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: aiam5079OpenMichael J. Vacanti 7533 W. 112th Street Bloomington, MN 55438; Michael J. Vacanti 7533 W. 112th Street Bloomington MN 55438; "Dear Mr. Vacanti: This responds to your letter seeking information o how the laws and regulations administered by this agency would apply to a device you have designed. According to your letter, this device is an aftermarket accessory. The accessory is a polyurethane device that latches onto the lap/shoulder belt and changes the angle at which the shoulder belt crosses a child's torso. The device is intended to improve shoulder belt fit for children that have outgrown child safety seats. I am pleased to have this chance to explain our laws and regulations to you. The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the Safety Act) authorizes this agency to issue motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 208, Occupant Crash Protection (49 CFR 571.208). This standard requires new motor vehicles to be equipped with safety belts and requires that those belts meet specified fit and comfort requirements, as set forth in S7 of the standard. However, Standard No. 208 does not apply to aftermarket items that seek to alter belt fit and/or comfort. Hence, you are not required to certify that this device complies with Standard No. 208 before offering the device for sale. In addition, you are not required to get some sort of 'approval' from this agency before offering this device for sale. NHTSA has no authority to 'approve' motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a 'self- certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. As stated above, this device is not subject to any safety standard, so you do not have to make any certification. Although none of our safety standards directly apply to this device, there are several provisions in the Safety Act that are relevant. Manufacturers of motor vehicle equipment such as your belt positioning device are subject to the requirements in sections 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. In addition, use of your product could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturer, distributors, dealers, and repair shops from knowingly 'rendering inoperative,' in whole or in part, any device or element of design installed on or in a vehicle in compliance with an applicable safety standard. There are two elements of design in a vehicle that might be 'rendered inoperative' by the use of your belt positioning device. One is the occupant protection afforded by belts that meet the specified fit and comfort requirements. The other element of design that could be rendered inoperative by the use of your belt positioning device is the burn resistance required by Standard No. 302, Flammability of Interior Materials (49 CFR 571.302). The materials used in the interior of vehicles, including the seat belts, seat backs and cushions, trim panels, and headliner must comply with the burn resistance requirements of Standard No. 302 to reduce deaths and injuries in the event of a fire in the vehicle's interior. If your belt positioning device renders inoperative the belt fit and comfort requirements specified in Standard No. 208 or does not comply with burn resistance requirements, it could not be installed in a vehicle by any manufacturer, distributor, dealer, or repair shop. I have enclosed a general information sheet for new manufacturers that gives a thumbnail sketch of NHTSA's regulations and provides information on how to obtain copies of those regulations. I hope that this information is helpful. If you have any further questions or need some additional information, please feel free to contact Steve Kratzke 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: aiam4958OpenMr. Phil Gray Inventor Westech U.S.A. Inc. Airport Road (P.O. Box 629) Franklin County Airport Swanton, VT 05488; Mr. Phil Gray Inventor Westech U.S.A. Inc. Airport Road (P.O. Box 629) Franklin County Airport Swanton VT 05488; "Dear Mr. Gray: This responds to your letter asking how the laws an regulations administered by this agency would apply to a product you have invented. The device is a flexible plastic stalk that reroutes the shoulder belt to improve the shoulder belt fit for children that have outgrown child safety seats. I am pleased to have this chance to explain our laws and regulations to you. The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the Safety Act) authorizes this agency to issue motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 208, Occupant Crash Protection (49 CFR 571.208). This standard requires new motor vehicles to be equipped with safety belts and requires that those belts meet specified fit and comfort requirements, as set forth in S7 of the standard. However, Standard No. 208 does not apply to aftermarket items that seek to alter belt fit and/or comfort. Hence, your company is not required to certify that this product complies with Standard No. 208 before offering the product for sale. In addition, you are not required to get some sort of 'approval' from this agency before offering this product for sale. NHTSA has no authority to 'approve' motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. As stated above, this product is not subject to any safety standard, so your company does not have to make any certification. Although none of our safety standards directly apply to this product, there are several provisions in the Safety Act that are relevant. Manufacturers of motor vehicle equipment such as your belt positioning device are subject to the requirements in sections 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. Your letter indicated that you were aware of this responsibility and your company would carry out any necessary recalls if problems should become apparent with this device when it is used by the public. In addition, use of your product could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturer, distributors, dealers, and repair shops from knowingly 'rendering inoperative,' in whole or in part, any device or element of design installed on or in a vehicle in compliance with an applicable safety standard. There are two elements of design in a vehicle that might be 'rendered inoperative' by the use of your company's belt positioning device. One is the occupant protection afforded by belts that meet the specified fit and comfort requirements. The other element of design that could be rendered inoperative by the use of your belt positioning device is the burn resistance required by Standard No. 302, Flammability of Interior Materials (49 CFR 571.302). The materials used in the interior of vehicles, including the seat belts, seat backs and cushions, trim panels, and headliner must comply with the burn resistance requirements of Standard No. 302 to reduce deaths and injuries in the event of a fire in the vehicle's interior. If your belt positioning device renders inoperative the belt fit and comfort requirements specified in Standard No. 208 or does not comply with burn resistance requirements, it could not be installed in a vehicle by any manufacturer, distributor, dealer, or repair shop. I have enclosed a general information sheet for new manufacturers that gives a thumbnail sketch of NHTSA's regulations and provides information on how to obtain copies of those regulations. I hope that this information is helpful. If you have any further questions or need some additional information, please feel free to contact Steve Kratzke 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: aiam2294OpenMr. Cornelius C. Setter, Independent Textile Testing Service, Inc., P. O. Box 1948, 1499 Murray Avenue, Dalton, GA, 30720; Mr. Cornelius C. Setter Independent Textile Testing Service Inc. P. O. Box 1948 1499 Murray Avenue Dalton GA 30720; Dear Mr. Setter: This is in response to your letter of February 18, 1976, concernin testing procedures pursuant to Federal Motor Vehicle Safety Standard No. 302, *Flammability of Interior Materials*.; As you point out, S5.1.3 of the standard provides that thin, hea resistant wires are used to support a 'specimen that softens and bends at the flaming end so as to cause erratic burning.' One of your customers asserted that support wires should be used in testing his materials, and you have asked when the use of support wires is appropriate.; Your interpretation of the standard in this case is commendable, an your test practices are calculated to demonstrate clearly the exercise of due care that a particular product complies with Federal motor vehicle safety standards. However, an NHTSA July 19, 1971, interpretation of Standard No. 302 (copy enclosed) permits use of support wires when any bending of the tested material occurs. At the time of that interpretation, it was believed that the support wires would not influence the test results.; More recent testing by the agency demonstrates that the support wire do significantly affect burn rates, and the agency intends to issue an interpretative amendment of the standard that will limit use of support wires.; Thank you for your responsible approach to testing products that ar required to conform to Federal motor vehicle safety standards.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam4174OpenMs. Ann Boriskie, 6738 Firelight Lane, Dallas, TX 75248; Ms. Ann Boriskie 6738 Firelight Lane Dallas TX 75248; Dear Ms. Boriskie: Thank you for your letter of June 2, 1986, asking for approval of device you have invented which is designed to prevent children from inadvertently or intentionally opening the buckle of a safety belt. As you requested, the agency will not disclose the details of your proprietary product. Although we understand your concern that young children should not be able to easily get out of a safety belt, we have significant reservations about your product. I hope the following discussion explains those reservations and the effect of our regulations on your product.; Our agency has the authority to issue safety standards applicable t 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 any commercial products. Instead the National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.; Although we do not have any standards that directly apply to you product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your product are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. The agency does not determine the existence of safety defects except in the context of a defect proceeding, and thus is unable to say whether your product might or might not contain such a defect. However, the agency has reservations about your product because of our concern that people be able to easily and quickly operate a safety belt in an emergency. As the agency said last year on the related topic of the force level necessary to operate buckles in child restraints:; >>>The agency's safety concerns over child restraint buckle forc release and size stem from the need for convenient buckling and unbuckling of a child and, in emergencies, to quickly remove the child from the restraint. This latter situation can occur in instances of post-crash fires, immersions, etc. A restraint that is difficult to disengage, due to the need for excessive buckle pressure or difficulty in operating the release mechanism because of a very small release button, can unnecessarily endanger the child in the restraint and the adult attempting to release the child. (50 FR 33722, August 21, 1985).<<<; Your product could significantly increase the difficulty of using th buckle release and thus hinder a person attempting to release the belt in an emergency.; In addition, use of your product can be affected by sectio 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. One requirement of Standard No. 209, *Seat Belt Assemblies*, is that the pushbutton release for a safety belt must have a minimum area for applying the release force. Installation of your device by a commercial business could be prohibited since it apparently would substantially reduce the minimum area available for applying the release force to the safety belt pushbutton. In addition, Standard No. 302, *Flammability of Interior Materials*, requires new safety belts to meet a flammability resistance requirement. Thus, although Standard No. 302 does not directly apply to aftermarket equipment, commercial businesses could not install your device if it would mean that the safety belt no longer met the flammability resistance requirements of Standard No. 302.; The prohibition of section 108(a)(2(A) (sic) does not apply t individual vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, our policy is to encourage vehicle owners not to remove or otherwise tamper with vehicle safety equipment. Installation of your product by any person could be inconsistent with that policy.; I am returning, under separate cover, the samples of your device tha you sent the agency. If you have any further questions, please let me know.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam4145OpenMs. Brenda Hartman, 8617 Creston, Pinckney, MI 48169; Ms. Brenda Hartman 8617 Creston Pinckney MI 48169; Dear Ms. Hartman: Thank you for your letter of February 27, 1986, asking how ou regulations affect a product you are considering. In your letter, you asked the agency not to disclose your idea for this product. In a phone conversation of April 28, 1986, with Stephen Oesch of my staff, you waived your request for complete nondisclosure and agreed to the disclosure of a generic description of your product. As you requested, we will not disclose the specific details of your product or the sketches you enclosed with your letter.; Your product is designed to reduce the possibility that a young chil could unbuckle a vehicle safety belt. The product would enclose the buckle of the safety belt, so that it is difficult for a child to operate the buckle release.; We have significant reservations about your product. I hope th following discussion explains our reservations and the effect of our regulations on your product.; Our agency has the authority to issue safety standards applicable t 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 any commercial products. Instead the National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.; Although we do not have any standards that directly apply to you product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your product are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. The agency does not determine the existence of safety defects except in the context of a defect proceeding, and thus is unable to say whether your product might or might not contain such a defect. However, the agency has reservations about your product because of our concern that people be able to easily and quickly operate a safety belt in an emergency. As the agency said last year on the related topic of the force level necessary to operate buckles in child restraints:; >>>The agency's safety concerns over child restraint buckle forc release and size stem from the need for convenient buckling and unbuckling of a child and, in emergencies, to quickly remove the child from the restraint. This latter situation can occur in instances of post-crash fires, immersions, etc. A restraint that is difficult to disengage, due to the need for excessive buckle pressure or difficulty in operating the release mechanism because of a very small release button, can unnecessarily endanger the child in the restraint and the adult attempting to release the child. (50 FR 33722, August 21, 1985).<<<; In addition, use of your product can be affected by sectio 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. One requirement of Standard No. 209, *Seat Belt Assemblies*, is that the pushbutton release for a safety belt must have a a (sic) minimum area for applying the release force. Installation of your device by a commercial business could be prohibited since it apparently would substantially reduce the minimum area available for applying the release force to the safety belt pushbutton. In addition, Standard No. 302, *Flammability of Interior Materials*, requires new safety belts to meet a flammability resistance requirement. Thus, although Standard No. 302 does not directly apply to aftermarket equipment, commercial businesses could not install your device if it would mean that the safety belt no longer meet (sic) the flammability resistance requirements of Standard No. 302.; The prohibition of section 108(a)(2(A) (sic) does not apply t individual vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, our policy is to encourage vehicle owners not to remove or otherwise tamper with vehicle safety equipment. Installation of your product by any person could be inconsistent with that policy.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam5164OpenMr. Brett J. Higgins 10257 Slater Ave. #103 Fountain Valley, CA 92708; Mr. Brett J. Higgins 10257 Slater Ave. #103 Fountain Valley CA 92708; "Dear Mr. Higgins: This responds to your letter of March 25, 1993 t former Chief Counsel Paul Jackson Rice seeking information on how the laws and regulations administered by this agency would apply to an item of equipment you wish to sell. According to your letter, the item is a special clamp that is applied to the shoulder strap of a seatbelt as an after-market item. The purpose of this clamp is to allow for slack in the shoulder harness section of a seatbelt thus allowing it to be worn more comfortably. I am pleased to have this opportunity to explain our laws and regulations to you. The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the Safety Act) authorizes this agency to issue motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 208, Occupant Crash Protection (49 CFR 571.208). This standard requires new motor vehicles to be equipped with safety belts and requires that those belts meet specified fit and comfort requirements, as set forth in S7 of the standard. However, Standard No. 208 does not apply to aftermarket items that seek to alter belt fit and/or comfort. Hence, you are not required to certify that this device complies with Standard No. 208 before offering the device for sale. In addition, you are not required to get some sort of 'approval' from this agency before offering this device for sale. NHTSA has no authority to 'approve' motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a 'self- certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. As stated above, this device is not subject to any safety standard, so you do not have to make any certification. Although none of our safety standards directly apply to this device, there are several provisions in the Safety Act that are relevant. Manufacturers of motor vehicle equipment such as your belt positioning device are subject to the requirements in sections 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. In addition, use of your product could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturer, distributors, dealers, and repair shops from knowingly 'rendering inoperative,' in whole or in part, any device or element of design installed on or in a vehicle in compliance with an applicable safety standard. There are two elements of design in a vehicle that might be 'rendered inoperative' by the use of your belt positioning device. One is the occupant protection afforded by belts that meet the specified fit and comfort requirements. The other element of design that could be rendered inoperative by the use of your device is the burn resistance required by Standard No. 302, Flammability of Interior Materials (49 CFR 571.302). The materials used in the interior of vehicles, including the seat belts, seat backs and cushions, trim panels, and headliner must comply with the burn resistance requirements of Standard No. 302 to reduce deaths and injuries in the event of a fire in the vehicle's interior. If your device renders inoperative the belt fit and comfort requirements specified in Standard No. 208 or does not comply with burn resistance requirements, it could not be installed in a vehicle by any manufacturer, distributor, dealer, or repair shop. I note that NHTSA has received a number of inquiries about devices similar to the one you plan to sell. As we have advised others, this agency is concerned that a belted occupant could inadvertently use such products to introduce excessive slack in the upper torso belt and thereby reduce the effectiveness of that belt. We encourage you to provide instructions with the product that warn users not to introduce excessive slack and provide detailed guidance for users on what is an excessive amount of slack. I have enclosed a general information sheet for new manufacturers that gives a thumbnail sketch of NHTSA's regulations and provides information on how to obtain copies of those regulations. 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 Enclosure"; |
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ID: aiam4151OpenMr. Jules N. Fiani, Ken-Guard Industries, Inc., P.O. Box 848, Brighton, MI 48116-0848; Mr. Jules N. Fiani Ken-Guard Industries Inc. P.O. Box 848 Brighton MI 48116-0848; Dear Mr. Fiani: Thank you for providing the agency with information about your product the Tot-Loc child safety seat belt buckle shield. Your product is designed to prevent children from inadvertently or intentionally opening the buckle of a safety belt. Your product is a piece of plastic which snaps around and covers the front of a buckle of a safety belt. To open the buckle, a person must insert a car or other key into a slot on top of the plastic cover and depress the safety belt buckle release with the key.; Although we understand your concern that young children not be able t easily get out of a safety belt, we have signification reservations about your product. I hope the following discussion explains our reservations and the effect of our regulations on your product.; Our agency has the authority to issue safety standards applicable t 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 any commercial products. Instead the National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.; Although we do not have any standards that directly apply to you product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your product are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. The agency does not determine the existence of safety defects except in the context of a defect proceeding, and thus is unable to say whether your product might or might not contain such a defect. However, the agency has reservations about your product because of our concern that people be able to easily and quickly operate a safety belt in an emergency. As the agency said last year on the related topic of the force level necessary to operate buckles in child restraints:; >>>The agency's safety concerns over child restraint buckle forc release and size stem from the need for convenient buckling and unbuckling of a child and, in emergencies, to quickly remove the child from the restraint. This latter situation can occur in instances of post-crash fires, immersions, etc. A restraint that is difficult to disengage, due to the need for excessive buckle pressure or difficulty in operating the release mechanism because of a very small release button, can unnecessarily endanger the child in the restraint and the adult attempting to release the child. (50 FR 33722, August 21, 1985).<<<; In addition, use of your product can be affected by sectio 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. One requirement of Standard No. 209, *Seat Belt Assemblies*, is that the pushbutton release for a safety belt must have a minimum area for applying the release force. Installation of your device by a commercial business could be prohibited since it apparently would substantially reduce the minimum area available for applying the release force to the safety belt pushbutton. In addition, Standard No. 302, *Flammability of Interior Materials*, requires new safety belts to meet a flammability resistance requirement. Thus, although Standard No. 302 does not directly apply to aftermarket equipment, commercial businesses could not install your device if it would mean that the safety belt no longer met the flammability resistance requirements of Standard No. 302.; The prohibition of section 108(a)(2(A) (sic) does not apply t individual vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, our policy is to encourage vehicle owners not to remove or otherwise tamper with vehicle safety equipment. Installation of your product by any person could be inconsistent with that policy.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam0591OpenMr. Jerry Warner, Manager, Foam Sales & Engineering, Keyston Brothers, 1000 Brannan Street, San Francisco, CA, 94103; Mr. Jerry Warner Manager Foam Sales & Engineering Keyston Brothers 1000 Brannan Street San Francisco CA 94103; Dear Mr. Warner: This is in reply to your letter of February 9, 1972, concerning th application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials,' to an interior upholstered panel that you manufacture. You state that the panel is made up of a vinyl surface, a self-extinguishing foam, and a backing, and that the three materials must be tested as a single unit, or separately.; Paragraph S4.2 of Standard No. 302 specifies as follows:>>>S4.2 Th portions of the components that shall meet the requirements of S4.3 are all of the following:; (a) The surface material taken separately if it is not bonded, sewed o mechanically attached to underlying material.; (b) A composite consisting of the surface material bonded, sewed o mechanically attached to underlying material, if such a composite is used in the component.; (c) Padding and cushioning materials taken separately, if thos materials are not bonded, sewed or mechanically attached to surface materials.<<<; Under the language of S4.2, your surface material, and the underlyin foam should be tested as a composite pursuant to subparagraph (b). If the backing is considered a padding or cushioning material, it should be tested separately pursuant to subparagraph (c).; A notice of proposed rulemaking which would amend paragraph S4.2 wa published May 26, 1971 (36 F.R. 9565), and a copy is enclosed for your information. We expect that a final rule based on this proposal will be published in the near future. Under the wording of the proposal your material would be tested under subparagraph (b) to a depth of 1/2 inch, and padding and cushioning material would be tested again under subparagraph (c).; We are pleased to be of assistance. Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam0605OpenMr. Louis Goldberg, Product Manager - Industrial Mastics, Daubert Chemical Company, 709 Enterprise Drive, Oak Brook, IL, 60521; Mr. Louis Goldberg Product Manager - Industrial Mastics Daubert Chemical Company 709 Enterprise Drive Oak Brook IL 60521; Dear Mr. Goldberg: This is in reply to your letter of February 14, 1972, concerning th application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials,' to industrial deadeners and underbody coatings that you manufacture for use in motor vehicles. You describe three uses of these products: as an undercoating, a deadener, and an adhesive, and enclose three brochures, each describing a different product.; Standard No. 302 applies to motor vehicles, and from a lega standpoint, manufacturers of component parts are not subject to its requirements. As the completed vehicle must comply with the standard, however, vehicle manufacturers, on whom the burden of compliance does rest, must ascertain that components they use in their vehicles do meet the standard's requirements.; In this context, and with reference to your products, paragraph S4.2 o the standard (copy enclosed), requires that certain portions of vehicle components, including composites consisting of both surface and underlying materials, meet the specified burn-rate requirements. (A notice of proposed rulemaking, published May 25, 1971, also enclosed, would modify to some degree this provision.) Where composites are involved, compounds used between the layers of the composite are required to meet the requirements as part of the composite. Thus, while we cannot make an exact determination from the general descriptions in your letter, it is quite possible that when your products are used as deadeners or adhesives they would appear in composites that are required to meet the standard. Whether the material actually comes into contact with passengers is not a criterion.; At the same time, under the standard only completed vehicles will b tested. We note from the brochures you have enclosed that your materials are not flammable after drying. If this is the case, you should not have a problem with conformity, as your material will be tested, where appropriate, in what we would assume would be its dry state.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4973OpenMr. Carl J. Clement Clement Associates 12785 Dianne Drive Los Altos Hills, CA 94022; Mr. Carl J. Clement Clement Associates 12785 Dianne Drive Los Altos Hills CA 94022; "Dear Mr. Clement: This responds to your letter of January 28, 199 requesting information on any Federal regulations that may affect a new product you are developing. The product is an electronically-operated automotive sun visor that would automatically detect the direction of sunlight or glare and reposition itself to shield the driver. I am pleased to have this opportunity to explain our regulations to you. By way of background information, 103 of the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1392) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards. In addition, the Safety Act requires manufacturers to recall and remedy any motor vehicle or item of motor vehicle equipment that contains a safety-related defect. NHTSA has issued two safety standards that apply to sun visors: Standard No. 201, Occupant protection in interior impact, and Standard No. 302, Flammability of interior materials. These standards are called vehicle standards, because they apply to new vehicles, not to individual pieces of equipment. The Safety Act specifies that vehicles must conform with all applicable safety standards up until the first purchase for purposes other than resale. Therefore, if your sun visor were installed as original equipment by a manufacturer of a new motor vehicle, the visor would have to comply with the requirements of these two standards. Standard No. 201 requires that the visor be 'constructed of or covered with energy-absorbing material' and that the visor's mounting must 'present no material edge radius of less than 0.125 inch that is statically contactable by a spherical 6.5-inch diameter head form.' The purpose of that requirement is to reduce the injuries that occur when unrestrained occupants strike the visor or its mounting with their heads. Standard No. 302 requires sun visors to meet the flammability resistance requirements of the standard. The standard specifies that the material used on the visor must not burn at a rate of more than four inches per minute. If a new vehicle is altered by the installation of your product prior to the vehicle's first sale to a consumer, the person making the installation is considered an 'alterer' and is required by 49 CFR Part 567, Certification, to certify that the vehicle complies with all applicable safety standards affected by the alteration. In addition to Standards No. 201 and 302, the installation of your product might affect the compliance of a vehicle with a number of other safety standards, including Standard No. 111, Rearview mirrors, and Standard No. 208, Occupant crash protection. After the first sale to a consumer, a vehicle is no longer required by Federal law to conform to all safety standards. However, 108(a)(2)(A) of the Safety Act provides as follows: 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... In order to avoid violating this provision, a manufacturer, dealer, distributor, or repair business which installed your sun visor would have to ensure that such installation enables the vehicle to continue to comply with all applicable safety standards. Violations of 108(a)(2)(A) are punishable by civil fines of up to $1,000 per violation. I note that 108(a)(2)(A) does not affect modifications made by vehicle owners to their own vehicles. Finally, under the Safety Act, your sun visor would be considered an item of motor vehicle equipment. If your sun visor will be sold as an item of equipment to be installed by the vehicle owner, there is currently no Federal motor vehicle safety standard that applies. However, even if there is no safety standard applicable to the item of motor vehicle equipment, the manufacturer is subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety defects. In the event that NHTSA or a manufacturer determines that a manufacturer's product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Additionally, a company making your product would be considered a manufacturer. A manufacturer is required by 49 CFR Part 566, Manufacturer Identification, to submit information identifying itself and its products to NHTSA not later than 30 days after it begins manufacture. I have enclosed an information sheet for new manufacturers which summarizes NHTSA's regulations and explains where to obtain copies of Federal motor vehicle 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, Paul Jackson Rice Chief Counsel Enclosure"; |
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.