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: aiam2692OpenMr. Stuart Pivar, Rototron Corp., 115 Florida Street, Farmingdale, New York 11735; Mr. Stuart Pivar Rototron Corp. 115 Florida Street Farmingdale New York 11735; Dear Mr. Pivar: This is in reply to your letter of September 1, 1977, with respect t moped tires. You have informed us that you wish to manufacture mopeds that would be equipped with an unspecified quantity of tires that are 'not marked with the letters DOT and [do not] have the letters UY which is the code assigned by the DOT to this company...' You have asked 'to have an interim approval from your office for use of this tire until we can arrange for this manufacturer to engrave the necessary letters in their mold'.; The symbol 'DOT' is the tire manufacturer's certification that the tir complies with all applicable requirements of Federal Motor Vehicle Safety Standard No. 119, *New Pneumatic Tires for Vehicles Other Than Passenger Cars.* Without that certification a moped manufacturer would appear to have no reasonable basis for certifying that vehicles of his manufacture equipped with these tires comply with Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars.* Your use of these tires might therefore be an apparent violation of the certification requirements of the National Traffic and Motor Vehicle Safety Act subjecting you to civil penalties. If the tires in fact failed to comply, additional penalties could be imposed, and you would be required to notify and remedy the noncompliance.; The fact that part of a foreign manufacturer's production may b certified as meeting DOT standards cannot be relied upon as an assurance that a tire that is not marked with the DOT symbol or manufacturer code letters will also comply. Indeed, it is a prima facie indication that the tire was not manufactured for the American market and does not meet Federal safety standards.; Yours truly, Frank Berndt, Deputy Chief Counsel |
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ID: aiam2136OpenMr. W. G. Milby, Staff Engineer, Blue Bird Body Company, P.O. Box 937, Fort Valley, GA 31030; Mr. W. G. Milby Staff Engineer Blue Bird Body Company P.O. Box 937 Fort Valley GA 31030; Dear Mr. Milby: This responds to Blue Bird Body Company's October 16, 1975, questio whether Standard No. 121, *Air Brake Systems*, preempts a State requirement that air-braked school buses be equipped with an audible and visual antilock failure warning signal and an air pressure gauge with a 3-inch display.; Standard No. 121 requires that trucks and buses be equipped with an ai pressure gauge, but it does not specify the size of the display (S5.1.4). Section S5.1.6 of the standard requires that trucks and buses be equipped with an antilock failure warning signal that is either visible within the driver's forward field of view, or both audible and continuously visible if it is not within the driver's forward field of view.; Section 103(d) of the National Traffic and Motor Vehicle Safety Act o 1966 (15 U.S.C. 1392(d)) provides that no State or political subdivision of a State may promulgate or continue in effect standards applicable to an aspect of motor vehicle or motor vehicle equipment performance which is covered by a Federal motor vehicle safety standard, unless the standards are identical.; The Federal requirements must be regarded as conclusive with regard t aspects of air brake performance covered by Standard No. 121 in order to maintain the uniformity necessary in a Federal regulatory scheme. This was affirmed in a recent decision rendered in a case brought by the Motorcycle Industry Council, Inc. against the State of California in the United States District Court for the Eastern District of California concerning the preemption of a California State requirement that motorcycle headlamps be wired to operate when the engine is running. The Court held that the California requirement is preempted by the Federal Motor Vehicle Safety Standard No. 108 since the NHTSA intended to cover all aspects of performance directly involving motorcycle headlamps.; The requirements described in your letter would be preempted b Standard 121 since the aspects of performance that would be affected are covered by the Federal standard.; You should note that this discussion of State 'requirements' onl refers to rules of general applicability within a State or municipality. It does not refer to purchase specifications that may be imposed by any person or organization, including a State or municipality, with respect to vehicles purchased for the person or organization's own use. Such specifications are not limited by Federal law, and in the case of governmental bodies are specifically allowed by S103(d), although of course they cannot alter a manufacturer's duty to conform to Federal standards.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam4254OpenMs. Diane Le Mire, Traffic Administrator, Equus Products, Inc., 17291-B Mt. Herrmann Street, Fountain Valley, CA 92708; Ms. Diane Le Mire Traffic Administrator Equus Products Inc. 17291-B Mt. Herrmann Street Fountain Valley CA 92708; Dear Ms. Le Mire: Thank you for your letter asking how our regulations would affect th manufacturing, importing, and distribution of a shade device for a vehicle. According to the sales brochure included with your letter, your product, which is called 'VENTSHADES,' is a stainless steel shade that is designed to be installed on the top of a vehicle's window frame. The purpose of the device is to allow vehicle occupants to partially lower their windows when it is raining and keep the rain out. In addition, the brochure says that the ventshade can reduce glare. I regret the delay in our response and hope the following information is helpful.; I believe some background information about the agency may be o assistance to you. The National Highway Traffic Safety Administration (NHTSA) has the authority under the National Traffic and Motor Vehicle Safety Act 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 process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects. I have enclosed an information sheet which briefly describes each of a manufacturer's responsibilities under the Vehicle Safety Act. The information sheet also explains how a foreign company importing an item of vehicle equipment into the United States must designate an agent within this country for service of process.; We do not have any standards that directly apply to your product. Th agency has issued Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials*, which specifies performance and location requirements for glazing used in vehicles. The performance and other requirements of the standard apply to any item of glazing material used in a vehicle, including a windscreen made of plastic or other glazing materials. Your product is not made of a glazing material, but is instead made of steel, and is thus not covered by Standard No. 205.; However, manufacturers of motor vehicle equipment are subject to th requirements in sections 151-159 of the Act concerning the recall and remedy of products with defects related to motor vehicle safety. In addition, use of your product can be affected by section 108(a)(2)(A) of the 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.; The prohibition of section 108(a)(2)(A) does not apply to individua vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, the agency encourages vehicle owners not to remove or otherwise tamper with vehicle safety equipment.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam2589OpenMr. Don W. Vierimaa, Engineering Manager, TTMA, 2430 Pennsylvania Avenue, N.W., Washington, D.C. 20037; Mr. Don W. Vierimaa Engineering Manager TTMA 2430 Pennsylvania Avenue N.W. Washington D.C. 20037; Dear Mr. Vierimaa: This responds to your March 16, 1977, letter in which you ask for a interpretation of the certification label requirements of Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars*, as they apply to trailers.; In your first question, you ask whether a trailer manufacturer ma conform with the certification requirements in any one of three ways: list the GVWR and GAWR with the corresponding tires, rims, and inflation pressure with which the trailer is equipped, list all suitable combinations with the required information as shown in the example appearing in Standard No. 120, or list only the maximum GVWR and maximum GAWR with the proper tires, rims, and inflation pressure, plus the GVWR and GAWR of the trailer with the tires, rims, and inflation pressure with which it is equipped.According to the requirements of Standard No. 120, any of the three methods outlined above would appear to be acceptable. Your second question presents a sample certification plate which lists all of the axles on the trailer. You ask whether it is permissible, where the data for all axles is identical, to list the proper tires, rims, and inflation pressure for the front axle then merely state 'Same as Front' for the remaining axles rather than repeat the same data for all axles. The label requirements of the standard do not permit the approach you suggest. You must list all data for each axle. You should note that there is a proposal to amend Part 567, *Certification*, to permit a simplification of label requirements when the data for all axles is identical. I am enclosing a copy of this proposal for your information.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam3463OpenMr. Frank J. Goossens, A. Lakin & Sons, Inc., 2044 North Dominick Street, Chicago, IL 60614; Mr. Frank J. Goossens A. Lakin & Sons Inc. 2044 North Dominick Street Chicago IL 60614; Dear Mr. Goossens: This responds to your recent letter requesting confirmation of a informal opinion you were given in a telephone conversation with Mr. Steve Kratzke of this office. You were concerned about the requirements of Safety Standard No. 117 (49 CFR S 571.117) and 49 CFR Part 574 (copies enclosed) regarding the information which must appear on the sidewall of retreaded passenger car tires. Your company would like to use a bead-to-bead retreading process which will remove all of the safety information and the DOT certification and identification number molded on the sidewall of the tire by the original manufacturer.; A retreader of passenger car tires is permitted to remove thes markings, provided the retreader molds into or onto the sidewall of the retreaded tires the information and certification markings required by Standard 117 and Part 574. Section 6.3 of Standard 117 specifies the safety information which must appear on the sidewall of retreaded passenger car tires. This section explicitly gives the retreader a choice of retaining the information molded on the sidewalls by the original manufacturer or of molding the information into or onto the sidewalls during the retreading process. Since the retreading process you intend to use will remove the original labeling, you will have no choice but to mold the required information on the sidewalls during your retreading process.; With respect to the DOT certification label and the origina manufacturer's identification mark, section 5.2.3 of Standard 117 provides that any passenger car tire casing that is to be retreaded must bear the DOT symbol of the original manufacturer as a certification that, at the time of manufacture, the tire met all the requirements of Standard 109. Ordinarily, in cases other than retreading, the removal of this DOT symbol from the passenger car tire by a manufacturer, dealer, distributor or motor vehicle repair business is prohibited by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1397(a)(2)(A)). That section reads in part: '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...an item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard....' Since the DOT symbol is an element of design on a tire installed in compliance with Standard 109, any knowing removal by the parties listed in this section would be a violation of the section.; The prohibition in Section 108(a)(2)(A) which acts to prevent remova of the new tire certification symbol ceases to have effect when the tire is converted into a retreaded tire. This result is consistent with previous agency interpretations indicating that when a motor vehicle is converted from one type to another, section 108(a)(2)(A) ceases to require the vehicle's continued compliance with standards applicable to the vehicle as originally manufactured but not as converted.; Although both Standard 109 and Standard 117 require that tires b marked with a DOT symbol to certify compliance, the symbol affixed by the manufacturer of the new tire cannot serve also as the symbol to be affixed by the retreader. The retreader is required by section 6.1 of Standard 117 to affix its own DOT symbol to certify that the tire, as retreaded, fully complies with all the requirements of Standard 117. Chapter 49 *Code of Federal Regulations* Part 574.5 specifies the location for the DOT symbol on the sidewall, as well as a manufacturer's code and other information which must be molded onto or into the sidewall immediately following the DOT symbol. The retreader's certification and identification mark serve the same purpose for the retreaded tire that the new tire manufacturer's certification and identification mark serve for the new tire. Thus, the retreader may remove the original DOT symbol and identification from passenger car tire casings during the retreading process.; If you have any further question on this matter, please contact Mr Steve Kratzke of my staff (202-426- 2992).; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4854OpenMr. Ian A. Munro Tubex Pty., Ltd. 96 Station St. Nunawading VIC 3131 AUSTRALIA; Mr. Ian A. Munro Tubex Pty. Ltd. 96 Station St. Nunawading VIC 3131 AUSTRALIA; "Dear Mr. Munro: This responds to your February 8, 1991 letter to Mr John Messera of NHTSA's Enforcement Office about the air brake hose (tubing) you manufacture. Your questions have been referred to my office for reply. By way of background, NHTSA administers Federal regulations for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment (including brake hoses) sold in or imported into this country. 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 Federal motor vehicle safety standards (FMVSS's). This process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. NHTSA tests vehicles and equipment sold to consumers for compliance with the FMVSS's and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which your hoses are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer which fails to provide notification of or remedy for a noncompliance or defect may be subject to a civil penalty of up to $1,000 per violation. Standard 106 applies to new motor vehicles and to 'brake hoses' (which include plastic tubing), brake hose end fittings, and brake hose assemblies. The standard specifies labeling and performance requirements for these products to reduce the likelihood of brake system failure from ruptures in the brake hose or brake hose assembly. New brake hoses, end fittings and assemblies must meet these requirements to be sold in or imported into this country. If the items do not comply, the manufacturer is subject to civil penalties of $1000 per violation, and the notification and remedy provisions of the Safety Act. I have enclosed a copy of the Safety Act for your information. Your first question asks how you would 'register' your hose and 'air coil connectors' with NHTSA. By 'register,' we believe you mean the process by which a manufacturer files a designation with NHTSA that identifies the manufacturer. The manufacturer's designation is marked on its hose, end fittings and assemblies, and assists NHTSA in identifying the manufacturer of noncomplying or defective brake hoses. The filing and labeling requirements for the manufacturer designation are in S7.2.1 for air brake hose, S7.2.2 for end fittings, and S7.2.3 or S7.2.3.1 for assemblies. To 'register' your designation (which may consist of block capital letters, numerals or a symbol), you would simply file the designation in writing with NHTSA's Crash Avoidance Division at the following address: National Highway Traffic Safety Administration, 400 Seventh Street S.W., Washington, D.C., 20590. You may telephone Mr. Vernon Bloom of the Crash Avoidance Division at (202) 366-5277 if you have questions about filing your designation. Your second question asks whether compliance with SAE Standard J844, 'Nonmetallic Air Brake System Tubing' is sufficient to be assured of compliance with FMVSS 106. The answer is no. Your hoses must be certified as meeting FMVSS 106 to be sold in or imported into this country. To determine the answer to your question, you would have to examine SAE J844 and FMVSS 106, and compare their requirements. Where the requirements differ, FMVSS 106 is the standard that must be met. Your third question asks for information on all Federal requirements for the sale of nylon air brake tubing in the United States. I have enclosed a copy of FMVSS 106 for your reference. I also note that our sister agency in the Department, the Federal Highway Administration, has operational and equipment requirements for trucks used in interstate commerce. If you are interested in that agency's requirements for brake tubing, you can write to them at the address provided in the enclosed information sheet entitled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.' In addition, I have enclosed copies of two procedural requirements you must satisfy in order to sell your products in this country. The first requirement is NHTSA's regulation for manufacturer identification (49 CFR Part 566). This regulation requires a manufacturer of equipment to which an FMVSS applies (e.g., brake hose) to submit its name, address, and a brief description of the items of equipment it manufactures to NHTSA within 30 days after it first imports its products into the United States. The second requirement is NHTSA's regulation for designations of agents (49 CFR Part 551, Procedural Rules, Subpart D). The regulation requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to me at the following address: Chief Counsel, Room 5219, National Highway Traffic Safety Administration, 400 Seventh St., S.W., Washington, D.C., 20590. The designation must include the following information: 1. A certification that the designation of agent is valid in form and binding on the manufacturer under the laws, corporate-by-laws, or other requirements governing the making of the designation at the time and place where it is made, 2. The full legal name, principal place of business and mailing address of the manufacturer, 3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name, 4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer, 5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm or a United States corporation, and, 6. The full legal name and address of the designated agent. 7. In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature. A final question raised in your letter is whether Table III of Standard 106 applies to rubber hose only. The answer is yes. NHTSA issued a final rule on February 25, 1991 (56 FR 7589) that amended Standard 106 so that Table III expressly applies to rubber brake hoses only, and not hoses made from plastic tubing. A copy of the rule is enclosed. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Paul Jackson Rice Chief Counsel Enclosures"; |
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ID: aiam5554OpenMs. Barbara Bailey Administrative Assistant Camp Berachah Christian Retreat Center 19830 S.E. 328th Place Auburn, WA 98092-2212; Ms. Barbara Bailey Administrative Assistant Camp Berachah Christian Retreat Center 19830 S.E. 328th Place Auburn WA 98092-2212; "Dear Ms. Bailey: This responds to your letter and telephone call t Walter Myers of this office asking two questions about new 15-passenger vans that Camp Berachah leased from a dealer. I apologize for the delay in this response. You first asked whether we require the leased vans to comply with our Federal motor vehicle safety standards (FMVSS) for school buses. You also asked whether we require the vans to comply with those FMVSSs if Camp Berachah loaned or subleased them to a school. Subject to a few considerations, the answer to both questions is no. Some background information on our school bus regulations would be helpful. Our regulations require any person selling or leasing a new vehicle to sell or lease a vehicle that meets all FMVSSs applicable to that vehicle. Accordingly, persons selling or leasing a new school bus must sell or lease a vehicle that meets the FMVSSs applicable to school buses. Under 49 U.S.C. 30101, et seq. (referred to as Safety Act), a school bus is any vehicle that carries 11 or more persons and which is likely to be significantly used to transport students to or from school or related events. Thus, persons selling or leasing a new vehicle that carries 11 or more persons and which is likely to be significantly used to carry students is selling or leasing a new school bus. That means that the new vehicle must meet the school bus FMVSSs. The FMVSSs apply only to new vehicles prior to sale to the first retail purchaser. The onus of complying with the school bus regulations is mainly on the seller or dealer to ensure that each new school bus it sells or leases has been certified to the school bus FMVSSs. The purchaser, on the other hand, is not subject to such constraints. Under our school bus regulations, the purchaser is free to use any vehicle to transport school children. That is because this agency does not regulate the use of vehicles once they have been sold at retail. Turning to your questions, we answer no to your first question based on the following. It was unclear from your letter whether Camp Berachah is connected with a school. In directing NHTSA to issue its school bus regulations, Congress considered buses used to transport children to camps connected with schools to be subject to the school bus FMVSSs. However, you clarified the nature of Camp Berachah in your conversation with Mr. Myers. You said that Camp Berachah is independent from any school and is not in any way affiliated with a school. Based on that information, Camp Berachah does not appear to be a school. Thus, our school bus regulations do not require the leasing of complying school buses for Camp Berachah purposes. In your second question, you asked whether the new leased vans had to comply with the school bus FMVSSs if Camp Berachah lent, rented or subleased them to a school. The answer depends on whether the vans are significantly used for pupil transportation, and if so, whether the dealer knew or should have known of such use. New vans that are likely to be significantly used to transport school children would be school buses, and the dealer leasing the new van is required to lease certified school buses. Use of the vans on a one-time or occasional basis would not constitute significant use as a school bus. However, if Camp Berachah were to sublease the vans to a school for long-term use, we believe the use of those vans for school transportation would be significant within the meaning of the Safety Act. Accordingly, the leasing company could not lease a new van for this purpose. You should also note that the states have the authority to regulate the use of vehicles by motorists. Thus, although NHTSA does not require the sale or use of complying school buses in the situations you described, Washington does have such authority. You may wish to contact the state director of pupil transportation to learn more about any state requirements applicable to vehicles used as school buses. In closing, we would like to note that school buses are one of the safest forms of transportation in this country. We therefore strongly recommend that all 15-passenger vans that are used to transport school children be certified as meeting the school bus safety standards. I hope this information is helpful. Should you have any further questions or need additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam1807OpenMr. Thomas S. Pieratt, Jr., Executive Director, Truck Equipment & Body Distributors Association, 602 Main Street, Cincinnati, OH 45202; Mr. Thomas S. Pieratt Jr. Executive Director Truck Equipment & Body Distributors Association 602 Main Street Cincinnati OH 45202; Dear Mr. Pieratt: This responds to the Truck Equipment and Body Distributors Associatio February 6, 1975, petition to amend Standard No. 121, *Air brake systems*, by exempting completed vehicles permanently from S5.3.1 of the standard (stopping distance) and until March 1, 1976, from S5.3.3 and S5.3.4 (actuation and release), if they have been 'certified' to these requirements as incomplete vehicles. You base this request on the commercial desirability of modifying the standard brake system on incomplete vehicles to accommodate additional axles, modification of the wheelbase, or installation of accessories. You conclude that testing of each modified vehicle would be involved in certification to the standard, and that such a burden is unreasonable.; We do not believe that a delay in the application of S5.3.1, S5.3.3 and S5.3.4 of Standard No. 121 to multi-stage vehicles would be advisable. As you know, the agency did consider postponing the standard in December, and decided against it based partly on information indicating that such a last-minute delay would be disruptive and wasteful. The conclusion would be even more valid today. Since the standard applies only to completed vehicles, it could not be suspended for completed vehicles as you suggest with the chassis still required to comply. Even if this were possible, it might cause anomalous and even hazardous results, since the final-stage manufacturers could disregard any design cautions of the chassis manufacturers, and could remove or disable portions of the chassis brake systems. Furthermore, even a complete delay in the standard with respect to the classes of vehicles with which you are concerned would probably not accomplish your purpose, since the chassis manufacturers could not be expected to produce chassis conforming to the standard with accompanying documentation, during the period of delay.; With regard to testing, your assumption that each vehicle must b road-tested following modification of the braking system may not be correct. For example, your members could establish categories of models which share a common brake system modification, and certify them all on the basis of tests on the most adverse configuration in the category. Alternatively, joint testing might be undertaken with a major supplier of brake and axle components. In the case of standard models, your members might be able to rely on the supplier's warranty of his products' capacities.; Neither of these methods would require road testing of each vehicl manufactured, nor would every model have to be road tested. A manufacturer must simply satisfy himself in the exercise of due care that the vehicle is capable of meeting the stopping performance requirements if it were tested by the NHTSA. What constitutes due care in a particular case depends on all relevant facts, including such things as the time to elapse before a new effective date, the availability of test equipment to small manufacturers, the limitations of current technology, and above all the diligence evidenced by the manufacturer.; Accordingly, your petition for delay of Standard No. 121 is denied. Yo and your members may be assured that, within the limits of the law, this agency will be understanding in its approach to problems experienced by intermediate and final-stage manufacturers as they bring their vehicles into conformity with the new standard.; Sincerely, James B. Gregory, Administrator |
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ID: aiam5154OpenMr. Steve Thomas General Manager Texas Bragg Enterprises Route 6, Box 875 Mt. Pleasant, TX 75455; Mr. Steve Thomas General Manager Texas Bragg Enterprises Route 6 Box 875 Mt. Pleasant TX 75455; "Dear Mr. Thomas: This responds to your letter of March 16, 1993 addressed to Walter Myers of this office. You stated in your letter that several of your dealers want to buy trailers from you without tires and wheels. You expressed doubt that those dealers have that many customers desiring to mount their own tires and wheels, and asked whether you can legally sell trailers to your dealers without tires and wheels and if so, whether you need them to sign a waiver or form to that effect. Federal Motor Vehicle Safety Standard No. 120. Tire selection and rims for motor vehicles other than passenger cars (copy enclosed), provides that each vehicle equipped with pneumatic tires for highway use must be equipped with tires that, in the case of trailers, meet the requirements of Standard No. 119, New pneumatic tires for vehicles other than passenger cars (copy enclosed). Rims mounted on new trailers must meet the requirements of S5.2 of Standard 120. There is, however, no specific requirement in Standard 120 that vehicles be equipped with tires and wheels. In fact, this agency's definition of a 'completed vehicle' envisions the situation where a vehicle is sold without tires and wheels. That definition is set forth at 49 CFR Part 568.3, which defines a 'completed vehicle' as 'a vehicle that requires no further manufacturing operations to perform its intended function, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting' (emphasis added). The trailer dealers to whom you ship your trailers are required by the National Traffic and Motor Vehicle Safety Act, 15 U.S. Code 1381 - 1431 (Safety Act) to sell vehicles that comply with all applicable Federal motor vehicle safety standards, including Standard 120. Therefore, if they sell the trailers with tires and wheels installed, those tires and wheels must meet the requirements for tires and wheels set forth in Standard 120. In the event a new trailer sold by one of your dealers has tires and wheels that do not meet the applicable requirements of Standard 120, from a compliance standpoint it would be important to determine who equipped that vehicle with the noncomplying tires and wheels. Therefore, although not required by this agency, you might consider obtaining written statements or acknowledgements from the dealers concerned that you provided the trailers without tires and wheels, and retain those documents for your records. You might also consider consulting your attorney regarding any potential liability on your part for the actions of your dealers. Finally, we recommend that you inform any dealer whom you know to be considering installing noncomplying tires and wheels on your trailers to contact this agency for information about their responsibility under the Safety Act to sell trailers that meet the requirements of Standard 120. I hope this information will clarify this matter for you. If you have any further questions or need further clarification, please feel free to contact Mr. Myers at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures"; |
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ID: aiam0115OpenMr. J. M. Wright, Assistant Sales Manager, Blaw-Knox Company, Mattoon, IL 61938; Mr. J. M. Wright Assistant Sales Manager Blaw-Knox Company Mattoon IL 61938; Dear Mr. Wright: Thank you for your letter of July 11, 1968, in which you provide certification information.; With reference to the Service Bulletin dated '4-10-68' in the secon paragraph you state that mixer units mounted at the factory will display a 'Certification of Compliance' plate. Blaw-Knox, when it is the party mounting a mixer to a chassis-cab, must insure compliance with Federal Standard No. 108 in effect on the date of manufacture of the chassis-cab, but it is required to furnish certification only when the completed vehicle is being shipped to a dealer or distributor for sale to the ultimate purchaser. No certification is required when such a purchaser brings a chassis- cab to the factory for mixer installation. With reference to the third paragraph, it is not necessary for you to supply a certification plate for mixer equipment which is shipped from the factory for mounting elsewhere. Compliance with Federal Standard No. 108 is the responsibility of the party who mounts the mixer to the chassis-cab.; Since the chassis-cab manufacturer will have provided serial numbe information sufficient to determine the requirements of Standard No. 108 in effect on the date of manufacture of the chassis-cab, it is not necessary to include the mixer serial number on the certification plate. We would suggest that you may comply with the certification requirements of Section 114 of the Act when you deliver the completed vehicle to a dealer or distributor for sale to the ultimate purchaser by wording your certification as follows:; >>>'Blaw-Knox Company certifies to the distributor or dealer that i has mounted the mixer unit to the chassis and that the completed vehicle conforms with Federal Motor Vehicle Safety Standard No. 108.'<<<; A notice of proposed rule making which will result in more specifi requirements with reference to certification will be published in the Federal Register in the near future. A copy of the notice will be sent Blaw-Knox.; Sincerely, Francis Armstrong, Director, Office of Performance Analysis Motor Vehicle Safety Performance Service; |
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.