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: aiam4579OpenConrad S. Brooks, Engineering Manager Fisher Engineering 12 Water Street P.O. Box 529 Rockland, ME 04841; Conrad S. Brooks Engineering Manager Fisher Engineering 12 Water Street P.O. Box 529 Rockland ME 04841; "Dear Mr. Brooks: This responds to your December 1, 1988, lette concerning the applicability of Federal regulations to motor vehicles to which a detachable snowplow is attached. I will respond to each one of your specific questions below. Question One: 'Please confirm in writing that the substructure for a snowplow mounting that is permanently attached to a four wheel drive vehicle may be attached to and be forward of the front bumper without violating any existing or proposed vehicle safety standard.' Response: We cannot make such a blanket statement. The weight and the location of the substructure might affect the vehicle's compliance with Standard No. 105, Hydraulic Brake Systems (49 CFR /571.105) and Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars (49 CFR /571.120). Any person attaching such a substructure before the first retail sale of the vehicle would have to certify that the vehicle with the substructure attached complied with all applicable safety standards. Any commercial business attaching such a substructure after the first retail sale of the vehicle must ensure that the addition of the substructure does not 'render inoperative' the vehicle's compliance with any safety standard. Commercial businesses are prohibited from 'rendering inoperative' a vehicle's compliance with any safety standard by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)). Question Two: 'Is the snowplow blade, being detachable and used only a few hours each year, considered as part of the vehicle payload when it is attached?' Response: None of our regulations define or otherwise mention the term 'vehicle payload.' We assume that you are referring to calculation of the vehicle's weight when you speak of its 'payload.' If this is the case, we have definitions of many different weight calculations set forth in 49 CFR /571.3 and in our individual safety standards. Some of these weight calculations would exclude a detachable snowplow blade. For instance, 'unloaded vehicle weight' is defined in 49 CFR /571.3 as: the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle, but without cargo, occupants, or accessories that are ordinarily removed from the vehicle when they are not in use. (emphasis added). In a January 18, 1977, letter to Mr. D.J. Henry, the agency stated that portions of a snowplow that would ordinarily be removed from the vehicle when they are not in use (such as a snowplow blade) would not be included in calculating the 'unloaded vehicle weight.' If you would identify the particular weight calculation in which you are interested, we would be pleased to tell you whether the weight of a detachable snowplow blade should be included in that particular weight calculation. Question Three: 'Does this exempt a vehicle, with the blade attached and raised, from having to meet the Front Gross Axle Weight Rating restrictions?' Response: No. There are no exemptions from the gross axle weight ratings. 49 CFR /571.3 defines gross axle weight rating as 'the value specified by the vehicle manufacturer as the load carrying capacity of a single axle system, as measured at the tire-ground interfaces.' The vehicle manufacturer or any vehicle alterer must base its certification of the vehicle's compliance with all applicable safety standards on the assigned gross axle weight ratings. NHTSA answered the specific question of how detachable snowplow blades are considered in determining whether a vehicle is within its assigned gross axle weight ratings in a March 8, 1976, letter to Mr. Edward Green. In that letter, we stated that any determination of whether a vehicle was within its assigned gross axle weight rating would include the weight imposed on that axle system by a snowplow with the blade attached and raised. Question Four: Is there a specific limitation of what percent of the vehicle curb weight can be supported by the front axle? The Ford Truck and Body Builders Layout book specifies a maximum of 63 percent for the front axle. Response: None of our regulations, including the definitions of 'gross axle weight rating' and 'gross vehicle weight rating,' specify any weight distribution limitations or proportions for the front axle of a vehicle. The only issue for the purposes of our safety standards is whether the vehicle complies with all applicable standards when it is loaded to its assigned gross axle weight ratings. As long as the vehicle complies with our standards under those loading conditions, it makes no difference what proportion of the curb weight is assigned to each axle. We assume the reason that Ford's guidebook specifies a maximum of 63 percent of the vehicle's curb weight to be supported by the front axle is to ensure that the proportional load stopped by the vehicle's front and rear brakes will be such that the vehicle can be certified as complying with our braking standard. Any commercial entity that modified a Ford vehicle in such a way that more than 63 percent of the curb weight were supported by the front axle would have to certify that the modified vehicle complied with our braking standard, if the modification were made before the first retail sale of the vehicle, or make an initial finding that the modifications did not result in 'rendering inoperative' the vehicle's compliance with our braking standard, if the modification were made after the first retail sale of the vehicle. Question Five: If the portion of curb weight on the front axle is only dictated by vehicle performance, can NHTSA suggest a source for some general guidelines to avoid performance testing? Response: As noted in response to Question Four, vehicle performance is the only limitation on the proportion of curb weight that can be assigned to the front axle. For vehicles that are modified before the first retail purchase, the entity making the modifications can consult the instructions provided by the incomplete vehicle manufacturer. An example of these instructions is the Ford Truck and Body Builders Layout book to which you referred in your letter. Those instructions generally establish some limits on the parameters of the completed vehicle, such as its weight, height of center of gravity, and so forth. When the entity modifying the vehicle completes the vehicle within the limits established by the incomplete vehicle manufacturer, the modifier is not required to conduct its own testing or engineering analyses. When a vehicle is modified after its first retail purchase, the modifier could remain within the gross axle weight ratings and gross vehicle weight ratings labeled on the vehicle. If the modifier does so, it would not need to conduct any testing or engineering analyses. If you have any further questions or need more information on this subject, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Erika Z. Jones Chief Counsel"; |
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ID: aiam4077OpenMr. William von Raab, The Commissioner of Customs, United States Customs Service, 1301 Constitution Avenue, N.W., Washington, DC 20229; Mr. William von Raab The Commissioner of Customs United States Customs Service 1301 Constitution Avenue N.W. Washington DC 20229; Dear Mr. von Raab: This responds to your letter suggesting a potential enforcement proble with the new Federal motor vehicle theft prevention standard promulgated by the National Highway Traffic Safety Administration (NHTSA). As you noted, the Customs Service will be the agency responsible for enforcing the provisions in the theft prevention standard requiring subject vehicles and parts to be properly marked and certified before they are imported into the United States. You stated that it was essential that the Customs Service be provided a list of 'authorized individuals or companies which have been found by the Department of Transportation to possess the capability and integrity to properly certify imported vehicles and parts.' Accordingly, you requested that we provide you with such a list. The Department of Transportation does not authorize individuals or companies to engage in the business of importing and modifying vehicles. Therefore, we cannot provide you with a list such as you requested.; This issue arises primarily with respect to 'direct importers'. Thes direct importers are individuals and commercial enterprises that obtain foreign cars not originally manufactured for sale in the United States, bring them into this country under bond, and modify the cars so that they can be certified as being in compliance with the U.S. vehicle safety, emissions, and bumper standards. This is commonly referred to as the automotive 'gray market'. The statutes mandating the Federal safety, emissions, and bumper standards (15 U.S.C. 1397(b)(3), 42 U.S.C. 7522(b)(2), and 15 U.S.C. 1916(b)(3)) explicitly authorize vehicles not in compliance to be brought into this country under bond. However, the Theft Act (15 U.S.C. 2021 *et seq*.) contains no such provision. Therefore, direct importers must modify all their subject vehicles to comply with the theft prevention standard before the vehicles are imported, and must certify that the vehicles are in compliance at the time of entry.; You stated in your letter that the theft prevention standard could b read to allow any person to certify compliance of an imported vehicle with the standard and that the Customs Service would have no way to judge the authenticity of the certification or the 'ability of the party to certify to compliance at the time of importation.' You suggested that vehicles and parts could be imported without being properly marked, if Customs had to accept the certification of any person importing such vehicles or parts.; We do not believe that reliance on the importers' certifications wil cause the enforcement problems you fear. If subject vehicles or parts bear a certification that complies with the requirements of the theft prevention standard, the Customs Service should allow those vehicles or parts to be imported. NHTSA enforcement personnel will conduct spot checks of the direct importers' vehicles and parts. If we discover that some direct importers are certifying compliance with the theft prevention standard without actually marking in accordance with that standard, we will take appropriate enforcement actions. We expect these actions will help deter any direct importers or other manufacturers who are tempted to falsely certify compliance with the theft prevention standard.; Although we share your concern that all authorized manufacturers an importers of motor vehicles comply with the theft prevention standard, we have no authority to require any person or entity to register with the Department of Transportation and show a capability to comply with the standard *before* importing a vehicle. We do currently collect information about importers *after* they have imported a vehicle, as does the Customs Service. However, the fact that a potential importer has not previously imported a vehicle has no legal significance for our enforcement efforts.; I appreciate your concern for the effective enforcement of our thef prevention standard. Please feel free to contact me if you have any further suggestions or ideas in this regard.; Sincerely, Elizabeth Hanford Dole |
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ID: aiam5075OpenUnder Secretary Ministry of Commerce and Industry P. O. Box No. 2944 KUWAIT; Under Secretary Ministry of Commerce and Industry P. O. Box No. 2944 KUWAIT; "Dear Mr. Under Secretary: This responds to your letter concernin United States tire regulations. You stated that some companies have been reported to be dumping defective and rejected tires in your country. In response to that situation, the Ministry of Commerce and Industry issued a decree requiring that all imported tires must be new, must comply with international standards, and must be accompanied by a quality certificate issued by an independent, officially recognized authority which has the capability of testing and proving the quality of the tires in accordance with the standards. You stated that you have been unable to obtain such a certificate from the United States, but have received one from a company called Societe Generale de Surveillance, which issues a certificate for each shipment separately and does only visual tests and not laboratory testing. You stated that you have studied this agency's tire standards and posed a series of questions to us which I will endeavor to answer below. By way of background information, under the National Traffic and Motor Vehicle Safety Act of 1966, ('Safety Act,' 15 U.S.C. 1381 et seq.), the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new motor vehicle equipment. Tires are considered motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards. Manufacturers of motor vehicles and motor vehicle equipment must certify that their products meet all applicable safety standards. All new tires sold in the United States for use on passenger cars must be certified as complying with Standard No. 109 (49 CFR Part 571.109), and all new tires sold for use on other motor vehicles must be certified as complying with Standard No. 119 (49 CFR Part 571.119). These standards specify performance requirements (strength, endurance, high speed performance, and for passenger car tires only, resistance to bead unseating), marking requirements (treadwear indicators and labeling information), and tire and rim matching information requirements. The process of certifying compliance with the applicable safety standards under the Safety Act is considerably different in the United States than in other countries. For example, the European nations require manufacturers to deliver tires to a governmental entity for testing. After the governmental entity tests the tires, the government approves those tires for use and assigns an approval code to the tires. The Safety Act, on the other hand, establishes a 'self-certification' process for tires sold in the United States. Under this process, the tire manufacturer, not a governmental entity, certifies that its tires comply with applicable safety standards. The Safety Act does not require that a manufacturer base its certification on a specified number of tests. A manufacturer is only required to exercise due care in certifying its tires. It is the responsibility of the individual tire manufacturer to determine initially what test results, computer simulations, engineering analyses, or other information it needs to enable it to certify that its tires comply with Federal tire safety standards. Once a manufacturer has determined that its tires meet all requirements of the safety standards, it certifies such compliance by molding the letters 'DOT' onto at least one sidewall of each certified tire. This agency does not perform any pre-sale testing or approval of tires. Rather, NHTSA randomly tests certified tires to determine whether the tires do, in fact, comply with applicable standards. For these enforcement checks, NHTSA purchases tires 'off the shelf' from retail tire dealers and tests those tires according to the procedures specified in the standards. If the tires pass the tests, no further action is taken. If the tires fail the tests and are determined not to comply with the standards, the tire manufacturer is required to remedy the noncompliance without charge. With the above background in mind, I now turn to your specific questions: 1. Must all tires manufactured and sold in the United States bear the 'DOT' mark? Answer: Yes, assuming that the tires are intended for use on motor vehicles. The 'DOT' symbol molded onto at least one side of the tire is the manufacturer's certification that that tire complies with all applicable safety standards. 2. What are the bases for granting the right to use the 'DOT' mark by tire manufacturers? Answer: The use of the 'DOT' symbol on tires is a requirement imposed on tire manufacturers and not a right which is granted. 3. Is the 'DOT' symbol required for tires intended both for domestic consumption and for export? Answer: NHTSA's safety standards do not apply to motor vehicles or motor vehicle equipment which are intended solely for export. Therefore, the 'DOT' symbol is required only for tires intended for use in the United States. 4. Is there a validity time for the use of the 'DOT' symbol? Answer: No. The symbol constitutes the manufacturer's certification that, at the time a new tire is manufactured, that tire complies with all applicable Federal safety standards. 5. What is the relationship between your administration and the Department of Transportation concerning the implementation of the 'DOT' symbol? Answer: NHTSA is a subordinate agency of the United States Department of Transportation. 6. What are the legal responsibilities of manufacturers by using the 'DOT' symbol? Answer: As indicated above, by placing the 'DOT' symbol on a tire the manufacturer certifies that, under the provisions of the Safety Act, the tire complies with all applicable Federal safety standards. 7. What are the responsibilities of manufacturers in case of violations of the 'DOT' symbol's role? Answer: If a tire is determined not to comply with a safety standard, the manufacturer is required to remedy the noncompliance without charge. In addition, violations of Safety Act provisions may result in civil fines. I hope that the information in this letter is helpful to you. Should you have any further questions, however, please feel free to contact Mr. Walter Myers of my staff at this address or by telephone at (202) 366-2992, FAX (202) 366-3820. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam4980OpenMr. Robert Salton Performance Friction Corp. 83 Carbon Metallic Highway P.O. Box 819 Clover, S.C. 29710-0819; Mr. Robert Salton Performance Friction Corp. 83 Carbon Metallic Highway P.O. Box 819 Clover S.C. 29710-0819; "Dear Mr. Salton: This responds to your request for an interpretatio of Federal Motor Vehicle Safety Standard No. 105, Hydraulic Brake Systems (49 CFR 571.105). You stated that you are unclear about the pedal force requirements during the first fade and recovery test baseline check stops, and that an interpretation would make it clear exactly what calculation of pedal effort is used to verify compliance during the fade and recovery check stops. You also asked what values of pedal effort would be 'considered non-compliance,' i.e., whether peak, average or sustained control force must be within the specified limits under section S5.1.4.1. You indicated in a telephone conversation with Edward Glancy of my staff that you are primarily interested in the requirements for vehicles with a GVWR less than 10,000 pounds. Your questions are addressed below. By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable standards. A manufacturer then certifies that its vehicles or equipment comply with the applicable standards. Standard No. 105's fade and recovery requirements are set forth in S5.1.4. These requirements must be met under the conditions prescribed in S6, when tested according to the procedures set forth in S7. See S5.1. The standard specifies two fade and recovery tests, each of which consists of three parts: (1) baseline check stops or snubs, (2) fade stops or snubs (the heating cycle), and (3) recovery stops or snubs. The pedal force requirements for the baseline check stops or snubs are set forth in S5.1.4.1, which reads as follows: The control force used for the baseline check stops or snubs shall be not less than 10 pounds, nor more than 60 pounds, except that the control force for a vehicle with a GVWR of 10,000 pounds or more may be between 10 pounds and 90 pounds. S5.1.4.1 must be read in conjunction with S7.11.1, which sets forth the procedure for the baseline check stops or snubs. S7.11.1.1 provides the following procedure for vehicles with a GVWR of 10,000 pounds or less: Make three stops from 30 mph at 10 fpsps for each stop. Control readings may be terminated when vehicle speed falls to 5 mph. Average the maximum brake control force required for the three stops. The baseline check stops or snubs are thus made at a constant deceleration (10 fpsps), with the control force varying as necessary to maintain that constant deceleration. Under S5.1.4.1, the control force is required to stay within a prescribed range (10 pounds to 60 pounds for vehicles with a GVWR less than 10,000 pounds) throughout the entire stop or snub (from the time in which application is started until the vehicle speed falls to 5 mph, other than the initial momentary period it takes to go from 0 to 10 pounds). Thus, compliance with S5.l.4.1 is not determined based on peak, average or sustained control force. Instead, for a vehicle to comply with this test, the control force must never fall below 10 pounds or be above 60 pounds during any part of the test (for the period described above). Your other question concerned how calculation of pedal effort during the baseline check stops or snubs is used to verify compliance during the fade and recovery check stops. As indicated above, S7.11.1.1 specifies that an average is taken of the maximum control force for the three stops. The term 'maximum' refers to the peak control force for each of the stops. I note that this average is not related to whether the vehicle complies with S5.1.4.1. Instead, as discussed below, this average establishes a baseline control force, which is used to derive certain of the control force limits for the recovery stops. The requirements for the recovery stops are set forth in S5.1.4.3, which reads as follows: Each vehicle with a GVWR of 10,000 pounds or less shall be capable or making five recovery stops from 30 mph at 10 fpsps for each stop, with a control force application that falls within the following maximum and minimum limits: (1) A maximum for the first four recovery stops of 150 pounds, and for the fifth stop, of 20 pounds more than the average control force for the baseline check, and (2) A minimum of-- (A) The average control force for the baseline check minus 10 pounds, or (B) The average control force for the baseline check times 0.60, whichever is lower (but in no case lower than 5 pounds). . . . Thus, the minimum and (for one stop) the maximum control force limits for the recovery stops are calculated using the average control force for the baseline check stops or snubs. This average control force is the one calculated under S7.11.1.1 using the maximum control force of each of the baseline check stops or snubs. 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"; |
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ID: aiam2950OpenMr. Hisakazu Murakami, Nissan Motor Co., Ltd., P.O. Box 1606, 560 Sylvan Avenue, Englewood Cliffs, New Jersey 07632; Mr. Hisakazu Murakami Nissan Motor Co. Ltd. P.O. Box 1606 560 Sylvan Avenue Englewood Cliffs New Jersey 07632; Dear Mr. Murakami: This is in response to your letter of September 29, 1978, and i confirmation of your conversation with Mr. Schwartz of my office. Since the agency was considering petitions for reconsideration when your letter was received, we concluded that it would be more helpful to respond to your letter after the revised standard was issued. A copy of the amendments to the standard and a copy of the notice of proposed rulemaking to further amend the standard are enclosed.; Your letter raised a number of question concerning Federal Moto Vehicle Safety Standard No. 115. These questions will be answered in the order posed in your letter.; Q-1. The term 'line' is defined in S34 of the standard to mean 'a nam which a manufacturer applies to a family of vehicles within a make which have a degree of commonality in construction, such as body, chassis or cab type'. You are correct in saying that 'B210' is a Datsun 'line.'; Q-2. You ask whether it is necessary in designating a vehicle 'line' t distinguish between independent and rigid axle systems within the same model of vehicle. The answer to your question is no. It is not necessary to make this distinction. In your example, either Case 1 or Case 2 would be correct.; Q-3. You ask whether it is necessary in designating a vehicle 'line' t distinguish between different lengths of wheel base within the same family of vehicles. Again, the answer to your question is no. In your example, either Case 1 or Case 2 would be correct.; Q-4. You ask whether it is necessary in designating vehicle 'body type to distinguish between a 2-door vehicle and a 4-door vehicle. It is necessary to make this distinction.; Q-5. You also ask whether it is necessary in designating vehicle 'bod type' to distinguish between a sedan and a hardtop. It is not necessary to make this distinction.; Q-6 You ask whether it would be necessary in designating a vehicl 'series' to distinguish between a Datsun 810 with air conditioning and power steering and a Datsun 810 with these features. It is not necessary to make this distinction.; Q-7. You ask whether it would be necessary in designating a vehicl 'series' to distinguish between a Datsun B210 with a cigarette lighter and a Datsun B210 with out a cigarette lighter and with a less elegant interior. It is not necessary to make this distinction. A Datsun B210 with two doors would have a different 'body type' than a datsun B210 with four doors, however.; Q-8. You ask whether in designating vehicle 'engine type', you may us the same character (e.g., 'H') to designate different engines so long as they are within *different* 'lines', or whether you must use different characters for each engine type you manufacture.; The vehicle description section (VDS) of the VIN is used to describe group of vehicles with common characteristics. One of these characteristics is engine type. The VDS is a 'code word' which is translated as a whole into the appropriate specification. Each VDS is unique, and the use of a specific character in one VDS does not bar its use in another VDS, whether or not the meaning is the same or different. Consequently, 'HB210' can represent a Datsun B210 with an 85 CID displacement engine and 'HA100' can represent a DATSUM(sic) 510 with a 119 CID displacement engine. In your example, both Column 1 and column 2 would be permissible.; Q-9. you ask whether it is necessary to uniquely distinguish all engin types within a *make*, or whether it is sufficient to distinguish engine types within a line. As explained above, each vehicle descriptor section is unique. Consequently, you may use the same characters in more than one VDS provided the VDS can be translated into the specific engine type. In your example, either Column 1 or Column 2 would be permissible.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam5039OpenMr. Charles Henry, Jr. 537 Rock Springs Road Atlanta, Georgia 30324; Mr. Charles Henry Jr. 537 Rock Springs Road Atlanta Georgia 30324; "Dear Mr. Henry: This responds to your letter that requeste information about how the laws and regulations administered by this agency would apply to a device you wish to market. Since your device is an item of 'motor vehicle equipment,' it would be subject to our jurisdiction as explained below. In your letter, you stated that when installed in a motor vehicle, your device would automatically shut down the 'lighting circuits of an automobile or vehicle' within a prescribed time period after the motor is turned off. In a telephone conversation with Dorothy Nakama of my staff, you explained that the lights controlled by the device are the headlights and tail lights. By way of background information, NHTSA has no authority to approve, endorse or offer assurances of compliance for any motor vehicle or item of motor vehicle equipment. Instead, the National Traffic and Motor Vehicle Safety Act of 1966 ('Safety Act,' 15 U.S.C. 1381 et seq.) authorizes this agency to regulate 'motor vehicles' and 'motor vehicle equipment.' Section 102(4) of the Safety Act (15 U.S.C. 1391(4)) defines 'motor vehicle equipment,' in part, as: any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system part, or component or as any accessory or addition to the motor vehicle... As an 'addition' to the motor vehicle that automatically shuts off the vehicle's lights, after the motor is shut down, we would consider your device as 'motor vehicle equipment.' There are no specific provisions in the safety standards that set forth requirements for devices that automatically shut off lights on motor vehicles, after the motor is shut down. Thus, your company as the manufacturer of such a device would not have to certify that the device complies with any safety standards before offering it for sale to the public. From your letter, it appears that your device is initially intended for installation after first sale of the motor vehicle to the public, but may later be sold for installation before such sale. The addition of this device to a vehicle before the vehicle's first sale could affect the vehicle's compliance with the safety standards. NHTSA's certification regulation requires vehicle manufacturers to permanently attach a label to each of their new vehicles stating that the vehicle complies with all applicable safety standards. See 49 CFR 567.4. The certification regulation also sets forth requirements for persons who modify previously certified vehicles by adding, modifying, or substituting readily attachable components. Such persons are considered 'alterers' of the previously certified vehicles. Alterers are required to leave the original manufacturer's label in place and affix an additional label identifying the alterer and stating that the vehicle, as altered, continues to comply with all applicable safety standards. See 49 CFR 567.7. As you may be aware, Federal Motor Vehicle Safety Standard No. 101, Controls and displays, specifies requirements for the illumination of motor vehicle controls and displays, and Standard No. 108, Lamps, reflective devices, and associated equipment, specifies requirements for lamps on motor vehicles. While your letter gave no details about how this device would be installed in a vehicle, it seems highly unlikely that a device would be regarded as 'readily attachable' if it is designed to automatically shut off lights on a motor vehicle, when the motor is shut down. Thus, any person that installed this device on a new vehicle before the vehicle's first sale to the public would be required to certify that the vehicle complies with all applicable safety standards, including Standards No. 101 and 108, with this device installed. After the first sale of the vehicle to the public, certain persons who modify vehicles are subject to the prohibition in section 108(a)(2) of the Safety Act (15 U.S.C. 1397(a)(2)). That section provides that: 'No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in 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...' To avoid a 'rendering inoperative' violation for vehicles that comply with any of our safety standards, commercial after market installers of your device should examine any installation instructions that you may have for your device and compare those instructions with the requirements of our safety standards, to determine if installing the device in accordance with those instructions would result in the vehicle no longer complying with any of those safety standards. If the installation of your device would not result in a 'rendering inoperative' of the vehicle's compliance with the safety standards, the device can be installed by manufacturers, distributors, dealers and repair shops without violating any Federal requirements. The prohibitions of Section 108(a)(2)(A) do not apply to the actions of a vehicle owner in modifying his or her vehicle. Thus, a vehicle owner would not violate the Safety Act by installing your device even if doing so would adversely affect some safety feature in his or her vehicle. Manufacturers of motor vehicle equipment such as your device are also subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. The Safety Act specifies that if either your company or this agency determines that a safety-related defect exists in your device, your company as the manufacturer must notify purchasers of the safety-related defect and must either: (1) repair the product so that the defect is removed, or (2) replace the product with identical or reasonably equivalent products which do not have a defect. Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than 8 years before the notification campaign. For your information, I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and new motor vehicle equipment. This sheet gives a brief description of our regulations and explains how to obtain copies of those regulations. You should also be aware that state laws may apply to the use of your device. For further information on state laws, you may wish to contact the American Association of Motor Vehicle Administrators at 4600 Wilson Boulevard, Arlington, Virginia 22203. I hope this information is helpful. Please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam5425OpenMs. Doris Hull Owner Sikeston Trailer Sales, Inc. Route 2, Box 2291 Sikeston, MO 63801; Ms. Doris Hull Owner Sikeston Trailer Sales Inc. Route 2 Box 2291 Sikeston MO 63801; Dear Ms. Hull: This responds to your letter of May 16, 1994, addresse to Mr. Robert Hellmuth, whom you identified as Chief Counsel. For your future information, Mr. Hellmuth is Chief of the Office of Vehicle Safety Compliance of this agency. I am the Acting Chief Counsel. Your letter referred to a May 13, 1994 telephone conversation that you and Mr. David McCormick had with Walter Myers of my staff concerning new and used tires on trailers. You asked for confirmation of your understanding of what was said during that conversation, as follows: (a) That as a trailer manufacturer you can sell to a dealer new trailers that are stacked one on top of the other, with new tires on the bottom trailer but no tires or wheels on the stacked trailers, (b) That you can sell used tires and rims but not installed on the new trailers, and (c) That you can separately sell used tires and rims to the purchaser of a trailer, then install them on the new trailer if the purchaser so requests. FMVSS No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars (copy enclosed) provides that vehicles equipped with pneumatic tires for highway service shall be equipped with tires that meet the requirements either of FMVSS 109, New Pneumatic Tires, or FMVSS No. 119, New Pneumatic Tires for Other Than Passenger Cars. Both those standards specify requirements for new tires. As an exception to those requirements, however, paragraph S5.1.3 of FMVSS No.120 provides that: A truck, bus, or trailer may at the request of the purchaser be equipped at the place of manufacture of the vehicle with retreaded or used tires owned or leased by the purchaser, . . . Used tires employed under this provision must have been originally manufactured to comply with Standard No. 119, as evidenced by the DOT symbol (emphasis added). With that background in mind, your understanding (a) above is correct. You stated to Mr. Myers that it is common practice in the industry to stack completed trailers one on top of another for shipment, with the bottom trailer being equipped with new tires. This office stated in a letter to Mr. Steve Thomas dated April 14, 1993 (copy enclosed), that new trailers may be sold without tires and wheels. Accordingly, it is permissible to ship trailers without tires and wheels, with new tires on the bottom trailer that is carrying the others. Your understanding (b) is also correct, but with a caveat. No provision of Federal law or regulation prohibits you from separately selling used tires and wheels that you own to anyone you want, including dealers. However, the practice you describe implies that the dealer will be installing the used tires you've provided on the new trailers, which would amount to a violation of Standard No. 120. The standard specifically provides that used or retreaded tires may be installed on new vehicles only at the place of manufacture, the dealer is not permitted to install used tires on new trailers, whether or not owned and requested by the purchaser. Further, a manufacturer that includes used tires with new vehicles, even though not installed on the new vehicle, could be considered to be contributing to a potential violation of the Federal motor vehicle safety standards by the dealer. With respect to understanding (c), S5.1.3, as noted above, requires that used or retreaded tires installed on a new vehicle be owned or leased by the purchaser of the vehicle. The standard, however, does not specify any length of time that the used or retreaded tires must be owned or leased by the vehicle purchaser, nor does the standard specify the source(s) from which the purchaser must have acquired the used or retreaded tires. Therefore, there is no prohibition against the purchaser of a trailer purchasing used or retreaded tires from a trailer manufacturer or from any other source, then requesting the manufacturer to install them on the new trailer. However, we have the following observations about the practice. The used/retreaded tire exception in S5.1.3 was included in the standard to accommodate bus and truck fleets who either purchase or lease tires on a mileage contract basis or who maintain tire banks. A mileage contract purchaser or lessor is one who purchases or leases tires on a per-mile basis. A tire bank is composed of serviceable tires that have been removed from vehicles no longer in service. Mileage contract purchases and tire banks are standard practices in the transportation industry and the agency assumed that those purchasers would select only safe, serviceable tires from their inventories for installation on their new vehicles. The agency also assumed that those purchasers would have owned and used those tires for some length of time prior to their being selected for installation on new vehicles. Thus, the practice of a new vehicle purchaser purchasing used tires from a trailer manufacturer and then asking the manufacturer to install them on the new vehicle was not envisioned by this agency when issuing Standard No. 120. None of the above would relieve trailer manufacturers from their responsibility to attach the required labels with the recommended tire and rim sizes and inflation pressures in accordance with 49 CFR Part 567. I hope this information is helpful to you. Should you have any further questions or need additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure; |
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ID: aiam3259OpenMr. J. W. Lawrence, Manager, Reliability & Government Standards, White Motor Corporation, 35129 Curtis Boulevard, Eastlake, OH 44094; Mr. J. W. Lawrence Manager Reliability & Government Standards White Motor Corporation 35129 Curtis Boulevard Eastlake OH 44094; Dear Mr. Lawrence:#This responds to your letter of January 15, 1980 which requested an interpretation of Federal Motor Vehicle Safety Standard No. 101, *Controls and Displays*. You described a control to be included in heavy duty truck tractors which would operate the cab marker lights and some of the trailer lamps and asked whether Safety Standard 101 would permit labeling of the control with the words 'marker lamps.'#We have concluded, for the reasons stated below, that Safety Standard 101 would not permit the control to be labeled in the fashion you suggest. However, it would permit labeling of the control with the symbol for clearance lamps designated therein accompanied by the words 'Clearance Lamps' or the abbreviation 'Cl Lps' and by the words 'marker lamps.'#With respect to vehicles including trucks with gross vehicle weight ratings exceeding 10,000 pounds manufactured before September 1, 1980, S4 of Safety Standard 101 permits manufacturers to comply with its requirements or with those of Safety Standard 101-80. S4.2.1 of Safety Standard 101 requires that a control which operates clearance lamps, identification lamps and/or side marker lamps be identified with the words 'Clearance Lamps' or the abbreviations 'Cl Lps' as shown in Table I Column 2 of the standard. In addition, S4.2.1 provides that such a control may also be identified by one of the symbols for clearance lamps shown in Columns 3 and 4 of Table I. (See Table I, Footnote 3.) S5.2.1 of Safety Standard 101-80 requires that such a control be labeled with the symbol for clearance lamps shown in Column 3 of Table I of the standard. However, this symbol may be accompanied by the word or abbreviation shown in Column 2 (i.e., Clearance Lamps or Cl Lps) and additional words or symbols may be used at the manufacturer's discretion for the purpose of clarity. (See Table I, Footnote 3.) The requirements of Safety Standard No. 101-80 will become mandatory and will supercede those of Safety Standard 101 for all vehicles to which it applies which are manufactured on or after September 1, 1980.#According to your product description, the control which you propose to label with the words 'marker lamps' would operate some of the trailer lamps and the cab marker lamps which also serve as clearance lamps. Thus, the control would be considered to operate clearance lamps and marker lamps and would be subject to the provisions of Safety Standard 101, Table I, Footnote 3. Accordingly, on vehicles manufactured *before* to September 1, 1980, the control you propose either must be identified in one of the following methods:#>>>1. with the words 'CLEARANCE LAMPS' or the abbreviations 'CL LPS', or#2. with the words or abbreviations shown in method number 1 above accompanied by the symbol shown in Column 3 of Table I or by the symbol shown in Column 4, Table I, of Safety Standard No. 101, or#3. with the symbol for clearance lamps shown in Column 3, Table I, of Safety Standard 101-80, or#4. with the symbol noted in method number 3 above accompanied by the words 'clearance lamps' or the abbreviations 'Cl Lps' as shown in Column 2 of Table I of Safety Standard 101-80, or#5. with the symbol and the words or abbreviations noted in method number 4 above accompanied by any additional clarifying words or symbols the manufacturer may choose.<<<#If the control you have proposed is included in vehicles manufactured on or after September 1, 1980, it must be identified as indicated in method number 3 above and may be identified as indicated in method number 4 or 5 above. Use of method number 5 above would permit use of the words 'marker lamps' in addition to the required symbol and the words 'Clearance Lamps' or the abbreviation 'Cl Lps.'#I hope that you will find this response helpful and have not been inconvenienced by our delay in sending it to you.#Sincerely, Frank Berndt, Chief Counsel; |
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ID: aiam3258OpenMr. J. W. Lawrence, Manager, Reliability & Government Standards, White Motor Corporation, 35129 Curtis Boulevard, Eastlake, OH 44094; Mr. J. W. Lawrence Manager Reliability & Government Standards White Motor Corporation 35129 Curtis Boulevard Eastlake OH 44094; Dear Mr. Lawrence:#This responds to your letter of January 15, 1980 which requested an interpretation of Federal Motor Vehicle Safety Standard No. 101, *Controls and Displays*. You described a control to be included in heavy duty truck tractors which would operate the cab marker lights and some of the trailer lamps and asked whether Safety Standard 101 would permit labeling of the control with the words 'marker lamps.'#We have concluded, for the reasons stated below, that Safety Standard 101 would not permit the control to be labeled in the fashion you suggest. However, it would permit labeling of the control with the symbol for clearance lamps designated therein accompanied by the words 'Clearance Lamps' or the abbreviation 'Cl Lps' and by the words 'marker lamps.'#With respect to vehicles including trucks with gross vehicle weight ratings exceeding 10,000 pounds manufactured before September 1, 1980, S4 of Safety Standard 101 permits manufacturers to comply with its requirements or with those of Safety Standard 101-80. S4.2.1 of Safety Standard 101 requires that a control which operates clearance lamps, identification lamps and/or side marker lamps be identified with the words 'Clearance Lamps' or the abbreviations 'Cl Lps' as shown in Table I Column 2 of the standard. In addition, S4.2.1 provides that such a control may also be identified by one of the symbols for clearance lamps shown in Columns 3 and 4 of Table I. (See Table I, Footnote 3.) S5.2.1 of Safety Standard 101-80 requires that such a control be labeled with the symbol for clearance lamps shown in Column 3 of Table I of the standard. However, this symbol may be accompanied by the word or abbreviation shown in Column 2 (i.e., Clearance Lamps or Cl Lps) and additional words or symbols may be used at the manufacturer's discretion for the purpose of clarity. (See Table I, Footnote 3.) The requirements of Safety Standard No. 101-80 will become mandatory and will supercede those of Safety Standard 101 for all vehicles to which it applies which are manufactured on or after September 1, 1980.#According to your product description, the control which you propose to label with the words 'marker lamps' would operate some of the trailer lamps and the cab marker lamps which also serve as clearance lamps. Thus, the control would be considered to operate clearance lamps and marker lamps and would be subject to the provisions of Safety Standard 101, Table I, Footnote 3. Accordingly, on vehicles manufactured *before* to September 1, 1980, the control you propose either must be identified in one of the following methods:#>>>1. with the words 'CLEARANCE LAMPS' or the abbreviations 'CL LPS', or#2. with the words or abbreviations shown in method number 1 above accompanied by the symbol shown in Column 3 of Table I or by the symbol shown in Column 4, Table I, of Safety Standard No. 101, or#3. with the symbol for clearance lamps shown in Column 3, Table I, of Safety Standard 101-80, or#4. with the symbol noted in method number 3 above accompanied by the words 'clearance lamps' or the abbreviations 'Cl Lps' as shown in Column 2 of Table I of Safety Standard 101-80, or#5. with the symbol and the words or abbreviations noted in method number 4 above accompanied by any additional clarifying words or symbols the manufacturer may choose.<<<#If the control you have proposed is included in vehicles manufactured on or after September 1, 1980, it must be identified as indicated in method number 3 above and may be identified as indicated in method number 4 or 5 above. Use of method number 5 above would permit use of the words 'marker lamps' in addition to the required symbol and the words 'Clearance Lamps' or the abbreviation 'Cl Lps.'#I hope that you will find this response helpful and have not been inconvenienced by our delay in sending it to you.#Sincerely, Frank Berndt, Chief Counsel; |
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ID: aiam4222OpenMr. Don Panzer, Spray-Rider, Inc., P.O. Box 299, Streetsville, Ontario L5M 2B8, Canada; Mr. Don Panzer Spray-Rider Inc. P.O. Box 299 Streetsville Ontario L5M 2B8 Canada; Dear Mr. Panzer: This is in reply to your letter of July 28, 1986, describing supplemental hazard warning system you have developed which is designed to be incorporated as part of the external rear-view mirror assembly. You have asked about its relationship to Federal Motor Vehicle Safety Standards Nos. 108 and 111.; The information you enclosed depicts the lamp mounted above the outsid rear-view mirror in the same housing. According to your description it may face in the same direction as the mirror, or 'exposed to the front, back and side of the vehicle or in any combination of these directions.' It will flash synchronously with the front and rear hazard warning lamps, and 'can also perform as a directional signal.'; Standard No. 108 deals only indirectly with lighting systems other tha those which it requires. Supplemental lighting equipment and other motor vehicle equipment are permissible under Paragraph S4.1.3 as long as they do not impair the effectiveness of lighting equipment required by the standard. We believe that a possibility of impairment of the turn signal system might exist if your lamp-mirror were to operate in this fashion, and only one such device were installed on a vehicle. This suggests lamps providing a turn-signal function be packaged and sold in pairs and conversely that lamps sold singly not provide a turn-signal function. On the basis of the facts as you have presented them to us, we cannot say that impairment otherwise would exist, or that the device would not be acceptable as original equipment. However, because of the dual nature of the American legal system the fact that an accessory is not prohibited by Federal law does not mean that it is permissible under the laws of the individual States. We are not able to advise you as to these laws but you may wish to check with the Motor Vehicle Administrators of the States where you intend to sell your device.; As you surmised, there is also a relationship of Standard No. 111 t your device as an item of original equipment. Further, the National Traffic and Motor Vehicle Safety Act itself bears upon its permissibility as an aftermarket item. Standard No. 111 requires each passenger car to be equipped with an outside rear-view mirror on the driver's side, under paragraph S5.2.2 '...neither the mirror nor the mounting shall protrude farther than the widest part of the vehicle body except to the extent necessary to produce a field of view meeting or exceeding the requirements of S5.2.1.' You have not provided us with the dimensions of this device and while the photograph you enclosed showing it mounted on a Vauxhall car is inconclusive, it at least suggests that you examine this design with S5.2.2 in mind. This prohibition does not extend to an exterior-mounted mirror on the passenger side. You should also be aware that the same restriction applies to driver-side mirrors on multipurpose passenger vehicles, trucks, and buses other than schoolbuses with a GVWR of 10,000 pounds or less that are equipped with mirrors that comply with the requirements of paragraph S5, an option permitted by paragraph S6.1(a) of the standard.; Although the safety standards do not apply once a vehicle is sold, th Traffic Safety Act prohibits persons other than a vehicle owner from 'rendering inoperative in whole or in part' safety equipment installed on a vehicle to achieve compliance with safety standards. The agency is concerned that a light incorporated with a rear view mirror could create glare to the driver, thus rendering the mirror partially 'inoperative' within the meaning of the standard, even if the replacement mirror otherwise complies with Standard No. 111.; You should also be aware of the other performance and locatio requirements for rearview mirrors on passenger cars in Standard No. 111. The outside rearview mirror on the driver's side must be of unit magnification and must comply with field of view requirements as well as the mounting requirements referred to above. Regarding the passenger's side, an outside rearview mirror is required only if the inside rearview mirror fails to meet the field of view requirements. This outside rearview mirror may be either plane or convex and must comply with the mounting and adjustability requirements in paragraph S5.3. If this outside rearview mirror is convex, it must meet the requirements for convex mirrors in paragraph S5.4.; I hope that this clarifies the relationship of the Federal standards t your device, and if there are any further questions I would be pleased to answer them.; Sincerely, Erika Z. Jones, 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.
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