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: aiam4423OpenMr. Robert B. Dix, Jr. Fleet Manager JKJ Chevrolet Koons Plaza 2000 Chain Bridge Road Vienna, VA 22180; Mr. Robert B. Dix Jr. Fleet Manager JKJ Chevrolet Koons Plaza 2000 Chain Bridge Road Vienna VA 22180; "Dear Mr. Dix: This responds to your letter requesting informatio concerning 'after market upfittings'. You indicate that you intend to bid on Federal, State or County motor vehicle solicitations and it appears that a number of these solicitations contain specifications that would require 'after market upfittings'. You asked how our regulations would affect those 'after market upfittings'. As you may know, the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.) prohibits the sale or introduction into interstate commerce of any new vehicle or item of motor vehicle equipment that does not conform to all applicable Federal motor vehicle safety standards. The Safety Act authorizes NHTSA to issue these safety standards. NHTSA does not have authority to approve, endorse, or offer assurances of compliance to a manufacturer's motor vehicles or motor vehicle equipment. Rather, the Safety Act established a 'self-certification' process, in which each manufacturer is responsible for certifying that its products meet all applicable safety standards. It is not clear from your letter whether 'after market upfittings' means that you will be altering motor vehicles while they are still new, i.e., before they have been sold to a consumer for the first time or that you will be making modifications to used vehicles, i.e., ones that have been purchased already. The requirements applicable to the 'after market upfittings' vary, depending on whether the alteration is performed before or after the vehicle has been sold to a consumer for the first time. I will discuss first the requirements that would apply if you modify vehicles that are new. As modified, the vehicles must continue to comply with all applicable standards, since section 108(a)(1)(A) of the Safety Act prohibits the sale of any vehicle that does not comply with all applicable Federal motor vehicle safety standards. Further, the agency's certification requirements in Part 567 of the Code of Federal Regulations applies to any person who changes previously certified vehicles by means other than the addition, substitution, or removal of readily attachable components or minor finishing operations, or in such a manner that the weight ratings assigned to the vehicle are no longer valid. Such a person is considered an 'alterer' for purposes of Part 567 (copy enclosed). The person performing the modifications set forth in your letter (installing a bench seat or adding auxiliary springs) would be considered an alterer, because seats and springs are not readily attachable components. In this situation, 49 CFR 567.7 requires that: (1) The alterer supplement the existing manufacturer certification label by affixing an additional label stating that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards as well as stating the firm or individual name of the alterer and the month and the year in which the alterations were completed (see /567.7(a)), (2) The modified values for the vehicle be provided as specified in //567.4(g)(3) and (5), if the gross vehicle weight ratings or any of the gross axle weight ratings of the vehicle as altered are different from those shown on the original certification label (see /567.7(b)), and (3) The type classification be provided, if the vehicle as altered has a different type of classification from that shown on the original certification. In addition to these certification requirements, an alterer is considered a 'manufacturer' for the purposes of notification and recall for defects or noncompliance under the Safety Act and is subject to the requirements of 49 CFR Part 573, Defect and Noncompliance Reports. With respect to your first point, i.e., that you believe you should '(o)btain from the company doing the work a certification that the after market upfitting meets National Highway Safety Standards,' the alterer is required to certify that the altered new vehicle complies with all applicable Federal safety standards. I am not sure that I understand your second point, i.e., that if a bench seat is installed in a cargo van, the van must have a side door that can be opened from the inside. If you are speaking of an obligation to make some modification to an existing side door, the door would be governed by Standard No. 206, Door locks and door retention system (See 49 CFR 571.206). S4 of Standard 206 provides that the standard's requirements apply to 'any side door leading directly into a compartment that contains one or more seating accommodations' and specifies different strength and lock requirements for different types of doors. The addition of a bench seat to what was formerly the cargo compartment would convert that compartment into one subject to S4. The safety standard does not require that the inside rear door handles be operative. If your second point refers to an obligation to install a side door because you install a bench seat, that is not correct. The Federal motor vehicle safety standards do not impose an obligation that there be a side door in a van. With all of the preceding statements, however, you should note that section 108(c) of the Safety Act provides that compliance with our standards does not exempt any person from any liability under common law. Accordingly, you may wish to consult with a private attorney regarding any product liability concerns you may have about the operability of the door. Your third point is that you believe that you must place 'a decal, label, or some form of paperwork in the vehicle indicating the results of the upfitting.' If the 'after market upfittings' to which you refer are made to a new vehicle, /567.7 requires the alterer to permanently affix to the vehicle a label setting forth the information specified in that section. Having discussed the requirements applicable to new vehicles, I now turn to discussing those applicable to used vehicles. If the 'after market upfittings' are modifications to used vehicles (in this case, vehicles sold and delivered to a public authority), section 108(a)(2)(A) of the Safety Act applies. This section prohibits any manufacturer, distributor, dealer or motor vehicle repair business from knowingly rendering inoperative any equipment or element of design installed on a vehicle in compliance with our standards. Thus, neither your dealership nor any company that is a repair business or manufacturer can alter legally any vehicle that complies with all applicable Federal motor vehicle safety standards when you receive it (as certified on the motor vehicle by the original manufacturer), in such a way that the vehicle no longer complies with the applicable safety standards. If the vehicles in question are used vehicles at the time of their modification, the company performing the modifications is not required to provide a separate certification, as discussed in your points 1 and 3. Since you, as the dealer, may be held responsible under section 108(a)(2)(A) for any rendering inoperative by a company acting as your agent, you may wish to get written assurances from the modifier that it has made the modifications in a manner which will not take the vehicle out of compliance with the Federal motor vehicle safety standards. However, that matter is left for your dealership and the modifier to resolve. As an aid to helping you determine which standards may apply to the modified vehicles, I am enclosing a publication entitled 'Federal Vehicle Safety Standards and Procedures.' This pamphlet indicates which standards apply to which vehicle types. I also have enclosed a general information sheet for new manufacturers that gives a general description of the applicable regulations, and explains how to get copies of those regulations. I hope this information proves helpful. Please contact this agency again if we can be of further assistance. Sincerely, Erika Z. Jones Chief Counsel Enclosures"; |
|
ID: aiam1621OpenMr A.J. Burgess,Vice President (Technical),Joseph Lucas North America Inc.,Two Northfield Plaza,Troy, Michigan 48084; Mr A.J. Burgess Vice President (Technical) Joseph Lucas North America Inc. Two Northfield Plaza Troy Michigan 48084; Dear Mr Burgess:#This responds to your letter of September 30,1974 enclosing sample brake hose assemblies and requesting approval of Girling's labeling and banding techniques to meet the requirements of Federal Motor Vehicle Safety Standard No. 106-74, *Brake Hoses*, for labeling brake hoses and brake hose assemblies. #The NHTSA interprets a band as a label which encircles the hose completely and attaches to itself. To constitute labeling at all, of course, the band must be affixed to the hose in such a manner that it cannot easily be removed. From this discussion, you should be able to determine the compliance of your labeling method with the standard. The NHTSA does not approve specific designs in advance because the material, installation method, and underlying material can significantly affect the quality of specific design.#Yours truly,Richard B. Dyson,Acting Chief Counsel; |
|
ID: aiam0933OpenMr. Bernard J. Haynes, Manager, Quality Control, The Stearns & Foster Co., Cincinnati, OH, 45215; Mr. Bernard J. Haynes Manager Quality Control The Stearns & Foster Co. Cincinnati OH 45215; Dear Mr. Haynes: This is in reply to your letter of November 15, 1972, concerning th application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials', to innerspring mattresses you are going to produce for use in motor homes. You raise four questions in your letter which are restated below.; >>>1. 'Under S4.2 of the Standard, do we test the surface materia only, or is tufting considered bonded, sewed, or mechanically attached to underlying material?'<<<; Paragraph S4.1 of the standard lists mattress covers only, and thi would include the tufting since the tufting is incorporated into mattress covers. Consequently, we would treat the underlying material as separate, and only test mattress covers together with the tufting.; >>>2. 'If it is considered mechanically attached, how do we prepare specimen for test?'<<<; Since only mattress covers in this case must meet the requirements o the standard, the question of the tufting's 'mechanical attachment' to underlying material does not arise. Accordingly, you would prepare test specimens of mattress covers together with the tufting in the manner in which it appears in the vehicle as described in Paragraph S5.2 of the standard.; >>>3. 'The sleeping compartment is without a door and at the rear o both a 22 foot and a 25 foot motor home. Is this area considered in the occupant compartment?'<<<; The occupant compartment of a motor home includes any part designed t be occupied by persons. It would include the sleeping compartment irrespective of whether there is a door separating the sleeping compartment from the driver's compartment.; >>>4. 'Must all the material of the mattress, excluding the innersprin unit, pass the test independently, or is Article C of Section S4.2 about protective padding?'<<<; Paragraph S4.1 of the standard lists mattress covers only. Since S4. only refers to items listed in S4.1, it does not include the mattress stuffing.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
|
ID: aiam2324OpenMr. Jack Roadman, Box 9971, Pittsburgh, PA 15233; Mr. Jack Roadman Box 9971 Pittsburgh PA 15233; Dear Mr. Roadman: This is in response to your letters of February 26 and March 8, 1976 concerning the certification of a truck that you wish to build with a chassis that you have purchased from International Harvester. You have indicated that the chassis did not include an engine, transmission, or radiator. You installed a diesel engine, transmission, and a new driveshaft, and made various modifications to the chassis. You have had difficulties in persuading a body manufacturer to install a truck body.; The source of your difficulties appears to be a misunderstanding of th requirements of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) and the accompanying certification regulations. Pursuant to the Act, the National Highway Traffic Safety Administration has issued Federal motor vehicle safety standards. These standards apply to completed motor vehicles and to certain items of motor vehicle equipment (e.g., brake hoses, tires). The manufacturer of a motor vehicle or an item of equipment to which a standard applies is required by Section 114 of the Act to certify that his product complies with all applicable Federal motor vehicle safety standards.; 'Incomplete vehicle' is defined in 49 CFR Part 568, *Vehicle Manufactured in Two or More Stages*, as:; >>>an assemblage consisting, as a minimum, of frame and chassi structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.<<<; An incomplete vehicle is, strictly speaking, an item of motor vehicl equipment. There are no Federal motor vehicle safety standards that apply directly to these particular equipment items, and thus there is presently no certification requirement for incomplete vehicles. The manufacturer of an incomplete vehicle is required by Part 568, however, to furnish an 'incomplete vehicle document'. This document, which is described in S 568.4, must indicate the conformity status of the incomplete vehicle with respect to each standard that applies to the vehicles into which it may be completed.; The chassis that you bought from International Harvester (IH) was a item of motor vehicle equipment to which no standards apply. Therefore, IH was not required to furnish you with a certification of compliance. Further, the chassis was not an incomplete vehicle because it lacked an engine and transmission. Therefore, IH was not required to furnish an incomplete vehicle document. Becuase (sic) of your operations on the chassis, you are the manufacturer of an incomplete vehicle. You, therefore, are the person required to furnish an incomplete vehicle document.; Your letter also indicated a concern thay (sic) you were not given 'certificate of origin' by International Harvester when you purchased the chassis. Federal law does not require the issuance of a certificate of origin. Unless you intended to refer to the Section 114 'certification' discussed above, I assume that you have in mind a document that would be the subject of Pennsylvania state law.; Copies of the Act and the certification regulations are enclosed fo your convenience.; Yours truly, Stephen P. Wood, Assistant Chief Counsel |
|
ID: aiam0319OpenMr. S. Ashimori, Managing Director, Ashimori Industry Company, Ltd., 15, 4 chrome (sic) Yokobori, Higashi-ku, Osaka, Japan; Mr. S. Ashimori Managing Director Ashimori Industry Company Ltd. 15 4 chrome (sic) Yokobori Higashi-ku Osaka Japan; Dear Mr. Ashimori: Thank you for your letter of April 1, 1971, regarding self-fastenin seat belt systems.; Any system which requires no action by vehicle occupants can be used t meet the appropriate options of Federal Motor Vehicle Safety Standard No. 208 - Occupant Crash Protection. 'No action,' in this case, means that no action is permitted by vehicle occupants other than would be required if the protective system were not present in the vehicle.; We have received a number of petitions for reconsideration o clarification of Notice 9, particularly in reference to the role of a passive (no action) safety belt system as it relates to the requirements for Type 1 or Type 2 seat belt installations prior to August 15, 1975. We are now in the process of resolving the petitions received, and our final decisions in response to the petitions will be issued in the *Federal Register* as soon as possible.; Your interest in our motor vehicle safety programs is most appreciated. Sincerely, Clue D. Ferguson, Director, Office of Crashworthiness, Moto Vehicle Programs; |
|
ID: aiam3866OpenMr. Brian Gill, Senior Manager, Certification Department, American Honda Motor Co., Inc., P.O. Box 50, Gardena, CA 90247; Mr. Brian Gill Senior Manager Certification Department American Honda Motor Co. Inc. P.O. Box 50 Gardena CA 90247; Dear Mr. Gill: This is in response to your letter of May 25, 1984, asking for a interpretation of Motor Vehicle Safety Standard No. 108. Table IV specifies that the minimum horizontal separation distance '(centerline to centerline of lamp)' for rear turn signal lamps on motorcycles is 9 inches. You have asked whether the 'centerline' refers to the distance between the lens centers, between the centers of the effective projected luminous areas, or between the bulb centers.; You asked for confirmation of your belief that the prope interpretation is found in the referenced SAE Standard, J588e, which contains the language 'Optical axes (filament centers),' implying that the correct distance is that between the 'bulb centers' as you term it.; We find no direct correlation between the phrases 'centerline t centerline of lamps' and 'optical axis (filament center).' The lamp is a device emitting light whereas 'optical axis (filament center)' does not refer to the lamp but only to a portion of its light-producing component. As that phrase is used in SAE J588e, it defines the method of measuring distances between bulbs in multi-compartment lamps for the purpose of testing for photometric requirements (paragraph 3.1), or in measuring the separation of the turn signal from the headlamp (paragraph 4.2, where, incidentally, it is expressed as the distance between filament and a lamp component, the retaining ring).; Taken literally, 'centerline to centerline of lamps' in our view mean the distance between lens centers. In the response to petitions for reconsideration of the center high-mounted stoplamp amendment (May 17, 1984), the question was asked whether the 'center' of the lamp was its geometric center, its optical center, or the center of the bulb filament. The agency replied that the center of the lamp is the geometric center. Since the purpose of the minimum separation requirement is to insure that the turn signal is perceived as such, we believe that the correct interpretation of 'centerline to centerline' is a measurement from the geometric center of one lamp to the geometric center of the other lamp. The geometric center would be synonymous with the term 'geometric centroid of lens' as used in SAE J1221 *Headlamp-Turn Signal Spacing*.; Sincerely, Frank Berndt, Chief Counsel |
|
ID: aiam2774OpenMr. Philip A. Hutchinson, Jr., Volkswagen of America, 475 L'Enfant Plaza, S.W., Suite 2450, Washington, DC 20024; Mr. Philip A. Hutchinson Jr. Volkswagen of America 475 L'Enfant Plaza S.W. Suite 2450 Washington DC 20024; Dear Mr. Hutchinson: This responds to your January 30, 1978, request for confirmation tha no requirement in S 581.5(c) of the Part 581 *Bumper Standard* limits damage to the supporting ribs inside a plastic bumper face bar component or to the bumper face bar reinforcement component of the bumper system that lies within and reinforces the bumper face bar itself. You also requested confirmation that bumper 'end cuffs' are part of a bumper face bar if they are impacted by the impact ridge of the pendulum test device.; As we understand your description of the bumper reinforcement, it i not a bumper face bar, an exterior surface of the vehicle, or one of the other regulated portions of the vehicle. Therefore, it would not be regulated by the standard.; Internal deformation or cracking of the bumper face bar component doe not violate the provisions of S 581.5(3) as long as the dent and set requirements of (c)(11) are otherwise met.; 'Bumper face bar' is defined in S4 as 'any component of the bumpe system that contacts the impact ridge of the pendulum test device.' Protective ends or cuffs on a steel bumper face bar are considered components of the bumper system and, if contacted by the impact ridge of the pendulum test device, qualify under the definition as a portion of the bumper face bar subject to the same damageability limits as the rest of the bumper face bar.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
|
ID: aiam0749OpenMr. John Forbes, Research Associate, Consumer Research Center, College of Business Administration, University of Puerto Rico, Rio Piedras, Puerto Rico 00931; Mr. John Forbes Research Associate Consumer Research Center College of Business Administration University of Puerto Rico Rio Piedras Puerto Rico 00931; Dear Mr. Forbes: This is in reply to your letter of June 9, 1972, raising certai questions concerning the National Traffic and Motor Vehicle Safety Act, and the Defect Reports regulations (49 CFR Part 573).; You ask whether the amendments made by sections 4(a) and (c) of Publi Law 91-265 took effect on November 28, 1970 or later. Section 4(d) of that law specified, as you note, that these sections take effect 180 days after the enactment of the Act, unless the Secretary of Transportation determined that a later date was in the public interest. No such determination was made, and the sections took effect 180 days after the Act's enactment. However, our computation shows that 180 days after May 22 is November 18, not November 28.; You ask if Owners Lists (49 CFR 573.6), including vehicl identification numbers, can be obtained by NHTSA and transmitted to your organization. The NHTSA would not consider it appropriate to require manufacturers to submit owner's (sic) lists to it for purposes not involved in the enforcement of the National Traffic and Motor Vehicle Safety Act. We would not consider the study you wish to perform to be within this purpose.; You also ask if we can furnish you copies of Quarterly Reports (49 CF 573.5) at least as they relate to cars sold in Puerto Rico. Quarterly reports submitted by manufacturers, except for the production figures submitted pursuant to section 573.5(b), are considered to be public documents and are available for public inspection. Due to the large number of reports we receive, however, we can furnish copies only if the precise reports desired are specified. The reports do not disclose the geographical location of the vehicles involved.; With reference to your request for the latest version of the leaflet 'Motor Vehicle Safety Defect Recall Campaigns,' I have enclosed the volume which provides information for the complete year 1971, and a new volume dealing with January-March 1972.; Sincerely, Lawrence R. Schneider, Chief Counsel |
|
ID: aiam1508OpenMr. George D. Green, Director of Sales, JacKnife Division, Breeze Corporations, Inc., 700 Liberty Avenue, Union, NJ 07083; Mr. George D. Green Director of Sales JacKnife Division Breeze Corporations Inc. 700 Liberty Avenue Union NJ 07083; Dear Mr. Green: This is in reply to your letter of May 8, 1974, asking whether person installing on a new vehicle a device called the Breeze Jacknife Control are required to certify the conformity of the vehicle to applicable motor vehicle safety standards. You indicate such a device would ordinarily be installed after the truck leaves the factory.; Persons who install components on or otherwise modify complete vehicles before their sale to a purchaser for a purpose other than resale may be vehicle alterers under NHTSA Certification regulations (49 CFR Parts 567, 568), and if so are required to certify that the vehicle as altered conforms to applicable standards by attaching to it a label containing specified information. A label must be attached when the alteration either involves components which are not readily attachable or whose installation renders invalid the vehicle's stated weight ratings. Modifications to a completed vehicle after its purchase for purposes other than resale, however, do not give rise to any certification or labeling requirements.; Copies of the Certification regulations and information on obtainin copies of all NHTSA requirements are enclosed.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
|
ID: aiam3535OpenLawrence W. Gebhardt, Gebhardt & Smith, Suite 1544, The World Trade Center, Baltimore, MD 21202; Lawrence W. Gebhardt Gebhardt & Smith Suite 1544 The World Trade Center Baltimore MD 21202; Dear Mr. Gebhardt: This is in response to your letter of November 30, 1981, in which yo raised several questions concerning the application of the exemption for dealer-to-dealer transfers of new cars. We are sorry for the delay in responding. Specifically you wanted to know if a dealer transferring a new vehicle with fifty miles registered on the odometer to another dealer was required to issue an odometer disclosure statement. You also requested that the agency provide you with cases subsequent to *Lair v. Lewis Service Center*, 428 F. Supp. 778 (D.Neb. 1977) which address the enforceability of the exemptions to Title IV of the Motor Vehicle Information and Cost Savings Act ('Act') (15 U.S.C. 1981 *et seq.*); Purchasers of motor vehicles rely heavily on the odometer reading as a index of the condition and value of the vehicle. The purpose of the Federal odometer laws is to establish certain safeguards against odometer tampering and to provide purchasers of motor vehicles an accurate statement of the mileage traveled by a motor vehicle. Section 408 of the Act requires that each transferor of a motor vehicle furnish to the transferee a written statement certifying the accuracy of the mileage. 15 U.S.C. 1988. The Odometer Disclosure Requirements specifically detail the information that must be disclosed. 49 CFR 580.4. However, the agency has determined that the exemption of certain transactions and vehicles is consistent with the purposes and scope of the Act. 49 CFR 580.5.; 49 CFR 580.5(b) exempts all transfers of a new vehicle prior to th first transfer to a customer who actually plans to use the vehicle from the Odometer Disclosure Requirements. The exemption applies to the dealer-to-dealer transfer of new vehicles regardless of the odometer reading. However, the exemption does not preclude a dealer from requiring the transferring dealer to certify the accuracy of the mileage.; The exemption is consistent with the purpose and scope of the Federa odometer laws. It is customary for dealers to transfer new vehicles to other dealers who plan to immediately resell the vehicle to a customer. Generally, the frequency of odometer fraud in these transactions is minimal. Indeed, prior to the transfer of a vehicle to a consumer, the odometer reading should only reflect the mileage accumulated while the vehicle is being demonstrated to a potential buyer or driven a short distance, which might be occasioned by a typical dealer-to-dealer transfer. We are unable to establish by issuing an opinion letter what the limit of such mileage incidental to the sale of a new car should be. If a dealer doubts the accuracy of the odometer reading, he can readily inspect the car for evidence of odometer tampering. In the absence of such evidence, the first dealer to sell the vehicle to a non-resale purchaser should be free to certify the mileage as accurate. The agency therefore views the issuance of odometer disclosure statements in such dealer-to-dealer transactions as unnecessarily burdensome on dealers.; In addition to *Lair v. Lewis Service Center*, the agency has knowledg of one other case *Romeri Trucking, Inc. v. Boise Kenworth Sale*, No. 80-1252 (D. Iowa, February 11, 1981), that addresses the issue of the enforceability of 49 CFR 580.5(a)(1). To date the agency has not issued a formal opinion on either case.; Sincerely, Frank Berndt, 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.