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: 06-005538drnOpenMr. Tab Hauser HASCO Components International Corp. 906 Jericho Turnpike New Hyde Park, NY 11040 Dear Mr. Hauser: This responds to your letter requesting information on how to get your product, the Electronic Flare, approved by the U.S. Department of Transportation (DOT). Please note that DOT does not provide approvals of such products. In this letter, we provide a discussion of relevant requirements of two DOT agencies, the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration. NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. Unlike the practice in many countries, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet applicable standards. One FMVSS is FMVSS No. 125, Warning devices, which applies only to warning devices that are designed to be carried in buses and trucks that have a gross vehicle weight rating (GVWR) greater than 10,000 pounds. FMVSS No. 125 specifically applies to devices, without self-contained energy sources. (See S3. Application.) Since the Electronic Flare is battery operated, it has a self-contained energy source. Therefore, FMVSS No. 125 does not apply to the Electronic Flare. Even though not covered by FMVSS No. 125, the Electronic Flare is motor vehicle equipment, and is subject to various provisions of 49 U.S.C. Chapter 301, Motor Vehicle Safety. Motor vehicle equipment is defined at 49 U.S.C. Section 30102(a)(7) 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 an accessory or addition to a motor vehicle; or (C) any device or an article or apparel (except medicine or eyeglasses prescribed by a licensed practitioner) that is not a system, part, or component of a motor vehicle and is manufactured, sold, delivered, offered, or intended to be used only to safeguard motor vehicles and highway users against risk of accident, injury or death. In determining whether an item of equipment is considered an accessory ... to a motor vehicle, NHTSA analyzes two criteria. The first criterion is whether a substantial portion of the expected uses of a product is related to the operation or maintenance of motor vehicles. NHTSA determines expected uses 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. Applying these two criteria to the Electronic Flare, NHTSA concludes that a substantial portion of the expected use of the Electronic Flare is related to motor vehicles. Your website, www.electronicflare.com, shows that the Electronic Flare is marketed for use in conjunction with motor vehicles, to be deployed (in lieu of incendiary flares) on the side of the road in the event a vehicle is disabled. Product literature provided with your letter shows the Electronic Flare marketed as a device that can give your family and automobile the protection it needs in the event you have a flat tire or are stalled on the side of the road and as an environmentally friendly alternative to the incendiary flare. Further, you are marketing the product to ordinary motor vehicle owners and drivers for their purchase. For these reasons, we conclude that your product is an item of motor vehicle equipment. Manufacturers of motor vehicles and motor vehicle equipment must ensure that their products are free of safety-related defects. If you or NHTSA should determine that your product contains a safety-related defect, you would be responsible for notifying NHTSA and purchasers of the defective equipment and remedying the problem free of charge. (See 49 CFR Part 573, Defect and Non-Compliance Responsibility and Reports.) The Federal Motor Carrier Safety Administration (FMCSA) is the agency responsible for safety regulations applicable to the operation of commercial motor vehicles, in interstate commerce. We consulted with FMCSA about your inquiry, and it provided the following information. The requirements for emergency equipment on all power units, specified in 49 CFR 393.95, require in part that each truck, truck tractor, and bus (except those towed in driveaway-towaway operations) to be equipped with (1) three bidrectional emergency reflective triangles that conform to the requirements of FMVSS No. 125, or (2) at least 6 fusees or 3 liquid-burning flares. Other warning devices may be used in addition to, but not in lieu of, the required warning devices, provided those warning devices do not decrease the effectiveness of the required warning devices. In addition, the States regulate the use of vehicles and items of motor vehicle equipment. Some States may regulate the warning devices that operators of vehicles may or must use when a vehicle is stopped. The States can provide information on whether they have any requirements for warning devices to be used with motor vehicles. I hope this information is helpful. If you have any questions about NHTSA requirements, please feel free to contact Dorothy Nakama of my staff at (202) 366-2992. If you have any questions about FMCSA requirements, you may call Mike Huntley at (202) 366-9209. Sincerely, Anthony M. Cooke Chief Counsel ref:125#VSA102(4) d.12/18/06 |
2006 |
ID: nht95-1.63OpenTYPE: INTERPRETATION-NHTSA DATE: February 13, 1995 FROM: Philip R. Recht -- Chief Counsel, NHTSA TO: G. Brandt Taylor -- President, Day-Night Mirrors, Inc. TITLE: None ATTACHMT: ATTACHED TO 12/6/94 LETTER FROM G. BRANDT TAYLOR TO PHILIP R. RECHT (OCC 10553) TEXT: This responds to your letter asking about the requirements applicable to multiple reflectance mirrors in Federal Motor Vehicle Safety Standard (FMVSS) No. 111, Rear View Mirrors. You stated that your mirror can change its reflectivity either by mechanica lly rotating a shaft or by actuating an electrical motor. By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any veh icles or items of equipment. Instead, each manufacturer is responsible for "self-certifying" that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards. FMVSS No. 111 specifies requirements for the performance and location of rearview mirrors. Section S11, which specifies requirements for mirror construction, provides in relevant part that All single reflectance mirrors shall have an average reflectance of at least 35 percent. If a mirror is capable of multiple reflectance levels, the minimum reflectance level in the day mode shall be at least 35 percent and the minimum reflectance level in the night mode shall be at least 4 percent. A multiple reflectance mirror shall either be equipped with a means for the driver to adjust the mirror to a reflectance level of at least 35 percent in the event of electrical failure, or achieve such refl ectance automatically in the event of electrical failure. You asked several questions about the requirement for adjusting the mirror in the event of electrical failure. You first asked if a manual override knob could be removable. You then asked whether a removable manual override could be supplied by the car manufacturer along with the car keys or with the owner's manual for insertion into the mirror and use only in the event of an electrical failure. You also asked about whether "west coast" mirrors and mirrors on trailer trucks could have a removable man ual override. The answer to each of your questions is that a removable manual override knob would not be permitted. In the preamble to the final rule amending the mirror construction requirements in FMVSS No. 111, NHTSA stated that the agency's goal is to assure that multiple reflectance mirrors are capable of providing adequate images at all times during the vehicle's operation, including electrical failure situations where the mirror is unpowered. (see 56 FR 58513, November 20, 1991) The manual override knob you discuss would serve as the means for the driver to adjust the mirror's reflectance level. However, a removable manual override knob would not always serve this purpose, since it would not necessarily always be with the mirro r. We are concerned that a removable override device may become lost or otherwise not available when a mirror's reflectance needs to be adjusted. Accordingly, since the agency's goal of providing adequate images at all times during the vehicle's operat ion would only be achieved by requiring this device to be permanent, a removable override would not be permitted. I hope this information is helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992. |
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ID: 86-5.16OpenTYPE: INTERPRETATION-NHTSA DATE: 09/12/86 FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA TO: David M. Wise -- Gary Precision Products TITLE: FMVSS INTERPRETATION TEXT:
Mr. David M. Wise Gary Precision Products 530 Old Post Road #3 Greenwich, CT 06830
This is in reply to your letter of August 7, 1986( asking if Federal Motor Vehicle Safety Standard No. 108, or any other Federal regulation applies to a plastic ice scraper with a reflector on it that you may manufacture.
Although the title of Standard No. 108 is "Lamps, Reflective Devices, and Associated Equipment," the reflective devices covered by the standard are those that are mounted on the rear and side of a motor vehicle, which are necessary for signaling and the safe operation of vehicles during darkness and other times of reduced visibility. It does not apply to ice scrapers. Nor does the other Federal motor vehicle safety standard dealing with reflectivity, Standard No. 125 "Warning Devices," or any other regulation of this Department.
I hope this answers your question.
Sincerely,
Erika Z. Jones Chief Counsel
August 7, 1986
Ms. Erika Z. Jones Chief Council National Highway Traffic Safety Administration Room 5219 400 7th St. S.W. Washington, DC 20590 Dear Ms. Jones:
Gary Precision Products manufactures a line of injection molded plastic ice scrapers and snow brushes . We are considering the manufacture of an ice scraper with a reflector on it. The reflector will be on the blade portion of the ice scraper.
We would like to know if there are any laws, rules or regulations governing the manufacture or sale of such a product. I specifically refer to U.S. Dept of Transportation Motor Vehicle Safety Standard # 108.
In my conversation with Mr. Taylor Vincent, the law only refers to motor vehicles themselves, not to portable automotive devices used on them.
We would like something in writing stating that there are no regulations or laws we need to comply with in manufacturing this product.
We thank you for your assistance in this matter.
Very truly yours,
GARY PRECISION PRODUCTS
David Wise |
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ID: 10553Open Mr. G. Brandt Taylor Dear Mr. Taylor: This responds to your letter asking about the requirements applicable to multiple reflectance mirrors in Federal Motor Vehicle Safety Standard (FMVSS) No. 111, Rear View Mirrors. You stated that your mirror can change its reflectivity either by mechanically rotating a shaft or by actuating an electrical motor. By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, each manufacturer is responsible for "self-certifying" that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards. FMVSS No. 111 specifies requirements for the performance and location of rearview mirrors. Section S11, which specifies requirements for mirror construction, provides in relevant part that All single reflectance mirrors shall have an average reflectance of at least 35 percent. If a mirror is capable of multiple reflectance levels, the minimum reflectance level in the day mode shall be at least 35 percent and the minimum reflectance level in the night mode shall be at least 4 percent. A multiple reflectance mirror shall either be equipped with a means for the driver to adjust the mirror to a reflectance level of at least 35 percent in the event of electrical failure, or achieve such reflectance automatically in the event of electrical failure. You asked several questions about the requirement for adjusting the mirror in the event of electrical failure. You first asked if a manual override knob could be removable. You then asked whether a removable manual override could be supplied by the car manufacturer along with the car keys or with the owner's manual for insertion into the mirror and use only in the event of an electrical failure. You also asked about whether "west coast" mirrors and mirrors on trailer trucks could have a removable manual override. The answer to each of your questions is that a removable manual override knob would not be permitted. In the preamble to the final rule amending the mirror construction requirements in FMVSS No. 111, NHTSA stated that the agency's goal is to assure that multiple reflectance mirrors are capable of providing adequate images at all times during the vehicle's operation, including electrical failure situations where the mirror is unpowered. (see 56 FR 58513, November 20, 1991) The manual override knob you discuss would serve as the means for the driver to adjust the mirror's reflectance level. However, a removable manual override knob would not always serve this purpose, since it would not necessarily always be with the mirror. We are concerned that a removable override device may become lost or otherwise not available when a mirror's reflectance needs to be adjusted. Accordingly, since the agency's goal of providing adequate images at all times during the vehicle's operation would only be achieved by requiring this device to be permanent, a removable override would not be permitted. I hope this information is helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992. Sincerely,
Philip R. Recht Chief Counsel ref:111 d:2/13/95
|
1995 |
ID: Unassembled_motorcyclesOpenMr. Kevin Alsop Dear Mr. Alsop: This responds to your request for an interpretation of how regulations of the National Highway Traffic Safety Administration (NHTSA) would apply to the manufacture of complete, unassembled motorcycles. As explained below, the agency would treat such a vehicle, regardless of the state of assembly, as a motorcycle for the purpose of our regulations. In your letter and in a telephone conversation with Mr. Eric Stas of my staff, you stated that your company, Big Bear Choppers Inc. (Big Bear), manufactures and sells motorcycle frames and complete, unassembled motorcycles. You further stated that the complete, unassembled motorcycles comply with all applicable Federal motor vehicle safety standards. You also stated that the frame of each complete, unassembled motorcycle is assigned a VIN, presumably that complies with our regulations. You then asked if we require the assignment of a VIN to complete, unassembled motorcycles such as those manufactured by Big Bear. By way of background, the National Highway Traffic Safety Administration (NHTSA) has authority to establish regulations for motor vehicles and motor vehicle equipment (see 49 U.S.C. Chapter 301). The statutory definition of "motor vehicle" states, in part, that a "motor vehicle" is a vehicle that is "driven by mechanical power" (49 U.S.C. 30102(a)(6)). If an unassembled vehicle were sold with all of the parts needed to produce a completed vehicle, including the power source, we would treat the unassembled vehicle as a motor vehicle for the purpose of our regulations. See letters to Christopher Banner, dated July 9, 1993, and Ron Dawson, dated March 29, 1999 (copies enclosed). Part 565 of our regulations specifies the format, content and physical requirements for a VIN and its installation to simplify vehicle identification information retrieval and to increase the accuracy and efficiency of vehicle recall campaigns (49 CFR Part 565). This Part is applicable to motorcycles. Therefore, the complete, unassembled motorcycle would be required to comply with vehicle identification number (VIN) requirements.
Finally, your letter asked a series of questions regarding the issuance of manufacturer statements of origin (MSO), the legality of registering an unassembled vehicle, and the issuance of a bill of sale. MSO, vehicle registration, and bills of sale are matters of State law. Our regulations do not govern these issues. I hope this information is helpful. If you have any further questions, please call Mr. Chris Calamita of my staff at (202) 366-2992. Sincerely, Jacqueline Glassman Enclosures |
2005 |
ID: nht95-1.98OpenTYPE: INTERPRETATION-NHTSA DATE: March 12, 1995 FROM: K. Olsen TO: John Womack, active Chief of Council, Office of Chief of Council, NHTSA TITLE: Re: Interpretation ATTACHMT: ATTACHED TO 6/14/95 LETTER FROM JOHN WOMACK TO K. OLSEN (A43; STD. 120); ALSO ATTACHED TO 9/4/92 LETTER FROB PAUL RICE TO BOB BULLARD TEXT: On May 9, 1994, Dealer purchased from Manufacturer, a new 1994 16' bumper pull flatbed trailer. This trailer had two 3500 lb. GVWR axles. This trailer was purchased from the manufacturer by the Dealer equipped with used tires. On May 17, 1994 Dealer showed trailer to Customer. Customer was told that for $ 1175.00 the trailer comes with the tires on it or for an additional $ 200.00 dealer would put new tires on the trailer. Customer chose to purchase the trailer with the u sed tires at the lower price. The trailer was wired for brakes and lights but electrical plug was left off so one could be installed to match up with the existing electrical plug on a customers vehicle. Customer's vehicle had neither a brake control or existing electrical plug, so Dealer offered to sell the Customer a brake control for customer's truck and electrical plugs for brakes and lights for an additional $ 50.00 and Dealer would install them at no additional cost. Customer chose not to purcha se brake control or electrical plugs from Dealer. On June 10, 1994 Customer's employee pulled said trailer (that weighs 1550 lbs.) down the freeway, loaded with a Uniloader (that weighs 6000 lbs.) pulled by a half-ton, short wheel base pickup (which has a 6,000 GVWR and weighs approx. 4800 lbs.). Th e driver of the vehicle lost control of the truck and trailer and the truck and trailer turned over. The Customer is now bringing a law suit against the Dealer charging that the accident was caused by the Dealer for selling him a new trailer with used tires (and improperly wired brakes). The investigating officer's statement on the accident report r ead "Vehicle was Southbound in the # 3 lane when the trailer began to swerve uncontrollable. Vehicle ran off of the right side of the road and overturned. The trailer was carrying a CASE UNI Loader Model IF40." "According to Dennis Platt of UHP Safety Inspection, the brakes had not been working. This was shown by rust present on the inside of the left brake drum. Also, Dennis measured the tire tread to be 1/32 of an inch on both rear tires and 2/32 of an inch on both front tires. Both front tires al so had uneven tread. The wrecker driver at Sorensen's Marine and Autobody said that it appeared the trailer brakes had not been wired properly." The reason for this request for interpretation is to try and determine the liability of the Manufacturer, Dealer or Customer in this matter. |
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ID: 1937yOpen Mr. Victor Crisci Dear Mr. Crisci: This is in reply to your letter of June 28, l989, to the former Chief Counsel of this agency, Erika Jones. You intend to install a "safety light flasher" on your motorcycle, and would like to know whether it would conflict with DOT regulations. The Federal motor vehicle safety standards do not apply to vehicles in use, such as your motorcycle. Further, the National Traffic and Motor Vehicle Safety Act does not prohibit you, as the motorcycle's owner, from personally modifying your vehicle as you see fit, even if doing so adversely affects equipment or safety features installed pursuant to a Federal safety standard. (The Act does prohibit motor vehicle manufacturers, distributors, dealers and repair businesses from making such modifications if they render inoperative, wholly or partially, equipment or safety features installed in accordance with a Federal safety standard). However, modifications by an owner to his or her vehicle are subject to regulation under State and local laws applicable to vehicles in use on their roadways. We are unable to advise you whether New Jersey law specifically covers the addition of the safety light flasher. However, under the Vehicle Safety Act, any laws enacted by a state regarding motor vehicle lighting must be identical to Federal standards covering the same aspects of vehicle lighting performance. The applicable Federal regulation, as you realize, is Motor Vehicle Safety Standard No. l08, a copy of which is enclosed as you requested. As you describe the operation of the flasher, if the headlamp is on (in either beam), the flasher will flash the headlamp between upper and lower beams for 2 to 4 seconds, then returns the light to the beam it was in when the flasher was activated. If the headlamp is off, the flasher will turn it on and initiate an identical flash cycle. The sequence is initiated by pushing the horn button. Standard No. 108 would appear to preclude the installation of your device on new motorcycle, i.e., prior to its first sale to a consumer, or on a used motorcycle, if installed by one of the four entities listed above in the second paragraph. Although paragraph S5.5.10(c) of the standard provides that "headlamps and side marker lamps may be wired to flash for signalling purposes", that section does not apply to motorcycles since they are not equipped with side marker lamps. The applicable provision for motorcycles is paragraph S5.5.10(d). This states that " a motorcycle headlamp may be wired to allow either its upper beam or its lower beam, but not both, to modulate from a higher intensity to a lower intensity". Your system, on the other hand, flashes between beams, which is not permissible. Moreover, motorcycle headlamp modulating systems must also comply with the requirements of paragraph S5.6, and there is no indication that your system would do so. Thus, the answer to your question is that your system would conflict with the Federal regulation applicable to motorcycle lighting if installed under the circumstances described in the preceding paragraph. However, there is nothing under Federal law that prohibits you personally from installing the device on your motorcycle. Sincerely,
Stephen P. Wood Acting Chief Counsel Enclosures ref:l08 d:8/7/89 |
1989 |
ID: 77-3.2OpenTYPE: INTERPRETATION-NHTSA DATE: 06/15/77 FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA TO: Hendrickson Mfg. Co. TITLE: FMVSR INTERPRETATION TEXT: This responds to your May 17, 1977, letter asking for an interpretation of "unloaded vehicle weight." You are interested specifically in whether cranes and drill rigs are included in the computation of a vehicle's "unloaded vehicle weight." "Unloaded vehicle weight" is defined in the Code of Federal Regulations, Title 49, Part 571.3 to mean the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle, but without cargo or occupants. Through a previous interpretation (copy enclosed), the National Highway Traffic Safety Administration (NHTSA) has determined that the "weight of the vehicle" includes the weight of those accessories that are installed on a vehicle before delivery and are not ordinarily removed. From the description of the apparatus to which you refer in your letter, it would appear that the cranes or drilling rigs are not normally removed from the vehicle when not in use. Further, the removal of these pieces of equipment appears to be a cumbersome task. Accordingly, it is the opinion of the NHTSA that the weight of the equipment to which you refer would be part of the "weight of the vehicle" and, therefore, would be included in the computation of the "unloaded vehicle weight." SINCERELY, May 17, 1977 Attention: George Reagle National Highway Traffic Safety Administration Hendrickson Mfg. Co. manufactures crane carrier and drill rig chassis. In order to determine if a few of these vehicles would be exempt from the Standard 121 by Section 3, Part d of the Standard, we require a clear interpretation of the term "unloaded vehicle weight". Hendrickson Mfg. Co. builds a few crane carrier and drill rig chassis for operation over the public highway system, without special permit. Some of these chassis when completed, have a completed vehicle weight over 95% of the GVWR with a speed attainable in two miles of 45 MPH or less. These vehicles would be exempt from the Standard 121 if the unloaded vehicle weight is defined as being the same as the completed vehicle weight. The confusion on the term "unloaded vehicle weight" comes about because it is necessary, at times, to strip the vehicle of heavy components, in order to comply with State weight restrictions. To reduce the weight of the vehicle, large and heavy components such as the four outrigger boxes (1000 lbs. each) and counter weight (over 1000 lbs) are dismantled from the vehicle. Because of the difficulty involved in the removal and installation, these heavy components would be removed from the vehicle only when necessary to comply with weight laws. We petition the Administrator for a ruling that would clarify the term "unloaded vehicle weight" as would apply to crane carriers and drill rigs. HENDRICKSON MFG. CO. Kenneth R. Brennan Engineer cc: M. A. SIGNA |
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ID: 18167.ztvOpenMr. Mitch L. Williams Dear Mr. Williams: I am replying to your letter of June 9, 1998, to Richard Van Iderstine of this agency. You write about Hella's new green rear lamp assemblies that do not conform to SAE standards. These lamps are "available in several colors," and "illuminate in the normal stop, tail, and turn signal lamp colors." You would like to sell the product for "show cars" and label the lamp "For Off-road use only. Not for use on public highways. This product does not conform to any U.S. Federal Motor Vehicle Safety Standard." You believe that this situation is legal "assuming that no car dealer, vehicle manufacturer or repair shop installs these lamps." You also write that "this is a standard Hella accessory product in other parts of the world" and that they meet Economic Commission for Europe (ECE) requirements. You have furnished Mr. Van Iderstine with a unit intended for installation on a Volkswagen Golf passenger car. This is a sufficient basis for us to conclude that the rear lamp assemblies that meet ECE passenger car requirements are intended as replacement equipment for original equipment rear lamp assemblies, and are "motor vehicle equipment" for purposes of regulation by the National Highway Traffic Safety Administration (NHTSA). Under the laws that we administer, it is illegal to import into the United States motor vehicle equipment that does not comply with all applicable Federal motor vehicle safety standards. We note that a statement indicating that the lamps "are not for use on public highways" is not sufficient to exclude them from the standard's applicability if they are, in fact, capable of being used as replacement lamps. The two primary exceptions provided by statute are if the equipment is intended solely for export and so labeled (49 U.S.C. 30112(b)(3)) or if the equipment requires further manufacturing (49 U.S.C. 30112(b)(8)). Neither of these exceptions apply here. This means that Hella may not import or sell this item of motor vehicle equipment in the United States in the replacement market until such time as Hella certifies compliance of the lamp assembly's functions with all relevant requirements of Federal Motor Vehicle Safety Standard No. 108 . A civil penalty of up to $1,100 per violation may be imposed for violation of these requirements, up to a total of $880,000 for any related series of violations. Under the third exception, noncomplying motor vehicle equipment may be temporarily imported for purposes of research, investigation, demonstrations, training, or competitive racing event. (49 U.S.C. 30114). This has been implemented by 49 CFR 591.6(j). Congress recently amended Sec. 30114 to allow importation of nonconforming vehicles and equipment for show and display as well. We are in the process of amending Sec. 591(6)(j) to reflect the amendment. Under the amendment, Hella, with NHTSA' permission ( Sec. 591.6(j)(2)) might be permitted to import some vehicles with green taillamps for show or display, even though sale of the vehicle or the lamps is not permitted. We would be disinclined to permit importation of the lamps alone since they are shown or displayed to best advantage only when they are installed on motor vehicles. If you have further questions, you may call Taylor Vinson of this Office (202-366-5263). Sincerely, |
1998 |
ID: 2838yyOpen Mr. Walter E. Gundaker Dear Mr. Gundaker: This responds to your December 26, 1990 letter concerning mechanical hand and foot driving controls. These controls are intended to enable persons who have limited use of their arms or legs to drive a motor vehicle. In your letter you stated that, because these controls raise questions regarding motor vehicle safety, your agency would like to revoke their present classification as a class II medical device. However, before you do this, you would "need assurances that these driving controls for handicapped persons do fall in the jurisdiction of NHTSA and that significant complaints of malfunction would be investigated by NHTSA." The following is a summary of our statutory authority in this area. Section 103 of the National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1392) authorizes NHTSA to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. The driving controls that are the subject of your letter would be considered items of motor vehicle equipment, within the meaning of the Safety Act. However, this agency has not issued any standards setting forth performance requirements for controls for disabled drivers. Obviously, these controls could not be determined to be in noncompliance with a safety standard if there is no applicable safety standard. Another possible source of authority for NHTSA would be 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)), which specifies that, "no manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, 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 statutory prohibition would be violated if a manufacturer, distributor, dealer, or repair business installed a mechanical hand or foot driving control so as to "render inoperative" any of the elements of design installed in the original vehicle in compliance with one of our safety standards. However, when NHTSA has been asked about this in the past, the agency has generally stated that it would not institute enforcement proceedings under section 108(a)(2)(A) of the Safety Act against dealers or repair shops when a particular vehicle must be modified to accommodate the needs of a particular disability. Finally, the agency has authority to investigate allegations that items of motor vehicle equipment, such as these controls, contain defects related to motor vehicle safety, and to order the equipment manufacturer to notify owners and to remedy without charge any items of equipment determined to contain a defect related to motor vehicle safety, as provided in sections 151-160 of the Safety Act (15 U.S.C. 1411-1420). If there were indications that these controls contained a defect related to motor vehicle safety, the agency would investigate and take appropriate actions. Of course, as with any investigation of alleged safety-related defects, the outcome would depend on the facts of the specific investigation. I hope you find this information helpful. If you have further questions or need some additional information in this area, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992. Sincerely,
Paul Jackson Rice Chief Counsel /ref:VSA d:2/l9/9l |
1970 |
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.