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 |
|---|---|
| search results table | |
ID: aiam3593OpenMr. Shizuo Suzuki, Nissan Motor Co., Ltd., Suite 707, 1919 Pennsylvania Avenue, N.W., Washington, DC 20037; Mr. Shizuo Suzuki Nissan Motor Co. Ltd. Suite 707 1919 Pennsylvania Avenue N.W. Washington DC 20037; Dear Mr. Suzuki: This is to follow-up on your conversation with Stephen Oesch of m staff concerning the armrest requirement of Standard No. 201, *Occupant Protection in Interior Impact*. Your specific question concerned the application of section 5.3.1(c) of the standard to an armrest attached to a door. The inboard side of the armrest consists of two vertical surfaces, an upper one and a lower one. The upper surface extends 3 mm closer to the center of the vehicle than does the lower surface. You stated that the two surfaces when viewed in side elevation, *i.e.*, from the vantage point of the door latch or door hinges, together provide more than 2 inches of vertical height within the pelvic impact area. You also asked if section 5.3.1(c) set any limits on the material used for armrests.; Section 5.3.1(c) of the standard provides that: >>>Along not less than 2 continuous inches of its length, the armres shall, when measured vertically in side elevation, provide at least 2 inches of coverage within the pelvic impact area.<<<; Section 5.3.1(c) does not set any radius of curvature or heigh limitation on armrest surfaces. The only requirement is that the armrest provides at least 2 inches of coverage within the pelvic impact area. Section 5.3.1(c) also does not specify any limits on the materials that may be used in an armrest. Obviously, such surfaces must be designed carefully to ensure that the armrest does not concentrate potentially harmful forces on an occupant striking the armrest.; If you have any further questions please let me know. Sincerely, Frank Berndt, Chief Counsel |
|
ID: aiam1404OpenMr. Rett F. Donnelly, Patrick, Anderson and McDonald, Suite 2310, American National Bank Building, South Bend, IN 46601; Mr. Rett F. Donnelly Patrick Anderson and McDonald Suite 2310 American National Bank Building South Bend IN 46601; Dear Mr. Donnelly: This is in response to your letter of January 30, 1974, requestin information concerning odometer disclosure requirements.; The Federal odometer disclosure regulation requires each transferor o a motor vehicle to furnish to the transferee a written statement signed by the transferor containing the odometer reading at the time of transfer. If the transferor knows the registered mileage to be incorrect, he must include a statement in the disclosure document that the mileage is unknown.; In order for a transferor of a motor vehicle to be subject to th sanctions of the Motor Vehicle Information and Cost Savings Act, the mileage must be incorrectly disclosed with the transferor's knowledge of the inaccuracy.; As you requested, I am enclosing the relevant portions of the Act an the regulation. You also might be interested in the enclosed consumer affairs fact sheet. Responding to your request concerning information that has been provided to the auto industry in general, the National Automobile Dealers Association has been involved in an active campaign to make the auto industry familiar with the Federal odometer requirements. They may be able to provide you with the information you desire.; We would be pleased to answer any further inquiries you may have. Yours truly, Richard B. Dyson, Assistant Chief Counsel |
|
ID: aiam3439OpenMr. Carol Fitzjohn, Quality Control Manager, C.J.B. Industries, Inc.,P. O. Box 779, Chanute, Kansas 66720; Mr. Carol Fitzjohn Quality Control Manager C.J.B. Industries Inc. P. O. Box 779 Chanute Kansas 66720; Dear Mr. Fitzjohn: This responds to your June 2, 1981, letter asking about th requirements for reservoir tanks for air brake systems. In particular, you ask whether section S5.1.2.2 and S5.2.1.3 are the only Federal requirements applicable to the manufacture of the reservoirs.; The two sections that you referenced in your letter are the onl sections specifying requirements for the construction of reservoirs for air brake systems. For additional guidance in the construction of reservoir, you should refer to SAE standard J10b titled 'Automotive and Off Highway Air Brake Reservoir Performance and Identification Requirements.' This standard will provide you with the prevailing industry practice in the construction of reservoirs.; You should be aware that you would be responsible under the Nationa Traffic and Motor Vehicle Safety Act if there were any defect relating to motor vehicle safety in your product.; Sincerely, Frank Berndt, Chief Counsel |
|
ID: aiam4606OpenMr. Rod Willaredt President Diamond Cross Lights P.O. Box 3696 Rapid City, SD 57709; Mr. Rod Willaredt President Diamond Cross Lights P.O. Box 3696 Rapid City SD 57709; Dear Mr. Willaredt: This is in reply to your letter to Taylor Vinson o this Office, received by FAX on May l7, l989. You have developed a 'safety light' that displays right and left turn signals, 'and when the caution light/emergency light appears, the formation of such lights indicate a diamond'. The device appears intended for installation on large trucks or trailers. The turn signal lamps are supplementary to a vehicle's original equipment turn signal lamps. I assume that the caution/emergency lamp to which you refer is what we call a hazard warning signal, sometimes known as a 4-way flasher. You have asked for written approval of this device. This agency has no authority to 'approve' or 'disapprove' any motor vehicle or item of equipment. We can, however, advise as to the relationship of equipment to applicable Federal motor vehicle safety standards. I enclose copies of representative letters covering other auxiliary rear lighting for large trucks, such as wide-turn and U-turn indicators, and their relationship to Motor Vehicle Safety Standard No. l08, the National Traffic and Motor Vehicle Safety Act, and State law. These principles are applicable to your safety light as well. If you have any further questions, we shall be happy to answer them. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosures; |
|
ID: aiam4313OpenMr. Jerry Flynn Tucker, Attorney at Law, P. O. Box 24, Courthouse Square, Ashville, Alabama 35953; Mr. Jerry Flynn Tucker Attorney at Law P. O. Box 24 Courthouse Square Ashville Alabama 35953; Dear Mr. Tucker: Your letter to the Society of Automotive Engineers (SAE) was referre to me for reply. Your letter informs SAE that a second trailer manufacturer, Nix Enterprises, Inc., is using the WMI Code designation SAE assigned to your client, Omni Trailers, Inc. You asked SAE to take whatever action it could to prevent the continued misuse of your client's WMI Code.; Under Federal motor vehicle safety standard 115, 49 CFR 571.115 (Standard 115), a motor vehicle manufacturer must assign a 17-character Vehicle Identification Number (VIN) to each vehicle it manufactures. The first three VIN characters must, among other things, uniquely identify the vehicle manufacturer. Among the primary reasons for the VIN designation are to facilitate vehicle notice and recall campaigns where a vehicle proves to be defective, and to aid persons investigating motor vehicle thefts or accidents.; The National Highway Traffic Safety Administration (NHTSA), an agenc of the United States Department of Transportation, is responsible for motor vehicle safety standards, and contracts with SAE to coordinate the assignment of manufacturer identifiers. Under 49 CFR S565.5(b), *Reporting Requirements*, a manufacturer or its agent must submit its unique identifier to SAE at least 60 days before using its identifier. Apparently, Nix Enterprises failed to follow proper procedures for obtaining the WMI Code designation. NHTSA considers this failure to be the kind of error that can have adverse safety consequences because it could impair both Omni's and Nix's ability to conduct recall campaigns. I shall refer this matter to the NHTSA Office of Enforcement for appropriate action.; Sincerely, Erika Z. Jones, Chief Counsel |
|
ID: aiam1111OpenMr. Wesley L. Barclift, State of Washington, Department of Motor Vehicles, Olympia, WA 98504; Mr. Wesley L. Barclift State of Washington Department of Motor Vehicles Olympia WA 98504; Dear Mr. Barclift: This is in reply to your letter of March 27, 1973, concerning th acceptability of the State of Washington title application form as a means of conforming to the Federal odometer disclosure requirements in new car transactions.; Although we are not anxious to increase the paper work burden in ne car transactions, without good reason, there have been indications of a variety of misleading practices involving new cars and we drafted the requirements to place new car transactions, with one exception, on the same footing as used car transactions. We would therefore urge that a full statement be given to new car purchasers, or at the least, that a statement containing the balance of the information required by section 580.4 be appended to the application form.; The exception is the transfer between dealers of a new car prior to it first sale to a customer. Your letter indicates that you may have overlooked this exception, which is found in section 580.5(b).; Sincerely, Lawrence R. Schneider, Chief Counsel |
|
ID: aiam3086OpenMr. David Gibbard, Vesely Company, 2101 N. Lapeer Road, Lapeer, Michigan 48446; Mr. David Gibbard Vesely Company 2101 N. Lapeer Road Lapeer Michigan 48446; Dear Mr. Gibbard: This is in confirmation of your telephone conversation with Mr Schwartz of my office on August 6, 1979, and the previous telephone conversations between Mr. Schwartz and Mr. Arnold, formerly of your company, and Mr. Erickson of our Office of Rulemaking and Mr. Arnold. It also serves to supplement the letter from Michael Finkelstein, Associate Administrator for Rulemaking, to the president of your company, Mr. McCollough.; Barring an order of the Court of Appeals for the Fourth Circuit, w anticipate no changes in the rule beyond those made in Notice 8. Further, the contract with the Society of Automotive Engineers to act as the NHTSA's agent in distributing manufacturer identifiers, which Mr. Arnold was advised the agency was negotiating, has been entered into. We are therefore able to confirm the answer to your company's remaining questions with certainty. The technical questions you raised will be answered first, as we understand you would prefer to have these answers in writing also.; 1. You have asked whether Vesely can use the first two characters o the sequential number (the 12th and 13th characters of the VIN if one includes the check digit) for internal company purposes as the number of vehicles produced is more than 500, but never exceeds 9,999 of a particular model annually. There is nothing in the standard which precludes utilizing the 12th and 13th characters for internal purposes so long as the agency is advised which characters are to be used and that they are to be disregarded.; 2. You have also advised us that Vesely desires to use severa manufacturer identifier the codes beginning with the letter V. When the NHTSA published its rule establishing the manufacturer identifier system on August, 17, 1978, the Society of Automotive Engineers (SAE) immediately submitted a list of approximately 500 identifiers on behalf of vehicle manufacturers. These identifiers had been previously assigned to manufacturers by the SAE in their role as assigner of world manufacturer identifiers on behalf of the International Standard Organization. Unfortunately, the configuration Vesely proposed was reserved by the SAE at that time.; Because of the substantial experience the SAE has had in this area, th NHTSA has contracted with them to assign the remaining manufacturer identifiers. If you would write to the SAE at the address given below, advising them of the types of vehicles you are now producing or intend to produce, they will assign your manufacturer identifiers at no charge. Please write to:; >>>Society of Automotive Engineers 400 Commonwealth Avenue Warrendale, Pennsylvania 15096 Attention: Leo Ziegler<<< I trust this information answers the questions you have concerning th VIN. Please contact us if you have any further questions.; Sincerely, Frank Berndt, Chief Counsel |
|
ID: aiam4743OpenNormand Laurendeau, Esq. Guy & Gilbert Place Mercantile 770 Sherbrooke Street West Suite 2300 Montreal, Quebec CANADA H3A 1G1; Normand Laurendeau Esq. Guy & Gilbert Place Mercantile 770 Sherbrooke Street West Suite 2300 Montreal Quebec CANADA H3A 1G1; "Dear Mr. Laurendeau: Thank you for your letter on behalf of you client, who distributes auto glass parts in Canada. You had two questions regarding your client's status as an 'intermediate' in the motor vehicle industry. Before I address your specific questions, I believe some background information about this agency may be of assistance to you. The National Highway Traffic Safety Administration (NHTSA) has the authority under the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects. I have enclosed an information sheet which briefly describes each of a manufacturer's responsibilities under the Safety Act. The information sheet also explains how a company offering an item of motor vehicle equipment for importation into the United States must designate an agent within this country for service of process. Your letter describes your client as 'one of the major distributors of auto glass parts in all of Canada.' Your letter states that your client's customers demand that your client 'certifies all glasses shipped with D.O.T. number AS1 or AS2 for domestic and export purposes in all countries.' I will now address the specific questions raised in your letter. Your first question was whether your client, as a distributor of automotive safety glass, needs a D.O.T. number to operate in the United States. The answer to this question depends on what role your client has in the process that results in glazing being sold to the customer. The agency has issued Standard No. 205, Glazing Materials (49 CFR 571.205) which specifies performance requirements for glazing for use in motor vehicles. S6 of Standard No. 205 establishes marking and certification requirements for manufacturers and distributors of glazing materials. The marking and certification requirements differ, depending upon whether your client is a 'prime glazing material manufacturer' or simply a manufacturer or distributor. A 'prime glazing material manufacturer' is defined in S6.1 of Standard No. 205 as 'one who fabricates, laminates, or tempers the glazing material.' If your client performs any of these operations, it must comply with the marking and certification requirements set forth in S6.1 through S6.3 of Standard No. 205. S6.1 requires every prime glazing material manufacturer to mark all glazing materials it manufactures in accordance with American National Standard 'Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways' Z-26.1-1977, January 26, 1977, as supplemented by Z26.1a, July 3, 1980 (hereinafter referred to as 'ANS Z26). S6.2 of Standard No. 205 requires each prime glazing material manufacturer to certify each piece of glazing designed as a component of any specific motor vehicle or camper by adding to the mark required by S6.1 the symbol 'DOT' and a manufacturer's code mark that is assigned by this agency. S6.3 requires each prime glazing manufacturer to certify each piece of glazing designed to be cut into components for use in motor vehicles pursuant to the requirements of section 114 of the Safety Act (15 U.S.C. 1403). Assuming that your client would not be considered a 'prime glazing material manufacturer,' but is simply a distributor, it would not need to be assigned a DOT number pursuant to S6.2 of Standard No. 205. In your letter, however, you incorrectly identified the codes AS1 and AS2 as DOT numbers. Those codes are required on glazing materials by section 6 of ANS Z26. As explained below, your client may be required to add such markings to glazing materials, even if your client is only considered a distributor for the purposes of Standard No. 205. Each manufacturer or distributor who cuts a section of glazing material to which Standard No. 205 applies, for use in a motor vehicle or camper, must comply with the requirements set forth in S6.4 and S6.5 of Standard No. 205. For sections of glazing that are cut by the manufacturer or distributor, the manufacturer or distributor must mark it in accordance with section 6 of ANS Z26 (S6.4) and certify it in accordance with section 114 of the Safety Act (S6.5). Your second question asked about the potential liability of a distributor for the certification of automotive safety glazing for importation into the United States. If your client is required to certify glazing it distributes pursuant to the provisions in either S6.2, S6.3, or S6.5 of Standard No. 205, the failure to so certify would be a violation of the standard. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) 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 motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard ... Thus, if your client is required by Standard No. 205 to certify some glazing it distributes, the failure to make such a certification would be a violation of section 108(a)(1)(A) of the Safety Act. Even if your client is not required to certify the glazing it distributes pursuant to Standard No. 205, section 114 of the Safety Act requires every distributor of motor vehicle equipment (such as glazing) to furnish a certification. Section 114 provides: Every manufacturer or distributor of ... motor vehicle equipment shall furnish to the distributor or dealer at the time of delivery of such ... equipment by such ... distributor the certification that each such ... item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards. In the case of an item of motor vehicle equipment such certification may be in the form of a label or tag on such item or on the outside of a container in which such item is delivered. Section 108(a)(1)(C) of the Safety Act provides that no person shall fail to issue a certificate required by section 114, or issue a certificate to the effect that a motor vehicle or item of motor vehicle equipment conforms to all applicable safety standards, if such person in the exercise of due care has reason to know that such certificate is false or misleading in a material respect. Section 109 of the Safety Act (15 U.S.C. 1398) provides that any violations of section 108 subject the violator to a civil penalty of not to exceed $1,000 for each such violation, up to a maximum penalty of $800,000. I hope this information is helpful. If you have any further questions or need any additional information, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
|
ID: aiam1541OpenMr. A. Deane, Flyer Industries Limited, 6 Otter Street, Winnipeg, Canada R3T OM6; Mr. A. Deane Flyer Industries Limited 6 Otter Street Winnipeg Canada R3T OM6; Dear Mr. Deane: This responds to your June 5, 1974, question whether electric trackles trolley coaches are motor vehicles under the National Traffic and Motor Vehicle Act of 1966, and if so, whether Standard No. 121, *Air brake systems*, or any other special requirements must be met by this type of vehicle. Section 102(3) of the Act defines motor vehicle:; >>>'Motor vehicle' means any vehicle driven or drawn by mechanica power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.<<<; An electric trackless trolley coach is a motor vehicle under thi definition, and Standard No. 121, *Air brake systems*, applies to a coach equipped with an air brake system. No special requirements apply to trackless trolley coaches. Standard No. 121, *Air brake systems*, requires stopping distance performance which must be met by any bus equipped with air brakes, whether or not it is equipped with supplementary dynamic braking means. In evaluating a vehicle's compliance with the stopping distance performance requirements of S5.3 and S5.7.2.3, auxiliary braking devices may be utilized in making the stops provided such devices are engaged by means of the same service brake pedal or parking brake control that operates the air brakes. It should be noted, however, that these stops must be made with the transmission selector control in neutral or the clutch disengaged (S6.1.3).; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
|
ID: aiam5502OpenRobert D. Dods, Staff Assistant Honolulu Office Senator Daniel K. Inouye Room 7325 Prince Kuhio Federal Building 300 Ala Moana Boulevard Honolulu HI 96850-4975; Robert D. Dods Staff Assistant Honolulu Office Senator Daniel K. Inouye Room 7325 Prince Kuhio Federal Building 300 Ala Moana Boulevard Honolulu HI 96850-4975; Dear Mr. Dods: Joseph Cindrich, National Highway Traffic Safet Administration (NHTSA) Regional Administrator, has forwarded for reply your letter to him of January 25, 1995. You asked for verification that the Federal Motor Vehicle Safety Standards apply to the Commonwealth of the Northern Marianas Islands (CNMI), and 'if the office responsible for enforcement would notify the appropriate CNMI officials of the compliance requirements.' The Federal Motor Vehicle Safety Standards clearly apply in the CNMI. In 1994, the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1381 et seq., was recodified as 49 U.S.C. Chapter 301 - Motor Vehicle Safety. As part of the recodification, 'the Northern Mariana Islands' was added to the definition of a 'State' (49 CFR 30102(a)(10)). This means that it is a violation of 49 U.S.C. 30112(a), (cited in the 1987 letter as 15 U.S.C. 1397(a)(1)(A)), to import a vehicle into the CNMI that does not comply with the Safety Standards. The recodification reflected existing law, and the Safety Standards applied long before it occurred. I enclose a copy of a letter that this Office sent to Ellen A. Lockwood, Assistant United States Attorney, Guam, on December 30, 1987, in which we informed her that the Safety Standards applied in the CNMI at that time, even though the regulations of the U.S. Customs Service did not. I find no record of a response from her. Given the geographical proximity of the United States Attorney's office to the CNMI and the fact that NHTSA has no employees west of California, we recommend that apparent violations be reported to that Office. Between the 1987 letter and the recodification of 1994, Congress enacted the Imported Vehicle Safety Compliance Act of 1988 (P.L. 100-562) which revoked the joint NHTSA - U.S. Customs regulatory authority of 15 U.S.C. 1397(b)(3). Pursuant to the 1988 legislation, NHTSA issued its own import regulation, 49 CFR Part 591, which has superseded the previous joint NHTSA-U.S. Customs regulation, 19 CFR 12.80, with respect to the importation of vehicles and equipment subject to the Safety Standards. As the 1987 letter notes, 12.80 did not apply to the CNMI because the CNMI is outside the Customs Territory of the United States. However, Part 591 clearly applies in the CNMI since it implements Chapter 301. Sincerely, Philip R. Recht Chief Counsel Enclosure; |
|
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.