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: aiam0207OpenMr. W. B. Colquhoun, Executive Vice-President, Norton Villiers Corporation, North Way, Andover, Hampshire, England; Mr. W. B. Colquhoun Executive Vice-President Norton Villiers Corporation North Way Andover Hampshire England; Dear Mr. Colquhoun: Thank you for your letter of January 22, 1970, enclosing ten copies o the Consumer Information for motorcycles produced by Norton Villiers Corporation.; Your submittal has on its face eliminated the problems that were calle to your attention in our letter of January 9. The form in which the information is presented deviates, however, from the form prescribed by the regulations, sections 375.101 and 106. The most significant deviation is the omission of the explanatory statements that are required for both types of information. The figures included with each section of the regulations should be followed closely in your presentation of the information to purchasers.; Please let us know if we can be of further assistance. Sincerely, Douglas W. Toms, Director |
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ID: aiam5005OpenMr. Tom Mario Vice President Sales Sealco Air Controls, Inc. 215 East Watkins Street Phoenix, AZ 85004; Mr. Tom Mario Vice President Sales Sealco Air Controls Inc. 215 East Watkins Street Phoenix AZ 85004; "Dear Mr. Mario: This letter responds to your inquiry about recen amendments to Federal Motor Vehicle Safety Standard No. 121, Air Brake Systems, with respect to trailers. That final rule (56 FR 50666, October 8, 1991, copy enclosed) amended the standard by deleting the requirement for a separate reservoir capable of releasing the parking brake. It also added requirements for the retention of a minimum level of pressure in a trailer's supply line in the event of pneumatic failure and for the prevention of automatic application of trailer parking brakes while the minimum supply line pressure is maintained. I am pleased to have this opportunity to explain our requirements. By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, the manufacturer is responsible for certifying that its vehicles or equipment comply with applicable standards. NHTSA promulgates safety standards that specify performance requirements for motor vehicles and motor vehicle equipment. One such safety standard, Standard No. 121, specifies performance requirements for braking systems on vehicles equipped with air brake systems, including most trailers. Any air brake system that complies with the performance requirements set forth in Standard No. 121 would be permissible. You first asked whether a trailer could be equipped with a protected separate reservoir after the amendment becomes effective on October 8, 1992. The answer is yes. While the amendment deletes a provision requiring a protected service reservoir, nothing in the amendment would prohibit a trailer from being equipped with this device. Your next two questions asked which air brake system would be required on certain axles for different types of trailers. As indicated above, any air brake system that complies with the performance requirements set forth in Standard No. 121 would be permissible. I note that while the standard does include certain specific requirements for braking at particular axles, all of the requirements amended or adopted in the October 1991 final rule are written in terms of overall vehicle braking performance. Therefore, in order to ensure compliance with these requirements, manufacturers must assess how the selection of brake designs at each axle will affect overall braking performance. 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: aiam3978OpenThe Honorable Bill Goodling, House of Representatives, 2263 Rayburn House Office Building, Washington, DC 20515; The Honorable Bill Goodling House of Representatives 2263 Rayburn House Office Building Washington DC 20515; Dear Mr. Goodling: Thank you for your letter on behalf of your constituent, Mr. And Witten of Biglerville, Pennsylvania, concerning our regulations for school buses. Your letter has been referred to my office for reply.; Mr. Witten believes that Federal law prohibits schools from carryin more than 9 students in a van. He suggested that the law should be changed to allow schools to use the full capacity of 15-passenger vans.; I appreciate this opportunity to clarify our regulations for schoo buses. As explained below, there is no Federal law prohibiting schools from transporting 15 school children in a 15-passenger van. Federal law does, however, affect the sale of buses to schools. The National Highway Traffic Safety Administration (NHTSA) has the authority, under the National Traffic and Motor Vehicle Safety Act of 1966, to regulate the manufacture and sale of new motor vehicles, including school buses. Congress amended the Vehicle Safety Act in 1974 to direct NHTSA to issue motor vehicle safety standards on specific aspects of school bus safety, such as emergency exits, seating systems, windows and windshields, and fuel systems. The standards we issued became effective April 1, 1977, and apply to each school bus manufactured on or after that date.; The Vehicle Safety act requires any person selling a new 'school bus to ensure that the vehicle complies with our school bus safety standards. Under Federal law, a 'school bus' is defined as a motor vehicle designed for 11 or more persons and intended for transporting students to and from school or related events. Thus, a 10- or 15-passenger van is considered a school bus if intended for school purposes, and our school bus safety standards apply to those vehicles as well as to larger school buses. If any new school bus does not meet those standards, the seller may be required under the Vehicle Safety Act to recall the vehicle and to pay civil penalties.; The Federal requirements apply only to the manufacture and sale o school buses, not to their operation. State law determines the requirements which vehicles must meet in order to be licensed for use as school buses. School vehicles that are within Pennsylvania's definition of a 'school bus' are subject to the State's requirements for school buses. We are aware that Pennsylvania has recently amended its definition of a 'school bus' by extending it to vehicles with a capacity of 10 passengers and a driver. Previously, those vehicles were excluded from the definition. Pennsylvania now requires those previously-excluded vehicles to comply with the State's school bus regulations in order to be used as school buses in that State.; The nature of the State's regulations for school bus use is a matte left to Pennsylvania. Our agency has issued recommendations for state highway safety programs regarding the use of school buses in Highway Safety Program Standard No. 17, *Pupil Transportation Safety* (copy enclosed), which Pennsylvania may choose to adopt. Program Standard No. 17 is part of a series of program standards covering various aspects of highway safety which are issued by NHTSA under the authority of the Highway Safety Act of 1966. Pennsylvania may have decided that our recommendations should be made part of the state's comprehensive regulations for school bus usage. Again, however, operating requirements which school buses must meet are determined by State officials.; I hope this information is helpful. Please feel free to contact me i you have any further questions.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam1945OpenMr. Steve Abel, Controller, Franklin Coach Company, Inc., P. O. Box 152, Nappanee, IN 46550; Mr. Steve Abel Controller Franklin Coach Company Inc. P. O. Box 152 Nappanee IN 46550; Re: Draft defect notification letter, CIR-910 Dear Mr. Abel: Thank you for submitting your draft defect notification letter for ou review. We find that the draft fails in several respects to conform to regulations specifying the content of the notification (49 CFR Part 577, *Defect Notification*, copy enclosed). First the reference in the second sentence of your letter to 'your motor home' does not contain the identifying criteria required by section 577.4(b)(1). The sentence should more objectively identify the motor home, preferably by model number and name.; It appears from the facts you present that in addition to adding ne leaf springs, the certification label on the vehicles should be replaced. An upgrading of the vehicle's carrying capacity should be reflected in both its gross vehicle and axle weight ratings. A correct certification label should reflect the values as they apply to the repaired vehicle. Your notification letter should therefore specify steps the owner can take to correct the certification label (S577.4(e)). One method you should consider is to furnish to each owner a corrected certification label with instructions for its installation by him.; Your letter also fails to conform to section 577.4(e)(3), which applie when the manufacturer does not offer to assume the cost of the repair. It appears from your description that you are modifying the existing springs, and they should be identified by name and part number (S577.4(e)(3)(ii)). You also have not provided a required detailed description (including appropriate illustrations) of each step required to repair the defect (S577.4(e)(3)(iv) (sic).; Finally, the requirements of section 577.4(e)(3)(iii) require th manufacturer to take positive steps to determine the availability of repair parts. You are obligated to at least determine whether the parts you recommend for replacement are in fact available. We do not believe you have met this requirement by merely stating that the parts 'should be available.' You can probably obtain this information by contacting the vehicle manufacturer, or by finding comparable repair parts in the replacement market.; Yours truly, James C. Schultz, Chief Counsel |
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ID: aiam0657OpenAnil Chudgar, Project Engineer, Synthetic Products Department, Imperial Eastman Corporation, 1440 North 24th Street, Manitowoc, WI, 54220; Anil Chudgar Project Engineer Synthetic Products Department Imperial Eastman Corporation 1440 North 24th Street Manitowoc WI 54220; Dear Mr. Chudgar: Thank you for your letter of March 16, 1972, to Miss Grace Robinson inquiring about the possible noncompliance of air brake tubing and hose with Federal Motor Vehicle Standard No. 302.; A copy of Standard No. 302 is enclosed for your information. Paragrap S4.1 lists the materials applicable to this standard. Air brake tubing and air brake hose are not included in the requirements for flammability performance. We trust this information will answer your questions, but if further information is needed, please do not hesitate to contact this office.; Sincerely, Robert L. Carter, Acting Associate Administrator, Moto Vehicle Programs; |
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ID: aiam5455OpenMs. Debra Platt 2289 Southeast Madison Street Stuart, FL 34997; Ms. Debra Platt 2289 Southeast Madison Street Stuart FL 34997; Dear Ms. Platt: This responds to your letter of August 29, 1994, i which you inquire whether a child 'partially sitting on a bus seat is provided crash protection of Standard 222.' You explain that you were referring to a third child sitting on the edge of a bus seat nearest the aisle. The child can only face the seat across the aisle, rather than face forward, because the bench seat is overcrowded. Some background information would be helpful in responding to your question. 49 U.S.C. 30101, et seq. (formerly known as the National Traffic and Motor Vehicle Safety Act of 1966) provides this agency the authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Each new vehicle or item of equipment that is sold to the consumer must comply with all applicable FMVSSs in effect on its date of manufacture. However, once the vehicle or equipment is sold, the use of that product becomes a matter of State jurisdiction. NHTSA has no authority to regulate the operation of used vehicles or items of equipment. With respect to school buses, it has been shown that school bus transportation is one of the safest forms of transportation in America (see enclosed School Bus Safety Report, May 1993). Every year, approximately 380,000 public school buses travel approximately 3.8 billion miles to transport 22 million children to and from school and school related activities. Occupant deaths per vehicle mile travelled in school buses are about one-fourth those in passenger cars. Crash protection in large school buses, those with a gross vehicle weight rating (GVWR) of over 10,000 pounds and which typically seat 16 or more, is provided by 'compartmentalization.' That concept requires strong, well- padded, well-anchored, high-backed and evenly-spaced seats for school bus occupant protection. Compartmentalization has been shown to be effective by independent studies of the National Transportation Safety Board and the National Academy of Sciences. Small school buses, on the other hand, those with a GVWR of 10,000 pounds or less and which typically seat fewer than 16 occupants, must be equipped with lap or lap/shoulder belts at all designated seating positions. Turning to your inquiry, this agency agrees it is far less safe for children to sit on the edge of school bus seats, facing the seat across the aisle, rather than face forward. To get the full benefit of compartmentalization, the child occupant should face forward to be cushioned and contained between the strong, well-padded seat backs on the school bus. Thus, Standard 222 requires school bus passenger seats to be forward-facing (paragraph S5.1). When a child is sitting on the edge of the bus seat, as you described, it would seem that either the school bus is overloaded or the passengers are seating themselves improperly, indicating a possible lack of adequate supervision. This agency is seriously concerned about such conditions, but as pointed out above, once a vehicle is sold to the first retail customer, the use of that vehicle becomes the responsibility of the State. Since the States regulate the use of school buses, we recommend that you contact your State and/or local pupil transportation or school officials to inform them of your concerns. The Governor's highway safety representative for Florida is: Mr. Frank Carlile Assistant Secretary for Transportation Policy 605 Suwanne St., MS-57 Tallahassee, FL 32399-0450 Telephone: (904) 922-5820 I am also enclosing for your information a copy of Highway Safety Program Guideline No. 17, Pupil Transportation Safety. This publication was issued jointly by this agency and the Federal Highway Administration and provides recommendations to the states on the operational aspects of their school bus and pupil transportation safety programs. Although these recommendations are not mandatory, they might be helpful in your discussions with school officials. I hope this information is helpful to you. Should you have any further questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel Enclosures; |
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ID: aiam2390OpenMr. Bing Johnson, 135 Jade Cove Drive, Roswell, GA 30075; Mr. Bing Johnson 135 Jade Cove Drive Roswell GA 30075; Dear Mr. Johnson: This is in response to your letter of August 16, 1976, in which you as about our regulations concerning the modification of 'vans' to make them suitable for camping. The modifications you propose to make include the installation of plumbing, water, electricity, and additional seating.; The National Traffic and Motor Vehicle Safety Act (15 U.S.C. SS 1381 *et seq*.) prohibits the manufacture, offer for sale, sale, introduction in interstate commerce or importation of a motor vehicle that does not comply with all applicable standards in effect on the date of its manufacture. This prohibition does not apply (except for importation) after the first purchase of the vehicle in good faith for purposes other than resale. Under these provisions, you are responsible for the compliance of any vehicle that you modify up to and including the time of first purchase for purposes other than resale.; The manufacturer must comply with all applicable safety standard established by the National Highway Traffic Safety Administration (NHTSA). His certification appears on a completed vehicle. It would be your responsibility to ensure that the vehicle continues to comply with all applicable safety standards after your modifications. Under Part 567 of our regulations, you must attach a label to the vehicle that states that, as altered, the vehicle continued to conform to the standards.; From the description of the modifications you describe, it appears tha you might affect the compliance of the vehicle with the following standards: Standard No. 207, *Seating Systems*, Standard No. 208, *Occupant Crash Protection*, Standard No. 210, *Seat Belt Assembly Anchorages*, and Standard No. 302, *Flammability of Interior Materials*. It should be noted that any additional weight created by your modifications or a change in the distribution of weight could also affect the vehicle's compliance with other safety standards whose test procedures require a barrier crash test.; We also would point out that if you modify a Ford 'Econoline' in al probability you would change the vehicle classification from a truck to a multipurpose passenger vehicle. This should be noted on the certification label that you attach to the vehicle.; I have enclosed an information sheet that explains where you may obtai copies of these regulations.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam3352OpenMr. Martin V. Chauvin, Chief, Carrier Safety Bureau, Department of Transportation, State Campus, 1220 Washington Avenue, Albany, NY 12232; Mr. Martin V. Chauvin Chief Carrier Safety Bureau Department of Transportation State Campus 1220 Washington Avenue Albany NY 12232; Dear Mr. Chauvin: This responds to your August 5, 1980, letter asking why it might not b possible for a manufacturer to certify a vehicle in compliance with the school bus safety standards if that vehicle transports 10 persons or less. You state that you would like the smaller sized vehicles to be constructed with the same safety features as larger school buses.; First, we would like to note that the school bus safety standards wer originally applied only to the larger sized vehicles (more than 10 persons) because the larger sized vehicles were not previously required to comply with many of our safety standards. On the other hand, most of our standards apply to vehicles transporting 10 persons or less. Since these small vehicles were extensively regulated it was determined to be unnecessary to apply school bus safety standards to them.; In response to your particular question, a vehicle transporting 1 persons or less is a multipurpose passenger vehicle (MPV), not a bus or a school bus. A manufacturer is required by this agency to certify such a vehicle in compliance with the safety standards applicable to multipurpose passenger vehicles. This certification statement must be made on the vehicle's certification label. Therefore, a manufacturer cannot certify a vehicle as a school bus in compliance with the school bus safety standards unless the vehicle is of a size that puts it within the school bus category (more than 10 persons).; New York should not attempt to issue a regulation that would requir multipurpose passenger vehicles to comply with all school bus safety standards. Some of those standards might conflict with other Federal safety standards applicable to MPV's and would, therefore, be preempted. For example, the school bus seating standard could not be applied to MPV's because their seating is regulated by other Federal safety standards. However, since MPV's are not presently regulated in the areas of emergency exits, joint strength, or roof crush, New York could have a regulation requiring MPV's used to transport children to comply with these performance standards now applicable only to school buses. The vehicles would still be required to be certified only to the safety standards applicable to MPV's, however.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4497OpenMr. James P. Nolan, Jr. President Nolan and Taylor-Howe Funeral Home, Inc. 5 Laurel Avenue Northport, NY 11768; Mr. James P. Nolan Jr. President Nolan and Taylor-Howe Funeral Home Inc. 5 Laurel Avenue Northport NY 11768; "Dear Mr. Nolan: This is in reply to your letter of March 24, 1988 enclosing a letter you have received from the Department of Motor Vehicles, New York State, advising you that your l987 Cadillac hearse requires a center high-mounted stop lamp. You have asked for the specifications of such a lamp. The center high-mounted stop lamp is required only on passenger cars. A passenger car is defined as a motor vehicle 'designed for carrying l0 persons or less.' A 'multipurpose passenger vehicle' is one 'designed for carrying l0 persons or less which is constructed either on a truck chassis or with special features for occasional off road operation.' A 'truck' is defined as a motor vehicle 'designed primarily for the transportation of property or special purpose equipment.' The agency recognizes chassis constructed for commercial use, such as a hearse, as the equivalent of a truck chassis. The determination of vehicle category is initially that of the manufacturer or final stage assembler who certifies compliance with all Federal motor vehicle safety standards applicable to the category of vehicle selected. In our opinion, a hearse could be properly certified as a either a 'multipurpose passenger vehicle,' or a 'truck.' In a conversation with Taylor Vinson of this Office on April 29, you informed us that the first six characters of the VIN of your hearse are 'lGED09', and that its final stage assembler, Superior, had certified it as an 'MPV' (multipurpose passenger vehicle). The 'G' in the VIN identifies it, according to internal documents of the initial stage manufacturer, General Motors, as 'Cadillac Incomplete Coaches' (meaning, it would appear, funeral coaches), and the '9' as 'Cadillac Commercial Body/Chassis.' This chassis does not form the basis of any passenger car completed by Cadillac. The letter from New York State states 'The manufacturer claims that funeral cars are classified as multipurpose vehicles and do not require the lights.' This is correct, as you have told us that Superior has classified it as an MPV, and certified its compliance to all standards applicable to that vehicle category. As the center high-mounted stop lamp standard is not one of those applicable to multipurpose passenger vehicles, there is no Federal requirement that your hearse be equipped with such a lamp. We appreciate your interest in safety, and trust that this answers your question. Sincerely, Erika Z. Jones Chief Counsel"; |
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ID: aiam1695OpenMr. John J. Relihan, Solomon, Relihan & Blake, Law Offices, Suite A, 1819 West Osborn Road, Phoenix, AZ 85015; Mr. John J. Relihan Solomon Relihan & Blake Law Offices Suite A 1819 West Osborn Road Phoenix AZ 85015; Dear Mr. Relihan: This is in response to your letter of October 7, 1974, requesting ou comments on a memorandum from Mr. Kevin Tighe stating that a disclosure form developed by him had been approved by the Department of Transportation for use in satisfying the requirements of the odometer disclosure regulation (49 CFR Part 580).; No formal approval of the disclosure form contained in the Tigh memorandum was ever given by the Department of Transportation. Mr. Tighe arrived at the format and discussed its contents at one point with this agency, but specific authorization for its use was never given. The disclosure form suggested by Mr. Tighe was not previously considered as constituting a violation of the odometer disclosure regulations. Over the past year it has become apparent that disclosure forms not printed in the manner prescribed in the regulation have been responsible for misleading buyers who are confused by their ambiguous format. These forms have also been abused by certain sellers who rely on their ambiguity in misrepresenting the accuracy of a vehicle's odometer. Due to this situation, the NHTSA has concluded that a stricter interpretation of the odometer regulation is necessary in order to fulfill the Act's intended purpose.; Our recent correspondence with you indicating the noncompliance of th disclosure form you enclosed should not be interpreted as citing a violation of the Act. Our determination of a noncompliance is not retroactive, since we previously gave a broader interpretation to the disclosure form requirements. The format used on the disclosure document submitted by you for our review will in the future be considered as not satisfying the requirements of the disclosure regulation. Past use of these forms, however, is not considered violative of the Act.; Sincerely, James B. Gregory, Administrator |
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Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.