NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
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ID: nht93-5.20OpenTYPE: Interpretation-NHTSA DATE: July 12, 1993 FROM: Cary Klingner -- Trison Inc. TO: John Womack -- Acting Chief Council, NHTSA TITLE: None ATTACHMT: Attached to letter dated 8/5/93 from John Womack (signature by Kenneth N. Weinstein) to Cary Klingner (A41; Std. 108; VSA 108(a)(2)(A)h TEXT: TRISON INC. has developed a "Daytime Running Lights" module. The product keeps the low beam headlamps on whenever the vehicles engine is running. The module is placed under the hood and can be installed by any car owner. The unit is transparent to the vehicles lighting system thus allowing the headlamp and marking light switch to override it at any time. The product connects to the battery positive terminal, the highbeam headlamp, the lowbeam headlamp and one simply wraps around one spark plug wire. The unit was developed because of the Minnesota law that requires headlamps to be on during daylight inclement weather. This law has created a problem in that some people forget to turn on their lights when required, or forget to turn them off when they leave their vehicle, which runs down the battery. Our unit will alleviate both problems if the driver does not override the module with the vehicle headlamp switch. The Minnesota law only requires that the headlamps be on so with our module no other lights or markers will be illuminated. We understand that federal regulations were modified earlier this year that may affect this concept and we would like to market this product nationwide. Would you review our safety device and give us an opinion as to whether it complies with the regulations. Thank you for your time, your response will be greatly appreciated. |
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ID: nht93-5.21OpenTYPE: Interpretation-NHTSA DATE: July 12, 1993 FROM: Cary Klingner -- Trison Inc. TO: John Womack -- Acting Chief Council, NHTSA TITLE: None ATTACHMT: Attached to letter dated 8/5/93 from John Womack (signature by Kenneth N. Weinstein) to Cary Klingner (A41; Std. 108; VSA 108(a)(2)(A)h TEXT: TRISON INC. has developed a "Daytime Running Lights" module. The product keeps the low beam headlamps on whenever the vehicles engine is running. The module is placed under the hood and can be installed by any car owner. The unit is transparent to the vehicles lighting system thus allowing the headlamp and marking light switch to override it at any time. The product connects to the battery positive terminal, the highbeam headlamp, the lowbeam headlamp and one simply wraps around one spark plug wire. The unit was developed because of the Minnesota law that requires headlamps to be on during daylight inclement weather. This law has created a problem in that some people forget to turn on their lights when required, or forget to turn them off when they leave their vehicle, which runs down the battery. Our unit will alleviate both problems if the driver does not override the module with the vehicle headlamp switch. The Minnesota law only requires that the headlamps be on so with our module no other lights or markers will be illuminated. We understand that federal regulations were modified earlier this year that may affect this concept and we would like to market this product nationwide. Would you review our safety device and give us an opinion as to whether it complies with the regulations. Thank you for your time, your response will be greatly appreciated. |
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ID: 1984-1.29OpenTYPE: INTERPRETATION-NHTSA DATE: 03/21/84 FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA TO: Louis Lemmens TITLE: FMVSR INTERPRETATION TEXT:
Mr. Louis Lemmens Decoba N.V. 3500 Hasselt Vaarstraat 4 Belgium
Dear Mr. Lemmens:
This responds to your letter to this office seeking information on requirements applicable to retreaded truck tires imported into the United States. Specifically, you asked whether a foreign-based retreader would be required to put another tire identification number on the tires it retreads, or whether that retreader could simply leave the original manufacturer's identification number on the retreaded tire. As explained below, the retreader is required to mark its own tire identification number on each tire it retreads. You then asked for information on how a retreader obtains an identification number, and this procedure is set forth below.
For your information, I have enclosed a copy of 49 CFR Part 574, Tire Identification and Recordkeeping. Section 574.5 specifies that each tire retreader shall permanently label one sidewall of each tire he retreads with the information specified in that section. For a retreader, the first group of three symbols in the identification number would represent the retreader's assigned identification mark, the second group of two symbols would identify the retread matrix in which the tire was processed, the third group of four symbols may be used to identify characteristics of the tire at the retreader's option, and the fourth group of three symbols would identify the week and year in which the tire was retreaded.
Section 574.6 explains the procedures to be followed by the retreader in applying for an identification mark, and specifies the information which must be provided by the retreader. The agency usually assigns the identification mark within two weeks of receiving the necessary information from a retreader. However, a retreader identification mark will not be assigned until the retreader has designated an agent for the service of process, according to the requirements of 49 CFR S551.45 (copy enclosed). That section specifies that, for a designation of agent to be valid, it must contain the following six items: 1. A certification that the designation is valid in form and binding on the retreader under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;
2. The full legal name, principal place of business, and mailing address of the retreader;
3. Marks, trade names, or other designations of origin of any of the retreader's products which do not bear his name; 4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;
5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm, or a U.S. corporation; and
6. The full legal name and address of the designated agent.
In addition, the designation must be signed by one with authority to appoint the agent, and the signer's name and title should be clearly indicated beneath his signature. This designation should be mailed to the address shown in S551.45(b). When this agency has received both a completed application for a retreader identification mark and a designation of agent, a code mark will be assigned to the retreader promptly. This identification mark will be sent directly to the retreader and not to the designated agent. Please feel free to contact me should you need any further information in this matter.
Sincerely,
Frank Berndt Chief Counsel Enclosures
US DEPARTMENT OF TRANSPORTATION SECTION : TRUCK TIRES 400 7th Street South West WASHINGTON DC 20590 U S A
Hasselt, 1 december 1983.
Dear Sirs,
We are a Belgian tyre company and would like to export retreaded truck tyres to the USA.
We would like to know following :
1/ We are retreading casings from shoulder to shoulder. Those casings have original brand DOT-number (Michelin, Goodyear, a.s.o.). This number is still visible after retreading. Do we have to put on another DOT-number?
2/ If so can you please let us know how and how soon we can get it.
3/ If not please reply as soon as possible, by telex 39570 Belgium.
Awaiting your urgent reply.
Yours faithfully
for de Gonde LOUIS LEMMENS |
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ID: 08-002061 chen date of manufactureOpenJames C. Chen, Esq. Crowell & Moring LLP 1001 Pennsylvania Avenue, NW Washington, DC 20004 Dear Mr. Chen: This responds to your letter asking about requirements in Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems, that manufacturers label their products with a date of manufacture. A date of manufacture is required to be labeled on add-on child restraints (S5.5.2(c)), built-in child restraints (S5.5.5(c)), and on the child restraint registration card required by S5.8.1(c) of the standard. When describing the date of manufacture that manufacturers must provide, the standard refers to month and year (S5.5.2(c) and S5.5.5(c)), month, year (S5.8.1(c) and S5.8.2(a)(2)), or ZZ-ZZ-20ZZ (Figure 9a depicting registration form). You ask whether your client, Graco Childrens Products, Inc., may depict the date of manufacture as:
You state that Graco would include the clarifying text that explains the meaning of the numerals. For instance, a typical label would appear as follows in the shaded area of the registration form (the area outside of the space for the consumer to fill in) (you provided this example in a letter to us dated May 16, 2008):
Our answer is yes, Graco may use the above format to provide the date of manufacture on the child restraints and on the registration card. Discussion FMVSS No. 213 requires that the month and year of manufacture be identified. It is our opinion that Gracos year-month-day format satisfies the requirements of FMVSS No. 213, provided that the words year, month, and day accompany the numerals. The words are important to explain the meaning of the numerals, since the U.S. typically uses a month, day, year format. With the accompanying text your clients format is readily understood as providing the month and year of manufacture. Accordingly, Gracos labeling would satisfy the standards requirement that a date of manufacture be provided. We would like to make the following observations about use of the format on the registration form. FMVSS No. 213 strictly controls the appearance of the form. We have found that the appearance of the form affects the likelihood that a consumer will participate in the owner registration program. S5.8(b)(2) requires that the registration form conform in size, content and format to forms depicted in the standard. Each form must be preprinted with the restraints model name or number and its date of manufacture. Under S5.8 no other information is permitted to appear on the postcard, except information that distinguishes a particular restraint from another restraint system may be preprinted in the shaded area of the postcard, as shown in figure 9a. (S5.8.1(b)(3)). Gracos year-month-day format does not affect the overall appearance of the registration form. It provides the month and year of manufacture, and distinguishes a particular restraint from another restraint system. According to the example you provided, the year-month-day grid will be placed on the shaded area of the postcard. All of these factors lead us to conclude that the year-month-day format would satisfy S5.8.1(b)(3) of the standard. I hope this information is helpful. If you have any further questions, please contact Deirdre Fujita of my staff at (202) 366-2992. Sincerely yours, Anthony M. Cooke Chief Counsel ref:213 d.11/20/08 |
2008 | ||||||||||||
ID: nht79-4.28OpenDATE: 02/22/79 FROM: AUTHOR UNAVAILABLE; John Womack; NHTSA TO: Maryland Department of Transportation TITLE: FMVSR INTERPRETATION TEXT: This is in response to your letter of January 19, 1978, asking whether the odometer statement is required for transfers between dealers which take place price to the sale of a vehicle to an individual. The answer is no. Exemption 580.5(b) (49 CFR @ 580.5(b)) states A transferor of a new vehicle prior to its first transfer for purposes other than resale need not disclose the vehicle's odometer mileage. This statement is intended to exclude all transfers of new vehicles prior to the first sale to a customer. For example, when the manufacturer transfers the vehicle to a dealer, no statement needs to be issued because the transfer is for resale purposes. If that dealer makes a trade with another dealer, no disclosure statement needs to be issued because this transfer is also for resale purposes. The second dealer is purchasing the vehicle merely to resell it. If that dealer then sells the vehicle to a customer, private or commercial, who is going to use that vehicle for some purpose other than reselling it immediately, then a disclosure statement needs to be issued. This transfer is the first transfer of the vehicle for a purpose other than resale. Beginning with this first transfer to a customer, each transfer of the vehicle from then on must be accompanied by a disclosure statement. The Federal law does not, however, prohibit the State from requiring such disclosures. The National Highway Traffic Safety Administration supports all affirmative steps which the States take with regard to combating odometer misrepresentation.
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ID: nht78-2.43OpenDATE: 04/13/78 FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA TO: E. A. Santiago TITLE: FMVSS INTERPRETATION TEXT: This responds to Raycor Industries' March 13, 1978, question whether Standard No. 121, Air Brake Systems, applies to an air dryer that is installed in the air brake system of trucks that must comply with the standard. The answer to your question is no. Paragraph S3 (Applicability) of Standard No. 121 states that the standard applies to trucks, buses, and trailers equipped with air brake systems (with some specified exceptions). The standard therefore applies only to vehicles, and does not apply to motor vehicle equipment such as the Raycor air dryer unit. The vehicles in question must, of course, conform to Standard No. 121 following installation of the device, if the installation occurs prior to the first purchase in good faith for purposes other than resale. A copy of Standard No. 121 is enclosed for your information. |
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ID: nht75-2.24OpenDATE: 08/18/75 FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA TO: County of Los Angeles Road Department TITLE: FMVSS INTERPRETATION TEXT: Please forgive the delay in responding to your letter of April 28, 1975, concerning tires used on pull brooms. Federal Motor Vehicle Safety Standard No. 119, New pneumatic tires for vehicles other than passenger cars, (copy enclosed), specifies labeling and performance requirements for all tires designed for use on pull brooms. This standard applies to all such tires manufactured on or after March 1, 1975. There is presently no requirement, however, that vehicles be equipped with tires conforming to the standard. The National Highway Traffic Safety Administration has proposed and is considering the issuance of a new Standard No. 120, Tire selection and rims for motor vehicles other than passenger cars, which would require all new pull brooms manufactured after its effective date to be equipped with tires conforming to Standard No. 119. YOURS TRULY, TO: Dear Sir FROM: (Illegible Word) Date 3-6-75 Please send me all the necessary information you have about implement (Illegible Words) (Illegible Line) Thank you 76L265 Cdb 274 LOS ANGELES COUNTY LETTERGRAM TO: E.T. Driver FROM: Carl Morton Subject: Implement tires. Date: 4-28-75 Reply no N41-33 Our fleet of Pull Brooms are equipped with implement rib type tires. They are used 100% of the time on Highways. Please advise Thank you Carl Morton |
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ID: nht90-2.83OpenTYPE: INTERPRETATION-NHTSA DATE: 06/13/90 FROM: PAUL JACKSON RICE -- NHTSA CHIEF COUNSEL TO: MICHAEL F. PICKHOLZ -- PRESIDENT, PANDA TECHNIK TITLE: NONE ATTACHMT: LETTER DATED 04/19/90 FROM MICHAEL F. PICKHOLZ -- PANDA TECHNIK TO NHTSA; OCC 4689 TEXT: This is in reply to your letter of April 19, 1990, enclosing a sample of a motor vehicle reflector, expressing your concern that "no laws or regulations are violated in the use" of it. It is contemplated that the reflector will be distributed in the United States to enhance nighttime and adverse weather visibility of slow moving/stationery vehicles. The reflective efficiency is represented to be up to ten times that of conventional re flectors, such as those "required by law" on motor vehicles. The photograph you enclosed shows the reflectors mounted on a large, wide truck or trailer. The reflector "can be installed with simple hand tools", on either the front or rear of the vehicle. It is apparent from your letter that Panda intends the reflector to be an aftermarket device, and one that is capable of installation by the vehicle owner. There are no Federal motor vehicle safety standards that apply to the reflector as an aftermarket device, and there is no Federal prohibition applicable to installation of the reflector by a vehicle owner. There is a general prohibition of the National Traffic and Motor Vehicle Safety Act under which modifications may not be performed to vehicles in use, by manufacturers, distributors, dealers, and motor vehicle repair businesses, if they result in renderi ng inoperable, in whole or in part, any device or element of design installed in accordance with a Federal motor vehicle safety standard. Should the reflective efficiency and mounting location of your reflector result in a reduced ability of drivers of o ther vehicles to perceive the turn and stop signals of the vehicle on which the reflector is mounted, we would regard the turn and stop signals to have been rendered inoperable in part within the meaning of the prohibition. Thus, you should ensure that the device would not have this effect. Supplementary lighting devices are also subject to the laws of the States in which they are sold and used. We are unable to advise you on State laws and suggest that you write the American Association of Motor Vehicle Administrators, 4600 Wilson Bouleva rd, Arlington, Va. 22203, for an opinion. We are returning your sample. |
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ID: 86-3.21OpenTYPE: INTERPRETATION-NHTSA DATE: 05/12/86 FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA TO: Mr. Rich Demski TITLE: FMVSS INTERPRETATION TEXT:
May 12, 1986 Mr. Rich Demski Federal Motors Inc. P.O. Box 5000 Ocala, Florida 32678 Dear Mr. Demski: This responds to you request for an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. You asked about the identification requirements applicable to a coolant temperature telltale. According to your letter and an accompanying drawing, you are currently identifying the telltale with the identifying symbol for the coolant temperature telltale specified by Table 2 of FMVSS No. 101, and the words "ENG WATER TEMP". Noting that some of your vehicles have engines which are air-cooled rather than water-cooled, you asked if FMVSS No. 101 permits you to delete the word "WATER" while otherwise continuing to identify the telltale as described above. As discussed below, the answer to your question is yes. By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, the manufacturer has the responsibility to certify that its vehicles or equipment comply with applicable standards. The following represents our opinion based on the facts provided in your letter. Section S5.2.3 of FMVSS No. 101 states in relevant part: Except for informational read-out displays, any display located within the passenger compartment and listed in column 1 of Table 2 that has a symbol designated in column 4, shall be identified by that symbol. Such display may, in addition be identified by the word or abbreviation shown in column3.... Informational read-out displays may be identified by the symbol designated in column 4 of Table 2 or by the word or abbreviation shown in column 3. Additional words or symbols may be used at the manufacturer's discretion for the purpose of clarity... The coolant temperature telltale is a display listed in Table 2 of FMVSS No. 101, and the symbol pictured in your letter is the identifying symbol for that telltale specified in column 4 of the table. Therefore, under section S5.2.3 of the standard, your use of that symbol to identify the coolant temperature telltale is sufficient identification regardless of what, if any, identifying words you provide for the purpose of clarity. Sincerely, Original Signed By Erika Z. Jones Chief Counsel |
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ID: 2501yOpen Mr. Michael F. Pickholz Dear Mr. Pickholz: This is in reply to your letter of April l9, l990, enclosing a sample of a motor vehicle reflector, expressing your concern that "no laws or regulations are violated in the use" of it. It is contemplated that the reflector will be distributed in the United States to enhance nighttime and adverse weather visibility of slow moving/stationery vehicles. The reflective efficiency is represented to be up to ten times that of conventional reflectors, such as those "required by law" on motor vehicles. The photograph you enclosed shows the reflectors mounted on a large, wide truck or trailer. The reflector "can be installed with simple hand tools", on either the front or rear of the vehicle. It is apparent from your letter that Panda intends the reflector to be an aftermarket device, and one that is capable of installation by the vehicle owner. There are no Federal motor vehicle safety standards that apply to the reflector as an aftermarket device, and there is no Federal prohibition applicable to installation of the reflector by a vehicle owner. There is a general prohibition of the National Traffic and Motor Vehicle Safety Act under which modifications may not be performed to vehicles in use, by manufacturers, distributors, dealers, and motor vehicle repair businesses, if they result in rendering inoperable, in whole or in part, any device or element of design installed in accordance with a Federal motor vehicle safety standard. Should the reflective efficiency and mounting location of your reflector result in a reduced ability of drivers of other vehicles to perceive the turn and stop signals of the vehicle on which the reflector is mounted, we would regard the turn and stop signals to have been rendered inoperable in part within the meaning of the prohibition. Thus, you should ensure that the device would not have this effect. Supplementary lighting devices are also subject to the laws of the States in which they are sold and used. We are unable to advise you on State laws and suggest that you write the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, for an opinion. We are returning your sample. Sincerely,
Paul Jackson Rice Chief Counsel ref:l08 d:6/l3/90 |
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.