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: aiam4625OpenMr. George A. Van Straten President Van Straten Heated Tail Light Co. Inc. Route l, Box 224 Baraga, MI 49908; Mr. George A. Van Straten President Van Straten Heated Tail Light Co. Inc. Route l Box 224 Baraga MI 49908; Dear Mr. Van Straten: This is in reply to your letter of July 12, l989 to this Office, requesting a copy of any agency correspondence with Thomas Gravengood, as well as an interpretation of Federal requirements as they apply to heated motor vehicle lamps produced by your company. Your company manufactures 'heated lights' which are intended to melt snow that accumulates on them in the winter months. In Mr. Gravengood's letter of April 3, l989, to us he stated: 'All lights, lenses, and materials to assemble the heated safety lights have already been certified and passed the Motor Vehicle Safety Standard No. 108. We have been advised by the National Highway Traffic Safety Administration that there is no motor vehicle safety standard no. for heated lights. In order for us to do business at the O.E.M. level we require a letter of approval from you to us that we may pass on to our customers so they may start ordering and we may start producing.' We have no authority to 'approve' or 'disapprove' items of motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, an equipment manufacturer 'approves' each of its own products that are subject to a Federal motor vehicle safety standard by certifying that it meets all applicable Federal motor vehicle safety standards, or (if it is a vehicle manufacturer), that the vehicle on which the lamp is installed, complies with the standards. However, we can advise you of the relationship of your product to Standard No. 108. This should prove helpful in dealings at the O.E.M. level. There are two types of O.E.M. lighting equipment: lamps that are required by Standard No. 108, and supplementary lamps that do not come under its coverage. Although your product literature indicates that the highmounted heated taillamp supplements the original equipment lamp, it is not clear whether the heated signal lamp serves as the required signal lamp or is a supplement to the original equipment. Accordingly, this letter discusses how Standard No. 108 treats both original required and original supplemental lighting equipment. If you are the manufacturer of original lighting equipment required by Standard No. 108, but not the manufacturer of the vehicle on which it is installed, the vehicle manufacturer, and not you, has the legal responsibility under the Act and Standard No. 108 of ensuring that the equipment complies with the standard, and of certifying that the vehicle meets all applicable Federal motor vehicle safety standards. As a practical matter, however, vehicle manufacturers generally insist that equipment manufacturers provide assurance that their products meet Federal standards, but the 'certification' they may insist upon is not required by the Act. You are correct that there is no standard that applies to heated lamps as such. The Federal standard that applies is the one imposed by Standard No. 108 for the particular equipment item (taillamps or signal lamps in this instance). If you are manufacturing a lamp as an original equipment supplement to required original lighting equipment, the burden remains on the vehicle manufacturer who installs it. The only restriction on a supplementary lamp that Standard No. 108 imposes is that it not impair the effectiveness of the required lighting equipment (paragraph S5.1.3, formerly paragraph S4.1.3). Your lamps 'splice into' the wiring for the taillamps and 'marker lamps', according to your product literature. Therefore, it is incumbent upon the vehicle manufacturer to ensure that this installation does not negatively affect the performance of the required taillamps and signal lamps, or otherwise impair its effectiveness. If the vehicle manufacturer determines that no impairment exists, then it may certify that its vehicles comply with all applicable Federal motor vehicle safety standards. Observing that the product literature depicts the heated taillamp installed in the upper corners of a school bus body, we must also call attention to an additional provision of Standard No. 108. The location depicted is one that is frequently used for the clearance lamps required by Standard No. 108. Paragraph S5.4 of Standard No. 108 (formerly S4.4) forbids the optical combination of clearance lamps and taillamps. Thus, your lamp cannot optically combine these two functions if it is to be used as new vehicle equipment. Other enclosures to your letter indicate that at present the heated lamp is being installed on buses in use, that is to say, as non-original equipment. The requirements imposed by Standard No. 108 and the Act for aftermarket manufacturers of lighting equipment differ from those for original equipment. If the lamp you produce is intended to replace an original equipment certified lamp, it is considered replacement equipment. As a manufacturer of a replacement taillamp or signal lamp, the legal obligation to produce a complying equipment item falls squarely upon you, as does the certification responsibility. If the lamp is intended only to replace a supplemental lamp, you are not required to certify. However, there may be instances in which your lamp is interchangeable with original certified equipment, and even though you may not intend it as replaceable lighting equipment, you may encounter questions from state and federal authorities if it is not manufactured and certified in accordance with Standard No. 108. Finally, you should be aware of your responsibilities under the Act in the event that your products do not comply with Standard No. 108, or incorporate a safety related defect (an example would be the inability of the lens to withstand the heat produced during the lamp's operation without warping or cracking). If you or this agency determine that a noncompliance or safety related defect occurs in any item of replacement equipment that you manufacture, you have the obligation to notify purchasers, and to remedy the problem through repair, repurchase, or replacement of the item. With respect to original equipment, this obligation falls upon the manufacturer of the vehicle on which it is installed. If you have any further questions we shall be happy to answer them. As you requested, we are enclosing a copy of Mr. Gravengood's letter of April 3. Sincerely, Stephen P. Wood Acting Chief Counsel; |
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ID: aiam5336OpenMr. Eldon J. McLauchlin President Valley Automotive Specialties, Inc. 5805 East Sharp, Suite A-2 Spokane, Washington 99212; Mr. Eldon J. McLauchlin President Valley Automotive Specialties Inc. 5805 East Sharp Suite A-2 Spokane Washington 99212; "Dear Mr. McLauchlin: This responds to your January 25, 1994, lette asking about how this agency's regulations might apply to your product, the Automated Fire Extinguisher System (AFES). You state that your product's purpose is to allow the operators and occupants of a vehicle to exit safely in the event of a fire. Apparently, the AFES sensors will detect smoke and heat and respond by automatically opening some sort of control valve, whereupon a manifold assembly with 'strategically placed directional nozzles' will flood the passenger compartment with some sort of fire extinguisher/retardant. You do not state what kind of fire extinguisher/retardant is used. You explain that the automatic nature of this system will provide time to extract even an unconscious or incapacitated operator or occupant. Apparently, the AFES has wide applicability. You explain that the AFES proto- type can be installed in a car, truck, boat, RV, or bus or other vehicle running on a 12 volt battery. Apparently you will modify the AFES so that it will run off the 110 volt current in homes and commercial buildings. I am pleased to have this opportunity to explain our regulations. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. Section 102(4) of the National Traffic and Motor Vehicle Safety Act (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 ... (emphasis added). 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 a product's 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 the AFES, it appears that this product would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of the product, it appears that a substantial portion of the expected use of the AFES system relates to motor vehicle operation. The system is intended to protect anyone occupying a vehicle when a fire occurs. Also, it appears that the product would typically be used by ordinary users of motor vehicles. While it appears that the AFES system is an item of motor vehicle equipment, NHTSA has not issued any standards for such a device. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the product's manufacturer 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 the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. We have some concerns about the safety impacts if the AFES were to activate while the vehicle is moving. Is it possible, for example, that a driver smoking in the car on a hot day could accidentally set off the sensors, or that they could malfunction spontaneously? Although we do not know what will be coming through the nozzles (fluid, foam, and inert gases are common fire extinguishing agents), we are concerned that AFES activation could cause the driver to lose control in what is otherwise a controllable situation. We urge you to thoroughly consider these and other factors that could affect the safety of motor vehicle operation. If the AFES were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with the AFES installed complies with all FMVSS's. Among the FMVSS's that might be affected by certain AFES installations are Standard No. 201, 'Occupant Protection in Interior Impact,' and Standard No. 208, 'Occupant Crash Protection.' A commercial business that installs the AFES system would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) 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 ... in compliance with an applicable Federal motor vehicle safety standard. This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your device if the system renders inoperative the vehicle's compliance with the FMVSS's. For instance, compliance with Standard No. 208 might be degraded if it were necessary to mount the AFES manifold or directional nozzles in front of the driver or passenger. Any violation of this 'render inoperative' prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation. Please note also that the render inoperative prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install the AFES in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted. I hope this information is helpful. I am also enclosing a copy of a fact sheet titled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.' If you have any further questions about NHTSA's safety standards, please feel free to contact us at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam4560OpenMr. Jack McCroskey Ms. Glenda Swanson Lyle Regional Transportation District 1600 Blake Street Denver, CO 80202-1399; Mr. Jack McCroskey Ms. Glenda Swanson Lyle Regional Transportation District 1600 Blake Street Denver CO 80202-1399; "Dear Mr. McCroskey and Ms. Lyle: This responds to your letter o September 13, 1988, asking for our advice on potential safety hazards and legal liabilities that might result from ignoring the speed restrictions on the tires used on your transit buses. You stated that your entity operates three types of bus service in the State of Colorado. The first type is a local bus, operated primarily in areas where the speed limit is 35 miles per hour (mph), the second type is an express bus, operated primarily in areas where the speed limit is 55 mph, and the third type is a regional bus, operated primarily on freeways with speed limits of 55 to 65 mph. You were interested primarily in the tires used on your express buses. You stated that you use two types of speed-restricted tires 'almost interchangeably' on the express buses. One of your speed-restricted tire types is the XT, which is speed-restricted to a maximum speed of 55 mph. The other is the DXT, which is speed-restricted to a maximum speed of 35 mph. Since the express buses are operated primarily at speeds of 55 mph, you contacted the tire manufacturer to get its advice on the acceptability of using tires that are speed-restricted to 35 mph on these buses. You enclosed copies of correspondence you received from the manufacturer, stating that its DXT and XT tires are identical, except that the DXT tire has 7/32 of an inch more undertread. The manufacturer's advice was that the tire that is speed-restricted to a maximum of 35 mph 'may be used at higher speeds, but not for sustained operation.' You asked whether it is advisable for your entity to continue using the tires that are speed-restricted to 35 mph on your express buses, which operate primarily at 55 mph. We strongly recommend that you not do so. There are some notable advantages associated with speed-restricted tires, including enhanced load-carrying capabilities and greater resistance to tire damage from hitting objects in the road or curbs. However, the greater undertread on speed-restricted tires also means that the tires will generate higher temperatures at high speeds than a comparable non-restricted tire. Higher temperatures inside the tire increase the chances of a tire failure at high speeds. NHTSA carefully considered both the advantages of speed-restricted tires and the need to ensure that such tires are properly used when it was developing Standard No. 119, New Pneumatic Tires for Motor Vehicles Other Than Passenger Cars (49 CFR 571.119, copy enclosed). Every new bus tire must be certified by its manufacturer as complying with this standard. This agency decided that Standard No. 119 should permit the continued production of speed-restricted tires, but with appropriate safeguards to ensure that these tires would not be used at higher speeds. Accordingly, Standard No. 119 specifies less stringent high speed and endurance test requirements for speed-restricted tires. Speed-restricted tires for use on vehicles other than motorcycles are exempted from the high speed performance requirements of S6.3 of Standard No. 119. This exemption reflects the fact that the tires are not designed for high speed use. For the same reason, the endurance test schedule for speed-restricted tires consists of a lower test speed and fewer total revolutions of the test wheel, as shown in Table III of Standard No. 119. Hence, the manufacturer of these speed-restricted tires has not certified that these tires comply with the performance requirements of Standard No. 119 under conditions exceeding the speed-restriction marked on the tires. To ensure that the user of speed-restricted tires would not operate the tires at higher speeds than those at which the tires are designed to operate safely, section S6.5(e) of Standard No. 119 requires every speed-restricted tire to have the marking 'Max speed mph' on the sidewall. This marking is intended to alert the tire user of the limitations of this tire, so that it will not be repeatedly used at higher speeds. Since your express buses operate primarily at speeds of 55 mph, we urge you not to equip those buses with tires labeled 'Max speed 35 mph.' Similarly, since your express and regional buses typically operate at speeds exceeding 55 mph on their routes, we recommend only tires without speed restrictions for these buses. With respect to your question about potential legal liabilities in the event one of these speed-restricted tires fails while in service on one of your express buses, that is a question of State law. Since I am not familiar with the Colorado law on this subject, I must decline to offer an opinion. However, the Attorney General for the State of Colorado or other local counsel would be able to accurately advise you on Colorado's law in this area. Sincerely, Erika Z. Jones Chief Counsel Enclosure"; |
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ID: aiam3794OpenMr. Frank Pepe, Assistant Vice President, Engineering Services Division, United States Testing Company, Inc., 1415 Park Avenue, Hoboken, NJ 07030; Mr. Frank Pepe Assistant Vice President Engineering Services Division United States Testing Company Inc. 1415 Park Avenue Hoboken NJ 07030; Dear Mr. Pepe: This responds to your letter concerning Safety Standard No. 209, *Sea Belt Assemblies*. You asked several questions about the requirements applicable to a Type 2 Vehicle Sensitive Emergency Locking Retractor utilizing a tension reducer device. The particular device you are concerned about is, according to your letter, activated by the vehicle door. With the door open the mechanism operates in a high tension mode, with the door closed the mechanism is in a low tension mode.; By way of background information, this agency does not grant approval of vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act it is the responsibility of the manufacturer to certify that its vehicles or equipment comply with applicable requirements. The following represents our opinion based on the facts provided in your letter.; Safety Standard No. 209 specifies requirements concerning minimum an maximum retraction force. Requirements are specified for both initial retraction force and retraction force after a test sequence which includes lengthy retractor cycling. See sections S4.3(j), (k) and S5.2(k).; As you know, retractors have traditionally had only one rather than tw tension modes. Standard No. 209 does not prohibit a design with two tension modes. However, as written, the standard's requirements do not distinguish between tension modes.; We agree with your suggestion that both tension modes should be teste for retraction force effort as specified in the standard. However, we do not agree with your suggestion that the high tension mode should only be tested for minimum retraction force and low tension mode for maximum retraction force. Instead, because Standard No. 209 does not distinguish between tension modes, we interpret the standard to require that all of its requirements must be met in both tension modes. For example, under section S4.3(j)(6), both tension modes must exert a retractive force within the 0.2 to 1.5 pound range. For testing purposes, of course, a single retractor could only be fully tested for one of the two modes, since testing for both modes would involve twice the amount of cycling required by the standard.; Your letter states that since the high tension mode is used only fo stowing the webbing and not in operation during normal use, you believe that only cycling tests without lock-ups should be performed in testing. While we appreciate this argument, the standard, as written, does not permit that exception. Section S5.2(k) states in relevant part:; >>>...An emergency-locking retractor or a nonlocking retractor attache to upper torso restraint shall be subjected to 45,000 additional cycles of webbing withdrawal and retraction between 50 and 100 percent extension. The locking mechanism of an emergency locking retractor shall be actuated at least 10,000 times within 50 to 100 percent extension of webbing during the 50,000 cycles....<<<; Since the standard does not distinguish between tension modes, lock-up should be performed in testing for both the low and high tension modes.; As already noted, the retractor in question represents a new desig which was not specifically considered in drafting Standard No. 209. If the standard as written creates problems, the manufacturer may wish to consider submitting a petition for rulemaking to amend the standard to establish special test procedures.; Your letter suggests that there may be a conflict between sectio S7.4.2 of Standard No. 208, *Occupant Crash Protection*, and Standard No. 209's 0.2 pound retraction force requirement (section S4.3(j)). However, section S7.4.2 of Standard No. 208 only applies to automatic belt systems, while section S5.3(j) of Standard No. 209 only applies to active belt systems. Therefore, there can be no conflict.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3795OpenMr. Frank Pepe, Assistant Vice President, Engineering Services Division, United States Testing Company, Inc., 1415 Park Avenue, Hoboken, NJ 07030; Mr. Frank Pepe Assistant Vice President Engineering Services Division United States Testing Company Inc. 1415 Park Avenue Hoboken NJ 07030; Dear Mr. Pepe: This responds to your letter concerning Safety Standard No. 209, *Sea Belt Assemblies*. You asked several questions about the requirements applicable to a Type 2 Vehicle Sensitive Emergency Locking Retractor utilizing a tension reducer device. The particular device you are concerned about is, according to your letter, activated by the vehicle door. With the door open the mechanism operates in a high tension mode, with the door closed the mechanism is in a low tension mode.; By way of background information, this agency does not grant approval of vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act it is the responsibility of the manufacturer to certify that its vehicles or equipment comply with applicable requirements. The following represents our opinion based on the facts provided in your letter.; Safety Standard No. 209 specifies requirements concerning minimum an maximum retraction force. Requirements are specified for both initial retraction force and retraction force after a test sequence which includes lengthy retractor cycling. See sections S4.3(j), (k) and S5.2(k).; As you know, retractors have traditionally had only one rather than tw tension modes. Standard No. 209 does not prohibit a design with two tension modes. However, as written, the standard's requirements do not distinguish between tension modes.; We agree with your suggestion that both tension modes should be teste for retraction force effort as specified in the standard. However, we do not agree with your suggestion that the high tension mode should only be tested for minimum retraction force and the low tension mode for maximum retraction force. Instead, because Standard No. 209 does not distinguish between tension modes, we interpret the standard to require that all of its requirements must be met in both tension modes. For example, under section S4.3(j)(6), both tension modes must exert a retractive force within the 0.2 to 1.5 pound range. For testing purposes, of course, a single retractor could only be fully tested for one of the two modes, since testing for both modes would involve twice the amount of cycling required by the standard.; Your letter states that since the high tension mode is used only fo stowing the webbing and is not in operation during normal use, you believe that only cycling tests without lock-ups should be performed in testing. While we appreciate this argument, the standard, as written, does not permit that exception. Section S5.2(k) states in relevant part:; >>>...An emergency-locking retractor or a nonlocking retractor attache to upper torso restraint shall be subjected to 45,000 additional cycles of webbing withdrawal and retraction between 50 and 100 percent extension. The locking mechanism of an emergency locking retractor shall be actuated at least 10,000 times within 50 to 100 percent extension of webbing during the 50,000 cycles....<<<; Since the standard does not distinguish between tension modes, lock-up should be performed in testing for both the low and high tension modes.; As already noted, the retractor in question represents a new desig which was not specifically considered in drafting Standard No. 209. If the standard as written creates problems, the manufacturer may wish to consider submitting a petition for rulemaking to amend the standard to establish special test procedures.; Your letter suggests that there may be a conflict between sectio S7.4.2 of Standard No. 208, *Occupant Crash Protection*, and Standard No. 209's 0.2 pound retraction force requirement (section S4.3(j)). However, section S7.4.2 of Standard No. 208 only applies to automatic belt systems, while section S5.3(j) of Standard No. 209 only applies to active belt systems. Therefore, there can be no conflict.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4912OpenMr. Ronald Van Campenhout US Liaison Officer ABC Coach/Van Hool 17469 West Highway 50 Winter Garden, FL 34787; Mr. Ronald Van Campenhout US Liaison Officer ABC Coach/Van Hool 17469 West Highway 50 Winter Garden FL 34787; Dear Mr. Van Campenhout: This responds to your letter of August 29 1991, asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it applies to a situation you recently encountered in Florida. You state that 'one of our client's coaches was stopped by a DOT-inspector . . . and a compliance-audit with FMVSS-standards was performed.' According to the DOT inspector, 'the third, centrally mounted, rear stoplight needs to be illuminated, not only when the brake pedal gets activated, but also whenever the coach is parked with the engine running at high idle speed . . . .' It is your interpretation that the center light 'should only come on when pressure is applied to the brake pedal.' Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, is the Federal motor vehicle safety standard (FMVSS) that applies to the center highmounted stop lamp. Standard No. 108 does not require that the center highmounted stop lamp be activated when a vehicle is parked with the engine running at idle. In fact, S5.5.4 of Standard No. 108 specifies that the center lamp shall be activated only upon application of the service brakes. Thus, your interpretation is the correct one. There are other anomalies reported in your letter that I would like to address. First, Standard No. 108 does not require buses manufactured before September 1, l993, to be equipped with a center highmounted stop lamp (and, after that date, only buses with a GVWR less than l0,000 pounds and less than 80 inches in overall width must be so equipped). Apparently, the inspector was not informed that the requirement for certain buses to be equipped with center highmounted stop lamps does not take effect for nearly two more years. Second, this agency has no inspectors performing compliance audits of vehicles in service. We surmise that your coach may have been inspected by either the Florida State DOT, or the U.S. DOT's Federal Highway Administration (FHWA) for compliance with the Motor Carrier Safety Regulations. The FHWA, which concurs in this letter, does not require in its Motor Carrier Safety Regulations or elsewhere that stop lamps on a bus be illuminated when the service brakes are not being applied, even if the vehicle is idling. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam5449OpenAlbert W. Unrath, Sr., President Albert W. Unrath, Inc. P.O. Box 631 Colmar, PA 18915 Dear Mr. Unrath:; Albert W. Unrath Sr. President Albert W. Unrath Inc. P.O. Box 631 Colmar PA 18915 Dear Mr. Unrath:; "This responds to your request for an interpretation of how NHTSA' regulations apply to your company's plans to refurbish used vehicles. In a telephone conversation with Dorothy Nakama of my staff, you explained that after refurbishing, the vehicles will have lower gross vehicle weight ratings (GVWRs). You wish to know whether you could add a label showing the lower GVWR to the vehicles' original certification label (which you refer to as the 'original Vin Plate'). As explained below, NHTSA does not require the supplementary label on a refurbished--and not newly manufactured--used vehicle. We would, however, encourage you to add the label on the refurbished vehicles, since the label would provide important safety information to the vehicle operator. On the other hand, the modifications you make to the vehicle could be so extensive that the resulting vehicle is considered 'new' under our regulations. If the vehicle is a new vehicle, you must certify the vehicle as complying with all applicable Federal motor vehicle safety standards (FMVSS's), and include on your certification label the new GVWR of the vehicle. Based on the information you provided, the vehicles you are refurbishing are 'trucks' under section 571.3 of our regulations. Section 571.3 defines a 'truck' as a motor vehicle with motive power 'designed primarily for the transportation of property or special purpose equipment.' You provided two photographs of the vehicles after they have been refurbished. Your photographs show the refurbished vehicles as carrying 4' x 8' 'Advanced Warning Flashing Arrow' signs on flat beds. Since your vehicles are designed for transporting property or special purpose equipment, the vehicles are 'trucks' under 571.3. You describe your refurbishing process in your letter. You state that you will take a used truck with a GVWR of 45,000 or 80,000 pounds (lbs.), 'scrap' the body, and check remaining truck parts such as the subframe, brakes, steering system, axles, and suspension. You will repair and replace those parts, as needed. Next, you will clean and paint the frame and running gear, and add a new support frame and 'attenuator mounting hardware with braces.' After the vehicle is refurbished, its GVWR will be approximately 25,500 lbs. As a general rule, NHTSA has no requirements for 'used' vehicles. Whether a vehicle is considered new or used depends on the origin of its parts. For example, we regard an assemblage of a new body on a chassis of a vehicle that was previously registered for use on the public roads to be a 'used' vehicle and therefore not subject to the FMVSS's. When a modified chassis is being used in the refurbishment, NHTSA has a regulation (49 CFR section 571.7(e)) for determining when the modifications to the used chassis are so extensive that the resulting vehicle will be considered new for the purposes of the FMVSS's. Section 571.7(e) states: When a new cab is used in the assembly of a truck, the truck will be considered newly manufactured . . ., unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components were taken from the same vehicle. It does not appear that you plan to add a new engine, transmission, or drive axle to each refurbished truck. If you leave the requisite components specified in section 571.7(e) in place from the previous vehicle, we would consider the vehicle you produce to be a used vehicle. However, please keep in mind that you would be subject to the provisions of 49 U.S.C. section 30122(b), which provides that: A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard . . . This means that the refurbished truck must continue to meet the FMVSS's that it met before the modification, such as those for braking, lighting and safety belt systems. Any violation of this 'make inoperative' prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation. You ask whether, after refurbishing the used truck, your company may affix additional labels with a new GVWR to reflect the lower GVWR. Since NHTSA generally does not regulate used vehicles, we do not require or prohibit the addition of a supplementary GVWR label. However, we would encourage you to add the supplementary GVWR label to the vehicle. As you note, in an interpretation letter of May 24, 1993 to the American Association of Blood Banks (AABB), NHTSA recognized that certain modifications that might be made to a used vehicle (e.g., adding or deleting an axle) could make the originally assigned GVWR inappropriate for the vehicle as modified. In the letter to the AABA, NHTSA stated that although it is not required by our regulations, we believe it would be appropriate in these situations to add a label to the vehicle which indicates the appropriate loaded weight of the modified vehicle. Similarly, in your case, since the GVWR of the refurbished trucks would be much lower than that indicated on the certification label, we believe it would be appropriate for your company to add a label to the trucks which indicates the appropriate loaded weight of the refurbished truck. As noted at the beginning of this letter, it is possible that your modifications could result in a 'new' vehicle. You indicate that, if needed, you could replace the vehicle's subframe, brakes, steering system, axles, suspension, and/or support frame. If you were to remove all the drive components from the frame of the original vehicle and add new drive components or rebuilt drive components from different vehicles, the vehicle would be a new vehicle and would have to be certified by you as complying with all applicable FMVSS's in effect on the date of the remanufacture of the new vehicle. You also asked that NHTSA 'approve' your proposed operations. NHTSA has no authority to 'approve' refurbishing operations. Under our regulations, manufacturers of new vehicles 'self-certify' that their vehicles comply with all applicable FMVSS's. Likewise, businesses refurbishing used vehicles must assure themselves that the resulting vehicle continues to meet the FMVSS's that it met before the modification. NHTSA can examine the refurbisher's determination in the context of an enforcement proceeding. I hope this information is helpful. If you have any other questions, please contact Dorothy Nakama at this address or by telephone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel"; |
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ID: aiam5286OpenMr. C.N. Littler Coordinator-Regulatory Affairs MCI/TMC Engineering Centre 1558 Willson Place Winnepeg, Manitoba R3T 0Y4; Mr. C.N. Littler Coordinator-Regulatory Affairs MCI/TMC Engineering Centre 1558 Willson Place Winnepeg Manitoba R3T 0Y4; "Dear Mr. Littler: This responds to your FAX and phone call of July 30 1993 to Mary Versailles of my office. Your FAX enclosed information on a vehicle, the AMF Invader, which is built on a remanufactured MCI chassis, and advertised and sold as a new vehicle. You do not believe that such a vehicle should be considered a new vehicle. As Ms. Versailles explained on the phone, we can explain whether such a vehicle would be considered a new vehicle for purposes of laws and regulations administered by this agency, and the implications of such a determination. I suggest you also contact the Federal Trade Commission concerning whether it is appropriate to advertise this vehicle as new. To determine whether this vehicle can be titled and registered as new, you would have to contact the various states concerning their laws. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act) to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor does it endorse any commercial products. 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. After a vehicle's first retail sale, a provision affecting its modification is section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)) which provides: 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 ... in compliance with an applicable Federal motor vehicle safety standard. It is possible that modifications on an existing vehicle may be so substantial that the resulting vehicle would be a new vehicle for purposes of compliance with the safety standards. In this case, the new vehicle would be required to be certified by its manufacturer as complying with all applicable safety standards in effect on its date of manufacture, just like every other new vehicle. This date would be the date such modifications were completed. The agency has stated that a bus built with a new body is not considered a 'new' vehicle if, at a minimum, the engine, transmission, and drive axle(s) are not new and at least two of these three listed components are taken from the same used vehicle (see, for example, August 11, 1987 letter to Mr. Ernest Farmer). The agency has also stated that a bus constructed from an old body and a new chassis is a new vehicle (see, for example, July 17, 1981 letter to Mr. Larry Louderback). When neither the body nor the chassis are completely new, the agency looks to see if the vehicle has so deviated from the original components and attributes that it may be considered a new vehicle, and one for which compliance with the safety standards is legally required, or whether it has retained a sufficient number of components and characteristics to be considered a used vehicle (see, for example, April 22, 1991 letter to Mr. Kent Morris). You enclosed an article titled 'The New Invader' from the August 1993 issue of National Bus Trader magazine. The manufacturing process for the Invader is described beginning on page 14. Page 16 of this article states, 'the Invader is supplied with a new engine,' but the article does not contain enough information to determine whether the vehicle, which includes both new and old parts, would be considered new. If the Invader has a new body, NHTSA would considered the vehicle to be new if the chassis lacks the used components referenced in the Farmer letter. Any new vehicle must be certified as complying with all applicable safety standards in effect on the date of manufacture before the vehicle can be sold in the United States. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel cc: AMF 1830 LeBer Street, Montreal Quebec, Canada H3K 2A4"; |
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ID: aiam3564OpenMr. Edward H. Clapp, President, Transquip Industries, Inc., 1222 RepublicBank Oak Cliff, Dallas, TX 75208; Mr. Edward H. Clapp President Transquip Industries Inc. 1222 RepublicBank Oak Cliff Dallas TX 75208; Dear Mr. Clapp: This responds to your recent letter asking whether Federal regulation allow a brake hose to be used as a dual purpose hose for both the service brakes and the emergency brake.; Standard No. 121, *Air Brake Systems*, does not preclude the use o common components in parking, emergency, and service air brake systems. Accordingly, nothing would prevent you from using a common hose in those systems. However, the common component would have to comply with the requirements for each system. This means that a failure of the hose would always be treated as a failure in the parking, emergency and service brake systems. Applying this to the standard in section S5.2.1.1, it would be necessary for the parking brakes to be capable of being released with a failure of the common hose at any time. If your system cannot perform in this manner, which it appears it cannot, it could not comply with the safety standard.; Our engineering staff has reviewed your brake system very carefull over the past years. It appears that your system can be properly plumbed in a manner that it would seem to comply with the requirements. You have continued to seek slightly less expensive methods to plumb your system. In our opinion, these methods would not be capable of complying with the standard. We cannot see how your system can comply with the standard without traditional plumbing that is being used by many brake manufacturers today. Accordingly, we suggest that you concentrate your efforts on constructing your system in that manner.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3563OpenMr. Edward H. Clapp, President, Transquip Industries, Inc., 1222 RepublicBank Oak Cliff, Dallas, TX 75208; Mr. Edward H. Clapp President Transquip Industries Inc. 1222 RepublicBank Oak Cliff Dallas TX 75208; Dear Mr. Clapp:#This responds to your recent letter asking whethe Federal regulations allow a brake hose to be used as a dual purpose hose for both the service brakes and the emergency brake.#Standard No. 121, *Air Brake Systems*, does not preclude the use of common components in parking, emergency, and service air brake systems. Accordingly, nothing would prevent you from using a common hose in those systems. However, the common component would have to comply with the requirements for each system. This means that a failure of the hose would always be treated as a failure in the parking, emergency and service brake systems. Applying this to the standard in section S5.2.1.1, it would be necessary for the parking brakes to be capable of being released with a failure of the common hose at any time. If your system cannot perform in this manner, which it appears it cannot, it could not comply with the safety standard.#Our engineering staff has reviewed your brake system very carefully over the past years. It appears that your system can be properly plumbed in a manner that it would seem to comply with the requirements. You have continued to seek slightly less expensive methods to plumb your system. In our opinion, these methods would not be capable of complying with the standard. We cannot see how your system can comply with the standard without traditional plumbing that is being used by many brake manufacturers today. Accordingly, we suggest that you concentrate your efforts on constructing your system in that manner.#Sincerely, Frank Berndt, Chief Counsel; |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.