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: aiam3391OpenMs. Mary Donovan, 51 Earl Street, Springfield, MA 01108; Ms. Mary Donovan 51 Earl Street Springfield MA 01108; Dear Ms. Donovan: This is in response to your letter of January 28, 1981 concerning th problems you've experienced with the odometer in your car.; The Motor Vehicle Inforamtion and Cost Savings Act (15 U.S.C. S198 *et. seq*) prohibits the disconnection, resetting, or alteration of a vehicle's odometer with the intent to change the number of miles indicated therein. The law also requires that a written disclosure of the mileage registered on an odometer be provided by the seller to the purchaser at the time the ownership of a vehicle is transferred. If the odometer mileage is incorrect, the Act requires a statement to that effect to also be furnished in written form to the buyer.; This disclosure can be made on the state's certificate of title if th certificate of title contains essentially the same information found in the Federal odometer disclosure statement. *Odometer Disclosure Requirements* (49 CFR Part 580.4(f)(1). The odometer statement on the Massachusetts certificate of title is consistent with the requirements of the Federal law and can be substituted for the Federal form. All of the other provisions of the Federal odometer laws are applicable in Massachusetts.; Accordingly, if the odometer is incapable of registering the *sam mileage after its repair or replacement, a notice in writing should be attached to the left door frame of the vehicle by the owner specifying the date the odometer was repaired or replaced and the mileage at that time. However, since you did not indicate the odometer reading was *reset*, this provision does not appear to be applicable to your case.; Sincerely, Shirley Ransom, Trial Attorney |
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ID: aiam1206OpenMr. Arthur E. Allen, President, SCARTI, 2042 S. Sepulveda, Los Angeles, CA 90025; Mr. Arthur E. Allen President SCARTI 2042 S. Sepulveda Los Angeles CA 90025; Dear Mr. Allen: This is in reply to your letter of July 19, 1973, to the Administrator. The exemption provided vehicles with a curb weight of 1,000 pounds o less will cease to exist as of January 1, 1974, and lightweight vehicles manufactured on or after that date will be required to meet all Federal motor vehicle safety standards applicable to their vehicle category, *e.g.* passenger cars.; Under the circumstances you indicate, you would be the final-stag manufacturer of a vehicle manufactured in two or more stages, under 49 CFR Parts 567 and 568 of our regulations. We refer you specifically to sections 567.5 and 568.6 of those regulations.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4004OpenMr. Larry J. Black, Motorists Insurance Companies, 471 East Broad Street, Columbus, OH 43215-3861; Mr. Larry J. Black Motorists Insurance Companies 471 East Broad Street Columbus OH 43215-3861; Dear Mr. Black: This is in response to your letter of August 2, 1985, in which yo asked for a determination from the Agency concerning your company's use of Motor Vehicle titles to fulfill Federal odometer disclosure requirements.; You proposed photocopying the title, which has the odometer disclosur on the back, and retaining the copy for a four year period. The applicable Federal regulation, 49 CFR Part 580, provides that State titles or other ownership documents may be used as substitutes for the Federal odometer disclosure statement if they contain essentially the same information required by paragraphs (a),(b),(c) and (e) of section 580.4.; I have reviewed State titles contained within *The Original Peck' Title Book*. This book, published by Stephens - Peck, Inc., is revised periodically and supplemented as changes in State title laws occur. To date, the title documents of the following States may be used in lieu of a separate odometer disclosure form:; >>>Delaware, Maryland, Michigan, Minnesota, Nebraska, North Carolina North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, Wyoming<<<; I must qualify this list, however. With regard to the Michigan an Minnesota titles, it is only the initial assignment which meets all disclosure requirements. Reassignments by a licensed dealer do not, as there is no space for the purchaser's signature. Furthermore, when vehicles are transferred in Delaware, Maryland, Nebraska, North Dakota, Ohio, Pennsylvania, Wyoming or Virginia, the title can be used in lieu of a separate odometer disclosure statement only if the purchaser completes all information concerning the application for title. Unless the application is completed, the title will not include the buyer's signature. The National Highway Traffic Safety Administration considers this signature to be essential, because it is an acknowledgement that the purchaser is aware of the mileage. The signature prevents the purchaser from later alleging that he was not informed of the mileage or that the mileage was different from that appearing on the title.; If you have any additional questions, do not hesitate to contact Judit Kaleta of my staff at (202) 426-1834.; Sincerely, Kathleen DeMeter, Assistant Chief Counsel for General Law |
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ID: aiam0047OpenMiss Dorothy P. Ferguson, Managing Editor, Fire Engineering, The Reuben H. Donnelley Corporation, 466 Lexington Avenue, New York, NY 10017; Miss Dorothy P. Ferguson Managing Editor Fire Engineering The Reuben H. Donnelley Corporation 466 Lexington Avenue New York NY 10017; Dear Miss Ferguson: Thank you for your letter of February 27, 1968, to the Federal Highwa Safety Bureau, in regard to obtaining information about *Safety Standard No. 209,* seat belt assemblies.; Regarding your question on seat belt usage as pertaining to a fir apparatus vehicle, seat belts are not required to be installed, however, if seat belts are installed on a truck by a manufacturer, the seat belt assemblies, as equipment, must meet the requirements of Standard 209, specifically, requirements of the Department of Commerce, National Bureau of Standards for seat belts for use in motor vehicles (15 CFR 9)(30 FR 8432).; Thank you again for your interest in the safety program. Sincerely, Joseph R. O'Gorman, Acting Director, Office of Performanc Analysis, Motor Vehicle Safety Performance Service; |
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ID: aiam2580OpenMr. John W. Kourik, 1135 Olivaire Lane, St. Louis, Missouri 63132; Mr. John W. Kourik 1135 Olivaire Lane St. Louis Missouri 63132; Dear Mr. Kourik: This responds to your March 24, 1977, letter asking whether Standar No. 107, *Reflecting Surfaces*, incorporates by reference the SAE Recommended Practice J941 as of November 1965 or as amended through February 1975.; As you note in your letter, Part 571.5 (49 CFR 571.5) of ou regulations establishes guidelines for materials incorporated by reference. That section states that materials which are subject to change, such as the SAE Recommended Practice you mention, are incorporated by reference as they are in effect on the date of adoption of the standard unless otherwise specified. Standard No. 107 refers specifically to the 1965 version of the SAE Recommended Practice. Subsequent amendments of that document by the SAE Technical Committee have no effect upon the Federal Standard.; Thank you for your offer of assistance in amending Standard No. 107 t reflect more recent changes in the SAE Recommended Practice. We Will keep your offer in mind should we determine that a change in the standard is warranted.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam5245OpenMr. Thomas Dougherty C.A.P.S. Inc. 1712 Rudder Industrial Park Drive Fenton, MO 63026; Mr. Thomas Dougherty C.A.P.S. Inc. 1712 Rudder Industrial Park Drive Fenton MO 63026; "Dear Mr. Dougherty: This responds to your letter asking about how thi agency's regulations might apply to your product, the 'E.A.R.S.' system. You state that your product contains an LED light and an 82 decibel tone and serves to alert hearing impaired drivers of approaching emergency vehicles. You further state that the part of the system that alerts drivers plugs into the cigarette lighter, while a microphone is placed outside the vehicle. (You did not explain how or where the microphone is placed or whether a hole is drilled through the windshield.) I am pleased to have this opportunity to explain our regulations. I am also enclosing a copy of a fact sheet titled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.' By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. Section 102(4) of the National Traffic and Motor Vehicle Safety Act (the 'Safety Act') defines, in relevant 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, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We determine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be used principally by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an 'accessory' and thus is subject to the provisions of the Safety Act. Applying these criteria to the E.A.R.S. system, it appears that this product would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of the product, it appears that the entire portion of the expected use of the E.A.R.S system relates to motor vehicle operation. That is, the system is intended to alert the vehicle driver about an oncoming emergency vehicle. Also, it appears that the product would typically be used by ordinary users of motor vehicles, in particular, hearing impaired drivers. While it appears that the E.A.R.S. system is an item of motor vehicle equipment, NHTSA has not issued any standards for such a device. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the product's manufacturer are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. A commercial business that installs the E.A.R.S. system would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) provides that: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard. This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your device if the system renders inoperative the vehicle's compliance with the FMVSS's. For instance, compliance with Standard No. 205 might be degraded if it were necessary to drill a hole through the windshield. Any violation of this 'render inoperative' prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation. Please note also that the render inoperative prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install the E.A.R.S. system in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam0417OpenMr. Hal H. Newell, Manager-Government Relations, Eaton Corporation, Government Relations Office, Suite 838 Pennsylvania Building, 425-13th Street, N.W., Washington, DC 20004; Mr. Hal H. Newell Manager-Government Relations Eaton Corporation Government Relations Office Suite 838 Pennsylvania Building 425-13th Street N.W. Washington DC 20004; Dear Mr. Newell:#In your letter of July 22 you ask if Standard No. 101 as amended, requires the illumination of controls on after market auto and truck air conditioners.#Standard No. 101 does not apply to after market equipment items. It requires that vehicles meet control location, identification, and illumination requirements at the time of sale to the first purchaser for purposes other than resale, and places compliance responsibility upon the vehicle's manufacturer, distributor, and dealer.#Sincerely, Lawrence R. Schneider, Acting Chief Counsel; |
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ID: aiam5615OpenMr. Winston Sharples President Cantab Motors, Ltd. RR1, Box 537 Round Hill, VA 22141; Mr. Winston Sharples President Cantab Motors Ltd. RR1 Box 537 Round Hill VA 22141; Dear Mr. Sharples I enclose a copy of an order of the Administrato granting the petition by Cantab Motors for temporary exemption from Motor Vehicle Safety Standards Nos. 208 and 214. The exemption from Standard No. 208 will expire on September 1, 1997, and that for Standard No. 214 on September 1, 1998. In accordance with agency regulations on the subject, within 30 days after your receipt of this letter please provide the Director, Office of Vehicle Safety Compliance, with a copy of the certification label reflecting the exemption that will be used on Cantab's vehicles (49 CFR 555.9(a)). We have received your letter of August 17, 1995, which admits that Cantab manufactured and sold nine vehicles manufactured after the expiration of its previous exemption that did not conform with Standard No. 208, and which enclosed a petition for a determination of inconsequentiality on this matter. This is currently under review. If you have any questions, you may discuss them with Taylor Vinson of this Office (202-366-5263). Sincerely, John Womack Acting Chief Counsel; |
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ID: aiam4907OpenJeffrey P. Shimp, Engineer Fleet Engineering & Q.A. Transportation Department Baltimore Gas and Electric Charles Center P.O. Box 1475 Baltimore, MD 21203-1475; Jeffrey P. Shimp Engineer Fleet Engineering & Q.A. Transportation Department Baltimore Gas and Electric Charles Center P.O. Box 1475 Baltimore MD 21203-1475; "Dear Mr. Shimp: This responds to your letter of September 17, 1991 regarding the addition of a seat to your company's cargo vans. I am pleased to have this opportunity to explain the requirements of Federal law for you. The National Traffic and Motor Vehicle Safety Act (Safety Act) authorizes this agency to issue safety standards for new motor vehicles and new items of motor vehicle equipment. The Safety Act requires manufacturers to certify that each of their new vehicles or new items of equipment complies with all applicable safety standards at the time the product is delivered to the first purchaser in good faith for purposes other than resale. After a vehicle is delivered to the first purchaser for purposes other than resale, modifications to the vehicle are affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, dealer, distributor, or repair business from 'rendering inoperative' any device or element of design installed in a vehicle in compliance with a safety standard. Please note that section 108(a)(2)(A) does not affect modifications made by vehicle owners to their own vehicles. Therefore, Baltimore Gas and Electric may install additional seats in the cargo vans it owns without violating the 'render inoperative' provision or any other provisions of the Safety Act, providing Baltimore Gas and Electric performs the work themselves. However, the individual States have the authority to regulate the modifications that owners can make to their own vehicles. You should contact the State of Maryland to learn if it has enacted any laws or regulations that apply to your planned modifications to your vans. In addition, you may wish to consult with an attorney familiar with the law in the State of Maryland regarding potential liability for your company in connection with adding a seat to these vans. Finally, although Federal law does not regulate your company's planned addition of seats to its vehicles, we urge you to carefully consider the safety issues that would arise if your company proceeds with the installation of these additional seats. Specifically, this agency encourages your company to select and install any additional seats in a way that will not degrade occupant protection, and to install a safety belt for those additional seats, so that your employees using the additional seat will be protected in the event of a crash. I hope you find this information 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"; |
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ID: aiam5300OpenMs. Jane L. Dawson Specifications Engineer Thomas Built Buses, Inc. P.O. Box 2450 1408 Courtesy Road High Point, NC 27261; Ms. Jane L. Dawson Specifications Engineer Thomas Built Buses Inc. P.O. Box 2450 1408 Courtesy Road High Point NC 27261; "Dear Ms. Dawson: This responds to your questions about a December 2 1992, rule that amended Standard No. 111, Rear-view mirrors, by establishing field-of-view requirements around school buses (57 FR 57000). The rule amended Standard No. 111 to require a bus driver to be able to see, either directly or through mirrors, certain specified areas in front of and along both sides of school buses. I apologize for the delay in responding. Your first question asks: Are we required to certify that the mirror system has the ability to be adjusted for viewing of the cylinders by a 25th percentile female or to certify that the mirror system has been adjusted? Under the National Traffic and Motor Vehicle Safety Act, each new vehicle manufacturer must certify that its vehicle complies with the Federal motor vehicle safety standards (FMVSS's). NHTSA evaluates a vehicle's compliance with the safety standards using the test procedures and conditions specified in the FMVSS's. Standard 111 requires that specified areas must be visible when viewed from the eye location of a 25th percentile adult female (S9, S13). The test procedures of S13 state that, when testing a school bus, NHTSA will adjust an adjustable mirror to the eye location of a 25th percentile adult female before the test, in accordance with the manufacturer's recommendations (S13.3). Of course, to comply with Standard 111, the mirror will have to be able to be adjusted to the required location at the time NHTSA tests the vehicle. Your second question asks: Are the outside rearview mirrors required to view the area straight down from the mirrors and 200 feet rearward? In an October 21, 1993, telephone conversation with Marvin Shaw of my staff, you explained that you ask whether S9.2 of Standard 111 requires measurement beginning at the ground below the System A mirror (and extending at least 200 feet behind that plane). The answer is yes, the mirror must provide a view of the area straight down from that mirror and extending 200 feet rearward. Section S9.2 states that each school bus must have two outside rearview mirror systems: A System A driving mirror and a System B convex cross view mirror. The System A mirror on the left side of the bus is required by S9.2(b)(2) to provide a view of 'the entire top surface of cylinder M in Figure 2, and of that area of the ground which extends rearward from the mirror surface not less than 60.93 meters (200 feet)' (emphasis added). Please note that the agency is currently reviewing a rulemaking petition in which Blue Bird Body Company has requested that the agency amend Standard No. 111, with respect to System A driving mirrors. I hope this information is helpful. Please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information. Sincerely, John Womack 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.