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 |
|---|---|
ID: Copy of 06-007875--6 May 09 rewrite--rsyOpenJeff Ronning, PE Senior Consultant Rocky Mountain Institute 1739 Snowmass Creek Road Snowmass, CO 81654-9199 Dear Mr. Ronning: This responds to your inquiry to the National Highway Traffic Safety Administration (NHTSA) of November 27, 2006. I apologize for the delay in responding. In your letter, you asked for our interpretation of 49 CFR Part 538 as it would apply to a plug-in electric hybrid design for a postal delivery vehicle. You ask for confirmation that your basic vehicle design will qualify as a dual-fuel vehicle so that the United States Postal Service (USPS) can be assured [you] are on the right course. You explained that if the vehicle is fully charged, it would be able to operate completely on electricity for most carriers where the average carrier route is only 15 miles, and that the gasoline engine would be used only for rare long-range travel and peripherals such as heating and all-wheel drive function. On January 9, 2007, you further asked by email whether a flex-fuel engine (i.e., one able to use either petroleum-based gasoline or ethanol E85 fuel) instead of a plain gas engine for the same hybrid vehicle would qualify as a dual-fuel vehicle under Part 538. Based on the information that you provided, either design would qualify as a dual-fuel vehicle for purposes of the dual-fuel CAFE incentive. 49 CFR Part 538, Manufacturing Incentives for Alternative Fuel Vehicles, is likely not directly relevant to the vehicle you described. Part 538 has three basic purposes. First, it establishes minimum driving range criteria to aid in identifying passenger automobiles that qualify as dual-fueled automobiles. Second, it establishes gallon-equivalent measurements for gaseous fuels other than natural gas. And finally, it extends the dual-fuel incentive program through model year 2008. The minimum driving range criteria contained in 538.5 and 538.6 apply only to passenger automobiles. In the context of the CAFE program, passenger automobiles are defined as any automobile (other than an automobile capable of off-highway operation) manufactured primarily for use in the transportation of not more than 10 individuals.[1] Although NHTSA leaves it to automobile manufacturers to classify their vehicles in the first instance for CAFE purposes, we would likely consider a postal delivery vehicle to be a non-passenger automobile (commonly referred to as a light truck), since it is manufactured primarily for carrying cargo, and not for transporting passengers. Thus, the minimum driving range criteria of Part 538 would likely not apply to your vehicle.[2] The other two aspects of Part 538, gallon-equivalent measurements for gaseous fuels other than natural gas, and the extension of the incentive program through MY 2008, also would not apply to your vehicle. Since you described your vehicle as a plug-in hybrid, gallon-equivalent measurements for gaseous fuels would be irrelevant. Further, Part 538s extension of the incentive program has been superseded by the Energy Independence and Security Act (EISA) of 2007, which extended the program by statute through model year 2018.[3] Thus, Part 538 would likely not apply to your vehicle. However, your vehicle may still qualify for the dual-fuel incentive under 49 U.S.C. 32905(b), whether or not 49 CFR Part 538 applies to it. A dual fueled automobile is defined (in relevant part) in 49 U.S.C. 32901(a)(8) as an automobile that: (A) is capable of operating on alternative fuel and on gasoline or diesel fuel; [and] (B) provides equal or superior energy efficiency, as calculated for the applicable model year during fuel economy testing for the United States Government, when operating on alternative fuel as when operating on gasoline or diesel fuel. Alternative fuel, in turn, is defined at 49 U.S.C. 32901(a)(1) as including: (J) electricity (including electricity from solar energy); and (K) any other fuel the Secretary of Transportation prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits. Based on this statutory language, NHTSA interprets electricity as an alternative fuel only if it is not substantially petroleum. The electricity on which the alternative fuel vehicle operates must come from some source other than petroleum-based gasoline pumped into the vehicle; for example, from the grid, as in a plug-in hybrid, or from solar energy as the statute mentions.[4] Thus, we would likely consider a plug-in hybrid like your proposed design, whether it contained a gasoline engine or an engine that could also run on E85, to be a dual fueled automobile under 49 U.S.C. 32901(a)(8). If you have any further questions, please feel free to contact Rebecca Yoon of my staff at (202) 366-2992. Sincerely yours, Stephen P. Wood Acting Chief Counsel ref:538 d.7/24/09 [1] 49 CFR 523.4, see also 49 U.S.C. 32901(a)(18). [2] Nevertheless, we note that it is possible that, in the course of examining your vehicle, NHTSA could conclude that in actuality it would be appropriately classified as a passenger automobile. In that situation, in order to qualify for the dual fuel incentive, your vehicle would be required to conform with Part 538 and 49 U.S.C. 32901(c), which specify that the vehicle must drive a nominal distance of 7.5 miles on its stored capacity of electricity when operated on the EPA urban test cycle and 10.2 miles when operated on the EPA highway test cycle. [3] Pub. L. 110-140, Sec. 109 (Dec. 19, 2007). [4] In contrast, in a regular hybrid electric vehicle, any electricity used to run the vehicle comes from stored regenerative braking force, which is derived from the operation of the gasoline engine. |
2009 |
ID: 8816Open Mr. Charlie McBay Dear Mr. McBay: We have received your letter of June 13, 1993, asking that this Office review the two drawings you enclosed "for compliance with the upcoming conspicuity requirement", and "ask that our installation have your approval." Under the National Traffic and Motor Vehicle Safety Act the manufacturer has the responsibility of determining whether its product conforms and then certifies its compliance with all applicable Federal motor vehicle safety standards. The Act does not provide authority for the agency to "approve" or "disapprove" any specific solution to methods of conformance. For this reason, we are unable to advise you in the manner you seek. However, the agency does provide interpretations when specific questions are asked with respect to the requirements of the standard, and we are pleased to respond accordingly to your inquiries. You have raised four issues for our comment. 1. You have called to our attention that the "outside post" design of the trailers is configured so that the spacing of the posts along the length of the trailers is not the same. The retroreflective material will be evenly spaced in most areas, but breaks between material vary. You have asked whether this will "suffice for evenly distributed." Under S5.7.1.4.2(a) of Federal Motor Vehicle Safety Standard No. 108, retroreflective sheeting applied to each side of a trailer need not be continuous "as long as not less than half of the length of the trailer is covered and the spaces are distributed as evenly as practicable." As we have advised many times, under Standard No. 108 the determination of practicability is to be made by the manufacturer in fulfillment of its obligation to certify that its product conforms to all applicable Federal motor vehicle safety standards. NHTSA believes that, as a general rule, a manufacturer is in the best position to determine what is practicable for its particular design. However, if that determination appears erroneous on its face, NHTSA will question it. Were you to manufacture trailers with the side conspicuity treatment spacings depicted on your drawings, NHTSA would not question your determination of practicability. 2. You have asked "if an area exists where a minimum 12" strip will not fit, can we install smaller material or must this area stay blank?" As noted above, under S5.7.1.4.2, a strip of retroreflective material need not be continuous "as long as not less than half of the length of the trailer is covered." Therefore, if exclusion of the area in question would not result in less than half of the length of the trailer being covered, the area may be left blank. If additional sheeting is required for a trailer to meet the length requirement, or if a manufacturer simply wishes to add it, it need not be "a minimum 12" strip." S5.7.1.3(d) of Standard No. 108 specifies that each segment of retroreflective sheeting shall have a length of 300 mm (i.e., 12 inches) +/- 150 mm. Therefore, a segment of sheeting as short in length as 150 mm (6 inches) could be applied to the area in question in compliance with the standard. An even shorter segment is permitted if necessary "to clear obstructions" if that should be the reason in your instance where a strip of 300 mm will not fit. If the length of the area in question is smaller than 150 mm and its coverage is required for the conspicuity treatment on the trailer to meet the length requirement, then any length of material is acceptable. 3. You have asked us to note that the white strips in the upper rear corners do not meet. You have asked "Must white be touching or can there be a gap between the strips?" Figure 30 "Typical Trailer Conspicuity Treatments" depicts two configurations in which the white strips of retroreflective material intersect at right angles in the upper rear corners. The requirement that Figure 30 illustrates is set forth in S5.7.1.4.1(b), which specifies, in pertinent part, "two pairs of white strips of sheeting, each pair . . . applied horizontally and vertically to the right and left upper contours of the body . . . as close to the top of the trailer and as far apart as practicable." There is no explicit requirement in this paragraph that the horizontal and vertical strips intersect or touch. There is an implicit requirement in the specification that the strips be "as close to the top and as far apart as practicable", but the requirement is subject to the manufacturer's determination of practicability. In other words, if the manufacturer's determination of practicability results in a gap between the strips, NHTSA will not question this determination unless it appears clearly erroneous. 4. You represent that your design makes it impossible "to make a nice continuous square corner", and that "[i]nstallation of the white corners is also closer than 3" from red top rail lights." You ask whether there is "any tolerance on the 3" dimensions? There is no tolerance on this requirement. S5.7.1.4(b) states that "The edge of white sheeting shall not be located closer than 75 mm to the edge of the luminous lens area of any lamp that is required by this standard." The diagrams you enclose depict the horizontal white strip directly below the clearance lamps, which are required by Standard No. 108, so that each design does not accord with Standard No. 108. We have some comments on each design. On "Model 80MP6-DD" it appears to us that, under a determination of practicability, the white strips could be lowered until the required minimum spacing between it and the clearance lamp was achieved. There is no prohibition against placing the material on the roll-up door. The trailer identified as "GNXS-207" raises a more difficult problem because there appears to be no place where the strips could be relocated. Consideration must be given, therefore, to relocation of the clearance lamps. Under Table II of Standard No. 108, clearance lamps are intended to "indicate the overall width of the trailer". Although clearance lamps should be "as near the top . . . as practicable", they need not be "[w]hen the rear identification lamps are mounted at the extreme height of a vehicle" (S5.3.1.4). The rear identification lamps on GNXS-207 are mounted at the extreme height of the vehicle. The clearance lamps could be relocated to the fender where the stop, turn, and taillamps are presently installed. In that location, the clearance lamps would also be better able to fulfill the intent that they indicate the overall width of the trailer, which appears to occur at the fender rather than at the upper part of the body. We hope that these interpretations are helpful. Sincerely,
John Womack Acting Chief Counsel ref:108 d:7/14/93 |
1993 |
ID: nht76-2.46OpenDATE: 01/14/76 FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA TO: Department of California Highway Patrol TITLE: FMVSS INTERPRETATION TEXT: This is in response to your letter of December 8, 1975, asking four questions, the answers to which would provide an interpretation of Standard No. 108 with respect to separation distance of a turn signal lamp from the nearest edge of a Type 2 headlamp. SAE Standard J588d, Turn Signal Lamps, June 1966, incorporated by reference in Standard No. 108, requires in pertinent part that "The optical axis (filament center) of the front turn signal lamp shall be at least 4 inches from the inside diameter of the retaining ring of the headlamp unit providing the lower beam . . . ." We agree with your opinion that the reference to filament center may have been added because of the difficulty of determining the location of the optical axis in certain instances. In the vast majority of cases, however the filament center is on the optical axis, and the addition of the provision assists in determining compliance with the requirement. You have asked: "1. Is the filament center always to be taken as the center of the optical axis?" The answer to this question is no. In some instances the filament center will not be on the optical axis. When this is the case the standard is ambiguous as to whether distance is measured from the optical axis or the filament center. While we prefer the optical axis, under the present wording either must be viewed as legally supportable. "2. Is the center of the emitted light always to be taken as the center of the optical axis?" The answer is yes. "3. If the answers to the above two questions are no, does the vehicle manufacturer have the choice as to which method is most favorable to him?" Yes, because of the ambiguity the manufacturer may choose either the optical axis or filament center as the point of measurement. "4. What is the optical axis of a two- or three- compartment lamp?" The optical axis of a multi-compartment lamp is the center of the light emitted by the array, treated as a single complex light source. The "half-value" method you described in your letter is a valid method of finding the optical axis of a complex light source as well as that of a simple one. Finally you have asked whether, if we agree with the need for clarification, the letter can be considered a petition for rulemaking or whether a formal petition should be submitted. We agree that clarification is needed and accordingly plan to issue a notice of proposed rulemaking in the near future. Yours truly, ATTACH. December 8, 1975 Frank Berndt -- Chief Counsel, National Highway Traffic Safety Administration Dear Mr. Berndt: When inspecting 1976 passenger cars, we discovered a problem in measuring the distance of a front turn signal lamp from the nearest edge of the Type 2 headlamp. Federal Standard No. 108 requires that turn signal lamps meet the 4-inch minimum spacing in SAE J588d. Standard No. 108 also permits lamps to be mounted closer than the 4-inch interval if they emit 2-1/2 times the minimum candlepower otherwise specified. SAE J588d clearly states that the distance shall be measured from the optical axis of the turn signal lamp to the inside diameter of the retaining ring from the headlamp providing the low beam. It then, unfortunately, makes the requirement ambiguous by a parenthetical reference to the filament center. The SAE wording was satisfactory when it was adopted a number of years ago, because lamp designs then had the optical axis coincident with the filament. More recent designs have kept the filament 4 inches from the headlamp but have used the ambiguity as a loophole to allow the optical axis to be unreasonably close to the headlamp. The 4-inch separation was adopted by SAE after a number of complaints about the lack of effectiveness of some turn signals that were snuggled up against the headlamps. The brightness of the adjacent low beam headlamps washed out the turn signals so they would not attract an oncoming driver's attention unless he was looking almost directly at them. The SAE Lighting Committee made nighttime demonstrations of turn signals at various distances from the headlamps in view of a proposal that the edges of the lamps be separated by a minimum distance such as 2 or 2 inches. A jury-type judgment indicated that the present requirement was barely acceptable usually and would allow vehicle manufacturers sufficient design freedom in placing the lamps on vehicles. The attached drawing illustrates the absurdity of the "filament center" interpretation for modern-day turn signals (and incidentally the skill and ingenuity of lamp designers). Figure I shows a current lamp with a filament center meeting the 4-inch requirement but with an optical center much closer to the headlamp. Figure II illustrates a left-hand version of the same lamp with a filament center that does not meet the 4-inch requirement but with an optical center farther removed from the headlamp. The second lamp provides a more effective signal from an opposing driver's viewpoint, but it would be illegal if measured from the filament center. The filament center reference apparently was added to the SAE standard because of an assumed difficulty in determining the location of the optical axis. An axis of any object usually passes through a point of symmetry. In the case of a symmetrical light beam meeting turn signal photometric requirements, the optical axis falls in a plane on either side of which is one-half of the total light output. The optical axis is easily located by measuring the intensity of the lamp at HV and then sliding an opaque card with a straight edge across the face of the lens until the photometer reading is one-half the HV value. In view of the foregoing discussion, we would appreciate your interpretation of Standard No. 108 with respect to the following questions: 1. Is the filament center always to be taken as the center of the optical axis? 2. Is the center of the emitted light always to be taken as the center of the optical axis? 3. If the answers to the above two questions are no, does the vehicle manufacturer have the choice of which method is most favorable to him? 4. What is the optical axis of a two- or three-compartment lamp? If you agree with the need for clarification, can this letter be considered a basis for your initiating a proposed change in Standard No. 108 or must this Department submit a formal petition for a rulemaking? Very truly yours, WARREN M. HEATH -- Commander, Enforcement Services Division Enclosure cc: Lou Owen, NHTSA; Francis Armstrong, NHTSA (Graphics omitted) |
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ID: 12-001952 Matheny capacity includes driver (Standard No. 217)OpenMr. Larry W. Fowler Matheny Motors 3rd & Ann Streets P.O. Box 1304 Parkersburg, WV 26102-1304 Dear Mr. Fowler: This responds to your letter to the National Highway Traffic Safety Administration (NHTSA) asking about Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus Emergency Exits and Window Retention and Release. We apologize for the delay in responding; we regret that we did not receive the January 19, 2012 letter you had sent. You ask for clarification of the term seating capacity as used in Table 1 and Table 2 of FMVSS No. 217, i.e., whether the driver is considered part of the seating capacity of a bus for purposes of determining the additional emergency exits needed under S5.2.3 of the standard. As explained below, our answer is yes, the driver seat is included as part of the seating capacity. In 1992, FMVSS No. 217 was amended to revise the minimum requirements for school bus emergency exits.[1] Instead of requiring all school buses to have the same number of exits, the standard was amended to establish minimum emergency exit space based on the seating capacity of each bus. The amendment determined the number of additional exits using a calculation that was based on the designated seating positions in the bus. Under our regulations, we consider a drivers seat to be a designated seating position.[2] In a 1995 amendment, NHTSA replaced the calculations with simple tables, including Tables 1 and 2.[3] The agency explained that the number of exits required by the tables would be derived from the existing requirement. There was no discussion of changing seating capacity to exclude the drivers seat. Thus, we interpret Tables 1 and 2 as simply reflecting the assumptions and calculations that were used previous to the tables. That being the case, seating capacity includes the drivers seat. It makes sense for seating capacity to include the drivers seat for purposes of Table 1 and 2. In an emergency, the driver will be among the occupants needing to exit the vehicle quickly. Including the drivers position in the calculation supports the goal of having sufficient exits to accommodate the occupants of the bus. I hope this information is helpful. If you have any further questions, please do not hesitate to contact Ms. Deirdre Fujita of my staff at (202) 366-2992. Sincerely, O. Kevin Vincent Chief Counsel Dated: 8/14/12 Ref: Standard No. 217 |
2012 |
ID: 18890.jegOpenMr. Meyer Snyder Dear Mr. Snyder: This responds to your letter asking whether you can have the force of the air bags on your 1995 Toyota Camry "turned down." You asked whether this can be done at your Toyota dealer and, if not, where it could be done, and whether you would have to pay for this modification. As discussed below, there is no legal impediment to vehicle manufacturers and dealers modifying older vehicles so that they have the same kinds of redesigned air bags being offered on most new vehicles. However, such modifications would likely be very complicated and potentially expensive, and we are not aware of any vehicle manufacturers or dealers which make such modifications. You may wish to ask Toyota about whether it is possible to modify your vehicle in this manner and at what cost. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new motor vehicle equipment. One of the standards we have issued is Standard No. 208, Occupant Crash Protection (49 CFR 571.208). Manufacturers install air bags in passenger cars as part of complying with the occupant protection requirements of Standard No. 208. While the Federal motor vehicle safety standards apply only to new motor vehicles and new motor vehicle equipment, Federal law limits the modifications that can be made by certain businesses to used vehicles. Manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of a design installed on or in a motor vehicle in compliance with an applicable safety standard (49 U.S.C. 30122). A manufacturer, dealer or other business which modified the air bags on your 1995 Toyota Camry would not violate the "make inoperative" provision if, after the modification, the vehicle continued to meet the relevant requirements in effect either on the date of manufacture or as later amended. In 1997 NHTSA amended Standard No. 208 to make it easier for manufacturers to quickly redesign their air bags, e.g., by reducing the power as compared to previous years. Compliance with the amended requirements would thus not violate the "make inoperative" provision. As noted earlier, however, the modifications that would need to be made to an existing vehicle so that it would have redesigned air bags would likely be very complicated and potentially expensive, and we are not aware of any vehicle manufacturers or dealers which make such modifications. I am pleased to hear that you do not want your air bags turned off. The vast majority of persons, including short persons, are much safer with air bags. Among other things, an air bag will minimize the risk of violently striking the steering wheel and dashboard in a moderate to severe crash. I would also like to point out that there are a few basic steps that you can take to minimize air bag risks, including wearing your safety belts and, when driving, keeping at least 10 inches between the center of the air bag cover and your breastbone. I have enclosed an information brochure, written in the context of making an informed decision about on-off switches, which provides additional information concerning how you can reduce air bag risks. Sincerely, |
1999 |
ID: nht94-2.1OpenTYPE: Interpretation-NHTSA DATE: March 28, 1994 FROM: John Womack -- Acting Chief Counsel, NHTSA TO: Thomas D. Turner -- Manager, Engineering Services, Blue Bird Body Company TITLE: None ATTACHMT: Attached to letter dated 2/21/94 from Thomas D. Turner to John Womack (OCC 9719) TEXT: This responds to your letter of February 21, 1994, requesting further clarification of the requirements of S5.5.3(c) of Standard No. 217, Bus Emergency Exits and Window Retention and Release (as amended at 57 FR 49413; November 2, 1992). Section S5.5.3( c) states that "(e)ach opening for a required emergency exit shall be outlined around its outside perimeter with a minimum 3 centimeters wide retroreflective tape." *1 Your letter referenced our July 7, 1993 letter to you in which we stated that S5.5.3 (c) permits interruptions in the tape necessary to accommodate curved surfaces and functional components. You requested confirmation "that retro-reflective tape around the perimeter of the rear of a school bus can be used to satisfy the requirements of S5.5.3(c)." I cannot interpret the requirements of S5.5.3(c) as you request, since for many, if not most, designs the nearest possible location will be closer than the perimeter of the bus. While we appreciate your concerns about durability if numerous cuts or notc hes are made to accommodate rivets, our July 7 letter stated that manufacturers have the option of placing the retroreflective tape immediately adjacent to the rivets, rather than over the rivets. As an example, from the illustrations you enclosed, it a ppears that it may be possible to apply retroreflective tape outside the rivets adjacent to the lower portions of the door. Thus, that would be the nearest possible location, rather than the perimeter of the bus itself. I note, however, that the illust rations do not provide sufficient detail of all obstructions for us to determine the nearest possible location for each design. I also note that your letter stated in support of your request that all school buses are required to have a rear emergency exit. While this is true, the type of emergency exit will vary and retroreflective tape at the perimeter of the exit would allow r escuers to immediately know the precise location of the exit. Moreover, retroreflective tape at the perimeter would enable rescuers to immediately know which type of exit is in this location. This information could be vitally important. Because push-ou t windows are not required to have a means of releasing the exit from outside the bus (S5.3.3.2), this information would allow rescuers to quickly determine that they should move to the sides of the bus to locate an exit they can open. Your letter asked the agency to treat it as a petition for rulemaking if we did not interpret the standard as you requested. You will be notified of our decision to grant or deny your petition. I hope you find this information helpful. If you have any other questions, please contact us at this address or by phone at (202) 366-2992.
*1 The July 7, 1993 letter also stated that the agency planned to issue a correction notice of the November 2, 1992 rule that would specify a minimum size of 2.5 cm for the tape. This notice has not yet been published. Until the correction is issued, NHTSA will not take enforcement measures regarding tape size against a manufacturer who uses 1 inch wide retroreflective tape. |
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ID: nht94-7.18OpenDATE: March 28, 1994 FROM: John Womack -- Acting Chief Counsel, NHTSA TO: Thomas D. Turner -- Manager, Engineering Services, Blue Bird Body Company TITLE: None ATTACHMT: Attached to letter dated 2/21/94 from Thomas D. Turner to John Womack (OCC 9719) TEXT: This responds to your letter of February 21, 1994, requesting further clarification of the requirements of S5.5.3(c) of Standard No. 217, Bus Emergency Exits and Window Retention and Release (as amended at 57 FR 49413; November 2, 1992). Section S5.5.3(c) states that "(e)ach opening for a required emergency exit shall be outlined around its outside perimeter with a minimum 3 centimeters wide retroreflective tape." *1 Your letter referenced our July 7, 1993 letter to you in which we stated that S5.5.3(c) permits interruptions in the tape necessary to accommodate curved surfaces and functional components. You requested confirmation "that retro-reflective tape around the perimeter of the rear of a school bus can be used to satisfy the requirements of S5.5.3(c)." I cannot interpret the requirements of S5.5.3(c) as you request, since for many, if not most, designs the nearest possible location will be closer than the perimeter of the bus. While we appreciate your concerns about durability if numerous cuts or notches are made to accommodate rivets, our July 7 letter stated that manufacturers have the option of placing the retroreflective tape immediately adjacent to the rivets, rather than over the rivets. As an example, from the illustrations you enclosed, it appears that it may be possible to apply retroreflective tape outside the rivets adjacent to the lower portions of the door. Thus, that would be the nearest possible location, rather than the perimeter of the bus itself. I note, however, that the illustrations do not provide sufficient detail of all obstructions for us to determine the nearest possible location for each design. I also note that your letter stated in support of your request that all school buses are required to have a rear emergency exit. While this is true, the type of emergency exit will vary and retroreflective tape at the perimeter of the exit would allow rescuers to immediately know the precise location of the exit. Moreover, retroreflective tape at the perimeter would enable rescuers to immediately know which type of exit is in this location. This information could be vitally important. Because push-out windows are not required to have a means of releasing the exit from outside the bus (S5.3.3.2), this information would allow rescuers to quickly determine that they should move to the sides of the bus to locate an exit they can open. Your letter asked the agency to treat it as a petition for rulemaking if we did not interpret the standard as you requested. You will be notified of our decision to grant or deny your petition. I hope you find this information helpful. If you have any other questions, please contact us at this address or by phone at (202) 366-2992.
*1 The July 7, 1993 letter also stated that the agency planned to issue a correction notice of the November 2, 1992 rule that would specify a minimum size of 2.5 cm for the tape. This notice has not yet been published. Until the correction is issued, NHTSA will not take enforcement measures regarding tape size against a manufacturer who uses 1 inch wide retroreflective tape. |
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ID: 2631yOpen Mr. Samuel Kimmelman Dear Mr. Kimmelman: This is in reply to your letter of August 2, l990, with respect to Motor Vehicle Safety Standard No. l08. It is your understanding that, when a vehicle is delivered to its purchaser with dealer-installed trailer hitch and associated wiring, it must conform to all applicable Federal motor vehicle safety standards. You interpret the standards as requiring three specific aspects of performance, and you ask whether we agree with those interpretations. These aspects are: "l. The turn signal flasher must be certified as meeting the FMVSS-108 requirements of a variable load turn signal flasher, over a minimum load equal to that of the vehicle turn signal load and a maximum load equal to that of the vehicle plus the trailer." This is essentially correct. However, it is not the flasher that is certified but the vehicle in which the flasher is installed; Standard No. l08 does not require certification of original equipment lighting items, only replacement equipment items. Standard No. l08's requirements for turn signal flashers are those of SAE Standard J590b, Automotive Turn Signal Flasher, October l965, which are incorporated by reference. Under the Standard's Scope, the flashers "are intended to operate at the design load for the turn signal system as stated by the manufacturer." If a vehicle is designed for towing purposes, and its manufacturer offers an optional trailer hitch and associated wiring, then that manufacturer must equip the vehicle with a flasher capable of meeting a minimum load equal to that of the vehicle turn signal load, and a maximum load equal to that of the vehicle plus the trailer. That will be a variable load turn signal flasher. The manufacturer of the vehicle is the person responsible for ensuring that the flasher meets the vehicle's design load requirements, and that the vehicle is certified as conforming to Standard No. l08. "2. The hazard warning signal flasher must be certified as meeting the requirements of FMVSS-l08 over a load range of 2 lamps to the combined hazard warning loads of the vehicle plus the trailer." This is also essentially correct, and our comments are similar. Standard No. 108's requirements for hazard warning signal flashers are those of SAE Recommended Practice J945 Vehicular Hazard Warning Signal Flasher, February l966, which are incorporated by reference. The Practice's Scope specifies that the flashers "are required to operate from two signal lamps to the maximum design load . . . as stated by the manufacturer." Thus, in order for the vehicle manufacturer to certify compliance with Standard No. l08, it must equip the vehic1e with a flasher that operates over a load range of two lamps to the total hazard warning system load of the vehicle plus the trailer. "3. The requirement to provide turn signal outage is voided due to the trailer towing capability of the vehicle." This is correct. Under section S5.5.6 of Standard No. l08, any vehicle equipped to tow trailers and which uses a variable-load turn signal flasher is exempted from the failure indication requirements of the SAE standards on turn signals. I hope that this answers your questions. Sincerely,
Paul Jackson Rice Chief Counsel ref:l08 d:8/3l/90 |
1970 |
ID: nht74-5.52OpenDATE: 01/22/74 FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA TO: West & Wilkinson TITLE: FMVSS INTERPRETATION TEXT: This is in response to your letter of January 2, 1974 requesting information concerning the legal permissibility of an automobile dealership furnishing private passenger motor vehicles with add-on gasoline tanks or modifying existing gasoline tanks. Motor Vehicle Safety Standard No. 301, Fuel System Integrity, establishes minimum performance requirements for motor vehicle fuel systems. Compliance with the level of performance mandated by the standard is enforced by Section 108(a)(1) of the National Traffic and Motor Vehicle Safety Act which prohibits the manufacture, sale, delivery, or importation of vehicles or motor vehicle equipment that do not meet the requirements of applicable safety standards. Therefore, if your client modified a motor vehicle fuel tank in such a manner that it no longer complied with Standard No. 301 and then offered it for initial sale for purposes other than resale he would be in violation of the Motor Vehicle Safety Act and would be subject to civil penalties of not more than $ 1,000 for each such violation. If, however, your client performed a fuel tank modification on a vehicle that was already owned by and in the possession of a buyer who purchased the vehicle for purposes other than resale, no violation of the Act could result. The installation of an add-on fuel tank would be considered a modification. Therefore, the fuel system would have to comply with Standard No. 301 with the add-on fuel tank considered as part of the system. There are no Motor Vehicle Safety Standards applicable to add-on gasoline tanks since these are items of motor vehicle equipment and Standard No. 301 restricts its application to motor vehicles. Section 113(c)(2) of the Motor Vehicle Safety Act, however, authorizes the Secretary of Transportation to determine whether or not an item of motor vehicle equipment contains a defect which relates to motor vehicle safety. If the Secretary finds that a safety-related defect exists, your client may be compelled to notify all purchasers of vehicles with the add-on fuel tanks of the attendant hazard. The action of installing add-on gasoline tanks in motor vehicles exposes your client to the requirements of yet another safety regulation (49 CFR 567.7) If the vehicle in which he installs the fuel tank is a certified and complete vehicle that has not yet been purchased in good faith for purposes other than resale, your client will be considered an alterer of the vehicle, and he must provide a certification that the vehicle as altered still conforms to the standards. YOURS TRULY, WEST & WILKINSON January 2, 1974 Secretary of Transportation Department of Transportation According to the Federal Motor Vehicle Safety Standards Act, 15 USC Sections 1391 et seq., and particularly Section 1392, your office was empowered and directed to adopt minimum safety standards for motor vehicles. We do not have ready access to whatever standards have been promulgated but have received inquiry from a client concerning the existence of a specific provision in such standards. Specifically, my client, an automobile dealership, inquires if there is any prohibition(Illegible Word) civil or criminal sanctions on adding gasoline tanks to private passenger motor vehicles, including campers, or modifying existing gasoline tanks on such vehicles. Your assistance will be appreciated. Richard Wright West |
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ID: nht75-5.10OpenDATE: 05/30/75 FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA TO: Bock & Jones TITLE: FMVSR INTERPRETATION TEXT: This is in response to your letter of May 2, 1975, inquiring about the existence of regulations governing the manufacture, design, and on-the-road operation of trailers used to transport fertilizer while hitched to a pickup truck. The National Highway Traffic Safety Administration has the responsibility of promulgating safety standards that set minimum performance requirements for vehicles manufactured and/or sold in the United States. There are five motor vehicle safety standards that apply to trailers. These standards relate to trailer lighting, tires, and braking systems (Standard No. 106-74, Brake Hoses (49 CFR Part 571.106), Standard No. 108, Lamps, Reflective Devices and Associated Equipment (49 CFR Part 571.108), Standard No. 116, Motor Vehicle Brake Fluids (49 CFR Part 571.116), Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars (49 CFR Part 571.119), Standard No. 121, Air Brake Systems (49 CFR Part 571.121)). There is no safety standard that applies to the towing of a trailer. The use of a safety chain to guard against release of the trailer may, however, be mandated by State law. Yours truly, ATTACH. BOCK & JONES -- ATTORNEYS AT LAW May 2, 1975 CERTIFIED MAIL -- RETURNED RECEIPT REQUESTED #466442 Legal Department -- Department of Transportation Gentlemen: I am involved in a lawsuit in which a large fertilizer manufacturer-distributor furnished a four wheel pull-type fertilizer applicator, constructed very similar to a normal trailer, and was used for transporting bulk fertilizer from the distribution point, on the public highways, pulled by a pickup truck, to farms, for fertilizer application. The trailer hitch was of a standard type which coupled to a hole in the rear bumper of the pickup truck. For some unknown reason, the clevis pin probably broke, the trailer became uncoupled from the pickup truck, and crossed the centerline of the public highway, killing the driver of the approaching vehicle. The trailer did not have the standard type of commonly used safety chains, which are also usually attached to the pulling vehicle to avoid accidents if the trailer hitch becomes uncoupled. Since becoming involved in this litigation, we have determined that this is not uncommon in the area, as apparently these clevis pins through use, jolts, etc., do fracture or break, but fortunately the other accidents in the area were not fatal to other people. My purpose in writing to your department is to determine: (1) Whether or not you issue any type of regulations covering the manufacture or design of such trailers? (2) Whether or not you have any type of regulations that set minimum standards for such trailers or applicators to be pulled or used on public highways? If your agency should not be involved in such, perhaps you could advise us of another regulatory agency that might have such regulations. Thanking you for this information, we are Sincerely yours, By: Harold D. Jones |
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.