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: aiam0424OpenMr. Joseph Kennebeck, Volkswagen of America, Inc., Englewood Cliffs, NJ 07632; Mr. Joseph Kennebeck Volkswagen of America Inc. Englewood Cliffs NJ 07632; Dear Mr. Kennebeck: This letter will serve to confirm the interpretation of Standard No 215, Exterior Protection, that we gave you at our meeting of July 19, 1971. As we advised you at that time, the standard does not require the vehicle's bumpers to touch the impact line on the test device. The vehicle must touch the impact ridge, but it is permissible to do so without also touching the impact line.; If you have further questions of interpretation, please advise us. Sincerely, Lawrence R. Schneider, Acting Chief Counsel |
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ID: aiam2419OpenMr. Etsuo Yamazoe, Factory Manager, Nichirin Rubber Industrial Co., Ltd., 1118, Sazuchi, Bessho, Himeji, Japan; Mr. Etsuo Yamazoe Factory Manager Nichirin Rubber Industrial Co. Ltd. 1118 Sazuchi Bessho Himeji Japan; Dear Mr. Yamazoe: #This is in belated response to your May 14, 1976 letter concerning Federal Motor Vehicle Safety Standard No. 106-74, *Brake Hoses*. #The National Highway Traffic Safety Administration (NHTSA) recognizes the designation 'NCRN' as identifying Nichirin Rubber Industrial Co. on all brake hoses and brake hose assemblies manufactured by Nichirin, regardless of whether these components are intended for use in hydraulics, air, or vacuum brake systems. #The NHTSA does not issue approvals of motor vehicle equipment prior to sale. Under the National Traffic and Motor Vehicle Safety Act of 1966, as amended, certification of compliance with applicable safety standards is performed by the manufacturer. Standard No. 106-74 does not specify the testing which a manufacturer must do before certifying that his brake hose and assemblies comply, it does specify the performance levels which these products must meet when tested by the NHTSA for compliance. The manufacturer is required to exercise due care in assuring himself that his certification is neither false nor misleading. #Sincerely, Frank A. Berndt, Acting Chief Counsel; |
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ID: aiam5626OpenMr. Glenn J. Vick, National Account Manager Marketing and Sales Office Commercial Truck Vehicle Center Ford Automotive Operations Regent Court, Suite 950 16800 Executive Plaza Drive Dearborn, MI 48126; Mr. Glenn J. Vick National Account Manager Marketing and Sales Office Commercial Truck Vehicle Center Ford Automotive Operations Regent Court Suite 950 16800 Executive Plaza Drive Dearborn MI 48126; "Dear Mr. Vick: This responds to your letter concerning Federal Moto Vehicle Safety Standard (FMVSS) No. 221, School bus body joint strength. You explain that Ford is planning to introduce a new E-350 super duty chassis with a cut-away cab for use by final-stage manufacturers in producing large school buses. You ask how Standard No. 221 applies to the chassis. I am pleased to clarify our regulations for you. As explained below, Ford has responsibilities as an incomplete vehicle manufacturer, but these do not include certifying that a school bus completed on your chassis will meet Standard No. 221. As an incomplete vehicle manufacturer, Ford's responsibilities are described in section 568.4 of 49 CFR Part 568, Vehicles manufactured in two or more stages. Ford must furnish certain information with the incomplete vehicle at or before the vehicle's delivery to the intermediate or final-stage manufacturer. (We will refer to the document(s) containing this information as 'the incomplete vehicle document.') This information includes the vehicle type(s) into which the incomplete vehicle may appropriately be manufactured, and a listing, by number, of each FMVSS that applies to any of the listed vehicle types. Further, Ford must follow this listing with one of the following three types of statements, as applicable, for each standard: 1. A statement that the vehicle when completed will conform to the safety standard if no alterations are made in identified components of the incomplete vehicle, 2. A statement of specific conditions of final manufacture under which Ford specifies that the completed vehicle will conform to the standard, or, 3. A statement that conformity with the standard is not substantially affected by the design of the incomplete vehicle, and that Ford makes no representation as to conformity with the standard. In accordance with these requirements, your incomplete vehicle document must indicate that the incomplete vehicle may be appropriately manufactured into a school bus. It must also list, by number, each FMVSS that applies to school buses, including Standard No. 221. As a practical matter, the third statement is the one likely to be used by a chassis manufacturer, with regard to Standard No. 221. The standard requires school bus body panel joints to be capable of holding the body panel to the member to which it is joined when subjected to a force of 60 percent of the tensile strength of the weakest joined body panel. It is likely that the conformity with the standard would not be substantially affected by the design of the incomplete vehicle. Nevertheless, we would encourage Ford to consult with the final-stage manufacturer on its work completing the school bus. A completed vehicle's conformity to the FMVSSs can be substantially affected by both the design of the incomplete vehicle and the manner of completion by the final-stage manufacturer. Moreover, the compliance of the school bus with certain FMVSSs, such as the braking standard (FMVSS No. 105) and the fuel tank integrity standard (FMVSS No. 301), is highly dependent on the design of the incomplete vehicle. Some final-stage manufacturers may need information from the incomplete vehicle manufacturer, in addition to the incomplete vehicle document, to assist them in properly completing the vehicle. I hope this responds to your questions. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam4934OpenMr. Tony Llama President Davenport Enterprises 301 Almeria Ave., Suite 1 Coral Gables, FL 33134; Mr. Tony Llama President Davenport Enterprises 301 Almeria Ave. Suite 1 Coral Gables FL 33134; Dear Mr. Llama: This responds to your letter of December 13, l99l, wit respect to the permissibility of temporarily importing a Fiat from Brazil that is not in conformance with the Federal motor vehicle safety standards. The purpose of the importation is to design and build an air conditioning system for the car. Upon completion of this work, the Fiat will be exported. You have enclosed a copy of my letter of August 2, 1990, granting permission for the importation of a van manufactured in the Soviet Union for which you had been asked to design an air conditioning system. In that letter, I informed you that it would be appropriate for you to enter the van pursuant to 49 CFR section 591.5(j), under the declaration that the vehicle is being imported solely for the purpose of research, investigations, and studies or demonstrations. Under the circumstances outlined in your letter, we believe that it would be appropriate for you to enter the Brazilian Fiat as well under section 591.5(j). If you have any further questions, we shall be happy to answer them. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam0074OpenMr. Donald E. Clauson, President, Clauson Manufacturing Company, Inc., U.S. Highway 31-W, Bonnieville, KY 42713; Mr. Donald E. Clauson President Clauson Manufacturing Company Inc. U.S. Highway 31-W Bonnieville KY 42713; Dear Mr. Clauson: Your letter of May 20, 1968, to Mr. Bridwell, concerning pickup covers has been referred to me for reply.; Pickup covers which you describe are considered to be in the sam category as slide-in campers and are items of motor vehicle equipment for use in motor vehicles. As such pickup covers must meet the requirements of Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials* - *Passenger Cars, Multipurpose Passenger Vehicles, Trucks, Buses and Motorcycles*.; Sincerely, William H. Risteen, Office of Standards on Crash- Injur Reduction, Motor Vehicle Safety Performance Service; |
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ID: aiam2049OpenLeonard A. Fink, Esq., Messrs. Friedman, Medalie, Ochs and Jacks, 1700 Pennsylvania Avenue, N.W., Washington, DC 20006; Leonard A. Fink Esq. Messrs. Friedman Medalie Ochs and Jacks 1700 Pennsylvania Avenue N.W. Washington DC 20006; Dear Mr. Fink: This is in reply to your letter of September 3, 1975, concernin Federal preemption of State motor vehicle safety standards. You ask for confirmation that there is no Federal requirement for turn signal lamps or a dual beam headlamp on a motor-driven cycle whose maximum speed does not exceed 30 mph, and that a State is preempted from requiring such items of equipment on these vehicles.; As you noted, 15 U.S.C. 1392(d) provides that where a Federal moto vehicle safety standard is in effect, a State may not establish or maintain in effect a different standard that covers the same aspect of performance as the Federal standard. Federal Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment* (49 CFR 571.108), establishes the Federal requirements for motorcycle lighting. All motorcycles manufactured between January 1, 1973, and October 14, 1974, were required to be equipped with turn signal lamps. However, effective October 14, 1974, a motorcycle with 5 horsepower or less whose top speed does not exceed 30 mph need not be manufactured with turn signal lamps as required lighting equipment (S4.1.1.26 of Standard No. 108). Any motorcycle with 5 horsepower or less manufactured on or after January 1, 1969, may be equipped with either a single or multiple beam headlamp (Table III, Standard No. 108, incorporating by reference SAE Standard J584, *Motorcycle and Motor Driven Cycle Headlamps*, April 1964. See Table 1 of J584). This means, pursuant to 15 U.S.C. 1392(d), that a State is preempted from requiring a motorcycle with 5 horsepower or less to be equipped with a multiple beam headlamp if its manufacturer has equipped it with a single beam one. It also means that, if a motorcycle with 5 horsepower or less whose speed does not exceed 30 mph is not equipped with turn signal lamps, a State may not require them.; I hope you will find this of assistance to your clients, Steyr Daimler-Puch, A. G., and Bombardier, Ltd.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam5276OpenMr. Leo Chung Operational Services Genstar Container Corporation 505 Montgomery Street San Francisco, CA 94111-2584; Mr. Leo Chung Operational Services Genstar Container Corporation 505 Montgomery Street San Francisco CA 94111-2584; "Dear Mr. Chung: This responds to your letter of November 3, 1993, t Mr. Vinson of this Office, with respect to calculation of the application of conspicuity treatment to container chassis trailers. The length of the gooseneck is included in determining the overall length of the trailer for purposes of calculating the half length that must be covered by the conspicuity treatment (which, of course, would be greater than half the length behind the gooseneck). For example, let us say that the overall length of the trailer is 40 feet, including an 8-foot gooseneck. The amount of the side to be covered is not less than 20 feet. The area to be covered is the 32 feet between the rear bolster to the point immediately behind the gooseneck's terminus. Thus, at least 20 feet of this 32-foot length must be covered in order to comply with Standard No. 108. There is nothing in Standard No. 108 that precludes the application of retroreflective sheeting to the gooseneck. Indeed, some manufacturers may wish to do so to provide conspicuity of the trailer side when the trailer is traveling without its cargo. However, any conspicuity treatment on a gooseneck is not counted in determining whether at least half the trailer side is covered. I hope that this clarifies the matter for you. Sincerely, John Womack Acting Chief Counsel "; |
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ID: aiam3208OpenMr. Jay Blanchard, Administrative Assistant, Diesel Fuel Saver, P.O. Box 516, Russell, IA 50238; Mr. Jay Blanchard Administrative Assistant Diesel Fuel Saver P.O. Box 516 Russell IA 50238; Dear Mr. Blanchard: This responds to your February 8, 1980, letter requesting confirmatio of statements made to you by an NHTSA engineer, Robert Williams. Apparently, Mr. Williams stated that your product, the 'Diesel Fuel Saver,' would comply with Safety Standard No. 301-75, *Fuel System Integrity* (49 CFR 571.301-75).; As you describe the product, the 'Diesel Fuel Saver' is a piece o aftermarket equipment that can be readily attached to diesel fuel systems to heat the fuel and ostensibly increase fuel economy. However, Safety Standard No. 301-75 is only applicable to new vehicles and, therefore, would not apply to motor vehicle equipment such as yours unless it is installed on new vehicles. Further, Safety Standard No. 301-75 does not specify design requirements for individual components of fuel systems. Rather, the standard specifies performance requirements that must be achieved by vehicle fuel systems during barrier crash tests.; There are no other safety standards that would be applicable to you product. However, you would be responsible under the National Traffic and Motor Vehicle Safety Act, amended 1974 (15 U.S.C. 1381, *et seq*.), our enabling authority, for any defects in the 'Diesel Fuel Saver' relating to motor vehicle safety. This means that you would have to notify purchasers of your product of any such defects that might exist and remedy those defects at your own expense.; Although Safety Standard No. 301-75 is not directly applicable to th 'Diesel Fuel Saver,' the standard does create responsibilities for certain persons who may install the product.; Section 108(a)(2)(A) of the Vehicle Safety Act specifies that n manufacturer, dealer, distributor or motor vehicle repair business may knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle in compliance with a Federal motor vehicle safety standard. This means that none of the mentioned persons, which could include your own company, would be permitted to install the 'Diesel Fuel Saver' on a motor vehicle if the equipment would destroy the vehicle's compliance with Safety Standard No. 301-75 (or any other applicable safety standard). Therefore, as a responsible manufacturer, you should determine whether vehicles can meet the performance requirements specified in Safety Standard No. 301-75 with your product installed. The prohibition in section 108(a)(2)(A) only applies to those persons mentioned above. Therefore, a private individual (the vehicles owner, for example) could install the 'Diesel Fuel Saver' with impunity, regardless of whether the vehicle thereafter complies with Safety Standard No. 301-75. This, of course, would not remove your liability in private litigation.; I hope this have been responsive to your inquiry. If you have an further questions, please contact Hugh Oates of my office at 202-426-2992.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1235OpenMrs. Faye Cannon, Cannon's Cycle Center, Inc., P.O. Drawer 4566, 2159 Hoffmeyer Road, Florence, SC 29501; Mrs. Faye Cannon Cannon's Cycle Center Inc. P.O. Drawer 4566 2159 Hoffmeyer Road Florence SC 29501; Dear Mrs. Cannon: Robert Aubuchon of this agency has asked us to respond to your recen inquiry whether the Solex motor bicycle is a 'motor vehicle' under our regulations, and, if so, how we would categorize it. You are also interested in knowing how our views affect South Carolina's proposed redefinition of bicycle.; Since the Solex is manufactured primarily for use on the public roads it is a 'motor vehicle' as defined by the National Traffic and Motor Vehicle Safety Act of 1966, specifically a 'motorcycle'. As such, it must meet all Federal motor vehicle safety standards applicable to 'motorcycles', and be so certified by its manufacturer. The only such standard currently in effect is No. 108, *Lamps, Reflective Devices and Associated Equipment*, but standards on controls (No. 122) and braking (No. 123) will become effective January 1, 1974 and September 1, 1974 respectively.; While the proposed South Carolina redefinition of 'bicycle' appears t encompass the Solex, the State by so doing could neither relieve the manufacturer from the obligation of complying with Federal motorcycle safety standards, nor impose requirements different from Standards Nos. 108, 122, and 123 as to those aspects of performance covered by the Federal standards.; I hope this answers your questions. Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4037OpenMr. Aslam Khan, Director, Mutual Trading Corporation, 222 West Adams, Chicago, Il 60606; Mr. Aslam Khan Director Mutual Trading Corporation 222 West Adams Chicago Il 60606; Dear Mr. Khan: This responds to your letter to this agency, asking how our regulation affect the importation and sale of tires in the United States. There are several applicable requirements set forth in our standards and regulations, which are discussed below.; All tires imported into the United States for use on passenger car must be certified as complying with Federal Motor Vehicle Safety Standard No. 109 and all tires imported for use on other types of motor vehicles must be certified as complying with Federal Motor Vehicle Safety Standard No. 119. I have enclosed copies of both of these standards for your information. You will see that the standards specify performance requirements (strength, endurance, high speed, and, for passenger car tires only, resistance to bead unseating), marking requirements (treadwear indicators and labeling information), and tire and rim matching information requirements which must be satisfied by each tire sold in the United States.; With respect to these performance requirements, you stated that th tires' manufacturers 'have our approval for the DOT markings.' The United States does not give 'approval' for certification markings. For the purposes of our safety standards, a tire manufacturer must itself certify that its tires comply with all the requirements of the applicable safety standards. Once a tire manufacturer determines that its tires satisfy the applicable requirements, it certifies that compliance by molding the letters 'DOT' on one sidewall of each certified tire.; For purposes of enforcement of the safety standards, this agenc conducts spot checks of tires after they have been certified, by purchasing and testing the tires in accordance with the applicable standard. If the tires pass the test, no further steps are taken.; If the tires fail the tests and are determined not to comply with th applicable standards or if it is determined that the tires contain a safety-related defect, the manufacturer of the tires is required to remedy the problem. Your company would be considered the manufacturer of the tires, because you are the brand name owner and the importer. Section 154(a)(2)(B) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1414(a)(2)(B)) specifies that, in the case of tires that fail to comply with a standard or contain a safety-related defect, the manufacturer may elect to either:; >>>(1) repair the tires so that the defect or noncompliance is removed or; (2) replace the tire with an identical or reasonably equivalent tir that does not have the defect or noncompliance. <<<; Whichever of these options is chosen, the tire manufacturer must bea the expense and cannot charge the tire owner for the remedy.; It is a simple matter to check the tires to see that the markin requirements of the respective standards are satisfied.; With respect to the tire and rim matching information, thi information, together with the loading schedules for the tire size (the loading schedules show the maximum load the tire can carry at designated inflation pressures) must either be set forth in a current standardization organization publication or be furnished by the manufacturer to each of its dealers and in duplicate to this agency. You may wish to obtain a copy of the most current publication by the American standardization organization to see if your company can use the loading schedules and tire and rim matching information published therein for the particular tire sizes you wish to sell in the United States. That publication may be ordered by sending $8.50 plus postage costs to: The Tire and Rim Association, 3200 West Market Street, Akron, Ohio 44313. If the tire sizes and corresponding rims listed in that publication for your tire sizes are satisfactory, you need take no further steps to comply with this requirement. However, if your sizes are not listed or your company believes different values should be assigned, you may consult the publications of other standardization organizations or you may elect to furnish the appropriate information to this agency and to each of your dealers. I am enclosing a copy of another regulation that applies to the tires you seek to import, 49 CFR Part 574, *Tire Identification and Recordkeeping*. Section 574.7 of this regulation requires your company, as the brand name owner of new tires, to furnish an adequate supply of tire registration forms to dealers selling your tires. These forms are used to record the name and address of the first purchaser of each tire. The completed forms will be returned to you, or some party designated by your company. Your company is required to maintain the information on the tire registration forms for a period of not less than three years from the date on which you or some designee receive the information.; Further, Part 574 requires every tire sold in this country to b labeled with certain information (see S574.5), including the identification mark assigned to the manufacturer. To get an identification mark, the actual manufacturer of the tires must provide the information specified in S574.6 of the regulation. A different identification mark will be assigned to each of the manufacturer's different plants. Please note that an identification mark will be assigned only to the actual manufacturer of the tires, and not to your company which only imports the tires. This is because S574.5 requires that this identification mark be molded into or onto all new tires. The only party that can mold the mark into or onto the tire is the actual manufacturer. An identification mark is normally assigned within two weeks after the receipt of such a request.; However, the identification mark will *not* be assigned until thi agency has received a valid designation of agent from the tire manufacturer, as required by 49 CFR Part 551 (copy enclosed). This regulation requires all manufacturers located outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of process in this country. Part 551 requires that the designation of agent contain the following six items of information:; 1. A certification that the designation is valid in form and binding o the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made,; 2. The full legal name, principal place of business and mailing addres of the foreign tire manufacturer,; 3. Marks, trade names, or other designation of origin of any of tha manufacturer's tires which do not bear the name of the company,; 4. A statement that the designation shall remain in effect unti withdrawn or replaced by the foreign tire manufacturer.; 5. A declaration of acceptance duly signed by the agent appointed b the foreign tire manufacturer, and the agent may be an individual or a U.S. firm or corporation, and; 6. The full legal name and address of the designated agent. If you need any further information or a clarification of some of th information set forth in this letter, please contact Steve Kratzke of my staff at this address or by telephone (202) 426- 2992.; Sincerely, Erika Z. Jones, 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.