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 |
|---|---|
ID: 2655oOpen Mrs. Charlotte E. O'Neil Dear Mrs. O'Neil: This responds to your letter concerning the location of the clutch, brake and accelerator controls in a school bus that you drive. We apologize for the delay in our response. You stated that the seat of the school bus is about four inches too far to the right, and that these controls are therefore not in the usual location relative to the seat. You stated: "In order to reach the brake pedal I have to cross my right foot over my left," and expressed concern that a driver might accidentally hit the accelerator instead of the brake. You asked whether Federal Motor Vehicle Safety Standard No. l0l, Controls and Displays, prohibits placing controls in such difficult to reach locations and, if not, whether there is any way to get the law changed. The National Highway Traffic Safety Administration (NHTSA) issues safety standards covering new motor vehicles and/or new motor vehicle equipment. Since these standards do not apply to used vehicles, the issue of whether the bus you drive was required to meet Standard No. l0l depends on its date of manufacture. As you noted in your letter, Section S5.l of Standard No. l0l requires that certain controls, including the service brake, accelerator, and clutch, be "operable by the driver" when the driver is restrained by the crash protection equipment required by Standard No. 208. You asked whether, with this wording, any control that can be reached at all, even with difficulty, must be considered "operable." One of the stated purposes of Standard No. l0l is "to ensure the accessibility . . . of motor vehicle controls . . . in order to reduce the safety hazards caused by the diversion of the driver's attention from the driving task, and by mistakes in selecting controls." Thus, it is the intent of section S5.l to ensure that drivers are able to operate specified controls as part of the normal driving task. We note, however, that neither Standard No. l0l nor any other standard specifies the precise location of the service brake, accelerator and clutch controls, either relative to each other or to the seat. In answer to your question concerning how you may be able to get requirements changed "to forbid putting controls in difficult to reach locations," interested persons may petition the agency to commence rulemaking to issue or amend safety standards. I am enclosing a copy of the agency's regulation which sets forth procedures for submitting petitions for rulemaking. I am forwarding your letter to NHTSA's Office of Enforcement, which investigates consumer complaints about safety. A copy of this correspondence is being placed in the public docket. Sincerely,
Erika Z. Jones Chief Counsel Enclosure ref:l01 d:2/16/88 |
1988 |
ID: 1984-3.3OpenTYPE: INTERPRETATION-NHTSA DATE: 08/15/84 FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA TO: Arent; Fox; Kintner; Plotkin & Kahn TITLE: FMVSR INTERPRETATION TEXT:
Mr. Lawrence F. Henneberger Arent, Fox, Kintner, Plotkin & Kahn Washington Square 1050 Connecticut Avenue, NW Washington, DC 20036-5339
Dear Larry:
As requested, our office has reviewed the utility vehicle labels and Owner's Manual language proposed for use by American Motors Corporation on 1985 model year utility vehicles subject to the Utility Vehicle Consumer Information Regulation, 49 CFR 575.105. These materials were contained as Attachments A and B in your recent submission and are annexed hereto for convenience.
We have determined that the utility vehicle sticker and Owner's Manual language proposed by American Motors Corporation is in compliance with the referenced regulation.
Sincerely,
Frank Berndt Chief Counsel Enclosure
The following labels will be placed on 1985 Model Year American Motors utility vehicles:
Open-Body Utility Vehicles - Jeep CJ and Scrambler: WEAR SEAT BELTS AT ALL TIMES DON'T DRINK AND DRIVE
This is an open-body utility vehicle. It handles and maneuvers differently from many passenger cars both on-road and off-road. You must drive it safely. As with other utility vehicles, if you make sudden sharp turns or abrupt maneuvers, you may cause this vehicle to go out of control and roll over or crash--you or your passengers may be seriously injured. Read the driving guidelines in the Owner's Manual and Supplement.
Closed-Body Utility Vehicles - Wagoneer, Cherokee and Grand Wagoneer:
WEAR SEAT BELTS AT ALL TIRES DON'T DRINK AND DRIVE
This utility vehicle handles and maneuvers differently from many passenger cars both on-road and off-road. You must drive it safely. As with other utility vehicles, if you make sudden sharp turns or abrupt maneuvers, you may cause this vehicle to go out of control and roll over or crash--you or your passengers may be seriously injured. Read the driving guidelines in the Owner's Manual. ATTACHMENT A
Following is an extract of the American Motors Owner's Manual (specified utility vehicles), containing the required introductory statements:
An Important Message To You From Jeep Corporation
Thank you for selecting one of our 1985 Jeep models. Whichever your choice--Jeep CJ or Scrambler--be assured that it represents the precision workmanship, distinctive styling and high quality traditional with Jeep vehicles.
This is a specialized vehicle designed for both on-road and off-road use. It can go places and perform tasks for which conventional, 2-wheel drive, closed vehicles were not intended. However, on-pavement ride and handling will have a different feel from what drivers experience with other vehicles, so take time to become familiar with your vehicle.
This vehicle has a higher ground clearance, higher center of gravity and narrower track than many passenger cars. It is capable of performing better in a wide variety of off-road applications. Driven in an unsafe manner, all vehicles can be caused to go out of control. Because of the higher center of gravity and the narrower track, if this vehicle is out of control, it may roll-over when some other vehicles may not. You should not attempt sharp turns or abrupt maneuvers or other unsafe driving actions that can cause loss of vehicle control. Failure to operate this vehicle safely may result in an accident, roll-over of the vehicle and serious injury or death.
Because of their open-body construction, Jeep CJ's and Scramblers offer less protection than closed vehicles in the event of an accident. Although Jeep CJ's and Scramblers may be equipped with optional soft or hard tops to give the occupants protection from the weather, these tops do not offer structural protection in the event of an accident and do not change the open-body characteristic of the vehicle. Even though your Jeep CJ or Scrambler has a roll bar for some extra protection, it is a truly open vehicle--there is no steel structural integrated top and it has low sides and a folding windshield. Many of these vehicles have no real doors. Dangerous driving behavior presents more risk of injury to occupants of open- body vehicles. So drive carefully and wear safety belts at all times.
Drive carefully. Observe traffic laws. Use driver and passenger safety belts. Don't drive if you have been drinking or taking drugs. These are the best ways to avoid accidents and injury or death. It is especially important to practice safe, cautious driving techniques in driving open-body vehicles because they offer less protection in the event of an accident.
Human error is the primary or contributing factor in more than 90% of all traffic accidents that result in severe injury or death. Alcohol impairment is a major cause of fatal and other serious accidents and is particularly involved in single-vehicle crashes. Between 40% and 50% of fatally injured drivers were too intoxicated to have legally driven their motor vehicles under the laws of most states. Alcohol impairment may increase the seriousness of injury in an accident and may complicate the medical treatment of a serious injury. Excessive speed is a factor in at least 30% of all accidents that result in serious injury or death. Failure to use driver and passenger safety belts provided as standard equipment on nearly all vehicles is a major cause of serious injury or death. In fact, the U.S. government notes that the universal use of existing safety belts could cut the highway death toll by 10,000 or more each year, and could reduce disabling injuries by 2 million incidents annually.
Motor vehicle accidents are the leading cause of death among persons 15 to 34 years of age...more than disease or illness, more than all other accidents combined.
Operating this vehicle at excessive speeds or while intoxicated may result in loss of control, collision with other vehicles or objects, going off road, or overturning; any of which may lead to serious injury or death. Also, failure to use standard safety belts subjects the driver and passengers to a greater risk of being thrown out of an open-body vehicle than out of a closed vehicle in an accident.
Before you start to drive this vehicle, read the Owner's Manual Supplement "Driving Your 4-Wheel Drive Vehicle" including the on-pavement and off-road driving guidelines and be sure you are familiar with all vehicle controls, particularly shifting, steering and braking. Learn how your vehicle handles on different road surfaces. Your driving skills will improve with experience, but as in driving any vehicle, take it easy as you begin. When driving off-road or working the vehicle, don't overload it or expect it to overcome the laws of nature. Always observe federal, state, provincial and local laws wherever you drive. As with other vehicles of this type, failure to operate this vehicle correctly may result in loss of control or an accident. Be sure to read On-Pavement and Off-Road driving guidelines in this manual. Read the manual and all the supplements in the Owner's Kit before operating your Jeep vehicle.
Enjoy your new Jeep vehicle. When you need assistance, service or replacement parts, see your Jeep dealer.
Change of Address or Ownership
The National Traffic and Motor Vehicle Safety Act and the Clean Air Act require that the manufacturer be able to contact owners in the event of a product correction. Please complete the card included in the Owner's Kit when you change your address or purchase a used Jeep vehicle. Be sure to use the complete Vehicle Identification Number (VIN)--location described in this manual. If the card has been used, furnish the VIN and you name and address to:
In U.S.A. In Canada Jeep Corporation American Motors (Canada) Inc. Owner Relations 350 Kennedy Road South P.O. Box 442 Brampton, Ontario L6V 2M3 Detroit, Michigan 48232 Attn: Warranty Admin.Dept.
Warnings and Cautions
This manual contains WARNINGS against operating procedures which could result in an accident or bodily injury. It also contains CAUTIONS against procedures which could result in damage to your Jeep vehicle or accessory equipment. If you do not read this entire manual, you may miss important information. Observe all Warnings and Cautions.
Warning and Caution Labels
Various information labels affixed to your vehicle use a combination of colors and symbols. Bright orange labels WARN against operating procedures which could result in an accident or bodily injury. Bright yellow labels CAUTION against operating procedures which could result in damage to your vehicle. |
|
ID: 13960sew.labOpen Mr. Strawn Cathcart Dear Mr. Cathcart: This responds to your letter concerning the air bag warning label requirement adopted in Standard 213 by a November 27, 1996 final rule (61 FR 60206). I apologize for the delay in responding. The rule requires rear-facing child seats to have a specified label "permanently affixed to the outer surface of the cushion or padding in or adjacent to the area where a child's head would rest, so that the label is plainly visible or easily readable." S5.5.2(k)(4). You ask whether the standard would permit you to sew one side of the label in the fabric seam in the head area of the child seat cushion. You state that you have tried other methods of permanently affixing the label but each has been unsatisfactory. You state that heat transfer results in an illegible label, due to the uneven surface of woven fabrics. Sewing all four perimeter sides to the surface of the cushion causes wrinkling in the surface of the label, due to the thick foam to which the fabric is laminated, which can make the label difficult to read. You state that sewing one end of the label into the seam eliminates all of these problems. Our answer is that the label may not be sewn on only one side as you suggest. The air bag warning is, at this time, "the most important issue to communicate to consumers." 61 FR at 60214. NHTSA required the label to be where the child's head rests or adjacent to that area "to ensure that parents see the label each time they place the seat in a vehicle." Id. By virtue of its location and ease of detachment by cutting, tearing or pulling off a single row of stitching, the label you suggest invites removal. As such, we do not believe the label is likely to stay attached during the lifetime of the child restraint in satisfaction of the permanently affixed requirement of S5.5.2 (k)(4). If you have any further questions, please contact Deirdre Fujita of my staff at (202) 366-2992. Sincerely, |
1997 |
ID: nht94-4.14OpenTYPE: INTERPRETATION-NHTSA DATE: August 29, 1994 FROM: Platt, Debra, (Florida) TO: Office Of Chief Council, NHTSA TITLE: NONE ATTACHMT: Attached To Letter Dated 10/26/94 From Philip R. Recht To Debra Platt (A42; STD, 222) TEXT: Is a child partially sitting on a bus seat provided crash protection of Standard 222? I am referring to the third child (older children) sitting on the remaining few inches of a bus seat, not able to face forward, but facing the seat across the aisle. I implore you to respond as soon as possible. There is a possibility that the safety of many, many young lives are compromised daily. |
|
ID: 07-000309drnOpen
James A. Brunet II, President Excelsior Transportation Consultants, Inc. 18 Moonglow Road Wilton, NY 12831
Dear Mr. Brunet:
This responds to your request for information about Federal laws that apply when a motor vehicle repair facility modifies a school bus (after first sale) in order to meet the needs of its customers. You represent a client that operates a maintenance and repair facility that primarily works on such school buses. Your client has received requests from customers that in some cases, require the removal, disconnection or modification of a component that was installed pursuant to a Federal motor vehicle safety standard for the type of vehicle as built by the original manufacturer.
As an example, you noted that your client wishes to remove or disconnect equipment on a used school bus that was installed by the manufacturer in compliance with Federal Motor Vehicle Safety Standard (FMVSS) No. 222, School bus passenger seating and crash protection. The school bus seats would be removed and new non-school bus seats would be installed. In addition, a wheel chair lift and door would be installed. Upon completion, the bus would be returned to the owner, for use in non-school transportation.
Discussion
The National Highway Traffic Safety Administration (NHTSA) issues FMVSSs applicable to new motor vehicles and motor vehicle equipment. Chapter 301 of Title 49 of the United States Code, Motor Vehicle Safety (49 U.S.C. Section 30101 et seq.), establishes a self-certification process under which all manufacturers of new motor vehicles, including new school buses, are responsible for certifying that their new vehicles meet all applicable FMVSSs. The certification label requirements are listed in 49 CFR Part 567 Certification. Section 567.4(g)(7) specifies that the certification label must indicate the type of the vehicle being certified (e.g., truck, bus, trailer).
You posed the following questions, which are answered below:
Question 1 As a vehicle modifier/alterer (after first sale) does my client fall under the CFR definition of manufacturer? If so, does he have to register with NHTSA as such and what procedures need to be followed to do so?
The term manufacturer is defined in the National Traffic and Motor Vehicle Safety Act (Safety Act) (49 U.S.C.30102(a)(5)) as: a person (A) manufacturing or assembling motor vehicles or motor vehicle equipment; or (B) importing motor vehicles or motor vehicle equipment for resale. The agency would not consider your client to be an original manufacturer of the vehicle. Since your client is not a manufacturer, our regulation requiring manufacturers to identify themselves to NHTSA (49 CFR Part 566, Manufacturer identification) does not apply.[1] In addition, although you referred to your client as an alterer, we do not consider it to be an alterer. Alterer is defined in our regulations as: a person who alters by addition, substitution, or removal of components (other than readily attachable components) a certified vehicle before the first purchase of the vehicle other than for resale. (49 CFR Section 567.3, Definitions.) Since your client modifies used vehicles, it does not meet this definition.
Question Two As with the school bus example above, the vehicle, after modification, would no longer comply with the CFR definition of school bus. Is my client required to re-tag the vehicle as a type of vehicle that meets the NHTSA definition of the vehicle type into which it falls, after modification? (I.e., per the example above, a vehicle is classified as a school bus by the original manufacturer, is modified and would now, possibly fall under the definition/classification of a bus.)
Our answer is your client would not re-tag the vehicle, unless the modifications were so extensive that it was engaged in the manufacture of a new vehicle. (We assume that re-tagging means certifying the vehicle as complying with all applicable FMVSSs.)
The requirement to certify the compliance of vehicles with the FMVSSs only applies to new vehicles. However, there is a limit in Federal law on the modifications that commercial businesses may make to vehicles. (See May 21, 2003 letter to Ms. Teresa Stillwell, copy enclosed.) The limit is set forth in 49 U.S.C. 30122(b) of the Safety Act as follows:
Prohibition. A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard.
In general, this section prohibits the entities listed in Section 30122(b) from removing, disabling or otherwise making inoperative any of the safety systems or devices installed on the vehicle to comply with a safety standard. We regard modifiers such as your client to be a form of repair business for the purposes of this prohibition. However, with regard to modifications that change a vehicle from one vehicle type to another (e.g., from school bus to bus[2]), NHTSA has interpreted the provision to hold that the modifications do not violate the make inoperative prohibition as long as the converted vehicle complies with the safety standards that would have applied if the vehicle had been originally manufactured as the new vehicle type. This means in your case that the modification must not make inoperative the devices or elements of design installed with regard to bus standards.
You indicate that your client wishes to install platform lifts (wheel chair lift) on the buses. We have addressed the installation of lifts on used vehicles in a January 21, 2005 letter to Mr. Deny Bertrand of Prevost Car, Inc. (copy enclosed). As you can see from the letter, different requirements apply, depending on factors such as the date of manufacture of the vehicle and whether the underlying vehicle had a lift. If you have specific questions about a particular modification, such as the installation of a platform lift on a particular vehicle, please feel free to contact us.
Question Three In addition to complying with all applicable New York State requirements, other than those areas specifically addressed above, what other NHTSA/CFR requirements does my client need to comply with?
Because of the variety of fact situations involved, it is difficult to address all possible scenarios, so it is more appropriate for us to provide opinions on a case-by-case basis. Different FMVSSs may apply to the modification, depending on the equipment that is being installed on the vehicle, whether there is an FMVSS that applies to that equipment item (for example, a new seat belt assembly would have to meet FMVSS No. 209, Seat belt assemblies, even when installed on a used vehicle), the date of manufacture of the underlying vehicle, etc. It is your clients responsibility to meet all applicable requirements. We also note that the Departments Federal Motor Carrier Safety Administration (FMCSA) has jurisdiction over interstate motor carriers operating in the United States. You may contact the FMCSA at (202) 366-4009 for further information about that agencys regulations.
I hope this information is helpful. If you have any further questions, please feel free to contact Ms. Dorothy Nakama of my staff by telephone at (202) 366-2992. Our new address is: Office of the Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE, Mail Code: W41-227, Washington, DC 20590.
Sincerely yours,
Anthony M. Cooke Chief Counsel
Enclosures ref:VSA d.6/18/07 [1] We note, however, that some modifications to a used vehicle could be so extensive so as to be considered a manufacture of a new vehicle. (For example, if a used bus body were placed on a new chassis, we would consider the resulting vehicle to be a new motor vehicle.) For information about this issue, see the enclosed copy of the March 16, 1988 letter to Morris East. [2] By NHTSAs definition, a bus is a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons. (See 49 CFR 571.3, Definitions.) |
2007 |
ID: 20040a.nhfOpenMs. Heidi Lynn Wood Dear Ms. Wood: This responds to your letter requesting permission to replace the original steering wheel and column in a 1998 or 1999 Dodge Caravan with a smaller steering column and reduced diameter steering wheel. I apologize for the delay in my response. You explain that you need the new steering wheel and column to accommodate your condition, osteogenesis imperfecta. You enclosed a letter from your doctor and an evaluation from a certified driver rehabilitation specialist who recommended replacing the original equipment manufacturer's (OEM) steering wheel and column with a reduced diameter steering wheel to accommodate your limited range of motion. This letter provides the relief you seek. We will not institute enforcement proceedings against a commercial entity that modifies the steering wheel and column on a vehicle to accommodate your condition. We would like to begin by explaining that the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to certify that their products conform to our safety standards before the products can be offered for sale. After the first sale of a vehicle, manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard. In general, the "make inoperative" prohibition (49 U.S.C. 30122) requires businesses which modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable standard. Violations of this prohibition are punishable by civil penalties of up to $1,100 per violation. There is no procedure by which businesses petition for and are granted permission from NHTSA to modify a motor vehicle. Businesses are permitted to modify vehicles without obtaining permission from NHTSA to do so, but are subject to the make inoperative provision of 49 U.S.C. 30122. In certain limited situations, we have exercised our discretion in enforcing our requirements to provide some allowances to a business which cannot conform to our requirements when making modifications to accommodate the special needs of persons with disabilities. Removing the original steering wheel and column and replacing them with a smaller wheel and column could affect compliance with seven standards: Standard No. 101, Controls and displays, Standard No. 124, Accelerator control systems, Standard No. 203, Impact protection for the driver from the steering control system, Standard No. 204, Steering control rearward displacement, Standard No. 207, Seating systems, Standard No. 208, Occupant Crash Protection, and Standard No. 209, Seat belt assemblies. For example, Standard No. 208, Occupant Crash Protection, requires vehicles to be equipped with specific manual and automatic restraint systems (e.g., seat belts and air bags) and to meet specified injury criteria during a test. Removing the air bag would affect the vehicle's compliance with Standard No. 208. However, as noted above, in situations such as yours where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider violations of the "make inoperative" prohibition to be justified by public need. Accordingly, NHTSA will not institute enforcement proceedings against a business that modifies the steering wheel and air bag to accommodate your condition. We caution, however, that only necessary modifications should be made. In addition, the person performing the modifications should consult with the vehicle manufacturer to determine how to disarm the air bag. The manufacturer should be able to provide information on how the modification can be safely performed. We are enclosing a warning label stating that the air bag has been deactivated. For the safety of everyone who may ride in the vehicle, we ask that you affix this label on the sun visor above the deactivated air bag. We encourage you to always use the vehicle's safety belts or other belt-type restraint appropriate for your disability. Finally, if you sell the vehicle, we urge you to advise the purchaser that the vehicle has been modified, and consider reinstalling the removed safety equipment if appropriate. You may be interested to know that the agency is working on a rulemaking to regulate the aftermarket modification of vehicles for persons with disabilities by setting out exemptions from the make inoperative prohibition only for certain standards, including Standard No. 208, and under certain conditions. In place of the agency's current approach where each request for exemption from the make inoperative prohibition is reviewed case-by-case, this rulemaking would give clear guidance to modifiers about principles to follow when considering vehicle modifications to accommodate someone's disabilities. You should show this letter to the dealer or repair business when you take your vehicle in to be modified. If you have other questions or require additional information, please contact Nicole Fradette of my staff at this address or by phone at (202) 366-2992. Sincerely, |
1999 |
ID: nht78-3.27OpenDATE: 02/14/78 FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA TO: Ward Industries, Inc. TITLE: FMVSS INTERPRETATION TEXT: This responds to your December 14, 1977, letter asking whether the rear push out window emergency exit option in Standard No. 217, Bus Window Retention and Release, is limited to rear-engine school buses. The National Highway Traffic Safety Administration (NHTSA) initially proposed that this option be restricted to rear-engine school buses. Comments to that rulemaking, however, persuaded the agency to permit the use of these emergency exits on all school buses regardless of the location of the engine or passenger seats. That determination was explained in the preamble to the final rule published on June 3, 1976 (41 FR 22356) (enclosed). I trust that this fully responds to your question. SINCERELY, WARD Industries, Inc. December 14, 1977 Joseph Levin, Chief Office of Chief Counsil National Highway Traffic Safety Admn. Re: FMVSS 217 Dear Mr. Levin: Paragraph S5.2.3.1(b) and referenced Figure 3C of FMVSS 217 permits the use, as a manufacturer's option, one emergency door on the vehicle left side and a pushout rear window (16 inches x 48 inches). Does this standard permit the use of this rear window in other than rear engine type vehicles? We have had requests from schools to manufacture a conventional school bus equipped with the above combination of emergency exits. Since Figure 3C of referenced FMVSS shows a rear shelf between the rear seat and the rear wall, does this prohibit the use of the rear pushout window when seats are located all the way to the rear wall? An early response to this petition for clarification will be appreciated. E. M. Ryan, Chief Design Engineer cc: BUD RYAN; JAMES STRAUB |
|
ID: nht94-3.65OpenTYPE: INTERPRETATION-NHTSA DATE: July 11, 1994 FROM: Paul Frink -- Engineering Manager, AVIONIC STRUCTURES, INC. TO: Office of Chief Council, NHTSA TITLE: Ref: Interpretation of 571.206 Standard No. 206; Door Locks and Door Retention Components. S4. Requirements. ATTACHMT: Attached to letter dated 09/02/94 from John Womack to Paul Frink (A42; STD. 206) TEXT: Avionic Structures, Inc. is in the process of manufacturing a door/door frame system that is specifically intended to be installed in a vehicle classified as a Recreational Motor Home. The door/door frame system is located on the passenger side of the vehicle and directly across from the drivers seat. The location and use of this door is as the primary egress for the vehicle. The passenger seat is in close proximity to this door, however, as shown on the diagram enclosed the passenger seat is behind the step area extending from the door opening into the coach. The door/door frame assembly, as manufactured by Avionic Structures is installed into the side wall of the vehicle (motor home) and bolted into place by the vehicle manufacturer. The door/door frame assembly is thus a component part of the sidewall. Se e Dwg. 1. The door hinging is located between the forward vertical post of the door and the forward vertical member of the frame. The locking and latching components are opposite the hinges on the trailing post of the door and frame. See Dwg. 2. The double rotor latch and striker bolt are components purchased from Tri-Mark Corporation. These components have been subjected to the test requirements of SAEJ839-JUL92 static load testing. The report submitted by Tri-Mark Corporation to Avionic Stru ctures indicates their units met or exceeded these requirements. See enclosed data sheet from Tri-Mark. Since the door we have described to you is the only egress for occupants and belongings, as generally used in the living quarters of a Motor Home, Avionic Structures feels it is important for us to understand what category (for testing requirements) this installation falls under. We would appreciate a clarification as to the need for this door/door frame system to conform to a specific portion of DOT Standard No. 206. Thank you in advance for your help and prompty reply. DRAWINGS OMITTED |
|
ID: 3300yyOpen Mr. Terry Semprini Dear Mr. Semprini: This responds to your letter of December 10, 1991, to Taylor Vinson of this Office, asking whether a lighting device developed by your company "is legal to run in all of the United States." From the pictures you enclosed, we note that your device is a diamond-shape lamp, incorporating six amber lamps which form right and left turn signals. In addition, four red lamps are used for stop and hazard warning lamp purposes. These lamps are arranged in a V shape at the top of the device, and an inverted V at the bottom. In the photos you enclosed, the device appears installed near the top of the truck, to the left of the vertical centerline, midway between the centerline and the left edge of the vehicle. It appears that the intent of this device is, in the position depicted, to serve as the vehicle's turn signal lamps, hazard warning signal lamps, and stop lamps in the event that the original equipment lamps were obscured by one or more intervening vehicles. This would occur were the stop lamps and turn signal lamps mounted at the bottom of the vehicle body, as depicted in your photographs. By way of background information, Section 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 Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 108, Lamps, Reflective Devices, and Associated Equipment (49 CFR 571.108). Standard No. 108 applies to new motor vehicles and to lamps, reflective devices, and associated equipment for replacement of original equipment lamps, reflective devices, and associated equipment. As noted above, it appears that your company's lighting device would be offered as an aftermarket item to supplement, not replace, the original equipment lamps. Assuming this is the case, Standard No. 108 would not directly apply to your company's lighting device and your company would not be required to certify that the lighting device conforms with Standard No. 108. Even though Standard No. 108 does not appear to directly apply to this lighting device, there is a provision of the Safety Act that applies to the installation of aftermarket items of motor vehicle equipment. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) prohibits any manufacturer, distributor, dealer, or repair shop 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. The effect of this provision is to make it unlawful for any of the named commercial establishments to add or replace any lamp, reflective device, or associated equipment on a motor vehicle if the commercial establishment knows or should know that the addition of the aftermarket lighting equipment results in the vehicle no longer complying with Standard No. 108. It appears that your company's lighting device would "render inoperative" the required lighting equipment on a trailer by impairing its effectiveness. First, we note that the device as positioned fails to fulfill basic locational requirements of Standard No. l08 that rear lamps be installed one on each side of the vertical centerline and as far apart as practicable. The signal sent by these lamps could therefore be perceived as conflicting or unclear when viewed simultaneously with the original equipment lamps. Second, we note that the hazard warning system of the device operates through the stop lamps rather than through the turn signal system as is the case with original equipment. This means that a viewer could be faced with the necessity of interpreting the meaning of simultaneously flashing red and amber lamps on the rear of the vehicle, as well as the meaning of the original stop lamps should the brakes also be applied. Finally, we note that the stop lamp portion of the device, two lamps forming a V and two more an inverted V, form a lighting array that the public does not associate as a traditional stop lamp system, usually circular or rectangular lamps. Thus, a viewer to the rear could be faced with a momentary delay in interpreting the meaning of the simultaneous appearance of light from the stop lamps, and from the auxiliary device mounted to the left of center on the rear of the vehicle. For the above reasons, we view your device as having the potential to render inoperative certain rear lamps required on trailers by Standard No. 108. Accordingly, it would be a violation of Federal law for any manufacturer, distributor, dealer, or repair shop to install your company's lighting device on a customer's trailer. This "render inoperative" prohibition does not apply to individual vehicle owners. Vehicle owners may add lighting devices or make other modifications to their own vehicles without violating any provision of Federal law, even if the owner's modifications result in the vehicle no longer complying with Standard No. 108. However, the individual States are free to establish whatever restrictions, if any, they deem appropriate on individual owner modifications. Thus, a State or States might choose to prohibit individual owners from equipping their trailers with your company's lighting device. We are unable to advise you on the laws of the individual States. You can obtain further information on State laws by writing to: American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203. Sincerely,
Paul Jackson Rice Chief Counsel /ref:108#VSA d:1/23/92 |
1992 |
ID: nht92-9.40OpenDATE: January 23, 1992 FROM: Paul Jackson Rice -- Chief Counsel, NHTSA; Signature by Stephen P. Wood TO: Terry Semprini -- Executive Director, Cycle Country Accessories Corp. TITLE: None ATTACHMT: Attached to letter dated 12/10/91 from Terry Semprini to Taylor Vinson (OCC 6779) TEXT: This responds to your letter of December 10, 1991, to Taylor Vinson of this Office, asking whether a lighting device developed by your company, "is legal to run in all of the United States." From the pictures you enclosed, we note that your device is a diamond-shape lamp, incorporating six amber lamps which form right and left turn signals. In addition, four red lamps are used for stop and hazard warning lamp purposes. These lamps are arranged in a V shape at the top of the device, and an inverted V at the bottom. In the photos you enclosed, the device appears installed near the top of the truck, to the left of the vertical centerline, midway between the centerline and the left edge of the vehicle. It appears that the intent of this device is, in the position depicted, to serve as the vehicle's turn signal lamps, hazard warning signal lamps, and stop lamps in the event that the original equipment lamps were obscured by one or more intervening vehicles. This would occur were the stop lamps and turn signal lamps mounted at the bottom of the vehicle body, as depicted in your photographs. By way of background information, Section 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 Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 108, Lamps, Reflective Devices, and Associated Equipment (49 CFR S571.108). Standard No. 108 applies to new motor vehicles and to lamps, reflective devices, and associated equipment for replacement of original equipment lamps, reflective devices, and associated equipment. As noted above, it appears that your company's lighting device would be offered as an aftermarket item to supplement, not replace, the original equipment lamps. Assuming this is the case, Standard No. 108 would not directly apply to your company's lighting device and your company would not be required to certify that the lighting device conforms with Standard No. 108. Even though Standard No. 108 does not appear to directly apply to this lighting device, there is a provision of the Safety Act that applies to the installation of after market items of motor vehicle equipment. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) prohibits any manufacturer, distributor, dealer, or repair shop 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. The effect of this provision is to make it unlawful for any of the named commercial establishments to add or replace any lamp, reflective device, or associated equipment on a motor vehicle if the commercial establishment knows or should know that the addition of the aftermarket lighting equipment results in the vehicle no longer complying with Standard No. 108. It appears that your company's lighting device would "render inoperative" the required lighting equipment on a trailer by impairing its effectiveness. First, we note that the device as positioned fails to fulfill basic locational requirements of Standard No. 108 that rear lamps be installed one on each side of the vertical centerline and as far apart as practicable. The signal sent by these lamps could therefore be perceived as conflicting or unclear when viewed simultaneously with the original equipment lamps. Second, we note that the hazard warning system of the device operates through the stop lamps rather than through the turn signal system as is the case with original equipment. This means that a viewer could be faced with the necessity of interpreting the meaning of simultaneously flashing red and amber lamps on the rear of the vehicle, as well as the meaning of the original stop lamps should the brakes also be applied. Finally, we note that the stop lamp portion of the device, two lamps forming a V and two more an inverted V, form a lighting array that the public does not associate as a traditional stop lamp system, usually circular or rectangular lamps. Thus, a viewer to the rear could be faced with a momentary delay in interpreting the meaning of the simultaneous appearance of light from the stop lamps, and from the auxiliary device mounted to the left of center on the rear of the vehicle. For the above reasons, we view your device as having the potential to render inoperative certain rear lamps required on trailers by Standard No. 108. Accordingly, it would be a violation of Federal law for any manufacturer, distributor, dealer, or repair shop to install your company's lighting device on a customer's trailer. This "render inoperative" prohibition does not apply to individual vehicle owners. Vehicle owners may add lighting devices or make other modifications to their own vehicles without violating any provision of Federal law, even if the owner's modifications result in the vehicle no longer complying with Standard No. 108. However, the individual States are free to establish whatever restrictions, if any, they deem appropriate on individual owner modifications. Thus, a State or States might choose to prohibit individual owners from equipping their trailers with your company's lighting device. We are unable to advise you on the laws of the individual States. You can obtain further information on State laws by writing to: American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203. |
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.