAIL -- RETURN RECEIPT REQUESTED

Mr. Alberto Negro Director Fiat Research & Development -- U.S.A. Branch Parklane Towers West Suite 1210 Dearborn, MI 48126

Dear Mr. Negro:

This responds both to your revised report, dated January 20, 1988, pursuant to 49 C.F.R. Part 585, on behalf of Alfa Lancia Industriale S.p.A. (Alfa Romeo), covering compliance with the automatic restraint "phase-in" requirements during the 1987 production year, and to your February 4, 1988, letter to Stephen Wood, our Assistant Chief Counsel for Rulemaking, seeking an interpretation of Standard No. 208, Occupant Crash Protection (49 CFR 571.208). Specifically, your question concerns whether Fiat may exclude automatic restraint-equipped convertibles from its determinations of annual production for the purpose of calculating the number of passenger cars that must comply with the automatic restraints requirements during the phase-in period.

Alfa Romeo, a subsidiary of Fiat, equipped some of its convertibles with automatic restraints during the 1987 model year, and Fiat counted those convertibles toward satisfying the requirement that 10 percent of 1987 production year cars be equipped with automatic restraints. You stated in your February 4 letter that you need clarification of whether Standard No. 208 permits you to exclude from your annual production calculations those convertibles that were equipped with automatic restraints and that were counted in determining whether the requisite percentage of production complied with the automatic restraint requirements. In other words, you wish to know whether Fiat may "count" Alfa Romeo convertibles equipped with automatic seat belts for the purpose of satisfying the 10% "phase-in" requirement for production year 1987, found at S4.1.3.1.2 of Standard No. 208, while excluding those same convertibles from the annual vehicle production calculations covering the 1987 production year.

The answer to your question is that Standard No. 208 does not allow Fiat to exclude from its annual production calculations any convertibles that comply with the automatic restraint requirements set forth in S4.1.2.1 of the standard. Section S4.1.3.1.2 of Standard No. 208 specifies the amount of passenger cars that must comply with the automatic restraint requirements of S4.1.2.1 shall be not less than 10 percent of either the manufacturer's average annual production between September 1, 1983, and August 31, 1986, or the manufacturer's annual production between September 1, 1985, and August 31, 1986. Under these provisions, Fiat elected to use the average annual production from September 1, 1983, through August 31, 1986, for its 1987 production year report. The reference to production encompasses all passenger cars produced by the manufacturer during the relevant time period. Thus, absent an exception to S4.1.3.1.2, a manufacturer may not exclude any of its cars in determining either average annual production or annual production.

For the period of September 1, 1986, to August 31, 1987, section S4.1.3.1.3 of Standard No. 208 provides a single exception from the requirement to include all of a manufacturer's cars in determining annual production. Under that exception, a manufacturer has the following option in calculating annual production:

A manufacturer may exclude convertibles which do not comply with the requirements of S4.1.2.1, when it is calculating its average annual production under S4.1.3.1.2(a) or its annual production under S4.1.3.1.2(b). (Emphasis added.)

The same single exception is set forth in section S4.1.3.2.3 for the September 1, 1987, to August 31, 1988 production year, and in section S4.1.3.3.3 for the September 1, 1988, to August 31, 1989 production year. This exception expressly permits manufacturers to exclude convertibles that do not comply with S4.1.2.1 from such calculations. However, this language does not permit manufacturers to exclude convertibles that comply with S4.1.2.1 from such calculations.

An old principle of legal interpretation is expressed in the maxim "expressio unius est exclusio alterius"; literally, the expression of one thing is the exclusion of another. Applying this principle to Standard No. 208, one would conclude that since the standard was drafted to provide one means of excluding convertibles from calculations of annual production, the standard does not allow any other means of excluding convertibles from those calculations. In other words, since the standard allows you to exclude convertibles that do not comply with S4.1.2.1 when calculating annual production, the absence of a similar provision for convertibles that comply with S4.1.2.1 means that complying convertibles cannot be excluded.

This interpretation does not raise any questions about the January 20 report's exclusion of all convertibles produced between September 1, 1983, and August 31, 1986, since your letter states that none of those convertibles complied with S4.1.2.1. However, this interpretation does mean that Fiat cannot exclude the 803 Alfa Romeo convertibles it reported as complying with S4.1.2.1 when making its 1988 production year calculations, as required by S4.1.3.2, if Fiat again elects to base its calculations on the average annual production of passenger cars during the preceding three years, as permitted by S4.1.3.2.2(a). Similarly, if Fiat elects to base its calculations on the actual production between September 1, 1987, and August 31, 1988, as permitted by S4.1.3.2.2(b), Fiat cannot exclude convertibles that comply with the requirements of S4.1.2.1.

In this letter, we have assumed that the Alfa Romeo convertibles that are equipped with automatic seat belts are certified as complying with the automatic restraint provisions of S4.1.2.1 of Standard No. 208. If this is not the case, then Fiat may not "count" those vehicles as complying with the automatic restraint phase-in requirements of S4.1.3.1.2 of Standard No. 208. See attached letter dated April 18, 1988 to Mr. Robert Munson of Ford Motor Company. Please notify Mr. George L. Parker, NHTSA's Associate Administrator for Enforcement, within 10 business days of your receipt of this letter, whether the Alfa Romeo automatic seat belts are certified as complying with the automatic restraint requirements of S4.1.2.1 of Standard No. 208.

If you have any further questions or need more information on this subject, please feel free to contact Steve Kratzke of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Erika Z. Jones Chief Counsel

ref:208#585 d:5/4/88

1988

ID: 2866yy

Open

Mr. James W. Lawrence
Manager, Compliance and Technical Legislation
Volvo GM Heavy Truck Corporation
7825 National Service Road
P.O. Box 26115
Greensboro, NC 27402-6115

Dear Mr. Lawrence:

This responds to your letter of June 15, 1990 concerning replacement doors. I apologize for the delay in our response. You quote an April 9, l990 interpretation letter to Mr. Rowghani concerning Standard No. 214, Side Door Strength. You note that the letter states that "there is no requirement that the replacement door restore the vehicle to a condition in which it continues to meet Standard No. 214." You requested a clarification of this statement as you believe that the "render inoperative" provision of Section 108(a)(2)(A) of the Act would require "installation of parts meeting the same performance requirements as OEM parts."

The "render inoperative" provision of section 108(a)(2)(A) would prohibit any manufacturer, dealer, distributor, or repair business from removing and replacing an undamaged side door, unless the vehicle continued to comply with Standard No. 214. However, that section does not require a manufacturer, dealer, distributor, or repair business to return a vehicle to compliance with a standard if it has been "rendered inoperative" by another agent, such as a crash. The sentence you quote begins, "if damage to a vehicle is such that its original door must be replaced." The interpretation was intended to be limited to situations where damage is so extensive that the vehicle would no longer comply with Standard No. 214.

I hope you find this clarification helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel /ref:VSA108, 214 d:3/l3/9l

1970

ID: 2867o

Open

Terry K. Brock, National Sales Manager
Coons Manufacturing Inc.
2300 West Fourth Street/Box 489
Oswego, KS 67356

Dear Mr. Brock:

This is a response to your letter of last year seeking an interpretation of Standard 217, Bus Window Retention and Release (49 CFR 571.217). I apologize for the delay in this response. Specifically, you asked whether the front entrance door of a bus may be considered as an emergency exit under Standard 217. You stated that some of your company's buses have the front entrance door labeled as an emergency exit, and equipped with the emergency release mechanism required by Standard 217. You enclosed an August 28, 1987 letter from the New Jersey Department of Transportation referencing Federal Motor Carrier Safety Regulations that "require...emergency exits (to) comply with" Standard 217. The letter from New Jersey states that a "front entrance door cannot be considered (as an emergency exit) since the intent of the regulations is to provide emergency escape through push out windows and roof escape hatches."

You asked whether we interpret Standard 217 as precluding front entrance doors from also serving as emergency exits. The answer to your question is no. As long as the front door meets all applicable requirements for emergency exits under Standard 217, the door can be considered as an emergency exit. Contrary to the opinion stated in the New Jersey letter, it never has been this agency's position that only push-out window and roof exits may be used to satisfy Standard 217 requirements. (See 37 FR 9394, 9395, May 10, 1972; copy enclosed.)

The question of whether a front entrance door may be a required emergency exit under Standard 217 depends upon (1) the vehicle's gross vehicle weight rating (GVWR); and (2) whether the vehicle is a school bus, or a bus other than a school bus. I will address each of the possibilities separately.

Bus Other Than a School Bus, and With a GVWR of More Than 10,000 Lbs.

A front entrance door can serve as a required emergency exit under Standard 217 in a bus that is not a school bus, and that has a GVWR of more than 10,000 pounds. For such buses, paragraphs S5.2.1 and S5.2.1.1 of Standard 217 generally require the bus to have "side exits and at least one rear exit," or "one side door for each three passenger seating positions." If the bus configuration precludes installing an accessible rear exit, then a manufacturer may install a roof exit under the conditions set out in S5.2.1.

Bus Other Than a School Bus, and With a GVWR of 10,000 Lbs. or Less

A front entrance door can also serve as a required emergency exit for buses other than school buses with a GVWR of 10,000 pounds or less. For these buses, the vehicle must have windows or other emergency exits that meet the requirements set out in paragraphs S5.2.2, or S5.3 through 5.5 of the Standard. If the vehicle's emergency exits are standard, roll-down windows, or the vehicle's entrance and exit doors, then these exits must meet the specifications of S5.2.2(b). Under that provision, the windows and doors must be manually operable, and must open to a position that provides a specified area for getting out. Note that under S5.5.1, these exits do not have to meet Standard 217 marking requirements. The agency has determined that people who are old enough to read instructions generally are familiar with the operation of standard, roll-down windows and doors, and that there is little justification for requiring emergency exit markings for these exits. (40 FR 17266, April 18, 1975.)

If the vehicle's emergency exits are push-out windows or some other emergency exit, then the vehicle must comply with paragraphs S5.3 through S5.5. A manufacturer must label these exits under S5.5 because they are specially-installed emergency exits whose means of operation may not be obvious to the passengers.

School Buses

A front entrance door can not serve as a required emergency exit in a school bus, regardless of the vehicle's weight. Paragraph S5.2.3 of Standard 217 requires all school buses to have either (1) one rear emergency door, or (2) "one emergency door on the vehicle's left side that is in the rear half of the bus passenger compartment and is hinged on its forward side, and one push-out window." A manufacturer who chooses to meet school bus emergency exit requirements under the second option could not use the front entrance door as a required emergency exit under Standard 217, since that door would not be in the rear half of the passenger compartment. However, if a manufacturer chose to install an "additional" emergency exit such as a front entrance door, NHTSA regulations would not prohibit installing this exit. As the agency long has held, any "extra" emergency exit installed in a school bus must comply with Standard 217 provisions applicable to emergency exits in buses other than school buses.

Please understand that this letter addresses only Standard 217, and does not address or interpret any Federal Motor Carrier regulations. If you have any questions about those regulations, you should contact the Federal Highway Administration.

I hope you find this information helpful. If you have further questions, please contact Joan F. Tilghman of my staff, at (202) 366-2992.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure

ref:217 d:6/30/88

1988

ID: 2867yy

Open

The Honorable Bill McCollum
U.S. House of Representatives
1801 Lee Road, Suite 301
Winter Park, FL 32789

Dear Mr. McCollum:

Thank you for your inquiry on behalf of your constituent, Mr. Perry Faulkner. Mr. Faulkner requested a written interpretation about whether casings imported into this country are required to have the "DOT number." A "casing" means a used tire to which additional tread may be attached for the purpose of retreading. As explained more fully below, casings for retreaded passenger car tires must have the DOT symbol, but casings for tires for use on vehicles other than passenger cars (referred to as "truck tires" in this letter) are not required to have the DOT symbol.

At the outset, I note that Mr. Faulkner's letter stated that the "DOT number" on a tire indicates that the Federal excise tax has been paid. That statement is inaccurate. The "DOT number" on a tire only represents the manufacturer's or retreader's certification of compliance with this agency's standards and regulations. If Mr. Faulkner wants further information about Federal excise taxes on tires, he may wish to contact the Internal Revenue Service, since that agency administers the Federal excise taxes.

Mr. Faulkner is mixing two different types of markings when he refers to a "DOT number." The first type of marking is the symbol "DOT." This marking by a tire manufacturer or retreader on a tire is a certification that the tire complies with an applicable Federal motor vehicle safety standard. Federal safety standards applicable to tires include Standard No. 109 for new passenger car tires, Standard No. 117 for retreaded passenger car tires, and Standard No. 119 for new truck tires.

Standard No. 117 (the retreaded passenger car tire safety standard) includes a requirement that all passenger car tire casings to be retreaded must include the symbol "DOT." See S5.2.3(a). Therefore, it is illegal to sell or import into this country any passenger car tire casings that are not marked with the symbol "DOT." However, none of our Federal safety standards set forth requirements for retreaded truck tires. Since there is no standard for retreaded truck tires, there is no requirement that casings for retreaded truck tires be marked with the DOT symbol. I have enclosed a June 18, 1981 letter to Mr. Roy Littlefield that offers a more detailed discussion of this issue.

The second type of marking to which Mr. Faulkner referred was the tire identification number specified in Part 574. This number identifies the manufacturer or retreader of the tire, along with the date of manufacture or retread and other attributes of the tire. A tire identification number is not required on any casing: Standard No. 117 does not require this marking on passenger car casings, and as explained above, there is no Standard for casings for truck tires. Please note, however, that Part 574 requires all finished retreads, including retreaded truck tires, to be marked with the retreader's identification number.

I hope this information is helpful. Please let me know if you have any further questions or need some additional information on this subject.

Sincerely,

Jamie McLaughlin Fish Director, Intergovernmental Affairs

Enclosure Ref: 117#119 d:3/l3/9l

1970

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.

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