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: aiam4053OpenMr. D. Moens, Sales Engineer, Van Hool N.V., Bernard Van Hoolstraat 58, B-2578 Lier, Koningshooikt, Belgium; Mr. D. Moens Sales Engineer Van Hool N.V. Bernard Van Hoolstraat 58 B-2578 Lier Koningshooikt Belgium; Dear Mr. Moens: This responds to your October 10, 1985 letter to this agency requestin an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 217, *Bus Window Retention and Release*. You asked whether FMVSS No. 217 allows the use of sliding roof emergency exits. The answer to your question depends on the location of the release mechanism and the direction in which the mechanism operates relative to the surface of the closed exit. As explained below, if the release mechanism falls in the area of high force application, i.e., the area of the bus in which high operating forces may be used, then the answer to your question is no.; According to your letter, you provide two roof hatches on your buses in the front and rear of the vehicles, although the front roof hatch is not needed to meet the unobstructed openings requirement of Standard No. 217. The roof hatches would slide open rather than push out, and would be opened by a handle which is located in the region of high force application as shown in Figure 3B of the standard.; Standard No. 217 requires buses to be equipped with emergency exits an specifies requirements that all emergency exits must meet. Paragraph S5.2.1 of Standard No. 217 provides that a roof exit may be installed on buses with gross vehicle weight ratings of more than 10,000 pounds when the bus configuration precludes installation of an accessible rear exit. The roof exit must meet the requirements of paragraphs S5.3 through S5.5. Under S5.3.2, the direction of required force application in the high force access region is straight and perpendicular to the exit surface. Since your exit is designed so that the force is applied parallel to the exit surface, it does not comply with S5.3.2.; Of course, your roof emergency exit must meet all applicabl requirements in FMVSS No. 217. You should note that under S5.3.1, a roof exit must provide for a release mechanism, located within the regions depicted in Figure 3B of the standard. The release mechanism must be operated by one or two force applications which comply with S5.3.2. Further S5.5 sets certain identification requirements for roof emergency exits.; You stated that the roof exit installed in the forward half of the bu does not need to be counted to satisfy the unobstructed openings requirement of Standard No. 217. Exits that are not labeled or intended as emergency exits need not meet the emergency exit requirements of FMVSS No. 217.; You asked what consequences would follow if we determine that you sliding roof exit does not comply with FMVSS No. 217. That standard was issued under the National Traffic and Motor Vehicle Safety Act. The Act requires manufacturers to comply with all applicable safety standards. It also requires them to notify purchasers of their motor vehicles of safety- related defects and failures to comply with the safety standards, and to remedy such defects and noncompliances without charge. Violations of the Act's requirements are punishable by civil fines of up to $1,000 per violation, with a maximum $800,000 for a related series of violations. Under the regulations set forth in Part 556 of Title 49 of the Code of Federal Regulations (copy enclosed), manufacturers may petition NHTSA for an exemption from the Act's notice and remedy requirements if they believe that the defect or noncompliance is inconsequential as it relates to motor vehicle safety. However, if the agency denies such a petition, *all* duties relating to notice and remedy of the defect or noncompliance contained in the Vehicle Safety Act are continued in force against the manufacturer.; Mr. Sebastian Messina of the New Jersey Department of Transportatio has contacted us concerning the sliding emergency exits on your buses. We are sending him a copy of this letter for his information.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam5511OpenMr. Mayo D. Tubbs Visionary Lighting Systems 1409 Sweetgum Circle Keller, TX 76248; Mr. Mayo D. Tubbs Visionary Lighting Systems 1409 Sweetgum Circle Keller TX 76248; "Dear Mr. Tubbs: We have received your letter of March 23, 1995, askin for a waiver of 49 U.S.C. 30112(a) which will enable the introduction of a new lighting system that you have developed for large trailers. You envision that this system will eventually be installed on emergency vehicles and school buses. We understand that you wish to market this system as original equipment. You have asked that we 'provide adequate safeguards to prevent unauthorized dissemination of this information.' As Taylor Vinson of this Office explained to you before you wrote, all the agency's letters of interpretation must be made available to the general public, and these letters must include enough information to make the interpretation comprehensible. Mr. Vinson telephoned you on March 30, 1995, and informed you that we proposed, in this instance, to limit the description of the system to the number, location, and quantity of lamps, to withhold the incoming letter with the exception of Attachment A, and to exclude your name and address from the copy made publicly available. You concurred with this treatment of your letter, except that you preferred not to have your name and address withheld in the event a reader might be interested in getting in touch with you. You believe that the current lighting and conspicuity requirements for large trailers are inadequate for safety when compared with your system. This system consists of 18 'strip lights on the side and rear' of large trailers which are 'Aviation Green' in color. The side and rear lighting schemes are depicted on Attachment A to your letter. As we interpret Attachment A, two of the strip lights are mounted in the upper right and left rear corners, while eight lights are on each side of the trailer (four right-angle lights in each upper and lower corner, and four lights deployed at one-third body-length intervals at the top and bottom). Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment is the Federal regulation that governs original lighting equipment on trailers. These requirements must be met upon the manufacture and sale of trailers. With respect to the rear of a van trailer, your Attachment A depicts only strip lights in the upper right and left corners. This is not permissible under Standard No. 108. The Federal regulation requires the conspicuity treatment specified by S5.7 to be applied in this area, as well as clearance lamps. With respect to the side of a van trailer, Standard No. 108 requires horizontal conspicuity treatment to be applied near the lower edge of the trailer as close to the front and rear as practicable, though it need not be continuous as long as it covers at least half the trailer length. Because of the gaps between the strip lights on the trailer side as depicted in Attachment A, it is possible that conspicuity treatment could be applied between the strips that would total half or more of the trailer length. However, supplementary lighting equipment such as your system is not permissible under Standard No. 108 (paragraph S5.1.3) if it impairs the effectiveness of the lighting equipment required by the standard. Standard No. 108 restricts the color of exterior lights to red, amber, and white, the former two of which are associated with caution. Green is not used as an exterior lighting color because it is the recognized signal to proceed rather than to warn. We believe that use of the color green has the potential to create a measure of confusion rather than caution, thereby affecting the effectiveness of the mandatory side lighting equipment, i.e., amber front side markers, red rear side markers, and red and white conspicuity striping or red reflectors. A vehicle manufacturer may petition for a temporary exemption from a Federal motor vehicle safety standard under the conditions specified in 49 CFR part 555, a copy of which is enclosed. Therefore, a trailer manufacturer interested in using your system could apply for a 2-year exemption on the basis that the exemption would make easier the development or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to the safety level of the standard. The effect of an exemption is to allow the manufacture and sale of a nonconforming vehicle without violating 49 U.S.C. 30112(a). I am sorry to inform you that the exemption is not available to equipment manufacturers. If you have data that sustains your belief that your system enhances safety, our Office of Research and Development would be interested in corresponding with you. The Associate Administrator of that Office is George Parker. If there are other questions you have, Taylor Vinson will be happy to answer them for you. Sincerely, Philip R. Recht Chief Counsel"; |
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ID: aiam2707OpenMr. Timothy Paul Barton, Anders-Barton Automotive Design, 10770 Lower Azusa Road, El Monte, CA 91713; Mr. Timothy Paul Barton Anders-Barton Automotive Design 10770 Lower Azusa Road El Monte CA 91713; Dear Mr. Barton: This responds to your letter asking whether your modifications o Toyota pickup trucks comply with the requirements of the National Highway Traffic Safety Administration (NHTSA).; The NHTSA requires that a person who modifies a vehicle attach a labe to the vehicle indicating that, as modified, the vehicle continues to comply with all safety standards (49 CFR Part 567, *Certification). From your letter, it appears that you are in compliance with this requirement. You should note further that section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 *et seq*.) prohibits a manufacturer, distributor, dealer, or Motor vehicle repair business from rendering inoperative any device or element of design installed in a motor vehicle or an item of motor vehicle equipment in compliance with a Federal safety standards. In the case of a vehicle which is being converted from one vehicle type to another (e.g., a sedan to a convertible), modification of safety systems would not violate section 108 as long as the modified systems complied with the standards that would have been applicable to the vehicle had it been originally manufactured as the vehicle type to which it is being converted.; As long as you ensure that the vehicle continues to comply with all o the standards applicable to it and you do not render inoperative any safety device or element of design, you would appear to be in compliance with the agency's requirements. You should note that the waiver signed by your customers would not remove your responsibility for any defects or noncompliances with our standards.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam4858OpenDS America, Inc. 5110 Tollview Drive Rolling Meadows, IL 60008 Attn: Messrs. Riani and Mitchell; DS America Inc. 5110 Tollview Drive Rolling Meadows IL 60008 Attn: Messrs. Riani and Mitchell; Gentlemen: This responds to your letter of March 6, 'l990' with respec to your interest in importing for resale Volkswagen Beetles manufactured in Mexico. You've asked for information on 'all relevant requirements for cars being imported to the United States.' A motor vehicle must conform with all applicable Federal motor vehicle safety standards (FMVSS) in order to be imported permanently into the United States. The authority for this requirement is The National Traffic and Motor Vehicle Safety Act of l966, as amended by the Imported Vehicle Safety Compliance Act of l988, which became effective January 31, l990. I enclose a copy of the l966 Act for your information, the amendments effectuated by the l988 Act are found at section 108 1397 , subsections (c) through (j). In brief, a nonconforming motor vehicle may not be imported into the United States unless the Admininstrator of the National Highway Traffic Safety Administration (NHTSA) has determined that the vehicle complies or is capable of conformance to the FMVSS. Determinations are made pursuant to petitions received from manufacturers or registered importers. A 'registered importer' is one that NHTSA has officially recognized as capable of performing the conformance work. After an affirmative determination, the vehicle may be imported by the registered importer, or by any other person who has a contract with the registered importer to perform the conversion work. Certain performance bonds and fees payable to the government have been established. I enclose a copy of the most current list of registered importers. For the text of the FMVSS and other agency regulations, you may contact the outlet of the Government Printing Office closest to you, and obtain 'Title 49 Code of Federal Regulations Parts 400-999 Effective October 1, l990'. NHTSA regulations are parts 501-594 inclusive. You will be particularly interested in Parts 571 (the FMVSS), 591 (import regulation), 592 (registered importer requirements), 593 (vehicle eligibility determinations), and 594 (fees). The Administrator has made no determination with respect to the conformance capability of Mexican Beetles with the FMVSS. If you wish to petition for such a determination, you must either become a registered importer or contract with one to act in your behalf. NHTSA would be especially concerned about the capability of Beetles manufactured on and after September 1, l989, to be conformed to meet the automatic restraint requirements of FMVSS No. 208 (49 CFR 571.208), Occupant Restraint Systems. You have asked for any information the Department may have about conformance problems. During the mid-l980s, Mexican Beetles were imported for resale by commercial enterprises in Texas and California. The Texas enterprise was able to satisfy the importation requirements that were effective before the stringent amendments of the l988 Act. The California enterprise was unable to meet our requirements. We do not view the Texas experience in conversion of vehicles as particularly relevant today in light of the extensive changes made by the l988 Act. Finally, you have asked whether 'documentation by Volkswagon of Mexico certifying these crash requirements can replace a crash tested vehicle or vehicles.' Under our regulations, the registered importer must certify that the converted vehicle conforms to all applicable FMVSS, and, with the initial vehicle, provide NHTSA with documents in substantation. Certainly, if Volkswagen de Mexico had conducted successful barrier impact tests exactly in the manner set forth in the FMVSS, the test results would appear to afford a basis upon which the registered importer could certify compliance. But because conformance modifications could alter vehicle structure or weight, and hence potentially affect the test results previously obtained, your question cannot be answered simply yes or no. However, a registered importer is not legally obliged to conduct a crash test to demonstrate conformance, but could verify that the converted Mexican Beetles continue to conform with the Mexican test results through the use of computer simulations, engineering studies, or mathematical calculations. If you have further questions, we shall be pleased to consider them. Sincerely, Paul Jackson Rice Chief Counsel Enclosures; |
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ID: aiam5228OpenMr. Frank Millar 1841 Shady Brook Drive Thousand Oaks, CA 91362; Mr. Frank Millar 1841 Shady Brook Drive Thousand Oaks CA 91362; Dear Mr. Millar: This responds to your letter concerning Federal Moto Vehicle Safety Standard No. 105, Hydraulic Brake Systems, and Society of Automotive Engineers (SAE) Recommended Practice J201. I apologize for the delay in our response. You asked about the significance of the two documents for manufacturers and consumers. You also asked whether you are correct in interpreting section S5.2.1 of Standard No. 105 as requiring the parking brake of a Toyota Camry with a standard (stick shift) transmission to hold the car stationary on a hill with a 30 percent grade in both forward and reverse directions for five minutes. Your questions are addressed below. By way of background, the National Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards for new motor vehicles and items of motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards. Standard No. 105 is one of the safety standards issued by NHTSA. The standard specifies requirements for hydraulic service brake systems and associated parking brake systems, for the purpose of ensuring safe braking performance under both normal and emergency situations. The standard applies to passenger cars, multipurpose passenger vehicles, trucks, and buses with hydraulic service brake systems. Manufacturers must ensure that each new vehicle complies with each applicable requirement of the standard. The standard specifies the specific test conditions under which each performance requirement must be met. You asked the agency to confirm your understanding that section S5.2.1 of Standard No. 105 requires the parking brake of a Toyota Camry with a standard transmission to hold the car stationary on a 30 percent grade for five minutes in both forward and reverse directions. Section S5.2.1 reads as follows: Except as provided in S5.2.2, the parking brake system on a passenger car . . . shall be capable of holding the vehicle stationary (to the limit of traction on the braked wheels) for 5 minutes in both a forward and reverse direction on a 30 percent grade. Section S5.2.1 thus applies to all passenger cars, except as provided in S5.2.2. The alternative requirement set forth in S5.2.2 is only available for certain vehicles with a transmission or transmission control which incorporates a parking mechanism. Vehicles with standard transmissions do not typically have such a parking mechanism. Assuming that a Toyota Camry does not have a parking mechanism, it would be required to meet the requirements of S5.2.1. I note that, even assuming that a vehicle meets the requirements of S5.2.1, it would not follow that the parking brake system would hold the vehicle stationary on a 30 percent grade under all real world driving conditions. As indicated above, Standard No. 105 specifies specific test conditions under which its performance requirements must be met. In the case of the standard's parking brake requirements, the specified test conditions include such things as control force and test surface. Also, the requirement only applies to the limit of traction on the braked wheels. Thus, if a 30 percent grade has a slippery surface, the vehicle might slide down the grade even though its parking brake system held the wheels locked. Finally, the requirement applies only to new vehicles and not used ones. You also asked the significance of SAE J201 to manufacturers and consumers. The Society of Automotive Engineers is an independent, non-governmental group. In some cases, NHTSA has incorporated portions of that organization's recommended practices into its safety standards. Since the agency has not done so with SAE J201, that recommended practice does not have any significance to the Federal motor vehicle safety standards. NHTSA can only comment on the significance of its own standards and regulations and not on ones issued by other organizations or agencies. Therefore, we suggest that you contact SAE concerning the significance of SAE J201. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact David Elias of my staff at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel; |
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ID: aiam0004OpenMr. Jeffrey S. Malinowski Small Business Center 407 Avalon Marine City, MI 48039; Mr. Jeffrey S. Malinowski Small Business Center 407 Avalon Marine City MI 48039; "Dear Mr. Malinowski: This responds to your letter on behalf of Mr. Le McCallum, asking whether any Federal Motor Vehicle Safety Standard applies to his invention, a tie rod 'safety bracket.' You stated that the product would typically be installed by a vehicle owner to reduce tie rod end wear. As explained below, while no Federal safety standard directly applies to your client's product, he may nevertheless have certain responsibilities under this agency's regulations. As way of background information, the National Traffic and Motor Vehicle Safety Act of 1966, as amended (the 'Safety Act') authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards applicable to motor vehicles and items of motor vehicle equipment. The Safety Act also requires that these safety standards establish minimum levels of performance for vehicles or equipment. Once the necessary performance level has been established, vehicle or equipment manufacturers are free to choose any means they wish to achieve the required level of performance. In other words, the safety standards do not require the use of any particular manufacturer's product or particular materials, the standards permit the use of any manufacturer's product that achieves the necessary performance level. Section 114 of the Safety Act (15 U.S.C. 1403) requires manufacturers to certify that each of its vehicles or items of motor vehicle equipment complies with all applicable safety standards. NHTSA does not approve, endorse, or certify any motor vehicle or item of motor vehicle equipment. NHTSA has no safety standard directly about tie rods or safety brackets used with tie rods. As for installation of your client's device on vehicles in the aftermarket, such installations may be limited by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable safety standard. If installation of your client's product resulted in a vehicle no longer complying with a safety standard, a manufacturer, distributor, dealer, or repair business that installed the product would have rendered inoperative a device or element of design installed on the vehicle in compliance with a standard. To avoid a 'rendering operative' violation, your client should examine his product to determine if installing his product would result in the vehicle no longer complying with a standard's requirements. Section 109 of the Safety Act (15 U.S.C. 1398) specifies a civil penalty of up to $1,000 for each violation of the 'render inoperative' provision. Please note that the Safety Act does not establish any limitations on an individual vehicle owner's ability to alter his or her own vehicle. Under Federal law, individual owners can install any device they want on their own vehicles, regardless of whether that device renders inoperative the vehicle's compliance with a safety standard. Other statutory provisions in the Safety Act could affect your client's product. Manufacturers of motor vehicle equipment such as the 'tire rod safety bracket' are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) on the recall and remedy of products with defects related to motor vehicle safety. The Safety Act specifies that if either the manufacturer or this agency determines that a safety-related defect exists in your client's product, your client as the manufacturer must notify purchasers of the safety-related defect and must either: (1) repair the part so that the defect is removed, or (2) replace the part with an identical or reasonably equivalent part which does not have a defect. Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than eight years before the notification campaign. I hope this information is helpful. If you have any further questions, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam4143OpenMs. Joy Binkley, MJB Windshield Repair, 3765 South Acoma, Englewood, CO 80110; Ms. Joy Binkley MJB Windshield Repair 3765 South Acoma Englewood CO 80110; Dear Ms. Binkley: Thank you for your letter of April 23, 1986, concerning the applicatio of our regulations to a product your company uses. The product, which is called the Novus method of windshield repair, is used to fill in breaks in vehicle windshields with a liquid resin. You explained that several companies in your area have asked whether the U.S. Department of Transportation has approved the use of the Novus product. I hope the following discussion answers your questions.; The National Highway Traffic Safety Administration (NHTSA) is th agency within the U.S. Department of Transportation which has been delegated the authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.; NHTSA has issued Federal Motor Vehicle Safety Standard No. 205 *Glazing Materials*, which specifies performance and location requirements for glazing materials used in vehicles. Standard No. 205 does not contain performance requirements for repair kits, such as the Novus method, which are used to repair broken glazing. However, use of such a material or process in a new windshield which requires repair, for example, as a result of damage sustained in shipment, would be affected by Standard No. 205. Manufacturers must certify that their new vehicles comply with all applicable safety standards. If a windshield is repaired prior to the new vehicle being sold for the first time to a consumer, the person making the repairs would be considered a vehicle alterer under our regulation on certification (Part 567). As an alterer, the person must certify that the vehicle, as altered, continues to comply with all of the requirements of Standard No. 205.; In the case of a used vehicle, use of a windshield repair kit coul potentially be affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. In discussing the applicability of section 108(a)(2)(A) to the repair of windows in used vehicles, NHTSA has said that the prohibitions of that section do not apply to use of a product or process used in the repair of a windshield which has been previously installed in a vehicle and damaged in use. The agency has considered the event that damaged the windshield, and not any subsequent action by a person repairing the damaged window in a used vehicle, as the event which rendered inoperative the compliance of the glazing with the standard. Thus, there is no Federal regulation which would prohibit the use of a product or process in the repair of a windshield which has previously been installed in a vehicle and damaged in use.; The manufacturer of the windshield repair kit is considered manufacturer of motor vehicle equipment. Thus, it is subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam5100OpenMr. Robert F. Gayer Equipment Coordinator Transportation Services Salt River Project P.O. Box 52025 Phoenix, AZ 85072-2025; Mr. Robert F. Gayer Equipment Coordinator Transportation Services Salt River Project P.O. Box 52025 Phoenix AZ 85072-2025; "Dear Mr. Gayer: This responds to your letter asking whether certai trailers, manufactured in 1989, were required to comply with Federal Motor Vehicle Safety Standard No. 121, Air Brake Systems. (49 CFR 571.121). You explained that you disagree with statements by the trailers' manufacturer that 'these trailers do not need to comply with `121,' because they are `Heavy Haul Trailers.'' You further stated that the trailers may not comply with certain provisions in Standard No. 121, including the reservoir requirements in S5.2.1.1 and S5.2.1.5. I note that we previously responded to a similar letter from Salt River Project concerning certain trailers manufactured in 1987. Our letter (copy enclosed) was sent to Mr. Derral T. Crance on April 3, 1989. We explained that heavy hauler trailers are not excepted from Standard No. 121 unless they have a GVWR of more than 120,000 pounds. Since you indicated that the trailers of current concern have a GVWR of 68,000 pounds, they would not be excepted from the standard as heavy hauler trailers. Moreover, the trailers do not appear to come within any of the other exceptions to Standard No. 121. Standard No. 121 does, however, include a number of special provisions for heavy hauler trailers, including exceptions from certain requirements. Of particular note, S5.6 sets forth a number of specific parking brake requirements but permits heavy hauler trailers to meet the requirements of either that section, or, at the option of the manufacturer, the requirements of 49 CFR 393.43. Part 393 requires commercial motor vehicles to be equipped with various types of equipment, including brakes. Specifically, section 393.43 addresses brake requirements in breakaway and emergency braking situations. Heavy hauler trailers manufactured in 1989 were generally subject to sections S5.2.1.1 and S5.2.1.5 of Standard No. 121, the provisions about which you specifically asked. Under S5.2.1.1, a reservoir was required to be provided that is capable of releasing the vehicle's parking brakes at least once and that is unaffected by a loss of air pressure in the service brake system. Under S5.2.1.5, each service reservoir was required to be protected against loss of air pressure due to failure or leakage in the system between the service reservoir and its source of air pressure by check valves or equivalent devices. Notwithstanding the general applicability of S5.2.1.1, certain heavy hauler trailers which complied with the requirements of 49 CFR 393.43 instead of the specific parking brake requirements set forth in S5.6 would not have had to comply with S5.2.1.1. This is so because the vehicle is not required to have parking brakes. However, a braking system is required which applies automatically and promptly upon breakaway from a towing vehicle. Such a vehicle would also be required to carry sufficient chocking blocks to prevent movement when parked, as required by 393.41. Since your letter suggests that you purchased trailers that may not have complied with Standard No. 121, I have referred the matter to our Office of Vehicle Safety Compliance for appropriate action. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam4215OpenThe Honorable Alan Cranston, United States Senate, 112 Hart Senate Office Building, Washington, DC 20510; The Honorable Alan Cranston United States Senate 112 Hart Senate Office Building Washington DC 20510; Dear Senator Cranston: This responds to your letter on behalf of Mr. Raymond Kesler. He aske for this agency's response to a letter from Mr. Robert R. Philips concerning the bi-focal mirror developed by Mr. Kesler. In his letter, Mr. Phillips asked whether an outside rearview mirror, which has both a planar surface of unit magnification and a convex surface, complies with Standard No. 111, *Rearview MIrrors*. I regret the delay in responding to this letter.; As we understand the information supplied by Mr. Phillips, the bi-foca mirror would be installed on the driver's side of motor vehicles to give the driver a wider field of view by combining a convex mirror and a planar mirror as the outside rearview mirror on the driver's side. The convex portion would abut the planar portion and be located to the left of the planar portion. Thus, both normal and wide-angle vision would be provided at the same horizontal viewing level.; By way of background information, this agency does not give approval of vehicles or their equipment. The National Traffic and Motor Vehicle Safety Act of 1966, as amended (the Act), places the responsibility on the manufacturer to ensure that items of motor vehicle equipment, such as rearview mirrors, comply with any applicable requirements. A manufacturer certifies that its equipment complies with all applicable safety standards.; Mr. Phillips asked this agency to confirm his interpretation that thi bi-focal mirror meets the requirements of Standard No. 111 if its planar or unit magnification surface has an area of at least 19.5 square inches, regardless of the existence of the convex portion. The 19.5 square inch requirement is one applicable to multipurpose passenger vehicles, trucks, and buses (other than schoolbuses) with a GVWR of 10,000 pounds or less. Those types of vehicles are required by S6.1 of the standard either to have a set of inside and outside rearview mirrors that comply with the requirements applicable to passenger cars or to have outside mirrors of unit magnification, each with not less than 19.5 square inches of reflective surface, on both sides of the vehicle. If Mr. Phillips' mirror meets that size requirement, is located on a vehicle so as to provide the required view and is adjustable in the required manner, it complies with S6.1.; There are no minimum size requirements for unit magnification outsid rearview mirrors on passenger cars. Mr. Phillips' mirror can be installed on the driver's side of passenger cars if the mirror's unit magnification portion, independently of the convex portion, meets the field of view and mounting requirements specified in S5.2.; In one drawing accompanying Mr. Phillips' letter, there appears to be warning on the planar portion of his bi-focal mirror stating 'Objects Appear Within Markers: Caution.' There is no requirement in Standard No. 111 for such a warning. The agency is concerned that the message conveyed by this warning is unclear and could confuse motorists. The warning ('CAUTION When Vehicle Appears Here') in Mr. Phillips' other drawing seems more easily understood. He might consider providing purchasers with written instructions explaining that the purpose of the message is to warn drivers that the appearance of a vehicle in the convex portion of the mirror means that the vehicle is so close that a lane change would be unsafe.; Unit magnification and convex mirrors on other types of vehicles mus meet the specific performance and location requirements for those types of vehicles, as set out in the standard. Again, please note that a vehicle manufacturer installing a bi-focal mirror on different types of vehicles must ensure that the unit magnification portion of the mirror meets any applicable requirements of the standard independently of the convex portion.; If Mr. Phillips' mirror meets the requirements of Standard No. 111 fo a particular vehicle type, then it may be installed on new vehicles of that type. It may also be installed on used vehicles of that type.; Conversely, if the mirror does not meet those requirements, then it ma not be installed on new vehicles. Further, manufacturers, distributors, dealers and repair businesses would be prohibited from installing it on used vehicles. However, the Act does not establish any limitations on an individual vehicle owner's ability to alter his or her own used vehicle.; Under Federal law, individual vehicle owners can themselves install an product they want on their used vehicles, regardless of whether that product would render inoperative the compliance of the vehicle's rearview mirrors with the performance or location requirements of Standard No. 111.; I hope this information is helpful to you. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam2773OpenJanine M. Schulte, North Central Tank Repair, Box 300, Holdingford, MN 56340; Janine M. Schulte North Central Tank Repair Box 300 Holdingford MN 56340; Dear Ms. Schulte: This responds to your January 13, 1978, letter asking several question about a manufacturer's certification responsibilities under Part 568, *Vehicles Manufactured in Two or More Stages*.; In your letter, you enclosed a copy of a TBEA form and ask whether i complies with Federal regulations and where you can obtain copies. This form is supplied by TBEA to assist manufacturers in their own recordkeeping. It is not required by any Federal regulation. You should consult TBEA for copies of the form.; Secondly, you ask whether Standard No. 120, *Tire Selection and Rim for Motor Vehicles Other Than Passenger Cars*, has altered the responsibilities of the intermediate manufacturer. An intermediate manufacturer's responsibility for compliance with Standard No. 120 is the same as his responsibility for compliance with any other Federal motor vehicle safety standard.; In your third question, you ask whether the addition of a 'tag' o 'pusher' axle to a used chassis requires compliance with Standard No. 121, *Air Brake Systems*. The addition of one axle to a used chassis does not constitute the manufacture of a new chassis. Therefore, if the chassis were manufactured prior to the time that Standard No. 121 became effective, modification of the chassis would not need to comply with the standard. If the chassis already complies with the standard, you would be prohibited from rendering inoperative the compliance of the vehicle with the standard.; You ask what the penalties are for violation of the Federa certification requirements. Under the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 *et seq*.) violations of the Act or regulations are punishable by $1,000 per violation up to a maximum of $800,000 for a related series of violations.; In your last question you ask whether the incomplete vehicle documen should remain with the intermediate or final stage manufacturer on completion of a vehicle. The final stage manufacturer should retain the incomplete vehicle document.; Sincerely, Joseph J. Levin, Jr., 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.