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: aiam3123OpenMr. Charles F. Finn, Volkswagen of America, 27621 Parkview Boulevard, Warren, MI 48092; Mr. Charles F. Finn Volkswagen of America 27621 Parkview Boulevard Warren MI 48092; Dear Mr. Finn:#This responds to your letter requesting a interpretation of Federal Motor Vehicle Safety Standard 101-80, Controls and Displays. Specifically, you asked whether a 'barely discernible' light on the headlamp control, which is activated when the ignition is turned to the 'on' position, complies with the requirements of the standard. Under S5.3.3, 'any illumination that is provided in the passenger compartment when and only when the headlights are activated shall also be variable ....' Since the light in question is not activated when the headlamps are activated, it need not meet the intensity requirements of S5.3.3.#Sincerely, Frank Berndt, Chief Counsel; |
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ID: aiam2362OpenMr. Mark T. Lerche, President, Sun Control Products of Virginia, Inc., P. O. Box 122, Petersburg, VA 23803; Mr. Mark T. Lerche President Sun Control Products of Virginia Inc. P. O. Box 122 Petersburg VA 23803; Dear Mr. Lerche: This responds to your June 11, 1976, request that Madico sola protective polyester film be 'designated as acceptable' under Ford Motor Company's DOT code number for the Ford product 'Privacy Glass' or, in the alternative, that the Madico product be assigned a separate DOT glazing code number. You state that the Madico film achieves the same effect as 'Privacy Glass' for reduction of solar heat, glare and fading.; Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials* specifies requirements for glazing materials for use in motor vehicles and motor vehicle equipment. Section S6 of the standard outlines the procedures required for certification and marking of glazing materials, to certify that the glazing complies with all the requirements of the standard. Paragraph S6.2 of that section requires certain manufacturers to mark their glazing materials with the 'DOT' symbol and a manufacturer's code number, which is assigned to the manufacturer by the National Highway Traffic Safety Administration upon written request. Each code number is the unique mark of a single manufacturer, and is intended to facilitate the traceability of the glazing to the original manufacturer. Therefore, Ford's code number (DOT - 75 FM-M73) cannot be used by Madico or by another glazing manufacturer or distributor.; Your letter states that the Madico Product is a solar protective fil that is 'bonded or laminated to existing, installed clear glass.' We conclude that this 'protective film' is not glazing material and is not subject to the requirements of Standard No. 205. Therefore, a glazing manufacturer's code number cannot be assigned for the product.; Whether or not the Madico protective film is otherwise subject t Federal Requirements depends upon who uses the product. If a vehicle manufacturer or a dealer places the film on glazing in a vehicle prior to sale of the vehicle, he must certify that the glazing continues to be in compliance with the requirements of Standard No. 205.; On the other hand, the vehicle owner may alter his vehicle as h pleases, so long as he adheres to all State requirements. The owner could install the protective film on glazing in his vehicle whether or not such installation affected compliance with Standard No. 205. It should be noted, however, that section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act of 1966 provides that no manufacturer, dealer, distributor, or motor vehicle repair business shall knowingly render inoperative any device or element of design installed in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard. Therefore, no manufacturer, distributor, dealer or repair business may knowingly install the Madico protective film on a vehicle for its owner in a manner that would destroy the conformity of the glazing with the requirements of Standard No. 205.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam2698OpenMr. Jay D. Zeiler, Akin, Gump, Hauer & Feld, 1100 Madison Office Building, 1155 Fifteenth Street, N.W., Washington, D.C. 20005; Mr. Jay D. Zeiler Akin Gump Hauer & Feld 1100 Madison Office Building 1155 Fifteenth Street N.W. Washington D.C. 20005; Dear Mr. Zeiler: This responds to your September 26, 1977, letter asking severa questions about the applicability of Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars*, to rims modified subsequent to their initial marking by the rim manufacturer.; Standard No. 120, as it applies to rim manufacturers, requires onl that the manufacturer mark the rim with the information outlined in section S5.2 of the standard, The standard does not contain substantive performance requirements for tire rims that would necessitate extensive testing to comply with the requirements.; In cases where your client modifies previously marked rims, he migh have some responsibilities for compliance with the standard. For those rims where the center disc is only added or altered by your client, there would be no requirement for him to provide his own markings on the tire rim. The rim manufacturer's markings would still contain the accurate size information.; For rims that your client modifies by the insertion of a steel plat increasing the dimensions of the rim, he becomes the rim manufacturer, As a rim manufacturer, it is his responsibility to mark the rim with the information listed and in the manner prescribed in S5.2 of the standard. This information includes the DOT symbol which indicates that he has complied with the requirements of Standard No. 120. Since the rim would have been marked initially with a different size, the National Highway Traffic Safety Administration (NHTSA) would require that the first markings be removed from the rim the avoid the possibility of confusion to persons who might read the incorrect size listing. This could result in the mismatching of a tire to the modified rim.; In a conversation between Ms. Maryanne Kane of your office and Mr Roger Tilton of my staff, it was asked whether the NHTSA Standard No, 120 requirements would be applicable to rim manufactured entirely for off-road use. The NHTSA regulates only motor vehicles and motor vehicle equipment. by definition a motor vehicle is a vehicle used on the roads. Accordingly, vehicles designed for off-road use do not fall within the ambit of our regulations. The same is true for equipment designed for use on those off-road vehicles. The determination of whether a vehicle is an off-road vehicle depends upon its use. I have enclosed an interpretive letter that described the criteria for determining what vehicles are motor vehicles under the National Traffic and Motor Vehicle Safety Act (Pub. L. 89-563) (the Act).; You should note further that any time your client undertakes a alteration of a rim, he is performing a manufacturing function that places him within the scope of the Act. Therefore, he would be responsible for any safety-related defects resulting from his manufacturing processes.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam2732OpenMr. Takashi Shimoda, Nichirin Rubber Industrial Co., Ltd., 1118, Sazuchi, Bessho, Himeji, Japan; Mr. Takashi Shimoda Nichirin Rubber Industrial Co. Ltd. 1118 Sazuchi Bessho Himeji Japan; Dear Mr. Shimoda: This responds to your letter dated November 29, 1977, asking about th procedures for obtaining approval of hydraulic brake hoses. Your company is altering the labeling on some of its hose and asks whether the hose must be retested and whether notice of the changes must be given.; The National Highway Traffic Safety Administration (NHTSA) does no approve in advance motor vehicles or motor vehicle equipment. It is up to manufacturers to certify that their products comply with all applicable safety standards and regulations. The NHTSA conducts compliance testing for purposes of enforcement.; It is, therefore, up to your company to decide whether to test its hos according to the procedures specified in Safety Standard No. 106, *Brake Hoses*. The NHTSA only requires that you determine in the exercise of due care that the hose meets all requirements specified in the standard. Further, you do not have to give the NHTSA notice when you change the labeling information on your hose, unless you change the designation identifying your company. In that case, the new designation would have to be filed with the NHTSA according to the specifications of paragraph S5.2.2(b) of Standard 106.; You will have to contact the American Association of Motor Vehicl Administrators directly to determine their requirements for approval and notification following your labeling changes.; Please contact me if our office can be of any further assistance. Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam3820OpenHerbert T. Thrower, Jr., P.E., President, Dotech, Inc., 306 Clanton Road, Charlotte, NC 28210; Herbert T. Thrower Jr. P.E. President Dotech Inc. 306 Clanton Road Charlotte NC 28210; Dear Mr. Thrower: This is in response to your letter of February 14, 1984, to Mr. Vinso of my staff asking 'is there any reluctance on the part of NHTSA to make a patented device a legal option under Federal Motor Vehicle Safety Standard No. 108?'; At present, Standard No. 108 mandates specific items of lightin equipment not optional ones (though 'options' as to matters such as size and shape exist among headlamps which are required items). Instead, NHTSA points out that, pursuant to S4.1.3 optional lighting devices (proprietary or not) are allowable, provided that they do not impair the effectiveness of the lighting equipment the standard requires. When proprietary rights are involved in mandated lighting equipment, manufacturers have been willing to waive their rights.; You have also said that you 'presume that other patented automotiv devices also must have DOT approval before their optional public use is permissible.' I don't know what you have in mind, but under the National Traffic and Motor Vehicle Safety Act, no 'approval' by DOT is necessary to market 'optional' motor vehicle equipment of any sort. Such equipment is subject only to the general requirement that its installation must not affect the compliance of the vehicle with any Federal motor vehicle safety standard.; If you have further questions, please let us know. Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam5018OpenMr. Frank J. Sonzala Senior Vice President International Transquip Industries, Inc. 6131 Brookhill Drive Houston, Texas 77087-1131; Mr. Frank J. Sonzala Senior Vice President International Transquip Industries Inc. 6131 Brookhill Drive Houston Texas 77087-1131; Dear Mr. Sonzala: Thank you for your letter regarding Federal Moto Vehicle Safety Standard No. 121, Air Brake Systems. Your company is a manufacturer of air brake systems and is apparently having difficulty selling your product to vehicle manufacturers because of a compliance issue related to Standard No. 121. I am pleased to provide you the following information. By way of background information, the National Highway Traffic Safety Administration (NHTSA) issues Federal motor vehicle safety standards under the National Traffic and Motor Vehicle Safety Act (Safety Act). The agency does not provide approvals of motor vehicles or motor vehicle equipment. Instead, the Safety Act requires manufacturers to certify that their vehicles or equipment comply with applicable safety standards. Standard No. 121 specifies braking requirements for vehicles equipped with air brake systems. The purpose of the standard is to ensure safe braking performance under normal and emergency conditions. The standard applies only to motor vehicles and not to motor vehicle equipment. Therefore, vehicle manufacturers are responsible for ensuring compliance with the standard, and not brake equipment manufacturers such as ITI. The dispute between ITI and the vehicle manufacturers (you use the term 'original equipment manufacturers') relates to the standard's parking brake requirements. The specific requirement at issue, set forth at S5.6 of Standard No. 121, requires a vehicle's parking brake to meet certain grade holding requirements (or other equivalent requirements) with 'any single leakage-type failure' of certain parts, including service brake chamber diaphragms. The purpose of this requirement is to ensure that a driver can safely park his or her vehicle in the event of a leakage-type failure in the service brake system. Leakage-type failures include such things as ruptured or severed brake hoses and torn diaphragms. Since these types of failures are relatively common in air brake systems, NHTSA believes that it is important that drivers be able to safely secure heavy trucks and other vehicles with such failures, until the vehicles can be repaired. For the purpose of determining whether a vehicle can meet Standard No. 121's grade holding requirements with one particular leakage-type failure, a failed diaphragm, IT would like the standard to be interpreted to cover only a very limited and specific type of failure, i.e., a hole 1/8 inch in size located in a particular place. Your letter states that the vehicle manufacturers generally have a broader view of what constitutes a failed diaphragm, i.e., they believe that failures include holes larger than 1/8 inch. You argue that Standard No. 121 is ambiguous in this area and requests NHTSA to issue an interpretation supporting your position. After reviewing this matter, we can state that the vehicle manufacturers are correct in their understanding that a failed diaphragm is not limited to a diaphragm wit a 1/8 inch hole. Therefore, if a vehicle cannot pass Standard No. 121's grade holding test with a larger hole in a failed diaphragm, the vehicle manufacturer cannot certify that the vehicle complies with the standard. Further, we disagree with ITI's contention that Standard No. 121 is ambiguous as to what constitutes a failed diaphragm. As indicated above, Standard No. 121 specifies that the grade holding requirements must be met with any single leakage-type failure of certain parts, including a failed diaghragm. The usage of the term 'any,' when used in connection with a set of items, is specifically designed at 49 CFR 571.4 as meaning the totality of that set of items, any one of which may be selected by the Administration for testing. Thus, a vehicle must meet the grade holding requirements regardless of the extent of the failure selected by NHTSA for testing. We note that leakage-type failures of many types and sizes can occur in vehicle brake systems. NHTSA intentionally did not limit the size or location of such failures in developing this requirement to ensure that a vehicle has adequate grade holding performance regardless of the specific nature of such a failure. You also asked whether other broken components, such as heavy parking springs, brake shoes, linings, and drums should be part of Standard No. 121's test requirements, since diaphragms are tested when torn. Although NHTSA's brake standards do not have any express test requirements for broken parking springs, brake shoes, linings or drums, those standards include a number of requirements to ensure adequate braking performance in the event of various failure in a vehicle's brake system. We hope that this information is helpful. Sincerely, Paul Jackson Rice Chief Counsel Enclosure; |
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ID: aiam2227OpenMr. Mori Nakashima, Inoue Rubber International Co., Ltd., 301 Mill Rd., P.O. Box 396, Hewlett, New York 11557; Mr. Mori Nakashima Inoue Rubber International Co. Ltd. 301 Mill Rd. P.O. Box 396 Hewlett New York 11557; Dear Mr. Nakashima: I am writing to confirm your telephone conversation with Mark Schwimme of this office on February 25, 1976, concerning tires that you export to the United States and to the Soviet Union.; I understand that you export tires from Japan to the Soviet Union, t be mounted on motorcycles that are in turn exported to the United States. Representatives of the motorcycle manufacturer have requested a certification that the tires comply with Federal Motor Vehicle Safety Standard No. 119, *New Pneumatic Tires for Vehicles Other Than Passenger Cars.* You asked Mr. Schwimmer how to obtain such a certification from the Department of Transportation.; This Department does not certify or otherwise issue advance approval of motor vehicles, tires, or other motor vehicle equipment. Certification, under the applicable law and regulations, must be done by the manufacturer. The symbol 'DOT', molded in the tire sidewall by you, pursuant to S6.5(a), constitutes your certification that your product complies with all applicable Federal motor vehicle safety standards (i.e., in this case, Standard No. 119). If it is subsequently determined that your product does not comply with the standard, then the tires are subject to the notification and remedy provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended. The 'DOT' symbol on the sidewall may very well be the certification that your Soviet customer has in mind.; Please note that Section 110(e) of the National Traffic and Moto Vehicle Safety Act (15U.S.C. S1399(e)) requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his agent, upon whom service of all processes, orders, notices, decisions, and requirements may be made. Our records indicate that Inoue Rubber International Co., Ltd. has not complied with this requirement.; The procedural regulations (49 CFR 551.45) for designation of agen pursuant to the Act requires:; >>>(1) A certification by its maker that the designation is binding o Inoue Rubber International Co., Ltd. under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made,; (2) The full legal name, principal place of business and mailin address of Inoue Rubber International Co., Ltd.,; (3) Trade names or other designations of origin of the products o Inoue Rubber International Co., Ltd. that do not bear its legal name,; (4) A provision that the designation remain in effect until withdraw or replaced by Inoue Rubber International Co., Ltd.,; (5) A declaration of acceptance duly signed by the agent appointed which may be an individual, a firm, or a U.S. corporation, and; (6) The full legal name and address of the designated agent.<<< In addition, the designation must be signed by one with authority t appoint the agent, the signers name and title should be clearly indicated beneath his signature.; Copies of these regulations and of Standard No. 119 are enclosed fo your information and guidance.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5448OpenMs. H. Kristie Jones, President P.J.'s Fabrication, Inc. P.O. Box 880 Stanfield, OR 97875; Ms. H. Kristie Jones President P.J.'s Fabrication Inc. P.O. Box 880 Stanfield OR 97875; "Dear Ms. Jones: This responds to your request for an interpretation o Federal Motor Vehicle Safety Standard No. 115, Vehicle Identification Number (VIN). You explained that P.J.'s Fabrication (P.J.), which manufactures trailers, entered into a contract with Coulson Commander Trailers (Coulson) to manufacture trailers that will be marketed under Coulson's name. Skip Jones of your company has told Dorothy Nakama of my staff that he does not believe Coulson has any manufacturing capability or that Coulson manufactures trailers. You ask whether under Standard No. 115, P.J. assigns the VIN to the vehicles. The answer is yes. S4.1 of Standard No. 115 specifies that 'Each vehicle manufactured in one stage shall have a VIN that is assigned by the manufacturer.' The term 'manufacturer' is defined at 49 U.S.C. 30102(a)(5)(A) as a person 'manufacturing or assembling motor vehicles or motor vehicle equipment.' According to the information provided in your letter, P.J. fits this definition of a manufacturer. Moreover, you also state that 'P.J.'s accepts responsibility for warranty work and quality control to meet DOT specifications.' This statement indicates that P.J. is certifying the trailers' compliance with the Federal motor vehicle safety standards (FMVSS's), as a manfacturer must under our certification requirements. Accordingly, all the information presented to us indicates that P.J. is the trailer manufacturer, and it is therefore appropriate for P.J. to assign the VIN to the trailers. As noted above, you indicate that P.J. is certifying the trailers' compliance with all applicable FMVSS's. Since FMVSS No. 115 applies to the trailers and requires each new trailer to have a VIN, P.J. must assign a VIN to the vehicle in order to correctly certify that the vehicle meets the FMVSS's (namely, FMVSS No. 115). In other words, since the FMVSS's require a VIN, the trailers must have a VIN by the time P.J. certifies the vehicles as complying with the FMVSS's. You also asked which company issues the manufacturer's statement of origin (MSO), that your letter referred to as the 'Certificate of Origin.' Since MSOs are regulated by state law, for information about each state's requirements, you must contact the state's department of motor vehicles. A source of information about each state's requirements is the American Association of Motor Vehicle Administrators (AAMVA), 4600 Wilson Blvd., Suite 1000, Arlington, Virginia 22203. The telephone number for the AAMVA is (703) 522-4200. I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel"; |
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ID: aiam2677OpenMr. James Tydings, Thomas Built Buses, Inc., 1408 Courtesy Road, P.O. Box 2450, High Point, NC 27261; Mr. James Tydings Thomas Built Buses Inc. 1408 Courtesy Road P.O. Box 2450 High Point NC 27261; Dear Mr. Tydings: This responds to your September 15, 1977, letter asking severa questions pertaining to Standard No. 222, *School Bus Passenger Seating and Crash Protection*, and Standard No. 217, *Bus Window Retention and Release*.; You first ask whether side-facing seats installed in school buses fo purposes of transporting handicapped or convalescent passengers are exempted from the requirements of Standard No. 222. The answer to your question is yes. these seats are not considered school bus seats' as that term is defined in S4 of the standard. The remaining forward-facing seats installed in the same bus, however, would be required to comply with all of the requirements of the standard.; In a related matter, you ask what your responsibility would be should non-handicapped passenger use a handicapped passenger seat. The National Highway Traffic Safety Administration (NHTSA) realized when it adopted the limited seating exception applicable to seats for the handicapped that these seats might on occasion be used by non-handicapped passengers. The agency is continuing to study such problems in order to ensure that buses designed to accommodate handicapped passengers provide a sufficient level of safety for all individuals they routinely transport. Standard No. 222 does not place a responsibility upon school bus users to permit only handicapped students to sit in side-facing seats. Of course, any passenger seated in such a seat will not benefit from the protection provided by forward-facing seats that meet the requirements of the Federal standard.; In a final question, you ask whether the position of a wheelchair i close proximity to the rear emergency exit of a bus would violate S5.4.2.1(a) of Standard No. 217. The NHTSA will measure the opening using the described parallelepiped device as the vehicle is constructed in its unloaded condition. Since the wheelchair would not be present when the vehicle was in its unloaded condition, your location of the wheelchair would not violate the standard.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam3965OpenMr. Tom Cooney, Executive Editor, Tire Review, 11 South Forge Street, Akron, Ohio 44304; Mr. Tom Cooney Executive Editor Tire Review 11 South Forge Street Akron Ohio 44304; Dear Mr. Cooney: This responds to your letter to Mr. Steve Kratzke of my staff, askin several questions about the removal of the DOT numbers from the sidewall of tires. In a February 5, 1985 telephone conversation with Mr. Kratzke, you stated that the answers to all of your questions except number 7 should address the situation only for tire dealers and distributors. With that limitation, I have set forth below the answers to each of your questions in the order presented in your letter.; 1. *Under what circumstances, if any, may a DOT number be removed fro a passenger car tire?*; There are no circumstances in which a tire dealer or distributor ca legally remove a DOT number from a passenger car tire. It is unclear when you refer to a 'DOT number' whether you are referring to just the tire identification number required to be on every new and retreaded tire by 49 CFR Part 574, or that identification number together with the DOT symbol. The DOT symbol is required to appear on all new tires for highway use and retreaded passenger car tires as a certification by the manufacturer or retreader that the tire fully complies with the applicable Federal safety standard.; In any case, Standard No. 109, *New pneumatic tires - passenger cars (49 CFR S571.109) applies to all new pneumatic tires for use on passenger cars manufactured after 1948. Section S4.3.1 requires that the symbol DOT be on the tire, and section S4.3.1 requires that the tire identification number be on the tire. Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397 (a)(2)(A)) specifies '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 an...item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard...' By removing the DOT identification number, a dealer or distributor would be knowingly rendering inoperative an element of design on the tire which is included on the tire in compliance with Standard No. 109. Section 109 of the Safety Act (15 U.S.C. 1398) specifies a penalty of up to $1000 for each violation of Section 108. This agency would consider each tire from which the DOT number had been removed to be a separate violation.; 2. *If the answer to question 1 is none, is there any situation in which a passenger car tire can b sold for farm or off- road use provided that the DOT number has been removed?*; There is no situation in which a passenger car tire with the DOT numbe removed can be sold for any purpose. Section S6 of Standard No. 109 reads as follows:; S6 *Nonconforming tires*. No tire that is designed for use on passenge cars and manufactured on or after October 1, 1972, but does not conform to all the requirements of this standard, shall be sold, offered for sale, introduced or delivered for introduction into interstate commerce, or imported into the United States, for any purpose.; A passenger car tire without the DOT number does not conform to al requirements of the standard, so its sale for any purpose is expressly prohibited. A violation of this section would subject the seller to a potential penalty of up to $1000 for each nonconforming tire sold.; 3. *Under what circumstances can tires for use on motor vehicles othe than passenger cars have the DOT number removed and the tires sold for off-road or farm use only?*; This is really a two part question. Again, there are *no* circumstance in which a tire dealer or distributor can legally remove the DOT number from these tires. Standard No. 119, *New pneumatic tires for motor vehicles other than passenger cars* (49 CFR 571.119) applies to these tires. Section S6.5(a) requires the DOT symbol to be on those tires, while section S6.5(b) requires the tire identification number to be on the tires. Section 108(a)(2)(A) of the Safety Act prohibits tire dealers and distributors for removing those symbols from the tire, and the penalty for removing those symbols is up to $1000 for every tire from which the symbols are removed.; Section 108(a)(2)(A) also prohibits manufacturers from removing DO numbers from tires and then selling the tires to distributors as tires for off-road use. It is theoretically possible that a tire dealer or distributor could acquire a small quantity of tires from which the DOT number had been removed by a party other than a manufacturer, distributor, dealer, or motor vehicle repair business. Assuming that a tire dealer or distributor did acquire some of these tires from which the DOT number had been removed, the tires could be sold for off-road use only. This is because Standard No. 119 has no comparable provision to section S6 of Standard No. 109. However, these tires may never legally be sold for used on the public roads (15 U.S.C. 1397(a)(1)(A)). A tire dealer or distributor who acquires tires from which the DOT number has been removed would be well advised to have some written statement to that effect on the sales slip. The purpose of such statement would be to prove that it was not the tire dealer or distributor who removed those numbers. When selling these tires for off-road use, the dealer or distributor should have some means of proving that he or she sold these tires with the caveat that they could only be used off-road. Either of your suggestions in question 4 (noting off-road use only on the sales slip or having the customer sign a document that the tires will only be used off-road) would be helpful for the dealer or distributor.; 4. *If a tire can be sold as described in Question 3, what must a tir distributer or dealer do to sell a tire?*; As noted above, either of your suggestions would be helpful for th dealer or distributor selling tires exclusively for off-road use. What the dealer must be able to do when selling these tires is show that he or she was not selling tires which do not comply with Standard No. 119 for use on the public roads.; 5. *If a tire in Question 4 is sold with no-highway use intended an the customer uses it on the highway, will the tire dealer or distributor be held in violation of the provision provided he met the requirements for noting that the tire was sold for non-highway use only?*; If a tire dealer or distributor can show that he or she did not remov the DOT numbers from the tires and that he or she sold the tires with the express understanding that the tires could not be used on the public roads, the dealer or distributor would not have violated any Federal requirements.; 6. *Is it possible that if the tire in Question 5 fails on the highwa and causes property or personal injury as a result that the tire dealer or distributor could be held liable for the damages or injuries? Even if he did not mount the tire on a rim for the customer?* This is a question of state law, which I cannot answer. However, I can say that it would be helpful for the dealer or distributor to have some proof that the customer was clearly told that these tires did not comply with the applicable Federal safety standard and could not be used on the public roads.; 7. *Who, if anyone, is allowed to remove DOT numbers?* a) A tire manufacturer may remove DOT numbers from its tires, as a wa of showing those tires do not satisfy the applicable standard Once a manufacturer does this, this tires may not legally be sold.; b) A retreader may remove the DOT numbers on the casing he or she i retreading. The retreader is generally required to mark its own identification number on each tire it retreads.; c) Once a tire has been sold for purposes other than resale, any perso or entity, *other than a manufacturer, distributor, dealer, or motor vehicle repair business,* may remove any or all markings from the tire.; 8. *If a retreader is allowed to remove DOT numbers, is he required t replace the removed number with his assigned DOT shop code number?*; Generally speaking, the retreader is required to permanently mark tire identification number on the sidewall of each tire it retreads. 49 CFR 574.5 specifies: 'Each tire retreader...shall conspicuously label one sidewall of each tire he retreads by permanently molding or branding into or onto the sidewall...a tire identification number...' There are two minor exceptions to this provision. A tire retreader who retreads tires for his own use is not required to mark a tire identification number on those tires. Also tires which are retreaded exclusively for mileage contract purchasers are not required to bear the retreader's tire identification number if the tire contains the phrase 'for mileage contract use only' molded into or onto the tire sidewall. In all other instances, a retreader must mark its tire identification number on each tire it retreads.; 9. *Tire definition: since many tire sizes and styles are use interchangeably from passenger cars to light trucks and vans, especially mini-vans, how will the DOT decide whether Standard No. 109 or 119 applies to a case of DOT number removal and subsequent sale for off-road use?*; In the process of certifying their tires, manufacturers indicat whether that tire size is designated primarily for use on passenger cars or primarily for use on light trucks and multipurpose passenger vehicles (vans). This is occasionally done by an individual manufacturer for a particular tire size, but is most often done through the publications of standardization organizations. (A standardization organization is a voluntary association composed of representatives of each of the member tire companies. The purpose of these standardization organization is to establish and promulgate sound engineering standards for tires, rims, and their allied parts.) The agency uses these listings to determine whether a tire is certified for compliance with Standard No. 109 or No. 119. If you have any questions about particular tire sizes, you may wish to contact the American standardization organization, The Tire an Rim Association, at 3200 West Market Street, Akron, Ohio 44313.; 10. *Since DOT requires certain information to appear on the sidewal of the tire, whether passenger car or other type, what, if anything can be removed from the sidewall?*; A tire dealer or distributor can never legally remove any of th required information from the sidewall of tires. In the case of passenger car tires, the following information is required to appear on the sidewall: The size designation, maximum permissible inflation pressure, maximum load rating, the generic name of each cord material used in the plies of the tire, the actual number of plies in the sidewall and in the tread, the words 'tubeless' or 'tube type', the word 'radial' if the tire is a radial tire, the DOT symbol, the name of the manufacturer or the brand name, and the identification number. In the case of tires for use on motor vehicles other than passenger cars, the following information is required to appear on the sidewall: the DOT symbol, the tire identification number, the tire size designation, the maximum load rating and corresponding inflation pressure, the speed restriction of the tire if 55 mph or less, the actual number of plies and the composition of the ply cord material in the sidewall and in the tread, the word 'tubeless' or tube type', the word 'regroovable' if the tire is designed for regrooving, the word 'radial if the tire is a radial tire, and the letter designating the load range of the tire. Removal of any of these required items of information by a tire dealer or distributor would be a violation of section 108(a)(2)(A) of the Safety Act, as explained above in my answer to Question 1.; 11. a.*If a dealer is removing DOT numbers from tires then sellin those tires to a distributor who sells them to another dealer for resale to the customer, who is in violation of the Federal requirements?*; The answer to this question depends on whether the tires are for use o passenger cars or other motor vehicles. If the tires are passenger car tires, both dealers and the distributor have violated Federal requirements. The dealer removing the DOT numbers has violated Section 108(a)(2)(A) of the Safety Act, as explained in the answer to Question 1 above. The distributor and dealer selling tires which do not comply with the requirements of Standard No. 109 have violated section 108(a)(1)(A) of the Safety Act, as explained in the answer to Question 11.b below.; If the tires are for other motor vehicles, the dealer removing the DO numbers has violated section 108(a)(2)(A) of the safety Act. If the tire distributor and the dealer selling the tires to a customer can show that neither one removed the DOT numbers and that the tires were sold with the express understanding that they could not be used on the public roads, neither has violated any Federal requirement.; b. *If a customer buys tires with no DOT number and takes them t another dealer for mounting on his car, is that dealer in violation of Federal requirement because he mounted the tires, even though he did not sell them?*; Since this question deals with passenger car tires, a dealer mountin tires without DOT number would be in violation of Federal law. Section 1089a)(1)(A) of the Safety Act specifies, ' No person shall manufacture for sale, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the Unite States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard...' A tire is an item of motor vehicle equipment, and a passenger car tire without DOT numbers is not in compliance with Standard No. 109. We have stated in previous interpretations that the use of noncomplying tires on pubic roads is an introduction of those tires in interstate commerce, and therefore a violation of this provision of the law. A dealer mounting noncomplying tires on a passenger car would also be considered to be introducing those tires into interstate commerce, and, therefore, also in violation of this provision.; 12. *Please sum up the intent of Standards No. 109 and 119 and indicat if the tire dealer or distributor has an obligation to report to DOT any tire dealer who is removing DOT number and/or other required sidewall information and then selling these tires. Also indicate how this would be done and what steps would follow?*; Standards No. 109 and 119 are intended to provide the tires purchase with necessary information for the safe operation of those tires on the purchaser's vehicle. Tire dealers and distributors cannot remove this information from the sidewall of the tires.; A tire dealer or distributor does not have a legal obligation to repor violations of these requirements, although we would appreciate if they did so. NHTSA prefers reports of violation to be in writing and addressed to: NHTSA, Office of Vehicle Safety Compliance, 400 Seventh Street, S.W., Washington, DC 20590. If for some reason the report cannot be made in writing, a person who suspects a violation of the requirements should telephone Mr. James Gilkey at (202) 426- 2834. When the agency learns of a violation, normal enforcement procedures are begun. First, the agency investigates to see if the allegations of violations are true. If the investigation concludes that there are violations, proceedings to collect the civil penalties are instituted against the violator. As noted above, a tire dealer or distributor removing DOT number from tires would face penalties of up to a maximum of $800,000 if the dealer or distributor had removed the DOT number for 800 or more tires.; If you have any further questions on this subject please contact Mr Kratzke a the above address or by telephone at (202) 426-2992.; Sincerely, Jeffrey R. Miller, 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.