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 |
|---|---|
ID: aiam3482OpenMr. T. Fumima, President, Taiyo Trading USA Inc., 1543 West Olumpic Boulevard, Los Angeles, CA 90015; Mr. T. Fumima President Taiyo Trading USA Inc. 1543 West Olumpic Boulevard Los Angeles CA 90015; Dear Mr. Fumima: This responds to your letter of June 17, 1981, asking about th applicability of Federal motor vehicle safety standards to a manually operated door opener that you are considering importing. The door opener is designed for passenger cars and taxis and allows the driver to open the rear door by shifting a lever located by the driver's side.; 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 manually operate door openers. However, installation of such a device may affect a vehicle's compliance with other safety standards. If any standard would be affected, it would probably be Safety Standard No. 206, *Door Locks and Door Retention Components*. For your convenience, we have enclosed a copy of that standard, which includes performance requirements for a vehicle's latch and striker assembly, door hinges, and door locks. However, based on the limited drawings included with your letter, it is not possible for us to determine whether a vehicle's compliance with that standard would be affected. We suggest that you carefully examine the requirements of Standard No. 206 to make that determination.; 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. 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.<<<; Please feel free to contact us if you have any further questions. Yo may also wish to check with state and local authorities to determine whether the use of your device is affected by their regulations.; Sincerely, Frank Berndt, Chief Counsel |
|
ID: aiam3480OpenMr. T. Fumima, President, Taiyo Trading USA Inc., 1543 West Olympic Boulevard, Los Angeles, CA 90015; Mr. T. Fumima President Taiyo Trading USA Inc. 1543 West Olympic Boulevard Los Angeles CA 90015; Dear Mr. Fumima: This responds to your letter of June 17, 1981, asking about th applicability of Federal motor vehicle safety standards to a manually operated door opener that you are considering importing. The door opener is designed for passenger cars and taxis and allows the driver to open the rear door by shifting a lever located by the driver's side.; 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 manually operate door openers. However, installation of such a device may affect a vehicle's compliance with other safety standards. If any standard would be affected, it would probably be Safety Standard No. 206, *Door Locks and Door Retention Components*. For your convenience, we have enclosed a copy of that standard, which includes performance requirements for a vehicle's latch and striker assembly, door hinges, and door locks. However, based on the limited drawings included with your letter, it is not possible for us to determine whether a vehicle's compliance with that standard would be affected. We suggest that you carefully examine the requirements of Standard No. 206 to make that determination.; 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. 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.<<<; Please feel free to contact us if you have any further questions. Yo may also wish to check with state and local authorities to determine whether the use of your device is affected by their regulations.; Sincerely, Frank Berndt, Chief Counsel |
|
ID: aiam3483OpenMr. T. Fumima, President, Taiyo Trading USA Inc., 1543 West Olympic Boulevard, Los Angeles, CA 90015; Mr. T. Fumima President Taiyo Trading USA Inc. 1543 West Olympic Boulevard Los Angeles CA 90015; Dear Mr. Fumima: This responds to your letter of June 17, 1981, asking about th applicability of Federal motor vehicle safety standards to a manually operated door opener that you are considering importing. The door opener is designed for passenger cars and taxis and allows the driver to open the rear door by shifting a lever located by the driver's side.; 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 manually operate door openers. However, installation of such a device may affect a vehicle's compliance with other safety standards. If any standard would be affected, it would probably be Safety Standard No. 206, *Door Locks and Door Retention Components*. For your convenience, we have enclosed a copy of that standard, which includes performance requirements for a vehicle's latch and striker assembly, door hinges, and door locks. However, based on the limited drawings included with your letter, it is not possible for us to determine whether a vehicle's compliance with that standard would be affected. We suggest that you carefully examine the requirements of Standard No. 206 to make that determination.; 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. 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.<<<; Please feel free to contact us if you have any further questions. Yo may also wish to check with state and local authorities to determine whether the use of your device is affected by their regulations.; Sincerely, Frank Berndt, Chief Counsel |
|
ID: aiam4632OpenMr. Mike Sazio S.C. Manufacturing, Inc. 11879 Woodbury Avenue Garden Grove, CA 92643; Mr. Mike Sazio S.C. Manufacturing Inc. 11879 Woodbury Avenue Garden Grove CA 92643; "Dear Mr. Sazio: This responds to your letter concerning th application of our regulations and Federal motor vehicle safety standards to your company's manufacture of 'convertible vinyl tops for Jeeps and similar vehicles.' I regret the delay in responding. You asked which Federal safety standards apply to these convertible tops that you sell in both the new vehicle market and the aftermarket. You were especially interested in standards for 'windows and door handles.' There are two Federal safety standards (copies enclosed) that would apply to your product: (1) Standard No. 205, Glazing Materials, and (2) Standard No. 302, Flammability of Interior Materials. While the brevity of the description of your product makes it difficult for us to determine whether our standard for door handles (Standard No. 206, Door Locks and Door Retention Components) applies, we believe that the standard does not apply to your product because the tops, which apparently incorporate doors, are readily removable. By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority under the National Traffic and Motor Vehicle Safety Act (copy enclosed) to establish Federal motor vehicle safety standards for new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment. Instead, the Safety Act 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 Federal requirements. The agency periodically tests vehicles and equipment for compliance with the standards, and also investigates other alleged safety-related defects. If you or the agency determines that a noncompliance or safety-related defect exists, you are obligated to notify purchasers of your product and remedy the problem without charge. Manufacturers who fail to provide notification of or remedy for a defect or noncompliance may be subject to a civil penalty of up to $1,000 per violation. (A general information sheet describing manufacturers' responsibilities under the Safety Act is enclosed.) The Safety Act defines the term 'motor vehicle equipment' as follows: 'Motor vehicle equipment' means 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 ...' (/102(4)) This definition includes the product your company manufactures since the convertible tops are components manufactured and sold either as a replacement or improvement of the convertible top or as an addition to vehicles that have no existing top. Since your product is considered an item of motor vehicle equipment, S.C. Manufacturing Inc., as the manufacturer of the equipment, must ensure that the convertible tops comply with all applicable Federal motor vehicle safety standards and contain no safety-related defects. If your product contains glazing material, Standard No. 205 (49 CFR /571.205, Glazing Materials) directly applies to that glazing material. Standard No. 205 is an equipment standard which sets performance requirements for glazing materials used in new motor vehicles and glazing materials sold as items of motor vehicle equipment, including glazing used in convertible tops. Any glazing in the convertible tops that your company manufactures for new or used vehicles must therefore conform to the applicable specifications set forth in Standard No. 205. The standard establishes both performance requirements, including those regulating the light transmittance and abrasion resistance of glazing, and labeling requirements applicable to the glazing used in your product. If your convertible top is added to a new vehicle, i.e., before the vehicle is sold for the first time to a consumer, then it must comply with Standard No. 302, Flammability of Interior Materials (49 CFR /571.302). Standard No. 302 applies to certain vehicle occupant compartment components, including convertible tops, on new completed motor vehicles. Persons selling new vehicles equipped with your convertible top must ensure that the vehicles, including your top, conforms to Standard No. 302. Generally speaking, while the requirements of Standard No. 302 apply to convertible tops incorporated in new vehicles, they do not apply to convertible tops added to used vehicles, i.e., vehicles which have been sold for the first time to a consumer. Under this general rule, you are permitted to sell aftermarket convertible tops that do not comply with Standard No. 302 to vehicle owners who will add them to their used vehicles even if the addition of the top by the vehicle owners caused the vehicles to no longer comply with Standard No. 302. This general rule is, however, limited by the application of the provisions of /108(a)(2)(A) of the Vehicle Safety Act. That section specifies: 'No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... 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 ...' This section requires manufacturers, distributors, dealers or motor vehicle repair businesses (i.e., any person holding him or herself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation) installing your top on new or used vehicles to ensure that the addition of the apparatus would not negatively affect the compliance of any component or design on a vehicle with applicable Federal safety standards. For example, the commercial entity must ensure that the addition of the top does not degrade from the safety provided by flammable-resistant materials in the vehicle's interior compartment which have been installed in accordance with Standard No. 302. Installation of rapidly burning materials could vitiate the compliance of the materials which were present in the vehicle at the time of its sale to the first consumer and were certified as meeting FMVSS No. 302. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of section 108. You should note that section 108(a)(2)(A) is not limited to Standard No. 302, but applies also to any modification of Federally-required safety systems or devices on new or used vehicles. Section 108(a)(2)(A) prohibits rendering inoperative the compliance of devices or elements of design with any applicable Federal safety standard. Thus, a commercial entity would be permitted to install your product only if the modification would not destroy or degrade from a vehicle's compliance with any applicable Federal requirements, such as those for lamps and reflective devices (Standard No. 108). Standard No. 206 applies to new vehicles, but not to new aftermarket motor vehicle equipment. Therefore, the doors on aftermarket Jeep top covers would not have to meet the standard. Further, doors on new Jeep vehicles would not have to meet the standard if they are 'designed to be easily attached to or removed from' the vehicle, as provided in paragraph S4 of Standard No. 206. To summarize the above discussion, any glazing in the convertible tops you manufacture must meet applicable requirements of Standard No. 205 regardless of whether the tops are sold in the aftermarket or to new vehicle purchasers. The effect of Standard No. 302 on your product depends on the circumstances surrounding installation of the product in new and used motor vehicles. If the convertible top does not meet Standard No. 302, the top cannot be installed in vehicles by any commercial business listed in /108(a)(2)(A) of the Safety Act. However, these convertible tops may legally be installed in vehicles by the owners of the vehicles. Your company would still have the responsibility under the Vehicle Safety Act to recall and remedy its products which are determined to contain a defect relating to motor vehicle safety, even if the convertible tops were installed by vehicle owners themselves. I hope this information is helpful. In addition to the materials described above, I have also enclosed an information sheet describing generally your responsibilities under the Vehicle Safety Act. Please contact my office if we can be of further assistance. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosures"; |
|
ID: aiam4633OpenDon A. Norton, Esq. Levinson, Murray & Jensen, P.C. Suite 400 312 West Randolph Street Chicago, IL 60606; Don A. Norton Esq. Levinson Murray & Jensen P.C. Suite 400 312 West Randolph Street Chicago IL 60606; Dear Mr. Norton: This is in reply to your letter with respect t compliance of imported motor vehicles with the Federal standard relating to vehicle identification numbers (VIN). I regret the delay in responding. You have asked 'in what manner does the importer affix the vehicle identification number to the tag that is to be located so as to be visible from the outside of the vehicle through the left portion of the windshield? Is the proper procedure to acertain the proper chassis number of the vehicle, and then to fashion, emboss, and affix a plate of any design that would comport with the visibility regulations,' or is it affixed by the State authority that licenses the vehicle. Compliance with any Federal motor vehicle safety standard is the responsibility of the importer of any vehicle not originally manufactured to comply with the standards. Compliance with Standard No. ll5 requires affixation of the VIN in the location you described (paragraph S4.6). The VIN label should be affixed by the person conforming the vehicle, as compliance with all Federal motor vehicle safety standards, including Standard No. ll5, must be demonstrated simultaneously in order to satisfy Federal requirements. A State does not affix VINs. In response to a request you made for information, please note that we have searched our records and find no l98l or other model Mercedes-Benz with the serial number WDB10704612000486. Sincerely, Stephen P. Wood Acting Chief Counsel; |
|
ID: aiam3159OpenMr. Maurice Paul Pare, Jr., Director of Legal Compliance/Design, Cars & Concepts, Inc., 12500 E. Grand River, Brighton, MI 48116; Mr. Maurice Paul Pare Jr. Director of Legal Compliance/Design Cars & Concepts Inc. 12500 E. Grand River Brighton MI 48116; Dear Mr. Pare: In your letter of October 29, 1979, you commented on Mr. Taylo Vinson's opinion, expressed to you a week earlier, that the scope of the agency to grant exemptions under the Cost Savings Act is narrower than that which exists under the Traffic Safety Act. Your interpretation of the Cost Savings Act is that the authority is broader because the exemption can be based upon the fact that compliance with the bumper standard would 'unreasonably interfere with the special use of such vehicle' while the Traffic Safety Act set forth 'very exact' criteria for the granting of an exemption. You have asked for a further explanation.; To begin with, the exemption scheme varies greatly between the tw statutes. Under the Traffic Safety Act, exemptions are 'temporary' in nature, with the anticipation that at the end of the exemption period, three years at the most, the condition giving rise to the need for an exemption will have passed and the vehicle will comply. Four bases for application are provided. On the other hand, the Cost Savings Act appears to me narrower in scope though broader in effect (which may be what you had in mind). Since 'special use' refers directly to the functional characteristics of a vehicle, the manufacturer's need for an exemption will be 'permanent' as long as the configuration involved is required for the vehicle's 'special use.' Therefore, the Secretary, '*in promulgating any bumper standard*' (Sec. 102(c)(1)(B), emphasis supplied) is authorized to exempt special- use vehicles if compliance would interfere with the special use. I interpret this as meaning the standard itself would have to be amended to exclude a vehicle permanently from its applicability rather than an exemption granted as it is under the Traffic Safety Act. The concept that the exemption or exclusion from applicability of the bumper standard is permanent is also reflected in the provisions of the Cost Act regarding importation of non-complying used vehicles. The Traffic Safety Act authorizes the Secretary to permit 'temporary importation' (Sec. 108(B)(4)) while the Cost Savings Act does not modify the noun 'importation' (Sec. 106(b)(4)), indicating that vehicles may be admitted without the necessity of conformance.; While neither the Cost Savings Act nor NHTSA has defined 'special use, the statute is explicit that a vehicle can be exempted only if two conditions are met: that it be manufactured for a special use, and that compliance would unreasonably interfere with that use. An example that I cite is a vehicle with a front power take-off (a special use) on which a full bumper might unreasonably interfere with that function. It is clear to us that passenger cars, exotic cars (such as the Lamborghini Countach), and replicars (such as the Model A) are not special use vehicles. Indeed, no manufacturer wishing an exemption from the bumper standard has tried to convince us to the contrary. Now I hope you understand our opinion that exemptions are more difficult to obtain under the Cost Savings Act than under the Traffic Safety Act.; Your impression that the Lamborghini Countach as been granted a exemption from the bumper standard in 1978 is indeed erroneous. The car was granted an exemption from the safety bumper standard No. 215, in 1975, to expire on November 1, 1978. But early in 1978 we notified it (and three other manufacturers whose exemptions from Standard No. 215 were stated to expire on October 1 and November 1, 1978) that Standard No. 215 was revoked effective September 1, 1978, and its exemption would expire on that date, and that we had no authority to provide it with an exemption under the Cost Savings Act.; Sincerely, Frank Berndt, Chief Counsel |
|
ID: aiam4504OpenMr. Charley Erickson Charley's Off Road Center, Inc. 14190 E. Firestone Blvd. Santa Fe Springs, CA 90670; Mr. Charley Erickson Charley's Off Road Center Inc. 14190 E. Firestone Blvd. Santa Fe Springs CA 90670; "Dear Mr. Erickson: This responds to your letter asking whether Safet Standard No. 302, Flammability of Interior Materials, applies to the 'bikini sun shade,' an accessory you wish to sell for both new and used open-body type passenger vehicles. I regret the delay in responding to your letter. Generally speaking, items of motor vehicle equipment are not covered by Standard No. 302 and the bikini shade may be sold to vehicle owners for their installation in their own vehicles without regard to the product's conformance with the standard. However, as explained below, Federal law places limits on the installation of the bikini shade by some commercial businesses. Standard No. 302 establishes flammability requirements that must be met by new motor vehicles. The requirements apply to particular components within these vehicles, including shades. However, the requirements of the standard apply to a vehicle only until its first purchase in good faith for purposes other than resale. They do not apply to shades manufactured for aftermarket sale and installation in a a vehicle after its first purchase. It would not violate Standard No. 302 for you to sell aftermarket bikini sun shades that do not comply with the standard. However, the installation of the shades by certain parties other than vehicle owners could violate the National Traffic and Motor Vehicle Safety Act. Section 108(a)(2)(A) of the Act (copy enclosed) specifies: 'No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... 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 flammability resistance of the original vehicle is an element of design installed in a motor vehicle in compliance with Standard No. 302. That element of design would be rendered inoperative in violation of section 108(a)(2)(A) if a manufacturer, distributor, dealer or motor vehicle repair business installed a bikini sun shade in a new vehicle and thereby caused that vehicle to fail to comply with Standard No. 302. There would also be a rendering inoperative when one of these parties installed the shade in a used vehicle if the shade would have caused the vehicle, when new, to fail to comply with the standard. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of 108. You should be aware also of an additional aspect of the Act. All manufacturers of motor vehicle equipment are subject to the provisions set forth in sections 151-159 of the Act concerning the recall and remedy of equipment with defects relating to motor vehicle safety. If it were determined that the bikini shade had a defect relating to motor vehicle safety, you as the shade manufacturer would have to notify all purchasers of the defect and either repair the shade so that the defect is removed, or replace the shade with an identical or reasonably equivalent product that does not contain a defect. To summarize, there is a difference in the application of Standard No. 302 to vehicle equipment such as the bikini sun shade, depending on the identity of the person installing the shade in new and used motor vehicles. If the shade does not afford at least as good a level of flammability resistance as that specified by Standard No. 302, the shade cannot be installed in vehicles by any commercial business listed in 108(a)(2)(A) of the Safety Act. Shades that do not meet the standard's flammability resistance requirements may legally be installed in vehicles by the owners of those vehicles. However, NHTSA discourages owners from installing any item of equipment that would degrade the safety performance of their vehicles. To repeat, you as the shade manufacturer would still be obligated to recall and remedy shades that are determined to contain a defect relating to motor vehicle safety, even if those shades were installed by vehicle owners themselves. I hope this information is helpful. Please contact us if you have further questions. Sincerely, Erika Z. Jones Chief Counsel Enclosure"; |
|
ID: aiam4618OpenMr. Sadato Kadoya Manager, Safety Engineering Mazda (North America), Inc. Research & Development Center 1203 Woodbridge Avenue Ann Arbor, MI 48105; Mr. Sadato Kadoya Manager Safety Engineering Mazda (North America) Inc. Research & Development Center 1203 Woodbridge Avenue Ann Arbor MI 48105; "Dear Mr. Kadoya: This is to provide you with a clarification of ou letter to you dated November 3, l988, based upon your telephone conversation with Taylor Vinson of this Office. Our letter advised you that Standard No. l08 did not preclude the use of replaceable bulb headlamps with adjustable reflectors. In reply, you have cited two provisions of the standard which appear in conflict with this interpretation. With respect to a headlamp equipped with one or two HBl light sources, S4.1.1.36(e)(l) states that 'There shall be no mechanism that allows adjustment of an individual HBl or adjustment of reflector aim with two HBls .' To similar effect with respect to HB3 and HB4 light sources is S4.1.1.36(f)(l). Standard No. l08 has been amended effective June 8, l989, and the corresponding requirements are now S7.5(d)(l) and (e)(l). Each has been revised to state 'There shall be no mechanism that allows adjustment of an individual light source, or, if there are two light sources, independent adjustment of each reflector.' We believe that the revised wording of the new sections clearly allow the adjustment of single reflectors in single light source replaceable bulb headlamps, and dual reflectors in dual-light source replaceable bulb headlamps, provided that the reflectors are not capable of independent adjustment. Further, new S7.7.2.2 specifically addresses how moveable reflectors must operate. The intent of these sections is to prohibit headlamp designs in which the bulb alone is adjusted to aim the headlamp since this is contrary to mechanical aim requirements, or, where there is more than one reflector in a headlamp, designs in which each reflector may be adjusted independently, since this is also contrary to achieving precise mechanical aim. Thank you for bringing this matter to our attention. Sincerely, Stephen P. Wood Acting Chief Counsel /"; |
|
ID: aiam5062OpenMr. Jerry Beck One Leatherwood Court Burtonsville, MD 20866; Mr. Jerry Beck One Leatherwood Court Burtonsville MD 20866; "Dear Mr. Beck: This responds to your letter requesting informatio about how this agency's regulations would apply to the product you are developing. While you initially requested that the agency keep your inquiry confidential, you removed this request for confidentiality in a September 18, 1992 letter to Marvin Shaw of my staff. You described your product as a reflective decal that would be placed on the backside of a motor vehicle's rear view mirror and on its rear bumper. I am pleased to have this opportunity to explain our requirements to you. I am also enclosing a copy of a fact sheet entitled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.' By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Section 102(4) of the Safety 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 ... In determining whether an item of equipment is considered an accessory, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We determine the expected use 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. If the product satisfies both criteria, then the product is considered to be an 'accessory' and thus is subject to the provisions of the Safety Act. Applying these criteria to your reflective decals, it appears that your product would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of your letter, it appears that a substantial portion of your device's expected use will be during the operation of a motor vehicle. In addition, it appears that your product would typically be used by ordinary users of motor vehicles. While your device would be considered an item of motor vehicle equipment, this agency has not issued any standards setting forth performance requirements for such a device. Nevertheless, any person that installed this device on a new vehicle before the vehicle's first sale to the public would be required to certify that the vehicle complies with all applicable safety standards, including Standard No. 111, Rearview Mirrors, with this device installed. After the first sale of the vehicle to the public, certain persons who modify vehicles are subject to the prohibition in section 108(a)(2) of the Safety Act (15 U.S.C. 1397(a)(2)). That section provides that: 'No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard...' To avoid a 'rendering inoperative' violation for vehicles that comply with any of our safety standards, commercial after market installers of your device should examine any installation instructions that you may have for your device and compare those instructions with the requirements of our safety standards, to determine if installing the device in accordance with those instructions would result in the vehicle no longer complying with any of those safety standards. If the installation of your device would not result in a 'rendering inoperative' of the vehicle's compliance with the safety standards, the device can be installed by manufacturers, distributors, dealers and repair shops without violating any Federal requirements. The prohibitions of Section 108(a)(2)(A) do not apply to the actions of a vehicle owner in modifying his or her vehicle. Thus, a vehicle owner would not violate the Safety Act by installing your device even if doing so would adversely affect some safety feature in his or her vehicle. You should be aware that, as a manufacturer of an aftermarket item of motor vehicle equipment, you are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that you or NHTSA determines that your product contains a safety related defect, you would be responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
|
ID: aiam4471OpenCaptain Robert W. Barthelmess Box 5744 APO, NY 09633; Captain Robert W. Barthelmess Box 5744 APO NY 09633; "Dear Captain Barthelmess: This is in reply to your letter of Decembe 30, 1987, to this agency with respect to the requirements for importing tires without the DOT symbol. You have asked whether the DOT symbol must still appear on the tires of vehicles that conform to the U.S. Federal motor vehicle safety standards. The answer is yes, there has been no change in the requirement that the DOT symbol appear on the sidewall of tires manufactured as either original or replacement equipment. The DOT is the manufacturer's certification of compliance with all applicable Federal motor vehicle safety standards. In your letter, you stated that one individual at the Army Air Force Exchange Service indicated that the DOT symbol had been replaced by a series of numbers. This individual may have confused the requirement for the DOT symbol with a different Federal requirement for an identification number to appear on tires. The tire identification number, among other things, assists in the tracing and recalling of tires which may prove to be noncomplying or defective. The requirement for the tire identification number is in addition to, not in place of, the requirement for the DOT symbol. You have also asked (with reference to service personnel like yourself who recently bought non-DOT marked tires for your U.S. type automobiles) whether there is a technical possibility of denial of entry to vehicles certified as meeting U.S. safety specification but equipped with tires not bearing the DOT symbol. The general procedure is that when a motor vehicle arrives at the port of entry it will be inspected to see whether it bears the manufacturer's certification of compliance (generally in the driver's door post area). We do not know whether Customs makes it a practice to inspect vehicles of U.S. origin for this certificate when a serviceman is returning to the States. If an inspection occurs and the vehicle bears the certification, the vehicle is admitted without further inspection. It is possible, of course, that a Customs inspector could happen to notice in passing the lack of the DOT symbol on the tires. In this instance, as the vehicle would not be in conformity with all applicable standards, the Customs inspector could require entry of the vehicle under bond, which would be released upon the importer's production of a statement to this agency that the noncompliance had been corrected. Although we are not aware of any instance in which this has actually happened, you may wish to contact Customs with respect to its inspection procedures. You may also wish to write Goodyear asking for a statement that the Vector tires comply with Standard No. 109, which could be presented to Customs should questions arise. I hope that this answers your questions. Sincerely, Erika Z. Jones Chief Counsel"; |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
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.