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: aiam2029OpenMr. Mitsuru Masada, Chief of Development & Control Department, Takata Kojyo Co., Ltd., No. 10 Mori Bldg. 28, Sakuragawa-Cho Nishikubo Shiba, Minato-Ku Tokyo, Japan 105; Mr. Mitsuru Masada Chief of Development & Control Department Takata Kojyo Co. Ltd. No. 10 Mori Bldg. 28 Sakuragawa-Cho Nishikubo Shiba Minato-Ku Tokyo Japan 105; Dear Mr. Masada: This responds to Takata Kojyo's July 28, 1975, question whethe Standard No. 208, *Occupant Crash Protection*, or Standard No. 209,; Seat Belt Assemblies*, prohibits on a 'continuous loop' three-poin belt system the use of a clip between the outboard attachment point of the lap belt portion and the sliding buckle tongue which engages the inboard attachment hardware. The clip is used to prevent the sliding buckle tongue from falling to the floor when the belt system is retracted after use.; Standard No. 209 contains no provision which prohibits use of the clip Section S7.1.1 of Standard No. 208 requires adjustment of the lap belt portion of seat belts 'by means of an emergency-locking or automatic-locking retractor.' In continuous loop systems, the single retractor must meet this adjustment requirement as well as that for the upper torso portion. At this time, the NHTSA has interpreted S7.1.1 to permit the use of clips which restrict movement of the webbing, but a proposal is outstanding that would restrict the use of certain clips to seat belt assemblies that have 'an individually adjustable' lap belt. The language of that proposal is intended to strictly limit the use of clips which restrict webbing movement. In any case, Standard No. 208 does not at this time prevent use of the clip you describe.; It is noted that the clip could be misadjusted so that slack i introduced in the lap belt, permitting submarining in the event of a crash. This problem could be avoided by permanently attaching the clip at a low enough position so that the belt would be automatically adjustable even for a 50th percentile 6 year old child without possibility of misadjustment. This permanent location could presumably still be high enough on the belt to provide for convenient stowage of the belt tongue after use.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam0014OpenMr. Richard H. Lucki U.S. Factory Representative Peugeot U.S. Technical Research Company 1099 Wall Street West Lyndhurst, NJ 07071; Mr. Richard H. Lucki U.S. Factory Representative Peugeot U.S. Technical Research Company 1099 Wall Street West Lyndhurst NJ 07071; "Dear Mr. Lucki: This responds to your letter requesting a interpretation of Federal Motor Vehicle Safety Standard No. 102, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect. You asked whether a planned gear position display for automatic transmission vehicles would meet the standard's requirement that full gear position information be provided in a single location. As discussed below, the answer to that question is yes. By way of background information, the National Highway Traffic Safety Administration 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 and equipment meet applicable standards. The following represents our opinion based on the facts provided in your letter. As you are aware, on March 26, l99l, this agency published in the Federal Register a final rule amending Standard No. l02. Among the amendments is a new S3.l.4.4 that requires, for all automatic transmission vehicles, that full gear position information, i.e., identification of shift level positions, including the position of the gears in relation to each other, and the gear position selected, be displayed 'in view of the driver in a single location.' According to a drawing enclosed with your letter, your planned gear position display would be located on the instrument panel, between the speedometer and tachometer. The current gear position, either P, R, N, D, 3, 2, or l, would be shown in a square, by means of electronic display. The position of the gears in relation to each other, i.e., P R N D 3 2 1, would be marked adjacent to the electronic display. You state that the gear positions in relation to each other will be illuminated when the headlamps are activated. It is our opinion that your planned design would meet S3.l.4.4's requirement that full gear position information be displayed in a single location. The gear position selected would be shown in the square electronic display. The position of the gears in relation to each other would be marked adjacent to the electronic display. Because the marking of the position of the gears in relation to each other would be adjacent to the electronic display, it is our opinion that all of the information would be considered to be provided in a single location. I note that this same issue was addressed in the preamble to the March l99l final rule, in connection with a comment submitted by Chrysler. The agency stated the following: If Chrysler wishes to provide a display of current gear position information on the instrument panel, it is free to do so. Under the amendment, it can either provide full gear position information at that location, e.g., include a 'P R N D L' label adjacent to the display, or it can provide a display of current gear position information only on the instrument panel and include a display of full gear position information elsewhere, e.g., on the floor console. 56 FR l2470, March 26, l99l. Your proposed design is consistent with the first of the two options discussed in that paragraph. I hope this responds satisfactorily to your concerns. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam5216OpenMr. Kenneth E. Ross 752 Hillpine Terrace Atlanta, GA 30306; Mr. Kenneth E. Ross 752 Hillpine Terrace Atlanta GA 30306; "Dear Mr. Ross: This responds to your letter requesting informatio about a product that attaches to an automobile's back window. In a telephone conversation with Marvin Shaw of my staff, you stated that your product is a two to three inch high LED sign that extends along most of the rear window. The sign displays any message that the driver chooses. While we do not have information about State or local laws, I am pleased to have this opportunity to explain the applicability of Federal law on your product. By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the National Traffic and Motor Vehicle Safety Act ('Safety Act') establishes a 'self- certification' process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards (FMVSSs). In response to your question, NHTSA currently has no FMVSSs that directly apply to the product you wish to manufacture. I note, however, that there are other Federal requirements that indirectly affect you and your product. Under the Safety Act, 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 in 151-159 of the Safety Act 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 that 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. Automotive accessory equipment that a dealer adds before sale of a vehicle must not create a noncompliance with the FMVSSs to which the vehicle manufacturer has certified compliance. For instance, your LED sign should be mounted so that it does not block the field of view required by FMVSS No. 111, Rearview Mirrors. Similarly, for the vehicle to remain in compliance, your system must not impair the effectiveness of the lighting equipment required by FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. In particular, the placement of your sign might impair the effectiveness of the center highmounted stop lamp (CHMSL) if it can be operated simultaneously with the CHMSL or at a time when the turn signals are flashing. In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 108(a)(2)(A) of the Safety Act, which states: '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 ....' It is conceivable that your product, when placed on a vehicle's rear window, could 'render inoperative' the vehicle's ability to comply with FMVSS No. 108 and FMVSS No. 111. Persons in the aforementioned categories that install your product must ensure that such installation does not render inoperative the safety protection provided by the applicable standards. Specifically, your product should be mounted so that it does not interfere with the CHMSL or turn signal lamps nor block the field-of-view required by FMVSS No. 111. The 'render inoperative' prohibition of 108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your product were placed on a rear window by the vehicle owner, then the render inoperative provision would not apply. Nevertheless, in the interest of safety, you should ensure that your product does not adversely affect a vehicle's rear lamps or rearward visibility. We are unable to advise you as to whether the laws of any State address this topic. You should consult the American Association of Motor Vehicle Administrators for an opinion. Its address is 4600 Wilson Boulevard, Arlington, Va. 22203. I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam3894OpenMr. Bernt Svensson, Marketing Director, Viskafors Gummifabrik AB, Box 2059, S-515 02 Viskafors, SWEDEN; Mr. Bernt Svensson Marketing Director Viskafors Gummifabrik AB Box 2059 S-515 02 Viskafors SWEDEN; Dear Mr. Svensson: This responds to your letter to Ms. Kathleen DeMeter of my staff asking for information on how to get a new temporary spare tire size included in the tire tables following Standard No. 109, * New Pneumatic Tires -- Passenger Cars* (49 CFR S571.109). The agency rescinded tire tables in Standard No. 109 in a final rule published at 46 FR 61473, December 17, 1981. I have enclosed a copy of that rule together with a current copy of Standard No. 109 for your records.; Section S4.4.1 requires tire manufacturers to provide a listing of th rims that may be used with each tire size it produces. Section S4.2.1(c) requires a tire's load rating be the load rating for that size specified in a submission under S4.4.1. This may be provided by the manufacturer in a document furnished to each of the manufacturer's dealers, to this agency, and to the pubic upon request. Alternatively, the manufacturer may use the data for that tire size shown in a current publication of one of the standardization organization listed in S4.4.1(b). Your company will have to use one of these two means of complying with this requirement, instead of relying on the tire tables, as was formerly done.; The current publication of the American standardization organizatio the Tire & Rim Association) shows no listing for the tire size about which you inquired. It is possible that the size is listed by one of the other standardization organization of your choosing or submit the data directly to this agency, all your dealers and the public, upon request.; Should you have any further questions on this matter, please contac Mr. Stephen Kratzke of my staff at this address.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam0241OpenMr. Richard Alexander, Capitol Tire Distributors, 2837 North Tecome Street, Indianapolis, Indiana 46218; Mr. Richard Alexander Capitol Tire Distributors 2837 North Tecome Street Indianapolis Indiana 46218; Dear Mr. Alexander: This is in reply to your letter of June 6, 1970, asking if you ar violating the National Traffic and Motor Vehicle Safety Act, or, regulations issued pursuant to it, if you distribute tires marked seconds.; Neither the Act nor the regulations prohibit the sale of tires marke seconds. manufacturers are required to certify that their product complies with Federal motor vehicle safety standards and do so by labeling each tire they certify with the symbol 'DOT'. Tires that are certified by the manufacturer and marked 'seconds' are not necessarily unsafe, as the 'second' may de due to a cosmetic defect not affecting the tire's performance. In such cases, the distributer of the tire would not be in violation of the act.; Sometimes a tire manufacturer will make a tire that he believes i defective in a way that affects the safety of the tire. Often, that manufacturer will mark the tire 'farm use only' or 'non-highway use' and then sell it. In such instances, he is supposed to remove the dot symbol. Enclosed is a copy of a notice of proposed rulemaking dealing with this problem which may be of interest to you or your members.; Thank you for your interest in the motor vehicle safety program. Sincerely, Lawrence R. Schneider, Assistant Chief Counsel, Regulation |
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ID: aiam5413OpenMr. Richard J. Quigley 5886-b Fernflat Road Aptos, CA 95003; Mr. Richard J. Quigley 5886-b Fernflat Road Aptos CA 95003; Dear Mr. Quigley: This responds to your request for an interpretatio of whether a drawing you provided would meet S5.6.1(e) of Standard No. 218, Motorcycle helmets, that specifies motorcycle helmets be labeled with the symbol DOT. The answer is no. Your drawing, approximately 2 cm. high, consists of three figures that you believe are the symbol 'DOT.' For the letter 'D,' the right side of the letter is not curved, but is formed by a series of jagged lines at the top and bottom of the letter that meet in a straight line parallel to the line that forms the left side of the 'D'. In lieu of the letter 'O,' your drawing depicts what appears to be a corporate logo, with a cartoon eagle inside a circle, and the name of a company written on the circle. The letter 'T' is formed like a conventional 'T,' with straight sides. S5.6.1(e) of Standard No. 218 specifies the symbol DOT: (e) ... This symbol shall appear on the outer surface, ... in letters at least 3/8 inch (1 cm) high, ... (Emphasis added.) Because the symbol DOT constitutes the manufacturer's certification that the helmet conforms to Standard No. 218, there must be no ambiguity in the symbol. In your drawing, the corporate logo is clearly not the letter 'O'. Using the corporate logo in lieu of the letter 'O' may confuse consumers and others as to whether the manufacturer has certified the helmet as conforming with Standard No. 218. Thus, the drawing you have provided does not meet S5.6.1(e) of Standard No. 218. If you have any questions, please contact Ken Weinstein of my staff at (202) 366-5263. Sincerely, John Womack Acting Chief Counsel; |
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ID: aiam0611OpenMr. K. Krueger, Technical Development, Liaison Engineer, Volkswagen of America, Inc., Englewood Cliffs, NJ, 07632; Mr. K. Krueger Technical Development Liaison Engineer Volkswagen of America Inc. Englewood Cliffs NJ 07632; Dear Mr. Krueger: This is in reply to your letter of December 6, 1971, in which you as several questions regarding the test procedures of Standard No. 302, 'Flammability of Interior Materials,' and list certain components asking whether they are subject to the standard. While we indicated to you in our letter of February 17, 1972, that we are considering amendments to the standard which affect the questions you raise, we are responding, because of the limited time remaining before the standard becomes effective, to your questions based on the standard as presently written, indicating where appropriate, those areas where modifications may be made.; The three questions you raise regarding the test procedures of th standard are restated in part below, followed by our response.; >>>1. How is a part whose largest dimension is less than one inch an which is subject to the requirements of S4.1 to be tested under S5? You state that many small parts of Volkswagens would fall through the wire grid if required to be tested.; If a component fits the criteria of S4.1, it is required to meet th standard's requirements regardless of its size. In testing, however, manufacturers are not required to follow the procedures set forth in the standard, but may modify those procedures as long as results obtained can be correlated sufficiently that the manufacturer can show he exercised due care in attempting to meet the requirements. In the case of components that are too small to be supported by the wire grids, we believe manufacturers would be free to space the wire grids so that, at the very least, the component can be supported, and still avail themselves of a due care defense. One other alternative, although not as easily correlated to the standard, would be to test samples of the material of which the component is manufactured in sizes large enough to be supported by the test device as described in the standard.; 1(a). If the specimen held in the frame offers less than 1.5 inches o material from its open end to its clamped end, does it have to be tested under MVSS 302?; The answer to this question is similar to the one above. There is n exemption for small components in the standard. However, minor modifications to the test procedure may be made without jeopardizing the ability of a manufacturer to demonstrate, should the need arise, that he has exercised due care. In this case, we believe that a manufacturer could begin timing before the flame had traveled 1.5 inches, or again, could test larger samples of the material of which the component is made.; 1.(b). If a small specimen held in the frame offers less than 2 inche of material for progression of the flame after timing has begun, and if the material stops burning before it has burned for 60 seconds from the start of timing, does it meet the requirements of S4.3?; The provisions of S4.3 that you refer to are intended to reflect th performance of samples described in the test procedures of S5. These requirements are intended to provide an exemption for self-extinguishing materials, and not to exempt small samples that are consumed by fire before two minutes elapse. The standard establishes burn-rate requirements, and manufacturers should keep this in mind in determining whether particular components comply. If your component is such that it is consumed by fire because of its size before the two-minute period, then we would expect modifications to the procedure, of a nature described above, to be made in order that a determination of the burn rate of the material is obtained.; 2. 'We do not understand the applicability requirements of S4.1 specifically the latter part of the paragraph which states, ' . . ., and any other interior materials, including padding and crash-deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash.'' You then list certain components and ask whether they fall within the quoted language.; This provision is presently under review by NHTSA, and may be modifie in the amendment to be published in the near future. Any such change may also affect the problems you appear to have in testing very small components, as indicated by your previous questions. However, as presently written, the phrase refers to those components which are in fact designed to be energy absorbing. This determination must be made by the manufacturer, based upon the design of his vehicles. It does not appear to us that any of the components you list would necessarily fall within the quoted language.; The list you provide includes numerous gaskets, or gasket-typ components such as (a) windshield gasket, (b) side door insulating rubber, (c) door gaskets, (h) rubber boots at base of gear shift and hand brake levers, (l) gaskets for sliding sun roof, and (m) gasket between steering column and firewall. If these items are not within the above-quoted language of S4.1, we would not consider them to be covered by any other language of that paragraph.; With reference to the open truck compartments in Type 2, Type 3, an Type 411 vehicles (your paragraph (d)), we consider areas in passenger vehicles where occupants can ride, such as the rear of station wagons, to be within the occupant compartment, and the components listed in S4.1 that appear in these areas must meet the requirements.; With reference to paragraph (e), we would consider the battery cover if it is part of the floor, to be a floor covering within S4.1 However, we do not consider electric cables (f) to be within any of the enumerated items of S4.1. In addition, the brake fluid reservoir (g) would only be included if it is within the 'any other interior materials . . .' language of S4.1.<<<; Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam1903OpenMr. John C. Latzer, Mobilefreeze Co., Inc., P.O. Box 691, Parsons, KS 67357; Mr. John C. Latzer Mobilefreeze Co. Inc. P.O. Box 691 Parsons KS 67357; Dear Mr. Latzer: This responds to your April 15, 1975, question whether the Mobilefreez 'Mark Twain Marine' boat trailer, which consists of a platform whose primary cargo- carrying surface is 18 inches above the ground and supported by two 29-inch-high longitudinal support beams which rise from the outer edges of this surface, would qualify as a heavy hauler trailer. 'Heavy hauler trailer' is defined in S4 of Standard No 121, *Air brake systems*, as follows:; >>>'Heavy hauler trailer' means a trailer with one or more of th following characteristics: (1) Its brake lines are designed to adapt to separation or extension of the vehicle frame, or (2) Its body consists only of a platform whose primary cargo-carrying surface is not more than 40 inches above the ground in an unloaded condition, except that it may include sides that are designed to be easily removable and a permanent 'front-end structure' as that term is used in S 393.106 of this title.<<<; From your description, the 29-inch-high beams do not serve as side from the trailer but simply as longitudinal load-bearing members of the vehicle's cargo-carrying surface. You state that these beams would be placed under the platform except for the necessity that the trailer bed be lower than normal.; If the beams in question do not in fact serve as sides but rather a part of the vehicle frame, the National Highway Traffic Safety Administration concludes that the 'Mark Twain Marine' boat trailer qualifies as a heavy hauler trailer which is not required to conform to Standard No. 121 until September 1, 1976.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam3197OpenMr. John Lust, Brotherhood Racing, 2500 Knoll Drive, Ventura, CA 933003 (sic); Mr. John Lust Brotherhood Racing 2500 Knoll Drive Ventura CA 933003 (sic); Dear Mr. Lust: This is in response to your conversation with Mr. Hugh Oates of m office concerning the manufacture and installation of replacement fuel tanks.; Enclosed please find (1) a copy of a letter concerning the lega implications of replacing a vehicle's fuel tank with a larger tank, (2) a copy of a letter concerning the legal implications of building and installing auxiliary fuel tanks which discusses issues also relevant to replacement fuel tanks and (3) a notice describing how to obtain copies of motor vehicle safety standards and regulations.; In addition to the points raised in the enclosed letters, I would lik to point out two additional factors. First, please note that if you go into the business of manufacturing replacement fuel tanks you must submit identifying information and a description of the items you produce to this agency in accord with 49 CFR Part 566 (copy enclosed).; Second, as you will note from the enclosed letters, a manufacturer o other person specified in the National Traffic and Motor Vehicle Safety Act who installs an auxiliary or replacement fuel tank in a new or used vehicle must not compromise the vehicle's compliance with relevant safety standards. Thus, in installing replacement fuel tanks you should be aware not only of any effect that your installation may have upon the vehicle's fuel system (see Federal Motor Vehicle Safety Standard 301-75, *Fuel System Integrity*), you should also be aware that your installation might affect, among other things, the vehicles braking system (see Safety Standard No. 105-75, *Hydraulic Brake Systems*) or the vehicle's weight as it relates to safety standards concerning tires (see Safety Standard No. 110, *Tire Selection and Rims*, applicable to passenger cars, and Safety Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars*).; I hope that you will find the enclosed material helpful. If you hav any further questions, please feel free to call Ms. Debra Weiner at my office at 202-426-2992.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4652OpenMr. John E. Hammer John E. Hammer & Associates 235 W. Hamilton Lane Battle Creek, MI 49015; Mr. John E. Hammer John E. Hammer & Associates 235 W. Hamilton Lane Battle Creek MI 49015; "Dear Mr. Hammer: This responds to your inquiry about the attachment o a rigid hood ornament onto a motor vehicle. You explained that you were developing an aftermarket kit to help prevent the theft of such hood ornaments. You asked about the legalities of an individual owner using such a kit to attach a hood ornament. As explained below, while the agency does not regulate the actions of an individual vehicle owner, you as the manufacturer will have responsibilities under the National Traffic and Motor Vehicle Safety Act ('Vehicle Safety Act'). A replacement hood ornament kit would be considered 'motor vehicle equipment' under section 102(4) of the National Traffic and Motor Vehicle Safety Act (Vehicle Safety Act). That section defines, in relevant part, the term 'motor vehicle equipment' as: any system, part, or component of a motor vehicle as originally 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.... The Safety Act gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Although NHTSA has issued motor vehicle safety standards for certain types of motor vehicle equipment, there is no standard directly applicable to hood ornaments. Thus, the manufacture and sale of the aftermarket product to a vehicle owner for use with his or her vehicle would not be affected by the requirements of any Federal motor vehicle safety standard. Although no standard directly applies to a hood ornament, there are several statutory provisions of which you should be aware. First, /108(a)(2)(A) of the Vehicle Safety Act states that: No manufacturer, distributor, dealer, or motor vehicle repair 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 using the hood ornament would adversely affect compliance with a safety standard, then a manufacturer, distributor, dealer, or repair business installing this product would 'render inoperative' a design element in compliance with a Federal motor vehicle safety standard. The person who committed such an act would have violated /108(a)(2)(A), and would be subject to a civil penalty of up to $1000 for each /108 violation where a design element was 'rendered inoperative.' However, the provisions of 108(a)(2)(A) do not apply to the actions of a vehicle owner in adding or otherwise modifying his or her vehicle. Thus, a vehicle owner would not violate the Act by using the hood ornament kit even if doing so would adversely affect some safety feature in his or her vehicle or equipment. Second, you will be a motor vehicle equipment manufacturer if you offer this product for sale. As a manufacturer, you will be subject to the requirements of //151-159 of the Safety Act (15 U.S.C. 1411-1419), concerning the recall and remedy of products with defects related to motor vehicle safety. Section 102(11) of the Vehicle Safety Act defines 'defect' as 'any defect in performance, construction, components, or materials in motor vehicles or motor vehicle equipment.' (emphasis added). Section 102(1) defines 'motor vehicle safety' as 'the performance of motor vehicles or motor vehicle equipment in such a manner that the public is protected against unreasonable risk of accidents occurring as a result of design, construction or performance of motor vehicles...' (emphasis added). If you or the agency determined that the product had a defect related to motor vehicle safety, you would have to notify all product purchasers of the defect, and either: 1. repair the product so that the defect is removed, or 2. replace the product with an identical or reasonably equivalent product that does not have the defect. The manufacturer would have to bear the full expense of the notice-and-recall campaign, irrespective of the option chosen, for any owner who purchased the product less than eight years before the notice-and-recall campaign. The agency does not determine the existence of safety-related defects, except in the context of a defect proceeding. I note that hood ornaments typically are constructed to yield to pressure so as to reduce the risk of injuries to pedestrians. Therefore, it is possible that a rigid, non-yielding ornament might be considered a safety related defect if the rigid design were determined to pose an unreasonable safety risk. I hope you find this information helpful. Sincerely, Stephen P. Wood Acting 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.