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: aiam3943OpenMr. Ralph Walker, 5517 Cleon Avenue, North Hollywood, CA 91605; Mr. Ralph Walker 5517 Cleon Avenue North Hollywood CA 91605; Dear Mr. Walker: This responds to your letter of April 8, 1985, and follows up on you telephone conversation with Stephen Oesch of my staff concerning safety regulations applying to sun roof windows for recreational vehicles. The National Highway Traffic Safety Administration has issued Standard No. 205, *Glazing Materials*, which sets requirements for the glazing used in motor vehicles, including the glazing for a sun roof in a recreational vehicle. A copy of the standard is enclosed.; You were particularly interested in the certification requirements fo sun roofs. Paragraphs S6.1 and S6.3 of Safety Standard No. 205 specify that prime glazing material manufacturers shall certify each piece of glazing for use in motor vehicles. The certification must be in accordance with section 114 of the National Traffic and Motor Vehicle Safety Act and with section 6 of the ANS Z-26 standard. These requirements would be applicable to the company from which you buy your glazing, since that company would qualify as a prime glazing material manufacturer.; As a manufacturer or distributor who cuts a section of glazing for us in a motor vehicle, your company would be required to certify its product in accordance with paragraphs S6.4 and S6.5 of Standard No. 205. S.6.4 requires your company to mark any section of glazing that it cuts with the same AS number, manufacturer model number and manufacturer trademark or designation as the piece of glazing from which it was cut.; S6.5 requires your company to certify your product in accordance wit section 114 of the National Traffic and Motor Vehicle Safety Act. Section 114 provides that an item of motor vehicle equipment (including glazing) may be certified by means of a label or tag on the item of equipment or on the outside of a container in which the equipment is delivered. The label or tag must certify that the item of motor vehicle equipment complies with all applicable motor vehicle safety standards, Standard No. 205 in this case.; Please let me know if you have any further questions. Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam4634OpenMr. John Schroeter August Industries 26717 216th Av., S.E. Maple Valley, WA 98038; Mr. John Schroeter August Industries 26717 216th Av. S.E. Maple Valley WA 98038; "Dear Mr. Schroeter: This responds to your letter asking fo information about the application of Federal safety standards to a head restraint that attaches to the rear window of pickup trucks. I regret the delay in responding. I hope the following information is helpful. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act 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 our Federal motor vehicle safety standards. Instead, under the National Traffic and Motor Vehicle Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information provided in your letter. There is currently no Federal motor vehicle safety standard that is directly applicable to the product you wish to manufacture and sell. Our standard for head restraints (Standard No. 202) applies only to completed new passenger cars and not to a head restraint device sold as an item of 'aftermarket' equipment for pickup trucks. However, there are other Federal laws that indirectly affect your manufacture and sale of the head restraint device. Under the Safety Act, your device is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you 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. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your head restraints contain a safety related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Safety Standard No. 302, Flammability of Interior Materials (copy enclosed), would also affect your head restraint if your product is installed by a commercial business on either new or used vehicles. A manufacturer installing your head restraint device on a new truck prior to certifying the truck as complying with all applicable Federal motor vehicle safety standards, as required by the Safety Act, has certain responsibilities relating to that obligation to certify. Standard No. 302 establishes flammability resistance requirements for trucks that must be met by certain vehicle components, including head restraints. The new vehicle manufacturer that installs your product on the new vehicle would have to certify the vehicle's compliance with Standard No. 302, and thus would be required to ensure that the head restraint device conforms to the flammability resistance requirements of the standard. A commercial business that installs the head restraint on new or used vehicles would be subject to statutory considerations that affect whether the business may install your product on a vehicle without violating the Safety Act. Section 108(a)(2)(A) of the Act states: 'No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... 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 ...' This section requires manufacturers, distributors, dealers or motor vehicle repair businesses (i.e., any person holding him or herself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation) installing your head restraint device on new or used vehicles to ensure that the addition of the apparatus would not negatively affect the compliance of any component or design on a vehicle with applicable Federal safety standards. For example, the commercial entity must ensure that the addition of the device does not degrade from the safety provided by flammable-resistant materials in the vehicle's interior compartment which have been installed in accordance with Standard No. 302. Installation of rapidly burning materials could vitiate the compliance of the materials which were present in the vehicle at the time of its sale to the first consumer and were certified as meeting FMVSS No. 302. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of /108. However, the prohibitions of /108(a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her vehicle. Thus, a vehicle owner would not violate the Safety Act by installing the head restraint, even if doing so would negatively affect some safety feature in his or her vehicle. In addition to the materials described above, I am also enclosing a Federal Register notice (53 FR 50047) that NHTSA issued on December 13, 1988, proposing to extend the applicability of Standard No. 202 to light trucks and vans. NHTSA has proposed to make this extension effective September 1, 1991. We expect to announce the agency's next step in the rulemaking proceeding by this fall. Please feel free to contact us if you have further questions. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosures"; |
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ID: aiam4319OpenMr. Jerome A. Czarnowski, 3746 N. Tripp Avenue, Chicago, IL 60641; Mr. Jerome A. Czarnowski 3746 N. Tripp Avenue Chicago IL 60641; Dear Mr. Czarnowski: In September 1986, you sent information concerning your Emergency Ai Reserve System (EARS) to Dr. Carl Clark of the National Highway Traffic Safety Administration's (NHTSA's) Office of Research and Development. According to your letter, EARS is a separate high-pressure system intended to provide an emergency vehicle with enough air volume and pressure to charge the vehicle's integral system to operating pressure. You stated that the system does not violate the integrity of the vehicle's system, since check-valves, a relief valve and one-way regulator are present.; Later, in February 1987, you asked Dr. Clark for information concernin whether EARS is permitted under Federal Motor Vehicle Safety Standard No. 121, *Air Brake Systems*. This letter responds to that request.; By way of background information, NHTSA does not provide approvals o motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle 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 covering auxiliary device for the quick pressurizing of air brake systems. However, since your device is tied into a vehicle's air brake system, it could affect a vehicle's compliance with Standard No. 121.; If your device is installed as original equipment on a new vehicle, th vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards.; One issue we have examined is whether your device is considered a integral part of the brake system in the sense that it would need to comply with certain of Standard No. 121's requirements, e.g., those for reservoir strength. A related issue is whether certain parts of the device are considered brake hose and therefore subject to the requirements of Standard No. 106, *Brake Hoses*.; It is our opinion that your device is not considered part of th braking system, so long as the device is separated from the vehicle's main braking system by a check valve in such a way that the main braking system will not be affected by a leakage failure in the device. Thus, since your letter indicates that such a check valve is provided, your device itself would not be subject to the requirements of Standards No. 106 and 121. This opinion is limited to the specific factual situation raised by your letter. We note that the device is not intended to replace a vehicle's normal braking system but instead to provide auxiliary air pressure for certain emergency situations. We also note that the requirements of Standards No. 106 and 121 were not written to cover the high air pressures used in your system.; If the device is added to a previously certified new motor vehicl prior to its first 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.; If the device is installed on a used vehicle by a business such as garage, 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 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. This is required by section 108(a)(20)(A) (sic) of the National Traffic and Motor Vehicle Safety Act.; In response to a request you made to Dr. Clark, Edward Glancy of m staff previously sent a general information sheet to your attorney, Ralph Rath, Esq. The information sheet identifies relevant Federal statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. We are also sending a copy of this letter to Mr. Rath.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3793OpenMr. J. N. White, 1300 California Drive, Rolla, MO 65401; Mr. J. N. White 1300 California Drive Rolla MO 65401; Dear Mr. White: This is in response to your January 3, 1984, letter to Roger Fairchil of this office regarding Federal Motor Vehicle Safety Standard No. 111 (Rearview Mirror Systems). You have requested information on the applicability of that standard, particularly in regard to aftermarket mirrors.; FMVSS 111 is a rule or regulation (the terms are generally use interchangeably) establishing requirements for rearview mirrors on new passenger cars, multipurpose passenger vehicles, trucks, buses, school buses, and motorcycles. Aftermarket mirror manufacturers do not have to certify compliance with our standards. However, the addition of an aftermarket mirror to a motor vehicle may be subject to certain legal requirements. Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act prohibits any manufacturer, distributor, or dealer of motor vehicles or motor vehicle equipment, or any motor vehicle repair business from knowingly rendering inoperative any device or element of design installed on a vehicle in compliance with a safety standard. Thus, manufacturers, distributors, dealers, and repair businesses cannot remove a rearview mirror installed as original equipment in compliance with our standard and replace that mirror with a noncomplying aftermarket mirror. Replacement by other individuals or organizations or replacement with a complying aftermarket mirror would be permitted.; With regard to your final question as to requirements applicable to th use of non-glare glass in mirrors, this agency issued on November 6, 1978, a notice of proposed rulemaking on possible upgrading of rearview mirror requirements (copy enclosed). One part of this proposal would establish image luminance criteria for rearview mirrors. The agency has not yet determined whether this requirement should be implemented, and no action is imminent on that proposal.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1709OpenMr. Peter N. Lalos, Mason, Fenwick & Lawrence, 310 O F C Building, 1730 Rhode Island Avenue, N.W., Washington, DC 20036; Mr. Peter N. Lalos Mason Fenwick & Lawrence 310 O F C Building 1730 Rhode Island Avenue N.W. Washington DC 20036; Dear Mr. Lalos: This responds to your November 15, 1974, request for a discussion o the responsibilities of a vehicle manufacturer to comply with Federal motor vehicle safety standards, and in particular, Standard No. 121, *Air brake systems*.; The National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S. 1391 et seq.) provides:; >>>S 108. (a) No person shall -- (1) manufacture for sale, sell, offer for sale, or introduce i 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 except as provided in subsection (b) of this section.<<<; Thus, the manufacture or sale of any vehicle which does not meet ever requirement of Standard No. 121 or any other applicable Federal motor vehicle safety standard is a violation of Federal law subject to a civil penalty of not more than $1,000 per violation (S 109). Each vehicle which does not comply with the dynamometer requirements you listed could constitute a separate violation of the act.; You suggested the standard of 'reasonable or due care' as the sol responsibility of a vehicle manufactured under the Safety Act. Section 108(b)(2) in part provides that S 108(a)(1) 'shall not apply to any person who establishes that he did not have reason to know in the exercise of due care' that a vehicle did not comply with an applicable standard. In order to comply with the Safety Act each manufacturer must design his vehicles and test program so as to exercise due care in assuring that each of his vehicles complies with the standard. Calculations based on principles of engineering could constitute an element in the exercise of 'due care'. I enclose a discussion of 'due care' which appeared in the preamble to a recent rulemaking on Standard No. 121.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam2287OpenMr. Ejner J. Johnson, Administrator, Motor Vehicle Administration, Maryland Department of Transportation, 6601 Ritchie Highway, N.E., Glen Burnie, Maryland 21062; Mr. Ejner J. Johnson Administrator Motor Vehicle Administration Maryland Department of Transportation 6601 Ritchie Highway N.E. Glen Burnie Maryland 21062; Dear Mr. Johnson: This is in response to your letter of March 4. 1976, concerning Federa Motor Vehicle Safety Standard No. 115, *Vehicle Identification Number*.; As I advised you on March 1, 1976, the National Highway Traffic Safet Administration (NHTSA) intends to issue with a few months a notice of proposed rulemaking relating to a standardized Vehicle Identification Number (VIN). At that time, it is our intent to contact directly a number of interested organizations, including the Vehicle Equipment Safety Commission, the International Standards Organization, and the American Association of Motor Vehicle Administrators, and seek comments regarding the proposal.; I believe this procedure will satisfy the requirements in sectio 103(f) of the National Traffic and Motor Vehicle Safety Act (the Act) for NHTSA to consult with the Commission in prescribing standards under the Act. Regarding this requirement, the conference committee stated:; >>>In the administration of the provision it is expected that th Secretary will, to the extent consistent with the purposes of this act, inform the VESC and other agencies of *proposed* standards and amendments thereto and afford them a reasonable opportunity to study and comment thereon. (Emphasis added.) (H. Rep. No. 1919, 89th Cong., 2d Sess. 16 (1966))<<<; Informing the VESC of proposed rulemaking, i.e., proposals issued b the agency, and providing an opportunity to comment, is the practice that the agency has been following and intends to continue following pursuant to section 103(f).; If a final rule relating to a VIN format is promulgated, we woul expect all manufacturers to comply with the requirements of the amended standard and therefore do not anticipate litigation on our part. Consequently, should litigation ensue, as you suggest in your letter, it is my expectation that it would emanate from a manufacturer faced with differing requirements.; NHTSA has been considering the preemptive effect of Standard No. 115 As you know, the standard requires a VIN that is unique to a manufacturer during a ten-year period. It does not specify the length or content of the number. The question, therefore, becomes whether the standard was intended generally to cover all aspects of those numbers, and preempt any differing State rules. The guiding rule, as set forth by the U.S. Supreme Court in *Florida Lime & Avacado(sic) Growers v. Paul*, 373 U.S. 132, 141-142, (1963), is 'whether both regulations can be enforced without impairing federal superintendence of the field.' Under the accepted doctrines enunciated in cases as *Thorne v. Housing Authority of Durham*, 393 U.S. 268 (1969), and *Chrysler v. Tofany*, 419 F.2d 499, 511-12 (2d Cir 1969), the interpretation of this question by the administering agency is 'of controlling weight unless it is plainly erroneous or inconsistent with the regulation.'; The NHTSA has determined that Standard No. 115 is intended to cover al aspects of VIN's relative to the vehicles to which the standard applies, and that any aspects for which there are no specific requirements were intended by this agency to be left to the discretion of the manufacturers. State regulations differing from the standard on this subject are found to 'impair the federal superintendence of the field,' within the meaning of the *Florida Lime* doctrine, and any such State regulation would be preempted under section 103(d), 15 U.S.C. 1392(d).; Should you have any other questions concerning this matter,please d not hesitate to contact me.; Sincerely, James B. Gregory, Administrator |
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ID: aiam1269OpenMr. Virgil V. Stanciu, Executive Vice President, Falcon Enterprises, Inc., 3960 South Marginal Road, Cleveland, OH 44114; Mr. Virgil V. Stanciu Executive Vice President Falcon Enterprises Inc. 3960 South Marginal Road Cleveland OH 44114; Dear Mr. Stanciu: This is in reply to your letter of September 6, 1973, concerning Moto Vehicle Safety Standard No. 218, 'Motorcycle Helmets.' You raise several questions in your letter which are restated below.; >>>1. 'It is our understanding that we are not required to seek o secure prior DOT approval to market helmets manufactured after March 1, 1974, but that we must satisfy ourselves that our product meets this specification. Is this correct?'; Yes. 2. 'It is also our understanding the DOT does not issue any approval o certification even if we present documents of compliance. Is this correct?'; Yes. 3. 'We are interested in your comments as far as the disposition o existing inventory of helmets manufactured prior to March 1, 1974, but available for retail sale following March 1, 1974.'; The standard will apply only to helmets manufactured on or after it effective date, it will not apply to helmets manufactured before its effective date but sold to the public after that date. Accordingly, you will be free to sell after the standard's effective date any helmets you have in stock which were manufactured before the standard's effective date.; 4. 'What mechanism do you foresee being set up to police our industr to assure the public of continued compliance?'; 5. 'In the event that a helmet is tested by DOT and found to b deficient with respect to the DOT requirements, we would like to know what action would be taken by DOT?'; Once any Federal Motor Vehicle Safety Standard becomes effective violations of such regulations are federally enforced. The National Highway Traffic Safety Administration (NHTSA) purchases items covered by the standard in the open market, and tests them for compliance. Under section 109(a) of the National Traffic and Motor Vehicle Safety Act of 1966, whoever violates any regulation issued under the Act, including selling nonconforming equipment, shall be subject to a civil penalty of not more than $1,000 for each violation to a maximum of not more than $400,000 for any related series of such violations.; 6. 'Presently our helmets are marketed as universal size with sizin bands included. Per section 5.6.1 (labeling), we are required to show the size of the helmet. We are somewhat at a loss as to which size we would show, since the helmet can be either small, medium, or large at the selection of the purchaser. Would you please comment?'; If the size of a helmet is adjustable, then the range of sizes withi which it can be adjusted must be given.; 7. 'Would you please furnish us with the method and the name of th person or persons whom we would communicate with for specific interpretation of the individual sections of this standard?'; Lawrence R. Schneider, Chief Counsel, National Highway Traffic Safet Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.; 8. 'Could you provide us with a list of DOT approved testing agencies?' Neither the DOT nor the NHTSA certify or approve testing agencies. Th basis upon which a manufacturer determines whether his product conforms to a standard is a matter within his own discretion.; 9. 'Does this standard supersede and set aside the current Stat regulations pertaining to motorcycle helmets?'; The motorcycle helmet standard is a comprehensive regulation coverin all relevant aspects of safety performance. Any State or local requirements for the design or performance of motorcycle helmets must be identical to the requirements of the Federal standard when that standard becomes effective. Any differing requirements will be void.<<<; A copy of the National Traffic and Motor Vehicle Safety Act of 1966 which includes the referenced sections you are concerned about, and a copy of the delegation of authority at 49 CFR 1.51 are enclosed in accordance with your request.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam1273OpenMr. Virgil V. Stanciu, Executive Vice President, Falcon Enterprises, Inc., 3960 South Marginal Road, Cleveland, OH 44114; Mr. Virgil V. Stanciu Executive Vice President Falcon Enterprises Inc. 3960 South Marginal Road Cleveland OH 44114; Dear Mr. Stanciu: This is in reply to your letter of September 6, 1973, concerning Moto Vehicle Safety Standard No. 218, 'Motorcycle Helmets.' You raise several questions in your letter which are restated below.; >>>1. 'It is our understanding that we are not required to seek o secure prior DOT approval to market helmets manufactured after March 1, 1974, but that we must satisfy ourselves that our product meets this specification. Is this correct?'; Yes. 2. 'It is also our understanding the DOT does not issue any approval o certification even if we present documents of compliance. Is this correct?'; Yes. 3. 'We are interested in your comments as far as the disposition o existing inventory of helmets manufactured prior to March 1, 1974, but available for retail sale following March 1, 1974.'; The standard will apply only to helmets manufactured on or after it effective date, it will not apply to helmets manufactured before its effective date but sold to the public after that date. Accordingly, you will be free to sell after the standard's effective date any helmets you have in stock which were manufactured before the standard's effective date.; 4. 'What mechanism do you foresee being set up to police our industr to assure the public of continued compliance?'; 5. 'In the event that a helmet is tested by DOT and found to b deficient with respect to the DOT requirements, we would like to know what action would be taken by DOT?'; Once any Federal Motor Vehicle Safety Standard becomes effective violations of such regulations are federally enforced. The National Highway Traffic Safety Administration (NHTSA) purchases items covered by the standard in the open market, and tests them for compliance. Under section 109(a) of the National Traffic and Motor Vehicle Safety Act of 1966, whoever violates any regulation issued under the Act, including selling nonconforming equipment, shall be subject to a civil penalty of not more than $1,000 for each violation to a maximum of not more than $400,000 for any related series of such violations.; 6. 'Presently our helmets are marketed as universal size with sizin bands included. Per section 5.6.1 (labeling), we are required to show the size of the helmet. We are somewhat at a loss as to which size we would show, since the helmet can be either small, medium, or large at the selection of the purchaser. Would you please comment?'; If the size of a helmet is adjustable, then the range of sizes withi which it can be adjusted must be given.; 7. 'Would you please furnish us with the method and the name of th person or persons whom we would communicate with for specific interpretation of the individual sections of this standard?'; Lawrence R. Schneider, Chief Counsel, National Highway Traffic Safet Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.; 8. 'Could you provide us with a list of DOT approved testing agencies?' Neither the DOT nor the NHTSA certify or approve testing agencies. Th basis upon which a manufacturer determines whether his product conforms to a standard is a matter within his own discretion.; 9. 'Does this standard supersede and set aside the current Stat regulations pertaining to motorcycle helmets?'; The motorcycle helmet standard is a comprehensive regulation coverin all relevant aspects of safety performance. Any State or local requirements for the design or performance of motorcycle helmets must be identical to the requirements of the Federal standard when that standard becomes effective. Any differing requirements will be void.<<<; A copy of the National Traffic and Motor Vehicle Safety Act of 1966 which includes the referenced sections you are concerned about, and a copy of the delegation of authority at 49 CFR 1.51 are enclosed in accordance with your request.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4214OpenMr. Donald L. Anglin, 706 Rose Hill Drive, Charlottesville, VA 22901; Mr. Donald L. Anglin 706 Rose Hill Drive Charlottesville VA 22901; Dear Mr. Anglin: Thank you for your letter of August 7, 1986, concerning th applicability of our regulations to the repair of fuel tanks. You specifically asked whether our regulations prohibit the repair of automotive fuel tanks made of plastic. As explained below, a dealer or motor vehicle repair shop can make repairs to plastic and other types of vehicle fuel tanks.; Manufacturers must certify that their new vehicles comply with al applicable safety standards. Federal Motor Vehicle Safety Standard No. 301, *Fuel System Integrity* sets performance requirements for new vehicles with a gross vehicle weight rating of 10,000 pounds or less. Manufacturers of these vehicles are free to use fuel tanks made of any type of material, such as metal or plastic, as long as the fuel system can meet all of the performance requirements of the standard.; Repair of a fuel tank in a new vehicle, which, for example, sustaine damage in shipment, would be affected by Standard No. 301. If a fuel tank is repaired prior to a new vehicle being sold for the first time to a consumer, the person making the repairs would be considered a vehicle alterer under our regulation on certification (Part 567, a copy of which is enclosed). As an alterer, the person must certify that the fuel system, as altered, continues to comply with all of the applicable requirements of Standard No. 301.; After a vehicle is first sold to a consumer, repairs to a vehicle ar potentially affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with safety equipment installed on a vehicle in compliance with our standards. However, the agency has not applied the prohibition of that section to the repair of a fuel tank which has been previously installed in a vehicle and damaged in use. The agency has considered the event that damaged the fuel tank and not any subsequent action by a person repairing the damaged fuel tank in a used vehicle, as the event which rendered inoperative the compliance of the fuel tank with the standard. Thus, there is no Federal regulation which would prohibit the repair of a fuel tank which has been damaged in use.; In addition, section 108(a)(2)(A) does not affect vehicle owners, wh may themselves alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may repair fuel tanks regardless of whether the repairs adversely affect the fuel system. The agency, however, urges vehicles owners not to take actions that would degrade the performance of required safety features. Please note also that individual States govern the operational use of vehicles by their owners. Therefore, it is within the authority of the States to preclude owners from repairing the fuel systems in their vehicles.; If you need further information, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam5406OpenMr. Larry Wessels President Rocky Mountain Technology Engineering Corporation P.O. Box 280307 Lakewood, CO 80228-0307; Mr. Larry Wessels President Rocky Mountain Technology Engineering Corporation P.O. Box 280307 Lakewood CO 80228-0307; "Dear Mr. Wessels: This responds to your letter requesting a interpretation about the use of your product, the 'Handi-Slide.' You state that your invention is a locking system for securing and releasing a sliding semitrailer undercarriage. You further state that the system is tied into the trailer's air brake system. I am pleased to have this opportunity to explain our regulations to you. By way of background, the National Highway Traffic Safety Administration (NHTSA) administers Federal requirements for the manufacture and sale of new motor vehicles and items of motor vehicle equipment. NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Instead, the National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards (FMVSS's). This process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. NHTSA tests vehicles and equipment sold to consumers for compliance with the FMVSS's and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which your product is installed on a new vehicle by the vehicle manufacturer.) A manufacturer of a noncomplying product that is subject to an FMVSS is also subject to a civil penalty of up to $1,000 for each noncomplying item it produces. I have enclosed an information sheet that highlights the responsibilities of motor vehicle equipment manufacturers. NHTSA does not have any specific FMVSS for semitrailer undercarriages. However, since the Handi-Slide is tied to a vehicle's air brake system, your product could affect a vehicle's compliance with Standard No. 121, Air Brake Systems. That standard applies to new trucks, buses, and trailers equipped with air brake systems, and specifies performance and equipment requirements for the braking systems on these vehicles. Your product could also affect the vehicle's compliance with Standard No. 106, Brake Hoses, which specifies requirements for the air brake hoses, fittings and assemblies on the vehicle. If the Handi-Slide 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 Standards No. 121 and 106. If the device were added to a previously certified new motor vehicle prior to its first consumer purchase, then 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. If the Handi-Slide were installed on a used vehicle by a manufacturer, distributor, dealer, or motor vehicle repair business, then the installer would not be required to attach a certification label. However, 108(a)(2)(A) of the Safety Act requires the installer not to 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 FMVSS. Section 108(a)(2)(A) does not apply to vehicle owners modifying their own vehicles. I note that you provide an attachment titled 'Current NHTSA Locking Pin Safety Concerns' that references several Federal Motor Carrier Safety Regulations. Please note that these regulations are administered by the Federal Highway Administration (FHWA), not NHTSA. If you are interested in the FHWA requirements, you can write to that agency at the address provided in the enclosed information sheet. I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting 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.