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: aiam4625OpenMr. George A. Van Straten President Van Straten Heated Tail Light Co. Inc. Route l, Box 224 Baraga, MI 49908; Mr. George A. Van Straten President Van Straten Heated Tail Light Co. Inc. Route l Box 224 Baraga MI 49908; Dear Mr. Van Straten: This is in reply to your letter of July 12, l989 to this Office, requesting a copy of any agency correspondence with Thomas Gravengood, as well as an interpretation of Federal requirements as they apply to heated motor vehicle lamps produced by your company. Your company manufactures 'heated lights' which are intended to melt snow that accumulates on them in the winter months. In Mr. Gravengood's letter of April 3, l989, to us he stated: 'All lights, lenses, and materials to assemble the heated safety lights have already been certified and passed the Motor Vehicle Safety Standard No. 108. We have been advised by the National Highway Traffic Safety Administration that there is no motor vehicle safety standard no. for heated lights. In order for us to do business at the O.E.M. level we require a letter of approval from you to us that we may pass on to our customers so they may start ordering and we may start producing.' We have no authority to 'approve' or 'disapprove' items of motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, an equipment manufacturer 'approves' each of its own products that are subject to a Federal motor vehicle safety standard by certifying that it meets all applicable Federal motor vehicle safety standards, or (if it is a vehicle manufacturer), that the vehicle on which the lamp is installed, complies with the standards. However, we can advise you of the relationship of your product to Standard No. 108. This should prove helpful in dealings at the O.E.M. level. There are two types of O.E.M. lighting equipment: lamps that are required by Standard No. 108, and supplementary lamps that do not come under its coverage. Although your product literature indicates that the highmounted heated taillamp supplements the original equipment lamp, it is not clear whether the heated signal lamp serves as the required signal lamp or is a supplement to the original equipment. Accordingly, this letter discusses how Standard No. 108 treats both original required and original supplemental lighting equipment. If you are the manufacturer of original lighting equipment required by Standard No. 108, but not the manufacturer of the vehicle on which it is installed, the vehicle manufacturer, and not you, has the legal responsibility under the Act and Standard No. 108 of ensuring that the equipment complies with the standard, and of certifying that the vehicle meets all applicable Federal motor vehicle safety standards. As a practical matter, however, vehicle manufacturers generally insist that equipment manufacturers provide assurance that their products meet Federal standards, but the 'certification' they may insist upon is not required by the Act. You are correct that there is no standard that applies to heated lamps as such. The Federal standard that applies is the one imposed by Standard No. 108 for the particular equipment item (taillamps or signal lamps in this instance). If you are manufacturing a lamp as an original equipment supplement to required original lighting equipment, the burden remains on the vehicle manufacturer who installs it. The only restriction on a supplementary lamp that Standard No. 108 imposes is that it not impair the effectiveness of the required lighting equipment (paragraph S5.1.3, formerly paragraph S4.1.3). Your lamps 'splice into' the wiring for the taillamps and 'marker lamps', according to your product literature. Therefore, it is incumbent upon the vehicle manufacturer to ensure that this installation does not negatively affect the performance of the required taillamps and signal lamps, or otherwise impair its effectiveness. If the vehicle manufacturer determines that no impairment exists, then it may certify that its vehicles comply with all applicable Federal motor vehicle safety standards. Observing that the product literature depicts the heated taillamp installed in the upper corners of a school bus body, we must also call attention to an additional provision of Standard No. 108. The location depicted is one that is frequently used for the clearance lamps required by Standard No. 108. Paragraph S5.4 of Standard No. 108 (formerly S4.4) forbids the optical combination of clearance lamps and taillamps. Thus, your lamp cannot optically combine these two functions if it is to be used as new vehicle equipment. Other enclosures to your letter indicate that at present the heated lamp is being installed on buses in use, that is to say, as non-original equipment. The requirements imposed by Standard No. 108 and the Act for aftermarket manufacturers of lighting equipment differ from those for original equipment. If the lamp you produce is intended to replace an original equipment certified lamp, it is considered replacement equipment. As a manufacturer of a replacement taillamp or signal lamp, the legal obligation to produce a complying equipment item falls squarely upon you, as does the certification responsibility. If the lamp is intended only to replace a supplemental lamp, you are not required to certify. However, there may be instances in which your lamp is interchangeable with original certified equipment, and even though you may not intend it as replaceable lighting equipment, you may encounter questions from state and federal authorities if it is not manufactured and certified in accordance with Standard No. 108. Finally, you should be aware of your responsibilities under the Act in the event that your products do not comply with Standard No. 108, or incorporate a safety related defect (an example would be the inability of the lens to withstand the heat produced during the lamp's operation without warping or cracking). If you or this agency determine that a noncompliance or safety related defect occurs in any item of replacement equipment that you manufacture, you have the obligation to notify purchasers, and to remedy the problem through repair, repurchase, or replacement of the item. With respect to original equipment, this obligation falls upon the manufacturer of the vehicle on which it is installed. If you have any further questions we shall be happy to answer them. As you requested, we are enclosing a copy of Mr. Gravengood's letter of April 3. Sincerely, Stephen P. Wood Acting Chief Counsel; |
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ID: aiam0666OpenMr. L. D. Brown, Manager Truck Tank Division, Renick & Mahoney Division, Garsite Products, Inc., 10 E. Grand Bouldvard (sic), Deer Park, L.I., NY 11729; Mr. L. D. Brown Manager Truck Tank Division Renick & Mahoney Division Garsite Products Inc. 10 E. Grand Bouldvard (sic) Deer Park L.I. NY 11729; Dear Mr. Brown: This is in reply to your letter of March 8, 1972, concerning th application of Federal standards and regulations to airport refuelers. In a conversation with Michael Peskoe of this office on March 30, 1972, you amplified certain questions you asked in your letter, which are dealt with below.; Initially, you asked whether the Federal motor vehicle safety standard apply to airport refuelers. In the conversation of March 30, you indicated that these refuelers are similar to most tank trucks, and that while operated on or about airports, may frequently be driven on public roads such as perimeter roads between oil tanks and the airport. We would consider these vehicles to be motor vehicles within the National Traffic and Motor Vehicle Safety Act because of their use on public roads, and would consider them to be trucks under the motor vehicle safety standards.; Your second question concerned the fact that, at present, curb weight of chassis furnished to you are not accurately reflected by the manufacturer's specifications, the latter generally being lower than the former. We indicated to you in our phone conversation that the Certification requirements which became effective January 1, 1972, will eliminate this problem by requiring manufacturers to provide gross vehicle and axle weight ratings.; Your third question concerns a chassis which you ordered before th Certification regulations became effective, on which you planned to install a specific tank. The chassis has now been delivered, and it has a GAWR for the rear axle which is 400 pounds less than the weight of the fully loaded tank. While the establishment of both GVWR and GAWR for the vehicle when completed is the responsibility of your company as the final-stage manufacturer, we would consider mounting the tank on this chassis without modifying the latter to accommodate the additional load to raise substantial questions as to the safety of the completed vehicle. If the chassis cannot be modified, we strongly recommend against installing the tank on it.; You ask how you can recognize chassis that have been manufactured afte January 1, 1972. Each such chassis, if an incomplete vehicle under the regulations, must be delivered to you with an 'incomplete vehicle document' specifying the date of manufacture. A chassis-cab manufactured before that date must bear a label stating its date of manufacture.; Finally, you ask whether in some situations the chassis manufacture can become the final-stage manufacturer. Sections 567.5 and 568.8 of the regulations provide for a situation where an incomplete vehicle manufacturer may assume all responsibility for the vehicle under the National Traffic and Motor Vehicle Safety Act. In such a case the incomplete vehicle manufacturer will have the responsibility for certification otherwise borne by the final-stage manufacturers.; We are pleased to be of assistance. Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam3949OpenRuss L. Bomhoff, Precision Pattern, Inc., 1643 S. Maize Rd., Wichita, KS 67209; Russ L. Bomhoff Precision Pattern Inc. 1643 S. Maize Rd. Wichita KS 67209; Dear Mr. Bomhoff: Thank you for your letter of April 18, 1985, concerning th applicability of our safety standards to a passenger van you are designing. Specifically, you asked whether you can install a stationary, side-facing passenger seat with lap safety belts. As discussed below, you can use such a seat with a lap safety belt, but its use would be affected by Federal Motor Vehicle Safety Standards Nos. 207, *Seating Systems*, 208, *Occupant Crash Protection*, 209, *Seat Belt Assemblies*, and 210, *Seat Belt Assembly Anchorages*. A copy of each of those standards is enclosed.; Standard No. 207 specifies performance requirements for seats, thei attachment assemblies, and their installation, to minimize the possibility of seat failure resulting from crash forces. This standard is applicable to seats installed in vehicles including vans, but section 4.2 of Standard No. 207 excludes side-facing seats from the general seat strength requirements of the standard. However, there are other requirements in the standard which may apply to side-facing seats. For example, paragraph S4.3 requires a restraining device if the seat has a hinged or folding seat or seat beck.; Standard No. 208 sets requirements for the installation of safety belt in motor vehicles. You stated that the vehicle you are designing is a passenger van that carries under 10 passengers. If your vehicle carries a total of 10 persons (9 passengers and a driver) it would be considered either a multipurpose passenger vehicle (MPV), if it is manufactured on a truck chassis or has special features for occasional off-road use, or a passenger car.; If your vehicle is a passenger car, section 4.1.3(c) of the standar provides that each designated seating position for rear passengers can have a Type 1 (lap) or Type 2 (lap/shoulder safety belt) that conforms with Standard 209 and the adjustment and latch mechanism requirements of S7.1 and S7.2 of Standard No. 208. If your vehicle is a MPV, then S4.2.2, for MPV's with a GVWR greater than 10,000 pounds or less, or S4.3, for MPV's with a GVWR greater than 10,000 pounds, provides that each designated seating position for rear passengers can have a Type 1 or Type 2 safety felt that conforms to Standard No. 209.; Standard No. 210 sets performance requirements for safety belt anchorages in passenger cars, MPV's, trucks, and buses. The standard exempts side-facing seats from its strength requirements specified in S4.2, but all other requirements of the standard apply to side-facing seats. We strongly recommend that belt anchorages for side-facing seats be of at least equivalent strength to the anchorages for forward and rearward facing seats, since the strength specifications are only minimum performance requirements.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam1974OpenMr. Robert L. Asbury, President, Premier Seat and Accessory Co., 2350 Pleasant Avenue, Hamilton, OH 45015; Mr. Robert L. Asbury President Premier Seat and Accessory Co. 2350 Pleasant Avenue Hamilton OH 45015; Dear Mr. Asbury: This is in response to your letter dated March 25, 1975, requesting a opinion as to whether safety helmets for firemen are covered by Federal Motor Vehicle Safety Standard No. 218, *Motorcycle Helmets*.; The answer to your question is no. Firemen's helmets are not designe primarily to protect their wearers in the event of a motor vehicle accident, but are intended to provide protection from falling debris and sparks while firefighting. Consequently, different design criteria apply and the designs commonly used differ rather greatly in appearance and performance from most motorcycle helmets.; Sincerely, James C. Schultz, Chief Counsel |
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ID: aiam5464OpenMr. Yoshiaki Matsui Manager, Legal & Homologation Section Stanley Electric Co. Ltd. 2-9 13, Nakameguro, Meguro-ku Tokyo 153, Japan; Mr. Yoshiaki Matsui Manager Legal & Homologation Section Stanley Electric Co. Ltd. 2-9 13 Nakameguro Meguro-ku Tokyo 153 Japan; "Dear Mr. Matsui: We have received your letter of November 16, 1994, t Patrick Boyd of this agency, asking for an interpretation of the final rule that amended Motor Vehicle Safety Standard No. 108 on November 2, 1994. The rule amended S5.1.2(c) to specify, in pertinent part, that 'after the outdoor exposure test, plastic materials used for reflex reflectors . . . shall not show . . . haze that exceeds 7 percent . . . .' The amendment is effective November 1, 1995. You have presented two fact situations with respect to replacement reflex reflectors, and ask whether the amended haze requirement is applicable in each case. These are: 'First case - replacement reflex reflectors manufactured after the effective date, but the vehicle to which the reflex reflectors are fitted is no longer manufactured after the effective date.' Motor vehicle replacement equipment is governed by S5.8 of Standard No. 108. S5.8.1 requires that any reflective device manufactured to replace any reflective device on any vehicle to which Standard No. 108 applies shall be designed to conform to Standard No. 108. Paragraphs S5.8.2 through S5.8.9 permit certain specified items of replacement equipment to be manufactured to original equipment specifications (e.g., earlier versions of SAE standards no longer specified for original equipment on motor vehicles), however, reflex reflectors are not included among them. This means that any reflex reflectors manufactured on and after November 1, 1995, whether original or replacement, must conform with the 7 percent haze limitation, regardless of the date of manufacture of the vehicle. 'Second case - Replacement reflex reflectors manufactured before the effective date, which may be fitted to a vehicle manufactured before or after the effective date. (In this case, the same type of vehicles are manufactured before and after the effective date continuously.)' A replacement reflex reflector manufactured before November 1, 1995, to replace a reflex reflector on a vehicle manufactured either before or after November 1, 1995, is subject to the requirement that the plastic materials used in them shall show no haze in a visual inspection after the outdoor exposure test because that is the requirement in effect at the time the replacement reflex reflector is manufactured. As a practical matter, it would appear to make no difference when the reflector was manufactured or to which specification. The amendment is not intended to change manufacturing techniques or composition of plastics materials in any way. Because it is impossible not to have some degree of haze at the end of the three-year test period, Standard No. 108 was amended to make it more objective and practicable, and the measured haze limit raised to 7 percent, at which point haze is visible to the naked eye. Sincerely, Philip R. Recht Chief Counsel"; |
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ID: aiam0236OpenMr. H. W. Sullivan, Commissioner, Department of California Highway Patrol, Post Office Box 898, Sacramento, CA 95804; Mr. H. W. Sullivan Commissioner Department of California Highway Patrol Post Office Box 898 Sacramento CA 95804; Dear Mr. Sullivan: Thank you for your letter of March 2, 1970, petitioning for amendment to Federal motor vehicle safety standard No. 205-Glazing Materials. I apologize for the delay in this response to your petition.; The first amendment you propose would require each manufacturer to mar each piece of glazing material with his name, the model number and 'AS' classification. A manufacturer electing the certification alternative now in S3.4 must provide the same information you request, except that a code number is substituted for the manufacturer's name. In this connection, the Director of the National Highway Safety Bureau is considering the issuance of a notice of proposed rule making which would require all manufacturers of glazing materials to adopt the certification method in S3.4. Consequently, while we are not granting your petition on identification requirements, we are actively considering your suggestions for future rule making.; The second amendment you propose would add to the standard a definitio of 'area requisite for driving visibility.' Subsequent to the writing of your letter, the Director issued an advance notice of proposed rule making concerning a new standard, Direct Fields of View. In this notice, a copy of which is enclosed for your convenience, the Director announced that he was; >>>considering the establishment of performance requirements for (1 direct fields of view outside the vehicle in *all* directions to provide adequate visibility for the driver from specified eye reference loci, (2) light transmission characteristics (including maximum levels of tinting) of vehicle glazing materials, and (3) shade band boundaries of vehicle glazing materials. (Emphasis added.)<<<; Requirements developed with regard to items (2) and (3) would superced provisions regarding shade band boundaries and tinting in standard No. 205. If this new standard is issued, it will deal with the problem which you mention.; We would welcome any additional comments you may have on these matters. Sincerely, Rodolfo A. Diaz, Acting Associate Director, Motor Vehicl Programs; |
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ID: aiam5034OpenMr. Douglas Berg President Ascend Productions 9823 Lake Avenue Cleveland, Ohio 44102; Mr. Douglas Berg President Ascend Productions 9823 Lake Avenue Cleveland Ohio 44102; "Dear Mr. Berg: This responds to your letter requesting that th National Highway Traffic Safety Administration provide 'recognition and support' for your item of motor vehicle equipment, the 'Hazard Helper Safety Sign.' You explained that this reversible device attaches to the driver's window and displays either a help needed symbol (a stick figure with extended arms and legs) or a hazard alert symbol (a triangle). Your sales literature indicates that the help needed symbol is intended to be displayed in the event of medical emergencies, mechanical breakdown, having a flat tire, or being stuck in snow or being out of fuel. The hazard alert symbol is intended to be displayed for going for gasoline, doing roadside repairs, resting, or awaiting known assistance. As discussed below, this agency does not recognize, support or otherwise endorse particular products. Moreover, based on the information provided with your letter, it appears that your device would not comply with certain provisions of Federal Motor Vehicle Safety Standard No. 125, Warning Devices (49 CFR 571.125, copy enclosed). By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the 'Safety Act') gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 125, Warning Devices. The Safety Act provides that no person shall 'manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States' any new motor vehicle or new item of motor vehicle equipment unless the vehicles or equipment comply with the applicable standard. (See 15 U.S.C 1397(a)(1)(A).) NHTSA has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. Instead, the Safety Act establishes a self- certification process under which each manufacturer is required to certify that each of its products meets all applicable Federal Motor Vehicle Safety Standard. (See 15 U.S.C. 1403.) I am enclosing a general information sheet explaining NHTSA's regulations. Section S3 of Standard No. 125 specifies that the standard 'applies to devices, without self-contained energy sources, that are designed to be carried in motor vehicles, and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle.' (Emphasis added.) Your device has no self-contained energy source, is designed to be carried in motor vehicles, and is not permanently affixed to the vehicle. Another condition set forth in S3 is that the device must be designed to be used to 'warn approaching traffic of a stopped vehicle.' Devices that are not intended to warn approaching traffic of a stopped vehicle, but only to alert passing traffic of the stopped vehicle's need for assistance, are not subject to Standard No. 125. An example of such a device would be a 'HELP' message printed on a folding cardboard sunshade. The 'help needed' portion of your device appears to be designed to function in the same manner as other non-warning devices, i.e., it does not appear to be intended to warn approaching traffic of a stopped vehicle, but to alert passing traffic that the stopped vehicle needs assistance. This portion of the device would therefore not be subject to Standard No. 125. However, the 'hazard alert' portion of your device does appear to be intended to warn approaching traffic of a stopped vehicle, and must therefore comply with all of the requirements of Standard No. 125. From the enclosed copy of the standard you will see that some of the specific requirements with which your device must comply include minimum size, durability, material, container, labeling, configuration, color, reflectivity, luminance, and stability. From the information you provided with your letter, it appears that your device would not comply with several of these requirements. Please be aware that violations of Safety Act provisions are punishable by civil fines of up to $1,000 for each violation of a safety standard. In addition, the Act requires manufacturers to remedy their products if they fail to comply with any applicable safety standards. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam5521OpenMr. Jeffrey Echt President, Saline Electronics, Inc. 13379 Michael Road Highland, IL 62249; Mr. Jeffrey Echt President Saline Electronics Inc. 13379 Michael Road Highland IL 62249; "Dear Mr. Echt: We have received your letter of March 10, 1995, askin whether it is permissible under Standard No. 108 to use the hazard warning lamps as a deceleration warning system. Paragraph S5.5.10(a) states that 'Turn signal lamps, hazard warning signal lamps, and school bus warning lamps shall be wired to flash.' With this in mind, 'and the fact that hazard warning indicators are commonly used to warn high-speed trailing traffic that a leading vehicle or vehicles are moving slowly or stopped', you have asked: '1. Would a device which automatically activated a vehicle's hazard warning system at the onset of high, braking induced deceleration and deactivated the hazard warning system upon release of the brake pedal (following automatic activation) be permissible under FMVSS 108? This assumes that the device will not prevent activation or cause deactivation of the hazard warning system if the mandatory vehicular hazard warning signal operating unit has been activated by the driver.' Heretofore, the agency's opinion letters on deceleration warning systems have covered those that operate through lamps that are steady burning in use (to Norman H. Dankert on June 3, 1990, and to Bob Abernethy on September 7, 1990), or through original equipment lamps that are additional to those required by the standard (letter of July 30, 1993, to the Commonwealth of Virginia). In those instances, we have advised that a deceleration warning system must be steady burning in use. Your question raises the issue of whether a flashing deceleration warning system is acceptable if it operates through original equipment lamps that are intended to flash when they are used. Flexible asked a similar question with respect to a supplementary lighting system. We advised it (letter of December 8, 1986) that simultaneous use of flashing and steady-burning lamps have the potential for creating confusion in vehicles to the rear and impairing the effectivess of the required stop lamps within the meaning of S5.1.3 (the provision of Standard No. 108 that governs the permissibility of supplemental original lighting equipment). We believe that the same conclusion also applies to wiring the hazard warning system to operate as a high deceleration warning system as well. Thus, we do not view this system as permissible under Standard No. 108. Obviously, complying vehicles are manufactured so that it is possible for a driver to simultaneously activate the hazard warning system and stop lamp system. However, we believe that this happens infrequently, and when it does, it is a conscious choice of the operator and not of a system. Because of the conclusion we have reached above, your second question is moot. Sincerely, Philip R. Recht Acting Chief Counsel"; |
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ID: aiam0723OpenMr. T. C. McLaughlin, McLaughlin Equipment Company, Box 2765/320-27th Street, Fargo, NC 58102; Mr. T. C. McLaughlin McLaughlin Equipment Company Box 2765/320-27th Street Fargo NC 58102; Dear Mr. McLaughlin: This is in further reply to your letters to the National Transportatio Safety Board and the Secretary of Commerce that have been referred to this office.; In your letter to the National Transportation Safety Board you discus the remounting of old school bus bodies on new truck chassis and ask, 'what are the implications of a body shop taking the responsibility of modifying the vehicle?' It is assumed that when you refer to modifying you mean remounting a used school bus body on a new chassis.; Persons who mount used bodies on new chassis are considered to b manufacturers within the meaning of the National Traffic and Motor Vehicle Safety Act and specifically a final stage manufacturer as defined in Part 568 of Title 49 of the Code of Federal Regulations.; We appreciate your bringing this situation to our attention an presently have the matter under investigation.; If you are aware of any one currently involved in this type of busines who might not be aware of their responsibilities, please furnish specific details.; I am enclosing the following pertinent publications: >>>1. National Traffic and Motor Vehicle Safety Act. 2. Notice of Publications Change. 3. Part 566 of Title 49 of the Code of Federal Regulations Manufacturer Identification.; 4. Part 567 - Certification. 5. Part 568 - Vehicles Manufactured in Two or More Stages. 6. Part 573 - Defect Reports. 7. Part 574 - Tire Identification.<<< If you have further questions, I will be pleased to answer them. Sincerely, Francis Armstrong, Director, Office of Standard Enforcement, Motor Vehicle Programs; |
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ID: aiam1831OpenMr. Williams R. Guthrie, Operations Manager, Oswalt Division, Butler Manufacturing Co., North Hy. 83, P.O. Box 1038, Garden City, KS 67846; Mr. Williams R. Guthrie Operations Manager Oswalt Division Butler Manufacturing Co. North Hy. 83 P.O. Box 1038 Garden City KS 67846; Dear Mr. Guthrie: This responds to your February 18, 1975, request for confirmation tha the chassis-cab-mounted Oswalt bulk feed mixer and Manure spreader vehicles do not qualify as 'motor vehicles' subject to the provisions of the National Traffic and Motor Vehicle Safety Act of 1966:; >>>Sec. 102. As used in this title -- (3) 'Motor vehicle' means any vehicle driven or drawn by mechanica power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.<<<; You describe the vehicles as chassis-cab-mounted and state tha 'Generally the complete operation of loading the ENSILMIXER and delivery of feed to the feed bunk is performed entirely on the property belonging to the farmer or feedlot operation. SPREADERS are normally loaded on a farm or feedlot and unloaded on nearby farmland.'; The NHTSA has developed criteria for the interpretation of th definition of motor vehicle in the area of heavy vehicles with an off-road function. We conclude that the definition includes vehicles which use the highway on a necessary and recurring basis to move between work sites. We have cited mobile cranes, drill rigs, and towed equipment such as brush chippers and pull-type street sweepers as examples of this motor vehicle class. Following the rationale of necessary and recurring road use, we have excluded from the definition such farm vehicles as mobile feed mixers used in feedlot operations.; If as your description indicates, these vehicles spend substantiall their entire time on a farm and use public highways only on or around the farm, they are not considered motor vehicles under the Act.; Sincerely, James C. Schultz, 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.