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: aiam4812OpenMs. Rebecca Flint Polymeric Systems, Inc. Wheatland and Mason Streets Phoenixville, PA 19460; Ms. Rebecca Flint Polymeric Systems Inc. Wheatland and Mason Streets Phoenixville PA 19460; "Dear Ms. Flint: This responds to your letter asking whether thi agency must approve your product, an epoxy putty that could be used to repair leaking gas tanks. You said a customer would like to market your product 'for fleet (buses and truck) maintenance.' The answer is no, the National Highway Traffic Safety Administration (NHTSA) does not approve or certify products. By way of background, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards (FMVSS's) applying to the manufacture of new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our FMVSS's. Instead, under the National Traffic and Motor Vehicle Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all of our applicable safety standards. This process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. NHTSA regularly tests vehicles and equipment for compliance with the FMVSS's as part of its enforcement program. In addition, the agency also investigates safety-related defects in motor vehicles and items of motor vehicle equipment. There isn't any FMVSS that directly applies to repair putty for fuel tanks. Federal Motor Vehicle Safety Standard 301, Fuel System Integrity, sets performance requirements for new vehicles with a gross vehicle weight rating of 10,000 pounds or less and school buses. The standard does not apply to products sold to repair fuel tanks on vehicles already in use. Repair of a damaged fuel tank in a new vehicle would be affected by the statutory requirement that the vehicle, when first sold to a consumer, must comply with FMVSS 301. If a new vehicle's fuel tank is repaired prior to such sale, the person making the repairs would be considered a vehicle alterer under our regulation on certification (Part 567, copy enclosed). As an alterer, the person must certify that the fuel system, as altered, continues to comply with all of the applicable requirements of Standard 301. After a vehicle is first sold to a consumer, repairs to a vehicle are potentially affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits manufacturers, distributors, dealers, or motor vehicle repair businesses from knowingly rendering inoperative any device or element of design installed in compliance with a FMVSS. However, the agency does not view that prohibition as applying to the repair of a fuel tank which has been previously installed in a vehicle and damaged in use. The agency considers the event that damaged the fuel tank and not any subsequent action by a person repairing the damaged tank in a used vehicle as the event that 'rendered inoperative' the compliance of the fuel tank with the standard. Thus, a person in one of the aforementioned categories may use the putty to repair a damaged fuel tank on a used vehicle without regard to the render inoperative prohibition. Of course, however, NHTSA urges all persons repairing motor vehicles to ensure that the repair is done safely. The prohibition of section 108(a)(2)(A) does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may use the repair putty regardless of its effect on the performance of fuel tanks. However, NHTSA encourages vehicle owners not to tamper with vehicle safety equipment if the modification would degrade the safety of the vehicle. An issue raised by your inquiry is whether the putty is 'motor vehicle equipment' under the Vehicle Safety Act. Manufacturers of motor vehicle equipment are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. As discussed below, we believe the putty is not motor vehicle equipment. Section 103(4) of the Act 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 . . . (emphasis added). In determining whether an item of equipment is considered an 'accessory . . . to the motor vehicle,' NHTSA applies not only the relevant statutory language, but also two criteria. The first criterion is whether a substantial portion of the expected uses of the item are related to the operation or maintenance of motor vehicles. We determine the expected uses by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be used principally by ordinary users of motor vehicles (e.g., items normally used by professional vehicle repair and maintenance personnel would not qualify). If the product satifies both criteria, the product is considered to be an 'accessory' and thus is subject to the provisions of the Safety Act. Applying these criteria to your inquiry, the first criterion appears to be satisfied because a substantial portion of the expected uses of the putty is related to the operation or maintenance of motor vehicles. The second criterion, however, does not appear to be satisfied. In a December 21, 1990 telephone conversation with Ms. Fujita of my staff, you stated that the putty would be sold to professional mechanics only. Since your product is not intended for use by ordinary vehicle users, the putty is not considered to be motor vehicle equipment. Our sister agency in the Department, the Federal Highway Administration (FHWA), has operational and equipment requirements for commercial vehicles used in interstate commerce. We will forward a copy of your letter to the FHWA for information about those requirements. I hope this information is helpful. Sincerely, Paul Jackson Rice Chief Counsel Enclosures"; |
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ID: aiam5425OpenMs. Doris Hull Owner Sikeston Trailer Sales, Inc. Route 2, Box 2291 Sikeston, MO 63801; Ms. Doris Hull Owner Sikeston Trailer Sales Inc. Route 2 Box 2291 Sikeston MO 63801; Dear Ms. Hull: This responds to your letter of May 16, 1994, addresse to Mr. Robert Hellmuth, whom you identified as Chief Counsel. For your future information, Mr. Hellmuth is Chief of the Office of Vehicle Safety Compliance of this agency. I am the Acting Chief Counsel. Your letter referred to a May 13, 1994 telephone conversation that you and Mr. David McCormick had with Walter Myers of my staff concerning new and used tires on trailers. You asked for confirmation of your understanding of what was said during that conversation, as follows: (a) That as a trailer manufacturer you can sell to a dealer new trailers that are stacked one on top of the other, with new tires on the bottom trailer but no tires or wheels on the stacked trailers, (b) That you can sell used tires and rims but not installed on the new trailers, and (c) That you can separately sell used tires and rims to the purchaser of a trailer, then install them on the new trailer if the purchaser so requests. FMVSS No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars (copy enclosed) provides that vehicles equipped with pneumatic tires for highway service shall be equipped with tires that meet the requirements either of FMVSS 109, New Pneumatic Tires, or FMVSS No. 119, New Pneumatic Tires for Other Than Passenger Cars. Both those standards specify requirements for new tires. As an exception to those requirements, however, paragraph S5.1.3 of FMVSS No.120 provides that: A truck, bus, or trailer may at the request of the purchaser be equipped at the place of manufacture of the vehicle with retreaded or used tires owned or leased by the purchaser, . . . Used tires employed under this provision must have been originally manufactured to comply with Standard No. 119, as evidenced by the DOT symbol (emphasis added). With that background in mind, your understanding (a) above is correct. You stated to Mr. Myers that it is common practice in the industry to stack completed trailers one on top of another for shipment, with the bottom trailer being equipped with new tires. This office stated in a letter to Mr. Steve Thomas dated April 14, 1993 (copy enclosed), that new trailers may be sold without tires and wheels. Accordingly, it is permissible to ship trailers without tires and wheels, with new tires on the bottom trailer that is carrying the others. Your understanding (b) is also correct, but with a caveat. No provision of Federal law or regulation prohibits you from separately selling used tires and wheels that you own to anyone you want, including dealers. However, the practice you describe implies that the dealer will be installing the used tires you've provided on the new trailers, which would amount to a violation of Standard No. 120. The standard specifically provides that used or retreaded tires may be installed on new vehicles only at the place of manufacture, the dealer is not permitted to install used tires on new trailers, whether or not owned and requested by the purchaser. Further, a manufacturer that includes used tires with new vehicles, even though not installed on the new vehicle, could be considered to be contributing to a potential violation of the Federal motor vehicle safety standards by the dealer. With respect to understanding (c), S5.1.3, as noted above, requires that used or retreaded tires installed on a new vehicle be owned or leased by the purchaser of the vehicle. The standard, however, does not specify any length of time that the used or retreaded tires must be owned or leased by the vehicle purchaser, nor does the standard specify the source(s) from which the purchaser must have acquired the used or retreaded tires. Therefore, there is no prohibition against the purchaser of a trailer purchasing used or retreaded tires from a trailer manufacturer or from any other source, then requesting the manufacturer to install them on the new trailer. However, we have the following observations about the practice. The used/retreaded tire exception in S5.1.3 was included in the standard to accommodate bus and truck fleets who either purchase or lease tires on a mileage contract basis or who maintain tire banks. A mileage contract purchaser or lessor is one who purchases or leases tires on a per-mile basis. A tire bank is composed of serviceable tires that have been removed from vehicles no longer in service. Mileage contract purchases and tire banks are standard practices in the transportation industry and the agency assumed that those purchasers would select only safe, serviceable tires from their inventories for installation on their new vehicles. The agency also assumed that those purchasers would have owned and used those tires for some length of time prior to their being selected for installation on new vehicles. Thus, the practice of a new vehicle purchaser purchasing used tires from a trailer manufacturer and then asking the manufacturer to install them on the new vehicle was not envisioned by this agency when issuing Standard No. 120. None of the above would relieve trailer manufacturers from their responsibility to attach the required labels with the recommended tire and rim sizes and inflation pressures in accordance with 49 CFR Part 567. I hope this information is helpful to you. Should you have any further questions or need additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure; |
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ID: aiam5406OpenMr. Larry Wessels President Rocky Mountain Technology Engineering Corporation P.O. Box 280307 Lakewood, CO 80228-0307; Mr. Larry Wessels President Rocky Mountain Technology Engineering Corporation P.O. Box 280307 Lakewood CO 80228-0307; "Dear Mr. Wessels: This responds to your letter requesting a interpretation about the use of your product, the 'Handi-Slide.' You state that your invention is a locking system for securing and releasing a sliding semitrailer undercarriage. You further state that the system is tied into the trailer's air brake system. I am pleased to have this opportunity to explain our regulations to you. By way of background, the National Highway Traffic Safety Administration (NHTSA) administers Federal requirements for the manufacture and sale of new motor vehicles and items of motor vehicle equipment. NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. 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 all applicable Federal motor vehicle safety standards (FMVSS's). This process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. NHTSA tests vehicles and equipment sold to consumers for compliance with the FMVSS's and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which your product is installed on a new vehicle by the vehicle manufacturer.) A manufacturer of a noncomplying product that is subject to an FMVSS is also subject to a civil penalty of up to $1,000 for each noncomplying item it produces. I have enclosed an information sheet that highlights the responsibilities of motor vehicle equipment manufacturers. NHTSA does not have any specific FMVSS for semitrailer undercarriages. However, since the Handi-Slide is tied to a vehicle's air brake system, your product could affect a vehicle's compliance with Standard No. 121, Air Brake Systems. That standard applies to new trucks, buses, and trailers equipped with air brake systems, and specifies performance and equipment requirements for the braking systems on these vehicles. Your product could also affect the vehicle's compliance with Standard No. 106, Brake Hoses, which specifies requirements for the air brake hoses, fittings and assemblies on the vehicle. If the Handi-Slide 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 Standards No. 121 and 106. If the device were added to a previously certified new motor vehicle prior to its first consumer purchase, then 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. If the Handi-Slide were installed on a used vehicle by a manufacturer, distributor, dealer, or motor vehicle repair business, then the installer would not be required to attach a certification label. However, 108(a)(2)(A) of the Safety Act requires the installer not to knowingly render inoperative, in whole or in 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 FMVSS. Section 108(a)(2)(A) does not apply to vehicle owners modifying their own vehicles. I note that you provide an attachment titled 'Current NHTSA Locking Pin Safety Concerns' that references several Federal Motor Carrier Safety Regulations. Please note that these regulations are administered by the Federal Highway Administration (FHWA), not NHTSA. If you are interested in the FHWA requirements, you can write to that agency at the address provided in the enclosed information sheet. I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam5478OpenMs. Lori A. Hawker 20 Begonia St. Casper, WY 82604; Ms. Lori A. Hawker 20 Begonia St. Casper WY 82604; "Dear Ms. Hawker: This responds to your letter asking about safet regulations for a product you wish to manufacture. You describe the product as 'bunting' that fits inside an infant-only car seat. (An infant-only seat is lightweight and is easily used as an infant carrier to carry an infant to and from the car.) The bunting is intended as a substitute for a blanket. You state that the bunting has slots through which the harness on the car seat is threaded and the buckle of the harness is attached to the car seat. You believe that, when properly installed, 'the bunting in no way interferes with the adjustment or function of the safety straps or buckle mechanism.' By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle 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. The following represents our opinion based on the information in your letter. There is currently no Federal motor vehicle safety standard (FMVSS) that directly applies to your product. 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.' (S4 of FMVSS 213) The standard does not apply to child seat accessories that are sold separately from the child seats, such as car seat pillows, pads and bunting. While no FMVSS applies to the bunting, 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 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 bunting 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. Standard 213 specifies flammability resistance requirements for infant seats. Any person listed in 30122 who installs the bunting must ensure that the product does not vitiate the seat's compliance with those flammability resistance requirements. 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. I would like to close with the following remarks. It is crucial for the safety of an infant that the straps of its infant seat retain the baby's torso in a crash. Excessive slack in the straps due to the straps binding up on a fabric liner in the seat (such as bunting material), or because of excessive compression of the liner, can cause shoulder straps to move off an infant's shoulders. As a consequence, the infant can be ejected from the seat. We know that you recognize the importance of the straps in a crash, and that you believe that the bunting will not interfere with their adjustment or function. We underscore the importance of this feature. Bunting material that degrades the ability of an infant seat to restrain its occupant would be an obvious safety problem. I hope this information has been helpful. If you have any other questions, please feel free to contact Deirdre Fujita of my staff at this address or by phone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel Enclosure"; |
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ID: aiam3515OpenMr. James S. Nasby, Director of Engineering, Pathfinder Auto Lamp Company, 6201 W. Howard Street, Niles, IL 60648; Mr. James S. Nasby Director of Engineering Pathfinder Auto Lamp Company 6201 W. Howard Street Niles IL 60648; Dear Mr. Nasby: This responds to your November 25, 1981, letter to Roger Tilton of thi Office regarding the applicability of vehicle identification number (VIN) requirements to trailer kits manufactured by your company.; It is our view that these trailer kits must comply with the VI requirements of FMVSS 115. Your kits contain all components necessary to assembly a complete trailer, and are advertised as capable of being readily assembled with simple tools such as screwdrivers and wrenches. We see no relevant basis for distinguishing between such kits and completed trailers for purposes of determining the applicability of FMVSS 115.; While the VIN requirements do provide anti-theft benefits, they als are important to this agency in administering the defect recall program as well as to State motor vehicle departments and insurance companies. Further, even if this agency exempted trailer kits from VIN requirements, purchasers of your kits would likely face difficulties when they attempt to register their trailers with the States. We expect most states to soon begin checking VIN's as part of the vehicle registration process, and vehicles without a VIN or with a nonconforming identification number might face rejection by the state motor vehicle departments notwithstanding a technical exemption from NHTSA. We feel that in the long run, the best and simplest solution is for vehicle manufacturers to assign a VIN which meets the requirements of FMVSS 115.; Should you still wish to seek an exemption from the standard procedures for obtaining exemptions are set forth in Title 49 of the Code of Federal Regulations, Part 555, a copy of which is enclosed. Such exemptions are available for not more than three years.; You should also be aware that certification labels must contain bot the month and year of a vehicle's manufacture. See 49 CFR 567.5(b)(5). The copy of the label you sent us contains only the year of manufacture.; If you have further questions on this matter, feel free to contact u again.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam5429OpenMr. Gene Byrd Anderson Technology 17 Ross St. Jamestown, NY 14702-0759; Mr. Gene Byrd Anderson Technology 17 Ross St. Jamestown NY 14702-0759; Dear Mr. Byrd: This responds to your letter to former Chief Counse Paul Jackson Rice asking about the requirements of FMVSS 106, Brake Hoses, for reusable air brake hose end fittings. You indicate that you intend to produce these end fittings for use with SAE J844 plastic tubing. You also state that you have filed a manufacturer's designation with NHTSA, in accordance with S7.2.2(b) of Standard 106. You asked for confirmation that seven requirements in FMVSS 106 apply to reusable end fittings. The requirements you listed were: S7.2.2 (labeling), 7.3.1 (constriction), 7.3.8 (air pressure), 7.3.9 (burst strength), 7.3.10 (tensile strength), 7.3.11 (water absorption and tensile strength), and 7.3.13 (end fitting corrosion). Your understanding is essentially correct, with the following clarification. You are correct that each of these sections specifies a level of performance which is dependent on the performance of the end fitting. However, other than for S7.2.2 and 7.3.13, these requirements apply to air brake hose assemblies, and not to end fittings. This is relevant for purposes of determining the requirements for which an end fitting manufacturer would have to certify compliance. If you were only manufacturing and selling the end fitting, you would be responsible for certifying only to S7.2.2 and 7.3.13, since these requirements apply to end fittings (and not to 'assemblies'). As a practical matter, however, the assembly manufacturer would probably seek assurances from you that your end fitting will perform in a manner that will enable the manufacturer's assembly to meet the air brake hose assembly requirements of the standard. For your information, I am enclosing a copy of NHTSA's regulation for 'Manufacturer Identification' (49 CFR Part 566). This regulation requires a manufacturer of equipment to which an FMVSS applies (e.g., brake hose end fittings) to submit its name, address, and a brief description of the items of equipment it manufacturers to NHTSA within 30 days after it begins manufacture. I have also enclosed an information sheet that briefly describes other responsibilities for manufacturers of new motor vehicles and new items of motor vehicle equipment. I hope this answers your question. If you need other assistance, please feel free to contact Ms. Deirdre Fujita of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure; |
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ID: aiam5167OpenMr. John B. White Industry Standards & Government Regulations Michelin Post Office Box 2501 Greenville, SC 29602; Mr. John B. White Industry Standards & Government Regulations Michelin Post Office Box 2501 Greenville SC 29602; "Dear Mr. White: This responds to your letter asking the Nationa Highway Traffic Safety Administration (NHTSA) to clarify our certification procedures for the information of some of your customers. Specifically, you stated that some customers believe that you are required to test your tires for compliance with the Federal motor vehicle safety standards (FMVSS) and the Uniform Tire Quality Grading Standards (UTQGS), and that this agency then certifies your tires after reviewing and evaluating your test results. Those impressions are incorrect. All new tires sold in the United States for use on passenger cars must be certified by the manufacturer as complying with FMVSS 109, New pneumatic tires, found at 49 CFR 571.109, while all new tires sold for use on motor vehicles other than passenger cars must be certified as complying with FMVSS 119, New pneumatic tires for vehicles other than passenger cars, found at 49 CFR 571.119. The National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1381, et seq. (Safety Act) establishes a self-certification procedure applicable to new motor vehicles and new items of motor vehicle equipment, which includes tires. This means that the tire manufacturer, and not a governmental agency such as NHTSA, certifies that its tires comply with applicable FMVSSs. Each new tire must be certified as meeting the applicable FMVSSs regardless of whether the tire meets an equal or higher standard in another country. The UTQGS are set forth in 49 CFR 575.104. Those standards do not require certification in the same manner as the FMVSSs. The UTQGS require that manufacturers mold onto or into the sidewalls of their tires the comparative ratings of those tires for treadwear, traction, and temperature resistance for the use and benefit of consumers. Again, that is the manufacturers' responsibility and NHTSA neither reviews nor approves the ratings prior to their assignments by the manufacturers. Neither the Safety Act nor NHTSA standards and regulations require that a manufacturer base its certifications on any specific tests, any number of specified tests or, for that matter, any tests at all. A manufacturer is only required to exercise due care in certifying its tires. It is the responsibility of each tire manufacturer to determine initially what test results, computer simulations, engineering analyses, or other information it needs to enable it to certify that its tires comply with applicable Federal safety standards. Once a manufacturer has determined that its tires meet all applicable Federal safety standards, it certifies such compliance by molding the letters 'DOT' onto at least one sidewall of each certified tire. If manufacturers conduct any tests, they are not required by Federal law or regulation to release their test results to the public. This agency does not perform any pre-sale testing, approval, or certification of tires, whether of foreign or domestic manufacture, before introduction into the U. S. retail market. Similarly, NHTSA does not approve or certify manufacturers' test results. Rather, NHTSA randomly tests certified tires to determine whether the tires do, in fact, comply with applicable standards. For such enforcement checks, NHTSA purchases tires 'off the shelf' from retail tire dealers and tests those tires according to the procedures specified in the standards. If the tires pass the tests, no further action is taken. If they fail the tests and are determined not to comply with any applicable standard or standards, the manufacturer is responsible for recalling the tires and remedying the noncompliance without charge to the consumer. Government compliance test results are available to the public upon request from the NHTSA Technical Reference Division (NAD 52), 400 Seventh Street SW, Room 5108, Washington, D.C. 20590, (202) 366-2768. I hope this information will assist you in clarifying tire certification requirements to the satisfaction of your customers. If you have any further questions or desire further clarification, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam5168OpenMr. John B. White Industry Standards & Government Regulations Michelin Post Office Box 2501 Greenville, SC 29602; Mr. John B. White Industry Standards & Government Regulations Michelin Post Office Box 2501 Greenville SC 29602; "Dear Mr. White: This responds to your letter asking the Nationa Highway Traffic Safety Administration (NHTSA) to clarify our certification procedures for the information of some of your customers. Specifically, you stated that some customers believe that you are required to test your tires for compliance with the Federal motor vehicle safety standards (FMVSS) and the Uniform Tire Quality Grading Standards (UTQGS), and that this agency then certifies your tires after reviewing and evaluating your test results. Those impressions are incorrect. All new tires sold in the United States for use on passenger cars must be certified by the manufacturer as complying with FMVSS 109, New pneumatic tires, found at 49 CFR 571.109, while all new tires sold for use on motor vehicles other than passenger cars must be certified as complying with FMVSS 119, New pneumatic tires for vehicles other than passenger cars, found at 49 CFR 571.119. The National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1381, et seq. (Safety Act) establishes a self-certification procedure applicable to new motor vehicles and new items of motor vehicle equipment, which includes tires. This means that the tire manufacturer, and not a governmental agency such as NHTSA, certifies that its tires comply with applicable FMVSSs. Each new tire must be certified as meeting the applicable FMVSSs regardless of whether the tire meets an equal or higher standard in another country. The UTQGS are set forth in 49 CFR 575.104. Those standards do not require certification in the same manner as the FMVSSs. The UTQGS require that manufacturers mold onto or into the sidewalls of their tires the comparative ratings of those tires for treadwear, traction, and temperature resistance for the use and benefit of consumers. Again, that is the manufacturers' responsibility and NHTSA neither reviews nor approves the ratings prior to their assignments by the manufacturers. Neither the Safety Act nor NHTSA standards and regulations require that a manufacturer base its certifications on any specific tests, any number of specified tests or, for that matter, any tests at all. A manufacturer is only required to exercise due care in certifying its tires. It is the responsibility of each tire manufacturer to determine initially what test results, computer simulations, engineering analyses, or other information it needs to enable it to certify that its tires comply with applicable Federal safety standards. Once a manufacturer has determined that its tires meet all applicable Federal safety standards, it certifies such compliance by molding the letters 'DOT' onto at least one sidewall of each certified tire. If manufacturers conduct any tests, they are not required by Federal law or regulation to release their test results to the public. This agency does not perform any pre-sale testing, approval, or certification of tires, whether of foreign or domestic manufacture, before introduction into the U. S. retail market. Similarly, NHTSA does not approve or certify manufacturers' test results. Rather, NHTSA randomly tests certified tires to determine whether the tires do, in fact, comply with applicable standards. For such enforcement checks, NHTSA purchases tires 'off the shelf' from retail tire dealers and tests those tires according to the procedures specified in the standards. If the tires pass the tests, no further action is taken. If they fail the tests and are determined not to comply with any applicable standard or standards, the manufacturer is responsible for recalling the tires and remedying the noncompliance without charge to the consumer. Government compliance test results are available to the public upon request from the NHTSA Technical Reference Division (NAD 52), 400 Seventh Street SW, Room 5108, Washington, D.C. 20590, (202) 366-2768. I hope this information will assist you in clarifying tire certification requirements to the satisfaction of your customers. If you have any further questions or desire further clarification, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam2994OpenMr. C. J. Goode, Chief Engineer, Leyland Cars, P.O. Box 2, Meteor Works, Lode Lane, Solihull, West Midlands B92 8NW, England; Mr. C. J. Goode Chief Engineer Leyland Cars P.O. Box 2 Meteor Works Lode Lane Solihull West Midlands B92 8NW England; Dear Mr. Goode:#I regret the delay in responding to your July 17, 1978 letter petitioning for reconsideration of Federal Motor Vehicle Safety Standard 101-80, *Controls and Displays*. You requested that the standard be amended to add three ISO symbols so that British Leyland could adopt common specifications in satisfaction of both FMVSS 101-80 and EEC directive 78/316. Your petition is in effect granted in part and is denied in part.#You asked that the ISO symbol (an illuminated light bulb) for the Master Lighting Switch be either substituted for Headlamp and Tail Lamp symbol (an illuminated headlamp) specified in Table 1 of FMVSS 101-80 or added as an option to that specified symbol. This aspect of your petition is denied. If a vehicle contains a master lighting control in addition to a headlamp and tail lamp control, the Master Lighting Switch symbol may be used for the master lighting control. We recognize, however, that most vehicles presently sold in this country have one control that operates all lights, including the headlamps and tail lamps. On vehicles having one control for all lights, the control must be identified by the Headlamp and Tail Lamp symbol. We believe that this is appropriate since the headlamps and tail lamps are the most important lights controlled by a master light control. Further, we believe that the Headlamp and Tail Lamp symbol is more easily recognized than the Master Lighting Switch symbol.#You also asked that the ISO symbol for the Manual Choke be added to Table 1 and the ISO symbol for the Brake System be added to Table 2. No amendment of the standard is necessary to permit your use of these two symbols since FMVSS 101-80 does not specify any requirements regarding symbols for those items. Amendment of the standard to require the use of those symbols would require a new proposal to be issued since such an amendment would be beyond the scope of the October 12, 1976, proposal which led to the June 26, 1978 final rule. Treating this part of your petition as a petition for rulemaking instead of a petition for reconsideration, we grant it. It should be understood that granting the petition does not necessarily mean that an amendment will ultimately be adopted.#Sincerely, Michael M. Finkelstein, Associate Administrator for Rulemaking; |
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ID: aiam2995OpenMr. C. J. Goode, Chief Engineer, Leyland Cars, P.O. Box 2, Meteor Works, Lode Lane, Solihull, West Midlands B92 8NW, England; Mr. C. J. Goode Chief Engineer Leyland Cars P.O. Box 2 Meteor Works Lode Lane Solihull West Midlands B92 8NW England; Dear Mr. Goode:#I regret the delay in responding to your July 17, 1978 letter petitioning for reconsideration of Federal Motor Vehicle Safety Standard 101-80, *Controls and Displays*. You requested that the standard be amended to add three ISO symbols so that British Leyland could adopt common specifications in satisfaction of both FMVSS 101-80 and EEC directive 78/316. Your petition is in effect granted in part and is denied in part.#You asked that the ISO symbol (an illuminated light bulb) for the Master Lighting Switch be either substituted for Headlamp and Tail Lamp symbol (an illuminated headlamp) specified in Table 1 of FMVSS 101-80 or added as an option to that specified symbol. This aspect of your petition is denied. If a vehicle contains a master lighting control in addition to a headlamp and tail lamp control, the Master Lighting Switch symbol may be used for the master lighting control. We recognize, however, that most vehicles presently sold in this country have one control that operates all lights, including the headlamps and tail lamps. On vehicles having one control for all lights, the control must be identified by the Headlamp and Tail Lamp symbol. We believe that this is appropriate since the headlamps and tail lamps are the most important lights controlled by a master light control. Further, we believe that the Headlamp and Tail Lamp symbol is more easily recognized than the Master Lighting Switch symbol.#You also asked that the ISO symbol for the Manual Choke be added to Table 1 and the ISO symbol for the Brake System be added to Table 2. No amendment of the standard is necessary to permit your use of these two symbols since FMVSS 101-80 does not specify any requirements regarding symbols for those items. Amendment of the standard to require the use of those symbols would require a new proposal to be issued since such an amendment would be beyond the scope of the October 12, 1976, proposal which led to the June 26, 1978 final rule. Treating this part of your petition as a petition for rulemaking instead of a petition for reconsideration, we grant it. It should be understood that granting the petition does not necessarily mean that an amendment will ultimately be adopted.#Sincerely, Michael M. Finkelstein, Associate Administrator for Rulemaking; |
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.