NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
| Interpretations | Date |
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ID: aiam4895OpenMr. Ken Hanna Lectric Limited, Inc. 7322 S. Archer Road Justice, Illinois 60458; Mr. Ken Hanna Lectric Limited Inc. 7322 S. Archer Road Justice Illinois 60458; Dear Mr. Hanna: This responds to your letter of July 8, 1991, t Richard Van Iderstine of this agency. You asked whether a proposed manufacturing and marketing scheme would be in violation of any NHTSA regulations. You intend to petition for rulemaking to amend Standard No. 108 to reinstate SAE Standard J579a as an optional standard for sealed beam headlamps. These lamps would be used on 'antique cars.' Until SAE J579a is reinstated, you would like to manufacture headlamps to conform to SAE J579c, the current specification for sealed beam headlamps that is incorporated into Standard No. 108. However, you do not wish to mark the lenses with the identification nomenclature that SAE J579c requires (presumably because it was lacking from the J579a headlamps with which the antique cars were originally equipped). You ask if you may market these lamps with identification on the package stating that they are 'for display purposes only and not approved for highway use.' Your letter clearly indicates that the purpose of manufacturing the sealed beam headlamps is for their installation on motor vehicles, albeit old ones, and not for 'display purposes only.' The headlamps are motor vehicle equipment, and must comply with all applicable Federal motor vehicle safety standards, in this instance, SAE J579c. Partial compliance with the requirements is not permissible, and the lenses of headlamps manufactured to conform with SAE J579c must be marked as that standard requires. Thus, your suggested manufacturing and marketing scheme would not conform to Standard No. 108, and, if pursued, it would be a violation of the National Traffic and Motor Vehicle Safety Act. The manufacture and sale of noncomplying motor vehicle equipment is a violation of the for which a civil penalty of up to $1,000 per violation may be imposed, up to a total of $800,000 for any related series of violations. In addition, as the manufacturer of the equipment, Lectric Limited must certify them as meeting all applicable Federal motor vehicle safety standards, and similar penalties may be imposed for certification that is false and misleading in a material respect. Finally, the manufacturer of nonconforming equipment is required to notify and remedy in accordance with the requirements of the Act. Because SAE J579a and 579c headlamps are identical in external appearance except for lens marking, we do not believe that authenticity of the appearance of older vehicles will be affected to any discernable degree by requiring that their lenses be marked as the contemporary standard requires. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam4896OpenMr. Ken Hanna Lectric Limited, Inc. 7322 S. Archer Road Justice, Illinois 60458; Mr. Ken Hanna Lectric Limited Inc. 7322 S. Archer Road Justice Illinois 60458; Dear Mr. Hanna: This responds to your letter of July 8, 1991, t Richard Van Iderstine of this agency. You asked whether a proposed manufacturing and marketing scheme would be in violation of any NHTSA regulations. You intend to petition for rulemaking to amend Standard No. 108 to reinstate SAE Standard J579a as an optional standard for sealed beam headlamps. These lamps would be used on 'antique cars.' Until SAE J579a is reinstated, you would like to manufacture headlamps to conform to SAE J579c, the current specification for sealed beam headlamps that is incorporated into Standard No. 108. However, you do not wish to mark the lenses with the identification nomenclature that SAE J579c requires (presumably because it was lacking from the J579a headlamps with which the antique cars were originally equipped). You ask if you may market these lamps with identification on the package stating that they are 'for display purposes only and not approved for highway use.' Your letter clearly indicates that the purpose of manufacturing the sealed beam headlamps is for their installation on motor vehicles, albeit old ones, and not for 'display purposes only.' The headlamps are motor vehicle equipment, and must comply with all applicable Federal motor vehicle safety standards, in this instance, SAE J579c. Partial compliance with the requirements is not permissible, and the lenses of headlamps manufactured to conform with SAE J579c must be marked as that standard requires. Thus, your suggested manufacturing and marketing scheme would not conform to Standard No. 108, and, if pursued, it would be a violation of the National Traffic and Motor Vehicle Safety Act. The manufacture and sale of noncomplying motor vehicle equipment is a violation of the for which a civil penalty of up to $1,000 per violation may be imposed, up to a total of $800,000 for any related series of violations. In addition, as the manufacturer of the equipment, Lectric Limited must certify them as meeting all applicable Federal motor vehicle safety standards, and similar penalties may be imposed for certification that is false and misleading in a material respect. Finally, the manufacturer of nonconforming equipment is required to notify and remedy in accordance with the requirements of the Act. Because SAE J579a and 579c headlamps are identical in external appearance except for lens marking, we do not believe that authenticity of the appearance of older vehicles will be affected to any discernable degree by requiring that their lenses be marked as the contemporary standard requires. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam4122OpenThe Honorable Ralph Davenport, South Carolina Legislature, P.O. 1301, Spartanburg, SC 20394; The Honorable Ralph Davenport South Carolina Legislature P.O. 1301 Spartanburg SC 20394; Dear Mr. Davenport: This is to follow up on your phone conversation with Stephen Oesch o my staff concerning the effect of Federal regulations on the tinting of motor vehicle windows. I hope the following discussion answers your questions.; Some background information on how Federal motor vehicle safety law and regulations affect the tinting of vehicle windows may be helpful. Our agency is authorized, 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. We have issued Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials*, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars).; You first asked if the Federal motor vehicle safety standards apply t foreign vehicles sold in the United States. As with all our standards, Standard No. 205 applies to any new vehicle, whether made by a foreign or domestic company, manufactured for sale in the United States. Thus, no manufacturer or dealer is permitted to install solar films and other sun screen devices, such as the one described in your letter, in *new* vehicles without certifying that the vehicle continues to be in compliance with the light transmittance and other requirements of the standard. Violation of Standard No. 205 can result in Federal civil penalties of up to $1,000 for each violation. In addition, a manufacturer of a vehicle that does not comply with our standards is required to remedy any noncompliances in its vehicles.; You also asked how Federal law affects businesses that tinted th windows of used vehicles. After a vehicle is first sold to a consumer, modifications to a vehicle are affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from tampering with safety equipment installed on a vehicle in compliance with our standards. Thus, no dealer, manufacturer, repair business or distributor can install a sun screen device for the owner of the vehicle, if the device would cause the window not to meet the requirements of Standard No. 205. Violation of the section 108(a)(2)(A) can result in Federal civil penalties of up to $1,000 for each violation.; Section 108(a)(2)(A) does not affect vehicle owners, who may themselve alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may install sun screening devices regardless of whether the installation adversely affects the light transmittance. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from using sun screens in their vehicles.; If you need further information, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam5117OpenMr. Allan Ferver Product Manager Waekon Industries, Inc. 100 South Walnut Street Kennett Square, PA 19348; Mr. Allan Ferver Product Manager Waekon Industries Inc. 100 South Walnut Street Kennett Square PA 19348; "Dear Mr. Ferver: This responds to your letter asking about how thi agency's regulations would apply to a product which you call the 'Universal Replacement Fuel Cap.' You explained that this product is designed to replace lost fuel caps until the proper replacement can be obtained. I am pleased to have this opportunity to explain our regulations to you. I am also enclosing a copy of a fact sheet entitled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.' By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with the Federal Motor Vehicle Safety Standards. Instead, under the National Traffic and Motor Vehicle Safety Act, each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. There is currently no Federal Motor Vehicle Safety Standard that is directly applicable to a replacement fuel cap. Nevertheless, you should be aware of Safety Standard No. 301, Fuel System Integrity, which may be relevant to your product. Standard No. 301 applies only to new motor vehicles and specifies performance requirements that must be met by the fuel system as a whole following crash tests. The standard does not apply to individual components of a fuel system or to aftermarket equipment for use on fuel systems. Although Standard No. 301 would not directly apply to a replacememt fuel cap, there are responsibilities under Federal law of which you should be aware. Manufacturers of motor vehicle equipment, which includes fuel caps, are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. In addition, there are prohibitions against certain modifications of new and used vehicles. Section 108(a)(2)(A) of the Safety Act specifies that no manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a new or used motor vehicle in compliance with any applicable Federal Motor Vehicle Safety Standard. Therefore, no person in any of the aforementioned categories may place your fuel cap on a motor vehicle if by so doing the vehicle's compliance with Standard No. 301 were negatively affected. Whether your fuel cap could be installed on a vehicle by a person in one of those categories without taking the vehicle out of compliance with Standard No. 301 or any other applicable Federal safety standard is a determination that must be made by the entity making the installation. Please note that the prohibition of 108(a)(2)(A) does not apply to individual vehicle owners who alter their own vehicles. Thus, under Federal law, a vehicle owner may install or remove any item of motor vehicle equipment regardless of its effect on compliance with the Federal safety standards. However, the agency encourages vehicle owners not to remove or otherwise tamper with vehicle safety equipment if the modification would degrade the vehicle's safety. We suggest that you also contact the Environmental Protection Agency to see whether EPA has any type of emissions standard that might affect you as the manufacturer of a fuel cap. The general telephone number for EPA is (202) 382- 2090. 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, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam1197OpenMr. Richard B. Raymond, Raymond's Utility Trailers, 5306 Phyllis Road, Lansing, MI 48906; Mr. Richard B. Raymond Raymond's Utility Trailers 5306 Phyllis Road Lansing MI 48906; Dear Mr. Raymond: By notice letter dated April 27, 1973, you were advised that thi agency was considering seeking imposition of civil penalties against you for violation of sections 108(a)(1) and (a)(3) of the National Traffic and Motor Vehicle Safety Act of 1966. Section 108(a)(1) provides in pertinent part that 'No person shall manufacture for sale, sell, offer for sale . . . any motor vehicle . . . unless it is in conformity with [all applicable Federal motor vehicle safety standards].' Section 108(a)(3) provides in pertinent part that 'No person shall fail to issue a certificate required by section 114.' You were afforded an opportunity to submit to us any information, data, or arguments relevant to this matter. We have carefully reviewed your response of May 15, 1973.; We have concluded that you have violated sections 108(a)(1) and (a)(3 of the Act by manufacturing for sale, selling, and offering for sale snowmobile and bicycle trailers that did not conform and were not certified as conforming with Federal Motor Vehicle Safety Standard No. 108 *Lamps, Reflective Devices, and Associated Equipment*, and that accordingly you are subject to civil penalties not to exceed $1,000 for each separate violation of section 108. Section 109(b) authorizes the Secretary to compromise any civil penalty. This authority has been delegated to the National Highway Traffic Safety Administrator. If you wish to seek a settlement, you should submit a written offer in compromise to the undersigned, accompanied by a certified check payable to the National Highway Traffic Safety Administration, not later than twenty (20) days after you have received this letter. The Administrator views a compromise of $1,000 as appropriate under the circumstances. If we do not hear from you within the 20 day period we will proceed with a court action to seek the maximum civil penalty authorized by law and an order restraining further violations of the National Traffic and Motor Vehicle Safety Act.; We have also reviewed your letter of June 22, 1973, forwarding to us sample defect notification letter regarding the failure of trailers manufactured by your company to conform to Motor Vehicle Safety Standard No. 108.; We are of the opinion that the sample notification you have submitte does not fully conform to the requirements of the Defect Notification regulation (49 CFR Part 577) and should be modified as follows:; 1. Section 577.4 of the regulation requires the opening statement o the notification to be: 'This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.' While your opening statement is similar, we see no necessity for a departure from the regulatory language, which was intended to be used verbatim, and suggest that you modify this sentence to conform to the regulation.; 2. The second sentence of your letter states that the determination o a defect was made by the NHTSA. This, however, is not the case. Section 577.5 of the Defect Notification regulation provides that the notification letter shall state that the defect was determined to relate to motor vehicle safety by the NHTSA when that determination results from an administrative proceeding conducted pursuant to section 113(e) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1402(e)). This proceeding did not take place in your case, however, and we consequently view the determination regarding the defect to have been made by you. We believe it would serve to further clarify your letter if your second sentence were to indicate as well that the defect relates to a nonconformity to Standard No. 108.; In addition, our enforcement file in this case indicates that trailer manufactured by you were not certified in conformity with section 114 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1403) and the Certification regulations (49 CFR Part 567). Your notification letter should refer to this as well. An appropriate second sentence for your letter would therefore read: Raymond's Utility Trailers has determined that a defect that relates to motor vehicle safety exists in your *(year)* trailer in that it fails to conform to Federal Motor Vehicle Safety Standard No. 108 'Lamps, Reflective Devices, and Associated Equipment', and has not been certified as conforming to all applicable motor vehicle safety standards in accordance with applicable regulations.; 3. Section 577.4(c) requires the notification to contain a clea description of the defect. In your case, the defect concerns a failure to conform to specific requirements of Federal Motor Vehicle Safety Standard No. 108 and NHTSA certification requirements. We believe that to fulfill this requirement your notification letter should indicate how, specifically, your trailers fail to conform to the standard and the regulations. To do so would require a statement of the number, color, and type of specific lighting equipment with which your trailers have not been equipped, and the fact that the required certification label has not been affixed.; A statement that such lighting and the required label will be affixe to the vehicle should also be included to meet the requirements of S577.4(e)(1), which requires a statement of the measures to be taken to repair the defect when the manufacturer offers to repair the defect without charge to the purchaser.; Sincerely yours, Lawrence R. Schneider, Chief Counsel |
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ID: aiam4577OpenThe Honorable J. James Exon United States Senator 287 Federal Building l00 Centennial Mall North Lincoln, NE 68508; The Honorable J. James Exon United States Senator 287 Federal Building l00 Centennial Mall North Lincoln NE 68508; Dear Senator Exon: Thank you for your letter of February 9, 1989, i which you inquired about the status of a letter to this office from Mr. Ron Moxham, one of your constituents. I apologize for the delay in responding to Mr. Moxham. In his inquiry, Mr. Moxham asked about the applicability of the National Highway Traffic Safety Administration's (NHTSA's) regulations to an add-on-trunk for mini vans, pickup trucks, Blazers, and other vehicles. He described his product as a detachable box that could be attached to the liftgate, bumper, or frame at the rear of a vehicle and extend 16 to 20 inches beyond the bumper. Your constituent asked whether there are any regulations applicable to this product, especially in relation to the vehicle's tail lights and other lighting components. He also asked whether his product would be required to have its own separate lighting equipment and its own separate bumper. By way of background information, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under the statutes administered by NHTSA, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with all applicable standards. The following represents our opinion based on the facts provided in Mr. Moxham's letter. NHTSA does not have any specific regulations covering an add-on trunk. However, the addition of such a device could affect a vehicle's compliance with various safety standards. For example, an add-on trunk could affect a vehicle's compliance with Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, by obscuring the vehicle's rear lights from some angles of view. This adverse effect could be offset by the addition of supplementary lighting devices to the trunk. See S4.3.1.1 of Standard No. 108. (Copy enclosed.) If an add-on trunk is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards. If such a device is added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle may have certification responsibilities as an 'alterer' under 49 CFR Part 567.7. This would occur if the installation of the add-on trunk either altered the vehicle's stated weight ratings or constituted the installation of something that is not a 'readily attachable' component. To ascertain whether the installation involves readily attachable components such factors as the intricacy of installation, and the need for special expertise must be taken into consideration. More information regarding the method of installation is necessary before we could determine whether the installation of the add-on trunk was the installation of a readily attachable component. A person who modifies a vehicle prior to its first sale is also affected by other Federal requirements, whether or not that person is considered an 'alterer.' Section 108(a)(l)(A) of the National Traffic and Motor Vehicle Safety Act generally provides that no person may 'manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States,' any motor vehicle or item of motor vehicle equipment that does not comply with an applicable Federal motor vehicle safety standard. In addition, under section 108(a)(2)(A) of the Act, no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. If an add-on trunk is installed on a used vehicle by a business such as a garage, the installer would not be required to attach a certification label. However, it would be subject to the 'render inoperative' requirement cited above. Thus, the installer would have to make sure that it did not knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. I note that in a letter dated September 25, l987, NHTSA indicated that a person who installs a lift platform on the rear of a car, thereby blocking a lamp required by Standard No. 108, could avoid violating the prohibition against rendering inoperative by installing an auxiliary lamp meeting the standard's photometric requirements. Since that situation may have similarities to the one faced by Mr. Moxham, I am enclosing a copy of the letter. Mr. Moxham did not specifically indicate whether his product would be sold for passenger cars. NHTSA has a bumper standard which sets forth requirements for the impact resistance of passenger cars in low speed front and rear collisions. The addition of an add-on trunk could affect a passenger car's compliance with the bumper standard. Enclosed is an information sheet which identifies relevant Federal statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. Mr. Moxham should also be aware that state laws may apply to his device. I hope this information is helpful. Sincerely, Erika Z. Jones Chief Counsel Enclosures cc: Washington Office /; |
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ID: aiam5167OpenMr. John B. White Industry Standards & Government Regulations Michelin Post Office Box 2501 Greenville, SC 29602; Mr. John B. White Industry Standards & Government Regulations Michelin Post Office Box 2501 Greenville SC 29602; "Dear Mr. White: This responds to your letter asking the Nationa Highway Traffic Safety Administration (NHTSA) to clarify our certification procedures for the information of some of your customers. Specifically, you stated that some customers believe that you are required to test your tires for compliance with the Federal motor vehicle safety standards (FMVSS) and the Uniform Tire Quality Grading Standards (UTQGS), and that this agency then certifies your tires after reviewing and evaluating your test results. Those impressions are incorrect. All new tires sold in the United States for use on passenger cars must be certified by the manufacturer as complying with FMVSS 109, New pneumatic tires, found at 49 CFR 571.109, while all new tires sold for use on motor vehicles other than passenger cars must be certified as complying with FMVSS 119, New pneumatic tires for vehicles other than passenger cars, found at 49 CFR 571.119. The National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1381, et seq. (Safety Act) establishes a self-certification procedure applicable to new motor vehicles and new items of motor vehicle equipment, which includes tires. This means that the tire manufacturer, and not a governmental agency such as NHTSA, certifies that its tires comply with applicable FMVSSs. Each new tire must be certified as meeting the applicable FMVSSs regardless of whether the tire meets an equal or higher standard in another country. The UTQGS are set forth in 49 CFR 575.104. Those standards do not require certification in the same manner as the FMVSSs. The UTQGS require that manufacturers mold onto or into the sidewalls of their tires the comparative ratings of those tires for treadwear, traction, and temperature resistance for the use and benefit of consumers. Again, that is the manufacturers' responsibility and NHTSA neither reviews nor approves the ratings prior to their assignments by the manufacturers. Neither the Safety Act nor NHTSA standards and regulations require that a manufacturer base its certifications on any specific tests, any number of specified tests or, for that matter, any tests at all. A manufacturer is only required to exercise due care in certifying its tires. It is the responsibility of each tire manufacturer to determine initially what test results, computer simulations, engineering analyses, or other information it needs to enable it to certify that its tires comply with applicable Federal safety standards. Once a manufacturer has determined that its tires meet all applicable Federal safety standards, it certifies such compliance by molding the letters 'DOT' onto at least one sidewall of each certified tire. If manufacturers conduct any tests, they are not required by Federal law or regulation to release their test results to the public. This agency does not perform any pre-sale testing, approval, or certification of tires, whether of foreign or domestic manufacture, before introduction into the U. S. retail market. Similarly, NHTSA does not approve or certify manufacturers' test results. Rather, NHTSA randomly tests certified tires to determine whether the tires do, in fact, comply with applicable standards. For such enforcement checks, NHTSA purchases tires 'off the shelf' from retail tire dealers and tests those tires according to the procedures specified in the standards. If the tires pass the tests, no further action is taken. If they fail the tests and are determined not to comply with any applicable standard or standards, the manufacturer is responsible for recalling the tires and remedying the noncompliance without charge to the consumer. Government compliance test results are available to the public upon request from the NHTSA Technical Reference Division (NAD 52), 400 Seventh Street SW, Room 5108, Washington, D.C. 20590, (202) 366-2768. I hope this information will assist you in clarifying tire certification requirements to the satisfaction of your customers. If you have any further questions or desire further clarification, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam5168OpenMr. John B. White Industry Standards & Government Regulations Michelin Post Office Box 2501 Greenville, SC 29602; Mr. John B. White Industry Standards & Government Regulations Michelin Post Office Box 2501 Greenville SC 29602; "Dear Mr. White: This responds to your letter asking the Nationa Highway Traffic Safety Administration (NHTSA) to clarify our certification procedures for the information of some of your customers. Specifically, you stated that some customers believe that you are required to test your tires for compliance with the Federal motor vehicle safety standards (FMVSS) and the Uniform Tire Quality Grading Standards (UTQGS), and that this agency then certifies your tires after reviewing and evaluating your test results. Those impressions are incorrect. All new tires sold in the United States for use on passenger cars must be certified by the manufacturer as complying with FMVSS 109, New pneumatic tires, found at 49 CFR 571.109, while all new tires sold for use on motor vehicles other than passenger cars must be certified as complying with FMVSS 119, New pneumatic tires for vehicles other than passenger cars, found at 49 CFR 571.119. The National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1381, et seq. (Safety Act) establishes a self-certification procedure applicable to new motor vehicles and new items of motor vehicle equipment, which includes tires. This means that the tire manufacturer, and not a governmental agency such as NHTSA, certifies that its tires comply with applicable FMVSSs. Each new tire must be certified as meeting the applicable FMVSSs regardless of whether the tire meets an equal or higher standard in another country. The UTQGS are set forth in 49 CFR 575.104. Those standards do not require certification in the same manner as the FMVSSs. The UTQGS require that manufacturers mold onto or into the sidewalls of their tires the comparative ratings of those tires for treadwear, traction, and temperature resistance for the use and benefit of consumers. Again, that is the manufacturers' responsibility and NHTSA neither reviews nor approves the ratings prior to their assignments by the manufacturers. Neither the Safety Act nor NHTSA standards and regulations require that a manufacturer base its certifications on any specific tests, any number of specified tests or, for that matter, any tests at all. A manufacturer is only required to exercise due care in certifying its tires. It is the responsibility of each tire manufacturer to determine initially what test results, computer simulations, engineering analyses, or other information it needs to enable it to certify that its tires comply with applicable Federal safety standards. Once a manufacturer has determined that its tires meet all applicable Federal safety standards, it certifies such compliance by molding the letters 'DOT' onto at least one sidewall of each certified tire. If manufacturers conduct any tests, they are not required by Federal law or regulation to release their test results to the public. This agency does not perform any pre-sale testing, approval, or certification of tires, whether of foreign or domestic manufacture, before introduction into the U. S. retail market. Similarly, NHTSA does not approve or certify manufacturers' test results. Rather, NHTSA randomly tests certified tires to determine whether the tires do, in fact, comply with applicable standards. For such enforcement checks, NHTSA purchases tires 'off the shelf' from retail tire dealers and tests those tires according to the procedures specified in the standards. If the tires pass the tests, no further action is taken. If they fail the tests and are determined not to comply with any applicable standard or standards, the manufacturer is responsible for recalling the tires and remedying the noncompliance without charge to the consumer. Government compliance test results are available to the public upon request from the NHTSA Technical Reference Division (NAD 52), 400 Seventh Street SW, Room 5108, Washington, D.C. 20590, (202) 366-2768. I hope this information will assist you in clarifying tire certification requirements to the satisfaction of your customers. If you have any further questions or desire further clarification, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam0347OpenMr. George H. Jones, Executive Secretary, Louisiana Independent Tire Dealers Association., P.O. Box 2851, Birmingham, Alabama 35212; Mr. George H. Jones Executive Secretary Louisiana Independent Tire Dealers Association. P.O. Box 2851 Birmingham Alabama 35212; Dear Mr.Jones: The 'Flash Notice' that you forwarded to us on April 23, 1971, and you telephone conversation of May 10 with Mike Peskoe of my staff have raised certain questions concerning your interpretation of Motor Vehicle Safety Standard No. 117, 'Retreaded Pneumatic Tires.'; On page 1 of the 'Flash Notice' you state, 'But, so far as testin goes, it's apparent the risk for retreaders not to do their own testing to prove compliance is substantially greater than anticipated.' You proceed to discuss whether manufacturers should test their own tires in order to prove 'due care.' As part of this discussion you refer to the statement in the preamble in the Notice of March 5, 1970, concerning what could suffice for a valid certification, and state that we have told you that this preamble is 'still basically valid.'; There is evidently some confusion as to the purpose and meaning of 'du care' under the National Traffic and Motor vehicle Safety Act, and also as to the difference between compliance and certification.; A manufacturer of a retreaded tire that did not comply with th standard but who used due care in manufacturing the tire to comply with the standard cannot be subject to a civil penalty. The answer to your hypothetical question on page 3, 'What if due care is used, but the tire doesn't comply' is that the manufacturer cannot be subject to a civil penalty in this situation. (He may, however, be required to send defect notification letters and be urged to recall.) We do not agree that one is 'guilty until proven innocent.' A finding of noncompliance must first be made by the agency. Once the agency, through testing or otherwise, discovers a noncompliance, it is then up to the manufacturer to show that he exercised due care. Although the issue of due care is one that is ultimately decided by a court, the agency, in determining whether to seek a civil penalty, will make a preliminary determination on this issue.; You asked in your conversation of May 10 that we amplify what is mean by 'due care.' 'Due care' is a legal concept embodying the care that would be exercised by a reasonable man under the circumstances, and the circumstances of each situation must be considered in determining whether due care has been exercised. The set of circumstances set forth in the preamble of March 5, 1970, might constitute 'due care' in a large number of situations. To be sure, a manufacturer who tests his own tires might be considered in some cases to have exercised more care to insure that his tires complied with the standard than one who relied on tests by a third person on other tires that were similarly manufactured. Each potential case would be considered, and decided, by the agency on the facts peculiar to it.; The 'Flash Notice' also motions 'certification' in such a way tha clarification of the term is indicated. First, all tires manufactured after the standard's effective date must be certified. Certification is accomplished, as you know, by placing the symbol 'DOT' on the tire in a prescribed location. In practice, all tires will have the symbol 'DOT' affixed to them after January 1, 1972, as manufacturers could not manufacture these tires without placing the mark on them. The answer to your question on page 3, 'What if one certified does not comply' is that even if the tire fails to comply, if the manufacturer has exercised due care, in the view of the court, in manufacturing the tires to comply to the standard, his certification will not be considered 'false or misleading,' and no civil penalty can be imposed. The same 'due care' that will suffice for compliance will suffice for purposes for certification. Manufacturers' efforts should be directed to manufacturing tires that conform to the standard.; Your 'Flash Notice' also incorrectly explains certain provisions of th standard. First, with reference to which tests a particular tire must pass, S5.1.1 requires each tire to be able to pass every test, but when a single tire, during the agency testing, is subject to one of the groups of tests specified in S5.1.1, that particular tire will not be tested further. As indicated to you on the phone, this is similar to the test procedure of Standard No. 109. It merely reflects that fact that certain test, such as strength, normally destroy the tire.; Your statement on page 4 concerning the labeling requirements, tha retreaders can 'buff off the labeling required in retreading without worry, since it is displayed in other areas,' is unclear to us. The standard requires each item of information required by Standard No. 109 to be retained in at least one location (Standard No. 109 requires each item to be on both sidewalls) on the complete retreaded tire. Retreaders must therefore take care that each tire retains the original marking to this extent.; Finally, with reference to the physical dimensions requirements o S5.1.2, the 10 percent tolerance refers only to the maximum dimension, with respect to the section width specified in the tables of Standard No. 109. Your reference on page 4 to '10% under' is incorrect, since no minimum measurement is stated in the standard. However, the section width is a variable in computing the size factor which must be at least the minimum specified for the tire in the tables in the Appendix.; If you have further questions, please let us know. Sincerely, Lawrence R. Schneider, Acting Chief Counsel |
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ID: aiam4905OpenMr. Wayne Trueman BX-100 International 2550 Appian Way, Suite 211 Pinole, CA 94564; Mr. Wayne Trueman BX-100 International 2550 Appian Way Suite 211 Pinole CA 94564; "Dear Mr. Trueman: This responds to your recent inquiry abou installing your brake equalizer on new school buses and retrofitting this device on used school buses. A brake equalizer is a valve system that proportions the brake pressure between front and rear brakes. After explaining that California law provides that school bus brake systems may be modified only with the written approval of the school bus chassis manufacturer, you asked whether other states have similar requirements about written authorization. You also asked whether there are any special regulations pertaining to school buses that need to be considered prior to installing or retrofitting your product into school bus air brake systems. I regret that we are unable to provide information concerning state requirements in this area. However, you may be able to obtain the information you desire by contacting individual state directors of pupil transportation. I have enclosed a list of those state officials, as published in School Bus Fleet magazine in January 199l. I can, however, explain Federal requirements that are relevant to installing your product in new and used school buses. By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Highway Traffic and Motor Vehicle Safety Act (Safety Act), it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with all applicable standards. The following represents our opinion based on the facts provided in your letter. NHTSA does not have any specific regulations about brake equalizers. However, since this device is tied into a vehicle's air brake system, it could affect a vehicle's compliance with FMVSS No. 121, Air Brake Systems. That standard applies to almost all new trucks, buses (including school buses), and trailers equipped with air brake systems. If your brake equalizer is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards, including FMVSS No. 121. (see 15 U.S.C. 1397(a)(1) and 49 CFR Part 567) If the device is added to a previously certified new motor vehicle prior to its first consumer sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. (49 CFR 567.7) If the device is installed on a used vehicle (i.e., retrofitted) by a manufacturer, distributor, dealer, or motor vehicle repair business, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. (15 U.S.C 1397(a)(2)(A)) You may wish to review the Federal Highway Administration's Federal Motor Carrier Safety Regulations, which sets forth inspection and maintenance requirements for commercial motor vehicles, including some school buses. (49 CFR Parts 393 and 396.) 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 Enclosure"; |
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.