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: aiam5409OpenJames H. Shuff, President Freedom Trailers P.O. Box 31, Brownfield Road Eaton, NH 03832; James H. Shuff President Freedom Trailers P.O. Box 31 Brownfield Road Eaton NH 03832; "Dear Mr. Shuff: This responds to your letter asking whether tires an wheel rims used with your 'park model travel trailers' are subject to Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims for motor vehicles other than passenger cars. As explained below, the answer is no, because your travel trailers are not motor vehicles. Your letter provided the following information about your 'trailers.' The trailers are intended for recreational use, rather than for year round living. Each unit is a maximum of 400 sq. ft., and may be as wide as 12 feet. You state that after your trailers are constructed, they 'will be towed to their campsite and set up,' where they may be used for 'winter camping in the year round parks.' Once your trailers are set up, you would reuse the tires and rims. By way of background, 49 U.S.C. 30101 et seq. authorizes NHTSA to regulate new motor vehicles and motor vehicle equipment, including tires and rims. Standard No. 120, and all of our safety standards, apply only to vehicles that are 'motor vehicles,' within the meaning of the statute. The term 'motor vehicle' is defined at 49 U.S.C. 30102(a)(6) as: 'motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. We have determined that your 'trailers' are not motor vehicles based on two examinations. First, while the characteristics of your trailers are not entirely clear in your letter (our repeated attempts to reach you by telephone have been unsuccessful), it appears that your trailers could be considered 'mobile homes.' Mobile homes are regulated by the U.S. Department of Housing and Urban Development (HUD), and are not 'motor vehicles' subject to regulation by NHTSA. Accordingly, tire and rim selection for mobile homes is not subject to Standard No. 120 or any other NHTSA regulation. For information about mobile homes, you can contact the Assistant Secretary for Housing-Federal Housing Commissioner, U.S. Department of Housing and Urban Development, 451 7th St., SW, Washington, DC 20410. Second, even if your 'trailer' is not a mobile home, it does not meet the Safety Act definition of a 'motor vehicle.' We have interpreted the definition as follows. Vehicles designed and sold solely for off-road use are not considered motor vehicles, even though they may be operationally capable of highway travel. Vehicles, such as mobile construction equipment, that use the public roads only to travel between job sites and which typically spend extended periods of time at a single job site, are not considered motor vehicles. In such cases, the use of the public roads is incidental, not the primary purpose for which the vehicle was manufactured. On the other hand, if a vehicle is readily usable on the public roads and is in fact used on the public roads by a substantial number of owners, NHTSA has found the vehicle to be a motor vehicle. This finding was made with respect to dune buggies and regardless of the manufacturer's stated intent regarding the terrain on which the vehicles were to be operated. Based on your description, it appears that, analogous to mobile construction equipment, the on-road use of your travel trailers appears to be incidental and not the primary purpose for which they are manufactured. Therefore, your trailers are not subject to Standard No. 120's requirements for tire selection and rims. Please note that this conclusion is based solely on the facts presented in your letter. We may reexamine this conclusion if additional information becomes available that would warrant a reexamination. I hope that this information is helpful. If you have any questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam0444OpenMr. Elmore J. Baruth, Bostrom Division of UOP, Director Plastics R/D, 133 West Oregon Street, Milwaukee, WI, 53201; Mr. Elmore J. Baruth Bostrom Division of UOP Director Plastics R/D 133 West Oregon Street Milwaukee WI 53201; Dear Mr. Baruth: This is in reply to your letter of August 30, 1971, to Michael Pesko of my staff, concerning Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials'. Your letter asks several questions concerning the applicability of the standard to vehicle seats you manufacture. These questions are dealt with individually below.; You first ask whether Standard No. 302 applies to open air tractors earthmoving equipment, or rapid transit seating, or only to ground transportation wherein the people are enclosed by a cab or housing. As stated in paragraph S3. of the standard, it applies to passenger cars, multipurpose passenger vehicles, trucks, and buses. These terms are defined at 49 CFR S571.3, and a copy of this section is enclosed for your information. The vehicles you mention, *i*.*e*., open air tractors, earthmoving equipment, and rapid transit vehicles are generally not vehicles of these types, but if you wish an opinion as to a particular vehicle, you must submit additional information concerning it to us. The criteria you establish, however, 'ground transportation wherein the people are enclosed by a cab or housing' is not an accurate reflection of the specific vehicle types involved, and should not be used as a guideline.; You state that you understand that 'all covering materials, foams thread, welting, etc. used in the construction of a seat is covered', and you are essentially correct, and proceed to ask several questions based on brochures of your product that you forwarded to us. These questions are answered below.; >>>1. *Adhesives*. Adhesives should be tested as part of adjacen materials whenever possible. Both the standard as issued and the notice of proposed rulemaking published May 26, 1971 (36 F.R. 9565) provide for the testing of composite materials, and adhesives joining materials that are to be tested as composites should be tested as part of the composites.; 2. *Seat composite*. Under the present standard, seat composit components that are welded together only at certain points should be treated as composites at the point of weld, and as separate materials between welds, if they are not otherwise uniformly attached to each other at those points. Under the notice of proposed rulemaking of May 26, 1971, however, this configuration would be considered as comprised only of separate materials.; 3, 4, 5. *Bearings, plastic parts and rubber parts, and shoc absorbers*. Components that comprise the seat track or suspension need not meet the standard's burn- rate requirements. Components that are included, however, that are smaller than the sample size specified in S5.2.1 may be tested using the heat-resistant wires specified in S5.1.3.; 6. *Permalator ties*. You describe 'permalator ties' as small diamete wires spaced parallel at about one inch increments, and tied together with hard twisted paper twine that are encapsulated within the foam. As both the wires and the paper twine are incorporated into the foam they must be tested if the particular foam is included within the portions of components set forth in S4.2. Furthermore, they should be tested as part of the foam.; 7. *Paint and decals*. Paint and decals on steel parts that would no be included under S4.1 need not meet the requirements of the standard. Paint and decals on steel parts that are within S4.1 should be tested as part of the steel parts.; 8. *Chassis lubricant*. Seat chassis lubricant is not within th standard's requirements.; 9. *Welting with and without paper core*. Welting with and withou paper core should be tested as part of the material to which it is attached whether it is either, as you mention, extruded vinyl or generated from the parent material. If necessary, it may be tested using the heat-resistant wires specified in S5.1.3.; 10. *Plywood*. Plywood used in seats in seat backs should be teste similarly to other materials used in the same locations.<<<; We are pleased to be of assistance. Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam4401OpenChristine Cottle, Office Administrator, Classic Auto Accessories, 1029 Sixth Avenue South, Seattle, WA 98134; Christine Cottle Office Administrator Classic Auto Accessories 1029 Sixth Avenue South Seattle WA 98134; Dear Ms. Cottle: This letter responds to your inquiry of June 30, 1987, where you as for information 'regarding any federal regulation that may apply to or restrict the use of items which might be suspended from the centered rear view mirror in an automobile or truck.' In your letter, you refer specifically to 'decorations' such as hanging dice and air fresheners, and express your company's wish 'to avoid liability for any obstruction of vision which might occur as the result of the use of such items.' Your letter does not say whether you manufacture the kinds of products you list, or install these kinds of products in motor vehicles.; First, please be aware that the National Highway Traffic Safet Administration (NHTSA) has authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA does not approve 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.; A product would fall under our agency's jurisdiction if it is an ite of 'motor vehicle equipment' as that term is defined in S102(4) of the National Traffic and Motor Vehicle Safety Act. Section 102(4) defines 'motor vehicle equipment' in relevant part as follows:; >>>...any system, part, or component of a motor vehicle as originall manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component, or as any *accessory*, or addition to the motor vehicle...(Emphasis added.)<<<; In determining whether an item of equipment is an 'accessory,' th agency assesses two factors: first, whether the item has no ostensible purpose other than use with a motor vehicle, and second, whether the item is intended to be used principally by ordinary users of motor vehicles. The kinds of products you list do not fall within this framework, and therefore NHTSA does not regard them as items of motor vehicle equipment subject to our regulation.; There is one section of the Safety Act that I would call to you attention. Among other things, S108(a)(2)(A) of the Act states that:; >>>No manufacturer, distributor, dealer or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard...<<<; If your company is among the persons or performs the kinds o operations in S108(a)(2)(A), then it may not remove, disconnect, or degrade the performance of safety equipment or designs installed in compliance with an applicable Federal safety standard. For example, you could not install any item in a motor vehicle that would render inoperative Standard 111 (Rearview Mirrors) 'field-of-view' specifications. (I enclose a copy of that Standard.); However, S108(a)(2)(A) does not apply to vehicle owners. Therefore owners may install items in their own cars, even if doing so involves removal, disconnection or degradation of safety equipment or designs, without violating S108(a)(2)(A). Further, neither the manufacture of such items nor their sale to vehicle owners violates that prohibition.; Please note that a violation of S108 or of any regulation issued unde it is punishable by a civil fine of up to $1000 for a related series of violations.; Finally, you may wish to consult the laws of the various States t determine whether there are any limitations in their laws on the hanging of objects from inside rearview mirrors.; I hope you find this information helpful. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam4456OpenMr. J.V. McFadden President MTD Products Inc. P.O. Box 36900 Cleveland, Ohio 44136; Mr. J.V. McFadden President MTD Products Inc. P.O. Box 36900 Cleveland Ohio 44136; Dear Mr. McFadden: This responds to your letter concerning th applicability of Federal or State requirements to a hydraulic logsplitter mounted on a frame carriage equipped with highway high speed wheels and a trailer towing hitch. While we can not answer your question concerning applicable State requirements, we provide the following information on the applicability of Federal motor vehicle safety standards. By way of background information, our agency is authorized, under the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.), to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse commercial products. Instead, the Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is required to certify that its products meet all applicable safety standards. The Vehicle Safety Act prohibits the manufacture or sale of a noncomplying product unless, despite the exercise of due care, the manufacturer doesn't have reason to know that the noncompliance exists. Any vehicle that falls within the statutory definition of the term 'motor vehicle' must comply with all applicable safety standards. Section 102(3) of the Vehicle Safety Act (15 U.S.C. 1391(3)) defines a 'motor vehicle' as any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails. We have interpreted this language as follows. The definition does not include equipment which uses the highways only to move between job sites and which typically spends extended periods of time at a single job site. In this case, the on-highway use of the vehicle is merely incidental, and is not the primary purpose for which the vehicle was manufactured. On the other hand, when a vehicle frequently uses the highway going to and from job sites, and stays at the job site for only a limited time, it is the agency's position that the vehicle in question is a 'motor vehicle' in the statutory sense, since the on-highway use is more than 'incidental'. Notwithstanding the foregoing, a vehicle is not classified as a motor vehicle if it is of such an unusual configuration that it is easily distinguished from normal traffic and it has a top speed of not more than 20 miles per hour. A determination of whether or not a vehicle falls within the definition of motor vehicle is based upon a consideration of all of the above factors. Given the information that you have provided us, it appears that the hydraulic log-splitter is a motor vehicle. From the picture in the brochure, it is clear that the vehicle has an unusual configuration. This alone, however, is not adequate to prevent a determination that the vehicle is a motor vehicle within the meaning of the statute. More important is the fact that the vehicle may make frequent use of the highway, staying at one particular job site a limited amount of time. The provision of highway speed tires indicates the manufacturer's intention to produce a vehicle which is suitable for driving at highway speeds. Because the tow-behind logsplitter is equipped with a trailer tow hitch, we would consider the vehicle a trailer, defined in the agency's regulations as: a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle. (See 49 CFR 571.3.) The safety standards which apply to all trailers are Standard No. 108, Lamps, reflective devices, and associated equipment, Standard No. 120, Tire selection and rims for motor vehicles other than passenger cars, and Standard No. 115, Vehicle Identification Number--Basic Requirements. The content requirements for the vehicle identification number are found at Part 565. In addition, if the trailer is equipped with brakes, it must meet Standard No. l06, Brake hoses, Standard No. 116, Motor vehicle brake fluids, and applicable requirements of Standard No. 121, Air brake systems. All of these standards are found in 49 CFR Part 571. We regret the delay in responding to your request. If you have further questions on this matter, please contact us. Sincerely, Erika Z. Jones Chief Counsel; |
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ID: aiam5303OpenMr. John M. Tolliday President Dayman USA Inc. P.O. Box 824 Bedford, VA 24523; Mr. John M. Tolliday President Dayman USA Inc. P.O. Box 824 Bedford VA 24523; "Dear Mr. Tolliday: We have received your letter of September 2, 1993 with respect to your wish to import 'British Army Ferret Armored Cars'. The armaments have been removed. You would be selling these vehicles 'on the basis they would only be used for off road purposes.' You ask whether the vehicles would be exempt from the Federal motor vehicle safety standards. You have enclosed two photos of the machine. For purposes of compliance with the Federal motor vehicle safety standards, a 'motor vehicle' is a vehicle that has been manufactured primarily for use on the public roads. Given the configuration and original military character of the Ferret, we believe that its manufacturer intended that its use of the public roads would be incidental and not primary. Therefore, we have concluded that the Ferret was not a 'motor vehicle' at the time of its manufacture. The question arises whether removal of the Ferret's armament and its importation for civilian use cause it to become a 'motor vehicle' for purposes of our regulations. At first blush, it would appear that the status of a vehicle is permanently determined at the time of its manufacture. This is true with respect to vehicles manufactured and operated exclusively in the United States no matter what modifications are subsequently made. The general provisions of the National Traffic and Motor Vehicle Safety Act do not apply once a domestic vehicle has been sold. As a hypothetical example, the agency does not consider an all-terrain vehicle to have been manufactured primarily for use on the public roads, hence it is not a 'motor vehicle'. Were an owner to modify it so that it could be licensed for use, the original intent of the manufacturer would have been superseded by that of the modifier, but the Act does not impose any obligation upon the modifier to conform the all-terrain vehicle to any Federal safety standards that might apply to its type. The situation differs with respect to imported vehicles. The status of a vehicle is judged as of the time of entry. Returning to our all-terrain vehicle hypothetical, if the vehicle has been modified before it enters the United States so that its primary use will be on the public roads, we would regard it as a 'motor vehicle' subject to compliance with all applicable Federal motor vehicle safety standards. With respect to the Ferret, we believe that more than removal of its armament is required to cause it to become a 'motor vehicle'. The issue of armament is essentially irrelevant to its character as an off-road or on-road vehicle. The Ferret remains an armored vehicle of limited visibility and of no apparent greater utility for on-road civilian purposes such as transportation of passengers and cargo than it possessed before removal of the armament. It retains the same high ground clearance as it has always possessed, supporting your statement that it will be sold for use on the public roads. We therefore conclude that, as modified, the Ferret will not be a 'motor vehicle' subject to our regulations, and that they may be imported without the necessity of conforming them to the Federal standards. Those military vehicles that are manufactured primarily for on-road use are 'motor vehicles'. However, in recognition of the fact that conformance with the Federal safety standards might compromise their ability to fulfill their military mission, the agency has exempted from compliance those motor vehicles that have been manufactured for the armed forces of the United States in accordance with contractual specifications. This exclusion does not apply to foreign military vehicles. Thus, for example, were you seeking to import for resale in the United States trucks of the British Army, they would have to be brought into conformance with applicable truck standards. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam2432OpenMr. Robert H. Gaines, 210 East 73rd Street, New York, New York 10021; Mr. Robert H. Gaines 210 East 73rd Street New York New York 10021; Dear Mr. Gaines: This is in response to your letter of August 3, 1976, requestin information concerning National Highway Traffic Safety Administration (NHTSA) regulation of motor-driven cycles (moped) and in amplification of the telephone conversation between you and Mr. Schwartz of this office. We are sorry for the delay in our response, but your letter was misdirected.; The NHTSA has authority to regulate mopeds under two statutes. th National Traffic and Motor Vehicle safety Act (15 U.S.C. 11381, et seq.) authorizes the NHTSA to establish Federal motor vehicle safety standards that apply to motor vehicles. Section 102(5) (15 U.S.C. 1391(5)) of the Act defines a 'manufacturer' of a motor vehicle to include 'any person importing motor vehicles or motor vehicle equipment for resale.' In those instances where the foreign manufacturer itself has not complied, the importer would therefore be responsible for the compliance of the vehicle with Federal motor vehicle safety standards, and with the requirements imposed on manufacturers.; The principal standards and regulations applying to the manufacture an sale of motorcycles, of which the motor-driven cycle is a subcategory, can be found in the following sections of the Code of Federal Regulations:; >>>49 CFR Part 551 - Procedural Rules 49 CFR Part 566 - Manufacturer Identification 49 CFR Part 567 - Certification 49 CFR 571.106 - Standard No. 106-74, Brake hoses 49 CFR 571.108 - Standard No. 108, Lamps, reflective devices, an associated equipment; 49 CFR 571.112 - Standard No. 112, Headlamp concealment devices 49 CFR 571.116 - Standard No. 116, Motor vehicle brake fluids 49 CFR 119 - Standard No. 119, New Pneumatic tires for vehicles othe than passenger cars; 49 CFR 571.122 - Standard No. 122, Motorcycle brake systems 49 CFR 571.123 - Standard No. 123, Motorcycle controls and displays 49 CFR 571.205 - Standard No. 205, Glazing materials 49 CFR Part 573 - Defective Reports 49 CFR Part 574 - Tire Identification and Record Keeping 49 CFR Part 575 - Consumer Information Regulation 49 CFR Part 576 - Record Retention 49 CFR Part 577 - Defect Notification<<< Generally, a moped must meet requirements which apply to motorcycle except when a provision of a standard sets forth a lesser requirement for motor-driven cycles. Currently, these lesser requirements are found in Federal Motor Vehicles Safety Standard Nos. 108, 122, and 123 (49 CFR 571.108, 571.122, and 571.123).; The NHTSA also has the authority to regulate the operation of moped under the provision of the Highway Safety Act (23 U.S.C. 401, et seq.). This legislation provides that each State shall have a highway Safety program designed to reduce traffic accidents and deaths, injuries, and property damage resulting therefrom. Each State program shall be in accordance with uniform standards promulgated by the NHTSA. The NHTSA has not yet used its authority to issue standards regulating moped licensing, inspection, insurance, or other highway safety program areas related to moped operation and use. Many States, however, have established their own requirements.; The NHTSA on November 28, 1975, published a notice in the *Federa Register* requesting comments from the public concerning the safety aspects of motorized bicycles. We are currently reviewing the comments which have been submitted, but have reached no decision to initiate rulemaking or to issue a directive to regulate mopeds in the highway safety program area. No hearings have been held relative to mopeds, but the written comments to the docket are available at a cost of 25 cents for the first page and 5 cents for each page thereafter. Information may be obtained by writing to:; >>>Docket Section National Highway Traffic Safety Administration Room 5108 400 Seventh Street, SW Washington, D.C. 20590<<< and referring to Docket Number 75-29. I trust this information is helpful. Should you have further questions please do not hesitate to contact me.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam4933OpenMr. Joe S. Brito Preferred Custom Concepts, Inc. 4107 Kaufman County Road P.O. Box 0069 Crandall, TX 75114; Mr. Joe S. Brito Preferred Custom Concepts Inc. 4107 Kaufman County Road P.O. Box 0069 Crandall TX 75114; "Dear Mr. Brito: This responds to your letter asking about recen changes in this agency's safety standards as they apply to conversion vans. You stated that, 'The recent changes that have occurred in the truck and van conversion industry regarding seats and seat belt restraints have also sparked rumors that this new law will also regulate the use of wood in the interior of a converted vehicle.' You asked if in fact there is some new NHTSA regulation of 'the use of wood in the interior of a converted vehicle.' I am pleased to have this opportunity to explain our regulations to you. The National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act) to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA has exercised this authority to issue Standard No. 208, Occupant Crash Protection. As of September 1, 1991, Standard No. 208 requires, among other things, 'dynamic testing' of manual lap/shoulder safety belts installed at front outboard seating positions of multipurpose passenger vehicles and trucks with a GVWR of 8,500 pounds or less. 'Dynamic testing' means that, after fastening the safety belts around a test dummy, a test dummy occupying a seating position must comply with specified injury criteria in a 30 miles per hour barrier crash test. The specified injury criteria are the head injury criteria (HIC), chest acceleration and deflection, and femur loading. For your information, I have enclosed a copy of our November 23, 1987, final rule adopting the dynamic testing requirements for light trucks. Nothing in the dynamic testing requirements of Standard No. 208 explicitly prohibits the installation of wood in the interior of conversion vans. Indeed, some 1992 luxury passenger cars, which are also subject to crash testing, have wood installed in the vehicle interior. However, wood is a relatively hard surface in a vehicle interior, especially when compared with the padded dashboard, steering wheel, seats, and other components the head may contact in a crash. It would be very difficult for a vehicle to satisfy the injury criteria during dynamic testing if wood were installed in an area contacted by the dummy head during the crash test. Thus, the dynamic testing requirements for conversion vans may effectively limit the interior areas where wood can safely be installed. In addition, van converters are generally small entities that would not have the resources needed to independently certify that their conversion vans comply with the dynamic testing requirements. The simplest way for these van converters to certify compliance with the dynamic testing requirements is to convert the vans in accordance with the specifications provided by the original manufacturer of the van (e.g., Chrysler, Ford, or General Motors). Because of the difficulties in complying with the dynamic testing requirements if wood were installed in an area contacted by the dummy head during the crash test, the original manufacturers of vans may have advised converters in the van specifications not to add wood in the interior areas of the vans. You may wish to contact van converters or original manufacturers to learn if this is the case. Another safety standard that might limit the interior areas where wood can be installed is Standard No. 201, Occupant Protection in Interior Impact. Standard No. 201 specifies performance requirements for certain areas of the vehicle interior compartment, including portions of the instrument panel. Again, while Standard No. 201 does not explicitly prohibit the use of wood, it may be difficult to comply with the requirements of this standard if wood is added to areas subject to Standard No. 201's performance requirements. I have enclosed a current copy of Standard No. 201 for your information. I hope this information is helpful. If you have any more questions about this issue, feel free to contact Mary Versailles at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosures"; |
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ID: aiam4438OpenMr. Edgar G. Meyer Bureau of Economic Analysis Florida Department of Commerce 407 Fletcher Building Tallahassee, FL 32399-2000; Mr. Edgar G. Meyer Bureau of Economic Analysis Florida Department of Commerce 407 Fletcher Building Tallahassee FL 32399-2000; Dear Mr. Meyer: This responds to your November 24, l987 letter askin about the applicability of Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials, to the manufacture of automobile seat cushions and seat backs. Specifically, you asked whether it would be permissible if the fabric (i.e., felt) from which the seat cushions and seat backs would be manufactured were made from 'old clothes and rags.' Standard No. 302 neither specifies nor prohibits any particular type of raw material used to manufacture seat backs and seat cushions. The felt must meet the flammability requirements of the standard if it is used for cushions and seat backs for new motor vehicles. Also, felt used to manufacture seat cushions and seat backs for new and used motor vehicles must contain no safety related defects. The National Traffic and Motor Vehicle Safety Act and NHTSA regulations require manufacturers of new motor vehicles to certify that their vehicles comply with all applicable Federal motor vehicle safety standards, including Standard No. 302. Standard No. 302 specifies burn resistance requirements for materials used to manufacture seat cushions and seat backs on new passenger cars, multipurpose passenger vehicles, trucks and buses. Thus, any person manufacturing a new vehicle with seat backs and seat cushions made from the felt material you described must ensure that the seat backs and cushions possess the burn resistance characteristics required by Standard No. 302. If the felt can meet those requirements, it may be used in new motor vehicles in satisfaction of Standard No. 302, regardless of the felt's raw materials. The felt manufacturer should also be aware that the Vehicle Safety Act requires all vehicle and equipment manufacturers to ensure that their products contain no defects relating to motor vehicle safety. If it were determined by the manufacturer or this agency that the seat cushions and seat backs had a safety related defect, all purchasers of the vehicle containing the defective equipment would have to be notified and the defective item repaired or replaced without charge. If the felt material is used to manufacture items of motor vehicle equipment that are sold to vehicle owners for use in used vehicles (i.e., vehicles previously purchased in good faith for purposes other than resale), the felt need not meet Standard No. 302. In general, it would not violate Standard No. 302 to add aftermarket seat cushions to used vehicles, even if the addition of the seat cushions caused the vehicles to no longer comply with the standard. This general rule is, however, limited by the application of the provisions of section 108(a)(2)(A) of the Safety Act. That section specifies: '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 or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...' The flammability resistance of the original vehicle is an element of design installed in a motor vehicle in compliance with Standard No. 302. Thus, any person in the aforementioned categories that installed a seat cushion which did not comply with the flammability resistance requirements of Standard No. 302 would be rendering inoperative that element of design, and thereby violating a section 108(a)(2)(A). Section 109 of the Act specifies a civil penalty of up to $l,000 for each violation of section 108. Again, the manufacturer of the aftermarket seat cushions would be obligated to recall and remedy cushions that are determined to contain a safety related defect, even if the cushions were installed by the vehicle owners themselves. You asked about other Federal laws that might have a bearing on the manufacture of the felt material. You might wish to contact the Occupational Safety and Health Administration at (202) 523-8148 and the Environmental Protection Agency at (202) 475-8040 for information about the applicability of any of their statutes and regulations. Sincerely, Erika Z. Jones Chief Counsel; |
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ID: aiam4750OpenMr. John W. Garringer 158 E. Center Street Shavertown, Pennsylvania 18708; Mr. John W. Garringer 158 E. Center Street Shavertown Pennsylvania 18708; "Dear Mr. Garringer: This responds to your letter asking whethe Federal law permits the installation of tinted plastic film on the bottom of motor vehicle windshields. The purpose of this film would be to reduce glare for the driver and any front seat passengers. I am pleased to have this opportunity to explain how our laws and regulations apply to such a product. Our agency is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the Safety Act) to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve or certify any vehicles or items of equipment, nor do we endorse any commercial products or processes. Instead, the Safety Act specifies that each manufacturer itself must certify that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards, and also investigates alleged defects related to motor vehicle safety and alleged violations of other statutory provisions. Pursuant to this authority, NHTSA has issued Standard No. 205, Glazing Materials (49 CFR 571.205), which sets forth performance requirements for windows and other glazing items installed in motor vehicles. Among the requirements set forth in Standard No. 205 are specifications for minimum levels of light transmittance. A minimum of 70 percent light transmittance is required in glazing areas requisite for driving visibility, which includes all windows in passenger cars. In trucks and buses, the windshield and windows to the immediate right and left of the driver and the rearmost window, if the latter is used for driving visibility, are considered to be requisite for driving visibility, and therefore subject to the 70 percent minimum light transmittance requirement. Your letter did not provide any information on the light transmittance that would be measured through glazing with your Hood Glare product installed on it. The combination of the glazing material and your tinting film must allow at least 70 percent light transmittance to comply with the requirements of Standard No. 205. No manufacturer or dealer would be permitted to install your tinting film on the glazing materials on new vehicles, unless the manufacturer or dealer certifies that the vehicle continues to comply with the 70 percent minimum light transmittance and other requirements of Standard No. 205. After a vehicle is first sold to a consumer, modifications to the vehicle are affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, dealer, distributor, or repair business from 'rendering inoperative' any device or element of design installed in a vehicle in compliance with any safety standard. This provision of the law means that no manufacturer, dealer, distributor, or repair business could install tinting film if the addition of the tinting film to the glazing would result in a light transmittance of less than 70 percent, or otherwise cause the vehicle to no longer comply with the applicable requirements of Standard 205. Violations of this 'render inoperative' prohibition can result in Federal civil penalties to the manufacturer, dealer, distributor, or repair business of up to $1000 for each noncomplying installation. Section 108(a)(2)(A) of the Safety Act does not affect vehicle owners. Hence, vehicle owners themselves may install tinting film or any other product on the glazing of their vehicle, regardless of whether the installation causes the vehicle to no longer comply with Standard No. 205. Individual States have the authority to regulate the operational use of vehicles by their owners, and, therefore, have the authority to regulate or preclude individual owner modifications to the glazing of their vehicles. I have enclosed an information sheet that summarizes the relationship between Federal auto safety laws and motor vehicle window tinting. I hope this information is helpful. If you have any further questions or need any additional information about this topic, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam3098OpenMr. Dietmar K. Haenchen, Administrator, Vehicle Regulations, Volkswagen of America, Inc., 7111 E. Eleven Mile Road, Warren, Michigan 48090; Mr. Dietmar K. Haenchen Administrator Vehicle Regulations Volkswagen of America Inc. 7111 E. Eleven Mile Road Warren Michigan 48090; Dear Mr. Haenchen: This is in response to your letter of September 25, 1979, requesting a interpretation of the term 'restraint system type' as contained in Table I of S4.5.2 of Federal Motor Vehicle Safety Standard No. 115. In addition, this is in confirmation of Volkswagen's statement of the conclusions reached in the meeting with Messrs. Carson, Parker and Schwartz of the National Highway Traffic Safety Administration.; The agency has carefully considered your request that 'restraint syste type' not be interpreted to require a distinction between active and passive belt systems. The agency must deny your request. As the introduction of mandatory passive restraints approaches, information concerning restraint system type is of exceptional importance to the agency. It is important not only to evaluate the overall effectiveness of the various types of passive restraint system types. Consequently, it is necessary that passive belt systems be differentiated from other restraint systems types by decoding the vehicle identification number (VIN).; The agency has also considered the alternative Volkswagen suggeste which is to submit this information separately to the agency on a magnetic tape. Motor vehicle safety research is carried out by many organizations aside from the NHTSA, however, and Standard No. 115 is intended to make information available to these other researchers as well. Consequently, the agency can not accept the alternative you suggest.; As regards the other questions raised in the meeting with NHTSA staff this is to confirm that paragraphs 2 through 4 of our November 20, 1978, letter remain the position of the agency despite the changes in Standard No. 115 since that time. A copy of that letter is enclosed. Likewise, the agency can confirm that the World Manufacturer Identifiers assigned to Volkswagen by the Society of Automotive engineers fulfill the requirements of S6.1 of Standard No. 115.; As requested, the agency has reviewed the VIN format Volkswagen intend to utilize (attachments 2-4 of this letter) and has determined that it meets the requirements of the standard. As explained at the meeting, specific details concerning an engine need not be encoded so long as the information is available from the manufacturer and different engine types can be differentiated by means of the VIN (S4.5.2).; Volkswagen also pointed out to the agency at the meeting that the firs eight characters of the VIN for a particular model might remain the same for several model years, although the characteristics of the vehicle which they codify might change from model year to model year. For example, a 1981 Dasher might have a different engine that a 1982 Dasher, yet that part od the VIN which contained this information would remain the same. This is authorized by Standard No. 115, so long as the correct information for each model year is submitted to the agency. Volkswagen also asked at the meeting what the correct procedure would be for submitting information to the agency concerning vehicles whose line is not subdivided into several series. In this instance, indicate that the line and series are the same. However, even if the series is not divided into more than one body type, this body type must be reported to the agency (S4.5.2). The engine displacement may be indicated in cubic centimeters, and the horsepower in H.P. SAE net (S3). If only one engine make is used, this information must be submitted to the agency, but need not be directly reflected in the VIN (S6.3).; Volkswagen has also asked when information concerning vehicles importe into the United States must be submitted to the agency. Manufacturers of imported vehicles are required to report VIN codes 60 days before the vehicles are imported into the United States to comply with S6.2.; The agency is considering the petitions of a number of manufacturers t establish engine horsepower groupings for reporting purposes and to establish a flexible effective date for vehicles whose model year begins between September 1, 1980 and December 31, 1980. We expect to respond shortly to the petitions.; Sincerely, Frank Berndt, Chief Counsel |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.