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
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ID: aiam2646OpenMr. James R. Green, 3396 Alma Street, Lynwood, CA 90262; Mr. James R. Green 3396 Alma Street Lynwood CA 90262; Dear Mr. Green: In his letter of June 16, 1977, our Mr. Driver, Director of the Offic of Crash Avoidance, commented that although the Federal motor vehicle lighting standard 'is generally in accordance with standards developed and published by the Society of Automotive Engineers, it does not specifically require sealed-beam headlamps.'; This should not be interpreted as an opinion that Federal Motor Vehicl Safety Standard No. 108 does not require sealed beam headlamps. While there is no such requirement *per se* in the text of the standard, Standard No. 108 incorporates by reference SAE Standard J579a *Sealed Beam Headlamp Units for Motor Vehicles*, August 1965, and SAE Standard J580a *Sealed Beam Headlamp*, June 1966. Compliance of headlamps with these standards is required, whether as original or replacement equipment.; |
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ID: aiam5029OpenMr. Mark W. Russo 1480 West Macopin Road West Milford, NJ 07480; Mr. Mark W. Russo 1480 West Macopin Road West Milford NJ 07480; Dear Mr. Russo: This responds to your letter of May 27, 1992, to Mr Charles Gauthier of this agency, which enclosed a copy of R-Bar test data provided by Micho Industries. You requested an 'official `review and comment'' regarding the applicability of Safety Standard 222 to the R-Bar Passenger Restraint System and related issues. The National Highway Traffic Safety Administration (NHTSA) has addressed the use of 'safety bars' in school buses on several occasions in the past. Enclosed for your information are copies of five NHTSA letters which address this subject and which, we believe, will also address your concerns. The letters are addressed to Mr. Michael F. Hecker of Micho Industries, dated May 14, 1992, Mr. Scott K. Hiler of the C. E. White Company, dated January 31, 1991, Honorable Robert J. Lagomarsino, Member of Congress, dated January 8, 1990, and Mr. Joseph F. Mikoll of Transportation Equipment Corporation, dated March 10, 1989 and November 3, 1988. If, after reviewing the enclosed materials, you still have questions concerning this matter, please feel free to contact Mr. Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosures; |
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ID: aiam2216OpenMr. Leon C. Huneke, Chemical Engineer, Midland-Ross Corporation, 490 South Chestnut Street, Owosso, Michigan 48867; Mr. Leon C. Huneke Chemical Engineer Midland-Ross Corporation 490 South Chestnut Street Owosso Michigan 48867; Dear Mr. Huneke: #This is in response to your January 30, 1976, lette requesting clarification of my March 7, 1975, letter concerning the relationship between Federal Motor Vehicle Safety Standard No. 106-74, *Brake Hoses, and Military Specification MIL-H-3992C. #My previous letter indicated that brake hose and brake hose assemblies sold to the military in conformity with MIL-H-3992C are, because of the provisions of 49 CFR 571.7(c), subject to neither the labeling not the performance requirements of Standard No. 106-74 only that equipment which is sold directly to the Armed Forces, the NHTSA interprets this section as also excluding that equipment which is sold to military contractors, under contracts requiring it to conform to military specifications such as MIL-H-3992C, for installation in vehicles which are in turn sold directly to the military. We are considering the issuance of an interpretive amendment of Part 571.7(c) to this effect. #Yours truly, Richard B. Dyson, Assistant Chief Counsel; |
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ID: aiam1590OpenWarren M. Heath, Commander, Engineering Section, Department of California Highway Patrol, P. O. Box 898, Sacramento, CA, 95804; Warren M. Heath Commander Engineering Section Department of California Highway Patrol P. O. Box 898 Sacramento CA 95804; Dear Mr. Heath: Your letter of July 16, 1974, to Mr. Francis Armstrong of the Office o Standards Enforcement has been referred to the Office of Crash Avoidance for reply.; The responses to your 9 questions are as follows:>>> Question 1) When a sidecar is attached to a motorcycle, what referenc point constitutes the vehicle centerline for the mounting location requirements for headlamps in Standard No. 108?; Answer The vertical centerline of the motorcycle alone (not of th combination) is applicable.; Question 2) If the sidecar interferes with the visibility of the sid reflex reflectors on the motorcycle, are additional side reflectors required to be installed on the sidecar under Standard No. 108?; Answer In order to meet the visibility requirements in paragrap S4.3.1.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, an auxiliary reflector(s) is required.; Question 3) When a sidecar is attached to a motorcycle, is the sideca required to be equipped with a right front and rear turn signal and a stop and taillamp under Standard No. 108?; Answer Federal Motor Vehicle Safety Standard No. 108 does not addres the requirements for motorcycle sidecars. The requirements for such add-on equipment are therefore regulated by the individual states. However, if the sidecar interferes with the visibility of these devices, paragraph S4.3.1.1 of Standard No. 108 is applicable.; Question 4) With the sidecar attached, is the wheel on the sideca required to have brakes under Standard No. 122?; Answer Federal Motor Vehicle Safety Standard No. 122 does not addres the requirements for motorcycle sidecars. The requirements for such add-on equipment are therefore regulated by the individual states.; Question 5) If the wheel on the sidecar is required to have brakes should it be included as a part of the split service brake system in Standard No. 122 or should it be considered a part of an independent system?; Answer Federal Motor Vehicle Safety Standard No. 122 does not addres the requirements for motorcycle sidecars. The requirements for such add-on equipment are therefore regulated by the individual states.; Question 6) With the sidecar attached, is a parking brake required a specified for three-wheeled motorcycles in Standard No. 122?; Answer Federal Motor Vehicle Safety Standard No. 122 does not addres the requirements for motorcycle sidecars. The requirements for such add-on equipment are therefore regulated by the individual states.; Question 7) Is Standard No. 119 applicable to the tire and rim of sidecar?; Answer Federal Motor Vehicle Safety Standard No. 119 is applicable t the tire, and FMVSS No. 120, when issued, will be applicable to the rim and installation on the vehicle.; Question 8) Is non-flexible glazing material permitted on the sideca under Standard No. 205?; Answer Yes. Paragraph S5.1.2.1 of FMVSS No. 205 allows the use o 'Rigid Plastics' in motorcycle windscreens at levels not requisite for driving visibility.; Question 9) Is glazing material designated as AS-7 or AS-13 permitte in glazed areas of a sidecar under Standard No. 205?; Answer Both AS-7 and AS-13 are permitted.<<< If safety data does become available which indicates that a potentia safety problem exists, Federal standards will be amended to include those areas not now covered.; We trust that the above will be helpful in your states enforcemen program. If we can be of further service please let us know.; Sincerely, E. T. Driver, Director, Office of Crash Avoidance, Moto Vehicle Programs; |
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ID: aiam4268OpenJuli Daniel, Esq., Executive Assistant and Legislative Counsel to the Attorney General, Temple of Justice, Olympia, WA 98504-0521; Juli Daniel Esq. Executive Assistant and Legislative Counsel to the Attorney General Temple of Justice Olympia WA 98504-0521; Dear Ms. Daniel: Thank you for the opportunity to assist the Washington Attorney Genera in his attempt to enact legislation intended to combat odometer fraud. I am in receipt of the second draft of the proposed legislation, a section-by-section analysis of the bill and your letter outlining the need for passage of state odometer legislation.; As you know, on October 28, 1986, President Reagan signed into law th Truth in Mileage Act of 1986, P.L. 99-579, which amends Title IV of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. S 1981 *et seq*. Beginning April 29, 1989, a motor vehicle may not be licensed in a State unless the transferee includes with the application for title the transferor's title. If the transferor's title contains the space for the transferor to disclose the mileage as required by Federal regulation, the mileage disclosure must be included on the title and it must be signed and dated by the transferor. If the transferor's title does not contain a space for the transferor to disclose the mileage, the transferor must issue a separate odometer disclosure statement. In addition, the law provides that, beginning April 29, 1989, all motor vehicle titles issued must meet the following requirements.; >>>1. Titles must be set forth by means of a secure printing process o other secure process.; 2. Titles must indicate required mileage disclosure information. 3. Titles must contain space for the transferee to disclose, in th event of future transfer, the mileage at the time of such future transfer and to sign and date such disclosure.<<<; A copy of the Act is enclosed for your reference. We are aware that the titling and disclosure provision of the new Ac will require changes in many state motor vehicle titling laws and title forms. For that reason, the Act authorizes the National Highway Traffic Safety Administration (NHTSA) to provide assistance to any State in revising its laws to meet the new Federal criteria. It is our desire to cooperate with the states to the maximum extent possible, to assure a smooth and timely transition to the new Act.; NHTSA intends to conduct a rulemaking proceeding to implement the ne Act and resolve technical issues. Because that process will take several months, we recommended to the States through the American Association of Motor Vehicle Administrators that they may wish to defer changes to their vehicle title forms and titling procedures until the rulemaking has been completed. In that way, they will be in a better position to assure full compliance with the new Act and implementing regulations.; After reviewing the materials you submitted, I can understand the nee to enact odometer legislation in Washington as expeditiously as possible. The enforcement of strong State odometer laws serves as a deterrent to odometer fraud. At this time, due to our rulemaking action, I cannot make a determination that the proposed legislation meets the requirements of the new law. However, I am offering the following comments to point out inconsistencies between portions of the proposed State legislation and the new Federal law.; Section 3 of the proposed legislation concerns the issuance of odomete disclosure statements by owners, lessees and lessors. While Section 3 does not apply to vehicles leased for a period of less than six months, Section 2(e) of the Truth in Mileage Act of 1986 defines a leased motor vehicle as 'any motor vehicle which is leased to a person for a term of at least 4 months by a lessor who has leased 5 or more motor vehicles in the past 12 months.' Furthermore, under Section 2(e) of the Truth in Mileage Act of 1986, lessors are required to provide lessees written notice regarding mileage disclosure requirements and penalties for failure to comply with them. The proposed legislation includes no analogous provision.; In addition to the above comments that pertain to the new Federal law I also offer the following comments regarding differences between the proposed State law and the Federal law and regulations now in effect.; While you assert that Section 7 of the proposed legislation 'provide for content of odometer disclosure statement, mirroring federal requirements,' there are some major variances. Federal regulation, 49 C.F.R. S 580.4(a)(3), requires the disclosure of the transferor's current address. In addition, 49 C.F.R. S580.4(b) requires that the odometer disclosure statement refer to the Motor Vehicle Information and Cost Savings Act and shall state that incorrect information may result in civil liability and civil or criminal penalties. (Reference to State law is acceptable in lieu of a reference to Federal law.) Furthermore, 49 C.F.R. S580.4(e) states that 'The transferee shall acknowledge receipt of the disclosure statement by signing it.' Neither the transferor's current address nor a penalty notice and signature are required by the proposed legislation.; Section 7(k) of the proposed legislation requires the disclosure o both miles and kilometers when the odometer is 'altered to reflect miles instead of 'kilometers.' This Agency has not required any similar type of disclosure. We have determined that 15 U.S.C. S1987 could be relied upon to lawfully replace odometers which register kilometers travelled with those that register miles travelled. (To convert the odometer reading from kilometers to miles, multiple (sic) the kilometer reading by .62.) It is NHTSA's position that transferors who convert the odometers from kilometers to miles should check the first box of the first set of certifications which reads:; >>>I hereby certify that to the best of my knowledge the odomete reading as stated above reflects the actual mileage of the vehicle described below.<<<; Furthermore, these transferors should check the second box in th second set of certifications which reads:; >>>I hereby certify that the odometer was altered for repair o replacement purposes while in my possession, and that the mileage registered on the repaired or replacement odometer was identical to that before such service.<<<; I would also like to clarify a point you made in your letter to Donn Stringer, Deputy Director, Department of Licensing. On page 2 of that letter, you state that the failure to 'make' an odometer disclosure or to 'submit' a false one would be a Class C felony and that there 'is no analogous provision in the Federal law.' This is incorrect. Section 408 of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. S 1988(b) states:; >>>No transferor shall violate any rule prescribed under this sectio or give a false statement to a transferee in making any disclosure required by such rule.<<<; The phrase 'any rule prescribed under this section' refers to th Federal regulation, 49 C.F.R. Part 580, which requires the issuance of an odometer disclosure statement containing specific information. Therefore, the transferor's knowing and willful failure to issue an odometer disclosure statement required by the regulation is a felony under 15 U.S.C. S 1990c, as amended by Section 3(b) of the Truth in Mileage Act of 1986.; I hope these comments assist you in your efforts to enact legislatio to combat odometer fraud.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3057OpenDon Strickland, Maryland Independent Automobile Dealers Association, 5210 West North Avenue, Baltimore, MD 21207; Don Strickland Maryland Independent Automobile Dealers Association 5210 West North Avenue Baltimore MD 21207; Dear Mr. Strickland: This to (sic) confirm your telephone conversation with Kathy DeMeter o my staff concerning the Federal Odometer disclosure requirements imposed on dealers and distributors. Part 580 of Title 49 of the Code of Federal Regulations requires that each transfer of a motor vehicle be accompanied by an odometer disclosure statement and that dealers and distributors retain for four years copies of statements which they issue and which they receive. In States that have incorporated the Federal statement into their certificates of title the dealer need not execute a separate Federal form. He must, nevertheless, retain a copy of whichever statement he completes. If, for example, he discloses the mileage solely by means of the statement on the certificate of title, he must make a copy of the title for his own records. He may also issue a separate statement to the purchaser and retain a copy of that statement for his records.; For your information, I have enclosed a copy of the law, th regulations issued under it and several interpretations and pamphlets. If you have any further questions, please do not hesitate to write.; Sincerely, John Womack, Assistant Chief Counsel |
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ID: aiam4792OpenMr. Ricky Bass Q. C. Manager Terminal Service Co. P.O. Box 1200 Tallahassee, FL 32302; Mr. Ricky Bass Q. C. Manager Terminal Service Co. P.O. Box 1200 Tallahassee FL 32302; Dear Mr. Bass: This is in reply to your letter of August 1, l990. Yo have asked whether it would be permissible to use a triple lamp cluster, each lamp containing a dual filament bulb, to perform identification and stop lamp functions on cargo tank trucks. The cluster would be mounted not less than l0 feet 6 inches above the road surface. You believe that with this design, the function of the identification lamp 'will be intact.' In telephone conversations with agency personnel on September ll, l990, you clarified that you would like to have this device installed on all new tank trucks, and installed on vehicles in use when they are returned for extensive repairs. The device is intended to supplement the vehicle's conventional stop lamps. With respect to new tank trucks, Standard No. 108 permits supplementary lighting equipment provided that it does not impair the effectiveness of lighting equipment required by the Standard. The determination of impairment is to be made initially by the truck manufacturer in its certification of compliance with all applicable standards, and if the decision appears to be clearly erroneous, NHTSA will so inform the manufacturer. In the present case, the required lighting devices that concern us are the identification lamps, and the conventional stop lamps. As the triple cluster will continue to be illuminated, though with a somewhat greater intensity in the stop lamp mode, we do not consider that the device would impair the effectiveness of the identification lamps. As for whether the device would impair the effectiveness of the conventional stop lamps, we note that the triple lamp cluster will be located from 126 inches to 156 inches above the road surface. Under Standard No. 108, the conventional stop lamps cannot be located more than 72 inches from the road surface. We judge from the configuration of the tank truck that, in actuality, the lamps will be mounted substantially lower than 72 inches. We raise the possibility that the activation of the supplementary lamps, which are located at such a distance from the conventional ones, could create momentary confusion in a driver immediately following a truck equipped with the device. You also wish to install the device on trucks in use, when they are due for major repairs. The sole Federal restraint upon modifications of this nature is that, when performed by vehicle or equipment manufacturers, distributors, dealers or repair businesses, they do not render inoperative, in whole or in part, any device or element of design installed in accordance with a Federal motor vehicle safety standard. As we understand it, your company would perform these modifications on its own vehicles. Therefore, the prohibition would not come into play. Even if the modifications were done by, for example, a motor vehicle repair business, it would be substituting one type of identification lamp for another. We see no problem with the substitution by itself. However, to the extent that the supplementary stop lamps might impair the effectiveness of the conventional stop lamps on new trucks, their installation by the repair business could be considered as rendering the conventional stop lamps partially inoperative, within the meaning of the statutory prohibition for vehicles in use. Vehicles in use are also subject to the laws of the States in which they are registered and operated. Since we are not conversant with State laws, we suggest that you contact the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, for an opinion. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam4638OpenMr. Carlos Chavez R. General Manager Frenos Hidraulicos Automotrices, S.A. (FHASA/Wagner) Apartado Postal 404 Centro C.P. 06000, Mexico, D.F. San Juan Ixhuatepec, Edo. de Mexico; Mr. Carlos Chavez R. General Manager Frenos Hidraulicos Automotrices S.A. (FHASA/Wagner) Apartado Postal 404 Centro C.P. 06000 Mexico D.F. San Juan Ixhuatepec Edo. de Mexico; "Dear Mr. Chavez: This responds to your letter requesting informatio on a DOT 'registration' to enable you to sell your products in this country. You state that you manufacture brake fluid, hydraulic brake rubber cups and boots, brake hose and flashers. I regret the delay in responding. By way of background, the National Highway Traffic Safety Administration (NHTSA) administers Federal standards for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment (including brake fluid, brake hose, and automotive lamps) sold in or imported into this country. These standards are issued under the National Traffic and Motor Vehicle Safety Act (copy enclosed), which establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. This process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. (A general information sheet describing manufacturers' responsibilities under the Safety Act is enclosed.) The Federal Motor Vehicle Safety Standards (FMVSS's) that would apply to the products you list are FMVSS No. 106, Brake Hoses, FMVSS No. 108, Lamps, Reflective Devices and Associated Equipment, and FMVSS No. 116, Motor Vehicle Brake Fluids. These standards are found in Title 49 of the Code of Federal Regulations Part 571. (Please note that the October 1988 revision of 49 CFR inadvertently omitted Standard No. 116's requirements in paragraphs S5.2.2.2(a) through (g), and S5.2.2.3(a) through (e), with which a packager still must comply. These paragraphs are reprinted at the end of the 1988 revision of 49 CFR 571.116.) Your products must meet all applicable requirements of these FMVSS's, and be free from safety-related defects, to be sold in or imported into this country. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which your products are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer which fails to provide notification of or remedy for a noncompliance or defect may be subject to a civil penalty of up to $1,000 per violation. We aren't sure what you mean by the DOT 'registration,' but we believe you are referring to one of several procedural requirements you must satisfy in order to sell your products in this country. The first is 49 CFR Part 566, Manufacturer Identification. This rule requires manufacturers of equipment to which an FMVSS applies ('covered equipment'--e.g., brake fluid and hoses) to submit its name, address, and a brief description of the items of equipment it manufactures to NHTSA within 30 days after it first imports its products into the United States. Second, 49 CFR Part 55l, Procedural Rules (Subpart D) requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to the Chief Counsel, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590, and must include the following information: l. A certification that the designation of agent is valid in form and binding on the manufacturer under the laws, corporate-by-laws, or other requirements governing the making of the designation at the time and place where it is made, 2. The full legal name, principal place of business and mailing address of the manufacturer, 3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name, 4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer, 5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm or a United States Corporation, and, 6. The full legal name and address of the designated agent. In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature. Third, Standard No. 106 (Brake hoses) requires brake hose manufacturers to label their hose with a designation (consisting of block capital letters, numerals or a symbol) that identifies the manufacturer of the hose. The designation assists NHTSA in identifying the manufacturers of noncomplying or defective brake hoses. You would file the designation in writing with NHTSA's Office of Vehicle Safety Standards, Crash Avoidance Division, 400 Seventh St., S.W., Washington, D.C., 20590. I hope this information is helpful. I have also enclosed an information sheet describing how you can obtain copies of NHTSA's standards and regulations. Please contact us if you have further questions. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosures"; |
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ID: aiam3407OpenCharles D. Lucas, Catralla of Washington, P.O. Box 33639, Seattle, WA 98133; Charles D. Lucas Catralla of Washington P.O. Box 33639 Seattle WA 98133; Dear Mr. Lucas: Your letter of January 29, 1981, to Regional Administrator Hall ha been forwarded to this office for response. We are sorry for the delay in responding. In your letter you raised several questions concerning the responsibilities of lease companies under the Federal odometer laws. Based on the limited information we have concerning the transaction described in each question and the fact that many of the questions involve issues of state law, we find it impossible to answer each of the questions you have presented fully. For example, your first question refers to the following apparent changes of ownership:'When the lease company leases the vehicle to its customer, they put a bank on the title as legal owner and the customer and the lease company become the dual registered owners.' Without reviewing the documents which bring about these arrangements and without understanding their significance under state law, we are unable to determine the applicability of the Federal odometer disclosure requirements.; However, the following constant principle may be applied: The Federa odometer laws require any person who transfers his ownership in a motor vehicle to execute an odometer disclosure statement. Motor Vehicle Information and Cost Savings Act, the term transfer means to change ownership (of a vehicle) by purchase, gift, or any other means. 15 U.S.C. 1982(5). If a transaction that is characterized as a lease results in fact in a transfer of ownership under state law governing ownership, an odometer disclosure statement must be executed. Also, when a lease contract contains a purchase option clause, the lease company must make disclosure to the lease customer at the time the option is exercised. Accordingly, disclosure must be made whenever there is a transfer of ownership of a vehicle.; The owner of the vehicle is responsible for the execution of a prope odometer disclosure statement when he transfers ownership. If the actual formalities of transfer can be most conveniently made by the lessee or some other third party on behalf of the owner, there is no reason the lessor, if he is the owner, cannot make this party his agent for the puspose of exeucting the odometer disclosure requirements.; Finally, when a vehicle is sold as salvage, disclosure does not have t be made if the vehicle cannot be returned to the road. However, if the vehicle is repairable and can subsequently be used as a motor vehicle, disclosure must be made.; We suggest that you seek hte advise of legal counsel of your own choic in applying these principles to particular situations such as those you have described.; If you have any further questions, please do not hesitate to write. Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3112OpenMr. J. Ohmura, Orient Glass, Inc., 445 South Figueroa Street, Los Angeles, CA 90071; Mr. J. Ohmura Orient Glass Inc. 445 South Figueroa Street Los Angeles CA 90071; Dear Mr. Ohmura: This responds to your recent letter asking whether a bus bar extensio on rear-window passenger car glazing would comply with Safety Standard No. 205. I assume from your letter that the bus bar is a defrosting template that is embedded in the glazing material.; Safety Standard No. 205, through the ANS Z26 standard that i incorporated by reference, requires glazing materials requisite for driving visibility in passenger cars to have a luminous transmittance of at least 70 percent (Test No. 2 in ANS Z26). This requirement would be applicable to rear- window glazing for passenger cars, since these windows are necessary for driving visibility. Rear-window glazing that contains a bus bar extension and electrical template wires would still have to comply with the 70-percent luminous transmittance requirement, when tested in accordance with Test No. 2. The .67- inch bus bar extension would not preclude compliance with this requirement, although it obviously has no luminous transmittance, if the remaining parts of the glazing meet the 70-percent requirement. However, if the electrical wires of the template are so numerous or located so near each other that a tested section of the glazing would not have a luminous transmittance of at least 70 percent, the rear window would not be in compliance with Safety Standard No. 205.; Sincerely, Frank Berndt, Chief Counsel |
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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.