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: aiam2387OpenMr. W. M. Albergotti, Manager, Gibbes Machinery Co., Assembly-Blossom-Park & Wheat Streets, P.O. Box 648, Columbia, SC 29202; Mr. W. M. Albergotti Manager Gibbes Machinery Co. Assembly-Blossom-Park & Wheat Streets P.O. Box 648 Columbia SC 29202; Dear Mr. Albergotti: This responds to your August 3, 1976, request for guidance i establishing a basis for certification to Standard No. 121, *Air Brake Systems*, in the case of a truck whose frame and wheelbase is increased by 36 inches. You stated that, in this case, you will not complete the vehicle, but you ask what your responsibilities would be if you completed the vehicle with a used body that was provided by a dealer or a private party.; Because you are modifying an incomplete vehicle by extension of th frame and wheelbase but not completing it, you are considered an incomplete vehicle manufacturer for purposes of certification (49 CFR Part 568, *Vehicles Manufactured in Two or More Stages). Under Part 568, an incomplete vehicle manufacturer is required to pass along the incomplete vehicle document that accompanies the chassis-cab, and to furnish an addendum to it if the validity of the statements in the document has been affected by modifications you made.; Because you would move the rear axles and thereby affect the air brak system, you may need to furnish an addendum to indicate what statements in the document concerning Standard No. 121 should be changed. Assuming, for example, that the General Motors' document states that the vehicle conforms to the standard as long as no changes are made and the center of gravity location is limited, you must determine whether the changes you made have affected the validity of this statement. If the person who completes the vehicle could continue to observe the limitations established by General Motors in the incomplete vehicle document and produce a conforming vehicle, no addendum would be necessary. If, on the other hand, your modifications require new directions to the final stage manufacturer, an addendum must be added.; Although you asked only about compliance with Standard No. 121, i should be noted that a change in the vehicle's wheelbase could also affect compliance with other standards and could require a modification of the Gross Vehicle Weight Rating and Gross Axle Weight Ratings of the vehicle.; If you complete a vehicle for a dealer or an owner, you would b considered the manufacturer of the vehicle and therefore be required to certify its conformity with all applicable standards. This requirement is set forth in S 114 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S 1403). The Act requires that manufacturers exercise 'due care' to ensure that their products conform to the standard (15 U.S.C. 1397(b)(1)). What constitutes 'due care' in a particular case depends on all relevant facts, including such things as the availability of test equipment, the limitations of current technology, and above all the diligence evidenced by the manufacturer.; As a general response to your question, if testing facilities are no available to an intermediate or final-stage manufacturer, or the cost of his testing a vehicle directly to the requirements of Standard No. 121 is prohibitive, such a company should develop an alternative method of determining that his alterations do not take a vehicle out of compliance with the standard. These methods might include testing of typical installations by independent contractors working with associations of companies such as the Truck Body Equipment Association, engineering calculations by yourself or your brake and axle suppliers, or copying of installations that have been approved by chassis manufacturers.; With regard to the use of a used body, the NHTSA considers the mountin of a used body on a new chassis to be the manufacture of a new vehicle. Thus, the completed vehicle must be certified to all applicable standards, including Standard No. 121. In order to do this, you must know the center of gravity of the loaded body in order to determine whether it would, when mounted, exceed the limitations that appear in the incomplete vehicle document on the subject on center-of-gravity height. In the absence of any data, it would seem that a calculation of the center of gravity could be made, provided that due care is exercised.; Thank you for your responsible approach to meeting the requirements o the National Traffic and Motor Vehicle Safety Act. Your letter to the NHTSA is an indication of your diligence in meeting your responsibility to exercise due care.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam4650OpenMr. David G. Gould Legislation Department Lotus Engineering Hethel, Norwich, Norfolk NR14 8EZ ENGLAND; Mr. David G. Gould Legislation Department Lotus Engineering Hethel Norwich Norfolk NR14 8EZ ENGLAND; "Dear Mr. Gould: Thank you for your letter asking whether a worl manufacturer identifier (WMI) assigned by the Society of Automotive Engineers (SAE) pursuant to a contract with this agency may be deleted from SAE's register of assigned WMIs upon request of a foreign national governmental agency, but without the consent of the holder of the WMI. Absent some extraordinary circumstances, the answer to your question is no. 49 CFR Part 565, Vehicle Identification Number - Content Requirements, sets forth format and content requirements for vehicle identification numbers (VINs). Section 565.4(a) specifies that the first three characters of the VIN shall be the manufacturer's WMI, which is 'assigned in accordance with /565.5(c) of this part.' Section 565.5(c) specifies that the SAE assigns WMIs to vehicle manufacturers under contract with the National Highway Traffic Safety Administration (NHTSA). No provision in NHTSA's regulations sets forth any procedures for deleting assigned WMIs from the SAE register upon the request of any party, even the manufacturer assigned the WMI. Similarly, no provision in the contract specifically addresses the issue of deleting assigned WMIs for any reason. In its contract with NHTSA, SAE has agreed to 'furnish the facilities, materials, personnel and services necessary to accomplish the work...' We contacted the SAE's WMI Coordinator to learn how they have handled this situation in the past. We were informed that the WMIs are assigned by the SAE for an indefinite period with no express provision for revocation of the assignment. There have been a few isolated instances in which the party to whom a WMI was assigned has contacted SAE and asked that the WMI assignment be revoked. In those instances, the SAE has granted the manufacturer's request but the revoked WMI is never reassigned to another manufacturer. To date, SAE has never been asked to delete an assigned WMI by any party other than the manufacturer to whom the WMI was assigned. If a situation arose in which the SAE was asked to delete an assigned WMI without the knowledge and consent of the manufacturer to whom the WMI was assigned, the SAE assures us that they would not act on the request without consulting this agency. If and when we are ever consulted by SAE for our opinion on how to handle such a request, we would carefully consider the circumstances of the particular case before advising SAE on how to respond to the request. As a general matter, however, NHTSA does not favor the deletion of assigned WMIs for any reason. Sincerely, Stephen P. Wood Acting Chief Counsel"; |
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ID: aiam5418OpenMr. Lance Tunick 1919 Mt. Zion Drive Golden, CO 80401; Mr. Lance Tunick 1919 Mt. Zion Drive Golden CO 80401; FAX 303-279-9339 Dear Mr. Tunick: This responds to your letter of Jul 18, 1994, to Taylor Vinson of this Office, with respect to whether the headlamp system you describe complies with Federal Motor Vehicle Safety Standard No. 108. The system is comprised of two headlamps. In each lamp, the lower beam will be provided by a gas discharge unit and the upper beam by either one European H-1 unit, or by the H-1 together with the gas discharge unit (or, alternatively, by two gas discharge units). Both lamp units would be sealed in a 'box' so that they could not be replaced by the vehicle owner. The 'box' would also contain a third light source, mounted outboard of the lower beam gas discharge unit, to be used for purposes other than headlighting. As you note, this assemblage is an 'integral beam headlamp' as defined by S4 of Standard No. 108 because it contains light sources that are neither sealed beam nor replaceable. Thus, it must conform with the requirements of S7.4 Integral Beam Headlighting System. You have noted that the lamp, in fact, will 'comply with S7.4(a)(2) and the photometric requirements of either (a)(2)(i) or (a)(2)(ii)', which apply to two-lamp integral beam headlighting systems. In your view, the lamp meets the requirement of Table IV that the lower beams be mounted 'as far apart as practicable' because the configuration of the car body does not permit mounting the gas discharge unit any farther outboard. Further, the lamp 'would be in conformity with S7.4(b) as the lamp would have 2 light sources and the lower beam would be provided by the most outboard light source of those regulated by Standard No. 108 . . . and the upper beam would be provided by either the most inboard light source or both the gas discharge' and H-1 light sources. We concur in your conclusion that this system is permissible under Standard No. 108. Sincerely, John Womack Acting Chief Counsel; |
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ID: aiam2874OpenMr. Neil McCormick, Colorado Department of Education, 201 E. Colfax, State Office Building, Denver, CO 80203; Mr. Neil McCormick Colorado Department of Education 201 E. Colfax State Office Building Denver CO 80203; Dear Mr. McCormick: This responds to your September 22, 1978, letter asking whether th Federal government has any school bus safety standards that would prevent the State of Colorado from regulating in two areas.; A State is not permitted to have any regulation concerning an area o safety regulated by the Federal government unless the State regulation is identical to the Federal standard or imposes a higher standard of care than the Federal regulation and applies only to vehicles purchased for use by the State. With respect to the body diagonal strength test proposed in your letter, the agency does not regulate that aspect of performance. Therefore, the State of Colorado is permitted to regulate this aspect as long as its regulation does not conflict with any Federal standard.; Your second proposal would define 'activity bus' in a manner that woul except it from State requirements for lighting and color but would continue to require it to be constructed in accordance with the Federal school bus safety standards. Highway Safety Program Standard No. 17 formerly granted activity buses the option of meeting all of the color and marking requirements for school buses or none of those requirements. That standard has been changed with respect to this option. All activity buses manufactured after April 1, 1978, must comply with all of the requirements applicable to school buses including the color and lighting requirements. Therefore, it is the opinion of the agency that your proposed definition of activity bus would conflict with Standard No. 17.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam4655OpenMr. John K. Moody Moody & Moody Enterprises 1027 Lochmont Drive Brandon, FL 33511; Mr. John K. Moody Moody & Moody Enterprises 1027 Lochmont Drive Brandon FL 33511; Dear Mr. Moody: This is in reply to your letter of August 30, l989, t Taylor Vinson of this Office with respect to your forward direction brake application indicator. The device will be available as an aftermarket kit. The two front turn signal lamps are wired to be activated in a steady-burning mode when the brake pedal is depressed. If the turn signals are activated when the brake pedal is depressed, the lamp indicating the direction of the turn will switch from the steady-burning mode to the turn signal mode, while the other turn signal lamp remains steady-burning. This will provide an indication at the front of a motor vehicle as to whether or not the driver is attempting to apply the brakes. You have asked whether vehicles equipped with the device would be in conflict with the existing vehicle lighting standards of this agency. There is no Federal motor vehicle safety standard that applies to aftermarket lighting equipment of the nature that you describe. However, installation of the device would involve modifications to a vehicle certified as meeting the Federal standards, most particularly Standard No. 108, the vehicle lighting standard. Under the National Traffic and Motor Vehicle Safety Act, a vehicle owner may alter his vehicle with impunity, however, modifications to certified vehicles by manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to the restriction that they not render inoperative, in whole or in part, equipment installed pursuant to a Federal motor vehicle safety standard. We have two comments on your device. The first is that you have not described its effect, if any, on the hazard warning system. This system operates through the turn signal lamps, and is activated by a switch that is separate from the turn signal switch. When activated, the hazard warning switch causes the front and rear turn signal lamps to flash. The front turn signal lamps in the hazard warning system, when activated, must flash, even when the brake pedal is applied. If they do not do so when your device is installed, they would be 'inoperative' within the meaning of the prohibition. Our second comment concerns the fact that in the turn signal mode the unused turn signal lamp would continue to be illuminated when the brake pedal is applied. Thus, an observer would see a flashing turn signal and a steady burning one, whereas with an ordinary vehicle, the observer would see only the flashing turn signal. Whether the presence of the steady burning turn signal on the side of the vehicle opposite the flashing turn signal would detract from the effectiveness of the flashing turn signal, and by obscuring its message make it 'partially inoperative', is difficult to judge. Certainly, when a vehicle is signaling a turn, it does not appear necessary to also indicate, to the front, that it is stopping. These remarks also serve as some comments of this Office as to 'safety benefits' that might result from vehicles equipped with your device. Certainly, no standard lighting equipment on vehicles today indicate from the front that the brake pedal is being applied. This is an interesting concept, and we appreciate your interest in enhancing motor vehicle safety. Sincerely, Stephen P. Wood Acting Chief Counsel; |
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ID: aiam5216OpenMr. Kenneth E. Ross 752 Hillpine Terrace Atlanta, GA 30306; Mr. Kenneth E. Ross 752 Hillpine Terrace Atlanta GA 30306; "Dear Mr. Ross: This responds to your letter requesting informatio about a product that attaches to an automobile's back window. In a telephone conversation with Marvin Shaw of my staff, you stated that your product is a two to three inch high LED sign that extends along most of the rear window. The sign displays any message that the driver chooses. While we do not have information about State or local laws, I am pleased to have this opportunity to explain the applicability of Federal law on your product. 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 does not, however, approve or certify any vehicles or items of equipment. Instead, the National Traffic and Motor Vehicle Safety Act ('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 (FMVSSs). In response to your question, NHTSA currently has no FMVSSs that directly apply to the product you wish to manufacture. I note, however, that there are other Federal requirements that indirectly affect you and your product. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Automotive accessory equipment that a dealer adds before sale of a vehicle must not create a noncompliance with the FMVSSs to which the vehicle manufacturer has certified compliance. For instance, your LED sign should be mounted so that it does not block the field of view required by FMVSS No. 111, Rearview Mirrors. Similarly, for the vehicle to remain in compliance, your system must not impair the effectiveness of the lighting equipment required by FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. In particular, the placement of your sign might impair the effectiveness of the center highmounted stop lamp (CHMSL) if it can be operated simultaneously with the CHMSL or at a time when the turn signals are flashing. In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 108(a)(2)(A) of the Safety Act, which 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 ....' It is conceivable that your product, when placed on a vehicle's rear window, could 'render inoperative' the vehicle's ability to comply with FMVSS No. 108 and FMVSS No. 111. Persons in the aforementioned categories that install your product must ensure that such installation does not render inoperative the safety protection provided by the applicable standards. Specifically, your product should be mounted so that it does not interfere with the CHMSL or turn signal lamps nor block the field-of-view required by FMVSS No. 111. The 'render inoperative' prohibition of 108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your product were placed on a rear window by the vehicle owner, then the render inoperative provision would not apply. Nevertheless, in the interest of safety, you should ensure that your product does not adversely affect a vehicle's rear lamps or rearward visibility. We are unable to advise you as to whether the laws of any State address this topic. You should consult the American Association of Motor Vehicle Administrators for an opinion. Its address is 4600 Wilson Boulevard, Arlington, Va. 22203. I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam5218OpenMr. Kenneth E. Ross 752 Hillpine Terrace Atlanta, GA 30306; Mr. Kenneth E. Ross 752 Hillpine Terrace Atlanta GA 30306; "Dear Mr. Ross: This responds to your letter requesting informatio about a product that attaches to an automobile's back window. In a telephone conversation with Marvin Shaw of my staff, you stated that your product is a two to three inch high LED sign that extends along most of the rear window. The sign displays any message that the driver chooses. While we do not have information about State or local laws, I am pleased to have this opportunity to explain the applicability of Federal law on your product. 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 does not, however, approve or certify any vehicles or items of equipment. Instead, the National Traffic and Motor Vehicle Safety Act ('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 (FMVSSs). In response to your question, NHTSA currently has no FMVSSs that directly apply to the product you wish to manufacture. I note, however, that there are other Federal requirements that indirectly affect you and your product. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Automotive accessory equipment that a dealer adds before sale of a vehicle must not create a noncompliance with the FMVSSs to which the vehicle manufacturer has certified compliance. For instance, your LED sign should be mounted so that it does not block the field of view required by FMVSS No. 111, Rearview Mirrors. Similarly, for the vehicle to remain in compliance, your system must not impair the effectiveness of the lighting equipment required by FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. In particular, the placement of your sign might impair the effectiveness of the center highmounted stop lamp (CHMSL) if it can be operated simultaneously with the CHMSL or at a time when the turn signals are flashing. In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 108(a)(2)(A) of the Safety Act, which 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 ....' It is conceivable that your product, when placed on a vehicle's rear window, could 'render inoperative' the vehicle's ability to comply with FMVSS No. 108 and FMVSS No. 111. Persons in the aforementioned categories that install your product must ensure that such installation does not render inoperative the safety protection provided by the applicable standards. Specifically, your product should be mounted so that it does not interfere with the CHMSL or turn signal lamps nor block the field-of-view required by FMVSS No. 111. The 'render inoperative' prohibition of 108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your product were placed on a rear window by the vehicle owner, then the render inoperative provision would not apply. Nevertheless, in the interest of safety, you should ensure that your product does not adversely affect a vehicle's rear lamps or rearward visibility. We are unable to advise you as to whether the laws of any State address this topic. You should consult the American Association of Motor Vehicle Administrators for an opinion. Its address is 4600 Wilson Boulevard, Arlington, Va. 22203. I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam4918OpenMr. Robert A. Nordmeyer Nordic Associates P.O. Box 925 Woodland Hills, CA 91365; Mr. Robert A. Nordmeyer Nordic Associates P.O. Box 925 Woodland Hills CA 91365; "Dear Mr. Nordmeyer: This responds to your September 18, 1991 letter t NHTSA's Rulemaking office concerning your design for an aftermarket sun visor. Your letter has been referred to me for reply. The National Traffic and Motor Vehicle Safety Act authorizes our agency to issue Federal motor vehicle safety standards that apply to new motor vehicles and items of motor vehicle equipment. The Act also authorizes us to require the recall and remedy of any motor vehicle or item of motor vehicle equipment that contains a safety defect. There is currently no Federal motor vehicle safety standard that applies to an aftermarket sun visor. The safety standards relating to sun visors (Standard 201, Occupant Protection in Interior Impact, and 302, Flammability of Interior Materials) apply only to new motor vehicles and not to items of aftermarket equipment. The sun visor in a new vehicle is regulated by Standard 201, which requires that the visor be 'constructed of or covered with energy-absorbing material' and that the visor's mounting must 'present no material edge radius of less than 0.125 inch that is statically contactable by a spherical 6.5-inch diameter head form.' The purpose of that requirement is to reduce the injuries that occur when unrestrained occupants strike the visor or its mounting with their heads. If your sun visor were installed by the manufacturer of a new motor vehicle, the visor would have to comply with the visor requirements of Standard 201. I am enclosing a copy of the standard for your review. Standard 302 requires sun visors in new vehicles to meet the flammability resistance requirements of the standard. The standard specifies that the material used on the visor must not burn at a rate of more than four inches per minute. A copy of the standard is enclosed. Although your sun visor would be sold in the aftermarket, not as an item of original equipment, Standards 201 and 302 can nonetheless affect persons who install the visor. The Safety Act provides that a person who manufactures, distributes, sells or repairs motor vehicles cannot 'render inoperative' a regulated device such as a sun visor or its mountings. If a repair shop were to remove a vehicle's sun visor and replace it with your visor, the shop would be in violation of the Act unless your visor complied with the standards. An individual owner may install a visor in his or her own vehicle without regard to the standards. You should also be aware that our safety defect authority has a bearing on the manufacture and sale of your visor. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. A manufacturer of motor vehicle equipment is subject to the requirements in sections 151-159 of the Act concerning the recall and remedy of products with safety defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that NHTSA or a manufacturer determines that the manufacturer's product contain a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Please contact us if you have further questions. Sincerely, Paul Jackson Rice Chief Counsel Enclosures"; |
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ID: aiam5471OpenMs. Melinda Dresser Manager Contracts/Transportation Carlin Manufacturing, Inc. 3714 N. Valentine Fresno, CA 93722; Ms. Melinda Dresser Manager Contracts/Transportation Carlin Manufacturing Inc. 3714 N. Valentine Fresno CA 93722; "Dear Ms. Dresser: We have received your letter of November 28, 1994 asking whether the exterior lighting of six Oscar Mayer 'Wienermobiles' that your company is manufacturing conforms to applicable Federal motor vehicle safety standards. You have enclosed diagrams showing the location of the exterior lighting devices. Under 49 U.S.C. Chapter 301 - Motor Vehicle Safety, the determination of whether a vehicle conforms with all applicable Federal motor vehicle safety standards is that of the manufacturer who, pursuant to 49 U.S.C. 30115, must certify compliance of the vehicle with those standards upon completion of manufacture. NHTSA has no authority to approve or disapprove specific vehicle designs. We do, however, provide interpretations of our standards to manufacturers upon request. The appropriate standard here is Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. Your letter does not state whether Carlin has classified the Wienermobile as a 'passenger car' or as a 'truck'. We believe that the vehicle is a 'truck' within the meaning of 49 CFR 571.3(b) because it appears to be 'designed primarily for the transportation of property or special purpose equipment', rather than for the transportation of passengers, and that its overall width of 94 inches makes it more appropriate for the Wienermobile to meet wide vehicle lighting requirements. Therefore, the Wienermobile must be equipped with the lighting equipment specified in Table I of Standard No. 108, and located as specified in Table II, the requirements for trucks whose overall width is 80 inches or more. This means that they must be equipped with the front and rear clearance and identification lamps that Table I requires for wide trucks, these lamps do not appear on your drawings. In addition, all four-wheeled motor vehicles are required to have hazard warning/turn signal lamps and we don't see these lamps either on the drawings. With respect to front lighting equipment that is depicted, we note that supplementary lighting equipment such as fog lamps and the 'front marker light' are permissible under Standard No. 108 if the manufacturer determines that they do not impair the effectiveness of the lighting equipment required by Standard No. 108, in this instance, the headlamps. In the absence of a clearly erroneous determination, NHTSA will accept the manufacturer's judgment on impairment. Trucks that are subject to Table II need not be equipped with a center high-mounted stop lamp or parking lamps, if that is the purpose of the front marker lamp. We hope that these comments will be helpful. If you have any other questions, please contact Mr. Taylor Vinson of my staff at this address or by phone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel"; |
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ID: aiam2415OpenMr. Ronald W. Cooke, Engineering Manager, E. Edelmann & Co., Route 38, Airport Industrial Park, Dixon, IL 61021; Mr. Ronald W. Cooke Engineering Manager E. Edelmann & Co. Route 38 Airport Industrial Park Dixon IL 61021; Dear Mr. Cooke: Thank you for your letter of August 19, 1976, to Dr. James B. Gregory requesting information on aftermarket gas caps as they relate to compliance with Federal Motor Vehicle Safety Standard (FMVSS), No. 301. Your inquiry has been forwarded to this office for reply. Apparently your letter of May 26, 1976, was either lost or misdirected, as we can find no record of it in our files, and we sincerely apologize for this delay in responding to your inquiry.; The National Highway Traffic Safety Administration does not regulat vehicle fuel tank caps as such, however, FMVSS No. 301, Fuel System Integrity, specifies performance requirements to assure the integrity of the entire vehicle fuel system (which includes the fuel tank cap) in various crash modes.; Thus, if installation of your replacement cap is accomplished prior t the first purchase of the vehicle for purposes other than resale causing the vehicle's fuel system not to be in compliance with the applicable safety standard, the person installing the cap or offering the vehicle for sale would be in violation of S108(a)(1) of the National Traffic and Motor Vehicle Safety Act (Pub. L. 89-503). That would make the installer or seller subject to civil penalties of up to $1,000 for each violation.; Recent amendments to the Traffic Safety Act (Pub. L. 932-492) prohibi any manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering 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 motor vehicle safety standard (S108(a)(2)(A)). Thus, it is illegal for any of the above named persons to install a fuel tank cap that he knows will cause the vehicle to be in non-compliance with the fuel system integrity standard. Federal Law does not, however, prohibit the owner of a vehicle from purchasing and installing a fuel tank cap of his choice on his own vehicle, even though he may compromise the Fuel System Integrity Standard.; We are interested in any information regarding safety problem associated with replacement gas caps as a basis for further action. If you could provide any such information, we would be most grateful.; Thank you for sharing your thoughts with us. Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs; |
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.