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: aiam1613OpenMr. William P. Stallsmith, Jr., Senior General Attorney, Southern Railway System, P. O. Box 1808, Washington, DC, 20013; Mr. William P. Stallsmith Jr. Senior General Attorney Southern Railway System P. O. Box 1808 Washington DC 20013; Dear Mr. Stallsmith: This responds to your September 24, 1974, question whether Standard No 121, *Air brake systems*, would apply to trailers manufactured prior to January 1, 1975, although the painting of the trailers and their delivery to Southern had not been completed.; Section 108(a)(1) of the National Traffic and Motor Vehicle Safety Ac of 1966 provides:; >>>(a) No person shall -- (1) manufacture for sale, sell . . . any motor vehicle . . manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this subchapter unless it is in conformity with such standard . . .<<<; We consider a vehicle to be 'manufactured' for purposes of the Ac where the vehicle has been completed in all respects except for the addition of readily attachable components or minor finishing operations such as painting undertaken at a later date. A discussion of this point appears in the preamble to a recent Standard No. 121 rulemaking action (39 FR 17564, May 17, 1974). As for possession of the trailers by Southern, delivery of the vehicle is not considered a (sic) element of the manufacturing process.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam0901OpenMrs. Katherine C. Little, Edgewood Motorcycle Shop, 1711 Pulaski Highway, Edgewood, MD 21040; Mrs. Katherine C. Little Edgewood Motorcycle Shop 1711 Pulaski Highway Edgewood MD 21040; Dear Mrs. Little: This is in reply to your letters of October 10 and 25, 1972, askin whether motorcycle tires designed exclusively for hill climbing or other off-highway use are required to be registered in accordance with NHTSA Tire Identification and Recordkeeping regulations (49 CFR Part 574).; We do not consider the regulations to require such tires to b registered. The NHTSA has determined that motor vehicle tires designed and manufactured exclusively for off-road use are not subject to the Tire Identification requirements.; Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam4041OpenMr. Hiroshi Moriyoshi, Executive Vice-President and General Manager, Mazda (North America), Inc., Detroit Office, 24402 Sinacola Court, Farmington Hills, Michigan 48018; Mr. Hiroshi Moriyoshi Executive Vice-President and General Manager Mazda (North America) Inc. Detroit Office 24402 Sinacola Court Farmington Hills Michigan 48018; Dear Mr. Moriyoshi: This responds to your letter requesting an interpretation of Federa Motor Vehicle Safety Standards No. 101, *Controls and Displays*, and NO. 102, *Transmissions Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect*. You asked about the identification and visibility requirements of these standards for the gear position indicator of an automatic transmission. As part of a design you are considering producing, a gear position indicator, using light- emitting diodes (LED's), would be located within the instrument panel. Your letter states that this system would conform with all applicable requirements when the ignition switch is in the on and start positions, but would not be visible when the ignition switch was in the accessory or off positions. Your letter states further that, in addition to this LED display, the steering- column-mounted gear shift selector would be provided with embossed position indicators conforming to Standard No. 102, except that the identifiers would only be visible from the inboard side of the steering column and thereby require the driver to lean forward and to the right for visual confirmation of the automatic gear position. The issues raised by your letter with respect to whether the design you are considering would comply with Standard No. 101 and No. 102 are addressed below.; By way of background information, the National Highway Traffic Safet Administration (NHTSA) does not provide approvals of motor vehicle 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 standards. the following represents our opinion based on the facts provided in your letter.; I will begin by identifying the requirements of Standards No. 101 an No. 102 that are relevant to your request. Section S3.2 of Standard No. 102 states that the '(i)dentification of shift lever positions of automatic transmissions and of the shift lever pattern of manual transmissions . . . shall be *permanently displayed in view of the driver*.' (Emphasis added.); Standard No. 101 specifies requirements for the location identification and illumination of automatic gear position displays. Section S5.1 requires that gear position displays must be visible to the driver under the conditions of section S6. Section S6 provides that the driver is restrained by the crash protection equipment installed in accordance with Standard No. 208, *Occupant Crash Protection*, adjusted in accordance with the manufacturer's instructions. Section S5.3.1 and Table 2 of the standard together require that automatic gear position displays be illuminated whenever the ignition switch and/or the headlamps are activated. The entry in Table 2 concerning the automatic gear position display reference Standard No. 102.; I will now address these requirements in relation to the design you ar considering. As discussed below, it is our opinion that your proposed design would not meet Standard No. 102's requirement that the identification of shift lever positions of automatic transmissions must be permanently displayed in view of the driver.; While your design would include two automatic gear position displays *neither* display would provide identification of shift lever positions of automatic transmissions in view of the driver when the ignition switch is in the accessory or off position. As noted by your letter, NHTSA has interpreted the words 'permanently displayed' to require a display which can be seen regardless of the operating mode of the engine. The display on the instrument panel would not be visible when the ignition switch is in the accessory or off positions. The other display, located on the steering column, would not be visible to the driver regardless of the position of the ignition switch.; NHTSA has previously addressed Standard No. 102's requirement tha certain identification be 'in view of the driver' in connection with a request for interpretation concerning the identification of the shift lever pattern of manual transmissions. The agency concluded that the pattern 'is deemed to be 'displayed in view of the driver' if part of it may be seen from the driver's normal eye position and a reasonable amount of movement of the driver allows him to gain full view of the pattern.' (Letter to Daimler-Benz of North America, February 27, 1967); As noted above, your letter states that the display on the steerin column would 'only be visible from the side of the steering column and thereby require the driver to lean forward and to the right for visual confirmation of the automatic gear position.' This suggests that little, if any, of the display may be seen from the driver's normal eye position and that a significant amount of movement of the driver would be required to see the full display. This is further confirmed by a statement in your letter indicating that the driver would need to lean forward, utilizing the flexibility provided by an emergency locking retractor, in order to see the display, and then *return* to the normal driving position. (Emphasis added) It therefore appears that the display is not 'in view of the driver.'; While your letter suggest that the degree of visibility provided by th display might be appropriate for situations where the vehicle is not activated, Standard No. 102's requirement that the display be within the ' view of the driver' does not distinguish between whether the engine is on or off. We also note that a driver used to viewing the gear position indicator on the instrument panel might not be aware that another display, which would not be visible from a normal driving position, even exists.; Since neither display would provide identification of shift leve positions of automatic transmissions in view of the driver when the ignition switch is in the accessory or off position, it is unnecessary to address the issue raised by your letter concerning whether multiple and complementary indicator can be used to meet the requirements of Standards No. 101 and No. 102 for gear position displays, where no single indicator meets the requirements.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3784OpenMr. William K. Sweeney, Assistant General Counsel, Grumman Corporation, 445 Broad Hollow Road, Melville, NY 11747; Mr. William K. Sweeney Assistant General Counsel Grumman Corporation 445 Broad Hollow Road Melville NY 11747; Dear Mr. Sweeney: This responds to your letter of November 22, 1983, regarding th application of Safety Standard No. 208 (49 CFR 571.208) to the new Kubvan minivan you intend to manufacture and distribute. You state in your letter that the Kubvan is a minivan designed primarily for delivery and utility service. You ask whether the Kubvan must be equipped with a lap and shoulder belt protection under S4.2.2.2 of the standard.; You state that Grumman Olson has built both left hand and right han drive models of the Kubvan. The right hand drive models are intended for use by the United States Postal Service (USPS). You add that Grumman Olson also plans to sell right hand vehicles to any and all interested customers.; Section 4.2.2.2 requires trucks with a GVWR of 10,000 pounds or less t provide a lap and shoulder belt protection system, except for those 'vehicles designed to be exclusively sold to the United States Postal Service.' As correctly stated in your letter, all Kubvans sold to customers other than the USPS must be equipped with a lap and shoulder belt assembly. However, based on the intent of S4.2.2.2 and the unique operating needs of the USPS, right hand Kubvans sold to the USPS need only be equipped with a lap belt system.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam2896OpenMr. S. L. Terry, Chrysler Corporation, P.O. Box 1919, Detroit, MI 48231; Mr. S. L. Terry Chrysler Corporation P.O. Box 1919 Detroit MI 48231; Dear Mr. Terry:#This in (sic) response to your letter of July 21, 1978 requesting an interpretation of Federal Motor Vehicle Safety Standard No. 101, *Controls and Displays*. Please excuse the delay in responding.#You requested an interpretation that a single telltale which monitors both the oil pressure and coolant temperature gauges could be identified by the word 'Engine'. You indicated that it is industry practice to combine the monitoring of these two functions into a single telltale because the response by the driver to either malfunction is the same. It is the interpretation of the NHTSA that the multipurpose telltale which monitors the two functions specified above may be identified by the word 'Engine.' The standard does not require that any of the displays listed in S5.1 be provided or that two or more displays, if provided, be provided separately.#Sincerely, Joseph J. Levin, Jr., Chief Counsel; |
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ID: aiam1243OpenMr. David E. Martin, Manager, Automotive Safety Engineering, Environmental Activities Staff, General Motors Technical Center, General Motors Corporation, Warren, MI 48090; Mr. David E. Martin Manager Automotive Safety Engineering Environmental Activities Staff General Motors Technical Center General Motors Corporation Warren MI 48090; Dear Mr. Martin: Dr. Gregory has asked me to reply to your letter of August 28, 1973, i which you request our endorsement of new labels General Motors intends to use to fulfill its responsibilities under part 567 of Title 49 of the Code of Federal Regulations.; The wording on the label meets the requirements of paragraph 567.4(g) The color of the paint under the label 'window' would determine conformity with the contrasting color requirements in paragraph 567.4(f).; It would appear that the material would '. . . be permanently affixed . .' if it '. . . is tightly bonded to the surface of the vehicle panel. . . .' However, it has not been the practice of the National Highway Traffic Safety Administration to endorse label materials.; Thank you for your continuing cooperation. Sincerely, Robert L. Carter |
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ID: aiam5200OpenMs. Margaret W. Mouzon Mouzon Information Services 2687 Apple Way Ann Arbor, MI 48104-1801; Ms. Margaret W. Mouzon Mouzon Information Services 2687 Apple Way Ann Arbor MI 48104-1801; "Dear Ms. Mouzon: This responds to your letter of June 4, 1993 requesting information on dealer responsibility for occupant restraint system installation. You asked if a dealer is required to replace a deployed air bag prior to selling a used car. You also asked if the air bag must be operable when a dealer sells a showroom or demonstration model of an 'otherwise new' car. With regard to your first question, I am enclosing two letters that explain legal obligations to replace air bags which have been deployed. The first letter, dated January, 19, 1990, is to Ms. Linda L. Conrad. The second letter, dated March 4, 1993, is to Mr. Robert A. Ernst. As explained in those letters, Federal law does not require replacement of a deployed air bag in a used vehicle. In addition, there is no Federal law that prohibits selling a used vehicle with a supplemental restraint that is inoperable because of a previous deployment. However, our agency strongly encourages dealers and repair businesses to replace deployed air bags whenever vehicles are repaired or resold, to ensure that the vehicles will continue to provide maximum crash protection for occupants. Moreover, a dealer or repair business may be required by state law to replace a deployed air bag, or be liable for failure to do so. With regard to your second question, section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (the Safety Act, 15 U.S.C. 1397(a)(1)(A)) specifies that, 'No person shall manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard ...' (Emphasis added) Section 108(b)(1) of the Safety Act (15 U.S.C. 1397(b)(1)) provides that the prohibitions in section 108(a)(1)(A) 'shall not apply to the sale, offer for sale, or the introduction or delivery for introduction in interstate commerce of any motor vehicle after the first purchase of it in good faith for purposes other than resale.' Because of these statutory requirements, a dealership cannot legally sell or offer for sale a new car equipped with an air bag installed to meet the requirements of Standard No. 208, Occupant Crash Protection, if the air bag is not functional. A showroom or demonstration model would be considered a new car, as it has never been sold for purposes other than resale. I am also enclosing a copy of the information sheet referred to in the two letters discussed above. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures"; |
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ID: aiam0002OpenMs. Jean Moffitt 17311 Equestrian Trail Odessa, FL 33556; Ms. Jean Moffitt 17311 Equestrian Trail Odessa FL 33556; Dear Ms. Moffitt: This responds to your letter to this office in whic you stated that your son, a 9th grade student, rides a 65-passenger school bus in which he must sit on the edge of the seat such that only half his body is on the seat. We recently addressed this issue in an October 26, 1994, letter to Ms. Debra Platt of Stuart, Florida, and have enclosed a copy of our response for your information. We have also enclosed a copy of Highway Safety Program Guideline No. 17, Pupil Transportation Safety, a copy of a report prepared by this agency entitled School Bus Safety Report, and a copy of a Report Summary prepared by the Transportation Research Board in May, 1989. The latter two reports give a good overview of the issues connected with school bus safety, and they and Guideline 17 contain recommendations to the various states in developing their own pupil transportation safety programs. I hope the enclosed information is helpful to you. Should you have any other questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel Enclosures; |
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ID: aiam2195OpenMr. J. C. Eckhold, Director, Automotive Safety Office, Ford Motor Company, The American Road, Dearborn, MI 48121; Mr. J. C. Eckhold Director Automotive Safety Office Ford Motor Company The American Road Dearborn MI 48121; Dear Mr. Eckhold:#This is in response to your February 3, 1976, lette pointing out an error in the publication of Federal Motor Vehicle Safety Standard No. 101, *Control Location, Identification, and Illumination*, in Supplement 109 to the Federal Motor Vehicle Safety Standards and Regulations.#While the Federal Register is, of course, the official source of the law, we share your concern for the accuracy of the supplements. The error in Table 1 of Standard No. 101 was discovered immediately upon its publication and steps were taken to correct it. We expect the correction to appear in the supplement to be mailed on February 25, 1976.#Yours truly, Richard B. Dyson, Assistant Chief Counsel; |
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ID: aiam5650OpenMr. Richard P. Cuvala Trix Mfg. Co. Inc. 500 W. Irving Pk. Rd. Bensenville, IL 60106; Mr. Richard P. Cuvala Trix Mfg. Co. Inc. 500 W. Irving Pk. Rd. Bensenville IL 60106; "Dear Mr. Cuvala: This responds to your letter of September 10, 1995 concerning 'conference and display vehicles' you have been asked to manufacture for a client. The vehicles used are cargo vans with a gross vehicle weight rating of 9200 pounds. You convert the cargo area of the van to a product display and conference area. Your letter contained an illustration of the vehicle, indicating an L-shaped seating area behind the driver and front passenger seats. Your letter states that this area is not intended for transport of people. You asked whether such a vehicle must comply with 'seating and occupant orientation and restraint directives.' As explained below, the seats in such a vehicle would have to comply with federal standards on seats and seat belts if the modification is done prior to the first retail sale of the vehicle. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal Motor Vehicle Safety Standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. NHTSA does not approve or certify any vehicles or items of equipment. Instead, each manufacturer is required to certify that its motor vehicles comply with all applicable Federal safety standards prior to their sale or import. NHTSA's certification regulations are set forth in 49 CFR Part 567. Conversion Prior to Sale Your letter does not state whether the conversion of the cargo area of these vehicles is done before or after the first retail sale of the vehicles. Prior to the first retail sale of a vehicle, the vehicle is considered to be 'new.' If the conversion is done prior to the first retail sale, your company would be considered an 'alterer' under our regulations. A person who alters a previously certified new vehicle also must certify that the altered vehicle complies with all applicable standards (49 CFR 567.7). The seats in a new vehicle must comply with federal regulations if they are 'designated seating positions.' A 'designated seating position' is defined in 49 CFR 571.3 as: any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion. While you indicate that the vehicles are not intended to transport people except in the front seats, the design of the seating area is similar to other vehicle seats. Therefore, it appears from their design that these seats are likely to be used and are therefore designated seating positions. NHTSA has exercised its authority to establish five safety standards which could be relevant to seats in these vehicles: Standard No. 207, Seating Systems (49 CFR 571.207), Standard No. 208, Occupant Crash Protection (49 CFR 571.208), Standard No. 209, Seat Belt Assemblies (49 CFR 571.209), Standard No. 210, Seat Belt Assembly Anchorages (49 CFR 571.210), and Standard No. 302, Flammability of Interior Materials (49 CFR 571.302). Standards Nos. 207, 208, 210, and 302 apply, with certain limited exceptions not relevant to your conversion, to vehicles and not directly to items of equipment. Standard No. 207 establishes requirements for seats, their attachment assemblies, and their installation to minimize the possibility of their failure in a crash. Standard No. 207 does not require a specific orientation for seats. However, some of the requirements are different for side- and rear-facing seats like those illustrated in your attachment. Standard No. 208 specifies seat belt requirements for seating positions in vehicles. For the seats in the rear of your vehicles, Standard No. 208 would require lap belts at each designated seating position. Standard No. 210 specifies performance requirements for seat belt anchorages. Standard No. 302 specifies burn resistance requirements for materials used in the interior of motor vehicles. Standard No. 302 would affect not only the seats, but also installation of other materials in these vehicles. Standard No. 209 applies to seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Thus, the manufacturer is required to certify that the seat belts comply with Standard No. 209. If you do not manufacture the seat belts yourself, you should install only belts certified by their manufacturer. This is true regardless of whether the conversion occurs before or after the first sale of the vehicle. Conversion After Sale If the conversion is done on a used motor vehicle, you do not have to certify that the vehicle complies with Standards Nos. 207, 208, 210, and 302. However, 49 USC 30122 provides, in pertinent part: A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative, any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard. . . . Thus, you could not convert these vehicles if the conversion affected a device or element of design, installed prior to sale, so as to cause the vehicles to no longer comply with any of the safety standards. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, Samuel J. Dubbin 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.