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
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ID: aiam5365OpenMr. Hamilton K. Pyles Cairncross & Associates, Inc. 2990 Mission Blvd. San Diego, CA 92109; Mr. Hamilton K. Pyles Cairncross & Associates Inc. 2990 Mission Blvd. San Diego CA 92109; "Dear Mr. Pyles: This responds to your letter of April 5, 1994, to th Office of Vehicle Safety Compliance. You would like to import into the United States 'a kit for a compact custom truck bed'. You ask what Federal laws and regulations govern the importation, sale, and installation of wooden pickup bed kits. You also ask what you must do, initially, to import a trial sample bed into the United States. You have described the kit as consisting of plans and instructions in English, wooden and plywood parts of the bed, unspecified 'metal parts,' fastenings, wiring and 'lights.' As a general rule, all motor vehicles and items of motor vehicle equipment must conform (and be certified by their manufacturer to conform) to all applicable Federal motor vehicle safety standards issued by this agency in order to be imported into the United States and sold here. The only motor vehicle equipment in your kit that is covered by a Federal standard is 'lights.' They are subject to our Standard No. 108 Lamps, Reflective Devices and Associated Equipment (49 CFR 571.108), and, thus, must conform and be certified as conforming in order to be imported into the United States. Certification is indicated either by a DOT symbol on the equipment, or by a statement of compliance attached to the equipment or on the container in which it is shipped. If the lighting equipment does not conform, or if you are unsure whether it does, you are permitted by 49 CFR 591.5(j) to import one or more sample beds or kits for 'research, investigations, studies, or demonstrations' for a period of up to three years after first obtaining written approval from the Office of Vehicle Safety Compliance. If the lighting equipment does conform, there is no limitation upon the number of items you may import. You have also written that the truck bed will be offered to the general public as a replacement for existing truck beds, and to 'manufacturers who place specialized beds (campershells, utility company boxes, etc.) on pick-up frames that they buy new without factory installed beds.' Although you have no responsibility under the National Traffic and Motor Vehicle Safety Act for compliance of a vehicle with the Federal safety standards when the conversion work is completed, we should like to apprise you of the obligations of a converter, since the converter will look to you to provide it with complying lighting equipment. With respect to the general public, under section 108(a)(2)(A) of the Act (15 U.S.C. 1397(a)(2)(A)), the removal of the old truck bed and lights and installation of the new truck bed kit by a 'manufacturer, distributor, dealer, or motor vehicle repair business' must not 'knowingly render inoperative in whole or in part any device or element of design installed in accordance with' a Federal motor vehicle safety standard. For example, one of the named parties would violate the Act if it removed the old bed with complying lamps and installed a new bed with noncompliant lamps if that person knew that the lamps did not comply. Similarly, if the bed in some manner obscured the center highmounted lamp which is now required for pickups manufactured after September 1, 1993, that could be a violation of the Act. If a manufacturer is installing the truck bed on a new chassis, it becomes responsible for ensuring that the completed vehicle fully meets the Federal motor vehicle safety standards, and for certifying its compliance. Finally, as the importer of the kit, you become its 'manufacturer' under our laws and may have some responsibility for notification and remedy of safety related defects or noncompliances that are discovered in the kit either before or after its installation on motor vehicles. I enclose an information sheet for your information, and hope that this letter has been helpful to you. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam0537OpenMr. Bruce K. Thomas, Harbaugh and Thomas, State National Bank and Plaza, 1603 Orrington Avenue, Evanston, Illinois 60201; Mr. Bruce K. Thomas Harbaugh and Thomas State National Bank and Plaza 1603 Orrington Avenue Evanston Illinois 60201; Dear Mr. Thomas: This is in response to your letter of October 11, 1972, as to th status of your petition for amendment of Standard 125, Warning Devices, of April 28, 1972. A notice dealing with a number of petitions for reconsideration of Standard 125, including your request regarding the fluorescent material, is presently in preparation, and will be published shortly.; Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4827OpenWilliam J. Bethurum, Esq. Patent Attorney Jefferson Place - Suite 302 350 North Ninth Street Boise, Idaho 83702; William J. Bethurum Esq. Patent Attorney Jefferson Place - Suite 302 350 North Ninth Street Boise Idaho 83702; Dear Mr. Bethurum: Your letter of December 14, 1990, to the 'U.S National Highway Safety Commission' for reply. Our agency, the National Highway Traffic Safety Administration, is the Federal agency responsible for establishing and enforcing the Federal motor vehicle safety standards. Your client, Mr. E.D. Farnsworth, has asked about 'when and how side lights adjacent to the main head lights came to be first used with head lights on automobiles.' You have, in turn, asked to be apprised of the regulations which govern new headlamp designs for automobiles and other motor vehicles. The Federal regulations that apply to motor vehicle headlamps are found in 49 C.F.R. 571.108, Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. The current version of the CFR volume (Parts 400 to 999) containing that standard is updated to October 1, l990. We are uncertain as to what you mean by 'side lights adjacent to the main head lights'. Standard No. 108 requires amber or white parking lamps on the front of passenger cars and other types of motor vehicles whose overall width is less than 80 inches, amber turn signal lamps, and amber front side marker lamps. Other types of lamps that are sometimes found on the front, and on the side at the front, are fog lamps and cornering lamps. They are not required by Standard No. 108, and are permissible as long as they do not impair the effectiveness of the lighting equipment required by the standard. Standard No. 108, which has been in effect for passenger cars since January l, l969 (the mandatory requirement for a side marker lamp replaced the earlier provision giving manufacturers a choice of lamp or reflector effective January 1, l970), has always prescribed lamp location in general terms. Thus, parking lamps and headlamps are to be installed 'at the front' and 'as far apart as practicable' (Table IV of Standard No. 108). Similarly, turn signals are to be located 'at or near the front' and 'as far apart as practicable.' Amber side marker lamps are to be on the side but placed 'as far to the front as practicable.' Because Standard No. 108 does not otherwise specify lamp location, we surmise that the head lamp and adjacent side lamp relationship to which you refer resulted from the choice of the vehicle manufacturer within the overall general parameters of the Federal specifications. If you have further questions, we shall be pleased to answer them. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam1776OpenMr. Donald W. Taylor, Manager, Product Quality and Safety, Volvo of America Corporation, Rockleigh, NJ 07647; Mr. Donald W. Taylor Manager Product Quality and Safety Volvo of America Corporation Rockleigh NJ 07647; Dear Mr. Taylor: This is in response to your letter of December 26 regarding th proposed plan for notifying vehicle owners involved in defect notification campaign 74-0246.; The provisions of the 1974 amendments to the Safety Act do apply t this campaign, and notification of the defect must be in accordance with these amendments. Section 153(c)(1) requires notification to be sent to each person registered under State law as the owner of the vehicle. There is nothing in the statute to prevent a manufacturer from utilizing his own car inventory and owner files to obtain this information, however, the manufacturer must still ensure that his notification program will reach all 'registered owners.' He may not substitute, as your letter implicitly requests, notification to only those purchasers reflected on his own lists unless he can demonstrate that his lists contain a complete listing of owners registered under State law.; It is difficult to see how this can be demonstrated unless ever vehicle subject to the campaign is accounted for almost immediately after notification is mailed. Otherwise, a manufacturer would not know that he had notified each registered owner even if in fact he had. A manufacturer who delayed additional notification until the results of the first mailing were available to him (unless they were available almost immediately) would not, in our view, have issued notification within a reasonable time if in fact some owners did not receive notification as a result of the initial mailing. Thus, while the expense of purchasing owner lists would seem to be less productive in the situation you describe than in campaigns involving older vehicles, it is difficult for us to see how it can be avoided under the statutory requirements.; Sincerely, Andrew G. Detrick, Director, Office of Defect Investigation, Motor Vehicle Programs; |
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ID: aiam2859OpenMr. Richard H. Attenhofer, Manager, Tire Technical Relations, Dunlop Tire Company, Box 1109, Buffalo, New York 14240; Mr. Richard H. Attenhofer Manager Tire Technical Relations Dunlop Tire Company Box 1109 Buffalo New York 14240; Dear Mr. Attenhofer: This responds to your August 2, 1978, letter noting two standards o the National Highway Traffic Safety Administration that you consider to be in conflict with Standard No. 119, *new Pneumatic Tires for Vehicles Other Than Passenger Cars,* in their requirements for the size of the molding of the word 'regroovable'.; Standard No. 119 specifies all of the labeling of tires for moto vehicles other than passenger cars. The size of that required labeling is set at not less than .078 inches. This size provision applies generally to all of the various information required to be labeled on a tire. The information label on the tire includes that tire identification number and word 'regroovable' if appropriate. Both of these requirements, however, are subjects of their own regulations. The tire identification number is specifically regulated by Part 574 and regroovable tires are regulated by part 569. Each of these Parts further specifies the size designation of the information that it requires. For example, Part 569 specifically requires the word 'regroovable' to be in letters .38 to .50 inches in height.; The two standards do not conflict. The size requirement in Part 56 falls within the acceptable size levels of Standard No. 119. Part 569 merely further restricts the size of the word 'regroovable' beyond that specified in Standard No. 119. Accordingly, the two are consistent. To understand both requirements, apply the general size requirements of Standard No. 119 to all information that is not otherwise regulated elsewhere. For information specifically regulated elsewhere, apply the size criteria specified in the applicable regulation.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam0864OpenMr. W. G. Milby, Project Engineer, Blue Bird Body Company, Fort Valley, GA, 31030; Mr. W. G. Milby Project Engineer Blue Bird Body Company Fort Valley GA 31030; Dear Mr. Milby: This is in reply to your letter of August 10, 1972, concerning th application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials', to shower curtains in the motor homes you manufacture. You ask whether the NHTSA would consider it 'acceptable' for you not to supply a shower curtain with the motor homes you equip with showers.; You have the right, under the Vehicle Safety Act, to sell a motor hom with equipment omitted, as long as the equipment is not required by a safety standard or necessary for the safe functioning of the vehicle. Naturally, we would prefer that you fully equip the vehicle with a conforming curtain, but we cannot force you to do so.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4574OpenMr. Joseph F. Mikoll Vice President Transportation Equipment Corp. 712 North Van Buren Way Hopkins, MN 55343; Mr. Joseph F. Mikoll Vice President Transportation Equipment Corp. 712 North Van Buren Way Hopkins MN 55343; "Dear Mr. Mikoll: This responds to your letter asking for clarificatio of my November 3, 1988 letter to you. In a letter dated August 11, 1988, you requested my opinion concerning the acceptability of installing a new product you are developing (a 'safety bar') in school buses with a gross vehicle weight rating (GVWR) of 10,000 pounds or less instead of installing safety belts in those vehicles. The 'safety bar' consists, in part, of two curved metal poles in planes that are parallel to the longitudinal centerline of the bus. The curved metal poles are attached to the outside of the seat in front of the seat whose occupants are to be protected by the 'safety bar.' These curved poles are joined by three cross or transverse members that are parallel to the seat and are covered with padding. The padded surface extends over the entire width of the seat whose occupants it is intended to protect. When an occupant wishes to be seated, he or she must lift the safety bar and then sit down and allow the safety bar to lower so that it rests on the occupant's thighs. Additionally, a special strap resembling a very long seat belt assembly must be fastened around the safety bar to hold it in position in the event of a crash. In my November 3, 1988 reply to your letter, I explained that the crash protection requirements for school buses with a GVWR of 10,000 pounds or less are set forth in S5(b) of Standard No. 222, School Bus Passenger Seating and Crash Protection (49 CFR /571.222). That section requires that each designated seating position be equipped with either safety belts or a protection system that requires no action by vehicle occupants. Since the 'safety bar' is not a protection system that requires no action by vehicle occupants, my November 3 letter explained that the 'safety bar' could not be installed in place of safety belts in small school buses, i.e., school buses with a GVWR of 10,000 pounds or less. My November 3, 1988 letter also explained that safety bars could be installed in small school buses in addition to safety belts, if the safety bars do not destroy the ability of the required safety belts to comply with the requirements of our safety standards. I also stated that a manufacturer that installed these safety bars in small school buses would have to certify that the bus in which the safety bars were installed complied with the school bus emergency exit requirements of Standard No. 217, Bus Window Retention and Release (49 CFR /571.217) and with the impact zone requirements specified in S5.3 of Standard No. 222. You asked whether my November 3, 1988 letter addressed the situation for both large school buses (i.e., those with a GVWR of more than 10,000 pounds) and small school buses, or whether it addressed only small school buses. Your previous letter asked only about small school buses, so my November 3 letter addressed those vehicles only. Assuming this was the case, you asked for 'an opinion that the safety bar does not conflict with any standard for large school bus installation.' I am happy to have this chance to explain our regulations to you. Let me begin by noting that the National Traffic and Motor Vehicle Safety Act requires each manufacturer to certify that each of its motor vehicles or items of motor vehicle equipment complies with all applicable safety standards. Because of this statutory provision, NHTSA has no authority to approve, endorse, or offer assurances of compliance for your product. Instead, any manufacturer that installs your safety bar in its large school buses must itself certify that those large school buses comply with all applicable safety standards when the safety bars are installed. The occupant crash protection requirements for large school buses are set forth in Standard No. 222. No provision of Standard No. 222 expressly prohibits the installation of 'safety bars' in large school buses. Hence, 'safety bars' can be installed in a large school bus, provided that the manufacturer of the bus certifies that it complies with all applicable requirements set forth in the safety standards with the safety bars installed. These requirements include the emergency exit requirements specified in Standard No. 217, all of the requirements of Standard No. 222, and the flammability resistance requirements of Standard No. 302, Flammability of Interior Materials (49 CFR /571.302). Please let me know if you have any further questions or need additional information. Sincerely, Erika Z. Jones Chief Counsel"; |
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ID: aiam1326OpenMr. W. G. Milby, Blue Bird Body Company, P.O. Box 937, Fort Valley, GA; Mr. W. G. Milby Blue Bird Body Company P.O. Box 937 Fort Valley GA; Dear Mr. Milby: This is in reply to your letter of October 23, 1973, concerning th installation of seat belts and seat belt anchorages for passenger seats in school buses. The belts would be used to assist handicapped passengers in remaining seated while the bus is in motion.; Motor Vehicle Safety Standard No. 210, which regulates the strength o seat belt anchorages, applies only to the driver's seat in a bus. The passengers' seats are not covered by the standard. As a result, an anchorage provided at a passenger seat in a bus does not have to meet the requirements of Standard No. 210.; If you plan to acquire conventional automotive seat belts for use i the buses, you will find that all belts must be certified to Standard No. 209, *Seat belt assemblies*, by the belt manufacturer. Because of this the belt should not be a problem for you.; We would encourage you to construct the belt anchorages so that the have the capacity to protect the passengers in sudden stops or crashes, as well as to keep them in the seat during normal service. However, the anchorage standard does not have to be met for these seats and will not be an impediment to fulfilling your customers' orders for anchorage-equipped seats.; Yours truly, Richard B. Dyson, Assistant Chief Counsel. |
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ID: aiam4124OpenMr. Bob Carlson, 8305 29th Avenue, N.W., Seattle, WA 98117; Mr. Bob Carlson 8305 29th Avenue N.W. Seattle WA 98117; Dear Mr. Carlson: This responds to your January 23, 1986 letter inquiring about Federa motor vehicle safety standards applicable to your projected sale of aftermarket windshield wiper systems for trucks.; Under the National Traffic and Motor Vehicle Safety Act, this agenc has issued Federal Motor Vehicle Safety Standard No. 104, *Windshield Wiping and Washing Systems*, applicable to new motor vehicles. As you note, this standard applies to trucks, as well as other types of vehicles. In your letter, you ask which performance requirements apply to wiping systems for trucks.; Under S4. *Requirements*, new trucks are required to have power-driven windshield wiping system that meets the requirements of S4.1.1. The frequency requirements in S4.1.1 apply to trucks, but the wiped area requirements of S4.1.2 apply only to passenger cars. Trucks must also have a windshield washing system that meets the requirements of SAE Recommended Practice J942, November 1965, except that the 'effective wipe pattern' is considered to be 'the pattern designed by the manufacturer for the windshield wiping system on the exterior surface of the windshield glazing.' Therefore, the vehicle manufacturer establishes the wipe pattern of the system.; If a new truck equipped with your wiper system did not comply wit Standard No. 104 due to some aspect of that system, the sale of that truck to the public would be a violation of the prohibition in section 108(a)(1)(A) of the Act against the sale of noncomplying vehicles.; I hope this information is helpful to you. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam4333OpenMr. C.M. Mehta, Manager - Exports, Autolite (India) Limited, 469, Road No. 9, Vishwakarma Industrial Area, Jaipur, 302013 India; Mr. C.M. Mehta Manager - Exports Autolite (India) Limited 469 Road No. 9 Vishwakarma Industrial Area Jaipur 302013 India; Dear Mr. Mehta: This is in reply to your letter of February 23, 1987, to the Departmen of Transportation. You mentioned an earlier letter dated January 9, 1987, enclosing a copy of your product catalogue, but I regret to say that this Office has not received it.; As a producer of motor vehicle lighting equipment, you have asked fo answers to the following questions:; >>>'1. Details of DOT/SAE approval required in marketing our Headlam Units 7 inch, 5 3/4 inch (Round) and Rectangular small and large'.<<<; In the United States no 'approval' is required to import the headlamp that you mention. However, the manufacturer must assure itself that the headlamp comply with the requirements of Federal Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment* (essentially those of the SAE for round and rectangular sealed beam headlamps), and certify each one as meeting all applicable Federal motor vehicle safety standards. This certification is a DOT symbol on the headlamp lens.; >>>2. Can we market those lamps as referred in Para. No. 1 fitted wit 9004, 9005 and 9006 Bulbs. If There is any specifications/technical details available with you, please send us a copy.'<<<; The headlamps discussed in paragraph 1 are sizes traditionall associated with sealed beam headlamps, rather than with replaceable bulbs such as the DOT HB1 (9004), HB3 (9005), and HB4 (9006). However, it is permissible to produce headlamps in these sizes, which incorporate replaceable light sources that are specified by Standard No. 108. However, such headlamps must meet all the requirements of the standard applicable to replaceable bulb headlamps. I enclose(sic) a copy of Standard No. 108 for your information.; >>>'3. We understand that the use 9004, 9005, 9006 bulbs are permitte on Headlamps with Lens and Reflectors made of Plastic. Kindly advise, if we can use these Reflectors made of metal?'<<<; Yes, a headlamp may have a reflector of either plastic or metal. >>>'4. Details of approval required for High Beam Driving Lamps to b use for off- road vehicle.'<<<; >>>'5. The details of specfications (sic) for Driving Lamps to be use on Cars, Trucks, etc.'<<<; Standard No. 108 does not require vehicles to be equipped with drivin lamps and it establishes no requirement for them. If there are any specifications or approvals required, they are those of the individual States in which these lamps would be sold and used. For further information on State requirements you should write: American Association of Motor Vehicle Administrators (AAMVA), 1201 connecticut Avenue, N.W., Washington, D.C.; It is the position of this Department that any headlamp unit which i capable of replacing a passenger car headlamp must meet the applicable requirements of Standard No. 108, even if it may also be used on off-road vehicles.; You have also asked for copies of 'SAE F-80 Front Fog Lamps' an SAE-J-79 Motor Cycle Headlamps'. We are not familiar with these materials and advise you to write: Society of Automotive Engineers Inc., 400 commonwealth Drive, Warrendale, Pa. 15096. As for 'Specification for Driving Lamps Using H3 Bulb', this appears to be a European specification unknown to us, as the H3 bulb is one that is not widely used in the United States.; The following is a listing of those requirements that must be complete before shipments begin. You must:; 1. Appoint an agent for service of process in accordance with Title 49 Code of Federal Regulations, Part 551 (49 CFR 551).; 2. Provide information as specified in 49 CFR 566, 'Manufacture Identification.'; If you determine in good faith that any lamp manufactured by you doe not conform with Standard No. 108 or contains a safety-related defect, section 151 (15 USC 1411) of the Act requires that you furnish notification to the Secretary and to owners in accordance with section 153 (15 USC 1413) and to remedy without cost the failure to conform or defect in accordance with 154 (15 USC 1414). Details are contained in 49 CFR 573, 576 and 579.; We are enclosing the following pertinent publications: 1. The Act 2. 19 CFR 12.80, 'Regulations for Motor Vehicle Importation' 3. 49 CFR 551, 'Procedure Rules' 4. 49 CFR 573, 'Defect and Noncompliance Reports' 5. 49 CFR 576, 'Record Retention' 6. 49 CFR 579, 'Defects and Noncompliance Responsibility' 7. Information for New Manufacturers of Motor Vehicle and Motor Vehicl Equipment; If we may be of further assistance, please let us know. Sincerely, Erika Z. Jones, Chief Counsel |
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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.