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: aiam3750OpenMr. Philip H. Wong, Deltana Enterprises, Inc., 12871 S.W. 117 Street, Miami, Florida 33186; Mr. Philip H. Wong Deltana Enterprises Inc. 12871 S.W. 117 Street Miami Florida 33186; Dear Mr. Wong: This responds to your letter to this office asking for information o regulations applicable to the importation of new tires, retreaded tires, and used tire casings from Japan into this country. It is not clear from your letter whether you are interested in importing passenger car tires or tires for use on other motor vehicles. To ensure that you get the information of concern to you, I will discuss the three situations you asked about for both passenger car tires and tires for use on other motor vehicles.; Generally speaking, all tires which are subject to a Federal moto vehicle safety standard must have the symbol 'DOT molded into the sidewall by the manufacturer or retreader, if those tires are to be imported into the United States. This symbol represents a certification by the manufacturer or retreader that the tire complies with all requirements of the applicable safety standard. The importation of any item without the DOT certification symbol on the sidewall would be a violation of 15 U.S.C. 1397(a)(1)(A), and the importer would be subject to a civil penalty of $1000 for each tire he imported without a DOT symbol on the sidewall.; *New passenger car tires*. Section S4.3.1 of Safety Standard No. 10 (49 CFR S571.109) (copy enclosed) requires that all new passenger car tires have the DOT symbol molded into the sidewall by the manufacturer. Tires without this symbol may not legally be imported into this country.; *New tires for use on motor vehicles other than passenger cars* Section S6.5(a) of Standard No. 119 (49 CFR S571.119) (copy enclosed) requires that all new tires for use on motor vehicles other than passenger cars have the DOT symbol molded into the sidewall by the manufacturer. Tires without this symbol may not legally be imported into this country.; *Retreaded passenger car tires*. Sections S6.1 of Standard NO. 117 (4 CFR S571.117) (copy enclosed) requires that all retreaded passenger cars tires have the symbol DOT molded into the sidewall by the retreader. Retreaded passenger car tires without this symbol may not legally be imported into this country.; *Retreaded tires for use on motor vehicles other than passenger cars* No Federal safety standard is applicable to these tires. They may be imported without certification of compliance by the retreader. However, these tires must have a tire identification number marked on the sidewall, per the requirements of 49 CFR Part 574 (copy enclosed), if they are to be legally sold in the United States. It would be a violation of 15 U.S.C. 1397(a)(1)(E) to sell tires without an identification number.; *Used passenger car tires*. 15 U.S.C.d 1397(a)(1)(A) reads in part a follows: 'No person shall...import into the United States...any 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...' The effect of this language is to require that passenger car tires manufactured on or after the date Standard No. 109 took effect (January 1, 1968) be certified as complying with that standard, whether the tire is now new or used. To be legally imported into the United States, used passenger car tires must either have a DOT symbol molded into the sidewall by the original manufacturer or be accompanied by proof that they were manufactured before January 1, 1968.; *Used tires for use on motor vehicles other than passenger cars*. Th same reasoning applied above in the case of used passenger car tires applies to these tires as well. Standard No. 119 took effect on March 1, 1975, so used tires to be imported into the United States must either have a DOT symbol on the sidewall or proof that they were manufactured before March 1, 1975.; Used tires for use on motor vehicles other than passenger cars whic have less than 2/32 inch of tread remaining and which are imported solely for the purpose of being retreaded in this country prior to resale may be imported without a DOT symbol on the sidewall. I have enclosed a copy of a letter to Mr. Roy Littlefield, which explains in detail the requirements of this narrow exception to the requirement that used tires have a DOT symbol on the sidewall to be legally imported.; You also asked for any other information which your supplier might nee to export tires to the United States. I have enclosed a copy of a letter to Mr. Yang Ru-tang, which sets forth the requirements which must be satisfied in order for a foreign manufacturer to export tires to this country.; If you need any further information on this subject, please feel fre to contact me.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1297OpenThomas N. O'Leary, Esq., Messrs. Pain & Julian, 1940 East Camelback, Phoenix, AZ 85016; Thomas N. O'Leary Esq. Messrs. Pain & Julian 1940 East Camelback Phoenix AZ 85016; Dear Mr. O'Leary: In your letter of October 8, 1973, to the Department of Transportatio you ask whether it is true that DOT requires trailer braking systems to have stainless steel conduits rather than copper ones.; Neither the Federal motor vehicle safety standards nor the regulation of the Bureau of Motor Carrier Safety contain such a requirement, and we are unaware of any Federal regulation of this nature.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam3300OpenHonorable John P. Murtha, Member, U.S. House of Representatives, Post Office Building, Room 15, 201 North Center Avenue, Somerset, PA 15501; Honorable John P. Murtha Member U.S. House of Representatives Post Office Building Room 15 201 North Center Avenue Somerset PA 15501; Dear Mr. Murtha: This responds to your recent request for information on behalf of you constituent, Mr. Steve Zufall. Mr. Zufall is interested in the specifications applicable to the manufacture of propane tanks to be used in the conversion of gasoline-powered vehicles. He asked how to obtain 'numbers' to be listed on the tanks and mentioned the designation '4VA-240', which someone had discussed with him.; The enclosed discussion sets forth the implications under Federal la of converting gasoline-powered vehicles to use propane, as well as a general discussion of auxiliary fuel tanks. The applicable statutory authority is the National Traffic and Motor Vehicle Safety Act, as amended 1974 915 U.S.C. 1381, *et seq*.). The discussion first looks at the Federal Motor Vehicle Safety Standard (FMVSS) applicable to fuel systems and then at the defect responsibilities that might be involved. Next, a brief mention is made of the possibility of product liability suits.; There are no requirements under the Federal motor vehicle safet regulations that specify 'numbers' which must be stamped on propane gas tanks. The designation mentioned by Mr. Zufall, 4VA- 240', is actually '4BA-240' and refers to specifications under the Bureau of Motor Carrier Safety regulations relating to fuel systems on commercial vehicles or to tanks used for shipment of propane gas in interstate commerce. These regulations would not apply, however, to tanks or fuel systems on private vehicles. For further information regarding these regulations, Mr. Zufall should contact Mr. W. R. Fiste of the Bureau of Motor Carrier Safety (202-426-0033).; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam2263OpenMr. G.E. Adams, Technical Manager, Dunlop Limited, Engineering Group, Holbrook Lane Coventry CV6 4AA, England; Mr. G.E. Adams Technical Manager Dunlop Limited Engineering Group Holbrook Lane Coventry CV6 4AA England; Dear Mr. Adams: This is in response to your letter of March 17, 1976, requestin information concerning steps which you, as a manufacturer of wheel equipment which will be offered for importation into the United States, must take in order to comply with all applicable National Highway Traffic Safety Administration regulations.; You should be aware of 49 CFR Part 566, *Manufacturer Identification* and 49 CFR Part 573, *Defect Reports*. In addition, Federal Motor Vehicle Safety Standard No. 119, *New Pneumatic Tires for Vehicles Other Than Passenger Cars*, may be of interest to you. Copies of these rules and an information sheet entitled 'Where to Obtain Federal Motor Vehicle Safety Standards and Regulations' are enclosed for your convenience.; Section 110(e) of the National Traffic and Motor Vehicle Safety Act (1 U.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.; The procedural regulations (49 CFR 551.45) for designation of agen pursuant to the Act requires that it include:; >>>(1) A certification by its maker that the designation is binding o Dunlop Limited under the laws, corporate bylaws, or other requirements governing the making of the designation at the time and place where it is made,; (2) The full legal name, principle place of business and mailin address of Dunlop Limited,; (3) Trade names or other designations of origin of the products o Dunlop Limited that do not bear its legal name,; (4) A provision that the designation of agent remain in effect unti with drawn or replaced by Dunlop Limited,; (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.<<<; A copy of the procedural regulation for designation of agent i enclosed for your convenience.; Sincerely, John Womack, Assistant Chief Counsel |
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ID: aiam2799OpenMr. Joe Purko, Director, Bureau of Transportation, Room 4201, City Hall, Los Angeles, CA 90012; Mr. Joe Purko Director Bureau of Transportation Room 4201 City Hall Los Angeles CA 90012; Dear Mr. Purko: This responds to your March 10, 1978, question whether Standard No 121, *Air Brake Systems*, applies to a device that automatically applies to (sic) vehicle's service brakes when a sensing bumper mounted at the rear of the vehicle is tripped by contact with an object during backing maneuver. For purposes of your question, I assume that the vehicle, whether new or used, has been certified to comply with Standard No. 121 prior to installation of the device.; The answer to your question is no. Paragraph S3 (Applicability) o Standard No. 121 states that the standard applies to trucks, buses, and trailers equipped with air brake systems (with some specified exceptions). The standard therefore applies only to vehicles, and does not apply to motor vehicle equipment such as the braking actuator you describe. The vehicle must, of course, conform to Standard No. 121 following installation of the device, if the installation occurs prior to the first purchase in good faith for purposes other than resale.; After the first retail sale, S108(a)(2)(A) of the National Traffic an Motor Vehicle Safety Act (the Act) (15 U.S.C. S1397(a)(2)(A)) prohibits, with one exception, manufacturers, distributors, dealers, and repair businesses from knowingly rendering inoperative devices or elements of design installed in satisfaction on a safety standard such as Standard No. 121.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam2633OpenMr. John A. McLaine, Chief, Automotive Engineering Standards, State of New Jersey, Division of Motor Vehicles, 25 South Montgomery Street, Trenton, NJ 08666; Mr. John A. McLaine Chief Automotive Engineering Standards State of New Jersey Division of Motor Vehicles 25 South Montgomery Street Trenton NJ 08666; Dear Mr. McLaine: This is in reply to your letter of June 28, 1977, to Mr. Vinson of thi office, asking for our comments on the flashing of ambulance headlamps for signaling purposes. You enclosed a copy of a Bulletin dated June 27, 1977, that New Jersey recently sent to its Inspection Stations advising rejection of ambulances equipped with headlamp flashing devices.; Paragraph S4.6(b) of Federal Motor Vehicle Safety Standard No. 10 *Lamps, Reflective Devices, and Associated Equipment,* requires that lamps other than turn signals, hazard warning signals, and school bus warning signals be steady-burning in use, 'except that means may be provided to [automatically] flash headlamps . . . for signaling purposes.' The purpose of the exception was to allow continued use of automatic flashing devices in jurisdictions where it was permitted when the standard was adopted, for without the exception manufacture and sale of vehicles so equipped would have violated the National Traffic and Motor Vehicle Safety Act. The exception provided by S4.6(b) has a preemptive effect only in that a State cannot forbid the sale and registration of a vehicle equipped with a flashing device, but there is no restriction on a State's authority to forbid the use of such mechanisms when it deems it in the interests of traffic safety to do so.; Thus, we have no objection to New Jersey's Bulletin of June 27, 1977. Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam3921OpenMr. D. W. A. Bennett, Managing Director, Pacific Helmets (N.Z.) Ltd., P.O. Box 866, Wanganui, New Zealand; Mr. D. W. A. Bennett Managing Director Pacific Helmets (N.Z.) Ltd. P.O. Box 866 Wanganui New Zealand; Dear Mr. Bennett: This responds to your inquiry about ventilation holes in the front o motorcycle helmets currently being manufactured by other companies. You give the location of these ventilation holes as being between the reference plane and the test line, one inch above that plane, and ask whether these holes are permitted under Standard No. 218, *Motorcycle Helmets*.; Standard No. 218 requires, in paragraph S5.4, that: 'Each helmet shal have a protective surface of continuous contour at all points on or above the test line described in S6.1.3.' In paragraph S6.1.3, this test line is required to be drawn one inch above the reference plane in the frontal portion of the helmet. The continuous contour requirement is important because both the impact attenuation and penetration tests in the standard are performed on the helmet area above the test line. This helmet test area is the shaded area illustrated in Figure 2 of Standard No. 218. Therefore, any ventilation holes located between the reference plane and the test line in the front portion of a helmet would be permitted under the standard, as long as they are not located on or above the test line.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam3472OpenMr. Jerome N. Sonosky, Mr. Mark S. McConnell, Hogan & Hartson, 815 Connecticut Avenue, Washington, DC 20006; Mr. Jerome N. Sonosky Mr. Mark S. McConnell Hogan & Hartson 815 Connecticut Avenue Washington DC 20006; Dear Messrs. Sonosky and McConnell: This is in response to your letter of December 15, 1980, in which yo petitioned the agency to withdraw its recommended definition of 'moped' and to define the vehicle commonly referred to as a 'moped' uniformly throughout the Federal motor vehicle safety standards.; Your first petition requests the withdrawal of the recommende definition of 'moped', which the agency made available as part of its series of recommendations relating to this category of vehicles.; The principal issue relates to the agency's definition of moped as category of vehicles with pedals. In your view, the pedal requirement arbitrarily discriminates against vehicles which lack pedals but are otherwise identical to the vehicles defined in the current recommendations. To evaluate your position, the agency carried out a comparison of moped performance parameters to ascertain whether quantifiable safety differences exist between vehicles with and without pedals. The results of this analysis indicated that there are no significant differences, and the agency has therefore determined that it is appropriate to amend the definition of moped in the recommendation by removing the reference to pedals. In addition, the agency notes that the Economic Commission of Europe (ECE) regulations do not require mopeds to have pedals. Thus, to adopt your proposed definition will also aid international harmonization.; Consequently, the agency will shortly issue an advisory notice to th public of the amended definition, as it appears below, and seek additional public views for a period of thirty days.; >>>'Moped' means a motor-driven cycle whose speed attainable in 1 mil is 30 mph or less, which is equipped with a motor that produces 2 brake horsepower or less. If an internal combustion engine is used, the piston displacement shall not exceed 50 cc and the power drive system shall not require the operator to shift gears.<<<; Your second petition relates to making uniform the various definition of low-horsepower motorcycles found in the Federal motor vehicle safety standards (49 CFR Part 571).; We agree that the time is now ripe to make consistent the variou definitions which apply to mopeds, and will issue shortly a notice of proposed rulemaking to add to 49 CFR 571.3(b) the definition of 'moped' stated above. Likewise, we propose to substitute the term 'moped' for the various phrases which define this class of vehicles in 49 CFR 571.108, 49 CFR 115, and 49 CRF (sic) 571.122. In the case of 49 CFR 567.4(g), the presence of the term 'moped' in 49 CFR 571.3(b) offers sufficient authority to identify a moped on the certification label when appropriate. Since the agency has indicated that it will soon propose rescinding Standard 127, it is unnecessary at this time to propose revisions to that standard.; Along with your petitions, you have asked a number of question relating to current NHTSA regulations. The first four questions and their answers appear below. The remaining two questions, relating to the effects on State law of FMVSS 108 and 127, are being considered separately and will be answered upon our completion of an overall review of the issue of preemption under the National Highway Traffic and Motor Vehicle Safety Act,; Sincerely, Frank Berndt, Chief Counsel Question 1: The present definition of 'motor-driven cycle' is 'motorcycle' with a motor that produces 5 brake horsepower or less. 49 CFR S571.3(1979). Does this mean that a 'motor-driven cycle' must comply with all the regulations that affect motorcycles, unless it is specifically excepted?; Answer: Motor-driven cycles must comply with all regulations that appl to motorcycles unless specifically exempted. If a particular subcategory of motor-driven cycles is exempted, that subcategory of motor-driven cycles need not comply.; Question 2: Federal Motor Vehicle Safety Standard ('FMVSS') 123, 49 CF 571.123 (1979), requires that motorcycles be equipped with footrests at each seating position. If mopeds are subject to this standard, do the pedals on mopeds that are equipped with pedals satisfy the footrest requirement for the operator's seating position?; Answer: Yes. The pedals on the moped serve as footrests even when th moped is being propelled by the engine.; Question 3: FMVSS 123 also requires that motorcycle brake systems b operable either by a right foot control or by handlebar controls. If mopeds are subject to this standard, are mopeds with propulsion pedal operated brake systems in compliance?; Answer: Yes. Since such brakes are operable by the feet, they woul comply with the requirement.; Question 4: FMVSS 127, 49 CFR S571.127 at S.3 (1979) exclude motor-driven cycles from its requirement that each motor vehicle should have a speedometer. FMVSS 123 sets marking and illumination requirements for motorcycle speedometers, 49 CFR S571.123 at S.1, but does not exclude motor- driven cycles. If the manufacturer of a cycle that is excluded by FMVSS 127 decides voluntarily to equip its product with a speedometer, must that speedometer conform with the requirements of FMVSS 123? Must it conform with the requirements of FMVSS 127?; Answer: FMVSS 123 requires that if a motorcycle uses a speedometer that speedometer must meet all requirements of that standard. The fact FMVSS 127 requires certain vehicles to have speedometers does not affect the uniformity requirements of FMVSS 123. Therefore, the manufacturer of motor driven cycles whose maximum attainable speed in one mile is 30 miles per hour or less need not equip such cycles with a speedometer, but if it wishes to do so, the speedometer must comply with FMVSS 123.; |
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ID: aiam3188OpenR. H. Brushwood, The Hartford, Hartford Plaza, Hartford, CT 06115; R. H. Brushwood The Hartford Hartford Plaza Hartford CT 06115; Dear Mr. Brushwood: This is in response to your letter of December 27, 1979, wherein yo asked whether the Hawaii Interim Certificate of Accurace complies with the Federal odometer disclosure regulations. You are correct in believing that it does not. In order to comply it must include a statement that the odometer reading contained therein reflects the actual mileage, the mileage over 100,000, or does not reflect the actual mileage. If you have any further questions, please do not hesitate to write.; Sincerely, John Womack, Assistant Chief Counsel |
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ID: aiam3022OpenMr. Kenneth E. Tobin, Jr., Executive Secretary, Concrete Plant Manufacturers Bureau, 900 Spring Street, Silver Spring, MD 20910; Mr. Kenneth E. Tobin Jr. Executive Secretary Concrete Plant Manufacturers Bureau 900 Spring Street Silver Spring MD 20910; Dear Mr. Tobin: This is in reply to your letter of May 27, 1969, in which you submi information and photographs of mobile concrete plants, and ask whether they are 'motor vehicles' within the meaning of the National Traffic and Motor Vehicle Safety Act, with a view to determining whether comments should be submitted to Docket 1-11, Rear Underride Protection.; The matter of whether pieces such as the subject concrete plants ar motor vehicles within the meaning of section 203(3) of the Act, and also 'trailers' within the meaning of the proposed underride standard, is presently under consideration by this Agency.; We encourage your organization and its members to submit to the docke any materials that they consider relevant to the subject.; Sincerely, Howard A. Heffron, 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.