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: aiam5156OpenMr. Donald L. Anglin 706 Rose Hill Drive Charlottesville, VA 22903; Mr. Donald L. Anglin 706 Rose Hill Drive Charlottesville VA 22903; "Dear Mr. Anglin: This responds to your letter in which you aske whether removing the self- adjusters on a motor vehicle's drum brakes constitutes a violation of the 'anti-tampering' provisions of several Federal laws, including the National Traffic and Motor Vehicle Safety Act. I am pleased to have this opportunity to explain this agency's regulations. You will need to contact the Environmental Protection Agency for an interpretation of the Clean Air Act. By way of background information, the National Traffic and Motor Vehicle Safety Act ('Safety Act') requires this agency, the National Highway Traffic Safety Administration (NHTSA), to promulgate motor vehicle safety standards that specify performance requirements for new motor vehicles and items of motor vehicle equipment. Among the standards issued by NHTSA are Standard No. 105, Hydraulic Brake Systems and Standard No. 121, Air Brake Systems. Standard No. 105 specifies requirements for hydraulic service brake and associated parking brake systems, and applies to new passenger cars, multipurpose passenger vehicles, trucks, and buses equipped with hydraulic brake systems. Standard No. 121 establishes performance and equipment requirements for braking systems on vehicles equipped with air brake systems, and applies to almost all new trucks, buses, and trailers equipped with air brake systems. NHTSA recently amended these standards to require vehicles to be equipped with automatic brake adjusters. (57 FR 47793, October 20, 1992) This rule takes effect on October 20, 1993 for vehicles equipped with hydraulic brakes and on October 20, 1994 for vehicles equipped with air brakes. Until these effective dates, a vehicle is not required to be equipped with automatic brake adjusters. You specifically asked about the agency's 'anti-tampering' provisions. While the agency has no provision called this, the Safety Act does include a provision known as the 'rendering inoperative' provision which is set forth in section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturers, distributors, dealers, and repair shops from knowingly 'rendering inoperative,' in whole or in part, any device or element of design installed on or in a vehicle in compliance with an applicable safety standard. For vehicles manufactured on or after the effective date of the new requirements for automatic adjusters, manufacturers, distributors, dealers and repair businesses will be prohibited by section 108(a)(2)(A) from rendering the devices inoperative. For vehicles manufactured before that time, such an entity should ensure that removal of the adjusters does not otherwise render inoperative the compliance of the vehicle with a safety standard. I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel "; |
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ID: aiam3981OpenMr. Thomas D. Turner, Manager, Engineering Services, Blue Bird Body Company, P.O. Box 937, Fort Valley, GA 31030; Mr. Thomas D. Turner Manager Engineering Services Blue Bird Body Company P.O. Box 937 Fort Valley GA 31030; Dear Mr. Turner: This responds to your two letters to the National Highway Traffi Safety Administration (NHTSA) regarding Federal Motor Vehicle Safety Standard No. 217, *Bus Window Retention and Release*. We apologize for the delay in responding to your letters.; Your December 6, 1984 letter asked about paragraph S5.4.1 of Standar No. 217 and the ellipsoid used to measure the unobstructed opening of a pushout window or other emergency exit. To simplify matters, I will refer to the illustration you attached with your letter. You asked whether you may rotate the ellipsoid in such a way that axis C-D may be horizontal instead of axis A-B.; By way of background information, I would like to explain that NHTS does not pass approval on the compliance of any vehicle or equipment with a safety standard before the actual events that underlie certification. Under the National Traffic and Motor Vehicle Safety Act, the manufacturer is required to determine whether its vehicles and equipment comply with all applicable safety standards and regulations, and to certify its products in accordance with that determination. Therefore, the following statements only represent the agency's opinion based on the information provided in your letters.; Paragraph S5.4.1 of Standard No. 217 states that: >>>After the release mechanism has been operated, each push-out windo or other emergency exit not required by S5.2.3 shall...be manually extendable by a single occupant to a position that provides an opening large enough to admit unobstructed passage, keeping a major axis horizontal at all times, of an ellipsoid generated by rotating about its minor axis an ellipse having a major axis of 20 inches and a minor axis of 13 inches.<<<; Since the language of section S5.4.1 requires only that '*a* majo axis' of the ellipsoid to be horizontal when the ellipsoid is passed through the emergency exit, you are not prohibited from positioning the ellipsoid with only a single major axis, such as C-D, horizontal. If there is unobstructed access of the ellipsoid through the opening, with major axis C-D horizontal, then the emergency exit meets the requirement of S5.4.1 as that section is written.; Even if the design of the exit would not violate S5.4.1, however, w urge you to ensure that the design would not complicate efforts of the passengers to use the emergency exit. It appears that the intent of the agency was for the *plane* generated by the major axes to be horizontal when the ellipsoid is passed through the exit. Otherwise, since *a* major axis of the ellipsoid will at all times be horizontal, no matter how the ellipsoid is passed, the benefit of such a requirement would be reduced. Further, the opening to the emergency exit could be significantly reduced when the only horizontal major axis is C-D.; The agency issued an opinion in April 1977, stating that S5.4.1 an S5.2.1 of Standard No. 217 require the long side of a rectangular roof exit to be parallel to the center line or the side wall of a bus. That opinion interpreted S5.4.1 as requiring the ellipsoid to be passed through the exit with more than one of its major axes horizontal. That interpretation relied on the intent of the standard, but not the language of S5.4.1. This letter reconsiders the 1977 opinion and holds that the language of S5.4.1 requires only one major axis of the ellipsoid to be horizontal.; The two questions in your December 13, 1984 letter dealt with a outside release mechanism for pushout rear emergency windows. In a telephone call to this office on February 5, 1985, you said that the rear emergency pushout windows would be on school buses and buses other than school buses. You also asked whether an outside release mechanism may be installed on rear emergency doors on buses other than school buses.; Your first question was whether the following interpretation wa correct:; >>>FMVSS 217 does not require emergency exits to have outside releas mechanisms, except for school bus emergency doors. Therefore, if we provide an outside handle to operate a pushout rear emergency window, it does not have to meet any force level or type of motion requirements.<<<; You are correct that Standard No. 217 does not require emergency exit on school buses to have outside release mechanisms, with the exception in S5.3.3 for school bus emergency doors. We assume that there are release mechanisms for the pushout rear emergency windows located within the bus which meet all applicable requirements of Standard No. 217. If the emergency exit meets all applicable requirements of the standard, an outside release mechanism for a pushout rear emergency window that is provided in addition to the release mechanisms required by the standard need not meet any force application and type of motion requirements.; Your second question was whether the outside handle on the pushout rea emergency window could be equipped with a key operated mechanism that disengages the handle from outside the bus for security purposes. The handle, even when locked from the outside, does not ever prevent operation of the window's release mechanisms from inside the bus. The answer to your question is yes. Standard No. 217 does not prohibit the type of handle you described when all applicable requirements of the standard can be met.; Our answers given above apply to outside release mechanisms on pushou rear emergency windows on school buses and buses other than school buses.; An outside release mechanism on rear emergency doors on buses othe than school buses would likewise not have to meet any force application and type of motion requirements, if the emergency door meets all applicable requirements of Standard No. 217. The outside release mechanism can be equipped with the locking device you described, provided that Standard No. 217's requirements are met.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam5443OpenMr. Ralph Harpster Laguna Manufacturing, Inc. P.O. Box 3236 Turlock, CA 95381; Mr. Ralph Harpster Laguna Manufacturing Inc. P.O. Box 3236 Turlock CA 95381; "Dear Mr. Harpster: This responds to your letter of June 21, 1994 requesting information on whether a 'replacement rear seat used for the transport of prisoners in police cars' complies with the Federal motor vehicle safety standards. During a July 1, 1994 phone conversation with Mary Versailles of my staff, you explained that the seat could be installed either before or after the first retail sale of the police car. I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized under 49 U.S.C. 30101 et seq. to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, each manufacturer is responsible for 'self-certifying' that its products meet all applicable safety standards. The following represents our opinion based on the facts provided in your letter. NHTSA has exercised its authority to establish five safety standards that may be relevant to a prisoner transport seat. The first is Standard No. 207, Seating Systems (49 CFR 571.208), which sets forth strength requirements for all 'occupant seats' in passenger cars. The second relevant standard is Standard No. 208, Occupant Crash Protection (49 CFR 571.208), which sets forth requirements for occupant protection at the various seating positions in vehicles. The third relevant standard is Standard No. 209, Seat Belt Assemblies (49 CFR 571.209), which sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. The fourth relevant safety standard is Standard No. 210, Seat Belt Assembly Anchorages, which establishes strength and location requirements for seat belt anchorages. The final relevant safety standard is Standard No. 302, Flammability of Interior Materials. This standard specifies burn resistance requirements for materials used in the occupant compartment of motor vehicles. Because federal law operates differently depending on when the installation of the prisoner transport seat occurs, I will separately discuss three possible scenarios. Installation as Original Equipment Standards No. 207, No. 208, No. 210, and No. 302 apply, with certain exceptions that are not relevant to your product, to vehicles and not directly to items of equipment. Thus, the vehicle manufacturer, and not the equipment manufacturer, would be responsible for certifying that the vehicle complies with these standards with the prisoner transport seat installed in the vehicle. Unlike the other four standards, Standard No. 209 applies to seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. The manufacturer of the seat belt system provided with the prisoner transport seat is responsible for certifying that the seat belt complies with Standard No. 209. Your letter specifically asks whether the safety belt system installed with the prisoner transport seat complies with all applicable requirements. Currently, Standard No. 208 requires an integral Type 2 (lap and shoulder) seat belt assembly at all forward-facing rear outboard seating positions, and either a Type 1 (lap) or Type 2 seat belt assembly at all other rear seating positions. Standard No. 208 also requires the lap belt portion of the Type 2 seat belt assembly installed at any forward-facing rear outboard seating position to have an emergency locking retractor. Thus, because the seat belt assembly for the prisoner transport seat has a manual retractor, the seat cannot be installed at a forward-facing rear outboard seating position. We note that Standard No. 208 requires emergency locking retractors to ensure improved comfort and convenience for safety belts. The purpose is to make it more likely that the typical vehicle occupant will use his or her safety belts, and also to reduce the likelihood of excessive slack in safety belts during use. You wish to use manual retractors because of special circumstances that arise when the rear seats of police vehicles are used to transport prisoners, i.e., a desire to keep the prisoners solidly restrained in the seats. However, Standard No. 208 specifies the same occupant crash protection requirements for police vehicles as other vehicles, and does not include an exception in this area. A possible solution to your problem may be to install your belt system (with manual retractors) in addition to the safety belts required by Standard No. 208. Provided that the installation did not interfere with the required safety belts, such installation would not affect the compliance of the vehicle with Standard No. 208, since the standard's requirements would be fully met by the original belts. Your belt system would, of course, still have to meet the requirements of Standard No. 209, since it would be considered a 'seat belt assembly.' Installation Prior to First Sale If a prisoner transport seat were added to a new vehicle prior to its first sale, e.g., by the dealer, the person who modified the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. Installation After First Sale After the first purchase of a vehicle for purposes other than resale, the only provision in Federal law that affects the vehicle's continuing compliance with an applicable safety standard is set forth in 49 U.S.C. 30122. That section provides that: A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard. This provision would prohibit any of the named commercial entities from installing a prisoner transport seat if such installation rendered inoperative the compliance of the vehicle with any applicable safety standard. For example, if the material used in the seat did not meet the burn resistance requirements of Standard No. 302, installation of the system would make inoperative compliance with that standard. Any violation of this prohibition is subject to a potential civil penalty of up to $1,000 for each violation. Please note that this provision does not prohibit owners from modifying their vehicles, even if such modification adversely affects the compliance of the vehicle with safety standards. Thus, if a police department were to modify its own vehicles to install a prisoner transport seat, it would not be a violation of this provision, even if the original belts were replaced by belts with manual retractors. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam0067OpenMr. John F. Dando, Chief Engineer, FWD Corporation, Clintonville, WS 54929; Mr. John F. Dando Chief Engineer FWD Corporation Clintonville WS 54929; Dear Mr. Dando: Thank you for your letter of January 11, 1968, to Dr. William Haddon Jr., concerning the location of headlamps on vehicles which are used for snow plow service. I regret that a clerical error resulted in this late reply to your inquiry.; Snow plows are motor vehicles and subject to regulatory actions a established by the National Traffic and Motor Vehicle Safety Act of 1966.; Motor Vehicle Safety Standard No. 108 requires that vehicles to whic the standard is applicable be equipped with headlamps that are located not less than 24 inches nor more than 54 inches above the road surface (see Table II of the standard). This requirement does not prohibit the use of additional headlamps located at greater heights as illustrated by the photographs enclosed with your referenced letter.; Thank you for writing. Sincerely, David A. Fay, Office of Standards on Accident Avoidance Motor Vehicle Safety Performance Service; |
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ID: aiam5265OpenMr. Michinori Hachiya Director and General Manager Nissan Research and Development, Inc. 750 17th Street, N.W. Suite 902 Washington, DC 20006; Mr. Michinori Hachiya Director and General Manager Nissan Research and Development Inc. 750 17th Street N.W. Suite 902 Washington DC 20006; "Dear Mr. Hachiya: This responds to your letter of October 12, 1993 asking several questions concerning the labeling requirements of the recent final rule mandating the installation of air bags in passenger cars and light trucks (58 FR 46551, September 2, 1993). Your questions concern the labeling requirements in this final rule. As you may know, NHTSA has received two petitions for reconsideration of the September 2 final rule. The petitions raise issues concerning the labeling requirements. We will address your first, second, and fourth questions in the notice responding to the petitions for reconsideration. Your other questions and the response to each follow. The mandatory air bag rule establishes type size and format requirements for the air bag maintenance label (section 4.5.1(a)), but no similar requirements for the air bag warning label in section 4.5.1(b). Are we correct in understanding that the lettering of the warning label may be of any size or format, so long as the letters are legible? May different type size and formats be used if the two labels are combined? You are correct that there are not any size requirements for the air bag warning label. Therefore, so long as the information on the label is legible, the lettering may be of any size. It is unclear what you mean by format, but the warning label must contain the exact words, in the exact order, as specified in section 4.5.1(b). The issue of combining warning and maintenance labels will be addressed in the notice responding to the petitions for reconsideration. It is our understanding that warning labels that do not refer to air bags or seat belts may continue to be placed on the side of the sun visor opposite from the air bag warning label. Nissan currently places a label on the sun visor of a convertible model which provides instructions regarding the use of the convertible top. May this type of label continue to be placed on the sun visor, so long as it is on the side of the visor opposite from the air bag warning label? Section S4.5.1(b)(2) specifies (1) that no other information shall be on the same side of the sun visor as the air bag warning label, and (2) that no other information concerning air bags or seat belts shall appear anywhere on the sun visor. Therefore, you are correct that information concerning the operation of a convertible top could be placed on the side of the sun visor opposite the side with the air bag warning label. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam0437OpenArmand F. Macmanus, Esq., Phillips Petroleum Company, Bartesville, Oklahoma 74004; Armand F. Macmanus Esq. Phillips Petroleum Company Bartesville Oklahoma 74004; Dear Mr. Macmanus: This is in reply to your letter of June 29, 1971, requesting that w reconsider certain opinions provided to you in a letter dated June 4, 1971, which was in response to your letter of May 11, 1971. The opinions you wish us to reconsider concern whether certain tires used by Phillips for experimental purposes must comply with Motor Vehicle Safety Standard No. 109. The facts as you state them are the Phillips purchases new passenger car tires that have been certified as conforming to Standard No. 109, buffs them down, and then applies new tread, consisting of experimental rubber compounds, to them. You state that these experimental tires are tested by using them on the public roads, as well as by other methods.; In our letter to you of June 4 we stated that we consider these tire to be new pneumatic tires, and subject to Motor Vehicle Safety Standard No. 109. The Further stated that we considered the testing of them on public highways to be an introduction of these tires in interstate commerce, and that if the tires failed to conform to the standard, then such testing would be in violation of S103(a)(1) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1397(a)(1)). For the reasons given below, we affirm our earlier opinion. In addition, while not stated in our earlier letter,the failure by Phillips to certify these tires as conforming to Standard No. 109, pursuant to section 114 of the Act (15 U.S.C. S1403), Standard No. 109, and the Tire Identification and Recordkeeping regulations (49 CFR Part 574) constitutes a violation of second 108(a)(3) of the Act (15 U.S.C. S1397(a)(3)). Each violation of section 108(a)(1) and 108(a)(3) is subject to a civil penalty, as provided in section 110 (15 U.S.C. SS1398,1399).; Your position appears to be that the tires in question are not covere by either Standard No. 109 or Standard No. 117 (retreaded Pneumatic Tires) as the National Traffic and Motor Vehicle Safety Act does not apply to the use of motor vehicles or motor vehicle equipment after the first purchase for a purpose other than resale. You claim that Phillips' activity with respect to these tires is merely to use them and, citing section 108(b)(1) of the Act (15 U.S.C. S1397(b)(1)) takes place after the first purchase for a purpose other than resale and is consequently not within the scope of section 108(a)(1). The tires, therefore, need not comply with the standards.; You make a concurrent argument as well, in which you state that th prohibitions in section 108(a)(1) are 'restricted to controlling the sale or resale of tires in commercial channels.' You go on to state that if this were not true, the government would be forced to control the use and resale of the tires by the consumer. You feel that this argument is substantiated by the exemption in Standard No. 109 concerning the *sale* (your emphasis) of 'reclassified tires.'; Phillips' activity under the Act with respect to the tires in questio is not that of a user or consumer, but that of a manufacturer. According to your letter Phillips purchases new passenger tires for the purpose of transforming them into experimental tires. In this regard Phillips is manufacturing a new and different tire, and the original tires are no more than raw materials which become part of the final product manufactured by Phillips. Whether or not Phillips ultimately sells or intends to sell the tires is unimportant in determining whether Phillips is a statutory manufacturer, as the definition of 'manufacturer' under the Act (S102(3), 15 U.S.C. S1391(3)) does not require that the product be manufactured or assembled for sale.; Moreover, you are incorrect in you analysis of the provisions of th National Traffic and Motor Vehicle Safety Act. Section 108(a)(1) proscribed more than the manufacturing for sale, or the sale of motor vh(sic) and motor vehicle equipment. In clear language it also proscribed the introduction of such components in interstate commerce, and prohibits the latter as well as the former activities after the effective date of a motor vehicle safety standard, unless the vehicle or item of equipment conforms to the standard. Contrary to the arguments in your letter, the use of such components on the public highways is an introduction of them in interstate commerce and subject to the prohibitions of section 108(a)(1). The exception to this, 'after the first purchase...in good faith for purposes other than resale' (S108(b)(2)), is intended to exempt used vehicles (and equipment) manufactured after a standard's effective date, as a continued reading of the section, which authorizes the establishment of used vehicle standards, indicates. It allows, for example, a vehicle or item of equipment that was manufactured after the effective date of applicable standard to be resold without requiring the seller to ensure that the vehicle or equipment is in the same condition with regard to the standards as when it was new. this section is not intended to allow individuals to manufacture vehicles or equipment for their own use on public highways without complying with applicable standards.; Your reference to the treatment of reclassified tires is not in point The decision in that rulemaking action was to prohibit either the manufacturer or the sale of these tires, and the latter course was chosen so that manufacturers would not be required to destroy noncertified tires that would be inexpensive and not unsafe for a narrowly prescribed use. In no way does this exemption reflect the limitation that you suggest on the authority of the NHTSA.; As we started to you in our letter of June 4, 1971, the tires that yo manufacture are not retreaded tires as the casing used in their manufacture do not come from used tires. However, these tires are new pneumatic tires, and such are subject to Motor Vehicle Safety Standard No. 109.; Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam5635OpenMr. Yoshiaki Matsui Manager Automotive Equipment Legal & Homologation Section Stanley Electric Co., Ltd. 2-9 13, Nakaameguro, Meguro-ku Tokyo 153, Japan; Mr. Yoshiaki Matsui Manager Automotive Equipment Legal & Homologation Section Stanley Electric Co. Ltd. 2-9 13 Nakaameguro Meguro-ku Tokyo 153 Japan; "Re: Accessory Lamp with LEDs Dear Mr. Matsui: This responds to you letter of September 18, 1995, describing a combination tail, stop, and rear turn signal lamp which incorporates incandescent bulbs to perform assigned functions, and which contains light-emitting diodes (LEDs) in a compartment along the outboard side. With respect to red LEDs adjacent to the tail and stop lamp, you state that the lamp is designed to conform to Standard No. 108 using the incandescent bulbs only, and that you regard the LEDs as an 'accessory' acceptable to NHTSA (Your Question 1). We agree. Because the LEDs are not necessary to conformance with Standard No. 108, they are considered supplemental lighting equipment. Such equipment is permitted by paragraph S5.1.3 of Standard No. 108 if it does not impair the effectiveness of lighting equipment required by Standard No. 108. You state that when the taillamp and LEDs are lit simultaneously, the total intensity does not exceed the maximum intensity specified for a one-section taillamp. It would therefore appear that the presence of the LEDs does not impair the effectiveness of the taillamp (or the stop lamp, which will have a higher intensity). The red LEDs will provide a red color through the amber lens that covers the turn signal lamp, and will remain on when the turn signal is activated (Your Question 2). This design also appears permissible. We have never considered contiguous rear steady-burning red and flashing amber lamps to be prohibited by Standard No. 108 (the basic design of your lamp), and we do not believe that the supplemental red LEDs will impair the effectiveness of the amber turn signal lamp. If you have any further questions, you may refer them to Taylor Vinson of this Office (phone: 202-366-5263). Sincerely, Samuel J. Dubbin Chief Counsel"; |
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ID: aiam4927OpenMr. Darrell E. Lischynski, P.Eng. Project Manager, Energy and Processing Prairie Agricultural Machinery Institute P.O. Box 1150 Humboldt, Saskatchewan S0K 2A0 Canada; Mr. Darrell E. Lischynski P.Eng. Project Manager Energy and Processing Prairie Agricultural Machinery Institute P.O. Box 1150 Humboldt Saskatchewan S0K 2A0 Canada; "Dear Mr. Lischynski: This responds to your letter of October 3, 199 concerning Calmar Industries' Seat Lift Kit for Ford Supercab trucks. As described by you, the 'Seat Lift Kit is an attachment to raise the rear bench seat in Ford Supercab trucks. The kit does not alter the factory seat, and uses the factory seat belts. However, the seat mounts are changed, and an extension is provided to raise the seat belt attachment point.' You asked which safety standards this kit must meet. The National Highway Traffic Safety Administration has issued one safety standard that applies to seats, Standard No. 207, Seating Systems, and the following safety standards that apply to safety belts: Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages. All safety belts sold in the United States must be certified as complying with Standard No. 209, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as a replacement part. However, since you indicate that the kit uses the factory-installed safety belts, it does not appear that you need to be concerned with this standard. Since Standard No. 207, Standard No. 208 and Standard No. 210 apply only to new vehicles, they are called vehicle standards. The National Traffic and Motor Vehicle Safety Act specifies that vehicles must conform with all applicable safety standards up until the first purchase for purposes other than resale. Therefore, if the seat lift kit is installed in a truck before its sale to its first purchaser, the vehicle with the lift kit installed must conform to these standards. After the first purchase, the vehicle is no longer required by Federal law to conform with all safety standards. However, section 108(a)(2)(A) of the Safety Act provides as follows: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . . In order to avoid violating this provision, a manufacturer, dealer, distributor, or repair business which installed the lift kit would need to ensure, by carefully comparing the lift kit and its planned installation with the requirements of relevant safety standards, that such installation enables the vehicle to continue to comply with all applicable safety standards. Violations of 108(a)(2)(A) are punishable by civil fines of up to $1,000 per violation. I note that section 108(a)(2)(A) does not affect modifications made by vehicle owners to their own vehicles. I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam3132OpenMr. H. J. T. Young, Vice President - Technical Affairs, SEV Corporation, 33201 Harper Avenue, St. Clair Shores, MI 48082; Mr. H. J. T. Young Vice President - Technical Affairs SEV Corporation 33201 Harper Avenue St. Clair Shores MI 48082; Dear Mr. Young: This is in reply to your letter of September 24, 1979, to Mr. Vinson o this office asking for an interpretation of Federal Motor Vehicle Safety Standard No. 108.; You referred to the SAE standard on motorcycle headlamps, J584, whic specifies that the 'bulb or unit shall be operated at its rated voltage during the [photometric] test.' You asked whether the 'rated voltage' of J584 is the same rated voltage of ECE Regulation 37 when the bulb in question is a European bulb bearing an E mark signifying compliance with Regulation 37.; The term 'rated voltage' is not defined by J584 or by the correspondin standard on sealed beam headlamps, J579c. It is our opinion, however, that 'rated voltage' is the equivalent of 'design voltage' on the basis of the SAE standard that covers bulbs used in sealed beam headlamps, J573d, *Lamps Bulbs and Sealed Units*. Table 2 of J573d lists voltages for such headlamps under the heading of 'Design.'; We realize that your question arises in the context of recent testin by NHTSA of Cibie headlamps, incorporating European H4 halogen bulbs, for compliance with the requirements of Standard No. 108 for motorcycle headlighting. NHTSA tested these headlamps at 12.8 volts and discovered that the maximum allowable 5000 candela at test point 4D-V was exceeded by many of the lamps tested. You raised the question whether NHTSA should not have tested at 12 volts, the 'rated value' given by Regulation 37 for the H4 bulb, at which value all lamps tested by NHTSA would have complied at test point 4D-V.; We do not believe that NHTSA is required by J584 to test the H4 bulb a 12 volts. Regulation 37 specifies a 'test voltage' of 13.2 for the H4 bulb, a point apparently recognized by EFPE Company's catalogue 'Turned on Lighting' which gives wattage figures for the headlamps in question 'at 13.2 design volts as specified by the bulb manufacturer.' If anything, NHTSA was overly conservative in testing its lamps at 12.8 volts, for it is apparent that had it tested at 13.2 volts even more failures would have occurred.; As Roman Brooks explained to you, it has been the European practice a nearly as we can determine to test the H4 bulb at 12.8 volts, apparently in recognition that the higher voltage levels are closer to those generated by the electrical systems of the motor vehicles on which the headlamps are installed. Given this fact and Regulation 37's specification of 13.2 test volts, we do not believe that a lamp manufacturer could successfully argue in court that J584 was ambiguous and should be construed against NHTSA in any attempt by this agency to enforce motorcycle headlighting requirements on the basis of results of test conducted at 12.8 volts.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3562OpenConfidential; Confidential; Dear: This is in reply to your letter of March 23, 1982, asking for 'confidential interpretation' of the applicability of certain Federal motor vehicle safety standards to sidecars.; The agency does not provide 'confidential interpretations.' You questions are of public interest and a copy of this letter will be placed in the interpretations file that is available for public review. However, because it relates to 'specific future model product plans,' we are deleting your name and address from the copy of our response made available to the public.; You first ask for confirmation of your understanding that no Federa motor vehicle safety standard is applicable to a sidecar 'sold independently as an aftermarket item.' It is true that there are no 'sidecar' standards. But certain of its equipment items are themselves covered by Federal equipment standards and must independently comply. Specifically, brake hoses, lighting equipment, tires and glazing (if provided) would have to meet Standards Nos. 106, 108, 119, and 205 as they apply to motorcycle equipment. In addition, because a sidecar is an item of motor vehicle equipment, the manufacturer of any sidecar sold in the aftermarket would be responsible for notification and remedy in the event his product was determined to contain a safety-related defect.; You have presented the hypothetical situation of a motorcycle supplie to a retail dealership with the sidecar attached by the manufacturer and asked whether it is considered to be a three-wheeled motorcycle or a two-wheeled motorcycle with an attachment of motor vehicle equipment. You point out that the former interpretation raises questions of practicability of compliance with the standards.; The definition of a motorcycle encompasses both two- and three-wheele vehicles, and we believe that the questions you have raised subsequently with respect to Standards Nos. 108, 119, 120, and 122 should be answered on a common sense basis. For lighting equipment on the front and rear of a motorcycle the vertical center line of a motorcycle with sidecar attached is the vertical center line of the two-wheeled motorcycle. However, the side reflex reflector should be placed on both the motorcycle and the sidecar. Standards Nos. 119 and 120 must be met by the motorcycle with the sidecar attached. In addition, a motorcycle whose original equipment includes a sidecar must meet Standard No. 122 with the sidecar attached. If a motorcycle with sidecar is capable of meeting Standard No. 122 without the sidecar being equipped with a brake, then the sidecar need not have a brake.; I hope this answers your questions. 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.