NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
| Interpretations | Date |
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ID: aiam2099OpenMr. David Ballon, Glascock, Ballon, Vorder, Bruegge & Friedman, Suite 2424, 100 North Main Building, Memphis, TN 38103; Mr. David Ballon Glascock Ballon Vorder Bruegge & Friedman Suite 2424 100 North Main Building Memphis TN 38103; Dear Mr. Ballon: This is in response to your letter of October 14, 1975, to Ms. Kare Kreshover, of this office, asking if there have been any previous interpretations of Section 580.5(b) of 49 CFR Part 580, *Odometer Disclosure Requirements*, indicating that new car dealers must provide odometer disclosure statements to purchasers of new vehicles. Your question was prompted by a September 17, 1975, letter from this agency to Mr. William C. Koch, advising him that a new vehicle dealer must complete disclosure statements for all vehicles he transfers to persons who are taking possession for purposes other than reselling the vehicles.; Although the National Highway Traffic Safety Administration takes th position that section 580.5(b) clearly expresses the requirement that new vehicle dealers must execute odometer disclosure statements when transferring new vehicles to individuals purchasing them for purposes than resale, it has on two previous occasions explicitly pointed out this responsibility in correspondence. Copies of these two letters are enclosed for your information.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam2133OpenHonorable H. S. Knight, Director, United States Secret Service, 1800 G Street, N.W., Washington, DC 20226; Honorable H. S. Knight Director United States Secret Service 1800 G Street N.W. Washington DC 20226; Dear Mr. Knight: This is in response to the November 19, 1975, request from the Secre Service for a description of the application of the Federal bumper standard (Standard No. 215, *Exterior Protection*) to vehicles whose bumper systems are modified.; Standard No. 215, the Federal motor vehicle safety standard tha applies to automobile bumpers, specifies performance requirements with which vehicles must comply. Full- sized passenger cars must be manufactured to withstand a series of longitudinal pendulum and barrier impacts at 5 mph front and rear and corner pendulum impacts at 3 mph front and rear without incurring damage to lighting, cooling, fuel, exhaust, propulsion, suspension, steering, or braking systems, or to doors or other closures.; If, after a vehicle has been purchased for purposes other than resale its owner decides to modify its bumper system, section 108(a) (2) (A) of the National Traffic and Motor Vehicle Safety Act (Pub. L. 89-563), as amended (Pub. L. 93-492), becomes applicable. Under that section manufacturers, distributors, dealers, and motor vehicle repair businesses are prohibited from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with a safety standard. Modification of an automobile bumper that caused it no longer to comply with the requirements of Standard 215 in effect on the date of the vehicle's manufacture would be violative of section 108 if the modification was accomplished by one of the above-named persons.; If the bumper were modified by a manufacturer, distributor, dealer, o motor vehicle repair business in such a way that the bumper either continued to meet or exceeded the requirements of Standard No. 215, section 108 would not be violated. All that is necessary is that the bumper continue to be capable of satisfying the performance requirements contained in the Standard on the date of the vehicle's manufacture.; A bumper system that has been modified by a person (individual corporate, or organizational) other than a manufacturer, distributor, dealer, or motor vehicle repair business, need not remain in compliance with the provisions of Standard No. 215.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam1436OpenMr. E. T. Linkous, Western Auto Associate Store, Kenale Shopping Cener(sic), Sanford, North Carolina 27330; Mr. E. T. Linkous Western Auto Associate Store Kenale Shopping Cener(sic) Sanford North Carolina 27330; Dear Mr. Linkous: This responds to your request for information on Standard 119, *Ne pneumatic tires for vehicles other than passenger cars,* and on a 'Petition No.2' concerning exemption of 'Mopeds' from the motor cycle regulatory category.; Standard 119 applies to tires, not vehicles, and therefore it regulate only the manufacturer of the tire, not a retailer of vehicles like yourself.; The 'Petition No. 2' to which you refer was files by Mr. Robert Smit of Ohio Bikes, 631 Broad Street, Columbus, Ohio 43215, asking for a redefinition of 'motorcycle' to exclude Moped-type vehicles, and a change in the lighting standard to exclude Moped-type vehicles from he present motorcycle requirements.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4634OpenMr. John Schroeter August Industries 26717 216th Av., S.E. Maple Valley, WA 98038; Mr. John Schroeter August Industries 26717 216th Av. S.E. Maple Valley WA 98038; "Dear Mr. Schroeter: This responds to your letter asking fo information about the application of Federal safety standards to a head restraint that attaches to the rear window of pickup trucks. I regret the delay in responding. I hope the following information is helpful. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our Federal motor vehicle safety standards. Instead, under the National Traffic and Motor Vehicle Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information provided in your letter. There is currently no Federal motor vehicle safety standard that is directly applicable to the product you wish to manufacture and sell. Our standard for head restraints (Standard No. 202) applies only to completed new passenger cars and not to a head restraint device sold as an item of 'aftermarket' equipment for pickup trucks. However, there are other Federal laws that indirectly affect your manufacture and sale of the head restraint device. Under the Safety Act, your device is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your head restraints contain a safety related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Safety Standard No. 302, Flammability of Interior Materials (copy enclosed), would also affect your head restraint if your product is installed by a commercial business on either new or used vehicles. A manufacturer installing your head restraint device on a new truck prior to certifying the truck as complying with all applicable Federal motor vehicle safety standards, as required by the Safety Act, has certain responsibilities relating to that obligation to certify. Standard No. 302 establishes flammability resistance requirements for trucks that must be met by certain vehicle components, including head restraints. The new vehicle manufacturer that installs your product on the new vehicle would have to certify the vehicle's compliance with Standard No. 302, and thus would be required to ensure that the head restraint device conforms to the flammability resistance requirements of the standard. A commercial business that installs the head restraint on new or used vehicles would be subject to statutory considerations that affect whether the business may install your product on a vehicle without violating the Safety Act. Section 108(a)(2)(A) of the Act states: 'No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...' This section requires manufacturers, distributors, dealers or motor vehicle repair businesses (i.e., any person holding him or herself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation) installing your head restraint device on new or used vehicles to ensure that the addition of the apparatus would not negatively affect the compliance of any component or design on a vehicle with applicable Federal safety standards. For example, the commercial entity must ensure that the addition of the device does not degrade from the safety provided by flammable-resistant materials in the vehicle's interior compartment which have been installed in accordance with Standard No. 302. Installation of rapidly burning materials could vitiate the compliance of the materials which were present in the vehicle at the time of its sale to the first consumer and were certified as meeting FMVSS No. 302. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of /108. However, the prohibitions of /108(a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her vehicle. Thus, a vehicle owner would not violate the Safety Act by installing the head restraint, even if doing so would negatively affect some safety feature in his or her vehicle. In addition to the materials described above, I am also enclosing a Federal Register notice (53 FR 50047) that NHTSA issued on December 13, 1988, proposing to extend the applicability of Standard No. 202 to light trucks and vans. NHTSA has proposed to make this extension effective September 1, 1991. We expect to announce the agency's next step in the rulemaking proceeding by this fall. Please feel free to contact us if you have further questions. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosures"; |
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ID: aiam1066OpenMrs. Lewis Cook, Young Windows, Inc., Brook and Colwell Roads, Conshohocken, PA 19428; Mrs. Lewis Cook Young Windows Inc. Brook and Colwell Roads Conshohocken PA 19428; Dear Mrs. Cook: This is in reply to your letter of February 20, 1973, requestin clarification of the certification and labeling requirements of Motor Vehicle Safety Standard No. 205, 'Glazing Materials', for persons who cut sections of glazing materials. You state your understanding is that such persons should add to the cut piece the DOT symbol and the manufacturer's code mark used on the larger piece from which the smaller piece was cut. Your understanding of these requirements is not correct. The labeling requirements of Standard No. 205 were most recently amended on November 11, 1972 (37 FR 24035, copy enclosed). These amendments become effective April 1, 1973. They require a person who cuts glazing material to mark it in accordance with section 6 of ANS Z26. This does *not* include the DOT symbol and the mark of the manufacturer of the larger sheet, and these items should *not* be included by persons who only cut the material. That person must also certify the material in accordance with section 114 of the National Traffic and Motor Vehicle Safety Act (15 USC 1403). One method by which this can be done is to affix a removable label to the glazing material which states that it conforms to the Federal safety standard.; You ask how the 'AS12' and 'AS13' marking should be affixed. The 'AS designation is part of the labeling required by section 6 of ANS Z26, and it should be applied in the manner that the other labeling items of that section are applied. We understand etching is the method ordinarily used, and it is appropriate.; Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4264OpenMr. Allen R. Tank, President, Minikin, 606 NE Lincoln Avenue, St. Cloud, MN 56301; Mr. Allen R. Tank President Minikin 606 NE Lincoln Avenue St. Cloud MN 56301; Dear Mr. Tank: This is in reply to your letter of December 29, 1986, with respect t the definition of 'motorcycle' for purposes of compliance with the Federal motor vehicle safety standards. You have asked whether a vehicle with two wheels at the front, and one at the rear with two tires mounted on it, would still be regarded as a motorcycle.; The definition of a motorcycle is 'a motor vehicle with motive powe having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.' This is techically (sic) inaccurate in part because wheels do not contact the ground. I believe that the drafter of the definition meant to say 'tires' rather than 'wheels.' Thus the configuration about which you have asked is one in which four tires contact the ground, and we therefore conclude that such a vehicle would not be regarded as a motorcycle.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam0227OpenMr. J. C. Eckhold, Ford Motor Company, The American Road, Dearborn, MI 48121; Mr. J. C. Eckhold Ford Motor Company The American Road Dearborn MI 48121; This is in reply to your letter of March 19, 1970 with which yo submitted for our examination a sample format for consumer information produced by a computer.; The sample that you submitted does deviate from the requirements of th consumer information regulations in that the required warnings and explanations are placed on a sheet that is separate from the numerical data. The regulations generally require that the information be presented in the form illustrated by the published figures, with the explanatory matter in proximity to the numerical data. I believe that computer printing is flexible enough to allow you to accomplish this.; Sincerely, Douglas W. Toms, Director |
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ID: aiam5025OpenMr. Peter K. Brown President, KC HiLites, Inc. Avenida de Luces Williams, AZ 86046-0155; Mr. Peter K. Brown President KC HiLites Inc. Avenida de Luces Williams AZ 86046-0155; Dear Mr. Brown: This responds to your letter of May 6, 1992, wit respect to your 'quad beam' product. You point out that, in normal operation, the headlamp lower beam is extinguished when the upper beam is activated, 'quad beam' ensures that the lower beam remains activated when the upper beam is used. We advised you on July 2, 1990, that installation of 'quad beam' would be acceptable on certain types of four-lamp headlighting systems. You have now asked whether the device can 'legally be used on two headlamp systems, either sealed beam or replaceable bulb type?' Paragraph S5.5.9 of Federal Motor Vehicle Safety Standard No. 108 states that ' except for certain four-lamp systems enumerated in S5.5.8 the wiring harness or connector assembly of each headlamp system shall be designed so that only those light sources intended for meeting lower beam photometrics are energized when the beam selector switch is in the lower beam position, and that only those light sources intended for meeting upper beam photometrics are energized when the beam selector switch is in the upper beam position.' This would preclude installation of the 'quad beam' on two lamp headlamp systems. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam1965OpenMr. Heinz Gerth, Assistant Vice President, Engineering, Mercedes-Benz of North America, Inc., P.O. Box 350, Montvale, NJ 07645; Mr. Heinz Gerth Assistant Vice President Engineering Mercedes-Benz of North America Inc. P.O. Box 350 Montvale NJ 07645; Dear Mr. Gerth: This is in response to your letter of May 5, 1975, asking at what poin the test voltage may be measured during testing for compliance with the Standard No. 103, *Windshield Defogging and Defrosting Systems*, requirement that the blower motor test voltage be 15% over nominal system rating at the blower motor or the supply end of the motor dropping resistor. Your question relates to the meaning of 'the supply end of the motor dropping resistor.'; Measurement of the blower motor test voltage should occur at the suppl side of the motor where there is no resistor. Where the system contains a resistor, the voltage should be measured at the supply side of the resistor, not between the resistor and the motor. The reason for this is that the test voltage level specified in the standard is intended to relate only to the voltage as it is fed into the defrosting and defogging system. The purpose of the voltage level specification is to assure a system capability to handle voltage levels that will normally be encountered during operation of the defroster and defogger. This can be accomplished by measurement of the voltage before the current reaches the resistor.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam3958OpenMr. James H. Westlake, Associate Director, American Truck Dealers Division, National Automobile Dealers Association, 8400 Westpark Drive, McLean, VA 22102; Mr. James H. Westlake Associate Director American Truck Dealers Division National Automobile Dealers Association 8400 Westpark Drive McLean VA 22102; Dear Mr. Westlake: This is in reply to your letter of February 25, 1985, to Mr. Stephe Wood of this office asking the following three questions about rebuilding and remanufacturing heavy duty trucks.; >>>'1) When rebuilding a used truck with a glider kit, it is ou understanding that the process is considered 'rebuilding' when the three major components (engine, transmission and rear axle) are reused in the rebuilding process. If one or more of these major components is new, does the production of the truck chassis change its legal character from 'rebuilding' to 'first stage manufacturer'?'<<<; Neither the National Traffic and Motor Vehicle Safety Act ('the Act' nor the Federal Motor Vehicle Safety Standard ('safety standards') contain the terms 'rebuilding' and 'first stage manufacturer'. Your question, however, is clear: when new and used components are used in rebuilding a heavy truck, at what point does the truck become a 'new' vehicle which must comply with all safety standards that apply to trucks.; The agency's regulation on *Combining new and used components*, 49 CF 571.7(e), provides:; >>>'When a new cab is used in the assembly of a truck, the truck wil be considered newly manufactured for purposes of compliance with the safety standards and other provisions of the Act unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components were taken from the same vehicle'.<<<; Thus, in terms of your question, if the three major components ar reused in the rebuilding process and at least two of the three came from the same vehicle, the Federal motor vehicle safety standards do not apply even if a new cab is used. But if one of the three components is new, or if all are used and came from three different motor vehicles, then the standards apply and the truck must meet them, and be certified as meeting them, upon final assembly.; Your reference to 'first stage manufacturer' implies that there may b rebuilding fact situations in which the process is completed by a person other than the manufacturer who initiated it. If the rebuilt truck is 'new', then its assemblers are subject to 49 CFR Part 568 *Vehicle (sic) Manufactured in Two or More Stages*. If the truck meets the definition of 'incomplete vehicle', then the 'incomplete vehicle manufacturer' is required to furnish the specified compliance information necessary for certification to the 'intermediate stage manufacturer' or the 'final stage manufacturer' as the case may be (sec. 568.3).; >>>'2) When a truck chassis is built by a dealer and legally classifie as 'new manufacturing' what federal regulations must be complied with that do not apply when the vehicle is considered rebuilt?'<<<; As indicated above, the truck must be completed to comply with al safety standards that apply to trucks and be certified by its assembler as so conforming in accordance with Part 567 *Certification*. If more than one party is involved in the remanufacturing process, each party is subject to Part 568. In addition, any party remanufacturing a truck that must be certified as conforming is required to file a statement in the form prescribed by Part 566 *Manufacturer Identification*.; >>>'3) What penalties exist for failing to comply with these Federa regulations?'<<<; As provided by section 109(a) of the act, any person violating an provision of the Act or a regulation issued thereunder is subject to a civil penalty of up to $1000 for each violation, up to $800,000 for any related series of violations. In addition, under Section 110(a) of the Act, the agency may seek to restrain the manufacture, sale, offer for sale, introduction, or delivery for introduction into interstate commerce of any rebuilt truck that should have met Federal motor vehicle safety standards but in fact did not do so. Also, section 154 of the Act requires manufacturers to conduct recall campaigns and remedy any non-compliances with applicable safety standards.; I hope this information is helpful. Sincerely, Jeffrey R. Miller, Chief Counsel |
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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.