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: aiam4902OpenMr. Jack Garbo President/General Counsel AVM Products, Inc. 2333 Delante St. Fort Worth, TX 76117; Mr. Jack Garbo President/General Counsel AVM Products Inc. 2333 Delante St. Fort Worth TX 76117; Dear Mr. Garbo: This responds to your letter of July 11, 1991 requesting clarification of Standard No. 208. Specifically, you asked 'whether the three-point seatbelt is required in all middle and rear outboard seating positions in the multipurpose vehicles after September 1, 1991.' Specifically, you requested verification of your interpretation that these requirements apply only to forward-facing seating, and not rearward-facing seating. Your interpretation regarding rearward-facing seats is correct. Beginning September 1, 1991, multipurpose passenger vehicles must have lap/shoulder belts at every forward-facing rear outboard designated seating positions. The term 'rear outboard designated seating position' is defined in S4.2.4.1(b) as an 'outboard designated seating position' located rearward of the front seat(s). If by the phrase 'middle and rear outboard seating positions' you are referring to outboard seating positions in different rows of seats located behind the front seat(s), each such position that is forward-facing must be equipped with lap/shoulder belts after September 1, 1991. If instead the term 'middle' is referring to center seating position(s) on bench seats, such positions may be equipped with either lap or lap/shoulder belts. Rearward-facing seats may also be equipped with either lap or lap/shoulder belts. I hope this information is useful. If you have any further questions or need some additional information on this subject, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel; |
|
ID: aiam5610OpenMr. Bryan G. Nelson Director, Health & Transportation Services Parents in Community Action Inc. 700 Humboldt Avenue, North Minneapolis, MN 55411; Mr. Bryan G. Nelson Director Health & Transportation Services Parents in Community Action Inc. 700 Humboldt Avenue North Minneapolis MN 55411; "Dear Mr. Nelson: Thank you for your letter asking for confirmatio that the National Highway Traffic Safety Administration (NHTSA) recommends, but does not require, school buses to be yellow. Your understanding is correct. NHTSA's recommendation that school buses be painted yellow is found in Highway Safety Program Guideline 17, 'Pupil Transportation Safety' (copy enclosed). Guideline 17 consists of recommendations for State pupil transportation safety programs. Guideline 17 will affect the operation of school buses in your area only if it has been adopted by your State or local officials. We wish to note, however, that there are safety reasons behind Guideline 17's recommendation for the uniform school bus color. Motorists associate the yellow color with school buses, and quickly recognize that a yellow bus is transporting school children. The yellow color is a signal to motorists to be especially alert around the vehicles, particularly when the buses are loading and unloading children. For these reasons, NHTSA believes all school buses should be yellow. We also want to highlight for your information that Guideline 17 is different from NHTSA's school bus safety standards, which by Federal law apply to all new school buses, regardless of State action. The school bus safety standards require new school buses to have safety systems such as energy-absorbing seats, school bus lamps, stop arms, and improved emergency exits and rearview mirrors. These requirements apply to all new school buses, no matter what the States have done to adopt them. The safety record of school buses has improved in the years since buses began to meet the school bus safety standards. I hope this information is helpful. If you have further questions, please contact Ms. Deirdre Fujita of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
|
ID: aiam0412OpenMr. T. Nakajima, Senior Engineer, Mitsubishi Motors Corporation, Suite 410 Trowell Building, 24681 Northwestern Highway, Southfield, MI 48075; Mr. T. Nakajima Senior Engineer Mitsubishi Motors Corporation Suite 410 Trowell Building 24681 Northwestern Highway Southfield MI 48075; Dear Mr. Nakajima:#This is in reply to your letter of July 12 inquirin whether the proposed identification of the windshield washing system and hazard warning system controls, depicted on the photographs and overlays you enclosed, would conform with the requirements of Standard No. 101.#Standard No. 101 requires use of the word 'WASH' to identify the washing system control, and the word 'HAZARD' to identify the vehicular hazard warning system control, when these controls are manually operated. Your photographs and overlays indicate that you will use the required words to identify the appropriate controls. In our view, you have understood the requirements correctly.#Sincerely, Lawrence R. Schneider, Acting Chief Counsel; |
|
ID: aiam2301OpenRichard A. Olsen, Ph.D., Engineering Psychologist, 304 Hill Drive, State College, PA 16801; Richard A. Olsen Ph.D. Engineering Psychologist 304 Hill Drive State College PA 16801; Dear Dr. Olsen: This responds to your March 26, 1976, question whether Federal moto vehicle safety standards would apply to the replacement of seat belt webbing in seat belt assemblies to refurbish deteriorated portions of the webbing.; The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381, e seq.) authorizes the National Highway Traffic Safety Administration (NHTSA) to regulate the manufacture, but not the repair, of motor vehicle equipment such as seat belt assemblies. The NHTSA has issued a standard that applies to the manufacture and sale of seat belt assemblies (Standard No. 209, *Seat Belt Assemblies* (49 CFR 571.209)). In enforcement of this standard, the agency must, therefore, distinguish between what is repair' and what is manufacture' of a seat belt assembly.; You intend to accept existing seat belt assemblies from vehicle owner and to replace the webbing portions, reusing the hardware that is recovered from the existing assembly. From this description, the agency considers that the operation would constitute the manufacture of a seat belt assembly subject to the requirements of Standard No. 209. The majority of the assembled product would be new material, and the manufacturing operations involved in cutting and sewing constitute significant factors in the construction of the finished product.; Sincerely, Frank Berndt, Acting Chief Counsel |
|
ID: aiam5094OpenMr. George D. James, Jr. Safety Chairman, Unit 169 WBCCI 1149-1 Dowdle Mt. Road Franklin, NC 28734-9650; Mr. George D. James Jr. Safety Chairman Unit 169 WBCCI 1149-1 Dowdle Mt. Road Franklin NC 28734-9650; "Dear Mr. James: This responds to your letter of October 24, 1992, wit respect to the Tekonsha electronic brake control. You believe that this agency has 'approved' this brake control. Based on your experience towing a travel trailer, you expressed concern about the safety of these particular electronic brake controllers when in service on the public roads, because the stop lamps on the towed vehicle are not activated when the electronic brake control is used to apply the trailer's service brakes. You asked us to review our thinking and 'rewrite the specs on this matter.' Let me begin by emphasizing that this agency has no authority to 'approve,' endorse, or offer assurances of compliance to any items of motor vehicle equipment. All that our letters of interpretation purport to do is to answer questions from manufacturers and other members of the public as to whether the manufacture, sale, and/or installation of equipment is permissible under applicable Federal laws and regulations. Our letter of April 3, 1992, to Echlin, Tekonsha's manufacturer, which you quote at one point, was a letter of interpretation, which concluded that 'it now appears that the sale of the Tekonsha Control is not in violation of the National Traffic and Motor Vehicle Safety Act.' This letter and conclusion can in no way be read as 'approving,' endorsing, or recommending the use of the Tekonsha system. At this time, we do not have, nor are we aware of, any data indicating that there is a real-world safety problem created by use of the Tekonsha brake control. Hence, we have no reason to change the conclusion announced in the April 3 letter to Echlin about the legality of the Tekonsha control. We would be willing to review this matter again if data become available indicating a potential problem. Thus, if you or any member of your organization learns of any specific safety problems that have arisen for vehicles equipped with the Tekonsha control, please let us know. I appreciate your interest in highway safety. It is only through the concern and support of citizens like yourself that this agency can achieve its goal of minimizing deaths and injuries on this nation's highways. Thank you for taking the time to let us know your thoughts on this matter. Sincerely, Stephen P. Wood Assistant Chief Counsel for Rulemaking"; |
|
ID: aiam2751OpenMr. Emil M. Mrak, 602 Cordova Place, Davis, CA 95616; Mr. Emil M. Mrak 602 Cordova Place Davis CA 95616; Dear Mr. Mrak: This is in reply to your letter of January 30, 1978, to Ms. Joa Claybrook, Administrator of the National Highway Traffic Safety Administration (NHTSA), concerning the seat belts in your Cougar automobile.; Your original letter of December 12, 1977, to Secretary Brock Adams complaining about the seat belts in your automobile has been answered. A copy of our reply is enclosed to this letter and is still relevant to your problem.; As long as the lap-shoulder belt intersection is not less than 6 inche from the vertical centerline of the driver, any other location that is comfortable and easy to use is allowable. We suggest that you again contact your dealer to determine if the belt arrangement can be modified to be better suited to your condition and yet have the belt configuration remain within the NHTSA requirements.; Sincerely, Elwood T. Driver, Acting Associate Administrator fo Rulemaking; |
|
ID: aiam3843OpenPaul Escobosa, Esq., Dinkelspiel, Donovan & Reder, One Embarcadero Center - 27th Floor, San Francisco, California 94111; Paul Escobosa Esq. Dinkelspiel Donovan & Reder One Embarcadero Center - 27th Floor San Francisco California 94111; Dear Mr. Escobosa: In reply to your letter of May 22, 1984, to Mr. Vinson of my office this is to advise you that you will find the truck air brake standard at 49 CFR 571.121, Motor Vehicle Safety Standard No. 121, *Air Brake System*.; As Mr. Vinson informed you, the 'Autostop' braking device about whic you inquired is not directly regulated by a Federal motor vehicle equipment of vehicle standard. However, its installation on a truck conforming to Standard No. 121 must not render the air brake system inoperative in whole or in part, pursuant to 15 U.S.C. 1397(a)(2)(A). If installation occurs before the truck is delivered to its first purchaser for purposes other than resale, the installer is required to attach a label to the truck in accordance with 49 CFR 567.7 that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards.; In any event, as an item of motor vehicle equipment, the 'Autostop' i subject to the notification and remedy provision of 15 U.S.C. 1411 *et seq.* in the event that either its manufacturer or this agency determines that it contains or creates a safety-related defect.; Sincerely, Frank Berndt, Chief Counsel |
|
ID: aiam0296OpenMr. David J. Humphreys, Washington Counsel, Recreational Vehicle Institute, Inc., Suite 406, 1140 Connecticut Avenue, Washington, DC 20006; Mr. David J. Humphreys Washington Counsel Recreational Vehicle Institute Inc. Suite 406 1140 Connecticut Avenue Washington DC 20006; Dear Mr. Humphreys: This is to confirm your interpretation of the Tire Identification an Record Keeping Regulations as expressed in your letter of February 18, 1971.; The vehicle manufacturer is responsible for the retention of records o tires shipped 'in or on' a new vehicle. However, if the vehicle is used to transport extra tires, the manufacturer is not obliged to retain records of those tires, but rather, the vehicle dealer will be responsible for communicating the appropriate information to the tire manufacturer in accordance with either section 574.8 or section 574.9 of Part 574.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel |
|
ID: aiam3510OpenMr. Ernesto Rodriguez, Cariben, Inc., 144-30 Roosevelt Avenue, Suite 606, Flushing, NY 11354; Mr. Ernesto Rodriguez Cariben Inc. 144-30 Roosevelt Avenue Suite 606 Flushing NY 11354; Dear Mr. Rodriguez: This responds to your letter of September 22, 1981, asking whether an Federal motor vehicle safety standard precludes the importation or sale of your anti-theft device. The device works by blocking the brakes and electric circuits to the motor. In trucks, the clutch is also blocked. Installation of the device requires cutting into a vehicle's braking system.; By way of background information, the agency does not give approvals o vehicles or equipment. The National Traffic and Motor Vehicle Safety Act places the responsibility on the manufacturer to ensure that its vehicles or equipment comply with applicable requirements. A manufacturer then certifies that its vehicles or equipment comply with all applicable standards. We note that the term 'manufacturer' is defined by section 102(5) of the Act to mean 'any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, *including any person importing motor vehicles or motor vehicle equipment for resale*.' Emphasis added. ; The agency does not have any regulations covering anti-theft device that work by preventing release of the brakes.; However, since installation of your device requires cutting into vehicle's braking system, it may affect a vehicle's compliance with other safety standards.; If your device is added to a new motor vehicle prior to its first sale the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. In the case of your device, this would include Safety Standard No. 105, *Hydraulic Brake Systems* (49 CFR 571.105). You will find the specific certification requirements for alterers at 49 CFR Part 567.7, *Certification*. On the other hand, you as the manufacturer of the device would have no certification requirements, because we have no safety standards applicable to your equipment. However, an alterer would probably require information from you in order to make the necessary certification.; If your device is installed on a used vehicle by a business such (sic) garage, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative the compliance of the vehicle with any safety standard. This is required by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, which states in relevant part:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. . .<<<; Standard No. 105 includes various requirements that might be affecte by installation of your device. We are not able to determine from the drawings included with your letter whether compliance with the standard would be affected. We suggest that you carefully examine all of Standard No. 105's requirements to determine the degree to which installation of your device affects compliance with the standard. Your letter states that when your device is not in use, the vehicle works normally without any interference whatsoever. In addition to requirements specifically concerning stopping performance, the standard also includes requirements related to such things as a split system and the ability to withstand a series of spike stops, which might be affected by your device.; While we do not have any opinion as to the safety of your particula device, we do have a general concern about the safety of anti-theft devices which work by preventing release of the brakes. We note that some manufacturers state in their service manuals that hydraulic brake locking devices should not be used on their vehicles.; Should a safety-related defect be discovered in your device, whether b the agency or yourself, you as the manufacturer would be required under sections (sic) 151 *et seq*. of the Act to notify vehicle owners, purchasers, and dealers and provide a remedy for the defect.; Finally, in addition to the provisions of Federal law discussed above there is a possibility of liability in tort should your device prove to be unsafe in operation. You may wish to consult a local lawyer concerning liability in tort.; Sincerely, Frank Berndt, Chief Counsel |
|
ID: aiam3140OpenHonorable John D. Dingell, House of Representatives, Washington, DC 20515; Honorable John D. Dingell House of Representatives Washington DC 20515; Dear Mr. Dingell: This responds to your recent letter on behalf of your constituent, Mr Donald Edwards. Mr. Edwards asks whether the passenger seat in a 1979 Dodge van is required under Federal law to be equipped with a safety belt.; Your earlier answer to Mr. Edwards was correct. Federal Motor Vehicl Safety Standards require light trucks (including vans) to be equipped with safety belts for each designated seating position. The passenger seat in Mr. Edwards' van would qualify as a designated seating position and would be required to have a safety belt.; Under the Federal certification regulations for motor vehicles, an person who alters a vehicle prior to its first purchase for purposes other than resale is required to place an additional label on the vehicle certifying that, as altered, the vehicle continues to be in compliance with all applicable safety standards (49 CFR 567.7). This provision would apply to the dealer who altered Mr. Edwards' vehicle by adding the passenger seat. The label would certify that the vehicle was still in compliance with all standards, including the safety belt requirements. Since the dealer did not install a safety belt, he probably did not place an alterer's label on the vehicle and he would, therefore, be in violation of the certification regulation. If this is the case, the agency has authority to require the dealer to remedy the noncompliance by installing safety belts on the van. Additionally, the dealer could be liable for civil penalties up to $1,000 for failure to comply with the Federal safety standards and regulations.; If Mr. Edwards has any problems in obtaining the required safety belt after receiving this information, please have him contact our Office of Enforcement at 400 Seventh Street, S.W., Washington, D.C. (202/426-9700).; Sincerely, Joan Claybrook |
|
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.