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: aiam3914OpenMr. Carl R. Ball, Chief of Police, The Atchison, Topeka and Santa Fe Railway Company, 4100 South Kedzie Avenue, Chicago, IL 60632; Mr. Carl R. Ball Chief of Police The Atchison Topeka and Santa Fe Railway Company 4100 South Kedzie Avenue Chicago IL 60632; Dear Mr. Ball: This responds to your letter of February 20, 1985, asking whethe Safety Standards Nos. 212 and 219 prohibit the mounting of police spotlights on the door post of a vehicle. None of our standards prohibit such a mounting, however, the mounting must be done in a manner that the vehicle still complies with our safety standards. The following discussion more fully explains the effect of the agency's standards on spotlight mounting.; If the spotlight is mounted on a new vehicle before its first purchase for purposes other than resale, the person installing the spotlight would have to certify that the vehicle, as altered, continues to comply with all of the applicable Federal motor vehicle safety standards. Since the A pillar of the vehicle would have to be altered to install the spotlight, the installation could affect the vehicle's compliance with Standard No. 212, *Windshield Retention*, as well as Standard No. 216, *Roof Crush Resistance*. If the spotlight is mounted away from the windshield, it does not appear that the installation would affect the vehicle's compliance with Standard 219, *Windshield Zone Intrusion*.; If the alteration is made after a vehicle's first purchase, the section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act may apply. That section provides that no manufacturer, dealer, distributor, or motor vehicle repair shop may knowingly render inoperative an element of design installed in compliance with our safety standards. Thus, if any of those persons install a spotlight they must ensure that they have not rendered inoperative the vehicle's compliance with our standards.; Section 108(a)(2)(A) does not apply to individual vehicle owners However, the agency urges owners that alter their vehicles not to defeat safety equipment installed in the vehicle.; If you have any further questions, please let me know. Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam1929OpenMr. Alfred H. Faull, President, Tiger Tanks, Division of Faull Enterprises, Inc., 20795 Main Street, Carson, CA 90745; Mr. Alfred H. Faull President Tiger Tanks Division of Faull Enterprises Inc. 20795 Main Street Carson CA 90745; Dear Mr. Faull: Thank you for your letter of April 28, 1975, concerning the manufactur and installation of replacement tanks for Dodge, Ford, and Chevrolet vans.; The National Highway Traffic Safety Administration has promulgated n motor vehicle safety standard relating to replacement fuel tanks. There is, however, a safety standard which imposes performance requirements upon motor vehicles with regard to their fuel systems (Standard No. 301, *Fuel System Integrity*). Thus, if installation of your replacement tank is accomplished prior to the first purchase of the vehicle for purposes other than resale causing the vehicle's fuel system not to be in compliance with the applicable safety standard, the person installing the tank or offering the vehicle for sale would be in violation of S108(a)(1) of the National Traffic and Motor Vehicle Safety Act (Pub. L. 89-563). That would make the installer or seller subject to civil penalties of up to $1,000 for each violation.; Recent amendments to the Traffic Safety Act (Pub. L. 93-492) prohibi any manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative, in whole or part, any device or element of design installed on or in a motor vehicle of item or motor vehicle equipment in compliance with an applicable motor vehicle safety standard (S108(a)(2)(A)). Therefore, even if installation of your replacement tank occurred after the first purchase of the vehicle, the vehicle's compliance with the fuel system integrity standard would still be mandatory where one of the above named persons performed the installation. If the replacement tank caused the fuel system to no longer comply with the safety standard, the installer would have rendered inoperative a system installed in compliance with Standard 301.; The Traffic Safety Act authorizes the Secretary of Transportation t make determinations as to whether items of motor vehicle equipment contain defects which relate to motor vehicle safety. If he finds that a safety-related defect exists, he may compel the manufacturer to remedy the defect and notify purchasers of the hazard. Therefore, even though replacement fuel tanks are not the subject of a standard, they still must be designed for safety.; In addition, the Bureau of Motor Carrier Safety regulates interstat carriers, including fuel systems for operational and auxiliary equipment. These regulations might be of interest to you and are enclosed. Your attention is directed to the section concerning fuel systems, pages 51 through 54.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs; |
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ID: aiam0791OpenMr. W. G. Milby, Project Engineer, Blue Bird Body Company, Fort Valley, GA 31030; Mr. W. G. Milby Project Engineer Blue Bird Body Company Fort Valley GA 31030; Dear Mr. Milby: This is in reply to your letters of July 5 and July 18, 1972. In you letter of July 5, you ask whether manufacturers of school buses may delete any reference to seating capacity in establishing the gross vehicle weight rating in complying with the Certification regulations (49 CFR Part 567).; The definition of gross vehicle weight rating, for school buses requires the value used to include 120 pounds times the vehicle's designated seating capacity. 'Designated seating capacity' is defined to mean 'the number of designated seating positions provided,' while 'designated seating position' means 'any plan view location intended by the manufacturer to provide seating accommodation while the vehicle is in motion, for a person at least as large as a 5th percentile adult female, except auxiliary seating accommodations such as temporary or folding jump seats' (49 CFR 571.3). While the definition refers to the manufacturer's intent as the determinant of the number of designated seating positions, the actual test, as in other legal determinations of 'intent,' is how that intent is objectively manifested. Because it is obvious that school buses, due to their anticipated use, must have positions where children will sit while riding, a school bus manufacturer could not successfully argue that his vehicles do not have designated seating positions. Accordingly, his failure to include the designated seating capacity in his computation of GVWR would be a violation of the Certification regulations and of section 108(a)(3) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(3)). Violations of that section are subject to a civil penalty of up to $1,000 per violation, up to a maximum of $400,000, and other sanctions (sections 109 & 110 of the Act, 15 U.S.C. 1398, 1399).; Your letter of July 18 asks whether a vehicle will be in complianc with the Certification regulations if the axle load exceeds the front or rear GAWR, but the total load does not exceed the GVWR. Because the regulations do not specify minimum criteria for GAWR, a vehicle whose actual weight on an axle system exceeds the stated value will not fail to conform to the Certification requirements. It may, however, be considered to contain a safety-related defect, depending on the actual circumstances involved, and if so, the manufacturer would be responsible for notifying owners pursuant to section 113 of the Act (15 U.S.C. 1402).; We will consider the possibility of establishing minimum requirement for GAWR (as we have for GVWR), in light of the facts you have presented.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5069OpenMr. James A. Westphal Oshkosh Chassis Division Oshkosh Truck Corporation P.O. Box 2508 Oshkosh, WI 54903; Mr. James A. Westphal Oshkosh Chassis Division Oshkosh Truck Corporation P.O. Box 2508 Oshkosh WI 54903; Dear Mr. Westphal: This letter responds to your inquiry about whic Federal Motor Vehicle Safety Standards would be applicable to certain incomplete vehicles (chassis less cab) that you manufacture for motor homes. You anticipate that the motor homes will have a gross vehicle weight rating (GVWR) over 10,000 pounds but less than 26,000 pounds. Your letter indicated that Oshkosh plans to install brake systems in the two models which use compressed air to provide braking power, and hydraulic fluid to transmit the energy to the hydraulically activated disc brakes at each wheel. You stated that this system is commonly known as 'air-over-hydraulic.' The following is in response to your four specific questions: 1. Must the brake system comply with the requirements of Standard No. 121 applicable to trucks? The answer to question number one is yes. The agency classifies air-over- hydraulic brake systems as air brake systems. Accordingly, vehicles equipped with air-over-hydraulic brake systems are required to comply with the requirements of Standard No. 121. I am enclosing a July 20, 1984 interpretation letter to Ms. Margaret Moore Oba which discusses this issue at length. 2. Must the brake system comply with the requirements of Standard No. 105 applicable to multipurpose passenger vehicles? The answer to question number two is no. Standard No. 105 only applies to vehicles with hydraulic brake systems. Since your system is air-over- hydraulic, it is considered to be an air brake system and not a hydraulic brake system. 3. If Standard No. 121 compliance is required must the hydraulically powered disc brakes comply with Section S5.4 Service brake system-- dynamometer tests? The answer to question number three is yes. The requirements of S5.4 are among the requirements specified in Standard No. 121 for each vehicle equipped with air brakes. 4. If compliance to parts of both Standards 121 and 105 is required, must the system meet the requirements of the following sections in Standard No. 105: S5.1.2 Partial Failure, S5.1.3 Inoperative brake power assist or brake power unit, and/or S5.3 Brake system indicator lamp. As indicated above, air-over hydraulic brake systems are not required to meet the requirements of Standard No. 105. 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, Paul Jackson Rice Chief Counsel Enclosure; |
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ID: aiam1883OpenMr. K. Nakajima, Director/General Manager, Factory Representative Office, Toyota Motor Sales, U.S.A., Inc., Lyndhurst Office Park, 1099 Wall Street, West, Lyndhurst, New Jersey 07071; Mr. K. Nakajima Director/General Manager Factory Representative Office Toyota Motor Sales U.S.A. Inc. Lyndhurst Office Park 1099 Wall Street West Lyndhurst New Jersey 07071; Dear Mr. Nakajima: This responds to Toyota's March 25, 1975, request for confirmation tha the top surface of a 'console' (a box-like unit mounted between the front bucket seats of your passenger cars) is not considered to be an armrest for purposes of the requirements of Standard No. 201, *Occupant Protection in Interior Impact*.; Your interpretation is correct. As described in your letter, th console top would not be an 'armrest' to which the requirements of Standard No. 201 apply.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5593OpenThomas A. Placey, Esq. Senior Assistant District Attorney Office of the District Attorney Cumberland County One Courthouse Square Carlisle, PA 17013; Thomas A. Placey Esq. Senior Assistant District Attorney Office of the District Attorney Cumberland County One Courthouse Square Carlisle PA 17013; "Dear Mr. Placey: This responds to your letter of July 20, 1995. Yo present the fact situation of the theft in Canada of a Canadian-owned GMC Jimmy which was then imported into the United States and delivered to a conspirator in Pennsylvania. The conspirator altered the VIN and sold the Jimmy which was eventually seized by the Pennsylvania State Police. The Jimmy's buyer wants the vehicle back and has filed with the local state court for its return. You write 'The issue, on the federal level, is can this vehicle ever be properly registered in the United States. What are the specific federal laws or regulations that govern such situations.' We cannot answer the question whether this vehicle can be properly registered in the United States, because there are no Federal requirements that apply to the registration of privately owned vehicles. Each State establishes its own requirements. For an overview of State laws on vehicle registration, we suggest that you write the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203. There are two Federal laws which we administer that are relevant to the situation you present. Missing from your scenario is the fact whether the Jimmy was manufactured in the United States in compliance with the U. S. Federal motor vehicle safety standards. If the answer is yes, then its importation by any person does not violate the Federal statutes under which we operate. If it was not manufactured to conform, we note that the importation of a nonconforming vehicle is an act forbidden by 49 U.S.C. 30112(a) for which a civil penalty may be imposed under 49 U.S.C. 30165. The statute does not provide the right to seize a nonconforming vehicle. Furthermore, the statute does not forbid the sale of a used nonconforming imported vehicle. There may be a violation of 49 U.S.C. 30122 because of the defacing of the VIN. Under this section, no manufacturer, dealer, distributor, or motor vehicle repair business may knowingly make inoperative any part of a device or element of design installed in accordance with a Federal motor vehicle safety standard. The VIN was installed in accordance with 49 CFR 571.115 Motor Vehicle Safety Standard No 115 Vehicle Identification Number. We view the alteration of the VIN as a violation of this section, if the conspirator who altered it was a manufacturer, dealer, distributor, or motor vehicle repair business as those terms are described in the statute. Violators of this section are also subject to a civil penalty under 49 U.S.C. 30165. We are unable to advise you on the laws or regulations administered by other Federal agencies. For example, we cannot advise you whether the U.S. has entered into any treaties or other agreements with Canada concerning the treatment of property that is stolen from that country. You may write for an opinion to the United States Department of State, Office of Foreign Mission, 3507 International Place, N.W., Washington, D.C. 20008. If you have further questions, Taylor Vinson of this Office will be able to help you with them (202-366-5263). Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam2256OpenHonorable Marvin L. Esch, House of Representatives, Washington, DC 20515; Honorable Marvin L. Esch House of Representatives Washington DC 20515; Dear Mr. Esch: The Secretary of Transportation has asked me to respond to your Marc 16, 1976, request for all information submitted to him since December 31, 1975, concerning the safety and economic feasibility of air cushion restraint systems or, in the alternative, the specific basis for withholding particular documents. We interpret your request to include documents submitted to the Office of the Secretary or to the public docket on passive restraints.; All materials concerning the safety and economic feasibility of ai cushion systems that have been placed in the public docket are enclosed. These documents include all material on air cushion systems provided to the Asistant (sic) Secretary for Systems Development and Technology and to the Assistant Secretary for Environment, Safety and Consumer Affairs during their recent visits to General Motors Corporation, Ford Motor Company, and Chrysler Corporation. Films submitted to the docket that support this material are available for viewing at your request.; The NHTSA has provided material to the Office of the Secretary tha discusses the value of requiring passive restraints in motor vehicles. All of this material consists of intro-agency memoranda that contain the opinions of agency staff on the considerations underlying a decision concerning passive restraints. The preparation of this material involved choosing and weighing data and making certain assumptions. I conclude that it is important to have full and free staff input to this decision-making process. Accordingly, I deny your request for this information pursuant to the exemption in the Freedom of Information Act for intra-agency memoranda (5. U.S.C. S 552(b)(5)). I am the person responsible for this decision.; Pursuant to the Regulations of the U.S. Department of Transportatio (49 CFR 7), this decision, to the extent information you seek is not released, may be appealed to John Hart Ely, Esq., General Counsel of the Department, whose decision will be administratively final. Your application for reconsideration must be made in writing within sixty days from the date of receipt of the original denial and must include all information and arguments relied upon in your original request. Such application must indicate that it is an appeal from a denial of a request made under the Freedom of Information Act and the envelope in which the application is sent must be prominently marked with the letters 'FOIA'.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs; |
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ID: aiam4228OpenMelvin Krewall, Administrator, Transportation Section, Finance Division, Oklahoma State Department of Education, 2500 North Lincoln Boulevard, Oklahoma City, OK 73105-4599; Melvin Krewall Administrator Transportation Section Finance Division Oklahoma State Department of Education 2500 North Lincoln Boulevard Oklahoma City OK 73105-4599; Dear Mr. Krewall: This responds to your August 22, 1986, letter to former Chief Counse Jeffrey Miller concerning our regulations for school bus manufacturing. You asked whether the National Highway Traffic Safety Administration (NHTSA) has certified and approved the 'Asia Smith Chassis' for school buses. You stated that you need a copy of the certification because Oklahoma requires chassis to be approved by the state Board of Education before they can be sold in Oklahoma.; I would like to begin by clarifying that the NHTSA does not certify o approve motor vehicles or motor vehicle equipment. This agency regulates motor vehicle safety under the National Traffic and Motor Vehicle Safety Act. That Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. This process requires each manufacturer to exercise due care in selecting and conducting the mathematical calculations, computer simulations or testing that form the basis for that certification. Manufacturers certify their school buses by attaching a label to their vehicles in accordance with our certification procedures. The agency periodically tests vehicles and equipment for compliance with applicable safety standards.; A school bus manufacturer who installs a school bus body on a ne chassis (such as an Asia Smith chassis) is required by our certification regulations (49 CFR 567 and 568) to certify the completed vehicle to Federal motor vehicle safety standards for school buses. Those regulations require the chassis manufacturer to furnish information which assists the vehicle manufacturer in making that certification. When certifying its school buses, the manufacturer affirms that the vehicle, including the chassis, conforms to all applicable Federal motor vehicle safety standards, including school bus safety standards.; You indicated that Oklahoma requires school bus chassis to be approve by the state before their sale. I am concerned with this requirement because its imposition could be preempted by operation of the Vehicle Safety Act. The first sentence of section 103(d) of the Safety Act states:; >>>Whenever a Federal motor vehicle safety standard established unde this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item or motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standards. . . .<<<; For your information, I have enclosed a copy of a Federal Registe notice issued by the agency concerning the issue of preemption and pre-sale state enforcement of safety standards (47 Fed. Reg. 884, January 7, 1982). The notice discusses NHTSA's position that Federal law preempts state requirements which proscribe the sale of equipment certified to a Federal motor vehicle safety standard unless the equipment is also approved by the State. We believe that Oklahoma's requirement for approval of school bus chassis is analogous.; As I understand Oklahoma's requirement, it imposes requirements whic have the effect of proscribing the sale of certified school buses unless their chassis are also approved by the State. Apparently, school buses manufactured with chassis lacking state approval may not be sold in Oklahoma, even though the vehicle has been certified as meeting all applicable Federal standards. In my opinion, such a requirement is preempted because it imposes burdens differing in a significant respect from the Federal regulatory scheme.; I hope this information is helpful. If you wish to further discuss th preemption issue or have any other questions, please do not hesitate to contact us.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3017OpenMr. Jim Buck, National Service Manager, Yokohama Tire Corporation, 1530 Church Road, Montebello, CA 90640; Mr. Jim Buck National Service Manager Yokohama Tire Corporation 1530 Church Road Montebello CA 90640; Dear Mr. Buck: This is in response to your letter of April 27, 1979, asking whethe Yokohama Tire Corporation's point-of- sale information leaflet conforms to the requirements of the Uniform Tire Quality Grading Standards (49 CFR 575.104(d)(1)(ii)). While the National Highway Traffic Safety Administration does not typically issue advance judgments concerning compliance with agency regulations, your proposed point-of-sale leaflet appears to meet the requirements of section 575.104(d)(1)(ii), assuming the listing at the bottom of the page contains each tire manufactured by Yokohama which is offered for sale at the location where the leaflet is distributed.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam1180OpenMr. Gil W. Bellamy, Administrator, Oregon Traffic Safety Commission, Room 313, Highway Building, Salem, OR 97310; Mr. Gil W. Bellamy Administrator Oregon Traffic Safety Commission Room 313 Highway Building Salem OR 97310; Dear Mr. Bellamy: Thank you for the copy of Oregon House Bill 2721 that you enclosed i your letter of June 25, 1973. We have reviewed it carefully, and have concluded that virtually all of Section 2 is preempted by 15 U.S.C. 1392(d) (copy enclosed).; As you may know, this section of the National Traffic and Motor Vehicl Safety Act prohibits a State from having a safety standard applicable to the same aspect of performance as a Federal safety standard unless it is identical to the Federal standard. In this instance, the relevant Federal standard is 49 CFR S571.108 Standard No. 108, *Lamps*, *reflective devices*, *and associated equipment*.; Section 2 of HB 2721 requires motor vehicles manufactured after Octobe 1, 1975, to be equipped with a green-yellow-red rear mounted lighting system. The NHTSA considers Standard No. 108 to include within its scope all lighting equipment required to be used on the rear of motor vehicles to which it applies. Any State requirements that have the effect of regulating such equipment must therefore be identical to the relevant provision of Standard No. 108. Section 2 of HB 2721 is not identical to the Federal standard relating to that aspect of performance, and must therefore be considered as invalidated as that category of vehicle is expressly excluded from Standard No. 108. Portions of Section 3 (ORS 483.412(3) (a) and (b)) are invalidated for the same reason. The remainder of Section 3 and Section 4 does not conflict with the relevant provisions of Standard No. 108.; The guiding principle that we have applied to this situation is tha the State requirements that regulate the design of motor vehicles must be identical to the Federal standards. It was clearly the intent of Congress to provide for uniformity of regulation of the manufacturer in areas where the Federal agency has acted, and they did so by the identity requirements of section 1392(d).; Sincerely, James E. Wilson, Associate Administrator, Traffic Safet Programs; |
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.