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: nht74-4.19OpenDATE: 07/22/74 FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA TO: Volvo of America Corporation TITLE: FMVSS INTERPRETATION TEXT: This responds to your June 19, 1974, question whether required hose labeling under Standard No. 106, Brake hoses, permits placing some required labeling on each of several hose sections which are joined together in one vacuum brake line to form the required label. You ask how a 2 3/8-inch section could otherwise be labeled. It is not permitted under S9.1 to label a vacuum brake hose with only part of the required information, whether or not it appears with all other required labeling in the same brake line. You state that 5 inches is required to place all labeling on vacuum nose. We do not understand why the legend could not be shortened to 2 3/8-inches or less. There is no width requirement for lettering and Notice 11 now permits labeling information to appear in any order on the hose to simplify cutting. Please write again if we have misunderstood the problem you have posed. Yours Truly, Volvo of America Corporation June 19, 1974 Lawrence Schneider, Chief Counsel National Highway Traffic Safety Administration Volvo hereby requests an interpretation on FMVSS 106. We are planning to use one type of vacuum brake hose of several different lengths jointed together. The shortest piece will have a length of two and three eights inches. The minimum length necessary to provide room for all required FMVSS 106 markings is five inches. My question is can we use a vacuum brake hose, which consists of different lengths of the same hose jointed together, where the marking on the shortest piece is incomplete? If not, what marking would be acceptable for a hose two and three eights inch long? Thank you for your consideration of this matter and we request your reply as soon as practicable. Sincerely, Rick Shue Product Safety Engineer |
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ID: 18948.ztvOpenMr. Dennis G. Moore Dear Mr. Moore: This is in reply to your letter of October 15, 1998, calling our attention to what you believe may be a violation of Federal regulations. Specifically, you believe that two items of lighting equipment sold in the aftermarket (a turn signal lamp, a combination stop, tail, and turn signal lamp) are being marketed as suitable for use on all vehicles when, in fact, their lens area does not comply with the specifications for these lamps on vehicles whose overall width is 80 or more inches. You believe that the product and its packaging should indicate "what vehicle width these lights can legally be used on." Federal Motor Vehicle Safety Standard No. 108 does not specify any labeling requirements for replacement lighting equipment such as that which you have brought to our attention. However, replacement lighting equipment must be certified as conforming to all applicable Federal motor vehicle safety standards. For purposes of this discussion, we shall assume that the lamps bear a DOT symbol, or that the cartons in which they are shipped bear an appropriate certification of compliance. That certification would cover conformance of replacement lamps on vehicles whose overall width is less than 80 inches. We agree that an indication of appropriate use would be helpful to the buyer, but we do not believe that the failure to do so is a violation of any Federal regulation. There is a possibility that the lamps could be bought by a vehicle manufacturer for use as original equipment on vehicles whose overall width is 80 or more inches. If this occurs, the vehicles would fail to conform to Standard No. 108, its certification of compliance would be false and misleading, and the manufacturer would have to conduct a notification and remedy campaign. Further, to avoid a civil penalty, the manufacturer would have to demonstrate to the National Highway Traffic Safety Administration that it had no reason to know of the noncompliance in the exercise of reasonable care. To avoid these expenses and sanctions, manufacturers as a general rule, are familiar with Standard No. 108 and other Federal safety regulations. For this reason, we also believe it unlikely that the lamps would be used as original equipment on wider vehicles. However, if you find any such OEM applications on vehicles whose width is 80 inches or more, please let us know about them. If you have any questions, you may call Taylor Vinson of this Office (202-366-5263). Sincerely, |
1998 |
ID: nht73-1.27OpenDATE: 05/25/73 FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA TO: Truck Equipment & Body Distributors Association TITLE: FMVSS INTERPRETATION TEXT: In your letter of May 14, 1973, you present the fact situation of an equipment manufacturer who installs lighting equipment on a component which he supplies to distributors or dealers, for installation by them on motor vehicles. For purposes of this letter, I assume that the installation occurs before the first sale of the vehicles for purposes other than resale. You ask what the equipment manufacturer should do to advise the distributor or dealer "that the lamps and/or reflectors which he has affixed to his product meets the published S.A.E. specs required by Standard 108." There is no Federal requirement that an equipment manufacturer in this fact situation supply compliance information, although covered equipment that he sells must continue to conform. The requirements for certifying or otherwise providing information concerning conformity with Standard No. 108 apply to the manufacturer of the lighting equipment, and the manufacturer(s) (final-stage and others) of the vehicle in question. It may well be that the customers of the supplier you describe will demand assurances of conformity through commercial channels. Yours truly, Mr. Richard B. Dyson Assistant Legal Council, National Highway Traffic Safety Adm., Department of Transportation Washington, D.C. 20591 Good morning, Dick! One of our members, who is a bumper manufacturer, has asked for the correct procedure he should use when supplying a license plate lamp for the rear bumper which he produces and sells to distributors and dealers. I can't see that he would be required to report his production of this bumper, since the unit itself is not covered by a Safety Standard. It would seem however, that he should provide some sort of data regarding the S.A.E. specs of the lamp which he places in the bumper. Now that I think about it, this is really no different than the body manufacturer who supplies lamps and reflectors as a part of his body or body kit, which could open a whole can of worms. Therefore, I need to rephrase my question to include all lamps and reflectors which manufacturers provide Final-stage Manufacturers. Based upon the above, what must a prudent manufacturer do, if anything, to advise the Final-stage Manufacturer that the lamps and/or reflectors which he has affixed to his product meets the published S.A.E. specs required by Safety Standard 108? Thaks in advance for your cooperation with this matter. Best regards, THOMAS S. PIERATT-- Executive Secretary |
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ID: 1985-01.38OpenTYPE: INTERPRETATION-NHTSA DATE: 02/27/85 FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA TO: Mr. H. Horiyoshi Mazda (North America), Inc. TITLE: FMVSS INTERPRETATION TEXT:
Mr. H. Horiyoshi Executive Vice President and General Manager Mazda (North America), Inc. 24402 Sinacola Court Farmington Hills, MI 48018
Dear Mr. Horiyoshi:
This is in reply to your letter of November 21, 1984, asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it would apply to a contemplated parking lamp system.
Usually passenger cars are designed with two parking lamps, one on each side of the vehicle front. Mazda would have two such lamps on each vehicle side, each of the two lamps flanking the headlamp. You have asked whether, in determining the H-V axis, one takes the axis as the center of each lamp, or should one consider the pair a single device and place the H-V axis at the midpoint between them. Standard No. 108 requires passenger cars to be equipped with a minimum of two parking lamps, located "as far apart as practicable." Therefore, the outermost parking lamp, (the one located between the turn signal lamp and the headlamp) is the lamp that must meet the parking lamp requirements of Standard No. 108, and the H-V axis for purposes of compliance would be determined at the center of the lens of that lamp. Supplementary lighting equipment is permissible under Standard No. 108 and does not have to meet the standard's requirements, but it must not impair the effectiveness of the lighting equipment required by the standard (paragraph S4.1.3). Because of the difference in candela between parking lamps and headlamps, information available to us does not indicate that your supplementary parking lamp would have this effect, and consequently, the design would be permitted.
I hope that this answers your questions.
Sincerely,
Original Signed By Frank Berndt Chief Counsel |
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ID: 8067Open Mr. Richard Langlais Dear Mr. Langlais: This responds to your December 7, 1992, inquiry requesting information about the agency's requirements set forth in 49 CFR 551.45, Service of Process; Agents. In a November 26, 1991, letter to you, Ms. Kathleen DeMeter, NHTSA's Assistant Chief Counsel for General Law, sent you a letter explaining your responsibilities pursuant to 551.45. You now have some additional questions related to Ms. DeMeter's letter. I am pleased to have this opportunity to respond to your additional questions. As our earlier letter explained, 551.45 sets forth this agency's requirements as they relate to the service of process on non-American manufacturers and importers. One such requirement provides that you must send a declaration of acceptance duly signed by the agent appointed and that agent must be a permanent resident of the United States. The agent may be an individual, a firm, or a U.S. corporation. You asked who could be appointed as your agent and whether we would recommend some agents or firms which specialize in this kind of service. With respect to your first question, any individual, firm, or United States corporation may be an agent provided that it is a permanent resident of this country. With respect to your second question, this agency does not recommend or endorse entities which may serve as an agent. Nevertheless, the National Glass Association, a trade association whose members include automotive glass manufacturers, may be able to assist you. It is located at 8200 Greensboro Drive, Suite 302, McLean Va 22102, and its telephone number is (703) 442-4890. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel ref:551#205 d:2/23/93
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1993 |
ID: nht93-1.48OpenDATE: 02/23/93 FROM: JOHN WOMACK -- ACTING CHIEF COUNSEL, NHTSA TO: RICHARD LANGLAIS -- PRELCO INC. TITLE: NONE ATTACHMT: ATTACHED TO LETTER DATED 12-7-92 FROM RICHARD LANGLAIS TO MARVIN SHAW (OCC 8067); ALSO ATTACHED TO LETTER DATED 11-26-91 FROM KATHLEEN DEMETER TO RICHARD LANGLAIS TEXT: This responds to your December 7, 1992, inquiry requesting information about the agency's requirements set forth in 49 CFR @ 551.45, Service of Process; Agents. In a November 26, 1991, letter to you, Ms. Kathleen DeMeter, NHTSA's Assistant Chief Counsel for General Law, sent you a letter explaining your responsibilities pursuant to @ 551.45. You now have some additional questions related to Ms. DeMeter's letter. I am pleased to have this opportunity to respond to your additional questions. As our earlier letter explained, @ 551.45 sets forth this agency's requirements as they relate to the service of process on non-American manufacturers and importers. One such requirement provides that you must send a declaration of acceptance duly signed by the agent appointed and that agent must be a permanent resident of the United States. The agent may be an individual, a firm, or a U.S. corporation. You asked who could be appointed as your agent and whether we would recommend some agents or firms which specialize in this kind of service. With respect to your first question, any individual, firm, or United States corporation may be an agent provided that it is a permanent resident of this country. With respect to your second question, this agency does not recommend or endorse entities which may serve as an agent. Nevertheless, the National Glass Association, a trade association whose members include automotive glass manufacturers, may be able to assist you. It is located at 8200 Greensboro Drive, Suite 302, McLean Va 22102, and its telephone number is (703) 442-4890. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. |
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ID: nht94-6.41OpenDATE: April 11, 1994 FROM: John Womack -- Acting Chief Counsel, NHTSA TO: Lawrence A. Beyer, Esq. TITLE: None ATTACHMT: Attached to fax/letter dated 2/14/94 from Lawrence A. Beyer to Z. Taylor Vinson (OCC 9677) TEXT: This is in reply to your FAX of February 14, 1994, to Taylor Vinson of this Office, relating to a policy of the Office of Vehicle Safety Compliance (OVSC) regarding importation of vehicles from Canada. Under this policy, and because of the close congruence of the Federal motor vehicle safety standards of both the U.S. and Canada, OVSC has, in essence, waived the requirement for bond and entry through the registered importer process if the Canadian vehicle is accompanied by a letter from the vehicle manufacturer stating that the vehicle was manufactured to comply with the U.S. standards, except for minor labelling variations. You state that this policy has been restricted to personally owned vehicles and does not allow "importations of vehicles by corporations for their corporation's personal use." Instead, these vehicles must be entered under bond and conformance verified or achieved by a registered importer. You state that you do not understand the distinction OVSC makes between individual personal use and corporate personal use. Under the Imported Vehicle Safety Compliance Act of 1988, as a general matter, a noncomplying vehicle may enter the United States permanently only if it is imported by a registered importer who brings it into compliance. However, an exception is made by 15 U.S.C. 1397(f)(1)(B) which allows importation by a person other than a registered importer if that person has a conformance contract with a registered importer and if the vehicle is imported "for personal use, and not for purposes of resale, by any individual (other than an individual described in subsections (g) and (h)). . . ." The term "individual" refers to a human being and not a corporate person. Therefore, the Act distinguishes both as to whether an importation is for personal use AND whether the importer is an individual or a corporation. I hope that this answers your question. |
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ID: nht94-2.29OpenTYPE: Interpretation-NHTSA DATE: April 11, 1994 FROM: John Womack -- Acting Chief Counsel, NHTSA TO: Lawrence A. Beyer, Esq. TITLE: None ATTACHMT: Attached to fax/letter dated 2/14/94 from Lawrence A. Beyer to Z. Taylor Vinson (OCC 9677) TEXT: This is in reply to your FAX of February 14, 1994, to Taylor Vinson of this Office, relating to a policy of the Office of Vehicle Safety Compliance (OVSC) regarding importation of vehicles from Canada. Under this policy, and because of the close congruence of the Federal motor vehicle safety standards of both the U.S. and Canada, OVSC has, in essence, waived the requirement for bond and entry through the registered importer process if the Canadian vehi cle is accompanied by a letter from the vehicle manufacturer stating that the vehicle was manufactured to comply with the U.S. standards, except for minor labelling variations. You state that this policy has been restricted to personally owned vehicles and does not allow "importations of vehicles by corporations for their corporation's personal use." Instead, these vehicles must be entered under bond and conformance verified or achieved by a registered importer. You state that you do not understand t he distinction OVSC makes between individual personal use and corporate personal use. Under the Imported Vehicle Safety Compliance Act of 1988, as a general matter, a noncomplying vehicle may enter the United States permanently only if it is imported by a registered importer who brings it into compliance. However, an exception is made by 15 U.S.C. 1397(f)(1)(B) which allows importation by a person other than a registered importer if that person has a conformance contract with a registered importer and if the vehicle is imported "for personal use, and not for purposes of resale, by any i ndividual (other than an individual described in subsections (g) and (h)). . . ." The term "individual" refers to a human being and not a corporate person. Therefore, the Act distinguishes both as to whether an importation is for personal use AND wheth er the importer is an individual or a corporation. I hope that this answers your question. |
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ID: 1984-1.33OpenTYPE: INTERPRETATION-NHTSA DATE: 04/03/84 FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA TO: Wesbar Corporation -- C.I. Nielsen, III, Vice President, Marketing TITLE: FMVSS INTERPRETATION ATTACHMT: 10/28/70 letter from Roger H. Compton to E.W. Bernitt (L.W. Kermitt), Jeep Corporation TEXT: Mr. C. I. Nielsen III Vice President - Marketing Wesbar Corporation Box 577 West Bend, Wisconsin 53095 In response to your letter of February 16, 1984, I enclose a copy of the letter of October 28, 1970, to AMC that you requested. The interpretation remains valid. There is no charge for the letter.
Sincerely,
Frank Berndt Chief Counsel
Enclosure 10/28/70 letter from Roger H. Compton to E.W. Bernitt omitted here. February 16, 1984
Gentlemen:
We are writing to you at this time to request a copy of a "letter of intent" regarding compliance with DOT-108 para S4.1.1.6 and S4.1.1.7.
It has been suggested we get a copy of this letter from you before proceeding on the design on a multi-function tail light. The "letter of intent" we are referring to is Mr. Roger Compton's October 23, 1970 letter to AMC-Jeep regarding what area is considered "measurable" to meet the requirements.
If there is a charge for this requested copy, and it is under $25.00 please send the letter with the invoice and we will pay it promptly. If the charges are in excess of $25.00, please advise same before proceeding any further.
Thank you in advance for your prompt response to our request. Sincerely,
WESBAR CORPORATION
C. I. Nielsen III Vice President -Marketing CIN:mk |
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ID: nht74-5.56OpenDATE: 06/06/74 FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA TO: Hellstar Corporation TITLE: FMVSS INTERPRETATION TEXT: This is in response to your letter of May 13, 1974, requesting information concerning the existence of any Federal Motor Vehicle Safety Standards applicable to auxiliary fuel tanks. The National Highway Traffic Safety Administration has promulgated no motor vehicle safety standard relating to auxiliary fuel tanks. There is, however, a safety standard which imposes performance requirements upon motor vehicles with regard to their fuel systems. Thus, if installation of the auxiliary tank is accomplished prior to the first purchase of the vehicle for purposes other than resale causing the vehicle's fuel system not to be in compliance with the applicable safety standard, the person installing the tank or offering the vehicle for sale would be in violation of @ 108(a)(1) of the National Traffic and Motor Vehicle Safety Act. That would make the installer or seller subject to civil penalties of up to $ 1,000 for each violation. The National Traffic and Motor Vehicle Safety Act authorizes the Secretary of Transportation to make a determination as to whether or not an item of motor vehicle equipment contains a defect which relates to motor vehicle safety. If he finds that a safety-related defect exists, he may compel the manufacturer to notify purchasers of the hazard. Therefore, even though auxiliary fuel tanks are not the subject of a standard, they still must be safely designed. For your information, I have enclosed a copy of the Federal Safety Standard relating to motor vehicle fuel systems. Enc. HELLSTAR CORPORATION May 13, 1974 U. S. Department of Transportation National Highway Traffic Administration Hellstar is making auxilary gas tanks for pickups, which is added to the pickup after manufactured from original manufacturer. What are the regulations and what standards do we have to meet? Is there any test requirement necessary? Merle O. Roberts Controller |
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.