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: aiam0871OpenMr. David J. Humphreys, RVI Washington Counsel, Recreational Vehicle Institute, Inc., Suite 406, 1140 Connecticut Avenue, Washington, DC, 20006; Mr. David J. Humphreys RVI Washington Counsel Recreational Vehicle Institute Inc. Suite 406 1140 Connecticut Avenue Washington DC 20006; Dear Mr. Humphreys: This is in reply to your letter of August 18, 1972, concerning th application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials', to motor homes.; You ask whether the standard would be applicable to wood flooring tha lies immediately under carpeting which is attached to the wood flooring by staples and which forms an interior floor covering over either the wheel housing or over the flooring in general. Paragraph S4.1 lists 'floor coverings' among the components required to meet the requirements of the standard. Since carpeting is a floor covering, it would have to meet the requirements of the standard. The flooring underneath the carpeting would not be considered a 'floor covering' and, accordingly, would not have to meet the requirements. Because the flooring is not listed as a component to which the standard applies, the issue of whether the carpeting-flooring-staples combination is a composite material under Paragraph S4.2(b) of the standard does not arise.; In general, any method of joining materials may be a 'mechanica attachment' subject to the standard if it achieves an intimate joining of separate materials in any given component. The question is not so much how the attachment is made, but how closely spaced are the attachment points.; You ask further whether the standard would apply to wheel housin covers where the wheel housing or a portion thereof would not be exposed to the interior of the vehicle. Although wheel housing covers are included in Paragraph S4.1, any component subject to the standard must also be included within the general language of that Paragraph, which only refers to materials used in 'vehicle occupant compartments.' If the wheel housing cover or any portion of it is or may be exposed to the occupant compartment, such as by the folding of seats, beds, or other movable components, then it is subject to the requirements of the standard. If it is fully separated from the occupant compartment by a nonremovable barrier when any interior component is used (including folding or convertible seats or beds), then it is considered to be outside the occupant compartment and not subject to the requirements.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam3934OpenMr. Hayley Alexander, Marketing Consultant, The LondonCoach Co., Inc., P.O. Box 1183, Mt. Clemens, MI 48043; Mr. Hayley Alexander Marketing Consultant The LondonCoach Co. Inc. P.O. Box 1183 Mt. Clemens MI 48043; Dear Mr. Alexander: This is in reply to your letter of March 25, 1985, asking for ou comments on your planned London Taxi marketing program.; Under the program, products of Carbodies Ltd. of Coventry, England would be imported 'devoid of an engine, transmission, and finished interior.' LondonCoach would then install 'an American engine, transmission and driveshaft, interior seats, coverings and details, and various exterior cosmetic trim items.' However, a 'representative' vehicle with the modifications mentioned above will have undergone all testing necessitated by the standards, at the Motor Industry Research Association in England. Vehicles would be certified by Carbodies as meeting the standards prior to importation, and LondonCoach Co., Inc., in the role of alterer, would attach the label attesting to continued compliance required by 49 CFR Section 567.7 upon completion of the modifications.; Under the National Traffic and Motor Vehicle Safety Act, certificatio of compliance of a motor vehicle can only be provided by the manufacturer or importer of a completed motor vehicle. Certification of compliance with at least four Federal motor vehicle safety standards is directly dependent upon the manner in which the Carbodies vehicles are completed by LondonCoach: Standard No. 124, *Accelerator Control Systems*, Standard No. 207, *Seating Systems*, Standard No. 301, *Fuel System Integrity*, and Standard No. 302, *Flammability of Interior Materials*. Therefore, LondonCoach is the only party who can certify compliance of the completed vehicle with Federal motor vehicle safety standards. As the manufacturer, LondonCoach is also responsible for assigning and affixing the vehicle identification number (VIN) to each vehicle, according to the requirements of Standard No. 115, *Vehicle Identification Number--Basic Requirements*, and 49 CFR Part 565, *Vehicle Identification Number--Content Requirements*.; The Carbodies products are an assemblage of items of motor vehicl equipment and should be labeled as equipment items for importation into the United States. Carbodies should certify that each item of motor vehicle equipment that is covered by a Federal motor vehicle safety standard complies with such standard. Those items are brake hoses, new pneumatic tires, brake fluid, surface glazing, seat belt assemblies, and lamps, reflective devices, and associated equipment. This certification should free LondonCoach, as the importer, from the obligation under 19 CFR 12.80 to post a compliance bond upon entry into the United States.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam3933OpenMr. Hayley Alexander, Marketing Consultant, The LondonCoach Co., Inc., P.O. Box 1183, Mt. Clemens, MI 48043; Mr. Hayley Alexander Marketing Consultant The LondonCoach Co. Inc. P.O. Box 1183 Mt. Clemens MI 48043; Dear Mr. Alexander: This is in reply to your letter of March 25, 1985, asking for ou comments on your planned London Taxi marketing program.; Under the program, products of Carbodies Ltd. of Coventry, England would be imported 'devoid of an engine, transmission, and finished interior.' LondonCoach would then install 'an American engine, transmission and driveshaft, interior seats, coverings and details, and various exterior cosmetic trim items.' However, a 'representative' vehicle with the modifications mentioned above will have undergone all testing necessitated by the standards, at the Motor Industry Research Association in England. Vehicles would be certified by Carbodies as meeting the standards prior to importation, and LondonCoach Co., Inc., in the role of alterer, would attach the label attesting to continued compliance required by 49 CFR Section 567.7 upon completion of the modifications.; Under the National Traffic and Motor Vehicle Safety Act, certificatio of compliance of a motor vehicle can only be provided by the manufacturer or importer of a completed motor vehicle. Certification of compliance with at least four Federal motor vehicle safety standards is directly dependent upon the manner in which the Carbodies vehicles are completed by LondonCoach: Standard No. 124, *Accelerator Control Systems*, Standard No. 207, *Seating Systems*, Standard No. 301, *Fuel System Integrity*, and Standard No. 302, *Flammability of Interior Materials*. Therefore, LondonCoach is the only party who can certify compliance of the completed vehicle with Federal motor vehicle safety standards. As the manufacturer, LondonCoach is also responsible for assigning and affixing the vehicle identification number (VIN) to each vehicle, according to the requirements of Standard No. 115, *Vehicle Identification Number--Basic Requirements*, and 49 CFR Part 565, *Vehicle Identification Number--Content Requirements*.; The Carbodies products are an assemblage of items of motor vehicl equipment and should be labeled as equipment items for importation into the United States. Carbodies should certify that each item of motor vehicle equipment that is covered by a Federal motor vehicle safety standard complies with such standard. Those items are brake hoses, new pneumatic tires, brake fluid, surface glazing, seat belt assemblies, and lamps, reflective devices, and associated equipment. This certification should free LondonCoach, as the importer, from the obligation under 19 CFR 12.80 to post a compliance bond upon entry into the United States.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam5487Open"Mr. Gary Blous V.P. Engineering Fitting Image 2075 Adams Avenue San Leandro, CA 94577"; "Mr. Gary Blous V.P. Engineering Fitting Image 2075 Adams Avenue San Leandro CA 94577"; "Dear Mr. Blous: This responds to your letter asking about how thi agency's regulations might apply to your product. I apologize for the delay in sending this letter. In your letter, you described your product as a bag holder for the interior of vehicles, designed to attach to the head restraint and hang on the back side of the front seats. Based on the illustration you provided, the bag holder appears to be a 12 inch flexible strap that attaches to the head restraint, with a 'rigid plastic' hook at the end from which plastic grocery bags are suspended. The short answer to your question is that, while there are no regulations that apply directly to your product, there are Federal requirements that may affect the sale of this product. I am enclosing a copy of a fact sheet titled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.' By way of background information, NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. NHTSA's authority to issue these regulations is based on title 49, section 30102(7) of the U.S. Code (formerly the National Traffic and Motor Vehicle Safety Act), the relevant part of which defines the term 'motor vehicle equipment' as: (A) any system, part, or component of a motor vehicle as originally manufactured, (B) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component or as any accessory, or addition to a motor vehicle . . . (emphasis added). Although you appear to recognize the applicability of our regulations, based on your characterization of your product as 'after market equipment,' allow me to explain how NHTSA determines whether an item of equipment is considered an accessory under the U.S. Code. The agency applies two criteria. The first criterion is whether a substantial portion of its expected uses are related to the operation or maintenance of motor vehicles. We determine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is purchased or otherwise acquired, and principally used, by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an 'accessory' and thus subject to the provisions of the U.S. Code. Your bag holder appears to be an accessory and thus an item of motor vehicle equipment under our regulations. It appears to be designed specifically to fit in motor vehicles using the head restraints, meaning that a substantial portion of its expected use relates to motor vehicle operation. The bag holder would typically be purchased and used by ordinary users of motor vehicles (i.e., anyone using the vehicle). While your bag holder is an item of motor vehicle equipment, NHTSA has not issued any standards for such an item. However, you as a manufacturer of motor vehicle equipment are subject to the requirements in sections 30118-30122 of Title 49 of the U.S. Code concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Although no standards apply directly to the bag holder, there are other provisions of law that may affect the manufacture and sale of your product. NHTSA has issued a safety standard (Standard No. 201, Occupant protection in interior impact) that requires, among other things, that seat backs have a certain amount of cushioning to provide protection when struck by the head of rear seat passengers during a crash. Installation of your product on the back of front seats could have an impact on compliance with that standard. If your bag holder were installed so that a hard object (e.g., the rigid plastic hook) were to be struck by the occupant's head, the requisite amount of cushioning might not be achieved. We do not know how big or how 'rigid' the hook is, but it is something of which you should be aware. Other legal requirements could apply depending on how your product is marketed. If your product were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with the bag holder installed complies with all FMVSS's, including Standard No. 201. In addition, although we recognize it would be unlikely that your product would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, section 30122(b) of title 49 prohibits those commercial businesses from 'knowingly mak ing inoperative any part of a device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard . . .' For instance, compliance with Standard No. 201 might be degraded if the bag holder were mounted in front of rear seat passengers. Any violation of this 'make inoperative' prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation. The 'make inoperative' prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install your bag holder in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Mr. Atelsek of my staff at this address or by telephone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel Enclosure"; |
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ID: aiam5169OpenMr. Lawrence Hufstedler Mr. Raymond Kesler Kesler Research Enterprises, LTD. 5508 Cahuenga Boulevard North Hollywood, CA 91601; Mr. Lawrence Hufstedler Mr. Raymond Kesler Kesler Research Enterprises LTD. 5508 Cahuenga Boulevard North Hollywood CA 91601; "Dear Messrs. Hufstedler and Kesler: This responds to your lette inquiring about the field-of-view requirements in Federal Motor Vehicle Safety Standard No. 111, Rearview Mirrors (49 CFR 571.111, copy enclosed) applicable to what you refer to as 'passenger vehicles' weighing under 10,000 pounds. You requested a written interpretation explaining the Standard's requirements in situations where such vehicles have a left side and an interior mirror that comply with the field-of-view requirement. In particular, you wanted confirmation that in such situations a manufacturer may equip a vehicle's passenger side with any supplemental mirror or no mirror at all. You also asked whether the vehicle owner may equip a vehicle in this manner. I am pleased to have this opportunity to explain our regulations to you. Along with a copy of Standard No. 111, I am enclosing the final rule that states the agency's decision to permit the use of convex mirrors on the exterior passenger side of passenger cars. (47 FR 38698, September 2, 1982). This notice explains the agency's regulations applicable to such convex mirrors in various situations. By way of background, NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue Federal motor vehicle safety standards (FMVSS's) that set performance requirements for new motor vehicles and new items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with the FMVSS's. Instead, under the Safety Act, each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. NHTSA issued Standard No. 111 to establish performance requirements for mirrors installed in each new vehicle. Section S5 of Standard No. 111 specifies the requirements applicable to mirrors installed on passenger cars. S5 requires that passenger cars be equipped with an inside rearview mirror of unit magnification and a driver's side outside rearview mirror of unit magnification that provide the field-of-view specified in S5.1.1. If the inside rearview mirror meets the field-of-view requirements of S5.1.1, then a mirror on the passenger side is not required. Please be aware that in such a situation a manufacturer could voluntarily install any type of exterior passenger side mirror, which the agency would permit as a supplemental mirror. If the inside rearview mirror of a passenger car does not meet the field-of- view requirements of S5.1.1, then a mirror of unit magnification or a convex mirror must be installed on the passenger side. If a convex mirror is installed on the passenger side to meet the field-of-view requirements, then that convex mirror must meet certain additional requirements that are set forth in section S5.4. These additional requirements address the convex mirror's permissible radius of curvature and an informational message that must be marked onto the mirror. Section S6 specifies the requirements applicable to mirrors installed on multipurpose passenger vehicles (MPV's), trucks, and buses other than school buses, with a GVWR of 10,000 pounds or less. Such vehicles would comply with the standard if they are equipped with mirrors that conform to the requirements (expressed in the previous two paragraphs) that are applicable to passenger cars. Alternatively, MPV's, trucks and buses would comply with the standard if they are equipped with outside mirrors of unit magnification, each with not less than 19.5 square inches of reflective surface, on both sides of the vehicle. Please note that the requirements of Standard No. 111 apply to new, completed vehicles and do not apply to mirrors installed as aftermarket equipment. The only limitation on aftermarket installations is set forth in section 108(a)(2)(A) of the Safety Act, which prohibits any manufacturer, distributor, dealer, or motor vehicle repair business 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 an applicable safety standard. The rearview mirror system in a vehicle is a device installed in compliance with an applicable safety standard. If the installation of an aftermarket mirror system resulted in a vehicle no longer complying with Standard No. 111, a manufacturer, distributor, dealer, or motor vehicle repair business performing the work would have rendered inoperative a device (i.e., the mirror system) installed in the vehicle in compliance with Standard No. 111, in violation of 108(a)(2)(A). In addition to the foregoing, you should be aware that manufacturers of motor vehicle equipment, such as vehicle mirrors, are subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. If you or NHTSA determines that a safety defect exists, you must notify purchasers of your product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which the mirror is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer that fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $1,000 per violation. Please note that the Safety Act does not establish any limitations on an individual vehicle owner's ability to alter his or her own vehicle. Under Federal law, individual vehicle owners can install any mirror system they want on their own vehicles, regardless of whether that mirror system renders inoperative the vehicle's compliance with the requirements of Standard No. 111. However, NHTSA encourages vehicle owners not to tamper with vehicle safety equipment if the modification would degrade the safety of the vehicle. I hope this information is helpful. Please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam5486Open"Mr. Gary Blous V.P. Engineering Fitting Image 2075 Adams Avenue San Leandro, CA 94577"; "Mr. Gary Blous V.P. Engineering Fitting Image 2075 Adams Avenue San Leandro CA 94577"; "Dear Mr. Blous: This responds to your letter asking about how thi agency's regulations might apply to your product. I apologize for the delay in sending this letter. In your letter, you described your product as a bag holder for the interior of vehicles, designed to attach to the head restraint and hang on the back side of the front seats. Based on the illustration you provided, the bag holder appears to be a 12 inch flexible strap that attaches to the head restraint, with a 'rigid plastic' hook at the end from which plastic grocery bags are suspended. The short answer to your question is that, while there are no regulations that apply directly to your product, there are Federal requirements that may affect the sale of this product. I am enclosing a copy of a fact sheet titled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.' By way of background information, NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. NHTSA's authority to issue these regulations is based on title 49, section 30102(7) of the U.S. Code (formerly the National Traffic and Motor Vehicle Safety Act), the relevant part of which defines the term 'motor vehicle equipment' as: (A) any system, part, or component of a motor vehicle as originally manufactured, (B) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component or as any accessory, or addition to a motor vehicle . . . (emphasis added). Although you appear to recognize the applicability of our regulations, based on your characterization of your product as 'after market equipment,' allow me to explain how NHTSA determines whether an item of equipment is considered an accessory under the U.S. Code. The agency applies two criteria. The first criterion is whether a substantial portion of its expected uses are related to the operation or maintenance of motor vehicles. We determine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is purchased or otherwise acquired, and principally used, by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an 'accessory' and thus subject to the provisions of the U.S. Code. Your bag holder appears to be an accessory and thus an item of motor vehicle equipment under our regulations. It appears to be designed specifically to fit in motor vehicles using the head restraints, meaning that a substantial portion of its expected use relates to motor vehicle operation. The bag holder would typically be purchased and used by ordinary users of motor vehicles (i.e., anyone using the vehicle). While your bag holder is an item of motor vehicle equipment, NHTSA has not issued any standards for such an item. However, you as a manufacturer of motor vehicle equipment are subject to the requirements in sections 30118-30122 of Title 49 of the U.S. Code concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Although no standards apply directly to the bag holder, there are other provisions of law that may affect the manufacture and sale of your product. NHTSA has issued a safety standard (Standard No. 201, Occupant protection in interior impact) that requires, among other things, that seat backs have a certain amount of cushioning to provide protection when struck by the head of rear seat passengers during a crash. Installation of your product on the back of front seats could have an impact on compliance with that standard. If your bag holder were installed so that a hard object (e.g., the rigid plastic hook) were to be struck by the occupant's head, the requisite amount of cushioning might not be achieved. We do not know how big or how 'rigid' the hook is, but it is something of which you should be aware. Other legal requirements could apply depending on how your product is marketed. If your product were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with the bag holder installed complies with all FMVSS's, including Standard No. 201. In addition, although we recognize it would be unlikely that your product would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, section 30122(b) of title 49 prohibits those commercial businesses from 'knowingly mak ing inoperative any part of a device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard . . .' For instance, compliance with Standard No. 201 might be degraded if the bag holder were mounted in front of rear seat passengers. Any violation of this 'make inoperative' prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation. The 'make inoperative' prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install your bag holder in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Mr. Atelsek of my staff at this address or by telephone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel Enclosure"; |
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ID: aiam5647OpenMr. Ken Van Sciver Sciver Corporation Post Office Box 1283 Broomfield, CO 80038; Mr. Ken Van Sciver Sciver Corporation Post Office Box 1283 Broomfield CO 80038; "Dear Mr. Van Sciver: This responds to your letter of October 3, 199 to this office requesting information on any safety standards applicable to the Auto Bib, a new product you are developing and marketing. From the promotional material you furnished with your letter, your Auto Bib can be described as a portable cover, of Naugahyde fabric, that clips between the window and door molding of a vehicle's door. The Auto Bib unrolls downward to cover the door, and is intended to protect the door's upholstery from damage caused by children, pets, and the sun. By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle. Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable FMVSSs. NHTSA enforces compliance with the standards by randomly purchasing and testing motor vehicles and equipment. NHTSA also investigates safety-related defects. If a vehicle or item of equipment is found not to comply with applicable standards or is found to have a safety defect, the manufacturer is responsible for remedying the noncompliance or defect at no charge to the customer. NHTSA neither tests, approves, disapproves, endorses, or grants clearances for products prior to their introduction into the retail market. Turning now to the Auto Bib, NHTSA would classify it as an item of motor vehicle equipment, defined in 49 U.S.Code (U.S.C.), 30102(7)(B) as any 'part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle.' Specifically, the Auto Bib is an accessory if it meets two tests: a. A substantial portion of its expected uses are related to the operation or maintenance of motor vehicles, and b. It is purchased or otherwise acquired, and principally used, by ordinary users of motor vehicles. After reviewing the product literature you enclosed with your letter, we conclude that the Auto Bib is an accessory. The Auto Bib was designed and is being marketed with the expectation that a substantial portion of its expected use will be in motor vehicles. Even its name indicates its intended purpose. Secondly, the promotional literature makes it clear that the Auto Bib is intended to be purchased and principally used by ordinary users of motor vehicles, as distinguished from professional vehicle repair businesses, since its stated purpose is to preserve motor vehicle upholstery from damage by children, pets, and the sun. While the Auto Bib is a motor vehicle accessory, NHTSA has not issued any FMVSSs establishing performance standards applicable to this product. However, you as the manufacturer are subject to the requirements of 49 U.S.C. 30116 - 30121 which set forth the recall and remedy procedures for products with defects related to motor vehicle safety. As noted earlier, in the event that you or NHTSA determines that the product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge. You asked about state or local requirements that may apply to your product. NHTSA has no information on such requirements. You may, however, be able to obtain some relevant information in that regard from: Automotive Manufacturers Equipment Compliance Agency, Inc. 1090 Vermont Avenue, N.W., Suite 1200 Washington, DC 20005 (202) 898-0145, Fax (202) 898-0148 I hope this information is helpful to you. Should you have any further questions or need any additional information, please feel free to contact Mr. Myers of my staff at this address or at (202) 366-2992. Sincerely, Samuel J. Dubbin Chief Counsel"; |
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ID: aiam1679OpenMr. Kenneth Winiarski, Field Enterprises Education Corp., Merchandise Mart Plaza, Chicago, IL 60654; Mr. Kenneth Winiarski Field Enterprises Education Corp. Merchandise Mart Plaza Chicago IL 60654; Dear Mr. Winiarski: Your letter of October 8, 1974, to Mr. Bobby Boaz has been forwarded t this office for reply. You appear to be interested in obtaining some general statements regarding the applicability of motor vehicle safety standards to different types of motor vehicles.; We attempt to apply each Federal motor vehicle safety standard to a wide a range of motor vehicles and motor vehicle equipment as is reasonable, practicable and appropriate. It is not entirely accurate, however, to say that the standards apply to the performance of equipment which vehicles are required to have. The standards are divided conceptually into three types: those which apply to new vehicles, those which apply to motor vehicle equipment (*e.g.* tires, child seats, etc.) and those which apply to both vehicles and equipment. In the case of a standard which applies to vehicles, the tests employed by the standard can take into account vehicle structure, weight, and design. In other words it is the method by which equipment is integrated into a vehicle that is important, rather than the performance of the equipment taken alone.; Standards which apply to vehicles specify the particular vehicle type to which they apply. Most early vehicle standards applied only to passenger cars. Since that time we have attempted to expand the applicability of some of these standards to other vehicle types. In each case, as I indicated above, a standard must be reasonable, practicable, and appropriate for the type of vehicle to which it is applied. In some cases, this is a matter of technology as you suggest. In others, however, the question may be one of safety need. For example, some standards do not apply to trailers (*e.g.*, Standard No. 302, 'Flammability of interior materials') or to equipment for use in trailers (No. 205, 'Glazing materials') because State laws prohibit people from riding in trailers. In this regard standards can also be directed at particular vehicle types to alleviate safety problems particular to them. A good example of this is Standard No. 217, 'Bus window retention and release.'; Your statements regarding seat belts and the applicability of Standard No. 208, 209, and 210 are not correct. While these requirements are somewhat complex, I believe an appropriate summary would be that seat belts and anchorages are required at all permanent seating positions including lateral or rearward positions, in all motor vehicles except trailers, motorcycles, and the passenger seats in buses.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam1678OpenMr. Kenneth Winiarski, Field Enterprises Education Corp., Merchandise Mart Plaza, Chicago, IL 60654; Mr. Kenneth Winiarski Field Enterprises Education Corp. Merchandise Mart Plaza Chicago IL 60654; Dear Mr. Winiarski: Your letter of October 8, 1974, to Mr. Bobby Boaz has been forwarded t this office for reply. You appear to be interested in obtaining some general statements regarding the applicability of motor vehicle safety standards to different types of motor vehicles.; We attempt to apply each Federal motor vehicle safety standard to a wide a range of motor vehicles and motor vehicle equipment as is reasonable, practicable and appropriate. It is not entirely accurate, however, to say that the standards apply to the performance of equipment which vehicles are required to have. The standards are divided conceptually into three types: Those which apply to new vehicles, those which apply to motor vehicle equipment (*e.g.* tires, child seats, etc.) and those which apply to both vehicles and equipment. In the case of a standard which applies to vehicles, the tests employed by the standard can take into account vehicle structure, weight, and design. In other words it is the method by which equipment is integrated into a vehicle that is important, rather than the performance of the equipment taken alone.; Standards which apply to vehicles specify the particular vehicle type to which they apply. Most early vehicle standards applied only to passenger cars. Since that time we have attempted to expand the applicability of some of these standards to other vehicle types. In each case, as I indicated above, a standard must be reasonable, practicable, and appropriate for the type of vehicle to which it is applied. In some cases, this is a matter of technology as you suggest. In others, however, the question may be one of safety need. For example, some standards do not apply to trailers (*e.g.*, Standard No. 302, 'Flammability of interior materials') or to equipment for use in trailers (No. 205, 'Glazing materials') because State laws prohibit people from riding in trailers. In this regard standards can also be directed at particular vehicle types to alleviate safety problems particular to them. A good example of this is Standard No. 217, 'Bus window retention and release.'; Your statements regarding seat belts and the applicability of Standard No. 208, 209, and 210 are not correct. While these requirements are somewhat complex, I believe an appropriate summary would be that seat belts and anchorages are required at all permanent seating positions including lateral or rearward positions, in all motor vehicles except trailers, motorcycles, and the passenger seats in buses.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam1677OpenMr. Kenneth Winiarski, Field Enterprises Education Corp., Merchandise Mart Plaza, Chicago, Illinois 60654; Mr. Kenneth Winiarski Field Enterprises Education Corp. Merchandise Mart Plaza Chicago Illinois 60654; Dear Mr. Winiarski: Your letter of October 8, 1974, to Mr. Bobby Boaz has been forwarded t this office for reply. You appear to be interested in obtaining some general statements regarding the applicability of motor vehicle safety standards to different types of motor vehicles.; We attempt to apply each Federal motor vehicle safety standard to a wide range of motor vehicles and motor vehicle equipment as is reasonable, practicable and appropriate. It is not entirely accurate, however, to say that the standards apply to the performance of equipment which vehicles are required to have. The standards are divided conceptually into three types: those which apply to new vehicles, those which apply to motor vehicle equipment (*e.g.* tires, child seats, etc.) and those which apply to both vehicles and equipment. In case of a standard which applies to vehicles, the tests employed by the standard can take into account vehicle structure, weight, and design. In other words it is the method by which equipment is integrated into a vehicle that is important, rather than the performance of equipment taken alone.; Standards which apply to vehicles specify the particular vehicle type to which they apply. Most early vehicle standards applied only to passenger cars. Since that time we have attempted to expand the applicability of some of these standards to other vehicle types. In each case, as I indicated above, a standard must be reasonable, practicable, and appropriate for the type of vehicle to which it is applied. In some cases, this is a matter of technology as you suggest. In other, however, the question may be one of safety need. For example, some standards do not apply to trailers (*e.g.*, Standard No. 302, 'Flammability of interior materials') or to equipment for use in trailers (No. 205. 'Glazing materials') because State laws prohibit people from riding in trailers. In this regard standards can also be directed at particular vehicle types to alleviate safety problems particular to them. A good example of this is Standard No. 217, 'Bus window retention and release.'; Your statements regarding seat belts and the applicability of Standard No. 208,209, and 210 are not correct. While these requirements are somewhat complex, I believe an appropriate summary would be that seat belts and anchorages are required at all permanent seating positions including lateral or rearward positions, in all motor vehicles except trailers, motorcycles, and the passenger seats in buses.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.