NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
| Interpretations | Date |
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ID: aiam0479OpenMr. Paul F. Bennett, Utility Trailer Manufacturing Company, City of Industry, CA, 91747; Mr. Paul F. Bennett Utility Trailer Manufacturing Company City of Industry CA 91747; Dear Mr. Bennett: This is in replay to your letter of October 28. We understand your apparent problem in mounting the middl identification lamp on the vertical centerline, near the extreme height of the vehicle. Since it is apparently impracticable to mount the lamps at this height, their relocation to a position under the door opening would appear to meet the requirement that identification lamps to mounted 'as close as practicable to the top of the vehicle' (Table II, Standard No. 108).; Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam5381OpenThe Honorable John A. Boehner Member, United States House of Representatives 5617 Liberty Fairfield Road Hamilton, Ohio 45011; The Honorable John A. Boehner Member United States House of Representatives 5617 Liberty Fairfield Road Hamilton Ohio 45011; "Dear Congressman Boehner: This responds to your letter of April 7 1994, to the Department of Transportation (DOT) on behalf of your constituents, John Cail Sr. and James Lipps of Eaton. Messrs. Cail and Lipps have requested your assistance in obtaining DOT 'approval and color code designation' for their 'Life Lites' system. This is a stop lamp system consisting of two 18-inch long 1/2-inch wide devices intended to be mounted on the front of a vehicle alongside the windshield pillars, to emit a light of either purple or coral. The system is activated with the rear stop lamps when the brakes are applied, and it is intended to warn observers to the front of a vehicle that the vehicle is braking. It 'could be mounted to most existing vehicles and could be readily incorporated into new car designs.' The National Highway Traffic Safety Administration (NHTSA)is the component of DOT that is responsible for motor vehicle safety under the National Traffic and Motor Vehicle Safety Act. The Act does not authorize NHTSA to 'approve' or disapprove safety inventions such as Life Lites. We do advise, however, whether such inventions are permitted under the Act and applicable regulations such as the Federal motor vehicle safety standards. The fact that a device may be permitted under NHTSA laws must not be interpreted as our approval or endorsement of it. The standard that applies to motor vehicle lighting is Standard No. 108 Lamps, Reflective Devices and Associated Equipment. Life Lites emitting either color may be installed as original equipment by the manufacturer, distributor, or dealer at the time a vehicle is sold to its first purchaser provided that it does not impair the effectiveness of any of the frontal lighting equipment required by Standard No. 108 such as headlamps and turn signals. The materials you enclosed show a color closeup newspaper photo of a Life Lite in operation, its relatively low output does not appear sufficient to impair headlamp effectiveness. There would be concern, however, if it were to distract attention from an operating turn signal and, in this sense, impair its effectiveness. However, the responsibility for determining whether supplemental original lighting equipment impairs the effectiveness of the required lighting equipment rests with the installer, and NHTSA will not question this determination unless it appears clearly erroneous. Life Lites that are sold in the aftermarket and intended for vehicles in use, are prohibited by the Act if their installation by a manufacturer, distributor, dealer, or motor vehicle repair business 'knowingly renders inoperative, in whole or part' the required motor vehicle lighting equipment. Though the words are different between the Act and Standard No. 108, in this instance we would equate partial inoperability with impairment of effectiveness and the same considerations would apply. However, the Act does not prohibit vehicle owners under any circumstances from installing Life Lites themselves if they are able to do so. But the legality of Life Lites of either color and under any scenario remains subject to the laws of any State in which the device is operated. We are unable to advise your constituents of the laws of the individual States, and suggest that they write for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam2444OpenCharles O. Verrill, Jr., Esq., Messrs. Patton, Boggs, & Blow, 1200 Seventeenth Street, N.W., Washington, DC 20036; Charles O. Verrill Jr. Esq. Messrs. Patton Boggs & Blow 1200 Seventeenth Street N.W. Washington DC 20036; Dear Mr. Verrill: This is in reply to your letter of October 19, 1976, to th Administrator with respect to the Ryan tote- trailer manufactured by your client, Outboard Marine Corporation. You have asked whether the tote-trailer is a 'motor vehicle' as defined by 15 U.S.C. 1391(3), if the answer is affirmative you have asked whether the tote trailer is a 'pole trailer' as defined in 49 CFR 571.3(b), if the answer is negative, you have asked that any failure to comply with the Federal motor vehicle safety standards and other regulations be deemed inconsequential as it relates to motor vehicle safety.; In our opinion the tote- trailer is a 'motor vehicle' within th meaning of S 1391(3). Although the equipment that it carries is intended for off-road use, the tote trailer with load is hauled from place to place by motor vehicles, as depicted in the sales literature, that operate on the public roads. It has been our continuing opinion that vehicles which use the highway on a necessary and recurring basis to move between work sites are motor vehicles. As your letter indicates, the trailer is purchased by rental agencies and 'is likely to be towed on the public roads and highways.' We therefore have concluded that the tote trailer is 'manufactured primarily for use on the public streets, roads, and highways' and falls within the coverage of the National Traffic and Motor Vehicle Safety Act of 1966.; It is also our conclusion that the tote trailer is not a 'pole trailer as defined by 49 CFR 571.3(b). The tote trailer is attached to the towing vehicle by a conventional tongue and not 'by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle.' In addition, the load does not appear capable of sustaining itself as a beam between the supporting connections.; Therefore, it appears from your letter that all tote trailer manufactured since January 1, 1969, have not been equipped with lighting devices required by 49 CFR 571.108, Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices and Associated Equipment*, that those manufactured since January 1, 1972, have not been provided with GAWR and GVWR figures on the certification labels required by 49 CFR Part 567, *Certification*, and that those manufactured since September 1, 1976, may have not been equipped with tires required by 49 CFR 571.120, *Tire Selection and Rims for Vehicles Other Than Passenger Cars*.; If your client wishes to submit a petition for inconsequentiality w request that it follow the format in proposed 49 CFR Part 566, copy enclosed. You may refer any questions on this matter to Mr. Vinson of my staff.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam0029OpenMr. E.L. Koepenick, Secretary-Treasurer, Fire Apparatus Manufacturers Association, Inc., 7979 Old Georgetown Road, Washington, D.C. 20014; Mr. E.L. Koepenick Secretary-Treasurer Fire Apparatus Manufacturers Association Inc. 7979 Old Georgetown Road Washington D.C. 20014; Dear Mr. Koepenick: #Thank you for your letter addressed to Dr. Haddon dated June 19, 1967, which has been referred to me for reply to your inquiry concerning the effect of Motor Vehicle Safety Standards on fire trucks. #The purpose of Standard No. 107 is to reduce the likelihood that unacceptable glare from reflecting surfaces in the driver's field of view will hinder the safe and normal operation of the motor vehicle. At present, paragraph S4, 'Requirements,' only covers windshield wiper arms and blades, inside windshield mouldings(sic), horn rings and hub of the steering wheel, and inside rearview mirror frame and mounting bracket. #The initial Federal Motor Vehicle Safety Standards contain no mandatory requirement for seat belt installations or seat belt anchorages in trucks. However, if seat belts are installed in truck they must conform to Motor Vehicle Safety Standard No. 209, effective March 1, 1967. #Sincerely, George C. Nield, Acting Director, Motor Vehicle Safety Performance Service; |
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ID: aiam2014OpenG. Buzzi-Ferraris, Pirelli Tire Corporation, 600 Third Avenue, New York, N.Y. 10016; G. Buzzi-Ferraris Pirelli Tire Corporation 600 Third Avenue New York N.Y. 10016; Dear Mr. Buzzi-Ferraris: #Please forgive the delay in responding t your letter of May 5, 1975, which inquired about the permissibility of iron-branding the letters 'N.A.' on the sidewall of certain passenger car tires to indicate that they are not adjustable under your warranty. #Federal Motor Vehicle Safety Standard No. 109, *New Pneumatic Tires-Passenger Cars*, Specifies labeling and performance requirements for such tires. The NHTSA has no objection to the provision of additional labeling information such as the 'N.A.' which you have suggested. However, the tire must continue to be capable of meeting the standard's performance requirements at the completion of the hot-branding process. #Sincerely, Frank Berndt, Acting Chief Counsel; |
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ID: aiam2501OpenMr. George I. Whiston, Mechanical Section Engineer, British Standards Institution, Head Office 2 Park Street, London W1A2BS; Mr. George I. Whiston Mechanical Section Engineer British Standards Institution Head Office 2 Park Street London W1A2BS; Dear Mr. Whiston: This responds to the British Standards Institution's December 2, 1976 request to know what constitutes 'first purchase of a new motor vehicle in good faith for purposes other than resale' as this phrase is used on (sic) S 108(b)(1) of the National Traffic and Motor Vehicle Safety Act (the Act) (15 U.S.C. S 1397(b)(1) and S 567.7 of NHTSA regulations (*Part 567--Certification*). You also ask to know the legal basis for any distinction between 'original equipment' and 'replacement equipment' as those terms are used in regulation of motor vehicles and equipment in the United States.; I can confirm your understanding of S 567.7 of our regulations, as se forth in the statements which you designate as '(a)' and '(b)'. With regard to statement '(b)', S 108(a)(2)(A) of the Act prohibits, except in the process of repair, a manufacturer, distributor, dealer, or repair business from knowingly rendering inoperative in whole or part, any device or element of design installed in a motor vehicle incompliance (sic) with an applicable standard. Thus a dealer could not make the sunroof alteration if he knew that installation rendered inoperative the minimum roof crush capabilities specified by Standard No. 216, *Roof Crush Resistance*.; Your statement designated '(c)' is not necessarily correct. The NHTSA' interpretation of the meaning of 'first purchase' relies substantially on the modifier 'in good faith.' Thus the agency evaluates the circumstances of the purchase with a view to whether or not there is an attempt to circumvent the requirements of law and applicable regulation. For example, when purchasers asked for disconnection of ignition interlock systems by dealers after contracting for the purchase of a vehicle, the agency required that bona fide physical delivery take place without an immediate return of the vehicle to the dealer for disconnection. As a practical matter, the new provision of the Act discussed above (S 108(a)(1)(A)) prohibits dealer action of this type in the future.; Since the 1974 amendments to the Act, there has been a distinctio between 'original equipment' and 'replacement equipment'. I have enclosed a copy of our proposal to implement this distinction for purposes of Federal regulation. I believe your question actually addresses the practices of the American Association of Motor Vehicle Administrators. You may wish to contact one or more of those organizations for an answer to your questions.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam2151OpenMr. George H. Schildge, Exec. Vice President, Conti Rubber Products, 4900 Hannover Place, P.O. Box 1638, Fremont, California 94538; Mr. George H. Schildge Exec. Vice President Conti Rubber Products 4900 Hannover Place P.O. Box 1638 Fremont California 94538; Dear Mr. Schildge: This is in response to your October 29, 1975, letter concerning th applicability of Federal Motor Vehicle Safety Standard No. 119, *New Pneumatic Tires for Vehicles other than Passenger Cars*, to moped tires.; Mopeds are classified under 49 CFR 571.3 as 'motor-driven cycles', subcategory of 'motorcycles', for the purposes of the National Highway Traffic Safety Administration's regulations. Therefore, tires designed for use on mopeds are tires designed for use on motorcycles and, as such, are subject to Standard No. 119. The NHTSA is considering an amendment of Standard No. 119 which would modify the requirements applicable to such tires, and expects to issue a notice of proposed rulemaking on this subject on the near future.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5181OpenMr. Steve Flint Century Products Co. 9600 Valley View Road Macedonia, OH 44056-2096; Mr. Steve Flint Century Products Co. 9600 Valley View Road Macedonia OH 44056-2096; "Dear Mr. Flint: This responds to your question about the registratio form required by S5.8 of Standard 213, 'Child Restraint Systems.' In telephone conversations with Deirdre Fujita of my staff, you indicated that your registration form would have certain characteristics. The form would be identical to the ones shown in figures 9a and 9b of Standard 213 and required by S5.8 of the standard, except that cards bearing additional information would be attached to it. The additional information consists of French and Spanish translations of the instructions shown in Figure 9a for filling out the registration form, and a French version of the registration form shown in Figure 9b. You stated that the Spanish instructions are for the Spanish speaking population in the U.S. You also said that the French form is required by Canada for restraints sold there, and that attaching it to the U.S. (English) form facilitates your compliance with both U.S. and Canadian standards. We conclude that as long as the English form complies with S5.8 and does not bear any information or writing beyond that required to be on the form, cards bearing the French and Spanish information may be attached to the English form if the information on those cards is presented in a manner that is not likely to confuse consumers in this country about the meaning of the English form or the importance of owner registration. As to whether the additional information is likely to cause confusion, we note the additional information consists solely of French and Spanish translations of the information on the English form. We note further that you indicated to Ms. Fujita that significant numbers of your consumers have been filling in and mailing the tri-lingual registration cards. This return rate indicates that the additional information has not confused the consumers. We appreciate your recognition of the differing language needs of your customers. NHTSA has suggested to manufacturers that they should consider providing consumer instructions on the use of child restraints not only in English, but also in other languages, to address a possible need for such information. (See, denial of petition for rulemaking from Mr. Mattox, 55 FR 48262, November 20, 1990.) Please note, however, that NHTSA wishes to maximize the return rates for the registration forms. If information arises that indicates the French and Spanish information is confusing consumers or otherwise negatively affecting return rates, the agency will reconsider whether such information should be permitted. I hope this information is helpful. Please call Ms. Fujita at (202) 366-2992 if you have further questions. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam3956OpenMr. Pat Reese, Mannesmann Pipe & Steel Corp., 1900 Post Oak Blvd., 18th Floor, Houston, TX 77056; Mr. Pat Reese Mannesmann Pipe & Steel Corp. 1900 Post Oak Blvd. 18th Floor Houston TX 77056; Dear Mr. Reese: This responds to your letter to Steve Kratzke of my staff, asking fo an interpretation of the requirements of Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars* (49 CFR S571.120). Specifically, you indicated you were writing on behalf of Mannesmann Kronprinz, a German branch of your company which manufactures wheels. You noted that section S5.2(d) of Standard No. 120 requires rims for use on motor vehicles other than passenger cars to be marked with the name, trademark or symbol identifying the rim manufacturer, and asked if this requirement meant that the German branch of your company had to register its logo or trademark with this agency. Standard No. 120 does not require manufacturers to register trademarks or symbols with the agency. However, 49 CFR S551.45 requires *all* manufacturers whose vehicles or items of motor vehicle equipment are imported into the United States to file a designation of agent with NHTSA, and this designation must include a listing of the marks, trade names or other designations of origin used by the manufacturer on its products. A check of our files shows that no such designation has ever been filed by Mannesmann Kronprinz.; Section S5.2 of Standard No. 120 sets forth rim marking requirement applicable to all rims for use on motor vehicles other than passenger cars. One of the items of information required to be marked on such rims is 'a designation that identifies the manufacturer of the rim by name, trademark, or symbol', S5.2(d). This information allows the agency and the public to identify the manufacturer of the rim if there is some problem with it.; The use of a trademark or symbol is allowed, instead of th manufacturer's name, because the agency can easily determine the identify of the manufacturer from the trademark or symbol. In the case of domestic manufacturers, their trademarks or symbols would be registered with the United States Patent and Trademark Office. In the case of foreign manufacturers, 49 CFR S551.45 requires them to file a designation of agent with this agency. One of the items of information required to be included in the designation of agent is a listing of 'the marks, trade names, or other designations of origin' which appear on any of the manufacturer's products in lieu of its legal name.; Both 49 CFR S551.45 and 15 U.S.C. 1399(e) require all foreig manufacturers to file a designation of agent with NHTSA *before* importing motor vehicles or items of motor vehicle equipment, including wheels into the United States. I have enclosed copies of the regulation and the statute for your reference. As you will see, Part 551 specifies that the designation of agent must contain the following six items of information:; >>>1. A certification that the designation is valid in form and bindin on Mannesmann Kronprinz under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made,; 2. The full legal name, principal place of business, and mailin address for Mannesmann Kronprinz,; 3. Marks, trade names, or other designations of origin for any o Mannesmann Kronprinz's products which do not bear its name,; 4. A statement that the designation shall remain in effect unti withdrawn or replaced by Mannesmann Kronprinz,; 5. A declaration of acceptance duly signed by the agent appointed b the Mannesmann Kronprinz, and that agent may be an individual, firm, or U.S. corporation, and; 6. The full legal name and address of the designated agent.<<< Further, 49 CFR Part 566, *Manufacturer Identification (copy enclosed requires manufacturers of motor vehicle equipment covered by our standards to provide certain information to NHTSA. The required information is simply the manufacturer's full name, address, and a brief description of the motor vehicle equipment it manufactures.; Should you have any further questions in this area, please contact Mr Kratzke at this address or by telephone at (202) 426-2992.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam2214OpenMr. Joseph S. Russo, 693 Central Avenue, Jefferson Parish, Jefferson, LA 70121; Mr. Joseph S. Russo 693 Central Avenue Jefferson Parish Jefferson LA 70121; Dear Mr. Russo: This is in response to your letter of January 29, 1976, requesting a opinion as to whether documents enclosed with your correspondence would satisfy the requirements of the disclosure provisions contained in Section 408 of the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513) and 49 CFR Part 580.; It appears that both documents contain all of the information necessar to comply with the odometer disclosure requirements.; Sincerely, John Womack, Assistant Chief Counsel |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.