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: aiam3444OpenMr. Antonio Cano, Sales Representative, P. O. Box 904, Buckingham, PA 18912; Mr. Antonio Cano Sales Representative P. O. Box 904 Buckingham PA 18912; Dear Mr. Cano: This responds to your question, raised during a meeting with Car Clark, Vernon Bloom, Harry Thompson and Edward Glancy, whether any Federal motor vehicle safety standard precludes the importation or sale of your anti-theft device called 'Hyperblock.' The device works by preventing release of the brakes. Installation of the device requires cutting into a vehicle's braking system.; By way of background information, the agency does not give approvals o vehicles or equipment. The National Traffic and Motor Vehicle Safety Act places the responsibility on the manufacturer to ensure that its vehicles or equipment comply with applicable requirements. A manufacturer then certifies that its vehicles or equipment comply with all applicable standards. We note that the term 'manufacturer' is defined by section 102(5) of the Act to mean 'any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, *including any person importing motor vehicles or motor vehicle equipment for resale*.' [emphasis added]; The agency does not have any regulations covering anti- theft device that work by preventing release of the brakes. However, since installation of Hyperblock requires cutting into a vehicle's braking system, it may affect a vehicle's compliance with other safety standards.; If your device is added to a new motor vehicle prior to its first sale the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. In the case of Hyperblock, this would include Safety Standard No. 105, *Hydraulic Brake Systems* (49 CFR 571.105). You will find the specific certification requirements for alterers at 49 CFR Part 567.7, *Certification*. On the other hand, you as the manufacturer of Hyperblock would have no certification requirements, because we have no safety standards applicable to your equipment. However, an alterer would probably require information from you in order to make the necessary certification.; If your device is installed on a used vehicle by a business such as garage, the installer would not be required to attach a certification label. However it would have to make sure that it did not knowingly render inoperative the compliance of the vehicle with any safety standard. This is required by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, which states in relevant part:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard...<<<; You indicated at the aforementioned meeting that installation o Hyperblock does not affect a vehicle's braking performance. You also indicated that Hyperblock maintains the integrity of a vehicle's split system. In addition to requirements in those areas, Standard No. 105 establishes brake system integrity requirements, requiring that a braking system be able to withstand a series of spike stops. You may wish to consider testing Hyperblock as to whether it affects a vehicle's compliance with the spike stop test requirements, if you have not done so already. We suggest that you carefully examine all of Standard No. 105's requirements to determine the degree to which installation of your device affects compliance with the standard.; While we do not have any opinion as to the safety of your particula device, we do have a general concern about the safety of anti-theft devices which work by preventing release of the brakes. We note that some manufacturers state in their service manuals that hydraulic brake locking devices should not be used on their vehicles.; Should a safety-related defect be discovered in your device, whether b agency or yourself, you as the manufacturer would be required under sections 151 *et seq*. of the Act to notify vehicle owners, purchasers, and dealers and provide a remedy for the defect.; Finally, in addition to the provisions of Federal law discussed above there is a possibility of liability in tort should your device prove to be unsafe in operation. You may wish to consult a local lawyer concerning liability in tort.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3446OpenMr. Antonia Cano, Sales Representative, P.O. Box 904, Buckingham, PA 18912; Mr. Antonia Cano Sales Representative P.O. Box 904 Buckingham PA 18912; Dear Mr. Cano: This responds to your question raised during a meeting with Carl Clark Vernon Bloom, Harry Thompson and Edward Glancy, whether any Federal motor vehicle safety standard precludes the importation or sale of your anti-theft device called 'Hyperblock.' The device works by preventing release of the brakes. Installation of the device requires cutting into a vehicles braking system.; By way of background information, the agency does not give approvals o vehicles or equipment. The National Traffic and Motor Vehicle Safety Act places the responsibility on the manufacturer to ensure that its vehicles or equipment comply with applicable requirements. A manufacturer then certifies that its vehicles or equipment comply with all applicable standards. We note that the term 'manufacturer' is defined by section 102(5) of the Act to mean 'any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, *including any person importing motor vehicles or motor vehicle equipment for resale*.' Emphasis added. ; The agency does not have any regulations covering anti-theft device that work by preventing release of the brakes.; However, since installation of Hyperblock requires cutting into vehicle's braking system, it may affect a vehicle's compliance with other safety standards.; If your device is added to a new motor vehicle prior to its first sale the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. In the case of Hyperblock, this would include Safety Standard No. 105, *Hydraulic Brake Systems* (49 CFR 571.105). You will find the specific certification requirements for alterers at 49 CFR Part 567.7, *Certification*. On the other hand, you as the manufacturer of the device would have no certification requirements, because we have no safety standards applicable to your equipment. However, an alterer would probably require information from you in order to make the necessary certification.; If your device is installed on a used vehicle by a business such as garage, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative the compliance of the vehicle with any safety standard. This is required by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, which states in relevant part:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. . .<<<; You indicated at the aforementioned meeting that installation o Hyperblock does not affect a vehicle's braking performance. You also indicated that Hyperblock maintains the integrity of a vehicle's split system. In addition to requirements in those areas, Standard No. 105 establishes brake system integrity requirements, requiring that a braking system be able to withstand a series of spike stops. You may wish to consider testing Hyperblock as to whether it affects a vehicle's compliance with the spike stop test requirements, if you have not done so already. We suggest that you carefully examine all of Standard No. 105's requirements to determine the degree to which installation of your device affects compliance with the standard.; While we do not have any opinion as to the safety of your particula device, we do have a general concern about the safety of anti-theft devices which work by preventing release of the brakes. We note that some manufacturers state in their service manuals that hydraulic brake locking devices should not be used on their vehicles.; Should a safety-related defect be discovered in your device, whether b the agency or yourself, you as the manufacturer would be required under sections (sic) 151 *et seq*. of the Act to notify vehicle owners, purchasers, and dealers and provide a remedy for the defect.; Finally, in addition to the provisions of Federal law discussed above there is a possibility of liability in tort should your device prove to be unsafe in operation. You may wish to consult a local lawyer concerning liability in tort.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4812OpenMs. Rebecca Flint Polymeric Systems, Inc. Wheatland and Mason Streets Phoenixville, PA 19460; Ms. Rebecca Flint Polymeric Systems Inc. Wheatland and Mason Streets Phoenixville PA 19460; "Dear Ms. Flint: This responds to your letter asking whether thi agency must approve your product, an epoxy putty that could be used to repair leaking gas tanks. You said a customer would like to market your product 'for fleet (buses and truck) maintenance.' The answer is no, the National Highway Traffic Safety Administration (NHTSA) does not approve or certify products. By way of background, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards (FMVSS's) applying to the manufacture of new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our FMVSS's. Instead, under the National Traffic and Motor Vehicle Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all of our applicable safety standards. This process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. NHTSA regularly tests vehicles and equipment for compliance with the FMVSS's as part of its enforcement program. In addition, the agency also investigates safety-related defects in motor vehicles and items of motor vehicle equipment. There isn't any FMVSS that directly applies to repair putty for fuel tanks. Federal Motor Vehicle Safety Standard 301, Fuel System Integrity, sets performance requirements for new vehicles with a gross vehicle weight rating of 10,000 pounds or less and school buses. The standard does not apply to products sold to repair fuel tanks on vehicles already in use. Repair of a damaged fuel tank in a new vehicle would be affected by the statutory requirement that the vehicle, when first sold to a consumer, must comply with FMVSS 301. If a new vehicle's fuel tank is repaired prior to such sale, the person making the repairs would be considered a vehicle alterer under our regulation on certification (Part 567, copy enclosed). As an alterer, the person must certify that the fuel system, as altered, continues to comply with all of the applicable requirements of Standard 301. After a vehicle is first sold to a consumer, repairs to a vehicle are potentially affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits manufacturers, distributors, dealers, or motor vehicle repair businesses from knowingly rendering inoperative any device or element of design installed in compliance with a FMVSS. However, the agency does not view that prohibition as applying to the repair of a fuel tank which has been previously installed in a vehicle and damaged in use. The agency considers the event that damaged the fuel tank and not any subsequent action by a person repairing the damaged tank in a used vehicle as the event that 'rendered inoperative' the compliance of the fuel tank with the standard. Thus, a person in one of the aforementioned categories may use the putty to repair a damaged fuel tank on a used vehicle without regard to the render inoperative prohibition. Of course, however, NHTSA urges all persons repairing motor vehicles to ensure that the repair is done safely. The prohibition of section 108(a)(2)(A) does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may use the repair putty regardless of its effect on the performance of fuel tanks. However, NHTSA encourages vehicle owners not to tamper with vehicle safety equipment if the modification would degrade the safety of the vehicle. An issue raised by your inquiry is whether the putty is 'motor vehicle equipment' under the Vehicle Safety Act. Manufacturers of motor vehicle equipment are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. As discussed below, we believe the putty is not motor vehicle equipment. Section 103(4) of the Act defines, in relevant part, the term 'motor vehicle equipment' 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 . . . (emphasis added). In determining whether an item of equipment is considered an 'accessory . . . to the motor vehicle,' NHTSA applies not only the relevant statutory language, but also two criteria. The first criterion is whether a substantial portion of the expected uses of the item are related to the operation or maintenance of motor vehicles. We determine the expected uses by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be used principally by ordinary users of motor vehicles (e.g., items normally used by professional vehicle repair and maintenance personnel would not qualify). If the product satifies both criteria, the product is considered to be an 'accessory' and thus is subject to the provisions of the Safety Act. Applying these criteria to your inquiry, the first criterion appears to be satisfied because a substantial portion of the expected uses of the putty is related to the operation or maintenance of motor vehicles. The second criterion, however, does not appear to be satisfied. In a December 21, 1990 telephone conversation with Ms. Fujita of my staff, you stated that the putty would be sold to professional mechanics only. Since your product is not intended for use by ordinary vehicle users, the putty is not considered to be motor vehicle equipment. Our sister agency in the Department, the Federal Highway Administration (FHWA), has operational and equipment requirements for commercial vehicles used in interstate commerce. We will forward a copy of your letter to the FHWA for information about those requirements. I hope this information is helpful. Sincerely, Paul Jackson Rice Chief Counsel Enclosures"; |
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ID: aiam4042OpenMr. Wayne D. Buhler, Director of Engineering, Onspot, Inc., 1424 E. 800 N., Orem, UT 84057; Mr. Wayne D. Buhler Director of Engineering Onspot Inc. 1424 E. 800 N. Orem UT 84057; Dear Mr. Buhler: This responds to your letter requesting a review of your 'Onspot Safet Chain,' an automatic snowchain, for compliance with existing regulations. According to your letter, the current units are being installed both as original equipment and in the aftermarket on 1/2 ton and larger vehicles, although prototypes are being developed for passenger cars. The device is activated by pulling a dash mounted electrical switch which activates an electric solenoid valve, allowing air to pass from an air tank on the Onspot air chambers. For the future, you are considering using a push pull air switch mounted at the dash which would get air supply from the tank or manifold, thus eliminating the solenoid valve. On vehicles with air-mechanical brakes, air is generally used from the secondary air reservoir, or the primary reservoir if that is all that is available. On vehicles with hydraulic brakes, an auxiliary air system is provided. I regret the delay in responding to your letter.; By way of background information, the National Highway Traffic Safet Administration (NHTSA) 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 safety standards. The following represents our opinion based on the facts provided in your letter.; NHTSA does not have any regulations covering automatic snowchains However, it is possible that installation of the Onspot Safety Chain could affect a vehicle's compliance with other safety standards. We note in particular that since the device may be tied into a vehicle's air brake system, it could affect a vehicle's compliance with Federal Motor Vehicle Safety Standard No. 121, *Air Brake Systems*.; If your device is installed as original equipment on a new vehicle, th vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards. If the device is added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.; If the device is installed on a used vehicle by a business such as garage, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative the compliance of the vehicle with any safety standard. This is required by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act.; Enclosed is an information sheet which identifies relevant Federa statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. I note that the Vehicle Safety Act's provisions requiring manufacturers to notify purchasers of safety-related defects and to remedy such defects without charge apply regardless of whether an item of motor vehicle equipment is covered by a safety standard.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam2893OpenMr. Edgar E. Lungren, Jr., Pullman Trailmobile, 200 East Randolph Drive, Chicago, IL 60601; Mr. Edgar E. Lungren Jr. Pullman Trailmobile 200 East Randolph Drive Chicago IL 60601; Dear Mr. Lungren: This responds to your October 19, 1978, questions about the effect o the *PACCAR v. NHTSA* decision (532 F2d. 632 (9th Cir. 1978)) on certain aspects of Standard No. 121, *Air Brake Systems*. This reply addresses several issues related to the questions you asked.; Standard No. 121 as a whole was not invalidated by the Court decision Only the 'road testing' requirements of S5.3.1, S5.3.2, and S5.7.1 for trucks and trailers were addressed by the Court, and only some of the performance requirements and test procedures associated with them were held invalid. Thus, requirements such as timing, dynamometer, and equipment specifications remain valid and enforceable.; One question raised is whether the court invalidated these 'roa testing' requirements and associated procedures only as of the October 11th entry of mandate, or whether the court found the requirements invalid back to their January and March 1975 implementation dates. While there are conflicting statements in the court's opinion about the holding on 'no lockup' and 60-mph stopping distances, we believe that these requirements are invalid from the effective date of the standard for affected vehicle types. This conclusion relies on the court's conclusion about the adequacy of promulgation 'at the time [the standard] was put into effect' (573 F2d. at 640).; Thus the NHTSA does not believe that a vehicle which lacks 'no lockup performance or the specified 60-mph stopping distance capability would be in noncompliance with Standard No. 121. Noncompliance enforcement of these performance aspects will, therefore, not be pursued.; A second question is whether a commercial facility (manufacturer distributor, dealer, or repair business) can disconnect or remove antilock systems that were installed prior to October 11, 1978, the date on which the court made its decision effective. With regard both to new vehicles in inventory and used vehicles in service that have been antilock equipped, S 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (the Act) states that --; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ....<<<; The issue is whether the antilock was 'installed .... in complianc with an applicable .... standard.' Because the NHTSA concluded that the 'no lockup' and 60-mph stopping distances have been invalidated from the effective date of the standard, we also conclude that a manufacturer could not have actually been installing antilock or the brake performance levels in satisfaction of such a requirement, however much intended. Therefore, the NHTSA would not consider it to be a violation of S 108(a)(2)(A) for a commercial facility to disconnect an antilock system or to provide instructions on how it can safely be disconnected. The NHTSA recommends that any modification be undertaken only after consulting with the manufacturer about the safest configuration of the particular vehicle.; I would emphasize that disconnection of systems prior to the firs retail sale may not have the effect of causing the vehicle to fail to comply with other applicable requirements.; The issue of disconnecting systems in service is totally different i the case of a manufacturer or agency determination that an antilock system contains a defect that relates to motor vehicle safety. Under S 154 of the Act, the vehicle manufacturer must provide an adequate repair of safety- related defects, unless replacement of the vehicle or refund of the purchase price is undertaken.'Adequate repair' is defined in S 159(4) not to include 'any repair which results in substantially impaired operation of a motor vehicle or item of replacement equipment.' The agency does not agree with the court's view that antilock systems have the potential to reduce highway safety, and therefore, anything other than repair of an antilock system containing a safety-related defect would be considered by the NHTSA to constitute substantial impairment of the motor vehicle.; A third question is whether Canadian-built (or U.S.-built for export trucks and trailers which comply with the Canadian air brake standard can now be imported since certain 'road testing' portions of the U.S. standard have been invalidated. The Canadian standard came into effect later than the U.S. standard and it differs in having no stopping distance, 'no lockup', timing, or dynamometer requirements. Thus, there may be differences between vehicles built for the U.S. and those built for Canadian service.; Operation of uncertified vehicles in the United States constitutes a importation in violation of S 108(a)(1)(A) of the Act if built after the applicable effective date of Standard No. 121. Enclosed is a letter to the Canadian Trucking Association on this subject. The invalidation of some of the differences between the U.S. and Canadian standards does not completely eliminate the disparity of required performance between the two groups of vehicles. This would apply both to vehicles in service and to newly manufactured vehicles that do not comply with Standard No. 121.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam4153OpenMr. Terry W. Wagar, Technical Services Bureau, Division of Vehicle Safety Services, Department of Motor Vehicles, State of New York, Albany, NY 12228; Mr. Terry W. Wagar Technical Services Bureau Division of Vehicle Safety Services Department of Motor Vehicles State of New York Albany NY 12228; Dear Mr. Wagar: This is in reply to your letter of December 27, 1985, with reference t the 'Pulse' and 'Litestar' motor vehicles. You have asked several questions regarding the registration category and highway safety records of these vehicles. I hope the following information will be helpful.; There are no Federal categories for vehicle registration. Each State i free to define vehicles as it wishes for registration purposes. The State definition need not conform to the Federal categorization assigned for purposes of the safety standards. However, regardless of how a State defines a vehicle, under the preemption clause of the National Traffic and Motor Vehicle Safety Act (15 USC 1392(d)) a State may not require compliance of that vehicle with a State standard that differs from a Federal safety standard covering the same aspect of conformance. Such a State standard must be identical with the Federal one. For example, a State could require a horn as a prerequisite to registration since there is no corresponding Federal requirement, but it could not require a motorcycle to be equipped with two headlamps, since Federal Standard No. 108 allows a manufacturer a choice of one or two headlamps.; With reference to the Litestar and Pulse vehicles, we understand tha both vehicles have small outrigger wheels, which support the vehicles at rest. For purposes of compliance with the Federal motor vehicle safety standards, a 'motorcycle' is a motor vehicle that is designed to travel on not more than three wheels in contact with the ground. If the outrigger wheels are used only to provide stabilization in turns while the vehicle is in motion, then we would view the vehicle as a 'motorcycle' since it is designed to travel on not more than three wheels in contact with the ground. However, if this type of vehicle is designed to travel on all four wheels, or capable of it according to outrigger adjustment, the vehicle would not be a motorcycle, but would be a 'passenger car' for purposes of compliance with the Federal motor vehicle safety standards. (See definition of 'motorcycle' at 49 CFR Sec. 571.3(b)). We have not formally investigated these vehicles for compliance, nor do we have any information regarding their highway safety records.; You also asked whether the 'Litestar' had been brought to our attentio previously. The answer is yes. James Bede, the apparent originator of this type of vehicle, brought one to the headquarters of the Department some years ago and obtained our informal concurrence that it could be classified as a 'motorcycle.'; I hope that this is of assistance to you. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam0009OpenMr. Andy Tanner Glas-Weld of Jacksonville, Inc. 7901 Baymeadows Way, Suite #14 Jacksonville, Florida 32257; Mr. Andy Tanner Glas-Weld of Jacksonville Inc. 7901 Baymeadows Way Suite #14 Jacksonville Florida 32257; "Dear Mr. Tanner: This responds to your letter regarding labeling o glazing materials. You explained that your company restores marred bus windows and renders them in like-new condition in accordance with the ANSI Z26.1 standards. You asked if your 'remanufactured' windows must indicate the materials manufacturer or whether a 'generic designation which would exclude the origination information' would be acceptable. You also asked whether, if the windows are basically unchanged, you could keep the original labeling or must instead restate the 'unaltered properties' in your own labeling. Some background information about the agency may be useful. NHTSA has the authority under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A), Safety Act) to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Glazing, as an 'addition to the motor vehicle,' is considered to be an item of motor vehicle equipment (Section 102(4) of the Safety Act). New glazing material for use in motor vehicles is subject to the requirements of Standard No. 205, Glazing Materials (49 CFR 571.205). Based on the information provided in your letter, your company would not be considered a 'manufacturer' of new glazing material under agency regulations. You stated that your company restores or reconditions marred bus window glazing to a like-new condition. The agency has previously determined that reconditioners need not certify that reconditioned motor vehicles or motor vehicle equipment comply with the safety standards that apply only to new motor vehicles or new motor vehicle equipment. In your case, the reconditioned glazing is considered to be the same glazing as originally manufactured. However, your company would be affected by section 108(a)(2)(A) of the Safety Act . That section prohibits any manufacturer, distributor, dealer, or motor vehicle repair business from 'render ing inoperative' any equipment or element of design installed in compliance with a Federal safety standard. 'Render inoperative' means to remove, disconnect or degrade the performance of a system or element of design installed pursuant to Federal safety standards. The 'render inoperative' provision of the law means that you are not allowed to recondition or restore glazing if that restoration would cause the glazing to no longer comply with the applicable requirements of Standard No. 205. To comply with the obligations imposed by this 'render inoperative' provision, you should examine the glazing you 'restore' to determine whether the glazing continues to comply with Standard No. 205. Section S6 of Standard No. 205 sets forth the certification and marking requirements for glazing materials. The standard also incorporates by reference 'ANS Z26,' the American National Standards Institute's Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways. As a repair business, you must ensure that the reconditioned glazing continues to be marked in accordance with ANSI Z26.1. ANS Z26.1 requires that all glazing be marked with a a DOT code mark, a unique number assigned by the agency to identify each prime glazing material manufacturer. The DOT code mark is used in defect or noncompliance recall campaigns to identify the manufacturer. In addition, ANS Z26.1 requires that all glazing have the distinctive designation or trademark of the prime glazing material manufacturer. However, NHTSA has previously concluded that the designation or trademark on the glazing need not be that of the prime glazing material manufacturer, if the glazing is marked with the prime glazing material manufacturer's DOT code mark (Letter to Terry E. Quinn, May 31, 1988). NHTSA can easily and accurately identify the prime glazing material manufacturer from the DOT code mark, regardless of the distinctive designation or trademark that appears on the glazing. Thus, if the original prime glazing material manufacturer's DOT code mark remains on the glazing material, you may either use the prime glazing material manufacturer's or your own distinctive designation or trademark. You may not, however, use a 'generic designation' that does not have a distinctive designation or trademark. Because, as stated above, reconditioned glazing is considered to be the same glazing as originally manufactured, you may keep the original ANS Z26.1 marking and need not restate the unaltered properties in your own labeling. However, if the existing DOT code mark is removed during reconditioning, you must re-mark the glazing in accordance with the original mark. The agency has previously determined that removal of a DOT identification number from a tire is considered rendering inoperative an element of design of the tire (Letter to Jeffrey Libman, January 21, 1980). Like the DOT code mark for glazing, the DOT identification number is used in defect or noncompliance recall campaigns. Thus, the agency considers the removal of a DOT code mark from a piece of glazing to be the rendering inoperative an element of design of the glazing. I hope that this information is helpful. If you have any further questions or need additional information about this topic, please feel free to contact Mr. John Rigby of this office at the above address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam3721OpenMs. Betty Thain, Harper, Robinson & Co., 9620 N.E. Colfax, Portland, OR 97220; Ms. Betty Thain Harper Robinson & Co. 9620 N.E. Colfax Portland OR 97220; Dear Ms. Thain: This responds to your recent letter to this office, asking whether client of yours may import used tires from Japan for resale. You noted that the tires met the requirements of Japanese Industrial Standards, but do not have a DOT symbol marked on the sidewall. Such tires may not be imported into this country, except under very limited circumstances.; Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safet Act (15 U.S.C. 1397(a)(1)(A)) specifies that 'no person shall...import into the United States any motor vehicle or 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.' You stated that your client wants to import used truck tires.; Section S6.5(a) of Federal Motor Vehicle Safety Standard No. 119 (4 CFR S 571.119) also requires tires for use on motor vehicles other than passenger cars to have a DOT symbol permanently labeled on the sidewall, as a certification by the manufacturer that the tire fully complies with the standard. Without such a certification, the tires are not in conformity with applicable Federal motor vehicle safety standards, and the law expressly prohibits importing such tires.; There are three very narrow exceptions to this principle. First, tire which are not in compliance with applicable safety standards may be imported if the importer posts a bond with the Customs Service, pursuant to 15 U.S.C. 1397(b)(3), to insure that any nonconforming tires would be brought into conformity with the applicable standards (in terms of meeting performance and certification requirements). This would be very difficult for the importer, because the used tires would have to conform to new tire standards. To my knowledge, no importer has ever been able to do this with used tires.; The second exception which allows tires without a DOT symbol to b imported occurs when the importer can furnish proof that the tires were manufactured before the applicable safety standard came into effect. For tires for use on motor vehicles other than passenger cars, Standard No. 119 became effective March 1, 1975. Based on that information enclosed with your letter, it appears that the tires your client wishes to import are more recently manufactured than this date, and so this exception will not prove useful.; The third exception involves three conditions, all of which must b satisfied for the tires to be imported. Tires without a DOT symbol on the sidewall may be imported if:; (1) they are used tires for use on motor vehicles other than passenge cars,; (b) they have less than 2/32 inch of tread remaining on the tire, and (c) the tires are imported solely for the purpose of retreading. When these three conditions are met, the agency has interpreted th tires not to be 'items of motor vehicle equipment' within the meaning of the law. However, your client's tires appear to meet only the first condition.; If you have any further questions on this matter, please feel free t contact Steve Kratzke of my staff at this address, or by phone at (202) 426-2992.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3720OpenMs. Betty Thain, Harper, Robinson & Co., 9620 N.E. Colfax, Portland, Oregon 97220; Ms. Betty Thain Harper Robinson & Co. 9620 N.E. Colfax Portland Oregon 97220; Dear Ms. Thain: This responds to your recent letter to this office, asking whether client of yours may import used tires from Japan for resale. You noted that the tires met the requirements of Japanese Industrial Standards, but do not have a DOT symbol marked on the sidewall. Such tires may not be imported into this country, except under very limited circumstances.; Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safet Act (15 U.S.C. 1397 (a)(1)(A)) specifies that 'no person shall...import into the United States any motor vehicle or 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.' You stated that your client wants to import used truck tires.; Section S6.5(a) of Federal Motor Vehicle Safety Standard No. 119 (4 CFR S 571.119) also requires tires for use on motor vehicles other than passenger cars to have a DOT symbol permanently labeled on the sidewall, as a certification by the manufacturer that the tire fully complies with the standard. Without such a certification, the tires are not in conformity with applicable Federal motor vehicle safety standards, and the law expressly prohibits importing such tires.; There are three very narrow exceptions to this principle First, tire which are not in compliance with applicable safety standards may be imported if the importer posts a bond with the Customs Service, pursuant to 15 U.S.C. 1397(b)(3), to insure that any nonconforming tires would be brought into conformity with the applicable standards (in terms of meeting performance and certification requirements). This would be very difficult for the importer, because the used tires would have to conform to new tire standards. To my knowledge, no importer has ever been able to do this with used tires.; The second exception which allows tires without a DOT symbol to b imported occurs when the importer can furnish proof that the tires were manufactured before the applicable safety standard came into effect. For tires for use on motor vehicles other than passenger cars, Standard No. 119 became effective March 1, 1975. Based on the information enclosed with your letter, it appears that the tires your client wishes to import are more recently manufactured than this date, and so this exception will not prove useful.; The third exception involves three conditions, all of which must b satisfied for the tires to be imported. Tires without a DOT symbol on the sidewall may be imported if:; (a) they are used tires for use on motor vehicles other than passenge cars,; (b) they have less than 2/32 inch of tread remaining on the tire, and (c) the tires are imported solely for the purpose of retreading. When these three conditions are met, the agency has interpreted th tires not to be 'items of motor vehicle equipment' within the meaning of the law. However, your client's tires appear to meet only the first condition.; If you have any further questions on this matter, please feel free t contact Steve Kratzke of my staff at this address, or by phone at (202)426-2992.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3640OpenConfidential; Confidential; Dear Confidential: This responds to your recent request for an interpretation of th requirements of Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars*. Specifically, you asked if that standard allows a manufacturer to equip a motorcycle with passenger car tires and rims.; Standard No. 120 permits a motorcycle to be equipped with passenger ca tires and rims, provided that those tires and rims meet all the requirements of the standard. Section S5.1.1 of Standard No. 120 requires all motorcycles equipped with pneumatic tires for highway service to be equipped with tires that meet either the requirements of Standard No. 109, which applies to new passenger car tires, or Standard No. 119, which applies to new tires for use on motor vehicles other than passenger cars. Thus, passenger car tires can be used on new motor cycles, as long as those passenger car tires are certified as complying with Standard No. 109.; Motorcycle rims are subject to two requirements. First, section S5.1. requires that the rims be listed by the manufacturer of the tires installed on the motorcycle as suitable for use with those tires. If you use rims which are the proper size for the passenger car tires to be used, this requirement is easily met by passenger car rims. Second, rims used on motorcycles must meet the rim marking requirements in section S5.2 of Standard No. 120. Passenger car rims generally do not meet these marking requirements, because the rim manufacturers do not mold the required information onto passenger car rims. However, if you can obtain passenger car rims marked with the information set forth in section S5.2 and listed by the passenger car tire manufacturer as appropriate for use with the passenger car tires, those rims could be used on new motorcycles.; A copy of this letter with your name and address deleted, along wit your request for an interpretation of Standard No. 120, has been placed in the public docket under interpretations of Standard No. 120. Should you have any further questions or need further information on this matter, please contact Mr. Stephen Kratzke of my staff at (202) 426-2992.; Sincerely, Frank Berndt, Chief Counsel |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.