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: aiam3884OpenMr. John L. O'Connell, Department of Motor Vehicles, State of Connecticut, State Street, Wethersfield, CT 06109; Mr. John L. O'Connell Department of Motor Vehicles State of Connecticut State Street Wethersfield CT 06109; Dear Mr. O'Connell: This responds to your October 15, 1984 letter to the National Highwa Traffic Safety Administration (NHTSA) asking about an emergency door which is installed on a school bus in addition to the emergency exits required by Federal Motor Vehicle Safety Standard (FMVSS) No. 217, *Bus Window Retention and Release*.; Your first question asked whether this additional emergency exit i required to comply with Standard No. 217. In particular, you asked about the labeling requirements. FMVSS No. 217 requires that additional exits on school buses which are intended as emergency exits must comply with the emergency exit requirements applicable to exits in buses other than school buses. These additional emergency exits would be required to be labeled in accordance with the requirements for exits in non-school buses.; Your second question asked whether the door may be sealed shut. Yo also asked whether sealing the door would have any effect on the compliance of the bus with FMVSS No. 221, *School Bus Body Joint Strength*.; The answer to this question depends on who seals the door, and whe this work is performed. As you probably know, NHTSA does not have the authority to prohibit an owner, such as a school, from modifying its own vehicle. A school may modify its own vehicle in any manner without assuring that the vehicle remains in compliance with motor vehicle safety standards. Of course, it may be more difficult to insure a vehicle which does not conform to the safety standards. The school can also expose itself to increased liability in the event that one of their noncomplying vehicles is involved in an accident.; After the vehicle is sold to its first purchaser, manufacturers dealers, distributors or repair businesses are prohibited from knowingly rendering inoperative any device or element of design installed on or in a vehicle in compliance with an applicable motor vehicle safety standard. The additional door could be sealed by a manufacturer or repair-type business as long as there were sufficient other emergency exits available on the vehicle so that it remains in compliance with the requirements of Standard No. 217. Moreover, if the door were sealed after the vehicle's first sale, FMVSS No. 221 would not be a factor. This is because doors are not considered 'body panel joints' subject to the requirements of the standard. Since the additional door was not regulated by Standard No. 221, there would be no rendering inoperative of the compliance of the door with that standard.; If you decide to seal the emergency exit shut, we would encourage yo to remove the labels to avoid possible confusion in the event of an accident.; If the door was made inoperable prior to the vehicle's first sale FMVSS No. 221 would be a factor. This is because the person sealing the door is an 'alterer,' and must attach a label indicating compliance of the altered vehicle with the standards. When the door is sealed, it becomes part of the bus wall structure. As such, any joints on the door that would fall within the ambit of Standard No. 221 would be required to comply with that standard. The alterer would also be required to remove any labels and operating instructions from the exit which was sealed, since labels indicating that a door can be used as an emergency exit when in fact the door is inoperative would not conform to Standard No. 217.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3883OpenMr. John L. O'Connell, Department of Motor Vehicles, State of Connecticut, State Street, Wethersfield, CT 06109; Mr. John L. O'Connell Department of Motor Vehicles State of Connecticut State Street Wethersfield CT 06109; Dear Mr. O'Connell: This responds to your October 15, 1984 letter to the National Highwa Traffic Safety Administration (NHTSA) asking about an emergency door which is installed on a school bus in addition to the emergency exits required by Federal Motor Vehicle Safety Standard (FMVSS) No. 217, *Bus Window Retention and Release*.; Your first question asked whether this additional emergency exit i required to comply with Standard No. 217. In particular, you asked about the labeling requirements. FMVSS No. 217 requires that additional exits on school buses which are intended as emergency exits must comply with the emergency exit requirements applicable to exits in buses other than school buses. These additional emergency exits would be required to be labeled in accordance with the requirements for exits in non-school buses.; Your second question asked whether the door may be sealed shut. Yo also asked whether sealing the door would have any effect on the compliance of the bus with FMVSS No. 221, *School Bus Body Joint Strength*.; The answer to this question depends on who seals the door, and whe this work is performed. As you probably know, NHTSA does not have the authority to prohibit an owner, such as a school, from modifying its own vehicle. A school may modify its own vehicle in any manner without assuring that the vehicle remains in compliance with motor vehicle safety standards. Of course, it may be more difficult to insure a vehicle which does not conform to the safety standards. The school can also expose itself to increased liability in the event that one of their noncomplying vehicles is involved in an accident.; After the vehicle is sold to its first purchaser, manufacturers dealers, distributors or repair businesses are prohibited from knowingly rendering inoperative any device or element of design installed on or in a vehicle in compliance with an applicable motor vehicle safety standard. The additional door could be sealed by a manufacturer or repair-type business as long as there were sufficient other emergency exits available on the vehicle so that it remains in compliance with the requirements of Standard No. 217. Moreover, if the door were sealed after the vehicle's first sale, FMVSS No. 221 would not be a factor. This is because doors are not considered 'body panel joints' subject to the requirements of the standard. Since the additional door was not regulated by Standard No. 221, there would be no rendering inoperative of the compliance of the door with that standard.; If you decide to seal the emergency exit shut, we would encourage yo to remove the labels to avoid possible confusion in the event of an accident.; If the door was made inoperable prior to the vehicle's first sale FMVSS No. 221 would be a factor. This is because the person sealing the door is an 'alterer,' and must attach a label indicating compliance of the altered vehicle with the standards. When the door is sealed, it becomes part of the bus wall structure. As such, any joints on the door that would fall within the ambit of Standard No. 221 would be required to comply with that standard. The alterer would also be required to remove any labels and operating instructions from the exit which was sealed, since labels indicating that a door can be used as an emergency exit when in fact the door is inoperative would not conform to Standard No. 217.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4141OpenMr. H. Moriyoshi, Executive Vice President and General Manger, Mazda (North America), Inc., 24402 Sinacola Court, Farmington Hills, MI 48018; Mr. H. Moriyoshi Executive Vice President and General Manger Mazda (North America) Inc. 24402 Sinacola Court Farmington Hills MI 48018; Dear Mr. Moriyoshi: This responds to your letter seeking an interpretation of th requirements of Part 541, *Federal Motor Vehicle Theft Prevention Standard*. You asked two separate questions, which are discussed in detail below. Your incoming letter has been granted confidential treatment in accordance with 49 CFR Part 512, so it will not be forwarded to the docket along with this response.; First, you asked whether your marking system would be subject to th performance requirements for labels, set forth in S541.5(d)(1), or the performance requirements for other means of identification, set forth in S541.5(d)(2). You indicated in your letter that this marking system would affix the required marking to engines and transmissions. Section 541.5 expressly states that the required markings 'must be *affixed* by means that comply with paragraph (d)(1) of this section or *inscribed* by means that comply with paragraph (d)(2) of this section' (Emphasis added). This requirement means that all markings that are affixed to a part, whether by means of adhesive, screws, rivets, or welding, must satisfy the performance requirements for labels set forth in S541.5(d)(1).; Second, you asked whether your marking system would appear to satisf the theft prevention standard's performance requirements for labels. You stated in your letter that you know it is your company's responsibility to certify compliance with the standard, but that this agency's 'opinions and comments' on whether the marking system appears to comply with the theft prevention standard would be highly appreciated.; As you noted in your letter, section 606(c) of the Motor Vehicl Information and Cost Savings Act (15 U.S.C. 2026(c)) requires each *manufacturer* to certify that its vehicles comply with the theft prevention standard. Therefore, this agency does not approve, endorse, or certify that any manufacturer's marking system complies with the theft prevention standard. We will, however, state whether a particular marking system appears to comply if we are provided with sufficient information on which to base that opinion. In this case, your letter simply does not provide sufficient information for us to offer an opinion.; You sought NHTSA's opinion as to whether your marking system appears t comply with the 'footprint' requirement specified for labels in S541.5(d)(v)(B). That section requires that removal of the label must 'discernibly alter the appearance of that area of the part where the label was affixed by leaving residual parts of the label or adhesive in that area, so that investigators will have evidence that a label was originally present.' For us to offer an opinion in this area, we must have some way to determine what remains on a part after the affixed label is removed. Ideally, we would have several labels affixed to a metal section by the means described in your letter. We could then remove the labels and examine the metal section for a 'footprint'. At a minimum, we need some means of determining what the 'footprint' would be if these labels were removed, and whether such 'footprint' would give investigators evidence that a label was originally present.; Please feel free to contact me if you need some further explanation o our theft prevention standard or if you wish to provide additional information so that we can offer an opinion as to whether your labels appear to comply with the requirements set forth in S541.5(d)(v)(B).; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam5497OpenMr. Steve Anthony Product Manager Structural Composites Industries 325 Enterprise Place Pomona, CA 91768; Mr. Steve Anthony Product Manager Structural Composites Industries 325 Enterprise Place Pomona CA 91768; "Dear Mr. Anthony: This responds to your inquiry about Federal Moto Vehicle Safety Standard (FMVSS) No. 304, Compressed Natural Gas (CNG) Fuel Container Integrity, which takes effect on March 27, 1995. I apologize for the delay in our response. You stated that you manufacture CNG containers for OEMs. You further stated that some of your customers have requested that containers they purchase prior to FMVSS No. 304's effective date be labeled with a statement that they comply with FMVSS No. 304. Specifically, you asked whether your containers could be labeled with the statement 'This CNG container meets the requirements of DOT FMVSS No. 304 effective March 27, 1995' or 'DOT effective March 27, 1995.' As explained below, prior to the effective date, you are prohibited from labeling a container with information that could appear to be a certification to the FMVSS. In the preamble to the final rule establishing FMVSS No. 304, NHTSA stated that a manufacturer may not certify a container as meeting the equipment standard until the standard goes into effect. Under the Vehicle Safety Act, a certification is a statement that a vehicle or item of equipment meets all applicable Federal Motor Vehicle Safety Standards that are then in effect. Therefore, until a standard is effective, manufacturers may not certify compliance with it (59 FR 49010, 49020 September 26, 1994). Based on this discussion, you acknowledge that it would be impermissible for a manufacturer to include the symbol DOT on CNG containers manufactured prior to March 27, 1995. Nevertheless, you wish to specify information on the container that the container will comply with the soon to be effective FMVSS. As discussed in our September 1994 notice, a manufacturer may not certify a container as meeting the equipment standard until the standard goes into effect. Any label on a product about meeting a standard tends to create the appearance of a certification. It is therefore our opinion that, along with not using the symbol DOT, any such statement on a container label must affirmatively indicate that (1) no standard applies to the container, and (2) the statement is not a certification. With these considerations in mind, your suggestion to include the statement 'This CNG container meets the requirements of DOT FMVSS No. 304 effective March 27, 1995' would not be permissible because it might be read as constituting a certification. Moreover, the symbol DOT may not be included in your statement because its inclusion might be misinterpreted as implying that the container has been certified to an FMVSS that is in effect, since use of the DOT symbol is the usual method by which certifications are made. You may, however, label a container with the following statement: 'This CNG container would comply with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) 304, that takes effect on March 27,1995. However, since this container was manufactured before the effective date of FMVSS 304, it cannot be certified to comply with that standard. No FMVSS applies to the container.' I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw at this address or by phone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel"; |
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ID: aiam5400OpenSpectrum Engineering Group 1111 South Main Street Cheshire, CT 06410; Spectrum Engineering Group 1111 South Main Street Cheshire CT 06410; "Dear Sir/Madam: This responds to your letter to this office regardin your reconstruction of an accident involving a 16-passenger school bus. I apologize for the delay in responding. You stated in your letter that the original latch/hinge mechanism of the right front entrance door of the bus in question was disabled by removal of the striker plate and equipped instead with a remote door opening/closing apparatus and latching mechanism. The bus was involved in an accident in which the driver was ejected through that door. You then asked a series of questions concerning the classification of the vehicle and the Federal safety standards pertaining to the door in question. By way of background, the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1381, et seq. (Safety Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. The Safety Act establishes a self-certification system in which manufacturers are responsible for certifying that the vehicle or equipment complies with all applicable FMVSSs in effect on the date of manufacture. Once the vehicle or equipment has been sold to the first customer for purposes other than resale, Federal jurisdiction over the manufacture and sale of the vehicle or equipment generally terminates and use of the vehicle or equipment becomes a matter of state jurisdiction. You first asked, 'Would this vehicle be classified as a multi-purpose passenger vehicle, a bus, or a school bus?' The answer to your question is that each manufacturer classifies its vehicles in accordance with the definitions set forth in the Safety Act and in NHTSA's regulations. The Safety Act defines a 'school bus' as A passenger motor vehicle which is designed to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools. 15 U.S.C. 1391(14). Our regulations define a 'bus' as a motor vehicle designed to carry more than 10 persons, and further define a 'school bus' as a bus that is sold for purposes that include carrying students to and from school and related activities, but does not include a bus sold for operation as a common carrier in urban transportation. 49 CFR 571.3. Thus, whether a vehicle is a school bus under our regulations depends on the purpose for which it was originally sold. Although you did not indicate who purchased the bus originally and for what purpose, you referred to the vehicle in your letter as a 'mini school bus,' you stated that the body was manufactured by Mid Bus, a school bus manufacturer, and the descriptive literature you enclosed with your letter depicts different models of small school buses manufactured by Mid Bus. Accordingly, it appears the vehicle in question would have been classified as a school bus under 49 CFR 571.3. Our regulations require the vehicle manufacturer to state the vehicle type classification on the vehicle's certification label. The certification label of the vehicle in question should have that information. Your second question asks, 'Does FMVSS 206 and/or FMVSS 217 apply to the right front entrance door of this vehicle?' With respect to FMVSS 206, Door locks and door retention components, the answer is no. Standard 206 applies only to passenger cars, multipurpose passenger vehicles, and trucks. The standard does not apply to buses. With respect to FMVSS 217, Bus emergency exits and window retention and release, the standard specifies requirements for window retention other than windshields in buses, except buses designed to transport persons under restraint, and establishes operating forces, opening dimensions, and markings for emergency exits. The glazing requirements of S5.1 of FMVSS 217 would apply to the right front entrance door, and if the door was also used as an emergency exit, it must also have complied when new with the emergency exit requirements of S5.2.3, S5.3, S5.4.2, and S5.5.3 of the standard. Your third question asked, 'Which FMVSS would apply to the right front entrance door (particularly its loading requirements)?' The answer is that apart from the provisions of FMVSS 217 discussed in our answer to your second question, there was no FMVSS in 1988 that specified performance standards for the right front entrance doors of buses. Effective September 1, 1993, however, the side door strength requirements of FMVSS 214, Side Impact Protection, will apply to 90 percent of the buses with a gross vehicle weight rating (GVWR) of 10,000 pounds or less produced after that date, and all buses with a GVWR of 10,000 pounds or less produced on and after September 1, 1994, must comply with those requirements. I would like to make the following observation about the modification of the door in question. Modifications of new and used vehicles by commercial parties are subject to 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, distributor, dealer, or vehicle repair business from knowingly rendering inoperative any device or element of design installed on or in a vehicle in compliance with a Federal motor vehicle safety standard. In this case, your letter did not indicate who disabled the original latch mechanism on the vehicle or who installed the remote door latch mechanism. If the work was done by a party listed in 108(a)(2)(A), the person modifying the vehicle was responsible for not degrading the performance of the door with regard to FMVSS 217. Section 108(a)(2)(A) does not apply to individual vehicle owners. Thus, vehicle owners can modify the vehicle in any manner he/she chooses without violating any Federal requirements. I hope this information answers your questions. We have enclosed copies of FMVSS 206 and 217 that were effective in 1988, photocopied from the October 1, 1987 edition of the Code of Federal Regulations, as you requested. Should you have other questions, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures"; |
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ID: aiam3557OpenJoseph R. Karner, Project Engineer, M.A.N. Truck & Bus Corporation, 3000 Town Center, Southfield, MI 48075; Joseph R. Karner Project Engineer M.A.N. Truck & Bus Corporation 3000 Town Center Southfield MI 48075; Dear Mr. Karner: This responds to your October 1, 1981, letter asking whether it woul be permissible to attach a label to a door stating 'To Open Door in Emergency Pull Down'. You indicate that the door is not an emergency door in compliance with Standard No. 217, *Bus Window Retention and Release*. You question whether the addition of the label in conformance to a contract with the Chicago Transit Authority (CTA) would make the door an emergency door that would be required to comply with the standard. The CTA requires that door to be so labelled because it desires the door to be used as a means of escape.; The standard states that buses shall be equipped with a minimum numbe of emergency exits and that all emergency exits shall be labelled properly and comply with the requirements of the standard. One purpose of the standard is to provide sufficient emergency exits. Another purpose is to provide uniform emergency exit markings and operating instructions. You have stated that your vehicle has the requisite number of emergency exits, properly marked, so that the door in question is not required in counting the total number of exits for purposes of complying with the standard.; As you know, not all doors are required to be emergency exits. Fo example, the front entrance door of a vehicle need not be an emergency exit. If it is not labelled an emergency exit, it need not comply with the requirements of the standard relative to emergency exits. Similarly, the door to which you refer need not comply with the emergency exit requirements if it is not labelled as an emergency exit. However, since your proposed label refers to the emergency nature of the door, it appears to place the door within the category of an emergency exit that would be required to comply with the standard. The CTA intends the door to be used as an emergency exit and the label will indicate to riders that the door is suitable for such purposes. You may not, therefore, refer to the door as an emergency door unless the door complies with all of the requirements.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam5234OpenMr. Scott R. Dennison Vice-President - Production Excalibur Automobile Corporation 1735 South 108th Street Milwaukee, WI 53214; Mr. Scott R. Dennison Vice-President - Production Excalibur Automobile Corporation 1735 South 108th Street Milwaukee WI 53214; "Dear Mr. Dennison: Thank you for your letter of April 27, 1993 clarifying your FAX of March 12 to which I responded on April 19. We appreciate your goal of helping people comply with the Federal Motor Vehicle Safety Standards (FMVSS) and those of EPA. We can well understand why, as you put it, 'at times I do not feel I have the right answers for some of these manufacturers.' The regulation of kit cars and vehicles combining old and new parts is a complicated subject, and our opinions usually depend upon the specific facts of individual cases with the result that one may differ in degree from another. Because these are legal opinions, the Office of Chief Counsel is the proper Office within NHTSA to address questions of this nature, rather than the agency's Enforcement office. We are sorry that some of your inquirers 'are afraid to call NHTSA for fear of reprisal.' By this, I think you mean that a call from a small manufacturer might cause NHTSA to initiate enforcement action concerning nonconformance with the FMVSS or agency regulations. The potential of an enforcement action should be sufficient to encourage those engaged in the manufacturing or assembling of motor vehicles to discern their responsibilities under the National Traffic and Motor Vehicle Safety Act and to comply with them. We are willing to assist manufacturers in interpreting the Act and regulations. If they do not wish to write or call us, they can review our interpretation letters which are available to the public in NHTSA's Technical Reference Division. Also, they can consult a private attorney. You enclosed a copy of the 'EPA Kit Car Policy' which we have reviewed, comparing it with NHTSA policy. In most respects, the two policies are congruent. Paragraph 1 of the EPA document fairly expresses NHTSA policy, fully assembled kit cars, and complete kit car packages are 'motor vehicles' under the Act, required to be certified by the manufacturer or kit supplier. If they are not certified, they must be imported by a NHTSA-registered importer (the counterpart to EPA's Independent Commercial Importer), or one who has a contract with a registered importer to certify the kit car (an allowance that we understand does not exist under EPA regulations). I shall return to Paragraph 2 later. Paragraph 3 differs from NHTSA policy, although automotive bodies are not 'motor vehicles' under either EPA or NHTSA's definitions, they are 'motor vehicle equipment' for purposes of NHTSA's jurisdiction. Paragraph 4 essentially states NHTSA policy, kit car body/chassis combinations may be imported as automotive equipment and are subject to NHTSA's regulations. Similarly, any attempt to circumvent the Act or import regulations may be viewed as a violation subject to enforcement. However, NHTSA will also regard as a 'manufacturer' any person importing kits or kit cars for resale, as well as the actual fabricator or assembler of a kit. Paragraph 2 reflects the fact that EPA regulates only engines and emission- related components. A vehicle 'will be considered to be a rebuilt vehicle of a previously certified configuration and will be considered to be covered by that configuration's original EPA certification of conformity' if the engine and all emission-related components and settings conform to those of the previously certified configuration, and if the weight of the completed kit vehicle is not more than 500 pounds greater than that of the originally certified configuration. Under EPA policy, a 'rebuilt vehicle' could be a motor vehicle all of whose parts were new and unused except for its engine and engine-related components. NHTSA has no definition of 'rebuilt vehicle' which would permit a similar interpretation, and while a vehicle as I have described could be covered by the previously existing EPA certification, NHTSA very likely would regard it as a newly manufactured motor vehicle which must be certified as meeting all contemporary FMVSS. It is here that the two agencies most diverge because of the breadth of NHTSA's regulatory authority which encompasses all motor vehicle equipment, and motor vehicles assembled from that equipment. You cite as an example of difficulty 'the treatment of FMVSS with regards to a '23 T-Bucket Hot Rod'. The first question to answer is whether the car has been manufactured primarily for use on the public roads. Factors to consider in this determination are whether the Hot Rod is intended solely for use on closed race tracks, whether it must be trailered from race to race, and whether a State would license it for on road use. If the car has not been manufactured primarily for on road use, then it is not a 'motor vehicle' as defined by the Vehicle Safety Act, and not subject to the FMVSS. If the car is a 'motor vehicle' and entirely assembled from parts from a disassembled motor vehicle or vehicles previously in use, then it is considered a 'used' vehicle, and also not subject to the FMVSS (but subject to state and local standards). On the other hand, if the kit car is entirely comprised of previously unused parts, then it is a new motor vehicle that is required to comply with, and be certified as complying with, the FMVSS (and its manufacturer may be eligible to apply for a temporary exemption from one or more of those standards under 49 CFR Part 555). If the kit car is comprised of parts both previously used and unused, NHTSA's examination of the list of components in each category will enable it to advise whether the kit car must comply with the FMVSS that apply to new vehicles. In addition, we also receive inquiries from those who wish to construct vehicles which use a 'host' chassis from a previously certified vehicle. The Act permits a manufacturer to modify a previously certified vehicle in any manner as long as it does not knowingly render inoperative in whole or in part any device or element of design installed by the original manufacturer in accordance with a Federal motor vehicle safety standard. We interpret this as meaning that, if the manufacturer removes the original body, at the end of the conversion process the resulting motor vehicle must continue to comply with the FMVSS that were in effect when it was originally manufactured. However, a certain divergence from original vehicle compliance is permitted. For example, if a 1982 enclosed passenger car is modified to become a convertible, at the end of the conversion process it is no longer required to meet enclosed car FMVSS but must comply with those that applied to l982 convertibles. The Act does not require that such vehicles be certified but the manufacturer should be prepared to substantiate that it has not rendered inoperative any of the vehicle's original safety equipment, either directly or indirectly (such as a substantial increase in the weight of the vehicle that might affect its crash protection characteristics) in the event NHTSA should so ask. Finally, we note your remark that NHRA and SEMA are debating whether a policy can 'be developed which will allow these builders to produce an authentic replica and stay within the standards.' As I discussed above, the FMVSS would not appear to apply to a replica vehicle such as a Miller racing car from the 1920's that could not be licensed for on road use. However, the FMVSS do apply to vehicles composed of newly manufactured parts that replicate the look of older vehicles. For this reason, 100% authenticity cannot be achieved for a replica required to meet the current FMVSS because of equipment such as the center highmounted stop lamp, side marker lamps and reflectors, and head and other occupant restraints required for safety today. As a general rule, we would not provide temporary exemptions from these standards. In our view, the only viable candidate for an authentic replica is one that is constructed on a 'host' chassis of a vehicle manufactured before January 1, 1968, the date that the first FMVSS became effective, or entirely from used parts. I would also note that much authenticity could result from use of a 'host' chassis manufactured during calendar year l968. Although the appearance of the interior would be affected by compliance with certain FMVSS, the FMVSS requiring side marker lamps and reflectors and head restraints did not become effective until January 1, 1969. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam2977OpenMr. R. M. Premo, Director, Vehicle Safety Activities, Sheller-Globe Corporation, 3555 St. Johns Road, Lima, OH 45804; Mr. R. M. Premo Director Vehicle Safety Activities Sheller-Globe Corporation 3555 St. Johns Road Lima OH 45804; Dear Mr. Premo: This responds to your January 22, 1979, letter asking several question about the application of Standard No. 217, *Bus Window Retention and Release*. These questions involve the construction of a bus with a door that is made inoperable until its user desires to install a lift gate.; First, you ask whether a door that is always operable must comply wit all of the standard's requirements. The answer to this question is yes. In a related question, you ask whether the lettering and operating instructions must be removed if a user subsequently installs a lift gate and the exit no longer complies with the necessary opening dimensions of Standard No. 217.; As you know, only the manufacturer of the vehicle prior to firs purchase is responsible for ensuring the compliance of the completed vehicle with the applicable safety standards. Subsequent to the first purchase, no manufacturer, dealer, distributor, or repair business may knowingly render inoperative any device or element of design installed in a vehicle in compliance with a safety standard.; Any of the above-mentioned businesses may install a lift gate in vehicle as long as they do not otherwise knowingly render inoperative the compliance of the vehicle. Accordingly, for example, a lift gate could be installed as long as sufficient other emergency exits are available in a vehicle so that it remains in compliance with the requirements. The fact that the exit in which the lift is installed no longer complies is not important as long as there continues to be sufficient exits in the vehicle to continue its overall compliance with the standard. The National Highway Traffic Safety Administration's authority over the modification of vehicles after first purchase extends to preventing the rendering inoperative of the vehicle with the safety standards. The agency does not have the authority to force a modifier of a vehicle, after its first purchase, to undertake other responsibilities. Therefore, it would not be necessary for modifiers to remove the operating instructions or lettering applicable to the former emergency exit, although the NHTSA would encourage them to do so to avoid possible confusion in the event of an accident.; If a dealer or other business installs a lift gate prior to firs purchase, it becomes an alterer of the vehicle and must attach an alterer's label indicating compliance of the altered vehicle with the standards. In such a case, the alterer would be required to remove the label and operating instructions from the exit in which the gate was installed.; Finally, you ask whether a door that is constructed so as to b inoperable by either removing the operating mechanism or through the installation of a rub rail over its outside would have to comply with the requirements applicable to joints (Standard No. 221, *School Bus Body Joint Strength*). When a door is made inoperable by a vehicle manufacturer in the manner you suggest, it becomes part of the bus wall structure. As such, any joints on the door that would fall within the ambit of the joint strength standard would be required to comply with that standard.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam5494OpenMr. Mark Warlick Four Winds International Corporation 791 C.R. 15 P.O. Box 1486 Elkhart, IN 46515-1486; Mr. Mark Warlick Four Winds International Corporation 791 C.R. 15 P.O. Box 1486 Elkhart IN 46515-1486; Dear Mr. Warlick: This responds to your letter asking how your compan would certify compliance with Federal Motor Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior Materials. You stated that your company manufactures motor homes and purchases interior materials from various vendors for these vehicles. These vendors provide you with letters stating that the materials comply with the FMVSS. You enclosed one such letter, which states that 'We have tested the panel ... that was made with COR63-AX-40. We used the MVSS 302 flame test, and obtained a flame rating of 0.64 inches per minute.' You ask whether this letter provides a sufficient basis for your company's certification of compliance with FMVSS No. 302. Some background information would be helpful. As you know, since Standard 302 applies to motor homes and other vehicles, Four Winds, as the vehicle manufacturer, is required to certify compliance with the standard. In the event NHTSA were to find an apparent noncompliance with Standard 302 when testing your vehicle to the requirements of the standard, Four Winds would be asked to show the basis for its certification that the vehicle complies with the standard. If in fact there is a noncompliance, Four Winds would be subject to civil penalties unless it can establish that it exercised 'reasonable care' in the design and manufacture of the product (through actual testing, computer simulation, engineering analysis, or other means) to ensure compliance, and did not have reason to know that the vehicle or item of equipment did not in fact comply with the safety standards (49 U.S.C. 30112(b)(2)(A)). With regard to your specific question, we cannot tell you at this time whether Four Winds' s reliance on a letter from its vendor would constitute 'reasonable care' on the part of your company in making its certification to Standard 302. NHTSA is unable to judge what efforts constitute 'reasonable care' outside of the course of a specific enforcement proceeding. What constitutes 'reasonable care' in a particular case depends on many factors, including such things as the limitations of current technology, the availability of test equipment, the size of the manufacturer, and above all, the diligence exercised by the manufacturer. In the situation you present, your vendor indicated that the burn rate of its material (0.64 inch per minute) is well within the limits of Standard 302 (not more than four inches per minute). The difference between the actual performance of a material and the required performance is a factor NHTSA would consider in making a determination of whether a manufacturer exercised reasonable care in making its certification. Another factor is whether the manufacturer should have determined whether the vendor's assurances were bona fide. Among other things, the expertise, reliability and experience of the vendor would be relevant for that issue. I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel; |
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ID: aiam4513OpenLisa Cappalli, Esquire Gager, Henry & Narkis One Exchange Place P.O. Box 2480 Waterbury, CT 06722-1791; Lisa Cappalli Esquire Gager Henry & Narkis One Exchange Place P.O. Box 2480 Waterbury CT 06722-1791; "Dear Ms. Cappalli: This is a response to your letter of last year t Ms. Tilghman of my staff, seeking an interpretation of Standard 125, Warning Devices (49 CFR 571.125). I apologize for the delay in this response. Specifically, you asked whether your client may proceed with the manufacture and distribution of a warning device, which you described further as an equilateral triangle with legs of 10 3/8 inches each. You also enclosed a diagram of the proposed device. Let me begin by explaining that your client does not need approval from this agency to manufacture or distribute this product. Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(1)(A), Safety Act) provides that, 'No person shall manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States, any ... item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard ...' Section 114 of the Safety Act (15 U.S.C. 1403) establishes a certification process under which each manufacturer is required to certify that its products meet all applicable Federal safety standards. Therefore, your client, as a manufacturer of motor vehicle equipment, must certify that this product complies with all applicable standards. This agency has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. The warning device your client plans to produce is motor vehicle equipment, within the meaning of section 102(4) of the Safety Act (15 U.S.C. 1391(4)). Thus, the question is whether this warning device complies with applicable safety standards. Paragraph S3 of Standard 125 reads as follows: 'This standard applies to devices, without self-contained energy sources, that are designed to be carried in motor vehicles and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle.' Since your client's product falls within this description, your client must certify that the product complies with all requirements of Standard 125. Section 108(b)(2) of the Safety Act (15 U.S.C. 1397(b)(2)) requires your client to exercise 'due care' in making any such certification. Based on the description in your letter, it does not appear that your client can certify that this device complies with one of the requirements in Standard 125. Paragraph S5.2.2 of Standard 125 states that, 'Each of the three sides of the triangular portion of the warning device shall be not less than 17 and not more than 22 inches long, and not less than 2 and not more than 3 inches wide.' According to your description, the sides of your client's proposed device would be only 10 3/8 inches long. Your client will have to increase the length of the sides in order to certify that this proposed warning device complies with Standard 125. We do not have enough information to offer any opinions as to whether this product appears to comply with the other requirements of Standard 125. You asked for information on how your client could obtain an exemption from Standard 125 if necessary. There is no provision in the Safety Act for exempting items of motor vehicle equipment from any applicable safety standard. However, section 157 of the Safety Act (15 U.S.C. 1417) gives this agency the authority to exempt equipment manufacturers from the requirement to give notice to owners and to remedy noncompliances with applicable standards, if the agency determines that the noncompliance is inconsequential as it relates to motor vehicle safety. The procedures for implementing this statutory authority are set forth in 49 CFR Part 556, Exemption for Inconsequential Defect or Noncompliance. Since your client plans to become a manufacturer subject to the requirements of the Safety Act, I am enclosing a copy of a general information sheet that briefly outlines the new manufacturer's responsibilities and explains how to get copies of relevant regulations. If you have some further questions or need further information on this subject, please contact Joan Tilghman of my staff at this address, or by telephone at (202) 366-2992. Sincerely, Erika Z. Jones Chief Counsel Enclosure"; |
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.