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: aiam2650OpenMr. David Sapp, Assistant General Counsel, Texas Automobile Dealers Association, 1108 Lavaca, P.O. Box 1028, Austin, TX 78767; Mr. David Sapp Assistant General Counsel Texas Automobile Dealers Association 1108 Lavaca P.O. Box 1028 Austin TX 78767; Dear Mr. Sapp: This responds to your August 4, 1977, letter asking whether a deale who assembles a 'kit-car' on a chassis would be considered a manufacturer of a motor vehicle for purposes of compliance with Federal safety standards.; Manufacturer is defined in the National Traffic and Motor Vehicl Safety Act of 1966 (the Act) (15 U.S.C. 1381) as 'any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment....' Therefore, a dealer who assembles 'kit-cars' would be considered a manufacturer for purposes of the Act since he is assembling motor vehicles. However, if the chassis on which the kit-car is assembled is from another used vehicle, the completed kit-car vehicle would be considered used and its assembler would not be considered a manufacturer under the Act.; The Act prohibits the manufacture for sale or introduction int interstate commerce of any new motor vehicle that does not comply with all applicable Federal motor vehicle safety standards. Therefore, if the vehicle the dealer assembles is going to be used as a means of transportation on the road, it must be certified as conforming with all applicable safety standards. The mere use of a vehicle on public highways constitutes an introduction into interstate commerce and is prohibited unless compliance with the safety standards has been achieved.; Part 567.4(g)(1)(ii) of the certification regulations provides th producer of the kit with an option as to whether or not he certifies that the vehicle will comply with all applicable safety standards if completed according to his instructions. If the producer of the kit takes the responsibility of certifying the completed vehicle, the assembler of the vehicle must exercise reasonable care in following the instructions he provides.; For your information I have enclosed a sheet entitled 'Where to Obtai Motor Vehicle Safety Standards and Regulations' which will direct you to the proper source for obtaining a copy of the safety standards and regulations.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam0961OpenMr. David C. Williams, Vice President, Eastman Chemical Products, Inc., Kingsport, TN 37662; Mr. David C. Williams Vice President Eastman Chemical Products Inc. Kingsport TN 37662; Dear Mr. Williams: This is in reply to your letter of December 15, 1972, requesting a opinion as to whether certain identification marks and certification statements Eastman Chemical plans to use in marketing Uvex plastic sheet will conform to Standard No. 205, 'Glazing Materials', as amended November 11, 1972, 1972 (37 F.R. 24035), and to section 114 of the National Traffic and Motor Vehicle Safety Act, which requires the certification of motor vehicles and equipment as conforming to applicable standards. You submit two sample markings: one for use by Eastman when it sells that material to further manufacturers, whom you refer to as 'fabricators', and one for use by persons other than Eastman. Similarly, you submit two certification statements, one for use by Eastman, and the other for use by its customers.; Based upon our previous dealings with Eastman regarding this product it does not seem to us that a person other than Eastman Chemical can be considered the 'fabricator' of Uvex sheet. The term 'fabricate', which is used along with 'laminate and temper' to distinguish prime glazing material manufacturers from other manufacturers, is used in the standard in its ordinary dictionary meaning, which we consider to be 'manufactures' or 'creates'. Accordingly, we have assumed Eastman to be the prime manufacturer of the material in answering the questions you raise.; The markings which you indicate will be used by Eastman will conform t the requirements of paragraph S6.1 of Standard No. 205 (assuming the letters and numbers conform to the size requirements of Section 6 of ANS Z26). If the material is to be used as a component of a specific motor vehicle or camper Eastman would be required, after April 1, 1973, to conform to paragraph S6.2 as well, by including in the mark Eastman's assigned DOT code number.; The label stamp you will supply to your customers will conform to th requirements of S6.4.; With respect to the statements you plan to use for certificatio purposes, we believe them to be unnecessarily ambiguous, and therefore to be of doubtful legal effect in meeting the certification requirement. It is the responsibility of Eastman to certify the conformity of the product to the standard. The basis for that certification is the manufacturer's entire process from design to final production. Tests which show that the material conforms are only one factor in the situation, and reference to them in the certification statement is inappropriate. We feel similarly with respect to your statement that you certify the material as meeting 'high manufacturing standards.' We recommend you certify with the statement, 'This material conforms to all applicable Federal motor vehicle safety standards.' In cases where the material will be altered by other manufacturers, they can, where possible, allow this label to remain in place, or affix a new label with the same statement.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5082OpenMr. Paul Gould Senior Engineer - Friction Materials Lucas Heavy Duty Braking Systems Grange Road Cwmbran, Gwent South Wales NP44 3XU Great Britain; Mr. Paul Gould Senior Engineer - Friction Materials Lucas Heavy Duty Braking Systems Grange Road Cwmbran Gwent South Wales NP44 3XU Great Britain; "Dear Mr. Gould: This responds to your letter asking about th dynamometer requirements of Federal Motor Vehicle Safety Standard No. 121, Air Brake Systems (49 CFR 571.121). You requested clarification of the term 'average deceleration rate' and its tolerance, particularly with respect to the brake power test (S5.4.2). You stated that you view the specified deceleration rate as 'only a target' in order to fade the linings, and believe that it is acceptable to conduct tests at five percent below the specified rate. 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. The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act) authorizes this agency 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 meet all applicable safety standards. Manufacturers must have some independent basis for their certification that a product complies with all applicable safety standards. This does not necessarily mean that a manufacturer must conduct the specific tests set forth in an applicable standard. Certifications may be based on, among other things, engineering analyses, actual testing, and computer simulations. Whatever the basis for certification, however, the manufacturer must certify that the product complies with a standard as it is written, i.e., that the vehicle will pass all applicable requirements if it is tested exactly according to the standard's test conditions and other specifications. Standard No. 121's dynamometer test requirements are set forth in section S5.4. That section specifies that brake assemblies must meet the requirements of S5.4.1 (brake retardation force- -relevant only to towed vehicles), S5.4.2 (brake power), and S5.4.3 (brake recovery), under the conditions of S6.2. The purpose of the dynamometer test requirements is to help ensure that brakes retain adequate stopping capacity during and after exposure to conditions caused by prolonged or severe use, such as long, downhill driving. With respect to your question about the meaning of 'average deceleration rate,' that term is used in both S5.4.2 and S5.4.3. Section S5.4.2 specifies, for example, that each brake shall be capable of making 10 consecutive decelerations at an average rate of 9 f.p.s.p.s. from 50 mph to 15 mph, and shall be capable of decelerating to a stop from 20 mph at an average deceleration rate of 14 f.p.s.p.s. after the 10th deceleration. In S5.4, the meaning of average deceleration rate is explained as follows: For purposes of the requirements of S5.4.2 and S5.4.3, an average deceleration rate is the change in velocity divided by the decleration time measured from the onset of deceleration. We do not agree with your suggestion that the deceleration rates specified in Standard No. 121 are 'only a target' in order to fade the linings. As indicated above, manufacturers must certify that each vehicle complies with a standard as it is written, i.e., that the vehicle will pass all applicable requirements if it is tested exactly according to the standard's test conditions and other specifications. Thus, if a vehicle was unable to pass Standard No. 121's test requirements at the specified deceleration rates, it would not comply with the standard, notwithstanding the fact that it might be able to pass the standard's requirements at slightly lower deceleration rates. We recognize, however, that it may be difficult to achieve any exact deceleration rate in conducting a brake test. For this reason, the agency's Office of Vehicle Safety Compliance (OVSC) specifies tolerances in its Laboratory Test Procedures developed for use by contractors in conducting compliance tests for the agency. For the brake power and brake recovery tests (S5.4.2 and S5.4.3), the agency's current Laboratory Test Procedure specifies the following tolerances on deceleration rates: +0 to -1 ft/s/s, except for 12 ft/s/s: +0.5 ft/s/s. Enclosed for your information is a copy of the agency's Laboratory Test Procedure for Standard No. 121's dynamometer tests. On the issue of tolerances, I call your attention to the following statement at the beginning of the Laboratory Test Procedure: The OVSC Laboratory Test Procedures, prepared for use by independent laboratories under contract to conduct compliance tests for the OVSC, are not intended to limit the requirements of the applicable FMVSS(s). In some cases, the OVSC Laboratory Test Procedures do not include all of the various FMVSS minimum performance requirements. Sometimes, recognizing applicable test tolerances, the Test Procedures specify test conditions which are less severe than the minimum requirements of the standards themselves. Therefore, compliance of a vehicle or item of motor vehicle equipment is not necessarily guaranteed if the manufacturer limits certification tests to those described in the OVSC Laboratory Test Procedures. If you have any further questions, please feel free to call Mr. Marvin Shaw of my staff at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam4956OpenMr. James Hansen Model E Concepts P.O. Box 8051 Mesa, AZ 85214; Mr. James Hansen Model E Concepts P.O. Box 8051 Mesa AZ 85214; "Dear Mr. Hansen: This responds to your letter inquiring about th applicability of National Highway Traffic Safety Administration (NHTSA) regulations to the alteration of previously certified new and used motor vehicles. You stated that your company is considering the alteration of motor vehicles to a hybrid version of an electric powered vehicle. In altering the current vehicles, your company would remove the internal combustion engine and associated components (including the transmission on some vehicles) and replace them with an electric battery. To accommodate the added weight, you would change the suspension and brake systems and add aluminum beams to the vehicle, however, your company does not plan to cut or otherwise change the vehicle's original unibody structure. You indicated that you believe NHTSA's regulations would only require your company to affix to the vehicle an additional label stating its modified gross vehicle weight rating (GVWR) and gross axle weight rating (GAWR). I welcome this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. As you are aware, 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 certain 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 meet all applicable safety standards. The answer to your question depends upon whether the vehicles your company modifies are new (that is, the vehicles have not yet been sold to the first retail purchaser) or used (vehicles that have already been sold to and used by the first retail purchaser). With respect to your company's modifications of new vehicles, your company would be an 'alterer' for the purposes of NHTSA's laws and regulations. 49 CFR 567.7 requires an alterer of a new vehicle to supplement the original manufacturer's certification label, which must remain on the vehicle, by affixing an additional label. This label added by the alterer must state that the vehicle as altered continues to comply with all applicable safety standards. The added label must set forth the alterer's name and the date of the alterations. In addition, if after alteration, the vehicle classification or the vehicle's GVWR or GAWR differs from the information shown on the original certification label, then the alterer's label must reflect this new information. Your letter suggests that you believe your company must simply add a label showing the modified GVWR and GAWR of these vehicles. That is not entirely correct. Your company must also certify that the altered vehicle continues to comply with all applicable safety standards. An alterer must have some independent basis for this certification. This does not however mean that an alterer must conduct crash testing, even with respect to standards that include 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.' It may be difficult for your company to certify that the hybrid electric-powered vehicles your company produces will continue to comply with Standards No. 204, Steering Control Rearward Displacement, No. 208, Occupant Crash Protection, and the other crashworthiness safety standards that measure compliance during or after a 30 miles per hour rigid barrier crash test. The difficulty would arise because the weight your company would add to the vehicles during the alteration may result in more overall deformation of the vehicle during the crash test. To address these potential difficulties for electric vehicles, NHTSA published an advance notice of proposed rulemaking on whether and how the agency should modify its safety standards to account for electric vehicles. This advance notice was published on December 27, 1991 (56 FR 67038, copy enclosed). The comment period for this notice closes on March 27, 1992. Your company may wish to respond to our request for comments on this subject. Different requirements apply if you modify used vehicles. In that case, the requirements in 567.7 would not apply, because that regulation applies only to motor vehicles before the first retail purchase of the vehicle. Hence, your company is not required to affix an alterer's label to those used vehicles you convert into hybrid electric vehicles. Instead, the relevant requirements are set forth in 108(a)(2)(A) of the Safety Act. That section of Federal law provides that no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly 'render inoperative,' in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. For your information, I have also enclosed a general information sheet for new manufacturers that gives a thumbnail sketch of the relevant NHTSA regulations and explains how to get copies of those regulations. I hope this information is helpful. If you have any further questions or need some additional information on this subject, feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosures"; |
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ID: aiam0808OpenMr. W.J. Sears, Vice President, Rubber Manufacturers Association, 1346 Connecticut Avenue, N.W., Washington, D.C. 20036; Mr. W.J. Sears Vice President Rubber Manufacturers Association 1346 Connecticut Avenue N.W. Washington D.C. 20036; Dear Mr. Sears: This is in response to your letter of July 24, 1972, t Mike Peskoe, and your letter of July 25, 1972, to Lawrence Schneider. Your letter of July 24 discusses your dissatisfaction with the present method of amending the Appendices of Standards 109 and 110 and suggest that we meet to discuss with you possible methods of changing this procedure. We will be happy to meet with you to discuss possible other methods of amending the Tables, and if you will contact either Ed Wallace or Mike they will arrange a meeting with you.; In your letter of July 25 you request the legal status of a petitio dated July 4, 1972, from E.T.R.T.O., to amend the Tables of standard 109 and 110 to include a tire size designation and alternative rim sizes which have not been standardized by E.T.R.T.O. The guidelines for amending the Tables, which you cite in you letter, do not require tire size designations and alternative rims to be standardized by the respective associations before inclusion in the Tables. Rather, They require only that the petition indicate whether the tire size designation and rim sizes have been standardized. As a consequence, the size in question (250-15 Radial) and the alternative rim sizes were included in the amendment to the Tables published August 2, 1972 (37 F.R. 15430). If you object to the inclusion of the size designation in the Tables, as you have been informed by phone, your objection with supporting statements should be submitted to NHTSA in writing, within 30 days from publication of the amendment to the Tables.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5038OpenMr. L.J. Sharman 314 Lakeside Drive South Surfside Beach, SC 29575; Mr. L.J. Sharman 314 Lakeside Drive South Surfside Beach SC 29575; "Dear Mr. Sharman: This responds to your letter requesting informatio about whether the National Highway Traffic Safety Administration (NHTSA) has issued any regulations addressing the retention of records regarding compliance testing results. Your question arises in the context of the testing procedures set forth in Standard No. 302, Flammability of Interior Materials. (49 CFR 571.302). As explained below, the agency makes available all of its compliance test results through its Technical Reference Division. However, the agency has no such requirements for manufacturers or other persons to keep records concerning any test results. Nevertheless, a manufacturer would be well advised to retain such records in case its motor vehicle or item of equipment did not comply with an applicable safety standard. By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the 'Safety Act') gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Each of the agency's safety standards specifies the test conditions that this agency will use to assure whether the performance of the vehicle or equipment being tested is in compliance with the safety standard. NHTSA follows the established test procedures and conditions when conducting its compliance testing. The results of NHTSA's compliance tests are always recorded and made available to the public in the agency's Technical Reference Division. However, the Safety Act does not require a manufacturer to test its products only in the manner specified in the relevant safety standard, or even to test the products at all. A manufacturer may choose any means of certifying that its products comply with the requirements of the safety standards. If the manufacturer chooses to conduct testing, there is no requirement that the manufacturer retain those results. However, if the agency testing shows that an apparent noncompliance exists with a vehicle or item of equipment, the manufacturer is asked to show the basis for its certification that the vehicle or equipment complies with the relevant safety standard or standards. If, in fact, there is a noncompliance, the manufacturer is subject to civil penalties under the Safety Act unless it can establish that it exercised 'due care' in the design and manufacture of the product and in the checks (through actual testing, computer simulation, engineering analyses, or other means) to ensure compliance, but nevertheless did not have reason to know that the vehicle or item of equipment did not in fact comply with the safety standards. Given the potential for civil penalties, it is in the manufacturer's best interests to retain its testing records in case it must establish due care. (See 15 U.S.C. 1397(b)). I note that the agency has issued a regulation addressing recordkeeping, 49 CFR Part 576, Record Retention, which establishes requirements for the retention by motor vehicle manufacturers of complaints, reports, and other records concerning motor vehicle malfunctions. However, nothing in this provision requires retention of information generated during compliance testing. I hope this information is helpful. If you have any further questions about NHTSA's regulations, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam1675OpenMr. Bob Rauscher,Product Engineer,Galesburg Division,The Gates Rubber Company,P.O. Box 1196,Galesburg, Illinois 61401; Mr. Bob Rauscher Product Engineer Galesburg Division The Gates Rubber Company P.O. Box 1196 Galesburg Illinois 61401; Dear Mr. Rauscher:#This responds to your letter of October 9, 1974 requesting interpretation of Federal Motor Vehicle Safety Standard No. 106-74, *Brake hoses*, as applied to the labeling of air brake hose.#You have asked whether the designation 'AI-II' is permitted on hose for which the Type I and Type II dimensions listed in Table II are identical. Because such a designation is potentially misleading, it is not permitted. To comply with the standard, such hose should be labeled 'AI-AII'.#You have also asked whether hose labeled to indicate Type I or Type II dimensional characteristics may be used in brake hose assemblies which are constructed with permanently attached end fittings. S7.2 states:#>>>In the case of a hose intended for use in a reuseable assembly, 'AI' or 'AII' shall indicate Type I or Type II dimensional characteristics of the hose as described in Table III.<<<#Air brake hose which is designed for use with either permanent or reuseable end fittings falls within the meaning of 'hose intended for use in a reuseable assembly.' Therefore, such hose must be labeled with 'AI' or 'AII' (or 'AI-AII' as explained above.) Use of such hose with permanent end fittings is not prohibited under Standard No. 106-74.#Yours truly,Richard B. Dyson,Acting Chief Counsel; |
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ID: aiam1376OpenHonorable Charles H. Percy, United States Senate, Washington, D.C. 20015; Honorable Charles H. Percy United States Senate Washington D.C. 20015; Dear Senator Percy: This is in reply to your communication of January 3, 1974, forwardin to us correspondence dated November 29, 1973, from Mr. Bruce Motyka of Des Plaines. Mr. Motyka requests information regarding laws relating to pickup trucks and camper weight limits, laws or studies relating to the sale of trucks exceeding GVW (Gross Vehicle Weight) rate minimums, and regulations or studies regarding maximum weights for tires.; The NHTSA has issued regulations relating to the installation o campers onto pickup trucks. Motor Vehicle Safety Standard No. 126 'Truck camper loading' (49 CFR S571.126) requires each camper to bear a permanent label containing information on its maximum loaded weight. The standard also requires each camper to be furnished with an owner's manual that contains information on total camper weight, the selection of an appropriate pickup truck, appropriate methods of camper loading, how to determine the camper's center of gravity and where it should be placed on the truck cargo area. A companion 'Consumer Information' regulation, 'Truck camper loading' (49 CFR S575.103) requires that written information be provided at the sale of each truck capable of being equipped with a slide-in camper that deals with the correct installation of a slide-in camper in that vehicle. This information is also required to be available in dealers' showrooms for retention by prospective purchasers of such trucks.; Other NHTSA regulation (49 CFR Part 567, 'Certification') require ever motor vehicle, including pickup trucks, to be labeled usually on the driver's door or door jam, with its gross vehicle weight rating, and the gross axle weight rating for each axle. Each of these ratings is intended to be based on the weight of a fully loaded vehicle, as determined by the vehicle's manufacturer. While it is possible for manufacturers to be incorrectly rate vehicles, and thus be in noncompliance with the regulations, we have not found this practice to occur in the case of pickup trucks.; There are also Federal requirements requiring motor vehicle tires t carry a load rating. Motor Vehicle Safety Standard No. 109 applies to passenger car tires and has been in effect since January 1, 1968. Motor Vehicle Safety Standard No. 119 applies to tires for all other types of motor vehicles (trucks, trailers, buses, motorcycles, and multipurpose passeng r(sic) vehicles) and will become effective September 1, 1974. This agency has conducted a study of the overloading of tires on recreational vehicles, and information regarding this study as well as copies of the safety requirements referred to above are enclosed.; We did not receive Mr. Motyka's earlier letter to us. As his question are of a general nature we have provided him with general answers. If his questions involved a particular problem we would be happy to provide further assistance.; Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam3655OpenThe Honorable Eldon Rudd, House of Representatives, Washington, DC 20515; The Honorable Eldon Rudd House of Representatives Washington DC 20515; Dear Mr. Rudd: This responds to your recent letter on behalf of your constituent, Mrs Jan Wilson, asking whether Federal law restricts motorists from having darkly tinted films installed on the windows of their automobiles.; The National Highway Traffic Safety Administration has authority t govern the manufacture of new motor vehicles and motor vehicle equipment. We have promulgated Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials*, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance. Seventy percent transmittance is required in all areas requisite for driving visibility, which includes the windshield and all windows in passenger cars. This specification for light transmittance precludes darkly-tinted windows in new automobiles.; The agency has stated in past interpretations that solar films are no glazing materials themselves, and would not have to comply with Standard No. 205. However, use of such films on motor vehicles in certain cases would be prohibited if the vehicle glazing no longer complied with the light transmittance requirements of the standard (most of these films do reduce light transmittance below 70%). If a vehicle manufacturer or dealer places the film on glazing in a vehicle prior to sale of the vehicle, that manufacturer or dealer has to certify that the glazing continues to be in compliance with the requirements of Standard No. 205 (i.e., has to certify that the glazing still has a transmittance of at least 70%).; Regarding vehicles that have already been purchased, sectio 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381) provides that no manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard. Thus, none of those persons may knowingly install a solar film on a vehicle for its owner if the vehicle glazing would no longer meet the light transmittance requirements of Standard No. 205. Whether this would be the case would have to be determined by the person making the installation. Violation of this provision could subject the manufacturer, distributor, dealer, or motor vehicle repair business to civil penalties up to $1,000 for each violation.; Please note, however, that under Federal law the vehicle owner ma alter his or her vehicle as is desired. This agency does not govern use of vehicles by owners, this is left to the States. Thus, under Federal law, an owner could install solar film on his or her vehicle whether or not such installation affected compliance with Standard No. 205.; In summary, Federal law does not preclude Mrs. Wilson from havin darkly tinted film on her passenger car, provided she installed the film herself. However, if a manufacturer, dealer, distributor or motor vehicle repair business (including an auto tint shop) installed the film for Mrs. Wilson, they are in violation of Federal law if the glazing no longer meets the 70% light transmittance requirements of Standard No. 205. The State of California is, of course, free to prohibit vehicle owners from operating vehicles with darkly tinted glazing in its jurisdiction.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3662OpenMr. John C. Dobbs, Project Manager, E-Z-Go Textron, P.O. Box 388, Augusta, GA 30913-2699; Mr. John C. Dobbs Project Manager E-Z-Go Textron P.O. Box 388 Augusta GA 30913-2699; Dear Mr. Dobbs: This is in reply to your letter of February 4, 1983, telling of you wish to build a four-wheeled light weight traffic enforcement vehicle similar to a three-wheeled machine manufactured by Cushman. You have asked whether you have to meet passenger car safety standards 'or can we obtain a waiver for this vehicle only to comply with motorcycle safety standards?' You have enclosed a brochure on the vehicle you propose to modify, Textron's GX-800.; I am sorry to say that only vehicles with three wheels or less ar defined as 'motorcycles' for purposes of compliance with the Federal motor vehicle safety standards. Years ago, the agency totally excluded from the application of those standards four-wheeled vehicles with a curb weight of 1000 pounds or less such as the GX-800. However, that exclusion was terminated in the early 1970's.; A manufacturer of 10,000 vehicles or less per year may petition for temporary exemption from any safety standard where immediate compliance would cause substantial economic hardship. However, he must make a good faith effort to bring the vehicle into compliance during the exemption period. Although this would appear impossible with your vehicle because of its physical limitations, the agency has in the past exempted replicas of 1900-style vehicles where full compliance was manifestly not feasible. I enclose a copy of Title 49 Code of Federal Regulations Part 555 which sets out the exemption procedures. If your planned vehicle would have a cargo box, similar to the one on the Cushman vehicle, your vehicle could be considered a 'truck' for compliance purposes.; As a car or truck, your vehicle would also have to comply with Federa fuel economy and emissions standards. Exemptions from fuel economy standards may be sought under 49 CFR Part 525. As to the emissions standards, you should write the Environmental Protection Agency.; Sincerely, Frank Berndt, Chief Counsel |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.