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
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ID: aiam0951OpenMr. Richard H. Trampenau, Marketing Specialist, DION FR Polyester Resins, Diamond Shamrock Chemical Company, P. O. Box 829, Redwood City, CA, 94064; Mr. Richard H. Trampenau Marketing Specialist DION FR Polyester Resins Diamond Shamrock Chemical Company P. O. Box 829 Redwood City CA 94064; Dear Mr. Trampenau: This is in reply to your letters of October 9 and December 4, 1972 concerning the application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials', to motor homes and other multipurpose passenger vehicles.; You ask whether 'molded plastic exterior shells' of motor homes an other vehicles must meet the burn rate requirement of the standard, even when they are completely though variously covered in the vehicle interior. The answer to this question in both respects is no. Whether a material is subject to the requirement depends on whether it is used for producing any of the components listed under Paragraph S4.1 of the standard, either as a surface material, an underlying material, or a padding and cushioning material. Motor vehicle shells are not listed under Paragraph S4.1 and, therefore, they are not subject to the requirements of the standard.; You also ask whether 'molded plastic engine covers, separating th engine compartment from the passenger compartment,' must meet the burn rate requirement of the standard, even when they are completely though variously covered in the vehicle interior. Engine compartment covers are listed under Paragraph S4.1 of the standard, but they are subject to the requirements, as are all the listed components, only to the extent that they are part of the occupant compartment. Any material in the vehicle occupant compartment which covers that part of the engine compartment in juxtaposition with the occupant compartment would be considered an engine compartment cover. Under Paragraph S4.2 the portion of the engine compartment cover that must meet the requirements, as for any of the listed components, depends on whether the surface material is bonded, sewed, or mechanically attached to underlying material and thereby achieves an intimate joining of materials which are normally separate. The important question, then, is not so much how the covering for the molded plastic is attached, but how closely spaced are the attachment points. If the covering is not bonded, sewed, or mechanically attached to the underlying molded plastic so that an intimate joining is not achieved, then the covering would be considered the engine compartment cover and, under Paragraph S5.2.1, the thickness of the portion to be tested 'is that of the material as used in the vehicle, except that where the material's thickness exceeds 1/2 inch the specimen is cut down to that thickness.' On the other hand, if the covering and the molded plastic are attached so that an intimate joining is achieved, then the covering and the molded plastic would together be considered the engine compartment cover and, again under Paragraph S5.2.1, the thickness of the portion to be tested 'is that of the (composite) material as used in the vehicle, except that where the (composite) material's thickness exceeds 1/2 inch the specimen is cut down to that thickness.'; The manner of attachment, if any, of the molded plastic to its coverin does not affect the burn rate requirement. Where structural equipment such as shelves and bunks completely cover the molded plastic which separates the engine compartment from the passenger compartment, the engine compartment cover would not be subject to the requirements of the standard. However, should the structural equipment not completely cover the molded plastic engine cover, then it must meet the requirements.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5600OpenMs. Nancy Tavarez Bietrix Industries; Ms. Nancy Tavarez Bietrix Industries; "FAX 201-956-7070 Dear Ms Tavarez: This is in response to your FAX o August 8, 1995, with respect to the importation of 'Phoenix Halogen Auto Bulbs H4 series, H3, H1 and 9000 series- HB1 for the USA market.' We understand that you presently have a shipment of these awaiting entry. You state that 'Mr. Taylor Benson recently informed us that these lights required DOT approval.' Taylor Vinson repeatedly informed you on the phone that DOT does not approve bulbs or any other kind of equipment. If there is a Federal motor vehicle safety standard in effect covering an item of equipment, the manufacturer (or importer for resale) is responsible for certifying that the equipment complies with that standard. The certifier does not need DOT permission or approval for that action. The appropriate Federal regulations in this instance are Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment and 49 CFR Part 564 Replaceable Light Source Information. There is no Federal regulation that applies to the H4 bulb. Although the H4 bulb is legal for use only in motorcycle headlamps, neither Standard No. 108 nor Part 564 applies to motorcycle headlamp bulbs, and it is not necessary for H4 bulbs to be certified in order to enter the United States. H4 bulbs may not be used in headlamps for motor vehicles other than motorcycles. However, the HB2 bulb, based on the H4, is legal for use in headlamps for all types of motor vehicles. If the H1 and H3 bulbs are to be used for auxiliary lamps such as fog lamps, there is no Federal regulation that requires their certification either. However, if the H1 and H3 bulbs are intended for use in headlamps (the markings on their boxes may indicate this), they are subject to both Standard No. 108 and Part 564. What we require is that the bulb be marked with (1) the name and/or trademark registered with the U.S. Patent and Trademark Office of its manufacturer or of its importer (Bietrix), (2) the ANSI number, ECE identifier, and manufacturer's part number, individually or in any combination, and (3) a DOT symbol. The DOT symbol is the certification by Phoenix or by Bietrix that the H1 or H3 bulb has been designed to conform to the specifications for these bulbs that are on file in Part 564. We believe that Phoenix should be aware of these specifications. For your information, '(1)' is required by paragraphs S7.7(h) and S7.2(b) of Standard No. 108, '(2)' by paragraph S7.7(h) and section VIII of Appendix A of Part 564, and '(3)' by paragraphs S7.7(g) and (h) of Standard No. 108. I am FAXing a copy of paragraph S7.7 and Part 564 for your information. The HB1 light source is required to be marked with the same information as the H1 and H3 as indicated above, but the authority for this is paragraph S7.7(f), this also requires the base to be marked 'HB1'. However, the DOT symbol in this instance would represent the certification by Phoenix or by Bietrix that the HB1 bulb has been designed to conform to the specifications of paragraph S7.7(a) and Figure 3 of Standard No. 108. Again, we believe that Phoenix should be familiar with the specifications for the HB1 light source. If the HB1 light sources (or H1s and H3s for headlamp use) you wish to import bear all these markings, you may import them under Box 2A of the HS-7 Declaration Form as equipment certified as meeting the standards. If they do not bear these markings, they may not be imported until marked and certified by Phoenix or by Bietrix according to the regulations discussed above. If you have further questions, please call Mr. Vinson at (202)366-5263. Sincerely, John Womack Acting Chief Counsel Enclosures"; |
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ID: aiam4912OpenMr. Ronald Van Campenhout US Liaison Officer ABC Coach/Van Hool 17469 West Highway 50 Winter Garden, FL 34787; Mr. Ronald Van Campenhout US Liaison Officer ABC Coach/Van Hool 17469 West Highway 50 Winter Garden FL 34787; Dear Mr. Van Campenhout: This responds to your letter of August 29 1991, asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it applies to a situation you recently encountered in Florida. You state that 'one of our client's coaches was stopped by a DOT-inspector . . . and a compliance-audit with FMVSS-standards was performed.' According to the DOT inspector, 'the third, centrally mounted, rear stoplight needs to be illuminated, not only when the brake pedal gets activated, but also whenever the coach is parked with the engine running at high idle speed . . . .' It is your interpretation that the center light 'should only come on when pressure is applied to the brake pedal.' Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, is the Federal motor vehicle safety standard (FMVSS) that applies to the center highmounted stop lamp. Standard No. 108 does not require that the center highmounted stop lamp be activated when a vehicle is parked with the engine running at idle. In fact, S5.5.4 of Standard No. 108 specifies that the center lamp shall be activated only upon application of the service brakes. Thus, your interpretation is the correct one. There are other anomalies reported in your letter that I would like to address. First, Standard No. 108 does not require buses manufactured before September 1, l993, to be equipped with a center highmounted stop lamp (and, after that date, only buses with a GVWR less than l0,000 pounds and less than 80 inches in overall width must be so equipped). Apparently, the inspector was not informed that the requirement for certain buses to be equipped with center highmounted stop lamps does not take effect for nearly two more years. Second, this agency has no inspectors performing compliance audits of vehicles in service. We surmise that your coach may have been inspected by either the Florida State DOT, or the U.S. DOT's Federal Highway Administration (FHWA) for compliance with the Motor Carrier Safety Regulations. The FHWA, which concurs in this letter, does not require in its Motor Carrier Safety Regulations or elsewhere that stop lamps on a bus be illuminated when the service brakes are not being applied, even if the vehicle is idling. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam5572OpenMs. Denise Jones NiMi Manufacturing, Inc. 1044 Main St. Mosheim, TN 37818; Ms. Denise Jones NiMi Manufacturing Inc. 1044 Main St. Mosheim TN 37818; "Dear Ms. Jones: This responds to your letter to Ms. Deirdre Fujita o my staff asking about safety regulations, particularly for flammability resistance, for a device you call a 'Toddler Traveler pillow.' According to promotional literature you sent with your letter, the Toddler Traveler pillow is used with a child booster seat to provide 'padded comfort and support' to a child sleeping in the booster. The pillow provides a surface the child could lean on while sleeping. By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards (FMVSSs) 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, Congress has established a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information set forth in your letter and promotional literature. Currently there are no Federal motor vehicle safety standards (FMVSSs) that directly apply to the Toddler Traveler pillow. Our standard for 'child restraint systems,' FMVSS 213, applies to 'any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less.' The standard does not apply to accessory items, such as a pillow that is used with a child booster seat. Our standard for flammability resistance, FMVSS 302, applies to new motor vehicles and to new child restraint systems. It does not apply to child restraint accessory items. While no FMVSS applies to the Toddler Traveler pillow, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. 30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed a copy of those defect provisions, as well as an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. In addition, while it is unlikely that the Toddler Traveler pillow would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, 49 U.S.C. 30122 prohibits those businesses from installing the device if the installation 'makes inoperative' compliance with any safety standard. No commercial business listed in 30122 can install a Toddler Traveler pillow if the product undermines the vehicle's compliance with a safety standard, including Standard 302 for flammability resistance. The prohibition of 30122 does not apply to individual owners who install equipment in their own vehicles. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles. Before closing, we would like to comment on a further issue, one that you and Ms. Fujita discussed on the telephone. The advertising literature you enclosed with your letter described the Toddler Traveler pillow as being suitable for use with children ages '18 months to 4 years.' We believe this description is potentially confusing concerning the use of booster seats by young children. Booster seats are intended to be used as a transition to safety belts by older children who have outgrown convertible seats (ideally, over 40 pounds and 4 years). A booster seat is not designed to restrain young children, and under a requirement we recently adopted, cannot now be recommended for children under 30 pounds. Stating '18 months to 4 years' may be mistaken to imply that, with your pillow, a booster seat could be used to restrain a child as young as 18 months. To avoid any possible misunderstanding, we suggest that the phrase on recommended use of the pillow should refer to older children, such as those 'over 4 years.' One further note in closing. You said that a year ago, Ms. Fujita told you 'there are no codes to govern' your product. Ms. Fujita is concerned that you might believe you were given an oral interpretation of how our requirements apply to your product. Please note that we cannot give oral interpretations. Ms. Fujita provided you a copy of an interpretation we'd issued in the past on a child seat pillow accessory, while indicating that an interpretation of which requirements apply to your product must be from us in writing. (This letter comprises that interpretation.) We regret any confusion on this issue. I hope this information is helpful. If you have any other questions, please feel free to contact Ms. Fujita at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures"; |
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ID: aiam1862OpenMr L. Steenbock, Engineering Department, FWD Corporation, Clintonville, WI 54929; Mr L. Steenbock Engineering Department FWD Corporation Clintonville WI 54929; Dear Mr. Steenbock: This responds to your March 11, 1975, question whether the exceptio category of 'no cargo-or passenger-carrying capacity' found in S3 of Standard No. 121, *Air brake systems*, includes a vehicle designed to carry a driver and a second person to operate the vehicle's specialized equipment.; The answer to your question is yes. We use the word 'passenger' in thi context to mean a person who does not help to operate the vehicle or its equipment, *i.e.*, who is not part of an operating crew. Positions for the crew necessary to operate a vehicle's specialized equipment would not disqualify a vehicle under the passenger-carrying criterion.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam0770OpenMr. G. Doe, Vehicle Safety Manager, Lotus Cars Ltd., Norwich NOR 92W, Wymondham 3411, England; Mr. G. Doe Vehicle Safety Manager Lotus Cars Ltd. Norwich NOR 92W Wymondham 3411 England; Dear Mr. Doe: This is in reply to your letter of June 12, 1972, asking certai questions concerning Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials.'; You ask if the standard applies to small components that have a maximu dimension of less than 4 inches, such as control knobs, and if so, how such components are to be tested. The standard applies to those components enumerated in S4.1. Control knobs and switches would not be subject to the standard unless they are 'designed to absorb energy on contact by occupants in the event of a crash.' Such components may be tested using the heat resistant wires that are inserted in the U-shaped frame, as described in paragraph S5.1.3 of the standard. The NHTSA is currently considering an amendment to the standard, however, which would modify the requirements as they apply to small components.; In response to your second question, electrical wiring is not subjec to the standard.; Your third question is, if a headliner is glued to the roof, would th test specimen be taken from a finished vehicle in such a way as to include the exterior paintwork. The answer to this question is no. The application of the standard to headlining (S4.1) does not include the roof to which it is attached, as the roof is not part of the component.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5088OpenMr. Thomas Price ABAS Marketing, Inc. P.O. Box 5644 Norman, OK 73070; Mr. Thomas Price ABAS Marketing Inc. P.O. Box 5644 Norman OK 73070; "Dear Mr. Price: This responds to your letter asking about requirement for a device you call a 'noncomputerized antilock braking assist system,' for brakes installed on trucks and trailers. You stated that your device can be installed on vehicles equipped with air brake, electric brake, air over hydraulic brake, and vacuum/hydraulic brake systems. I am pleased to have this opportunity to explain our regulations to you. You asked what the agency's policy is regarding the approval, disapproval, or certification of any particular antilock brake system product. NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act ('Safety Act'), it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable standards issued by this agency. A manufacturer then certifies that its vehicles or equipment comply with applicable standards. You also asked for a listing of the various standards and regulations with which you should be conversant, given your product, and an explanation of the responsibilities under the Safety Act of three types of parties: an original equipment manufacturer, an alterer of a previously certified new motor vehicle prior to its first sale, and an installer of an ABS device on a used motor vehicle. NHTSA has issued two standards about brake systems: Standard No. 105, Hydraulic Brake Systems and Standard No. 121, Air Brake Systems. Standard No. 105 specifies requirements for hydraulic service brake and associated parking brake systems, and applies to new passenger cars, multipurpose passenger vehicles, trucks, and buses equipped with hydraulic brake systems. Standard No. 121 establishes performance and equipment requirements for braking systems on vehicles equipped with air brake systems, and applies to almost all new trucks, buses, and trailers equipped with air brake systems. The agency does not have a regulation specifically covering a device such as a 'noncomputerized antilock braking assist system' which is added to a brake system. However, since your device would be tied into a vehicle's brake system, it could affect a vehicle's compliance with Standard No. 105 and Standard No. 121. If one of your devices is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards, including Standard No. 105 and Standard No. 121. (See 15 U.S.C. 1397(a)(1) and 49 CFR Part 567.) If the device is added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. (See 49 CFR Part 567.7.) If the device is installed on a used vehicle by a business such as a garage, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative, 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. (See 15 U.S.C. 1397(a)(2)(A).) You should also be aware of the requirements of Safety Standard No. 106, Brake Hoses, which specifies requirements for motor vehicle brake hose, brake hose assemblies, and brake hose end fittings. That standard applies to new motor vehicle equipment as well as to new motor vehicles. You should check to see if any parts of your devices are subject to the requirements of Standard No. 106. I also note that manufacturers of aftermarket equipment are subject to the Safety Act's defect provisions. Should a safety-related defect be discovered in your device, whether by the agency or yourself, you as the manufacturer would be required to notify purchasers and dealers and provide a cost-free remedy for the defect. Enclosed is a copy of an information sheet entitled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment,' which further explains a manufacturer's responsibilities under NHTSA's regulations. You may also wish to review the Federal Highway Administration's Federal Motor Carrier Safety Regulations, which set forth requirements for commercial motor vehicles. The address of the Office of Motor Carrier Standards is included in the enclosed information sheet. Finally, you asked how you could secure or have access to the complete Docket No. 92-29-01. This docket includes responses to an advance notice of proposed rulemaking (ANPRM) in which NHTSA announced that it is considering proposing additional requirements that might require medium and heavy duty vehicles to be equipped with antilock brake systems. The complete docket, including all the responses to the ANPRM, can be reviewed at the agency's Docket Section, room 5109, 400 Seventh Street, S.W., Washington D.C. 20590. Docket hours are 9:30 a.m. and 4:00 p.m., Monday through Friday. A complete copy of the docket is also available for a fee to cover search and copying costs by contacting the agency's technical reference division at (202) 366-4949. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw 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: aiam0265OpenMr. B. Borisoff, Consulting Engineer, 5403 Blanco Avenue, Woodland Hills, CA 91364; Mr. B. Borisoff Consulting Engineer 5403 Blanco Avenue Woodland Hills CA 91364; Dear Mr. Borisoff: Reference is made to your letter of October 14, 1970 to Secretary Volp regarding our Consumer Information publication.; Concerning your comments on stopping distance, the wording used on pag 4 is the exact wording of this regulation. The category 'Stopping distance in feet with emergency brakes (partial service brake system)' is a generalization of the regulatory wording meant to convey the sense of this requirement to a consumer who may have no engineering background. The paragraph on page 193 paraphrases the regulatory wording. The title 'Partial Failure on One System' is, again, meant to convey the meaning to an otherwise uninformed consumer. I trust this clarifies the situation for you.; The reason many motorcycles are not listed is the fact that the dat was not received in time to be included in the book. I am enclosing copies of the data available for U.S. made motorcycles as you requested.; Volume 2, covering the 1971 makes and models will be availabl approximately November 15, 1970 and can be obtained from the Government Printing Office at a cost of $2.00. In addition two (2) new Consumer Aid publications entitled 'BRAKES - A Comparison of Braking Performance for 1971 Passenger Cars' and 'TIRES - A Comparison of Tire Reserve Load for 1971 Passenger Cars' will also be available at a cost of $.40 each.; Many thanks for your kind words and your interest in our motor vehicl safety program.; Sincerely, Rodolfo A. Diaz, Acting Associate Director, Motor Vehicl Programs; |
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ID: aiam2258OpenMr. T. Albert Yamada, Masaoka-Ishikawa and Associates, Inc., Suite 520, The Farragut Building, 900 Seventeenth Street, N.W., Washington, DC 20006; Mr. T. Albert Yamada Masaoka-Ishikawa and Associates Inc. Suite 520 The Farragut Building 900 Seventeenth Street N.W. Washington DC 20006; Dear Mr. Yamada: This responds to your February 24, 1976, request for affirmation that particular Takata Kojyo test procedure for applying force to a continuous loop Type 2 belt system meet[s] the requirements set forth in Standard 209, Seat Belt Assemblies.'; Section S4.4 of Standard No. 209 sets forth the requirements of th standard for assembly performance. Section S5.3(b) sets forth test methods that would be used in a determination of whether a Type 2 seat belt assembly conforms to the requirements of S4.4. Takata Kojyo's obligation as a manufacturer is to ensure that its certification of compliance is not false or misleading in a material respect, and that it has exercised due care in manufacturing to conform to Standard No. 209 (15 U.S.C. S 1397 (b) (2)). A manufacturer is not required to follow specifically the test procedures of the standards, but to ascertain, in the exercise of due care, that its product will conform to the standard's requirements when it is tested by the stated methods.; From your description, you have modified the existing procedures by us of a clamp to ensure that all force is applied to the lower torso webbing and hardware or, alternatively, to the upper torso webbing and hardware. While it appears that the contemplated test procedure may evidence the exercise of due care to certify compliance with S4.4, the NHTSA cannot approve a manufacturer's test procedure as the basis of due care in advance of the actual events that underlie certification. It is the manufacturer's responsibility to utilize sound engineering judgment in the exercise of due care.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam5067OpenMs. Patti Aupperlee 5961 St. Barbara St. West Palm Beach, FL 33415; Ms. Patti Aupperlee 5961 St. Barbara St. West Palm Beach FL 33415; "Dear Ms. Aupperlee: This responds to your letter asking about th Federal requirements that apply to the 'Cool Cover,' an accessory for child restraint systems. According to your letter, the purpose of the Cool Cover is to prevent a restraint system from becoming so hot from sun and heat in a vehicle that it can burn a child. The Cool Cover would shield the restraint while the restraint is not being used. You explain that when the restraint is used, the Cool Cover can be partially stored in a pouch. The pouch would be positioned at the top of the restraint for the child to use as a pillow. By way of background information, 103 of the National Traffic and Motor Vehicle Safety Act ('Safety Act,' 15 U.S.C. 1392) authorizes 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 response to your question, there are currently no Federal motor vehicle safety standards (FMVSS) that directly apply to the product you wish to manufacture. Under the authority of the Safety Act, NHTSA has issued Standard No. 213, Child Restraint Systems, which specifies requirements for child restraint systems used in motor vehicles and aircraft. However, Standard No. 213 applies only to new child restraint systems and not to aftermarket components of a child restraint system, such as an aftermarket cover for the restraint. I note, however, that there are other Federal laws that indirectly affect your manufacture and sale of the Cool Cover. 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 cover contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. 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 appears unlikely from the nature of your product that it would be placed in vehicles by persons in the aforementioned categories. However, if your product were to be installed by these persons, they should ensure that its installation does not compromise the safety protection provided by a child restraint system. A child restraint has elements of design that could be rendered inoperative by the Cool Cover. Standard No. 213 sets flame-retardant performance requirements for materials used in a child restraint system. (See S5.7 of Standard No. 213, referencing Standard No. 302, 'Flammability of Interior Materials.') Installation of rapidly burning materials could vitiate the compliance of the child restraint with Standard No. 213. Also, Standard No. 213 sets crash performance requirements for all new child restraint systems. Persons in the categories listed in 108(a)(2)(A) would have to ensure that the Cool Cover does not impair the function of the restraint's belts or other operating parts. (We note the statement in your letter that the Cool Cover does not impair the restraint's belts, etc.) Section 109 of the Safety Act specifies a civil penalty of up to $1,000 for each violation of 108. 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 the Cool Cover were placed on restraints by the restraint owners, your product need not meet any FMVSS. Nevertheless, in the interest of safety, we suggest you consider conforming your product to a flammability resistance standard equivalent to Standard No. 302. Also, you might consider providing consumer instructions that would reduce the likelihood that the Cool Cover might be used in a way that could interfere with the safety of the restraint. This might include an instruction on how to position the Cool Cover so that the restraint's belts would perform properly in a crash. I hope this information is helpful. If you have further questions, please contact Deirdre Fujita of my staff at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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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.