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: GF007988OpenMs. Amy Homan Dear Ms. Homan: This responds to your October 21, 2004, e-mail to George Feygin of my staff. You ask whether two oilfield equipment rigs manufactured by your company would be classified as "motor vehicles" and subject to the requirements of Federal motor vehicle safety standard (FMVSS) No. 121, Air brake systems. Title 49 U.S.C. Chapter 301 authorizes the National Highway Traffic Safety Administration (NHTSA) to prescribe Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Section 30102(a)(6) defines "motor vehicle" as:
NHTSA has issued several interpretations of this language. We have stated that vehicles equipped with tracks, agricultural equipment, and other vehicles incapable of highway travel are not motor vehicles. We have also determined that certain vehicles designed and sold solely for off-road use (e.g. , airport runway vehicles and underground mining vehicles) are not motor vehicles, even if they may be operationally capable of highway travel. Finally, we have concluded that items of mobile construction equipment that use the highways only to move between job sites and that typically spend extended periods of time at a single site are not motor vehicles. However, we do consider vehicles that use the public roads on a necessary and recurring basis to be motor vehicles. In the present case, the information you have provided describes two oilfield equipment rigs designed to service oil and gas wells. One is a tandem/tandem, which has four axles; the front two axles are steer axles. This units GVWR is 95,600 pounds. The second is a tandem/tridem, which has five axles; the front two axles are steer axles. This units GVWR is 120,600 pounds. Your letter indicates that these rigs travel on local roads and interstate highways between well locations. The period of time a rig spends at a single location varies depending on the end-user. You indicated that the rigs may be required to stay on a lease for a day, a week or a month at a time. The vehicles you ask about appear similar to items of mobile construction equipment which are not considered motor vehicles. Given this similarity and the limited usage you describe, we believe that the vehicles are not "motor vehicles" subject to the Federal motor vehicle safety standards. I hope you find this information helpful. If you have any other questions please contact Mr. George Feygin at (202) 366-2992. Sincerely, Jacqueline Glassman 2 Enclosures ref:571 |
2005 |
ID: 11208Open Mr. Jim Schroeder Dear Mr. Schroeder: This responds to your inquiry about the Federal Motor Vehicle Safety Standards (FMVSS) with which your trailer must comply. You state that your company plans to manufacture a trailer mounted striper that applies reflective paint stripes to roadways. In a telephone conversation with Mr. Marvin Shaw of my staff, you stated that your trailer will spend a significant amount of time traveling on public roads between job sites. Please note that we are returning the photographs attached to your letter that were marked Aconfidential.@ As way of background information, the National Highway Traffic Safety Administration (NHTSA) interprets and enforces the laws under which the FMVSSs are promulgated. The statute defines the term Amotor vehicle@ as follows: AAny vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.@ Whether the agency considers your trailer to be a motor vehicle depends on its use. Based on the available information, it appears that your trailer is a Amotor vehicle@ within the meaning of the statutory definition. This conclusion is based on statements in your letter and telephone conversation that the trailer spends extended periods of time on the public roads moving between job sites. Thus, the agency would consider the use of your device on the public roads to be its primary purpose. The following Federal safety standards apply to trailers: Standard No. 108 Lamps, Reflective Devices, and Associated Equipment, which address conspicuity, Standard No. 115, Vehicle Identification Numbers, and Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars. The content requirements for the vehicle identification number are found at 49 CFR Part 565. In addition, while your vehicle is not required to be equipped with brakes, if it is equipped with hydraulic brakes, then you need to use brake hoses and brake fluids that comply with Standard No. 106, Brake Hoses and Standard No. 116, Motor Vehicle Brake Fluids.
In addition as a manufacturer of motor vehicles, you would be required to submit identification information to this agency in accordance with 49 CFR Part 566, Manufacturer Identification. You would also be required to certify that each trailer complies with all applicable Federal safety standards. This certification procedure is set out in 49 CFR Part 567. I hope this information is helpful. If you have any further questions about NHTSA=s safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely,
Samuel J. Dubbin Chief Counsel Enclosures ref:VSA d:11/17/95
|
1995 |
ID: 16-000745 Twisted Restorations revisedOpen
Mr. Ian Robinson Twisted Automotive Limited Thirsk Industrial Park York Road Thirsk, North Yorkshire YO7 3TA
Dear Mr. Robinson:
This responds to your February 12, 2016 letter describing your interest in importing Land Rover Defender vehicles that are more than 25 years old into the United States (U.S.) and then restoring and modifying these vehicles in U.S. facilities before selling them. Your letter describes basic and beyond basic levels of modification and asks if the modifications are so substantial as to be considered a manufacture of new motor vehicles. You also ask about the Low Volume Motor Vehicle Manufacturers Act of 2015.
As explained in detail below, overall we find that both levels of modification would rise to the level of manufacturing, which makes whoever is making the modifications (we assume it would be Twisted Automotive Limited) a manufacturer as defined in 49 U.S.C. Chapter 301.[1]
General Authority
By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act, 49 U.S.C. Chapter 301) to issue Federal motor vehicle safety standards (FMVSSs) that set performance requirements for new motor vehicles and new items of motor vehicle equipment. NHTSA does not provide approvals of motor vehicles or motor vehicle equipment and does not make determinations as to whether a product conforms to the FMVSSs outside of an agency compliance proceeding. Instead, the Safety Act requires manufacturers to self-certify that their products conform to all applicable FMVSSs that are in effect on the date of manufacture. Manufacturers are also responsible for ensuring that their products are free of safety-related defects.
Imported Vehicles At Least 25 Years Old Section 30112(b)(9) of the Safety Act, which you cite in your letter, allows importation of a motor vehicle that is at least 25 years old without the need to conform the vehicle to the applicable FMVSSs, i.e., those in effect at the time of its manufacture. The 25-year period runs from the date of the vehicles manufacture.
You state in your letter that the Land Rovers you intend to import are 25 years old or older. According to your letter, the vehicles would be brought into the U.S. unmodified, and the modifications will be made in this country.
Discussion
The agency evaluated Twisteds proposed activities under two lines of thinking found in past interpretation letters. The first line arises in letters relating to whether NHTSA would consider certain modifications made overseas to a vehicle (more than 25 years old) simply to be restorations and not a vehicle manufacture, so that the vehicle may be imported under 30112(b)(9) without conforming to the FMVSSs. The second line relates to whether modifying a used vehicle by combining new and used parts constitutes a manufacture of a vehicle. Both complement each other in our analysis and lead to the same conclusion, which is that the work done to Twisteds vehicles is commensurate with the manufacture of a vehicle. Each line of thinking is analyzed below in greater detail.
Restoration
Your letter discusses two levels of modification of the Land Rover Defenders you plan on exporting to the United States. The level with the least modifications is what you describe as basic restoration and includes the following:
1. Remedial works undertaken to the chassis to put it in a good and long lasting state of repair. 2. Remedial works to the drive-train (axle, differential, wheels) or replacement with new where repair is not an option. 3. Original engine is removed and fully overhauled before being relocated back in original vehicle. 4. Original engine is removed and replaced with a modern engine of similar capacity (engine would meet the latest emission standards). 5. Suspension is repaired or where necessary replaced (but not upgraded) to put it in a good and long lasting state of repair commensurate with a quality restoration project. 6. Body panels new panels would need to be fitted where existing panels could not be repaired. 7. Body panels (new or original) would be re-aligned and all panels secured by stainless steel fittings rather than with non-stainless fittings as on the original vehicle. 8. Full external and interior repainting where you also ask about what colors you can repaint the Land Rover. 9. Restoration of lights, seats, seat upholstery, and all interior trim with the possibility of replacement of seat frames and cloth trim if beyond repair. 10. Possibility of converting right-hand drive vehicles to left-hand drive.
Chapter 301 does not define restoration, but NHTSA has interpretation letters on the subject. The agency interprets the term restoration, as applied to motor vehicles, as returning something to its former, original, normal, or unimpaired condition.[2]
Your question has been answered in past interpretations, and the same answer applies.[3] While Twisted refers to its modifications as restorations, the totality of the modifications that Twisted seeks to do, even at the basic level, is beyond what NHTSA considers as restoration and are in fact equivalent to manufacturing (assembling) a motor vehicle.
The basic restoration described in your letter includes modification beyond returning the motor vehicles to their former, original, normal, or unimpaired condition. The extent of disassembly of the original vehicle, the substitution of equipment not used in the original vehicle, the substantial refurbishment of the chassis, and the reassembly with items of new equipment such as the engine, drive train and axles result in a new motor vehicle, i.e., one that could not be regarded as 25 years old or older. Converting right-hand drive vehicles to left-hand drive is also considered beyond restoration.
Accordingly, we conclude that the activities you list under both the basic and beyond basic levels exceed what we consider to be a restoration. Instead, Twisteds activities appear to constitute a manufacture of vehicles.
Combining New and Used Parts
Twisteds planned activities in the U.S. invoke NHTSAs past interpretations relating to the combination of used and new parts. In particular, Twisted states it may do remedial work on the chassis to put it in a good and long lasting state of repair and do the same to the drive-train or replace the components with new where repair is not an option.
The substitution of a new body on a used chassis does not result in a new motor vehicle assuming the vehicle continues to be titled and registered with its original model year (see Williams letter, supra).
However, a vehicle incorporating a new chassis is considered a new vehicle. Further, the agency has also stated that the substitution of new chassis parts for the original ones may reach a point where, in combination with newer parts on the body, the overall vehicle itself could be regarded as newly manufactured.
We believe that what you describe as remedial work to the chassis and related parts could in fact be sufficiently extensive that the components would no longer be considered used but would instead be considered newly manufactured. This means the vehicle you produce would be a new vehicle.
Relatedly, please note that NHTSA has issued FMVSSs for certain items of motor vehicle equipment (covered equipment). Thus, under the Safety Act, all items of covered equipment that Twisted uses must comply with the applicable FMVSSs. In addition, Twisted must ensure that its modified vehicles contain no safety-related defects.
In summary, the extent of Twisteds plans to modify or replace the chassis and drive train and combine new and used items of motor vehicle equipment lead us to conclude that Twisteds activities constitute manufacturing. Thus, the resulting vehicles would be new and Twisted would be a manufacturer within the meaning of 49 U.S.C. Chapter 301. Under the Safety Act, the new vehicles must be certified as meeting all applicable FMVSSs in effect on the date of their manufacture.
FAST Act
Section 24405 of Fixing America's Surface Transportation (FAST) Act [4] has a provision about low-volume manufacturers being able to manufacture a certain number of replica vehicles that do not fully comply with the applicable FMVSSs. It states that the Secretary of Transportation and the Administrator of the Environmental Protection Agency shall issue such regulations as may be necessary to implement the amendments made in this section.[5]
Your letter asks whether the low-volume manufacturer exemption applies to Twisteds business of modifying Land Rover Defender vehicles. We cannot answer this question now, prior to issuing the regulation. The agency will initiate rulemaking soon to implement 24405.
Agents Please note that all manufacturers headquartered outside of the U.S. must designate an agent for service of all process, notices, orders, and decisions.[6] This designation should be mailed to the Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, S.E., Washington, D.C. 20590, and must include the following information:
The designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature. Please visit for more information on importation and certification: http://www.nhtsa.gov/cars/rules/import/FAQ%20Site/. I hope this information is helpful. If you have further questions, please contact Ms. Sara Bennett of my staff at (202) 366-2992.
Sincerely,
Paul A. Hemmersbaugh Chief Counsel
Dated: 7/8/16 Ref: 49 U.S.C. 30102
[1] Manufacturer means a person (A) manufacturing or assembling motor vehicles or motor vehicle equipment; or (B) importing motor vehicles or motor vehicle equipment for resale. National Traffic and Motor Vehicle Safety Act, 49 U.S.C. Chapter 301, see 49 U.S.C 30102(a)(5). [2] Letter to John Harland of HarLand Rover Restorations (Sept. 9, 1999), available at http://isearch.nhtsa.gov/files/20592.ztv.html; letter to Roger Williams (Feb. 22, 2001), available at http://isearch.nhtsa.gov/files/23894.ztv.html ; letter to Paul Jackson Rice of Arent Fox Kintner Plotkin & Kahn, PLLC (Aug. 23, 2001), available at http://isearch.nhtsa.gov/files/23085.ztv.html. [3] Past interpretations written to HarLand Rover Restorations discuss in detail what is and is not considered restoration. The facts in Twisteds interpretation request are strikingly similar, with the only difference in that Twisted plans to do the modifications in the U.S., while HarLand performed the modifications in the United Kingdom prior to attempting to import the modified vehicles into the U.S. That difference is not consequential to our response here, since the issue is whether the modifications made here or abroad constitute a manufacture. [4] Pub. L. No. 114-94, 24405 (2015), available at https://www.congress.gov/114/bills/hr22/BILLS-114hr22enr.pdf. [5] Pub. L. No. 114-94, 24405(c) (2015), available at https://www.congress.gov/114/bills/hr22/BILLS-114hr22enr.pdf. [6] 49 CFR Part 551, Subpart D. |
2016 |
ID: 18332.nhfOpenMr. Pierre Trudeau Dear Mr. Trudeau: This responds to your inquiry about whether several pieces of construction equipment manufactured by Allmand Bros., Inc. and portable compressor units manufactured by Atlas Copco Compressors, Inc. (Atlas) are considered motor vehicles under our statutes and regulations. I apologize for the delay in my response. According to the information provided with your letter, Allmand Bros., Inc. manufactures non-powered light towers, portable flashing arrowboards, and other non-powered construction equipment. Atlas manufactures trailer mounted compressor units for use as construction equipment. I can provide general information on how we analyze whether these types of units are considered motor vehicles. However, without specific information on a particular unit, we cannot provide an opinion as to whether it is a motor vehicle. By way of background information, the National Highway Traffic Safety Administration (NHTSA) issues and enforces the Federal motor vehicle safety standards (FMVSS). NHTSA's statute defines the term "motor vehicle" as follows:
Whether NHTSA considers various pieces of construction equipment and portable compressors to be motor vehicles depends on their use. In the past, we have concluded that this statutory definition does not encompass mobile construction equipment, such as cranes and scrapers, which use the highway only to move between job sites and which typically spend extended periods of time at a single job site. In such cases, the on-road use of the equipment is merely incidental and is not the primary purpose for which they were manufactured. Other construction vehicles, such as dump trucks, frequently use the highway going to and from job sites, and stay at a job site for only a limited time. Such vehicles are considered motor vehicles, since the on-highway use is more than "incidental." Based on the information you provided in your fax, we do not have sufficient information about the use of the construction equipment or the portable compressors to determine whether or not they are motor vehicles. I note, by way of guidance, that we concluded that mobile waterjet cutting and cleaning equipment were not motor vehicles, based on the fact that they appeared to stay on job sites for extended periods of time ranging from a week to over a year. If, however, certain construction equipment or portable air compressors are used frequently on the highways, they would be considered motor vehicles and would be required to comply with all applicable FMVSSs. I am also enclosing copies of several letters which address the issue of whether certain units, including portable compressors and construction equipment, are motor vehicles under our statutes and regulations. I hope this information is helpful to you. If you have further questions regarding NHTSA's safety standards, please contact Nicole Fradette of my staff at this address or by telephone at (202) 366-2992. Sincerely, |
1999 |
ID: 18892.wkmOpenMr. John L'Espoir Dear Mr. L'Espoir: Please pardon the delay in responding to your letter to Walter Myers of my staff in which you enclosed informational brochures of different models of water well drilling equipment that your company produces. You stated that your equipment is used off-road to drill water wells, and that some of your designs incorporate tandem axle and triple axle semi-trailers equipped with air brakes. You also stated that you produce buggies that are used exclusively in stone and gypsum mines and that are transported on low-boy trailers. You asked whether your well drilling equipment and buggies are subject to applicable antilock brake system (ABS) requirements as set forth in Federal Motor Vehicle Safety Standard (Standard) No. 121, Air brake systems. The answer is no. Chapter 301 of Title 49, U.S. Code (U.S.C.), hereinafter referred to as the Safety Act, authorizes the National Highway Traffic Safety Administration (NHTSA) to establish Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. Section 30102(a)(6) of Title 49, U.S.C. defines "motor vehicle" as:
In reviewing the information you provided, including the informational brochures enclosed with your letter, it is our opinion that the water well drilling equipment and the buggies that you produce, as you described and as depicted in the informational material, are not motor vehicles within the statutory definition. The water well drillers are designed to be used primarily at off-road job sites and, although capable of being transported on-road from one job site to another, their on-road use is only incidental to the primary purpose for which they were manufactured. The buggies are used exclusively at stone and gypsum mines and whenever transported, are carried on low-boy trailers. This contrasts with instances in which vehicles such as cement mixer trucks and dump trucks frequently use the public roads going to and from off-road job sites, but remain there for only a limited period of time. Such vehicles are considered motor vehicles for purposes of the Safety Act because their on-road use is more than merely "incidental." In view of the above discussion, your water well drilling equipment and the buggies used in stone and gypsum mines are not motor vehicles and are therefore not required to comply with the FMVSSs, including the ABS requirements of Standard No. 121. I hope this information is helpful to you. Should you have any questions or need further information, feel free to contact Mr. Myers at this address or at (202) 366-2992, or by fax at (202) 366-3820. Sincerely, |
1999 |
ID: 15928.drnOpenMr. Robert W. Hawkinson Dear Mr. Hawkinson: This responds to your August 28, 1997, request for an interpretation of organizations that are "schools" to which you must not sell buses that are not certified as school buses. As explained below, since the National Highway Traffic Safety Administration (NHTSA) does not consider the YMCA or Salvation Army to be "schools," the buses you sell to these organizations need not meet the Federal motor vehicle safety standards (FMVSSs) applicable to school buses. In your letter, you explain that the YMCA and Salvation Army are interested in purchasing 15-passenger Ford Econoline Club Wagons. You are unsure whether NHTSA would consider either organization to be a school. You note that the YMCA may offer classes in basket weaving or wood working to school age children. The Salvation Army uses 15-passenger vehicles to transport school age children to summer camp, which offers classes in archery and swimming. NHTSA's statute at 49 U.S.C. Section 30125 defines "schoolbus" as "a passenger motor vehicle designed to carry a driver and more than 10 passengers, that the Secretary of Transportation decides is likely to be used significantly to transport preprimary, primary, and secondary school students to or from school or an event related to school." By regulation (49 CFR Part 571.3), NHTSA has defined "bus" and "school bus." A bus is "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." A school bus is "a bus that is sold, or introduced in interstate commerce, for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation." In interpreting "school," NHTSA has always looked at the nature of the particular institution purchasing the vehicles. If the central purpose is the education of primary, preprimary, or secondary students, NHTSA has determined that the buses sold must meet the FMVSSs applicable to school buses. If the institution serves a function that is custodial rather than educational, NHTSA has said that the buses need not meet the school bus standards. In an interpretation letter of November 20, 1978 to DeKalb Rental/Leasing, Inc. (copy enclosed), NHTSA determined that YMCAs are not schools. Similarly, because we consider the Salvation Army's function to be custodial rather than educational, we would not consider the Salvation Army summer camp to be a school. Since neither organization is a school, under Federal law the buses you sell to the YMCA or the Salvation Army summer camp need not be school buses. I hope this information is helpful. I have enclosed a question-and-answer sheet on "Dealers' Questions About Federal School Bus Safety Requirements." If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, |
1997 |
ID: 09-002735 Cong Goodlatte 2OpenThe Honorable Bob Goodlatte Member, U. S. House of Representatives 10 Franklin Road, S.E. Suite 540 Roanoke, VA 24011-2121 Dear Congressman Goodlatte: Thank you for your letter on behalf of your constituent, Mr. John Bradshaw, who would like to know whether information in the motor vehicle owners manual can be put on compact discs (CDs). As explained below, as long as certain information that we require is provided to consumers in written form, the National Highway Traffic Safety Administration (NHTSA) does not prohibit manufacturers from providing information on CDs. NHTSA is authorized to issue and enforce Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA does not require owners manuals to be provided only in print. However, because important safety information about motor vehicles should be provided directly to consumers and be easily accessible to them, in some FMVSSs, we require information to be placed in owners manuals, if a manual is provided, or otherwise provided in a paper format. For example, we require that the owners manual include an accurate description of the vehicles air bag system in an easily understandable format. Similarly, our consumer information regulations require vehicle manufacturers to provide certain information (in not less than 10 point type) in an owners manual or in a one-page document, such as information about how to contact NHTSA to report safety-related defects, or how to safely load slide-in campers. While we specify certain safety information to be provided in an owners manual or in a paper document, we do not prohibit owners manual information from being provided on CDs. Vehicle manufacturers may provide CDs to enhance the consumers understanding of their vehicles. Page 2 The Honorable Bob Goodlatte Nonetheless, we do note that some drivers consult an owners manual mainly when they encounter a vehicle emergency or notice something amiss with their vehicle. For example, if a driver sees an unknown flashing icon on the front dashboard, he or she may consult the owners manual to learn the meaning or significance of the icon. If drivers do not have a device that reads the CD in the vehicle, they would be unable to immediately access the information on the CD. Thus, an advantage to a hard copy version of the owners manual is its accessibility to the consumer. Mr. Bradshaw could consider contacting the manufacturer of his vehicle to see if the owners manual is available on CD. Many motor vehicle manufacturers are providing owners manual information electronically, so as to supplement the hard copy version of the manual. For example, many manufacturers provide websites where owners manuals (by model year and vehicle model) can be downloaded. Some manufacturers provide CDs or DVDs containing vehicle information to vehicle owners. I hope this information is helpful. If you have any further questions, please feel free to contact me or Stephen P. Wood, NHTSAs Acting Chief Counsel, at (202) 366-2992. Sincerely yours, Ronald Medford Acting Deputy Administrator cc: Washington Office ref:VSA d.5/18/09 |
2009 |
ID: 10496aOpen Major Glen Gramse Dear Major Gramse: It has been brought to our attention by Mr. R.C. Rost of Minnesota Body and Equipment that there is a question regarding Minnesota's law concerning buses used for Head Start programs. According to Mr. Rost, Minnesota prohibits these buses from being equipped with flashing lights and stop signal arms. He requested the National Highway Traffic Safety Administration (NHTSA) to clarify any inconsistencies between the Federal and State law. As explained below, to the extent there is a conflict between Federal and State law, Federal law would prevail in this matter. All manufacturers and sellers of new school buses must comply with the Federal law by manufacturing and selling vehicles that are equipped with school bus lights and stop signal arms. By way of background, Congress has directed this agency to issue Federal motor vehicle safety standards, which apply to the manufacture and sale of new motor vehicles. NHTSA has issued a number of FMVSSs for school buses, including ones requiring these buses to have warning lights and stop arms. The Federal law requires that each person selling a new bus (defined in our regulations as a vehicle designed for 11 or more persons) to a primary, preprimary, or secondary school must sell a bus that is certified to the FMVSSs for school buses. State law cannot change this requirement. NHTSA's longstanding position is that Head Start programs are primarily educational in focus rather than custodial, and are therefore "schools" under NHTSA's statute. Accordingly, buses transporting students to and from Head Start facilities are defined as school buses under Federal law and are therefore subject to the Federal school bus safety standards. Any manufacturer that omits the warning lamp system required by paragraph S5.1.4 of Standard No. 108 or the stop signal arm required by paragraph S5 of Standard No. 131 (or that delivers a bus with these devices inoperative), is in violation of Federal law, and subject to recall provisions and civil penalties. The effect of the statute's preemption provision is that a State may not adopt or enforce a standard or requirement that regulates the same aspect of safety performance as one of the Federal standards unless that State standard or requirement is identical to the Federal one. While the statute also permits a State to establish a higher standard of performance for vehicles procured for its own use, we would not view an exemption from the warning light or stop arm requirements as a higher standard of performance. Thus, regardless of how a State defines "School bus," a State cannot prohibit a van, with seating capacity large enough to be defined as a school bus under Federal law, from being equipped with warning lights or stop arms. Although each State has the authority to establish laws for the use of vehicles on its roads (including the equipment on the vehicles), those State laws may not override Federal laws for what type of safety equipment must be installed on new vehicles. I hope this information will be useful. If you have any further questions or desire any further information, please feel free to contact Mr. Walt Myers of my staff at this address or at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel ref:571 d:4/10/95
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1995 |
ID: 17495.drnOpenMs. Leigh Morrison Dear Ms. Morrison: This responds to your letter asking whether any Federal motor vehicle safety standards (FMVSSs) apply to vanity mirrors in motor vehicle sun visors. In a telephone conversation with Dorothy Nakama of my staff, you explained that Irvin Automotive places vanity mirrors into sun visors, and sells the assemblage to motor vehicle manufacturers that then install the visors into motor vehicles. Some background information may be helpful. The National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs for new motor vehicles and new items of motor vehicle equipment. Unlike the practice in many countries, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet applicable standards. Standard No. 201, Occupant Protection in Interior Impact, applies to "passenger cars and to multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kilograms or less." In an interpretation letter of July 3, 1997 to Daewoo Motor Company (copy enclosed), the agency stated that Daewoo's vanity mirror must be installed in a fashion that assures that the sun visor meets Standard No. 201. The letter to Daewoo referred to a provision, S3.4.2, that applied to sun visors. Effective May 8, 1997, that provision is S5.4.2, and states:
The letter to Daewoo also stated that Daewoo's vanity mirror would not have to meet Standard No. 205, Glazing Materials. You ask whether Standard No. 107, Reflecting Surfaces, applies to vanity mirrors. The answer is no. Effective May 6, 1996, NHTSA rescinded Standard No. 107. Even when it was in effect, Standard No. 107 did not apply to vanity mirrors. NHTSA has established Standard No. 111, Rearview Mirrors. In an interpretation letter dated October 21, 1971 to Mr. James V. Blethen (copy enclosed), NHTSA stated that Standard No. 111 "does not apply to mirrors per se but specifies requirements that must be met by rearview mirrors mounted in new passenger cars and multipurpose passenger vehicles." Since your vanity mirrors in sun visors are presumably not meant to be used as rearview mirrors, Standard No. 111 would not apply to your product. NHTSA's statute also addresses defects that are related to motor vehicle safety. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which your sun visors are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer which fails to provide timely notification of or remedy for a defect may be subject to a civil penalty of up to $1,100 per violation. I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama at this address or by telephone at (202) 366-2992. Sincerely, |
1998 |
ID: 17688.wkmOpenMr. Sunarto Vanani Dear Mr. Vanani: Please pardon the delay in responding to your inquiry to this office in which you request interpretation of regulations and standards regarding manufacture of new tires, particularly 49 Code of Federal Regulations (CFR) Parts 569, 571, and 574. You stated that as new tire manufacturers you intend to go into the export business and you need to know the applicable standards. For your information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment, including tires. The law establishes a self-certification system in which vehicle and equipment manufacturers themselves certify that their products comply with all applicable FMVSSs. NHTSA enforces the standards by purchasing and testing vehicles and equipment. NHTSA also investigates safety-related defects. Each manufacturer is responsible for ensuring that its products are free of safety-related defects. If a vehicle or item of equipment is found not to comply with applicable standards or is found to have a safety defect, the manufacturer is responsible for remedying the noncompliance or defect at no charge to the customer. The manufacturer may also be subject to substantial civil penalties for violations of these requirements. As you requested, please find enclosed copies of the following standards and regulations pertaining to the manufacture and importation of new tires:
I am also enclosing 49 CFR Part 551, Procedural Rules, subpart D of which requires each importer of motor vehicles or motor vehicle equipment, which includes tires, to designate a permanent resident of the United States as its agent for the service of legal process, notices, orders, decisions, and other applicable requirements. The resident agent must be designated and this agency so advised before tire codes can be assigned in accordance with Part 574. For your additional information, I am enclosing copies of fact sheets entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's safety Standards and Regulations. I hope this information is helpful to you. Should you have further questions or need additional information, feel free to contact Walter Myers of my staff at this address or at 001 801 10 (202) 366-2992, fax 001 801 10 (202) 366-3820. Sincerely, |
1998 |
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.