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 |
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ID: aiam4325OpenMr. R. de Langen, P. O. Box 41028, Craighall, 2024, Republic of South Africa; Mr. R. de Langen P. O. Box 41028 Craighall 2024 Republic of South Africa; Dear Mr. de Langen: This replies to your letter to Wayne Vance of this Department. You hav asked for advice 'on how the existing standards and legislation regarding the color of motor vehicle lights can be amended', as you have developed a new accident reduction device. I regret the delay in this response.; In the United States, Federal Motor Vehicle Safety Standard No. 108 *Lamps, Reflective Devices, and Associated Equipment*, establishes requirements for lighting devices that required as original equipment on motor vehicles, and for those that are intended to replace them. These are basic lighting equipment items such as headlamps, taillamps, and the new center high-mounted stop lamp, to name only a few. The standard does not cover certain types of lamps that are usually provided as optional equipment (e.g., fog lamps) because there is no demonstrated need for them on a universal basis in the United States. If you wish to have your device considered as a mandatory item of motor vehicle equipment, or if you which to change the color of a required lighting item, you may petition the agency for rulemaking to change Standard No. 108. I enclose(sic) a copy of our regulation on petition procedures, 49 CFR Part 552.; Since your letter does not describe your device in any detail, I canno say how the current standard would apply to it. If your particular device is not expressly covered by the standard and if you wish to offer your device as an optional item that a manufacturer could install as original equipment, then your device is subject only to the general requirement in paragraph S4.1.3 of the standard that the installation of the device on a new vehicle not impair the effectiveness of the lighting equipment that the standard requires. Regardless of whether your device is subject to any specific requirements in the standard, its installation on a new or used vehicle must not render inoperative in whole or in part any lighting item installed as original equipment under the standard. S108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act. Further, if you wish to offer the device in the aftermarket and available for both new and used vehicles, it will be subject to the laws of the individual States in which it will be sold and used.; These are the general rule that apply to the situation you outlined i your letter. We would be pleased to answer any further specific questions you may have.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam4630OpenMr. Victor Crisci 70 Lenox Road Wayne, NJ 07470; Mr. Victor Crisci 70 Lenox Road Wayne NJ 07470; "Dear Mr. Crisci: This is in reply to your letter of June 28, l989, t the former Chief Counsel of this agency, Erika Jones. You intend to install a 'safety light flasher' on your motorcycle, and would like to know whether it would conflict with DOT regulations. The Federal motor vehicle safety standards do not apply to vehicles in use, such as your motorcycle. Further, the National Traffic and Motor Vehicle Safety Act does not prohibit you, as the motorcycle's owner, from personally modifying your vehicle as you see fit, even if doing so adversely affects equipment or safety features installed pursuant to a Federal safety standard. (The Act does prohibit motor vehicle manufacturers, distributors, dealers and repair businesses from making such modifications if they render inoperative, wholly or partially, equipment or safety features installed in accordance with a Federal safety standard). However, modifications by an owner to his or her vehicle are subject to regulation under State and local laws applicable to vehicles in use on their roadways. We are unable to advise you whether New Jersey law specifically covers the addition of the safety light flasher. However, under the Vehicle Safety Act, any laws enacted by a state regarding motor vehicle lighting must be identical to Federal standards covering the same aspects of vehicle lighting performance. The applicable Federal regulation, as you realize, is Motor Vehicle Safety Standard No. l08, a copy of which is enclosed as you requested. As you describe the operation of the flasher, if the headlamp is on (in either beam), the flasher will flash the headlamp between upper and lower beams for 2 to 4 seconds, then returns the light to the beam it was in when the flasher was activated. If the headlamp is off, the flasher will turn it on and initiate an identical flash cycle. The sequence is initiated by pushing the horn button. Standard No. 108 would appear to preclude the installation of your device on new motorcycle, i.e., prior to its first sale to a consumer, or on a used motorcycle, if installed by one of the four entities listed above in the second paragraph. Although paragraph S5.5.10(c) of the standard provides that 'headlamps and side marker lamps may be wired to flash for signalling purposes', that section does not apply to motorcycles since they are not equipped with side marker lamps. The applicable provision for motorcycles is paragraph S5.5.10(d). This states that ' a motorcycle headlamp may be wired to allow either its upper beam or its lower beam, but not both, to modulate from a higher intensity to a lower intensity'. Your system, on the other hand, flashes between beams, which is not permissible. Moreover, motorcycle headlamp modulating systems must also comply with the requirements of paragraph S5.6, and there is no indication that your system would do so. Thus, the answer to your question is that your system would conflict with the Federal regulation applicable to motorcycle lighting if installed under the circumstances described in the preceding paragraph. However, there is nothing under Federal law that prohibits you personally from installing the device on your motorcycle. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosures"; |
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ID: aiam1432OpenMr. Grayson Conway, Maruka Machinery Corp. of America, 420 Lexington Avenue, New York, NY 10017; Mr. Grayson Conway Maruka Machinery Corp. of America 420 Lexington Avenue New York NY 10017; Dear Mr. Conway: This is in response to your letter of February 22, 1974, requestin information concerning three-wheel and light duty four-wheel vehicles.; As of January 1, 1974, motor vehicles of 1,000 pounds or less cur weight, other than trailers and motorcycles, became subject to Federal motor vehicle safety standards.; Currently, motorcycles are motor vehicles with motive power having seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground. Any three-wheel vehicles that conform to this definition must meet all standards applicable to motorcycles. Those three-wheel vehicles that differ in some respect from the definition, must satisfy the requirements of either passenger car, truck, or multipurpose passenger vehicle standards, depending upon which are appropriate.; On November 27, 1973, the National Highway Traffic Safet Administration amended 49 CFR 571.3(b), Definitions, of the Federal motor vehicle safety standards, by revising the definition of 'motorcycle' (Notice enclosed). Petitions have been received in response to the final rule and are receiving careful consideration as the agency contemplates a possible further revision of the definition.; With regard to lightweight four-wheel vehicles, as of January 1, 1974 they must comply with all standards applicable to their vehicle type. There is no special category for lightweight four-wheel vehicles.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4260OpenWanda Wahus, Oregon Independent Auto Dealers Association, 2542 19th Street, S.E., Salem, OR 97302; Wanda Wahus Oregon Independent Auto Dealers Association 2542 19th Street S.E. Salem OR 97302; Dear Ms. Wahus: This is in response to your letter of September 16, 1986, to Laurett Carlson in the National Highway Traffic Safety Administration's (NHTSA's) regional office in Seattle, Washington. You asked for the Agency's position concerning automobile dealers who, when issuing an odometer disclosure statement, certify that the mileage is unknown in order to protect themselves against the possibility of future evidence of rollbacks.; Congress found that purchasers rely on mileage as an indicator of th value and condition of vehicles and enacted Title IV of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. S1981 *et seq*. Section 1988(a) of the Act requires the Secretary of Transportation to prescribe rules requiring any transferor to give a written disclosure (1) of the cumulative mileage registered on the odometer or (2) that the actual mileage is unknown, if the odometer reading is know to the transferor to be different from the number of miles the vehicle has actually travelled. To carry out this mandate, Federal regulation 49 C.F.R. Part 580 was promulgated. Furthermore, Section 1988(a) states that no transferor shall violate any rule prescribed under the section or give a false statement to a transferee in making any disclosure required by such rule.; A Senate report interprets Section 1988 as placing duty on auto dealer to alert purchasers of irregularities in odometers when, in the exercise of reasonable care, they would have reason to know the odometer reading is inaccurate. S. Rep. No. 92-413, (92nd Cong., 2nd Sess.), 1972 U.S. Code Cong. & Ad. News 3971- 3972. If a purchaser receives an odometer statement in which his transferor certified that the odometer reading does not reflect the actual mileage and should not be relied upon, that purchaser, when selling the vehicle, should certify the same. However, if a purchaser receives an odometer statement in which his transferor certified that to the best of his knowledge the odometer reading reflects the actual mileage the vehicle has been driven, and he has no reasonable suspicion that the reading is inaccurate, when selling the vehicle, he should not certify that the reading is inaccurate. If transferors certify the reading as inaccurate in the latter situation, it is the position of the National Highway Traffic Safety Administration that they violate the regulations prescribed under Section 1988, 49 C.F.R. S580.4.; The Federal regulations provide for the inclusion of two sets o certifications on odometer disclosure statements. If the dealers truly wish to insulate themselves from liability when they have a reasonable suspicion that the mileage on the odometer has been altered, they *should* certify that the reading is not accurate, and check the third statement in the first set of certifications. However, none of the three statements in the second set covers a situation where a transferor suspects that an odometer reading is inaccurate, but the odometer was not altered, set back or disconnected in his possession. The Agency allows a transferor to check the first statement and cross out the lines which read, 'and I have no knowledge of anyone else doing so' provided that though crossed out it can still be read. Alternatively, we have no objection to a transferor writing and checking a fourth statement which would read:; >>>I hereby certify that the odometer of said vehicle was not altered set back, or disconnected while in my possession.; << |
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ID: aiam1598OpenMr. J. A. Brown, Manager - Engineering Res. & Dev., Dexter Axle Company, Inc., P. O. Box 250, 2030 South Main St., Elkhart, Indiana 46514; Mr. J. A. Brown Manager - Engineering Res. & Dev. Dexter Axle Company Inc. P. O. Box 250 2030 South Main St. Elkhart Indiana 46514; Dear Mr. Brown: This responds to your August 19, 1974, request to be advised of th steps necessary to acquire a manufacturer code number as required by Standards No. 119, *New pneumatic tires for vehicles other than passenger cars*, and No. 120, *Tire selection ad rims for motor vehicles other than passenger cars*.; Standard No. 119 applies to tires only and its is the responsibility o the tire manufacturer to obtain a code number and label it on his products. As a user of tires, you do not have obligations under this standard.; Standard No. 120 is a proposal which applies to rim construction an the selection of the correct rim for the vehicle it equips. As a manufacturer of rims you would have a responsibility to label your products if this proposal becomes an effective regulation. However, we noted in the preamble to that proposal (copy enclosed) that we will not require manufacturer codes until a separate manufacturer code system has been established.; I am also enclosing a copy of the most recent proposal on manufacture codes.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam1062OpenMr. John W. Kourik, Chief Engineer, Automotive Products, Wagner Electric Corp., Wagner Division, 11444 Lackland Road, St. Louis, Missouri 63141; Mr. John W. Kourik Chief Engineer Automotive Products Wagner Electric Corp. Wagner Division 11444 Lackland Road St. Louis Missouri 63141; Dear Mr. Kourik: This is in reply to your letter of February 16, 1973, requesting a interpretation of paragraph S5.4.1 of Federal Motor Vehicle Safety Standard No. 105a.; Answers to your questions are as follows:>>>1. The reservoi configuration in your Sketch No. 1 would meet the requirements of S5.4.1 for compartmentalized reservoirs. We have provided a similar interpretation to General Motors Corporation on this point, which is enclosed for your reference.; 2. Since the configuration of your Sketch No. 1 conforms to S5.4.1, single fluid lever sensing device is acceptable; 3. The configuration shown in your Sketch No. 2 would not comply wit volumetric requirements of S5.4.2 since your 'reserve' fluid volume plus 'protected' fluid compartment 'A' and 'B' volumes would not be equal to the total volume required by S5.4.2. S5.4.2 requires a volume for *each* reservoir equal to the fluid displacement resulting when all wheel cylinders or caliper pistons serviced by the reservoir move from a new lining, fully retracted position (etc) to a fully worn, fully applied position. Thus, if this final condition existed on both subsystems, one subsystem would not have the specified fluid available.; 4. The configuration depicted in your Sketch No. 3 would meet th requirements of S3.4.1 and S5.4.2 as well as S5.3.1(b) assuming the indicator lamp would be activated at or above the 25 percent level of fluid volume.; 5. The configuration shown in your Sketch No. 4 would meet th requirements of S5.4.1 and S5.4.2 as well as the requirements of S5.3.1(b) with the same assumption that the lamp would be activated at or above the 25 percent fluid volume level<<<; Sincerely, E.T. Driver, Director, Office of Operating Systems, Moto Vehicle Programs; |
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ID: aiam5021OpenMr. Hal Balzak 28025 N. Sarabande Lane #1216 Canyon Country, CA 91351; Mr. Hal Balzak 28025 N. Sarabande Lane #1216 Canyon Country CA 91351; "Dear Mr. Balzak: This responds to your letter concerning Federal Moto Vehicle Safety Standard No. 201, Occupant Protection in Interior Impact. I apologize for the delay in our response. You stated that you have received a copy of this standard and would like clarification of two issues. Your questions are addressed below. Your first question asked whether Standard No. 201 applied to passenger cars manufactured between January 1, 1968 and September 1, 1981. The answer to this question is yes, the standard applied to all passenger cars manufactured on or after January 1, 1968. Your second question asked whether Standard No. 201 applies to instrument panels manufactured for replacement of damaged units. The answer to this question is that, by its own terms, Standard No. 201 applies only to new motor vehicles. This means that the standard applies to original equipment components, including instrument panels, but not to replacements for those components. However, you should be aware of an important provision in Federal law. Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)) provides that '(n)o 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 applies to both new and used vehicles. You specifically asked about the replacement of damaged instrument panels. I note that the Safety Act does not require a manufacturer, distributor, dealer or repair business to return a vehicle to compliance with a standard if a device or element of design has been 'rendered inoperative' by another agent, such as a crash. The prohibition of section 108(a)(2)(A) does not apply to individual owners who alter their own vehicles. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, NHTSA encourages vehicle owners not to tamper with the safety equipment installed on their vehicles. I hope this information is helpful. If you have further questions, please feel free to contact Edward Glancy of my staff at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam0223OpenMr. Folke Kohler, Scandex Sakerhetsglas Aktiebolag, Box 218, S-261 22 Landskrona 1, Sweden; Mr. Folke Kohler Scandex Sakerhetsglas Aktiebolag Box 218 S-261 22 Landskrona 1 Sweden; Dear Mr. Kohler: This is in reply to your letter of March 3, 1970 in which you applie to the National Highway Safety Bureau for registration of glazing materials your company intends exporting to the United States for use in motor vehicles.; It is important that you understand that the National Highway Safet Bureau does not approve or certify that glazing materials meet the requirements of the Federal Motor Vehicle Safety Standard applicable thereto (No. 205, copy enclosed). Section 114 of the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1403 (a copy of the Act is also enclosed) requires the manufacturer to certify that his product complies with all applicable U.S. standards. You may certify that your company's glazing materials meet the standard by following the requirements of Section 114 of the Act or by following the certification alternative provided for in S3.4 of Standard No. 205. If you choose to use the alternative method provided for in the Standard you must apply for an approved manufacturer's code mark.; Although the Bureau does not certify glazing material as complying, i does conduct a compliance program to determine if the manufacturer's product does, in fact, comply with the applicable standards. Persons selling non-complying items of motor vehicle equipment are subject to a civil penalty of up to $1,000 per violation (see Sections 108 and 109 of the Act).; In addition, your attention is directed to Section 110(e) of the Ac which requires persons exporting motor vehicles and motor vehicle equipment into the United States to designate an agent for service of process. See Subpart D-Service of Process: Agents, of the General Procedural Rules (copy enclosed).; Sincerely, Lawrence R. Schneider, Chief, Regulations Division |
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ID: aiam5471OpenMs. Melinda Dresser Manager Contracts/Transportation Carlin Manufacturing, Inc. 3714 N. Valentine Fresno, CA 93722; Ms. Melinda Dresser Manager Contracts/Transportation Carlin Manufacturing Inc. 3714 N. Valentine Fresno CA 93722; "Dear Ms. Dresser: We have received your letter of November 28, 1994 asking whether the exterior lighting of six Oscar Mayer 'Wienermobiles' that your company is manufacturing conforms to applicable Federal motor vehicle safety standards. You have enclosed diagrams showing the location of the exterior lighting devices. Under 49 U.S.C. Chapter 301 - Motor Vehicle Safety, the determination of whether a vehicle conforms with all applicable Federal motor vehicle safety standards is that of the manufacturer who, pursuant to 49 U.S.C. 30115, must certify compliance of the vehicle with those standards upon completion of manufacture. NHTSA has no authority to approve or disapprove specific vehicle designs. We do, however, provide interpretations of our standards to manufacturers upon request. The appropriate standard here is Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. Your letter does not state whether Carlin has classified the Wienermobile as a 'passenger car' or as a 'truck'. We believe that the vehicle is a 'truck' within the meaning of 49 CFR 571.3(b) because it appears to be 'designed primarily for the transportation of property or special purpose equipment', rather than for the transportation of passengers, and that its overall width of 94 inches makes it more appropriate for the Wienermobile to meet wide vehicle lighting requirements. Therefore, the Wienermobile must be equipped with the lighting equipment specified in Table I of Standard No. 108, and located as specified in Table II, the requirements for trucks whose overall width is 80 inches or more. This means that they must be equipped with the front and rear clearance and identification lamps that Table I requires for wide trucks, these lamps do not appear on your drawings. In addition, all four-wheeled motor vehicles are required to have hazard warning/turn signal lamps and we don't see these lamps either on the drawings. With respect to front lighting equipment that is depicted, we note that supplementary lighting equipment such as fog lamps and the 'front marker light' are permissible under Standard No. 108 if the manufacturer determines that they do not impair the effectiveness of the lighting equipment required by Standard No. 108, in this instance, the headlamps. In the absence of a clearly erroneous determination, NHTSA will accept the manufacturer's judgment on impairment. Trucks that are subject to Table II need not be equipped with a center high-mounted stop lamp or parking lamps, if that is the purpose of the front marker lamp. We hope that these comments will be helpful. If you have any other questions, please contact Mr. Taylor Vinson of my staff at this address or by phone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel"; |
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ID: aiam0389OpenMr. K. Nakajima, General Manager, Toyota Motor Company, Ltd., Lyndhurst Office Park, 1099 Wall Street, West, Lyndhurst, New Jersey 07071; Mr. K. Nakajima General Manager Toyota Motor Company Ltd. Lyndhurst Office Park 1099 Wall Street West Lyndhurst New Jersey 07071; Dear Mr. Nakajima: This is in reply to your letter of June 9, 1971, regarding th definition of 'curb weight' in Motor Vehicle Safety Standard No. 110.; The air conditioner and the additional weight optional engine are to b included in 'curb weight' if the motor vehicle is equipped with these items. If the motor vehicle is not so equipped, then the items are not to be included in the 'curb weight' or the 'accessory weight'.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.