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: aiam1648OpenMr. John C. Hansen, Sales Manager, Columbia Body & Equipment Co., 123 N. E. Oregon Street, Portland, OR 97232; Mr. John C. Hansen Sales Manager Columbia Body & Equipment Co. 123 N. E. Oregon Street Portland OR 97232; Dear Mr. Hansen: This responds to CBE's October 24, 1974, question whether a traile equipped with a telescoping drawbar that varies the distance between axles to conform to various State regulations would qualify as a 'Heavy hauler trailer' as that term is defined in Standard No. 121, *Air brake systems*:; >>>'Heavy hauler trailer' means a trailer with one or more of th following characteristics:; (1) Its brake lines are designed to adapt to separation or extension o the vehicle frame, or; (2) Its body consists only of a platform whose primary cargo-carryin surface is not more than 40 inches above the ground in an unloaded condition, except that it may include sides that are designed to be easily removable and a permanent 'front-end structure' as that term is used in S 393.106 of this title.<<<; The answer to your question is no. The extension of the drawbar is no an 'extension of the vehicle frame.' This characteristic is intended only to describe trailers whose function necessitates a highly specialized configuration that significantly interferes with brake design. In contrast the telescoping drawbar is not related to the trailer's function, but simply permits the vehicle to conform to State highway regulations.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam3675OpenSherrod Vans, Inc., 9485 Regency Square Blvd., Suite 330, Jacksonville, FL 32211; Sherrod Vans Inc. 9485 Regency Square Blvd. Suite 330 Jacksonville FL 32211; Dear Sirs: This responds to your recent letter asking for confirmation that you d not have to install seat belts on a sofa/bed used in your van conversions if you place a 'disclaimer' on the sofa to indicate that it is not to be considered a seat while the vehicle is in motion.; Your assumption is incorrect. You must install seat belts on these sof seats. Safety Standard No. 208, *Occupant Crash Protection*, requires the installation of either Type 1 (lap belts) or Type 2 (combination lap and shoulder belts) belts at each designated seating position in a van, including rear-most seats. Under 49 CFR Part 571.3, 'designated seating position' is defined as,; >>>'any plan view location capable of accommodating a person at leas as large as a 5th percentile adult female, if the overall seat configuration and design and vehicle design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats. Any bench or split-bench seat in a passenger car, truck or multi-purpose passenger vehicle with a GVWR less than 10,000 pounds, having greater than 50 inches of hip room (measured in accordance with SAE Standard J1100(a)) shall have not less than three designated seating positions, unless the seat design or vehicle design is such that the center position cannot be used for seating.'<<<; In our opinion, a sofa seat in the rear of a van is likely to be use as a seating position while the vehicle is in motion and, therefore, is a designated seating position. The fact that the seat converts to a bed is irrelevant. This will not prevent passengers from using the position for seating when the accommodation is in its unconverted, sofa mode.; A manufacturer cannot escape the responsibilities associated with designated seating position simply by placing a sticker on the seat disclaiming that the position is to be used. If this were the case, manufacturers would be able to place stickers on all seats in vehicles and avoid the requirements for seat belts entirely. It is true that Safety Standard No. 207, *Seating Systems*, requires seats not designated for occupancy while the vehicle is in motion to be conspicuously labeled to that effect (paragraph S4.4). However, this labeling requirement is only applicable to positions that do not qualify as designated seating positions under 49 CFR 571.3. For example, folding jump seats are not considered designated seating positions under the definition. Therefore, these seats should be labeled as required by Standard No. 207.; In our opinion, you would be able to omit seat belts in this case onl if the structure was a permanent, stationary bed which could not be converted into a sofa. Also, please note that under the definition of designated seating position, you would be required to install at least three sets of seat belts if the sofa has hip room greater than 50 inches.; I hope this has eliminated any misunderstanding you may have ha concerning this matter. If you have any further questions, please contact Hugh Oates of my staff (202-426-2992).; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam2967OpenMr. Carmen D. DeLeone, President, Derbi Motor Corporation of America, 23011 Alcalde Drive, Suite A, Laguna Hills, California 92653; Mr. Carmen D. DeLeone President Derbi Motor Corporation of America 23011 Alcalde Drive Suite A Laguna Hills California 92653; Dear Mr. DeLeone: This is in reply to your letter of January 29, 1979, asking for a interpretation of Federal Motor Vehicle Safety Standard No. 123, *Motorcycle Controls and Displays*, as it pertains to Derbi Variant Mopeds. you have asked whether the Derbi's manual fuel shut-off control meets the requirements of the standard.; Table 1 of the standard specifies the location and method of operatio of the equipment items listed therein. For the manual shut-off control (Item 7), no location is specified. The method of operation set forth, however, is that the control must point forward to indicate 'Off,' downward for 'On,' and upward for 'Reserve' (if provided). This requirements appears intended for a control mounted vertically, such as on the side of the vehicle. A standardized operating method for a vertical mounted control is in the interest of safety since the operator will not be able to read its legends while seated at the primary controls.; "However, on the Derbi, the manual fuel shut-off control is mounte horizontally on the frame connecting the front and rear parts of the machine and in a position that appears to be visible to an operator seated at the controls. You have attempted to identify j it in the manner specified by the standard. We are of the opinion that, until Standard No. 123 specifies that the control be vertically mounted, the Derbi control may be located and identified as you have depicted it."; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam1218OpenMr. D. Black, Technical Director, Alfa Romeo, Inc., 250 Sylvan Avenue, Englewood Cliffs, NJ 07632; Mr. D. Black Technical Director Alfa Romeo Inc. 250 Sylvan Avenue Englewood Cliffs NJ 07632; Dear Mr. Black: This is in response to your letter of August 9, 1973, in which yo inquire whether Alfa Romeo may add to the consumer information 'handouts' for prospective purchasers, required by NHTSA regulations, the consumer information required by the Environmental Protection Agency.; As long as the information required by NHTSA is presented in conformit with 49 CFR Part 575, we have no objection to the inclusion within the same covers of additional information relative to EPA requirements.; The wall posters you mentioned are not required by our regulations, s you may do with them as you please.; Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam3225OpenMr. Ronald A. Irvine, Lombard, Gardner, Honsowetz & Brewer, 915 Oak Street, Suite 200, Eugene, Oregon 97401; Mr. Ronald A. Irvine Lombard Gardner Honsowetz & Brewer 915 Oak Street Suite 200 Eugene Oregon 97401; Dear Mr. Irvine: This responds to your letter of February 8, 1980, on behalf of you client, Ideal Welding and Machine Company. That company intends to market a one-piece unit coupling device for the connection of electrical and air-brake lines on tractor- trailers. You ask whether Safety Standard No. 106-74, *Brake Hoses* (49 CFR 571.106-74), would be applicable to this device.; The device described in your letter would not be considered a brak hose assembly or a brake hose end fitting. Rather, according to the drawings enclosed in your letter, a completed brake hose assembly with its own end fitting would be attached to the coupling device, similar to the attachment of a completed assembly to a manifold. Therefore, certification of compliance with Safety Standard No. 106-74 would not be required. This answer dispenses with your remaining questions concerning certification.; Although there are no Federal safety standards applicable to a devic such as you describe, it is a piece of motor vehicle equipment. Under the national traffic and motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1381), a manufacturer of motor vehicles or motor vehicle equipment is responsible for any safety related defects that may exist in its products. The manufacturer would have to notify purchasers of any such safety related defects and remedy the defects at its own expense (15 U.S.C. 1411, *et seq.*). Therefore, your client should ascertain through testing or other means that there are no safety problems with its coupling device. Obviously, this is particularly important with any system involving vehicle braking.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam2064OpenMr. John H. Elgin, Continental Hydraulic Hose Corp., State Route 182 East, P.O. Box 277, Upper Sandusky, Ohio 43351; Mr. John H. Elgin Continental Hydraulic Hose Corp. State Route 182 East P.O. Box 277 Upper Sandusky Ohio 43351; Dear Mr. Elgin: #This responds to your letter of August 28, 1975 concerning the banding requirement of Federal Motor Vehicle Safety Standard No. 106-74, *Brake Hoses*. #Notice 18 (40 FR 38159, August 27, 1975) amended the standard to facilitate the depletion of inventories of brake hose, end fittings, and assemblies which do not meet certain labeling requirements. With regard to the assembly banding requirement, the amendment merely extends the period during which vehicle manufacturers may use unbanded assemblies which were manufactured before March 1, 1975. There is no change in the requirement that assemblies manufactured on and after that date (other than those assembled and installed by a vehicle manufacturer in vehicles manufactured by him) be labeled with a band as specified in S5.2.4 of the standard. #Sincerely, Frank A. Berndt, Acting Chief Counsel; |
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ID: aiam0059OpenMr. Dick Romney, Sales Manager, Utility Body Company, 901 Gilman Street, Berkeley, CA 94710; Mr. Dick Romney Sales Manager Utility Body Company 901 Gilman Street Berkeley CA 94710; Dear Mr. Romney: This is in response to your letter of March 7, 1968 in which you aske if your company, a manufacturer of truck bodies and truck equipment that installs its product on a chassis furnished by a dealer or the ultimate user, its required to certify that 'the completed package, *including the chassis*, meets Standard 108?'; Under the National Traffic and Motor Vehicle Safety Act of 1966, yo are responsible for completing the vehicle so that it meets applicable standards. This means the vehicle should be assembled in a way that will not disturb existing compliance, and that portion of the vehicle you add must comply with any applicable standard.; This is a duty separate from certification. You are required to certif compliance under section 114 of the Act only if you deliver a completed vehicle to a distributor or dealer, and the certification would be as to all standards applicable to the vehicle, including Standard 108.; Sincerely, Robert M. O'Mahoney, Assistant Chief Counsel |
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ID: aiam4919OpenMr. Gene Byrd Legris Incorporated 244 Paul Rd. Rochester, N.Y. 14624; Mr. Gene Byrd Legris Incorporated 244 Paul Rd. Rochester N.Y. 14624; Dear Mr. Byrd: This responds to your September 23, 1991 letter askin about the air pressure requirement specified in S7.3.8 of Standard 106, Brake Hoses. Your letter has been referred to my office for reply. Paragraph S7.3.8 states that an air brake hose assembly shall contain air pressure of 200 psi for 5 minutes without loss of more than 5 psi. You ask whether Standard 106 specifies the length of the hose for an assembly tested to S7.3.8. The answer is no, the standard does not have a generic specification for hose length. Instead, each brake hose assembly is required to meet this requirement as manufactured and sold. For purposes of compliance testing, NHTSA obtains a brake hose assembly specimen by purchasing it on the market or directly from the manufacturer. The length of the hose might vary from assembly to assembly, depending on the particular configuration of an assembly. The assembly is tested as sold to obtain performance results that indicate the assembly's real world performance. While S7.3.8 is a performance requirement for assemblies, we understand that your company (an end fitting manufacturer) seeks to ensure that an assembly made with your fitting will not fail to meet S7.3.8 due to the fitting. Since an assembly is tested to S7.3.8 in the configuration in which it is sold, you could test to the requirement using the length of hose that will be used with your fitting. Legris might be able to avoid duplicative tests by conducting 'worst case' testing, such as tests using a fitting with a hose of a length most likely to exhibit an excessive loss of air pressure. Please contact us if you have further questions. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam2434OpenMr. David Gans, President, Gans Tire Co., Inc., 1003 Broadway, Chelsea, MA 02150; Mr. David Gans President Gans Tire Co. Inc. 1003 Broadway Chelsea MA 02150; Dear Mr. Gans: This responds to your October 12, 1976, question whether th manufacturer recordkeeping requirements of S 574.7 of NHTSA regulations (49 CFR Part 574) may be fulfilled by a tire importer by one or both of the following arrangements: the purchaser records of tires manufactured by company B abroad and imported by Gans would be maintained by company A, the purchaser records of tires manufactured by Company B abroad and imported by Gans would be compiled by Gans but maintained by company B.; Either of these arrangements is acceptable under the language of 574.7(b), which provides that '[e]ach tire manufacturer shall record and maintain or have recorded and maintained for him, the information specified. . . .' this language permits the designation of a person other than the tire manufacturer to maintain the required records. Despite this designation, of course, the ultimate responsibility for maintenance would lie with the importer that qualifies as the manufacturer in the situation you describe.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam0409OpenDavid J. Humphreys, Esq., Recreational Vehicle Institute, Suite 406, 1140 Connecticut Avenue, Washington, DC 20006; David J. Humphreys Esq. Recreational Vehicle Institute Suite 406 1140 Connecticut Avenue Washington DC 20006; Dear Mr. Humphreys: By letter of May 26, 1971, you requested our interpretation of S7.2. of Standard No. 208, Occupant Crash Protection, as it affects motor homes and campers that have a forward control configuration. The section provides that forward control vehicles under 10,000 pounds GVWR manufactured after August 15, 1977, may continue to use seat belt assemblies and need not provide passive protection, but that motor homes and vehicles carrying chassis-mount campers must provide passive protection, at least in head-on impacts. Your question is whether a motor home or chassis-mount camper that is also a forward control vehicle must provide passive protection.; The exemption granted by S7.2.3 to forward control vehicles was base on the difficulties inherent in providing adequate passive protection for such vehicles, regardless of their anticipated use. If a forward control vehicle is manufactured in the form of a motor home or camper, the exemption continues to apply and such a vehicle would not be required to conform to the passive protection requirements of S4.1.2.2.; Please advise us if you have further questions on this subject. Sincerely, Lawrence R. Schneider, Acting 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.