NHTSA Interpretation File Search Overview Search Tool Request an Interpretation

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

Displaying 2441 - 2450 of 2914

Interpretations	Date

ID: aiam5433 Open Ms. Irene M. Thomas 1627 S. Ironton St. Aurora, CO 80012; Ms. Irene M. Thomas 1627 S. Ironton St. Aurora CO 80012; "Dear Ms. Thomas: This responds to your letter asking about safet regulations for a device you call a 'CarMobile.' The CarMobile is a type of strap to which three rings are sewn. The CarMobile attaches by 'velcro' straps to the handrails located at the top of the interior rear car doors. You state that 'Toys would be hung from the rings, so that babies and toddlers can play with them as they dangle in front of their carseats.' 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. In response to your question, there is currently no Federal motor vehicle safety standard (FMVSS) that directly applies to the product you wish to manufacture. However, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. 30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. In addition, while it is unlikely that the CarMobile would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, 49 U.S.C. 30122 prohibits those businesses from installing the device if the installation 'makes inoperative' compliance with any safety standard. NHTSA's safety standard for built-in child restraint systems (Standard 213) specifies requirements that ensure that the area surrounding a child in a built-in restraint is free from objects that could injure a child's head in a crash. If the CarMobile's cord and rings cause the vehicle with the built-in restraint to no longer comply with Standard 213, any of the aforementioned parties installing the CarMobile may have violated 30122. The prohibition of 30122 does not apply to individual owners who install equipment in their own vehicles. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles, and would discourage them from hanging toys or other objects in front of a seated child that could injure the child in a crash. We also wish to point out that any kind of ribbon or line that can wrap around the neck of a child in a crash poses a potential risk of strangulation in a crash. You should consider these and any other relevant safety concerns when designing the CarMobile and when instructing consumers how to use the device. I hope this is helpful. If you have any other questions, please contact Deirdre Fujita of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure";
ID: aiam2231 Open Mr. Mori Nakashima, Inoue Rubber International Co., Ltd., 301 Mill Rd., P.O. Box 396, Hewlett, NY 11557; Mr. Mori Nakashima Inoue Rubber International Co. Ltd. 301 Mill Rd. P.O. Box 396 Hewlett NY 11557; Dear Mr. Nakashima: I am writing to confirm your telephone conversation with Mark Schwimme of this office on February 25, 1976, concerning tires that you export to the United States and to the Soviet Union.; I understand that you export tires from Japan to the Soviet Union, t be mounted on motorcycles that are in turn exported to the United States. Representatives of the motorcycle manufacturer have requested a certification that the tires comply with Federal Motor Vehicle Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars. You asked Mr. Schwimmer how to obtain such a certification from the Department of Transportation.; This Department does not certify or otherwise issue advance approval of motor vehicles, tires, or other motor vehicle equipment. Certification, under the applicable law and regulations, must be done by the manufacturer. The symbol 'DOT', molded in the tire sidewall by you, pursuant to S6.5(a), constitutes your certification that your product complies with all applicable Federal motor vehicle safety standards (i.e., in this case, Standard No. 119). If it is subsequently determined that your product does not comply with the standard, then the tires are subject to the notification and remedy provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended. The 'DOT' symbol on the sidewall may very well be the certification that your Soviet customer has in mind.; Please note that section 110(e) of the National Traffic and Moto Vehicle Safety Act (15 U.S.C. S 1399(e)) requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his agent, upon whom service of all processes, orders, notices, decisions, and requirements may be made. Our records indicate that Inoue Rubber International Co., Ltd. has not complied with this requirement.; The procedural regulations (49 CFR 551.45) for designation of agen pursuant to the Act require:; >>>1. A certification by its maker that the designation is binding o Inoue Rubber International Co., Ltd. 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 addres of Inoue Rubber International Co., Ltd.,; 3. Trade names, or other designation of origin of the products of Inou Rubber International Co., Ltd. that do not bear its legal name,; 4. A provision that the designation shall remain in effect unti withdrawn or replaced by Inoue Rubber International Co., Ltd.,; 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 t appoint the agent, the signer's name and title should be clearly indicated beneath his signature.; Copies of these regulations and of Standard No. 119 are enclosed fo your information and guidance.; Yours truly, Richard B. Dyson, Assistant Chief Counsel
ID: aiam2227 Open Mr. Mori Nakashima, Inoue Rubber International Co., Ltd., 301 Mill Rd., P.O. Box 396, Hewlett, New York 11557; Mr. Mori Nakashima Inoue Rubber International Co. Ltd. 301 Mill Rd. P.O. Box 396 Hewlett New York 11557; Dear Mr. Nakashima: I am writing to confirm your telephone conversation with Mark Schwimme of this office on February 25, 1976, concerning tires that you export to the United States and to the Soviet Union.; I understand that you export tires from Japan to the Soviet Union, t be mounted on motorcycles that are in turn exported to the United States. Representatives of the motorcycle manufacturer have requested a certification that the tires comply with Federal Motor Vehicle Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars. You asked Mr. Schwimmer how to obtain such a certification from the Department of Transportation.; This Department does not certify or otherwise issue advance approval of motor vehicles, tires, or other motor vehicle equipment. Certification, under the applicable law and regulations, must be done by the manufacturer. The symbol 'DOT', molded in the tire sidewall by you, pursuant to S6.5(a), constitutes your certification that your product complies with all applicable Federal motor vehicle safety standards (i.e., in this case, Standard No. 119). If it is subsequently determined that your product does not comply with the standard, then the tires are subject to the notification and remedy provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended. The 'DOT' symbol on the sidewall may very well be the certification that your Soviet customer has in mind.; Please note that Section 110(e) of the National Traffic and Moto Vehicle Safety Act (15U.S.C. S1399(e)) requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his agent, upon whom service of all processes, orders, notices, decisions, and requirements may be made. Our records indicate that Inoue Rubber International Co., Ltd. has not complied with this requirement.; The procedural regulations (49 CFR 551.45) for designation of agen pursuant to the Act requires:; >>>(1) A certification by its maker that the designation is binding o Inoue Rubber International Co., Ltd. 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 mailin address of Inoue Rubber International Co., Ltd.,; (3) Trade names or other designations of origin of the products o Inoue Rubber International Co., Ltd. that do not bear its legal name,; (4) A provision that the designation remain in effect until withdraw or replaced by Inoue Rubber International Co., Ltd.,; (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 t appoint the agent, the signers name and title should be clearly indicated beneath his signature.; Copies of these regulations and of Standard No. 119 are enclosed fo your information and guidance.; Yours truly, Richard B. Dyson, Assistant Chief Counsel
ID: aiam4039 Open Mr. William R. Fink, President, Isis Imports, Ltd., P.O. Box 2290, U.S. Custom House, San Francisco, CA 94126; Mr. William R. Fink President Isis Imports Ltd. P.O. Box 2290 U.S. Custom House San Francisco CA 94126; Dear Mr. Fink: This is in reply to your letter of November 22, 1985, to the forme Chief Counsel of this agency, Frank Berndt. Your company, Isis Imports, is an importer of Morgan passenger cars, and has heretofore imported them pursuant to 19 C.F.R. 12.80(b)(1)(iii). Upon advice of your attorney you have concluded that you may instead import them pursuant to 12.80(b)(1)(ix), and wish to inform the National Highway Traffic Safety Administration of that fact.; More specifically, under 12.80(b)(1)(iii) an importer declares that hi vehicles was not manufactured in conformity with the Federal motor vehicle safety standards, but that it has been, or will be, brought into conformity, he also is required to furnish a bond for the production of a conformity statement. Under 12.80(b)(1)(ix), the importer simply declares that the vehicle is an 'incomplete vehicle' as defined by 49 CFR Part 568, no bond is required as it is assumed that the vehicle will be completed to conform to the Federal safety standards and bear the certification of its final- stage manufacturer. Because the Morgans are received from Morgan Motor Company without 'major components of the fuel system: no fuel tank, fuel lines, carburetor, etc.,' you believe that they are 'incomplete vehicles,' which are defined by S568.3 as 'an assemblage consisting as a minimum of frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations...to become a completed vehicle.'; We disagree with your conclusion. The rulemaking history of Part 56 clearly shows that the intent of the regulation is to cover vehicles whose manufacture has customarily been shared. As the agency commented in 1970, 'A large number of heavy vehicles of all types, of recreational vehicles, and of special purpose vehicles are manufactured in two or more stages, of which the first is an incomplete vehicle such as a stripped chassis, chassis cowl, or chassis cab to which one or more subsequent manufacturers add components to produce a completed vehicle.' (35 FR 4639) The Morgan, on the other hand, is a passenger car ordinarily manufactured in a single stage, and in this instance is nonetheless virtually complete when it arrives in the United States. It is therefore a 'motor vehicle' within the meaning of 19 CFR 12.80(b)(1)(iii), and the agency will not accept any HS-7 forms evidencing attempts to enter the vehicles pursuant to 12.80(b)(1)(ix).; I enclose copies of a couple of rulemaking proposals on Part 568 s that you might have a better understanding of its thrust. Were we to accept your interpretation, S568.4(a) would require Morgan Motor Company to furnish a document with each vehicle advising Isis how compliance with each applicable Federal motor vehicle safety standard might be affected by its final manufactured operations. Given the decision of Peter Morgan over the years not to conform his vehicles for the American market, we question whether he would furnish a document attesting that his product complies with all Federal motor vehicle safety standards, except 301, Fuel System Integrity.; Sincerely, Erika Z. Jones, Chief Counsel
ID: aiam4809 Open Mr. Fred Ciampi Fred's Welding Service Route 86, Box 85 Jumping Branch, WV 25969-0085; Mr. Fred Ciampi Fred's Welding Service Route 86 Box 85 Jumping Branch WV 25969-0085; "Dear Mr. Ciampi: This responds to your letter requesting informatio concerning Federal requirements governing the manufacture of utility trailers. Your letter indicated that you plan to manufacture trailers. First, please be aware that the National Highway Traffic Safety Administration (NHTSA) has authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. For purposes of this authority, trailers are considered motor vehicles. NHTSA does not approve motor vehicles or equipment, nor does the agency endorse any commercial products. Instead, the National Traffic and Motor Vehicle Safety Act establishes a certification process under which each manufacturer must certify that its product meets agency safety standards, or other applicable standards. Periodically, NHTSA tests whether vehicles or equipment comply with these standards, and may investigate alleged safety-related product defects. The following Federal safety standards apply to trailers: Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment, Safety Standard No. 115, Vehicle identification Number--Basic Requirements, and Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars. The content requirements for the vehicle identification number are found at 49 CFR Part 565. In addition, depending on the type of braking system used, trailers must meet Safety Standard No. 106, Brake Hoses, Safety Standard No. 116, Motor Vehicle Brake Fluids, and Safety Standard No. 121, Air Brake Systems. All of these standards are found in 49 CFR Part 571. In addition, as a manufacturer of motor vehicles, you would be required to submit identification information to this agency in accordance with 49 CFR Part 566, Manufacturer Identification. You would also be required to certify that each trailer complies with all applicable Federal safety standards. This certification procedure is set out in 49 CFR Part 567. You may find a copy of 49 CFR at a Federal Depository Library in your State. If you so choose, you may purchase a copy of Title 49 from the United States Government Printing Office (GPO), Washington, D.C. 20402, (202) 783-3238. With respect to laws governing trailer manufacture, the principal statute is the National Traffic and Motor Vehicle Safety Act. You may obtain a copy of this Act from GPO. You may wish to note especially 151 of the Act, which requires a manufacturer of a motor vehicle or motor vehicle equipment to conduct notice and recall campaigns if you or this agency find that your product has a safety-related defect. There may be State regulations that apply to trailer manufacture and use. In many states, a person cannot register a new vehicle unless he or she has a statement or certificate of origin. I understand that the Recreation Vehicle Industry Association will supply a small quantity of form statements or certificates upon request. You may contact that organization by writing them at 1896 Preston White Drive, Reston, VA 22090, or calling (800) 336-0154. You may wish to contact the local Department of Transportation or Motor Vehicle Administration in the states for which you have an interest for further information on state requirements. I hope you find this information helpful. Please do not hesitate to contact this office at (202) 366-2992 if you have specific questions. Sincerely, Paul Jackson Rice Chief Counsel";
ID: aiam4042 Open Mr. Wayne D. Buhler, Director of Engineering, Onspot, Inc., 1424 E. 800 N., Orem, UT 84057; Mr. Wayne D. Buhler Director of Engineering Onspot Inc. 1424 E. 800 N. Orem UT 84057; Dear Mr. Buhler: This responds to your letter requesting a review of your 'Onspot Safet Chain,' an automatic snowchain, for compliance with existing regulations. According to your letter, the current units are being installed both as original equipment and in the aftermarket on 1/2 ton and larger vehicles, although prototypes are being developed for passenger cars. The device is activated by pulling a dash mounted electrical switch which activates an electric solenoid valve, allowing air to pass from an air tank on the Onspot air chambers. For the future, you are considering using a push pull air switch mounted at the dash which would get air supply from the tank or manifold, thus eliminating the solenoid valve. On vehicles with air-mechanical brakes, air is generally used from the secondary air reservoir, or the primary reservoir if that is all that is available. On vehicles with hydraulic brakes, an auxiliary air system is provided. I regret the delay in responding to your letter.; By way of background information, the National Highway Traffic Safet Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable safety standards. The following represents our opinion based on the facts provided in your letter.; NHTSA does not have any regulations covering automatic snowchains However, it is possible that installation of the Onspot Safety Chain could affect a vehicle's compliance with other safety standards. We note in particular that since the device may be tied into a vehicle's air brake system, it could affect a vehicle's compliance with Federal Motor Vehicle Safety Standard No. 121, Air Brake Systems.; If your device is installed as original equipment on a new vehicle, th vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards. If the device is added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.; If the device is installed on a used vehicle by a business such as garage, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative the compliance of the vehicle with any safety standard. This is required by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act.; Enclosed is an information sheet which identifies relevant Federa statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. I note that the Vehicle Safety Act's provisions requiring manufacturers to notify purchasers of safety-related defects and to remedy such defects without charge apply regardless of whether an item of motor vehicle equipment is covered by a safety standard.; Sincerely, Erika Z. Jones, Chief Counsel
ID: aiam4098 Open Dawn B. Brown, Esq., Currier, Zall & Shepard, 207 Main Street, P. O. Box L, Nashua, New Hampshire 03061-2938; Dawn B. Brown Esq. Currier Zall & Shepard 207 Main Street P. O. Box L Nashua New Hampshire 03061-2938; Dear Ms. Brown: This responds to your January 2, 1987 letter asking a number o questions concerning certain aspects of automatic transmissions. You ask first if there is a Federal motor vehicle safety standard (FMVSS) relating to the permissibility of a transmissions design which allows a driver to remove the key from the ignition while the transmission is in drive. You state your belief that 'Standard 114, 49 CFR 571.113 is relevant,' and ask whether that standard ever has been interpreted for a purpose other than to prevent unauthorized use of a motor vehicle. (We assume that the citation of 571.113 instead of 571.114 was a typographical error.) You ask further if there are any Federal safety standards that address whether a vehicle should 'jump from park to drive when left in park.' Finally, you ask whether there are standards other than 114 'that govern these problems.'; As it currently is written, Standard 114 requires a manufacturer t install a key-locking system that prevents starting a vehicle engine and also prevents either, steering a vehicle or moving a vehicle forward under its own power whenever the key is removed. Thus, the standard does not directly require that the vehicle be in park before a driver can remove the ignition key.; In 1968, when Standard 114 was adopted, the stated purpose was t 'reduce the incidence of accidents resulting form unauthorized (motor vehicle) use.' 33 Federal Register 6471, April 27, 1968. The agency based this goal on evidence showing that: 'Cars operated by unauthorized persons are far more likely to cause unreasonable risk of accident, personal injury and death than those which are driven by authorized individuals.' (See the preceding citation.) Neither the Standard nor the language in the preamble to it states any other goal.; In 1980, this agency amended Standard 114 to prevent a driver fro inadvertently locking the steering wheel of a moving vehicle by removing the ignition key or shutting off the engine (45 Federal Register 85450, December 29, 1980). However, after receiving petitions for reconsideration and studying the question further, NHTSA decided that while this kind of inadvertent activation might be a safety problem in certain vehicles, the problem did not then warrant requiring additional steps to protect against inadvertent lock-up. Therefore, the agency rescinded the 1980 amendment. The agency stated that it would continue to monitor complaints on the subject, and initiate rulemaking should new data warrant it (46 Federal Register 32251, 32253, June 22, 1981).; Currently, the agency is re-evaluating whether data warrants amendin Standard 114 to improve key-locking systems by reducing the prospect of a driver s inadvertently locking the steering column while a motor vehicle is moving.; As to your question about the existence of a FMVSS which directl addresses the permissibility of a design which allows a car to jump from 'park' to 'drive' when a driver leaves the car in 'park,' the answer is there is no such standard. However, NHTSA has received a number of letters complaining of this phenomenon and, using its authority not only to issue FMVSS but also require the recall and remedy of vehicles and equipment with safety-related defects, has conducted investigations based on these complaints. A listing of the defects investigations can be obtained from: Technical Reference Division, NHTSA, Room 5108, 400 7th St., S.W., Washington, D.C. 20590.; I hope you find this information helpful. Sincerely, Erika Z. Jones, Chief Counsel
ID: aiam3782 Open The Honorable Tom Ridge, House of Representatives, Washington, D.C. 20515; The Honorable Tom Ridge House of Representatives Washington D.C. 20515; Dear Mr. Ridge: This responds to your letter of November 28, 1983, requestin information on behalf of your constituent, Mr. William H. Hull, Sr. Mr. Hull is concerned about the growing practice of persons installing darkly tinted film on passenger car windows. He believes that this is a dangerous practice because it prevents police officers from seeing inside the vehicles. You asked if we were considering the issuance of a regulation outlawing the use of such film and, if so, when such a regulation might be promulgated.; While our authority under the National Traffic and Motor Vehicle Safet Act (the Act) enables us to limit the practice of installing tinted film on vehicle windows, it does not permit us to issue a regulation prohibiting every individual from engaging in that practice. As explained below, while commercial establishments are prohibited from adding the film, we cannot prohibit a vehicle owner from doing so.; Pursuant to the the (sic) Act, we have promulgated Federal Moto Vehicle Safety Standard No. 205, Glazing Materials, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70 percent in areas requisite for driving visibility, which includes all windows in passenger cars) and abrasion resistance. This specification for light transmittance precludes darkly-tinted windows in new automobiles.; Tinting films such as the type referred to in Mr. Hull's letter are no glazing materials themselves, and would not have to comply with Standard No. 205. However, installation of such films on new motor vehicles would be prohibited if the vehicle glazing no longer complied with the light transmittance or abrasion requirements of the standard.; A vehicle manufacturer or a dealer may place the film on glazing in new vehicle prior to sale of the vehicle only if that manufacturer or dealer is able to certify that the glazing continues to be in compliance with the requirements of Standard No. 205. Purchasers of a new vehicle may alter the vehicle as they please, so long as they adhere to all State requirements.; However, vehicle owners may not go to a commercial establishment t have the film installed for them. Section 108(a)(2)(A) of the Act provides that no manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard. Thus, none of those persons may knowingly install a film on a vehicle for its owner if that act would render inoperative the light transmittance or abrasion resistance of the vehicle glazing. Whether this would be the case would have to be determined by the person making the installation. Violation of this section can result in Federal civil penalties up to $1,000 for each violation.; The individual States must govern the operational use of vehicles b their owners since the agency does not have authority in this area. Thus, it would be up to the States to preclude owners from applying films or one-way glass on their own vehicles. Mr. Hull may wish to contact the National Committee on Uniform Traffic Laws (555 Clark Street, Evanston, IL 6-2-4) to find out which States have laws that would preclude owners from placing tinting film on their automobile windows.; Sincerely, Diane K. Steed
ID: aiam4046 Open Mr. Rolf Seiferheld, Service & Technical, Bitter Automobile of America, Inc., 401 Willowbrook Lane, West Chester, PA 19380; Mr. Rolf Seiferheld Service & Technical Bitter Automobile of America Inc. 401 Willowbrook Lane West Chester PA 19380; Dear Mr. Seiferheld: This responds to your letter asking about 49 CFR Part 581, Bumpe Standard. We apologize for the delay in our response. You stated that you are considering integrating fog-taillight assemblies in the rear bumper of a car and asked about relevant requirements. You noted in your letter that section S4.1.3 of Federal Motor Vehicle Safety Standard No. 108 (49 CFR 571.108) states that '(n)o additional lamp, reflective device, or other motor vehicle equipment shall be installed that impairs the effectiveness of lighting equipment required by this standard.' You stated that this paragraph seems to be relevant but that it is unclear to you.; Both Part 581, Bumper Standard, and Safety Standard No. 108, Lamp Reflective Devices, and Associated Equipment, are relevant to the location of fog-taillamp assemblies in the rear bumper. Fog lamps are lighting devices that are not covered by Standard No. 108. Therefore two questions must be asked: are they permissible, and if so, may they be combined with items of lighting equipment required by Standard No. 108. Under section S4.1.3, quoted above, fog lamps are permissible provided that they do not impair the effectiveness of the lighting equipment that the standard requires. In this instance, the question cannot be answered without reference to whether its combination with the taillamp is permitted, for from the photo and drawing submitted, both appear combined in a single housing incorporating, we assume, one filament for each function. Both lamps are 'position lamps', indicating the present of the vehicle in the roadway ahead to a driver who is following behind. The fog lamp is intended to be activated under extreme conditions of reduced visibility, and hence, would appear to increase the effectiveness of the taillamp rather than impair it. Section S4.4 of Standard No. 108 prohibits combining taillamps only with clearance lamps (not required lighting equipment for passenger cars), and thus combining the taillamp and fog lamp functions are permissible. Section S4.3.1.1 of the standard specifies, among other things, that no part of the vehicle may prevent a taillamp from meeting its photometric output at specified test points. Further, a taillamp located in the bumper must also meet the visibility requirements of SAE Standard J585e Tail Lamps (Rear Position Lamps), September 1977, incorporated by reference in Standard No. 108. Pursuant to Paragraph 4 of J585e taillamps must be visible through a horizontal angle from 45 degrees to the left to 45 degrees to the right, to be considered visible, the lamp must provide an unobstructed projected illuminated area of outer lens surface (excluding reflex), not less than 2 square inches measured at 45 degrees to the longitudinal axis of the vehicle.; Finally, Part 581 Bumper Standard specifies requirements for th impact resistance of vehicles in low speed front and rear collisions. Vehicles must be capable of meeting certain damage criteria, following specified test impacts. Among other things, lamps must be free of cracks and comply with applicable visibility requirements of section S4.3.1.1 of Standard No. 108 following the impacts.; I hope this information is helpful. Sincerely, Erika Z. Jones, Chief Counsel
ID: aiam0212 Open Mr. Royal Leeman, Project Engineer, FWD Corporation, Clintonville, WI 54929; Mr. Royal Leeman Project Engineer FWD Corporation Clintonville WI 54929; >>>Re: Petition for Rulemaking<<< Dear Mr. Leeman: This is in reply to your letter of October 16, 1969, requesting a exception from Paragraph S3.1 of Federal Motor Vehicle Safety Standard No. 205 ('Glazing Materials - Passenger Cars, Multipurpose Passenger Vehicles, Motorcycles, Trucks and Buses'), to allow the use of Lexan and Plexiglas in certain specified locations in twenty-one (21) fire fighting vehicles to be delivered to the City of New York.; You state the purpose of your request is to provide better protectio for occupants of these fire fighting vehicles from objects thrown at them when, for example, the vehicles are enroute to a fire. Further, you state the use of these materials would eliminate replacing safety glass, which can be broken when hit by small objects. Because you are requesting a change in an existing standard your letter has been treated as a petition for rulemaking to amend Standard No. 205, pursuant to the provisions of 49 CFR SS 353.31, 353.33. For the reasons stated below, your petition is denied.; It is not completely clear from your letter and the enclosed drawin where the interior or canopy partitions in which you wish to use Lexan and Plexiglas are located. Standard No. 205 presently permits the use of rigid plastics in interior partitions of fire fighting vehicles if these materials meet the requirements for plastics designated AS4 and AS5 (the latter can only be used when not requisite for driving visibility) in American Standards Association Test Z26.1-1966, July 15, 1966. We understand that Plexiglas meets these requirements and may therefore be used in this location. We also understand, however, that Lexan does not, failing specifically to meet certain chemical and abrasion resistance requirements applicable to AS4 and AS5 rigid plastics under the Standard. If our understanding regarding Lexan is correct, we believe its failure to meet these minimum requirements renders it unsuitable for use in areas of motor vehicles where a possible loss of transparency may affect the safe operation of the vehicle.; With reference to glazing in side and door windows of fire fightin vehicles, Standard No. 205 allows the use of glazing specified AS1, AS2, and AS10 in ASA Test Z26.1-1966 and also allows the use of AS11 and AS3 glazing at levels not requisite for driving visibility. This glazing may be either laminated, tempered, or bullet resistant safety glass meeting the applicable requirements. Plastics meeting AS4 and AS5 requirements, while appropriate for certain locations such as partititions (sic), are not considered appropriate for use in side and door windows as they do not possess chemical and abrasion resistance qualities necessary for exterior glazing and which the types of safety glass specified above possess. The occupant protection which you desire can be provided by using AS10 (and AS11 where appropriate) bullet resistant glass which contains both structural advantages over normally used safety glazing and satisfactory chemical and abrasion resistance for use in side and door windows.; Sincerely, F. C. Turner, Federal Highway Administrator

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.

Interpretations	Date

ID: aiam5433 Open Ms. Irene M. Thomas 1627 S. Ironton St. Aurora, CO 80012; Ms. Irene M. Thomas 1627 S. Ironton St. Aurora CO 80012; "Dear Ms. Thomas: This responds to your letter asking about safet regulations for a device you call a 'CarMobile.' The CarMobile is a type of strap to which three rings are sewn. The CarMobile attaches by 'velcro' straps to the handrails located at the top of the interior rear car doors. You state that 'Toys would be hung from the rings, so that babies and toddlers can play with them as they dangle in front of their carseats.' 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. In response to your question, there is currently no Federal motor vehicle safety standard (FMVSS) that directly applies to the product you wish to manufacture. However, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. 30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. In addition, while it is unlikely that the CarMobile would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, 49 U.S.C. 30122 prohibits those businesses from installing the device if the installation 'makes inoperative' compliance with any safety standard. NHTSA's safety standard for built-in child restraint systems (Standard 213) specifies requirements that ensure that the area surrounding a child in a built-in restraint is free from objects that could injure a child's head in a crash. If the CarMobile's cord and rings cause the vehicle with the built-in restraint to no longer comply with Standard 213, any of the aforementioned parties installing the CarMobile may have violated 30122. The prohibition of 30122 does not apply to individual owners who install equipment in their own vehicles. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles, and would discourage them from hanging toys or other objects in front of a seated child that could injure the child in a crash. We also wish to point out that any kind of ribbon or line that can wrap around the neck of a child in a crash poses a potential risk of strangulation in a crash. You should consider these and any other relevant safety concerns when designing the CarMobile and when instructing consumers how to use the device. I hope this is helpful. If you have any other questions, please contact Deirdre Fujita of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure";
ID: aiam2231 Open Mr. Mori Nakashima, Inoue Rubber International Co., Ltd., 301 Mill Rd., P.O. Box 396, Hewlett, NY 11557; Mr. Mori Nakashima Inoue Rubber International Co. Ltd. 301 Mill Rd. P.O. Box 396 Hewlett NY 11557; Dear Mr. Nakashima: I am writing to confirm your telephone conversation with Mark Schwimme of this office on February 25, 1976, concerning tires that you export to the United States and to the Soviet Union.; I understand that you export tires from Japan to the Soviet Union, t be mounted on motorcycles that are in turn exported to the United States. Representatives of the motorcycle manufacturer have requested a certification that the tires comply with Federal Motor Vehicle Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars. You asked Mr. Schwimmer how to obtain such a certification from the Department of Transportation.; This Department does not certify or otherwise issue advance approval of motor vehicles, tires, or other motor vehicle equipment. Certification, under the applicable law and regulations, must be done by the manufacturer. The symbol 'DOT', molded in the tire sidewall by you, pursuant to S6.5(a), constitutes your certification that your product complies with all applicable Federal motor vehicle safety standards (i.e., in this case, Standard No. 119). If it is subsequently determined that your product does not comply with the standard, then the tires are subject to the notification and remedy provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended. The 'DOT' symbol on the sidewall may very well be the certification that your Soviet customer has in mind.; Please note that section 110(e) of the National Traffic and Moto Vehicle Safety Act (15 U.S.C. S 1399(e)) requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his agent, upon whom service of all processes, orders, notices, decisions, and requirements may be made. Our records indicate that Inoue Rubber International Co., Ltd. has not complied with this requirement.; The procedural regulations (49 CFR 551.45) for designation of agen pursuant to the Act require:; >>>1. A certification by its maker that the designation is binding o Inoue Rubber International Co., Ltd. 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 addres of Inoue Rubber International Co., Ltd.,; 3. Trade names, or other designation of origin of the products of Inou Rubber International Co., Ltd. that do not bear its legal name,; 4. A provision that the designation shall remain in effect unti withdrawn or replaced by Inoue Rubber International Co., Ltd.,; 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 t appoint the agent, the signer's name and title should be clearly indicated beneath his signature.; Copies of these regulations and of Standard No. 119 are enclosed fo your information and guidance.; Yours truly, Richard B. Dyson, Assistant Chief Counsel
ID: aiam2227 Open Mr. Mori Nakashima, Inoue Rubber International Co., Ltd., 301 Mill Rd., P.O. Box 396, Hewlett, New York 11557; Mr. Mori Nakashima Inoue Rubber International Co. Ltd. 301 Mill Rd. P.O. Box 396 Hewlett New York 11557; Dear Mr. Nakashima: I am writing to confirm your telephone conversation with Mark Schwimme of this office on February 25, 1976, concerning tires that you export to the United States and to the Soviet Union.; I understand that you export tires from Japan to the Soviet Union, t be mounted on motorcycles that are in turn exported to the United States. Representatives of the motorcycle manufacturer have requested a certification that the tires comply with Federal Motor Vehicle Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars. You asked Mr. Schwimmer how to obtain such a certification from the Department of Transportation.; This Department does not certify or otherwise issue advance approval of motor vehicles, tires, or other motor vehicle equipment. Certification, under the applicable law and regulations, must be done by the manufacturer. The symbol 'DOT', molded in the tire sidewall by you, pursuant to S6.5(a), constitutes your certification that your product complies with all applicable Federal motor vehicle safety standards (i.e., in this case, Standard No. 119). If it is subsequently determined that your product does not comply with the standard, then the tires are subject to the notification and remedy provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended. The 'DOT' symbol on the sidewall may very well be the certification that your Soviet customer has in mind.; Please note that Section 110(e) of the National Traffic and Moto Vehicle Safety Act (15U.S.C. S1399(e)) requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his agent, upon whom service of all processes, orders, notices, decisions, and requirements may be made. Our records indicate that Inoue Rubber International Co., Ltd. has not complied with this requirement.; The procedural regulations (49 CFR 551.45) for designation of agen pursuant to the Act requires:; >>>(1) A certification by its maker that the designation is binding o Inoue Rubber International Co., Ltd. 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 mailin address of Inoue Rubber International Co., Ltd.,; (3) Trade names or other designations of origin of the products o Inoue Rubber International Co., Ltd. that do not bear its legal name,; (4) A provision that the designation remain in effect until withdraw or replaced by Inoue Rubber International Co., Ltd.,; (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 t appoint the agent, the signers name and title should be clearly indicated beneath his signature.; Copies of these regulations and of Standard No. 119 are enclosed fo your information and guidance.; Yours truly, Richard B. Dyson, Assistant Chief Counsel
ID: aiam4039 Open Mr. William R. Fink, President, Isis Imports, Ltd., P.O. Box 2290, U.S. Custom House, San Francisco, CA 94126; Mr. William R. Fink President Isis Imports Ltd. P.O. Box 2290 U.S. Custom House San Francisco CA 94126; Dear Mr. Fink: This is in reply to your letter of November 22, 1985, to the forme Chief Counsel of this agency, Frank Berndt. Your company, Isis Imports, is an importer of Morgan passenger cars, and has heretofore imported them pursuant to 19 C.F.R. 12.80(b)(1)(iii). Upon advice of your attorney you have concluded that you may instead import them pursuant to 12.80(b)(1)(ix), and wish to inform the National Highway Traffic Safety Administration of that fact.; More specifically, under 12.80(b)(1)(iii) an importer declares that hi vehicles was not manufactured in conformity with the Federal motor vehicle safety standards, but that it has been, or will be, brought into conformity, he also is required to furnish a bond for the production of a conformity statement. Under 12.80(b)(1)(ix), the importer simply declares that the vehicle is an 'incomplete vehicle' as defined by 49 CFR Part 568, no bond is required as it is assumed that the vehicle will be completed to conform to the Federal safety standards and bear the certification of its final- stage manufacturer. Because the Morgans are received from Morgan Motor Company without 'major components of the fuel system: no fuel tank, fuel lines, carburetor, etc.,' you believe that they are 'incomplete vehicles,' which are defined by S568.3 as 'an assemblage consisting as a minimum of frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations...to become a completed vehicle.'; We disagree with your conclusion. The rulemaking history of Part 56 clearly shows that the intent of the regulation is to cover vehicles whose manufacture has customarily been shared. As the agency commented in 1970, 'A large number of heavy vehicles of all types, of recreational vehicles, and of special purpose vehicles are manufactured in two or more stages, of which the first is an incomplete vehicle such as a stripped chassis, chassis cowl, or chassis cab to which one or more subsequent manufacturers add components to produce a completed vehicle.' (35 FR 4639) The Morgan, on the other hand, is a passenger car ordinarily manufactured in a single stage, and in this instance is nonetheless virtually complete when it arrives in the United States. It is therefore a 'motor vehicle' within the meaning of 19 CFR 12.80(b)(1)(iii), and the agency will not accept any HS-7 forms evidencing attempts to enter the vehicles pursuant to 12.80(b)(1)(ix).; I enclose copies of a couple of rulemaking proposals on Part 568 s that you might have a better understanding of its thrust. Were we to accept your interpretation, S568.4(a) would require Morgan Motor Company to furnish a document with each vehicle advising Isis how compliance with each applicable Federal motor vehicle safety standard might be affected by its final manufactured operations. Given the decision of Peter Morgan over the years not to conform his vehicles for the American market, we question whether he would furnish a document attesting that his product complies with all Federal motor vehicle safety standards, except 301, Fuel System Integrity.; Sincerely, Erika Z. Jones, Chief Counsel
ID: aiam4809 Open Mr. Fred Ciampi Fred's Welding Service Route 86, Box 85 Jumping Branch, WV 25969-0085; Mr. Fred Ciampi Fred's Welding Service Route 86 Box 85 Jumping Branch WV 25969-0085; "Dear Mr. Ciampi: This responds to your letter requesting informatio concerning Federal requirements governing the manufacture of utility trailers. Your letter indicated that you plan to manufacture trailers. First, please be aware that the National Highway Traffic Safety Administration (NHTSA) has authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. For purposes of this authority, trailers are considered motor vehicles. NHTSA does not approve motor vehicles or equipment, nor does the agency endorse any commercial products. Instead, the National Traffic and Motor Vehicle Safety Act establishes a certification process under which each manufacturer must certify that its product meets agency safety standards, or other applicable standards. Periodically, NHTSA tests whether vehicles or equipment comply with these standards, and may investigate alleged safety-related product defects. The following Federal safety standards apply to trailers: Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment, Safety Standard No. 115, Vehicle identification Number--Basic Requirements, and Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars. The content requirements for the vehicle identification number are found at 49 CFR Part 565. In addition, depending on the type of braking system used, trailers must meet Safety Standard No. 106, Brake Hoses, Safety Standard No. 116, Motor Vehicle Brake Fluids, and Safety Standard No. 121, Air Brake Systems. All of these standards are found in 49 CFR Part 571. In addition, as a manufacturer of motor vehicles, you would be required to submit identification information to this agency in accordance with 49 CFR Part 566, Manufacturer Identification. You would also be required to certify that each trailer complies with all applicable Federal safety standards. This certification procedure is set out in 49 CFR Part 567. You may find a copy of 49 CFR at a Federal Depository Library in your State. If you so choose, you may purchase a copy of Title 49 from the United States Government Printing Office (GPO), Washington, D.C. 20402, (202) 783-3238. With respect to laws governing trailer manufacture, the principal statute is the National Traffic and Motor Vehicle Safety Act. You may obtain a copy of this Act from GPO. You may wish to note especially 151 of the Act, which requires a manufacturer of a motor vehicle or motor vehicle equipment to conduct notice and recall campaigns if you or this agency find that your product has a safety-related defect. There may be State regulations that apply to trailer manufacture and use. In many states, a person cannot register a new vehicle unless he or she has a statement or certificate of origin. I understand that the Recreation Vehicle Industry Association will supply a small quantity of form statements or certificates upon request. You may contact that organization by writing them at 1896 Preston White Drive, Reston, VA 22090, or calling (800) 336-0154. You may wish to contact the local Department of Transportation or Motor Vehicle Administration in the states for which you have an interest for further information on state requirements. I hope you find this information helpful. Please do not hesitate to contact this office at (202) 366-2992 if you have specific questions. Sincerely, Paul Jackson Rice Chief Counsel";
ID: aiam4042 Open Mr. Wayne D. Buhler, Director of Engineering, Onspot, Inc., 1424 E. 800 N., Orem, UT 84057; Mr. Wayne D. Buhler Director of Engineering Onspot Inc. 1424 E. 800 N. Orem UT 84057; Dear Mr. Buhler: This responds to your letter requesting a review of your 'Onspot Safet Chain,' an automatic snowchain, for compliance with existing regulations. According to your letter, the current units are being installed both as original equipment and in the aftermarket on 1/2 ton and larger vehicles, although prototypes are being developed for passenger cars. The device is activated by pulling a dash mounted electrical switch which activates an electric solenoid valve, allowing air to pass from an air tank on the Onspot air chambers. For the future, you are considering using a push pull air switch mounted at the dash which would get air supply from the tank or manifold, thus eliminating the solenoid valve. On vehicles with air-mechanical brakes, air is generally used from the secondary air reservoir, or the primary reservoir if that is all that is available. On vehicles with hydraulic brakes, an auxiliary air system is provided. I regret the delay in responding to your letter.; By way of background information, the National Highway Traffic Safet Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable safety standards. The following represents our opinion based on the facts provided in your letter.; NHTSA does not have any regulations covering automatic snowchains However, it is possible that installation of the Onspot Safety Chain could affect a vehicle's compliance with other safety standards. We note in particular that since the device may be tied into a vehicle's air brake system, it could affect a vehicle's compliance with Federal Motor Vehicle Safety Standard No. 121, Air Brake Systems.; If your device is installed as original equipment on a new vehicle, th vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards. If the device is added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.; If the device is installed on a used vehicle by a business such as garage, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative the compliance of the vehicle with any safety standard. This is required by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act.; Enclosed is an information sheet which identifies relevant Federa statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. I note that the Vehicle Safety Act's provisions requiring manufacturers to notify purchasers of safety-related defects and to remedy such defects without charge apply regardless of whether an item of motor vehicle equipment is covered by a safety standard.; Sincerely, Erika Z. Jones, Chief Counsel
ID: aiam4098 Open Dawn B. Brown, Esq., Currier, Zall & Shepard, 207 Main Street, P. O. Box L, Nashua, New Hampshire 03061-2938; Dawn B. Brown Esq. Currier Zall & Shepard 207 Main Street P. O. Box L Nashua New Hampshire 03061-2938; Dear Ms. Brown: This responds to your January 2, 1987 letter asking a number o questions concerning certain aspects of automatic transmissions. You ask first if there is a Federal motor vehicle safety standard (FMVSS) relating to the permissibility of a transmissions design which allows a driver to remove the key from the ignition while the transmission is in drive. You state your belief that 'Standard 114, 49 CFR 571.113 is relevant,' and ask whether that standard ever has been interpreted for a purpose other than to prevent unauthorized use of a motor vehicle. (We assume that the citation of 571.113 instead of 571.114 was a typographical error.) You ask further if there are any Federal safety standards that address whether a vehicle should 'jump from park to drive when left in park.' Finally, you ask whether there are standards other than 114 'that govern these problems.'; As it currently is written, Standard 114 requires a manufacturer t install a key-locking system that prevents starting a vehicle engine and also prevents either, steering a vehicle or moving a vehicle forward under its own power whenever the key is removed. Thus, the standard does not directly require that the vehicle be in park before a driver can remove the ignition key.; In 1968, when Standard 114 was adopted, the stated purpose was t 'reduce the incidence of accidents resulting form unauthorized (motor vehicle) use.' 33 Federal Register 6471, April 27, 1968. The agency based this goal on evidence showing that: 'Cars operated by unauthorized persons are far more likely to cause unreasonable risk of accident, personal injury and death than those which are driven by authorized individuals.' (See the preceding citation.) Neither the Standard nor the language in the preamble to it states any other goal.; In 1980, this agency amended Standard 114 to prevent a driver fro inadvertently locking the steering wheel of a moving vehicle by removing the ignition key or shutting off the engine (45 Federal Register 85450, December 29, 1980). However, after receiving petitions for reconsideration and studying the question further, NHTSA decided that while this kind of inadvertent activation might be a safety problem in certain vehicles, the problem did not then warrant requiring additional steps to protect against inadvertent lock-up. Therefore, the agency rescinded the 1980 amendment. The agency stated that it would continue to monitor complaints on the subject, and initiate rulemaking should new data warrant it (46 Federal Register 32251, 32253, June 22, 1981).; Currently, the agency is re-evaluating whether data warrants amendin Standard 114 to improve key-locking systems by reducing the prospect of a driver s inadvertently locking the steering column while a motor vehicle is moving.; As to your question about the existence of a FMVSS which directl addresses the permissibility of a design which allows a car to jump from 'park' to 'drive' when a driver leaves the car in 'park,' the answer is there is no such standard. However, NHTSA has received a number of letters complaining of this phenomenon and, using its authority not only to issue FMVSS but also require the recall and remedy of vehicles and equipment with safety-related defects, has conducted investigations based on these complaints. A listing of the defects investigations can be obtained from: Technical Reference Division, NHTSA, Room 5108, 400 7th St., S.W., Washington, D.C. 20590.; I hope you find this information helpful. Sincerely, Erika Z. Jones, Chief Counsel
ID: aiam3782 Open The Honorable Tom Ridge, House of Representatives, Washington, D.C. 20515; The Honorable Tom Ridge House of Representatives Washington D.C. 20515; Dear Mr. Ridge: This responds to your letter of November 28, 1983, requestin information on behalf of your constituent, Mr. William H. Hull, Sr. Mr. Hull is concerned about the growing practice of persons installing darkly tinted film on passenger car windows. He believes that this is a dangerous practice because it prevents police officers from seeing inside the vehicles. You asked if we were considering the issuance of a regulation outlawing the use of such film and, if so, when such a regulation might be promulgated.; While our authority under the National Traffic and Motor Vehicle Safet Act (the Act) enables us to limit the practice of installing tinted film on vehicle windows, it does not permit us to issue a regulation prohibiting every individual from engaging in that practice. As explained below, while commercial establishments are prohibited from adding the film, we cannot prohibit a vehicle owner from doing so.; Pursuant to the the (sic) Act, we have promulgated Federal Moto Vehicle Safety Standard No. 205, Glazing Materials, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70 percent in areas requisite for driving visibility, which includes all windows in passenger cars) and abrasion resistance. This specification for light transmittance precludes darkly-tinted windows in new automobiles.; Tinting films such as the type referred to in Mr. Hull's letter are no glazing materials themselves, and would not have to comply with Standard No. 205. However, installation of such films on new motor vehicles would be prohibited if the vehicle glazing no longer complied with the light transmittance or abrasion requirements of the standard.; A vehicle manufacturer or a dealer may place the film on glazing in new vehicle prior to sale of the vehicle only if that manufacturer or dealer is able to certify that the glazing continues to be in compliance with the requirements of Standard No. 205. Purchasers of a new vehicle may alter the vehicle as they please, so long as they adhere to all State requirements.; However, vehicle owners may not go to a commercial establishment t have the film installed for them. Section 108(a)(2)(A) of the Act provides that no manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard. Thus, none of those persons may knowingly install a film on a vehicle for its owner if that act would render inoperative the light transmittance or abrasion resistance of the vehicle glazing. Whether this would be the case would have to be determined by the person making the installation. Violation of this section can result in Federal civil penalties up to $1,000 for each violation.; The individual States must govern the operational use of vehicles b their owners since the agency does not have authority in this area. Thus, it would be up to the States to preclude owners from applying films or one-way glass on their own vehicles. Mr. Hull may wish to contact the National Committee on Uniform Traffic Laws (555 Clark Street, Evanston, IL 6-2-4) to find out which States have laws that would preclude owners from placing tinting film on their automobile windows.; Sincerely, Diane K. Steed
ID: aiam4046 Open Mr. Rolf Seiferheld, Service & Technical, Bitter Automobile of America, Inc., 401 Willowbrook Lane, West Chester, PA 19380; Mr. Rolf Seiferheld Service & Technical Bitter Automobile of America Inc. 401 Willowbrook Lane West Chester PA 19380; Dear Mr. Seiferheld: This responds to your letter asking about 49 CFR Part 581, Bumpe Standard. We apologize for the delay in our response. You stated that you are considering integrating fog-taillight assemblies in the rear bumper of a car and asked about relevant requirements. You noted in your letter that section S4.1.3 of Federal Motor Vehicle Safety Standard No. 108 (49 CFR 571.108) states that '(n)o additional lamp, reflective device, or other motor vehicle equipment shall be installed that impairs the effectiveness of lighting equipment required by this standard.' You stated that this paragraph seems to be relevant but that it is unclear to you.; Both Part 581, Bumper Standard, and Safety Standard No. 108, Lamp Reflective Devices, and Associated Equipment, are relevant to the location of fog-taillamp assemblies in the rear bumper. Fog lamps are lighting devices that are not covered by Standard No. 108. Therefore two questions must be asked: are they permissible, and if so, may they be combined with items of lighting equipment required by Standard No. 108. Under section S4.1.3, quoted above, fog lamps are permissible provided that they do not impair the effectiveness of the lighting equipment that the standard requires. In this instance, the question cannot be answered without reference to whether its combination with the taillamp is permitted, for from the photo and drawing submitted, both appear combined in a single housing incorporating, we assume, one filament for each function. Both lamps are 'position lamps', indicating the present of the vehicle in the roadway ahead to a driver who is following behind. The fog lamp is intended to be activated under extreme conditions of reduced visibility, and hence, would appear to increase the effectiveness of the taillamp rather than impair it. Section S4.4 of Standard No. 108 prohibits combining taillamps only with clearance lamps (not required lighting equipment for passenger cars), and thus combining the taillamp and fog lamp functions are permissible. Section S4.3.1.1 of the standard specifies, among other things, that no part of the vehicle may prevent a taillamp from meeting its photometric output at specified test points. Further, a taillamp located in the bumper must also meet the visibility requirements of SAE Standard J585e Tail Lamps (Rear Position Lamps), September 1977, incorporated by reference in Standard No. 108. Pursuant to Paragraph 4 of J585e taillamps must be visible through a horizontal angle from 45 degrees to the left to 45 degrees to the right, to be considered visible, the lamp must provide an unobstructed projected illuminated area of outer lens surface (excluding reflex), not less than 2 square inches measured at 45 degrees to the longitudinal axis of the vehicle.; Finally, Part 581 Bumper Standard specifies requirements for th impact resistance of vehicles in low speed front and rear collisions. Vehicles must be capable of meeting certain damage criteria, following specified test impacts. Among other things, lamps must be free of cracks and comply with applicable visibility requirements of section S4.3.1.1 of Standard No. 108 following the impacts.; I hope this information is helpful. Sincerely, Erika Z. Jones, Chief Counsel
ID: aiam0212 Open Mr. Royal Leeman, Project Engineer, FWD Corporation, Clintonville, WI 54929; Mr. Royal Leeman Project Engineer FWD Corporation Clintonville WI 54929; >>>Re: Petition for Rulemaking<<< Dear Mr. Leeman: This is in reply to your letter of October 16, 1969, requesting a exception from Paragraph S3.1 of Federal Motor Vehicle Safety Standard No. 205 ('Glazing Materials - Passenger Cars, Multipurpose Passenger Vehicles, Motorcycles, Trucks and Buses'), to allow the use of Lexan and Plexiglas in certain specified locations in twenty-one (21) fire fighting vehicles to be delivered to the City of New York.; You state the purpose of your request is to provide better protectio for occupants of these fire fighting vehicles from objects thrown at them when, for example, the vehicles are enroute to a fire. Further, you state the use of these materials would eliminate replacing safety glass, which can be broken when hit by small objects. Because you are requesting a change in an existing standard your letter has been treated as a petition for rulemaking to amend Standard No. 205, pursuant to the provisions of 49 CFR SS 353.31, 353.33. For the reasons stated below, your petition is denied.; It is not completely clear from your letter and the enclosed drawin where the interior or canopy partitions in which you wish to use Lexan and Plexiglas are located. Standard No. 205 presently permits the use of rigid plastics in interior partitions of fire fighting vehicles if these materials meet the requirements for plastics designated AS4 and AS5 (the latter can only be used when not requisite for driving visibility) in American Standards Association Test Z26.1-1966, July 15, 1966. We understand that Plexiglas meets these requirements and may therefore be used in this location. We also understand, however, that Lexan does not, failing specifically to meet certain chemical and abrasion resistance requirements applicable to AS4 and AS5 rigid plastics under the Standard. If our understanding regarding Lexan is correct, we believe its failure to meet these minimum requirements renders it unsuitable for use in areas of motor vehicles where a possible loss of transparency may affect the safe operation of the vehicle.; With reference to glazing in side and door windows of fire fightin vehicles, Standard No. 205 allows the use of glazing specified AS1, AS2, and AS10 in ASA Test Z26.1-1966 and also allows the use of AS11 and AS3 glazing at levels not requisite for driving visibility. This glazing may be either laminated, tempered, or bullet resistant safety glass meeting the applicable requirements. Plastics meeting AS4 and AS5 requirements, while appropriate for certain locations such as partititions (sic), are not considered appropriate for use in side and door windows as they do not possess chemical and abrasion resistance qualities necessary for exterior glazing and which the types of safety glass specified above possess. The occupant protection which you desire can be provided by using AS10 (and AS11 where appropriate) bullet resistant glass which contains both structural advantages over normally used safety glazing and satisfactory chemical and abrasion resistance for use in side and door windows.; Sincerely, F. C. Turner, Federal Highway Administrator

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