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: aiam3254OpenMr. Adam Victor, Chairman and CEO, Gas Alternative Systems, 65 Rugby Road, Brooklyn, NY 11226; Mr. Adam Victor Chairman and CEO Gas Alternative Systems 65 Rugby Road Brooklyn NY 11226; Dear Mr. Victor: This responds to your March 1, 1980, letter asking what you must do t certify devices that you plan to import for sale in the United States. The devices to which you refer would convert an automobile's fuel system from gas to compressed natural gas or propane.; The National Highway Traffic Safety Administration issues safet standards and requires manufacturers of motor vehicles and equipment to certify that their vehicles or equipment comply with all applicable standards. To certify compliance to the standards, manufacturers must test or conduct some form of analysis of their vehicles or equipment. The Federal government does not get involved in the actual certification process. Once a manufacturer determines that its equipment or vehicles comply with the standards, it can then certify the vehicles or equipment without getting government approval.; With respect to the device that you propose to import, the agency ha no safety standards applicable to this type of a device. Accordingly, as an importer of this equipment, you would have no certification responsibilities. However, the agency has a vehicle safety standard regulating fuel systems. If your device were designed to be installed in new motor vehicles, the manufacturer of those vehicles would be required to insure that your device would comply with the standard applicable to fuel systems. If your device would be installed on used vehicles, no manufacturer, dealer or repair business would be permitted to install it if such installation would render inoperative the compliance of the vehicle with the safety standards.; To help clarify these general guidelines further, I am enclosing a cop of Part 567, *Certification*, which describes how to certify a vehicle in compliance with the safety standards. Further, I am enclosing a copy of our Safety Standard No. 301, *Fuel System Integrity*, which details the fuel system requirements for motor vehicles. Finally, we have prepared a short letter that gives information on the installation of alternate fuel systems in motor vehicles and that is enclosed for your information.; If we can be of further assistance, please contact us. Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3255OpenMr. Adam Victor, Chairman and CEO, Gas Alternative Systems, 65 Rugby Road, Brooklyn, NY 11226; Mr. Adam Victor Chairman and CEO Gas Alternative Systems 65 Rugby Road Brooklyn NY 11226; Dear Mr. Victor: This responds to your March 1, 1980, letter asking what you must do t certify devices that you plan to import for sale in the United States. The devices to which you refer would convert an automobile's fuel system from gas to compressed natural gas or propane.; The National Highway Traffic Safety Administration issues safet standards and requires manufacturers of motor vehicles and equipment to certify that their vehicles or equipment comply with all applicable standards. To certify compliance to the standards, manufacturers must test or conduct some form of analysis of their vehicles or equipment. The Federal government does not get involved in the actual certification process. Once a manufacturer determines that its equipment or vehicles comply with the standards, it can then certify the vehicles or equipment without getting government approval.; With respect to the device that you propose to import, the agency ha no safety standards applicable to this type of a device. Accordingly, as an importer of this equipment, you would have no certification responsibilities. However, the agency has a vehicle safety standard regulating fuel systems. If your device were designed to be installed in new motor vehicles, the manufacturer of those vehicles would be required to insure that your device would comply with the standard applicable to fuel systems. If your device would be installed on used vehicles, no manufacturer, dealer or repair business would be permitted to install it if such installation would render inoperative the compliance of the vehicle with the safety standards.; To help clarify these general guidelines further, I am enclosing a cop of Part 567, *Certification*, which describes how to certify a vehicle in compliance with the safety standards. Further, I am enclosing a copy of our Safety Standard No. 301, *Fuel System Integrity*, which details the fuel system requirements for motor vehicles. Finally, we have prepared a short letter that gives information on the installation of alternate fuel systems in motor vehicles and that is enclosed for your information.; If we can be of further assistance, please contact us. Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam5566OpenRichard Mark Gergel, Esq. Gergel, Burnette, Nickles, Grant & Leclair, P.A. P.O. Box 1866 Columbia, SC 29202-1866; Richard Mark Gergel Esq. Gergel Burnette Nickles Grant & Leclair P.A. P.O. Box 1866 Columbia SC 29202-1866; "Dear Mr. Gergel: We have received your letter of June 5, 1995 concerning 'the applicability of the Motor Vehicle Safety Act to transactions between a local car dealer and purchasers within the same state.' The litigation in which you are involved concerns the sale of a motor vehicle to a school to transport students. This vehicle, which had the capacity to carry more than 10 persons, 'did not meet the safety standards for a `school bus' under the Act.' The defendant dealer asserts that a transaction between a dealer and purchaser within the same state is beyond the scope of the Act 'since such a transaction allegedly is not within interstate commerce.' Taylor Vinson of this office talked with you on June 14 for a clarification of the facts. We understand that the vehicle in this case was a cargo van originally manufactured by Ford Motor Company and which, before its first purchase in good faith other than for resale, by a private school, was altered by persons not yet known to carry more than 10 persons. The vehicle does not appear to carry the certification of its alterer. The plaintiff in your case is the estate of a child killed while being transported in the vehicle. Under South Carolina law, failure to comply with a Federal safety statute is negligence per se. As noted above, the defendant dealer asserts that there is no violation of the Act because the sale of the vehicle did not occur in interstate commerce, and, hence, that it was not negligent per se. This is our interpretation of the relevant portions of 49 U.S.C. Chapter 301 - Motor Vehicle Safety (formerly known as the National Traffic and Motor Vehicle Safety Act). Section 30112(a) provides as follows: Except as provided in this section, sections 30113 and 30114 of this title, and subchapter III of this chapter, . . . a person may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard prescribed under this chapter takes effect unless the vehicle or equipment complies with the standard and is covered by a certification issued under section 30115 of this title. The sale or offer for sale of a nonconforming motor vehicle which is not certified as conforming to all applicable Federal motor vehicle safety standards is a violation of 49 U.S.C. 30112(a), regardless of whether the purchaser and seller reside in the same state. The phrase 'introduce or deliver for introduction in interstate commerce' is self-contained and separated by commas from the rest of the prohibited acts. It in no way modifies the words 'sell' and 'offer for sale,' which are violations separate and distinct from those of introducing or delivering for introduction in interstate commerce a noncomplying or uncertified motor vehicle. Thus, the case that you refer to, National Association of Motor Bus Owners v. Brinegar, 483 F.2d 1294 (D.C. Cir. 1973), is irrelevant to the issue of whether the dealer violated section 30112(a) by selling the vehicle in question. As noted above, the statute provides certain exemptions and defenses that may be applicable to the question of whether there has been a violation of section 30112(a). The general and special exemptions of sections 30113 and 30114, and the import exemptions of subchapter III are not relevant here. However, if the dealer can establish that any of the following defenses set out in section 30112(b) apply, there would be no violation. If the vehicle had previously been in use before it was sold to the school (section 30112(b)(1)) If the dealer had no reason to know at the time it offered for sale and sold the vehicle to the private school, despite exercising reasonable care, that the van did not comply with Federal school bus safety standards. (section 30112(b)(2)(A)) If the dealer held a certificate by the manufacturer stating that the vehicle complied with applicable Federal school bus safety standards, and did not know about the noncompliance before sale to the school. (section 30112(b)(2)(B)) Further, it appears that the alterer of this vehicle may have violated 49 CFR 568.8, a regulation issued under the authority of 49 U.S.C. 30115. Under this regulation, one who alters a certified vehicle before its first purchase in good faith for other than resale must affix its certification that the vehicle as altered complies with all applicable Federal motor vehicle safety standards. If you have any further questions, please contact Taylor Vinson at (202) 366- 5263. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam4743OpenNormand Laurendeau, Esq. Guy & Gilbert Place Mercantile 770 Sherbrooke Street West Suite 2300 Montreal, Quebec CANADA H3A 1G1; Normand Laurendeau Esq. Guy & Gilbert Place Mercantile 770 Sherbrooke Street West Suite 2300 Montreal Quebec CANADA H3A 1G1; "Dear Mr. Laurendeau: Thank you for your letter on behalf of you client, who distributes auto glass parts in Canada. You had two questions regarding your client's status as an 'intermediate' in the motor vehicle industry. Before I address your specific questions, I believe some background information about this agency may be of assistance to you. The National Highway Traffic Safety Administration (NHTSA) has the authority under the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects. I have enclosed an information sheet which briefly describes each of a manufacturer's responsibilities under the Safety Act. The information sheet also explains how a company offering an item of motor vehicle equipment for importation into the United States must designate an agent within this country for service of process. Your letter describes your client as 'one of the major distributors of auto glass parts in all of Canada.' Your letter states that your client's customers demand that your client 'certifies all glasses shipped with D.O.T. number AS1 or AS2 for domestic and export purposes in all countries.' I will now address the specific questions raised in your letter. Your first question was whether your client, as a distributor of automotive safety glass, needs a D.O.T. number to operate in the United States. The answer to this question depends on what role your client has in the process that results in glazing being sold to the customer. The agency has issued Standard No. 205, Glazing Materials (49 CFR 571.205) which specifies performance requirements for glazing for use in motor vehicles. S6 of Standard No. 205 establishes marking and certification requirements for manufacturers and distributors of glazing materials. The marking and certification requirements differ, depending upon whether your client is a 'prime glazing material manufacturer' or simply a manufacturer or distributor. A 'prime glazing material manufacturer' is defined in S6.1 of Standard No. 205 as 'one who fabricates, laminates, or tempers the glazing material.' If your client performs any of these operations, it must comply with the marking and certification requirements set forth in S6.1 through S6.3 of Standard No. 205. S6.1 requires every prime glazing material manufacturer to mark all glazing materials it manufactures in accordance with American National Standard 'Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways' Z-26.1-1977, January 26, 1977, as supplemented by Z26.1a, July 3, 1980 (hereinafter referred to as 'ANS Z26). S6.2 of Standard No. 205 requires each prime glazing material manufacturer to certify each piece of glazing designed as a component of any specific motor vehicle or camper by adding to the mark required by S6.1 the symbol 'DOT' and a manufacturer's code mark that is assigned by this agency. S6.3 requires each prime glazing manufacturer to certify each piece of glazing designed to be cut into components for use in motor vehicles pursuant to the requirements of section 114 of the Safety Act (15 U.S.C. 1403). Assuming that your client would not be considered a 'prime glazing material manufacturer,' but is simply a distributor, it would not need to be assigned a DOT number pursuant to S6.2 of Standard No. 205. In your letter, however, you incorrectly identified the codes AS1 and AS2 as DOT numbers. Those codes are required on glazing materials by section 6 of ANS Z26. As explained below, your client may be required to add such markings to glazing materials, even if your client is only considered a distributor for the purposes of Standard No. 205. Each manufacturer or distributor who cuts a section of glazing material to which Standard No. 205 applies, for use in a motor vehicle or camper, must comply with the requirements set forth in S6.4 and S6.5 of Standard No. 205. For sections of glazing that are cut by the manufacturer or distributor, the manufacturer or distributor must mark it in accordance with section 6 of ANS Z26 (S6.4) and certify it in accordance with section 114 of the Safety Act (S6.5). Your second question asked about the potential liability of a distributor for the certification of automotive safety glazing for importation into the United States. If your client is required to certify glazing it distributes pursuant to the provisions in either S6.2, S6.3, or S6.5 of Standard No. 205, the failure to so certify would be a violation of the standard. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) provides that: No person shall 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 manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard ... Thus, if your client is required by Standard No. 205 to certify some glazing it distributes, the failure to make such a certification would be a violation of section 108(a)(1)(A) of the Safety Act. Even if your client is not required to certify the glazing it distributes pursuant to Standard No. 205, section 114 of the Safety Act requires every distributor of motor vehicle equipment (such as glazing) to furnish a certification. Section 114 provides: Every manufacturer or distributor of ... motor vehicle equipment shall furnish to the distributor or dealer at the time of delivery of such ... equipment by such ... distributor the certification that each such ... item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards. In the case of an item of motor vehicle equipment such certification may be in the form of a label or tag on such item or on the outside of a container in which such item is delivered. Section 108(a)(1)(C) of the Safety Act provides that no person shall fail to issue a certificate required by section 114, or issue a certificate to the effect that a motor vehicle or item of motor vehicle equipment conforms to all applicable safety standards, if such person in the exercise of due care has reason to know that such certificate is false or misleading in a material respect. Section 109 of the Safety Act (15 U.S.C. 1398) provides that any violations of section 108 subject the violator to a civil penalty of not to exceed $1,000 for each such violation, up to a maximum penalty of $800,000. I hope this information is helpful. If you have any further questions or need any additional information, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam2213OpenDavid E. Martin, Director, Automotive Safety Engineering, General Motors Corporation, General Motors Technical Center, Warren, MI 48090; David E. Martin Director Automotive Safety Engineering General Motors Corporation General Motors Technical Center Warren MI 48090; Dear Mr. Martin: This is in response to General Motors' October 28, 1975, petition t amend Federal Motor Vehicle Safety Standard No. 301, Fuel System Integrity. You requested an amendment that would permit the removal of trailer hitches before testing a vehicle for compliance with the rear moving barrier crash requirements. For the reasons set out below, the petition is denied.; As far as the National Highway Traffic Safety Administration (NHTSA) i concerned, the primary issue presented by the petition is whether the presence of a trailer hitch will compromise the crashworthiness of a vehicle or, in particular, whether it will diminish the integrity of the vehicle's fuel system. We believe that a new vehicle that is delivered to a purchaser with a trailer hitch, be it removable or permanently attached, should be in compliance with all standards without further modification.; You have suggested that requiring original equipment hitches to b attached during barrier crash testing would not have a significant effect on motor vehicle safety because such hitches make up only 5 percent of the trailer hitch market and there is no standard applicable to hitches that are sold in the aftermarket. However, Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended, specifies that:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard...<<<; Therefore, aftermarket trailer hitches must also be installed in such way that compliance with Standard No. 301-75 is preserved.; You have also suggested that the rear moving barrier crash test i inappropriate as applied to vehicles that have trailer hitches attached, because the rigid, flat-faced moving barrier would but an unrealistically concentrated load on a trailer hitch. The NHTSA disagrees with this argument. Because the effect of Standard No. 215 has been to control the height and contour of bumpers and increase their rigidity, a vehicle's performance in the test prescribed in the standard does in fact tend to reflect its performance on the road.; For these reasons, the NHTSA has concluded that the amendment you hav suggested would diminish the level of motor vehicle safety and, therefore, that your petition should be denied. Indeed, for this agency to do otherwise would violate Section 108 of the Motor Vehicle and Schoolbus Safety Amendments of 1974 (15 U.S.C. 1392 note), concerning amendment or repeal of the fuel system integrity standard.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs; |
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ID: aiam4599OpenMr. Thomas C. Gravengood Agap'e Plastics Inc. Grand Rapids, MI 49504; Mr. Thomas C. Gravengood Agap'e Plastics Inc. Grand Rapids MI 49504; Dear Mr. Gravengood: This is in reply to your letter of April 3, l989 to this Office enclosing samples of plastic lenses. Your company manufactures 'heated lights' which appear beneficial in melting snow that accumulates on them in the winter months. In your letter, you 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 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 S4.4 of Standard No. 108 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. We are returning your samples. Sincerely, Stephen P. Wood Assistant Chief Counsel for Rulemaking; |
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ID: aiam3744OpenMs. Pamela Cox, NADA Management Education, National Automobile Dealers Association, 8400 Westpark Drive, McLean, VA 22102; Ms. Pamela Cox NADA Management Education National Automobile Dealers Association 8400 Westpark Drive McLean VA 22102; Dear Ms. Cox: This responds to your request to Mr. Stephen Kratzke of my staff t verify the record retention checklist your organization plans to distribute to its members. The checklist indicates that automobile dealers must maintain records of 'New and retread tires, name, address of purchaser, tire seller and identification number,' and 'Tires on each vehicle sold.' This is not an accurate description of the recordkeeping requirements imposed on automobile dealers with respect to tire sales.; For your information, I have enclosed a copy of 49 CFR Part 574, *Tir Identification and Recordkeeping*. The tire registration requirements applicable to motor vehicle dealers are set forth in section 574.9. Motor vehicle dealers are *not* required to register the tires on each vehicle sold, they are only required to register tires in two instances. First, if the dealer is selling a new vehicle, the tires must be registered by that dealer only if the vehicle is equipped with tires other than those installed on the vehicle or furnished with it by the vehicle manufacturer. In the far more common situation where the dealer delivers a new vehicle with the original equipment tires installed on or furnished by the vehicle manufacturer, the vehicle dealer has no registration responsibility for those tires.; Second, if the motor vehicle dealer is selling a used vehicle o leasing a vehicle for more than 60 days, the dealer must register the tires on that vehicle only if he has installed new tires on it. Again, it is more usual for a used vehicle to be equipped with the used tires already on it, and, in that case, the vehicle dealer is not required to register the tires. Moreover, tire registration is not required for any dealer when a vehicle is equipped with retreaded tires, even if the dealer installed the retreaded tires on the vehicle.; Even when motor vehicle dealers are required to register tires, the are only required to record the purchaser's name and address if the dealer's business is owned or controlled by a tire company. I presume this would be a very unusual situation. This agency published an interim final rule establishing voluntary tire registration requirements for 'independent' dealers in the Federal Register of May 19, 1983 (copy enclosed). 'Independent' dealers means those whose business is not owned or controlled by a tire manufacturer. When one of your members is required to register tires and qualifies as an independent dealer, he must simply record the tire identification number(s) of the tire(s) sold on a registration form provided by the tire manufacturer, together with the dealer's name and address, and give the form to the tire purchaser. It is up to the purchaser to fill in his or her name and address on the form and return it to the manufacturer. The dealer is not required to retain any record of this. Even if the motor vehicle dealer were owned or controlled by a tire manufacturer, that dealer would simply be required to complete the entire registration form and return it to the tire manufacturer, and the tire manufacturer would be required to retain a record of the registration form for three years.; I trust that this information will help you in your efforts to educat your members about their responsibilities under Federal laws. If you need any further assistance in those efforts, please contact Mr. Kratzke at this address or at (202) 426-2992.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3743OpenMs. Pamela Cox, NADA Management Education, National Automobile Dealers Association, 8400 Westpark Drive, McLean, VA 22102; Ms. Pamela Cox NADA Management Education National Automobile Dealers Association 8400 Westpark Drive McLean VA 22102; Dear Ms. Cox: This responds to your request to Mr. Stephen Kratzke of my staff t verify the record retention checklist your organization plans to distribute to its members. The checklist indicates that automobile dealers must maintain records of 'New and retread tires, name, address of purchaser, tire seller and identification number,' and 'Tires on each vehicle sold.' This is not an accurate description of the recordkeeping requirements imposed on automobile dealers with respect to tire sales.; For your information, I have enclosed a copy of 49 CFR Part 574, *Tir Identification and Recordkeeping*. The tire registration requirements applicable to motor vehicle dealers are set forth in section 574.9. Motor vehicle dealers are *not* required to register the tires on each vehicle sold, they are only required to register tires in two instances. First, if the dealer is selling a new vehicle, the tires must be registered by that dealer only if the vehicle is equipped with tires other than those installed on the vehicle or furnished with it by the vehicle manufacturer. In the far more common situation where the dealer delivers a new vehicle with the original equipment tires installed on or furnished by the vehicle manufacturer, the vehicle dealer has no registration responsibility for those tires.; Second, if the motor vehicle dealer is selling a used vehicle o leasing a vehicle for more than 60 days, the dealer must register the tires on that vehicle only if he has installed new tires on it. Again, it is more usual for a used vehicle to be equipped with the used tires already on it, and, in that case, the vehicle dealer is not required to register the tires. Moreover, tire registration is not required for any dealer when a vehicle is equipped with retreaded tires, even if the dealer installed the retreaded tires on the vehicle.; Even when motor vehicle dealers are required to register tires, the are only required to record the purchaser's name and address if the dealer's business is owned or controlled by a tire company. I presume this would be a very unusual situation. This agency published an interim final rule establishing voluntary tire registration requirements for 'independent' dealers in the Federal Register of May 19, 1983 (copy enclosed). 'Independent' dealers means those whose business is not owned or controlled by a tire manufacturer. When one of your members is required to register tires and qualifies as an independent dealer, he must simply record the tire identification number(s) of the tire(s) sold on a registration form provided by the tire manufacturer, together with the dealer's name and address, and give the form to the tire purchaser. It is up to the purchaser to fill in his or her name and address on the form and return it to the manufacturer. The dealer is not required to retain any record of this. Even if the motor vehicle dealer were owned or controlled by a tire manufacturer, that dealer would simply be required to complete the entire registration form and return it to the tire manufacturer, and the tire manufacturer would be required to retain a record of the registration form for three years.; I trust that this information will help you in your efforts to educat your members about their responsibilities under Federal laws. If you need any further assistance in those efforts, please contact Mr. Kratzke at this address or at (202) 426-2992.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam0200OpenMr. F. Michael Petler, Product Equipment Coordinator, U.S. Suzuki Motor Corporation, 13767 Freeway Drive, Santa Fe Springs, CA 90607; Mr. F. Michael Petler Product Equipment Coordinator U.S. Suzuki Motor Corporation 13767 Freeway Drive Santa Fe Springs CA 90607; >>>Re: Request for Interpretations by Suzuki<<< Dear Mr. Petler: This is in reply to your letter of October 13, 1969, requestin confirmation of your interpretation of certain Federal Motor Vehicle Safety Standards and regulations, and further asking whether or not certain other areas of (motor) vehicle performance are presently regulated under the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391 *et seq*.).; In your letter you state that your request results from the fact tha Suzuki is considering the production of a multipurpose passenger vehicle for export into the United States sometime in 1970, and attach a sketch of this vehicle. The vehicle represented by the sketch, however, appears to be a truck, and not a multipurpose passenger vehicle. 'Multipurpose passenger vehicle' is defined in the regulations (49 CFR 371.3(b)) as 'a motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.' 'Truck' is defined to mean (49 CFR 371.3(b)) 'a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special equipment.' The distinction between a truck and multipurpose passenger vehicle, therefore, is whether the vehicle is designed primarily to carry persons or property. The sketch you enclose is of a vehicle designed to carry property, and for this reason I have answered your questions with reference only to trucks. Your questions are repeated below, with our replies following them:; *Subject No. 1* - Glazing Requirements - Rear Windows 1.>>>'We understand it would be permissible to use a fabric soft to with no rear window if an outside mirror was installed on the right side of the vehicle.'<<<; You are correct in saying you may use a fabric soft top with no rea window. Federal Motor Vehicle Safety Standard No. 205 specifies glazing materials for use in passenger cars, multipurpose passenger vehicles, motorcycles, trucks and buses. It does not require a rear window or the use of glazing material therein. If a rear window is installed, however, the referenced United States of America Standards Institute 'American Standard Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways,' ASA Standard Z26.1-1966, July 15, 1966, specifies the types of material which must be used.; There are no National Highway Safety Bureau requirements for mirrors o trucks.; 2.>>>'We understand it would be permissible to use a fabric soft top with an open section in the back, utilizing no installation of glazing material, but just an open area which would permit viewing to the rear using the inside rear view mirror.'<<<; Your understanding is correct. As stated before, Standard No. 205 doe not require the use of glazing material.; 3.>>>'We understand it would be permissible to use a fabric soft top using a rear window such as found in the tops of convertible automobiles, in which the rear window's composition has utilized a ASA plastic material conforming to Z26.1-1966 regulations.(sic); 'If this is correct we would appreciate being informed which plasti materials can be utilized.'<<<; That is incorrect. The criterion for 'a rear window such as found i convertible automobiles' is inappropriate for trucks. The only plastics which may be used in trucks are AS4 and AS5, rigid plastics, and then only 'where other means to afford visibility of the highway' are provided.; 4.>>>'We understand it would be permissible to use a fabric soft top using a rear window such as found in the tops of convertible automobiles, in which the rear window's composition has utilized a ASA safety glass material conforming to Z26.1- 1966 regulations.(sic); 'If this is correct we would appreciate being informed which safet glass materials can be utilized.'<<<; As indicated in our comment to number 3 above, the criterion for rea window glizing (sic) used in convertible automobiles is inappropriate for trucks. ASA Standard Z26.1-1966 allows the use of Items 1, 2, 3, 8, 9, 10, and 11 glass in the rear window of trucks. Item 3 or 9 glass may only be used, however, 'where other means to afford visibility of the highway' are provided.; *Subject No. 2* - Gross Vehicle Weight >>>'It is our understanding that, at present, there is no requiremen that a manufacturer attach a label to the vehicle stating the gross vehicle weight of . . . [trucks] in the weight category of 2,000 lbs. or less.'<<<; Your understanding is correct. The National Highway Safety Bureau doe not presently have a requirement for gross vehicle weight labeling.; *Subject No. 3* - Fuel Tank Requirements >>>'It is our understanding again that there is no present Federa Motor Vehicle Safety Standard pertaining to gas tanks on . . . [trucks]. I understand that there may be future standards implemented in the near future regarding this subject.'<<<; Your understanding is correct. Federal Motor Vehicle Safety Standar No. 301, 'Fuel Tanks, Fuel Tank Filler Pipes, and Fuel Tank Connections - Passenger Cars', applies to only passenger cars at this time. Docket No. 3-2 (F.R. 14282), currently under consideration, contemplates extending the requirements of Standard No. 301 to multipurpose passenger vehicles, trucks, buses and motorcycles.; *Subject No. 4* - Vehicle Noise Level >>>'It is our understanding that, at the present time, there is n special noise level requirements pertaining to . . . (sic)trucks]. We would appreciate your comments as to any future standard presently under discussion regarding this subject.'<<<; Your understanding is correct. There are no Federal requirements o proposals at present concerning vehicle noise level, (sic) There are states and municipalities, however, that have requirements concerning this subject.; *Subject No. 5* - Speedometer Error >>>'There are several questions we have regarding this subject. 1. Is there a stipulation regarding allowance of percentage o speedometer error.; 2. Would it be considered the manufacturer's responsibility fo speedometer error in case the user or person was to change the tire size.'<<<; There are presently no Federal requirements concerning speedometers. substantial speedometer error resulting from a reasonable tire size change might be considered a safety related defect for which the manufacturer would be responsible.; *Subject No. 6* - Special Label for Non-Conforming Vehicle Entry Int The United States; >>>'I would like to confirm the following information regarding th placement of a special label to be placed on the inside of the vehicle's windshield so that it is readable from the outside of a vehicle being imported into the United States. This would be placed on a vehicle that does not have the required Federal Motor Vehicle Safety Standard items readily attached in their respective place on the vehicle.(sic); 'It is my understanding, for instance, that if the outside rear vie mirror was not attached to the vehicle, but packaged in a box to prevent damage or pilferage while in transit to the United States, that in such a case a label would be required to be attached to the vehicle stating essentially the following message.; THIS VEHICLE DOES NOT CONFORM TO FEDERAL MOTOR VEHICLE SAFETY STANDAR NO. 111 BECAUSE THE OUTSIDE REAR VIEW MIRROR HAS NOT BEEN ATTACHED FOR THE CONVENIENCE OF SHIPMENT. THIS VEHICLE WILL BE BROUGHT INTO CONFORMITY BY ATTACHMENT OF THE OUTSIDE REAR VIEW MIRROR BEFORE IT IS OFFERED FOR SALE TO THE FIRST PURCHASER FOR THE PURPOSE OF RESALE.(sic); 'If we have interpreted this requirement correctly would you pleas advise us of the full requirements for this label. It is also our understanding that at the time of importation of these vehicles the importer would be required to submit in duplicate the Federal Highway Administration Form Number HS-7.'<<<; Your interpretation of the above is correct. A label such as you hav described, used in conjunction with the certification label required in 49 CFR 367, would meet the requirements. Your understanding regarding the HS-7 form is also correct.; We trust this will clarify the situation for you. Sincerely, Francis Armstrong, Director, Office of Performance Analysis Motor Vehicle Safety Performance Service; |
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ID: aiam4954OpenMr. Stephen C. Bartch Applications Engineer Quigley Motor Company, Inc. Manchester, PA 17345; Mr. Stephen C. Bartch Applications Engineer Quigley Motor Company Inc. Manchester PA 17345; "Dear Mr. Bartch: This responds to your letter concerning Safet Standard No. 301, Fuel System Integrity. You stated that you propose to convert certain 1992 Ford vans to your 4x4 drive system, however, the fuel tank in the vans interferes with the transfer case placement. You therefore plan to either replace the OEM tank with a smaller one that has identical attachments or modify the OEM tank to eliminate the interference. You requested that we summarize your responsibilities regarding Standard No. 301. I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meets all applicable safety standards. Under NHTSA's certification regulation (49 CFR Part 567), an alterer is a person who alters previously certified vehicles by means other than the addition, substitution, or removal of readily attachable components, or minor finishing operations, or in such a manner that the vehicle's stated weight ratings are no longer valid, before the first purchase of the vehicle in good faith for purposes other than resale. The operations you propose to conduct on 1992 Ford vans would make you an alterer, and the operations would affect the compliance of the vehicles with Standard No. 301. An alterer is required to certify that every vehicle it alters continues to comply with all applicable safety standards affected by the alteration. See 49 CFR Part 567.7. Alterers make this certification by affixing a permanent label on the altered vehicle, which identifies the alterer, the date of alteration, and states that, as altered, the vehicle continues to comply with all applicable safety standards. Alterers must have some independent basis for their certification that an altered vehicle continues to comply with all applicable safety standards. This does not necessarily mean that an alterer must conduct crash testing, even with respect to standards, such as Standard No. 301, that specify dynamic test requirements. Certifications of continuing compliance for altered vehicles may be based on, among other things, engineering analyses, computer simulations, actual testing, or instructions for alteration voluntarily provided by the original vehicle manufacturer in a 'body builder's guide.' I have enclosed a pamphlet which provides additional information concerning relevant Federal statutes and this agency's standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. If you have any further questions, please feel free to call Edward Glancy of my staff 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.