NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
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ID: aiam5593OpenThomas A. Placey, Esq. Senior Assistant District Attorney Office of the District Attorney Cumberland County One Courthouse Square Carlisle, PA 17013; Thomas A. Placey Esq. Senior Assistant District Attorney Office of the District Attorney Cumberland County One Courthouse Square Carlisle PA 17013; "Dear Mr. Placey: This responds to your letter of July 20, 1995. Yo present the fact situation of the theft in Canada of a Canadian-owned GMC Jimmy which was then imported into the United States and delivered to a conspirator in Pennsylvania. The conspirator altered the VIN and sold the Jimmy which was eventually seized by the Pennsylvania State Police. The Jimmy's buyer wants the vehicle back and has filed with the local state court for its return. You write 'The issue, on the federal level, is can this vehicle ever be properly registered in the United States. What are the specific federal laws or regulations that govern such situations.' We cannot answer the question whether this vehicle can be properly registered in the United States, because there are no Federal requirements that apply to the registration of privately owned vehicles. Each State establishes its own requirements. For an overview of State laws on vehicle registration, we suggest that you write the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203. There are two Federal laws which we administer that are relevant to the situation you present. Missing from your scenario is the fact whether the Jimmy was manufactured in the United States in compliance with the U. S. Federal motor vehicle safety standards. If the answer is yes, then its importation by any person does not violate the Federal statutes under which we operate. If it was not manufactured to conform, we note that the importation of a nonconforming vehicle is an act forbidden by 49 U.S.C. 30112(a) for which a civil penalty may be imposed under 49 U.S.C. 30165. The statute does not provide the right to seize a nonconforming vehicle. Furthermore, the statute does not forbid the sale of a used nonconforming imported vehicle. There may be a violation of 49 U.S.C. 30122 because of the defacing of the VIN. Under this section, no manufacturer, dealer, distributor, or motor vehicle repair business may knowingly make inoperative any part of a device or element of design installed in accordance with a Federal motor vehicle safety standard. The VIN was installed in accordance with 49 CFR 571.115 Motor Vehicle Safety Standard No 115 Vehicle Identification Number. We view the alteration of the VIN as a violation of this section, if the conspirator who altered it was a manufacturer, dealer, distributor, or motor vehicle repair business as those terms are described in the statute. Violators of this section are also subject to a civil penalty under 49 U.S.C. 30165. We are unable to advise you on the laws or regulations administered by other Federal agencies. For example, we cannot advise you whether the U.S. has entered into any treaties or other agreements with Canada concerning the treatment of property that is stolen from that country. You may write for an opinion to the United States Department of State, Office of Foreign Mission, 3507 International Place, N.W., Washington, D.C. 20008. If you have further questions, Taylor Vinson of this Office will be able to help you with them (202-366-5263). Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam3307OpenMr. Roy Knoedler, Senior Industrial Designer, Cosco, 2525 State Street, Columbus, IN 47201; Mr. Roy Knoedler Senior Industrial Designer Cosco 2525 State Street Columbus IN 47201; Dear Mr. Knoedler: This responds to your letter of April 17, 1980, to Mr. Vladisla Radovich concerning Standard No. 213, *Child Restraint Systems*. Your letter was referred to my office for reply.; You asked if a child restraint has 'shoulder straps that attach to shield or barrier, and these straps in turn are connected to a crotch strap in continuous loop by way of going behind and then coming up from below the shell, would these belts then be considered an integral part of the shield and would attaching the crotch strap to the shield by means of a buckle be allowed?'; Standard No. 213, *Child Restraint Systems*, is intended to address among other things, the problem of misuse of child restraints. The principal misuse involves the failure to attach buckles and latches. To ensure that children using child restraints are afforded protection notwithstanding such misuse, the standard specifies that the belts are to be attached to restraining shield during testing only if they are an integral part of the shield. Webster's New Collegiate Dictionary (1977) defines 'integral' as meaning 'formed as a unit with another part.' Attachment of belts that are integral parts is permitted since they are intended to remain attached whether or not the restraint is in use and thus are not subject to the type of misuse described above. The crotch strap you describe is not an integral part of the movable shield. The movable shield is a complete unit by itself. The crotch strap is a separate device that must be manually connected to the shield every time the unit is used.; You also asked if belts that must be adjusted to fit a child ar prohibited by the standard. The standard does not prohibit adjustable belts. Section 5.4.2 of the standard does, however, establish requirements for any belt adjustment hardware used in the restraint.; Finally, you asked whether a surface, which is contactable by the tes dummy head, that 'is not a rigid surface but instead is a soft flexible part or sling type of surface' would have to be covered with energy absorbing foam. Section 5.2.3.1 provides that each child restraint system, other than a harness, which is recommended for use by children weighing less than 20 pounds must comply with the performance requirements of section 5.2.3.2. Section 5.2.3.2 provides that 'Each surface, except for protusions (sic) that comply with S5.2.4, which is contactable by the dummy head when the system is tested in accordance with S6.1 shall be covered with slow-recovery, energy- absorbing material' of specified characteristics. The requirement for padding applies to any surface contactable by the test dummy's head, regardless of whether the surface is rigid or flexible. If the contactable surface is made of a flexible material that would meet the thickness and performance requirements for energy-absorbing padding set in section 5.2.3.2(a) and (b), the surface would not have to have a separate layer of energy-absorbing padding placed on top of it.; If you have any additional questions, please let me know. Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1723OpenMr. Henry Radintz, Service Manager, Schwartz Manufacturing Company, Route No. 2, Cokato, MN 55321; Mr. Henry Radintz Service Manager Schwartz Manufacturing Company Route No. 2 Cokato MN 55321; Dear Mr. Radintz: This is in acknowledgment of your Defect Information Report, i accordance with the defect reporting regulations, Part 573.; The Defect Information Report involves approximately 110 trailers whic may be equipped with Standard Forge axles with brake shoes which may fail in the area where the cam roller contacts the shoe.; Standard Forge and Axle Company informed us some time after Mr Tillotson's telephone conversation with Mr. Reinhart of my staff that they will assume some of the obligations relating to this specific safety problem. A National Highway Traffic Safety Administration identification number has therefore not been assigned to your campaign, since it will be filed as part of the Standard Forge and Axle Company campaign. Quarterly status reports, as normally required by Part 573, need also not be submitted by your company. It is, however, requested that you supply the Standard Forge and Axle Company with any relevant information sought by them for the purpose of completing this campaign in the proper manner.; The letter which you have sent to the owners of the subject trailer does not meet the requirements of Part 577 (49 CFR), the Defect Notification regulation. Specifically, the second sentence of your letter does not contain the precise language required by Part 577.4(b) due to use of the word 'may,' use the axle manufacturer's name instead of the vehicle manufacturer's name, and a description of the defect as existing in an assembly instead of the vehicle. In campaigns conducted by a vehicle manufacturer, it is the vehicle manufacturer who determines the existence of a defect in his vehicles, even if the defect is caused by a defective component. If the defect does not exist in every vehicle, the letter may state this in a subsequent sentence.; Your letter also fails to adequately evaluate the risk to traffi safety as required by Part 577.4(d), since it makes no mention of possible vehicle crash. Although the statement that reduced braking power or lockup may result may suggest the possibility of a crash to many owners, it is not entirely equivalent. Your letter also fails to meet the requirements of Part 577.4(e)(2), since it does not give an estimate of the day by which parts will be available, provide a detailed description of each step required to correct the defect, give an estimate of the required labor time, and make recommendations as to whom the purchaser should have perform the necessary work.; It is therefore necessary that those owners whose vehicles have not ye been corrected or who have not yet ordered replacement parts receive a notification letter which complies with Part 577 of the regulation. This can be done either by means of a revised letter sent by your company or by sending the names and addresses of the affected owners to the Standard Forge and Axle Company so that they can notify these owners. If your company intends to mail revised notification letters, please send a copy of the revised letter to this office.; A copy of Part 577 is enclosed. If you desire further information please contact Messrs. W. Reinhart or James Murray of this office at (202) 426- 2840.; Sincerely, Andrew G. Detrick, Acting Director, Office of Defect Investigation, Motor Vehicle Programs; |
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ID: aiam4204OpenMr. T. E. McConnell, Prince Lionheart, 2301 Cape Cod Way, Santa Ana, CA 92703; Mr. T. E. McConnell Prince Lionheart 2301 Cape Cod Way Santa Ana CA 92703; Dear Mr. McConnell: Thank you for your letter of July 31, 1986, inquiring about the Federa safety standards that apply to roll-up window shades designed to be attached to a vehicle's window by suction cups. The following discussion explains how our safety standards apply to your products.; Some background information on how Federal motor vehicle safety law and regulations affect your product may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act, to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects. As explained below, installation of products in new and used vehicles would be affected by our regulations. In addition, any manufacturer of motor vehicle equipment is subject to the requirements of the Vehicle Safety Act concerning the recall and remedy of products with noncompliances or defects related to motor vehicle safety.; We have issued Federal Motor Vehicle Safety Standard No. 205, *Glazin Materials*, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars).; No manufacturer or dealer is permitted to install solar films and othe sun screen devices, such as the ones described in your letter, in *new* vehicles without certifying that the vehicle continues to be in compliance with the light transmittance and other requirements of the standard.; After a vehicle is first sold to a consumer, modifications to a vehicl are affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from tampering with safety equipment installed on a vehicle in compliance with our standards. Thus, no dealer, manufacturer, repair business or distributor can install a sun screen device for the owner of the vehicle, if the device would cause the window not to meet the requirements of Standard No. 205. Violation of the 'render inoperative' provision can result in Federal civil penalties of up to $1,000 for each violation.; Section 108(a)(2)(A) does not affect vehicle owners, who may themselve alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may install sun screening devices regardless of whether the installation adversely affects the light transmittance. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from using sun screens in their vehicles.; I am returning, under separate cover, the two samples you provided th agency. If you need further information, please let me know.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3447OpenMr. Thomas D. Turner, Blue Bird Body Company, Manager, Engineering Services, P. O. Box 937, Fort Valley, GA 31030; Mr. Thomas D. Turner Blue Bird Body Company Manager Engineering Services P. O. Box 937 Fort Valley GA 31030; Dear Mr. Turner: This responds to your July 13, 1981, letter asking whether the joint in your school buses that fall within the rear cargo compartment or rear engine compartment must comply with Standard No. 221, *School Bus Body Joint Strength*.; Standard No. 221 applies to joints that connect body panels to bod components. Body panels are defined to include those components that enclose the bus' occupant space. The agency has stated in the past that those portions of a bus falling below the floor level would not be considered as having a function in enclosing occupant space, and accordingly, joints in those area would not be required to comply with the standard's requirements.; Applying the standard to the joints that you question, it appears tha they would not be required to comply with the standard. The agency would consider the walls separating the cargo area or the engine from the remainder of the occupant compartment to be a continuation of the bus floor. Accordingly, joints falling behind and below those walls would not be required to comply with the standard. We do note, however, that the joints along the walls themselves must comply with the standard, since the wall panels enclose the occupant space and provide the separation of the engine or cargo area from the occupant space.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3156OpenHonorable S. I. Hayakawa, United States Senate, Washington, DC 20510; Honorable S. I. Hayakawa United States Senate Washington DC 20510; Dear Senator Hayakawa: This responds to your October 25, 1979, letter enclosing correspondenc from your constituent Mr. Morrill N. Farr asking about the agency's air brake standard. Mr. Farr also asked about the highway use tax. We understand that the Federal Highway Administration will respond to you directly with an answer to that question.; With respect to the air brake standard, Mr. Farr asked whether th Government would reimburse him for a portion of the costs of installing the no lockup portion of his air brake system. Mr. Farr stated that a court has held the no lockup requirement of the air brake standard invalid, and accordingly, the Government should reimburse vehicle owners for the installation of no lockup systems that have been proven to be faulty.; The court in *PACCAR v. The National Highway Traffic Safet Administration*, 573 F.2d 632 (9th Cir. 1978) *cert. den'd* 439 U.S. 862 (October 2, 1978), stated that the no lockup portions of the standard were invalid because some of the systems constructed in accordance with the requirements were unreliable. The court also indicated that a proper no lockup device could substantially improve the safety of vehicles. Our air brake standard does not specify a particular design or construction of brake system. It is a performance standard, and manufacturers are free to choose any design or construction that complies with the performance requirements. The fact that some manufacturers chose faulty systems is unfortunate. If the system on Mr. Farr's truck is faulty, his remedy lies with the manufacturers of the truck and the system, not with the Government.; This agency has attempted over the past several years to address th problem of faulty systems by initiating several investigations under the statutory provisions requiring manufacturers to recall and remedy defective vehicles and equipment. Those investigations contributed to the decisions of a number of manufacturers to conduct recalls.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4767OpenMs. Betsy Dittemore Legislative Liaison Iowa Department of Public Safety Office of the Commissioner Wallace State Office Building Des Moines, Iowa 50319; Ms. Betsy Dittemore Legislative Liaison Iowa Department of Public Safety Office of the Commissioner Wallace State Office Building Des Moines Iowa 50319; "Dear Ms. Dittemore: Thank you for your letter regarding a bil introduced in the Iowa Senate that, among other features, would establish light transmittance limits for 'sunscreening devices' that may be applied to the windows of motor vehicles operated in Iowa. I apologize for the delay in this response. You requested our office's interpretation about whether provisions of this bill would violate or be preempted by Federal Motor Vehicle Safety Standard No. 205, Glazing Materials (49 CFR 571.205). As you are aware, this agency is authorized by section 103 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392) to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. One of the standards that we have issued under this authority is Standard No. 205, which applies to all new vehicles and all new glazing materials for use in motor vehicles. Among the requirements set forth in Standard No. 205 are specifications for minimum levels of light transmittance (70 percent light transmittance in areas requisite for driving visibility, which includes all windows in passenger cars). Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) specifies that no person may manufacture, import, or sell any vehicle in the United States unless it is in conformity with all applicable safety standards. Pursuant to section 108(b)(1) of the Safety Act (15 U.S.C. 1397(b)(1)), this prohibition no longer applies after the vehicle is sold to a consumer. However, both before and after the first sale, section 108(a)(2) of the Safety Act (15 U.S.C. 1397(a)(2)) provides that 'No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a notor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . .' In the case of windows on a passenger car, this provision of Federal law means that no manufacturer, dealer, distributor, or repair business could install window tinting film that would result in a light transmittance of less than 70 percent for any window of the car, because such action would 'render inoperative' the vehicle's compliance with Standard No. 205. This same provision of Federal law prohibits a service station from permanently removing safety belts or permanently disconnecting brake lines on motor vehicles. Please note that the Safety Act does not apply to the actions of vehicle owners. Vehicle owners may alter their own vehicles and operate them on the highways as they please, even if the vehicle's windows no longer comply with the requirements of Standard No. 205. Hence, no provision of a Federal statute or this agency's regulations prevents individual vehicle owners themselves from tinting the windows on their vehicles. The individual States, however, have the authority to regulate the modifications that vehicle owners may make to their own vehicles and to establish requirements for vehicles operated or registered in that State. The Iowa Senate bill enclosed with your letter appears to be an attempted exercise of this inherent authority. You asked for comments on whether this bill, if adopted as law in Iowa, would be preempted by Standard No. 205. I assume you were referring to the provision in this Iowa bill that would prohibit the operation of motor vehicles required to be registered in the State of Iowa if the vehicle has a 'sunscreening device' on the front side windows with light transmittance of less than 35 percent or on the rear window and side windows behind the driver with light transmittance of less than 20 percent. Since the original glazing on the vehicle could have had light transmittance of as little as 70 percent, this provision would permit overall light transmittance levels of as low as 25 percent for the front side windows and 14 percent for the rear windows. This provision in the Iowa bill, and similar provisions in statutes adopted by other States, does not purport to legitimize conduct -- the rendering inoperative of glazing by firms installing window tinting -- that is illegal under Federal law. In other words, firms installing window tinting that results in light transmittance of less than 70 percent on any window of a passenger car would have violated the 'render inoperative' provision in Federal law, even if Iowa had in place a statute that would permit persons to operate and register vehicles whose windows had light transmittance that was far lower. Conversely, the Federal law setting requirements for the manufacture and sale of new vehicles and limiting the modifications commercial enterprises can make to those vehicles does not prohibit the State of Iowa from establishing lesser limits on owner modifications to their own vehicles and as the minimum requirements for vehicles to be operated and registered in the State of Iowa. Thus, there does not appear to be any legal conflict between Federal law and this Iowa bill, and Iowa would be free to enforce the provisions of this bill if it is enacted into law. We would, however, urge the State of Iowa to carefully consider the adverse safety consequences that would result from enacting this bill into law. NHTSA has determined that a 70 percent light transmittance minimum for new vehicles is the appropriate level to assure motor vehicle safety. Your letter indicated that Iowa had also adopted this 70 percent light transmittance minimum as a State requirement for new vehicles. It is not clear why the State of Iowa would conclude that the safety need that justifies requiring not less than 70 percent light transmittance in new vehicles is satisfied by allowing light transmittance levels as low as 25 and 14 percent in vehicles to be operated in the State. I hope that this information is helpful. If you have any further questions or need additional information about this topic, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam0386OpenStephen F. Hefner, Esq, Nance, Caston, Hefner and Green, Attorneys-At-Law, 421 North Crockett Street, Sherman, TX 75090; Stephen F. Hefner Esq Nance Caston Hefner and Green Attorneys-At-Law 421 North Crockett Street Sherman TX 75090; Dear Mr. Hefner: This is in reply to your letter of May 20, 1971, concerning a marketin practice used by your client, Hale Trailer Sales, Inc., which consists of allowing purchasers of new trailers to specify that the trailer be delivered with either new or used tires. When used tires are chosen, you indicate that they are for the limited purpose of delivering the trailer to the purchaser, and are usually replaced by him with other tires. You further indicate that this practice is widespread in the particular industry.; You ask in your letter whether the Tire Identification an Recordkeeping regulations (49 CFR Part 574) apply to the trailers that are sold equipped with used tires. The answer to this question is no. However, as you apparently realize, trailers sold with new tires that have been manufactured on or after May 22, 1971, are subject to the regulation.; Your letter also discusses the possibility of future requirements fo trailer tires, and suggests three possible courses of action under such requirements by which trailers might be sold with used tires. An Advance Notice of Proposed Rulemaking concerning multipurpose passenger vehicle, truck, bus, motorcycle, and trailer tires was published October 14, 1967, (32 F.R. 14279) and a public meeting was held on the subject in June 1970. Since that time there has been no public issuance concerning this matter, and it is thus impossible to send you the proposed rule you requested. The matter is under active consideration within the agency, however, and the proposed requirements should be issued in the near future.; The proposals will solicit comments from interested persons, which wil be considered before any final regulations are issued. Your comments and any additional suggestions you might have would be appreciated in response to these proposals.; If you have additional questions, please feel free to write. Sincerely, Lawrence R. Schneider, Acting Chief Counsel |
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ID: aiam4753OpenMr. Brad G. Magor 6282 Young Street Halifax, Nova Scotia B3L-1ZB Canada; Mr. Brad G. Magor 6282 Young Street Halifax Nova Scotia B3L-1ZB Canada; "Dear Mr. Magor: This is in reply to your letter of May 1, l990, to th Department of Transportation with respect to your intended purchase of a Canadian truck or van which you will eventually import into the United States. You asked for information on the features required to meet the U.S. safety standards, and whether Canadian vehicles generally have these items. There is a great similarity, but not identicality, between the Canadian Motor Vehicle Safety Standards (CMVSS), and the Federal Motor Vehicle Safety Standards (FMVSS). Manufacturers in both countries are required to affix a label to their vehicles certifying compliance with all applicable safety standards. We understand that some Canadian manufacturers may have certified compliance of their vehicles with both the CMVSS and the FMVSS. If dual certification has occurred, it will be evident from reading the certification label on the vehicle (usually located in the driver door post area). If the vehicle bears a certification of compliance that includes the FMVSS, you should encounter no problems in importing, registering, and selling it in the United States. However, if the vehicle is certified only to the CMVSS, you will encounter some difficulty in importing it, notwithstanding the substantial similarity of the CMVSS and FMVSS. By direction of Congress, a vehicle not originally manufactured to conform to the FMVSS may not be admitted into the U.S. unless two things have occurred. The vehicle must be on a list of vehicles that the Department has approved for conversion to the FMVSS. If this has occurred, then the vehicle can only be imported by a 'registered importer' (i.e. converter), or one who has a contract with a registered importer to perform the conversion work. A bond equal to l50% of the entered value of the vehicle must be given to secure performance of the conversion work, which is cancelled upon satisfactory evidence that the work has been performed. The new directives of Congress were only effective on January 31, l990, and we are still working to implement them. We have tentatively proposed an approved general list of vehicles that would include all Canadian trucks and vans manufactured since January 1, l968, that were certified as meeting the CMVSS, and which are of the same make, model, and model year of any truck or van originally manufactured for importation into and sale in the United States, or originally manufactured in the United States, and that were certified as meeting the FMVSS. For example, a l990 Chevrolet truck manufactured in Canada to the CMVSS with a U.S. manufactured and certified counterpart would be covered by this general list. We have received no objections to treating Canadian vehicles in this fashion. A final determination should be published in the near future. We have also accorded registered importer status to a number of applicants. If you choose to buy a vehicle certified to the CMVSS for importation into the United States, we will be pleased to provide the latest list of registered importers as the time draws near for your departure. The minor differences in the standards that may effect you are principally those regarding speedometer/odometers and lighting. The former must indicate miles and miles per hour (and may indicate kilometers and kilometers per hour). Vehicles must be equipped with headlamps that meet the FMVSS and not those of the ECE. Thus, once a CMVSS-certified vehicle is imported, we do not anticipate that the conversion work should be lengthy or costly. Once the work has been satisfactorily performed and the converter's label attached, you should encounter no difficulties in registering the vehicle or in selling it. I hope that this answers your questions. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam4988OpenMr. George F. Reuss Reuss Engineers, Inc. P.O. Box 22 Waltz's Mills Madison, PA 15663; Mr. George F. Reuss Reuss Engineers Inc. P.O. Box 22 Waltz's Mills Madison PA 15663; "Dear Mr. Reuss: This responds to your letter addressed to Barr Felrice, NHTSA's Associate Administrator for Rulemaking, concerning your recently patented vehicle that is designed to transport passenger cars. You requested information about which specific regulations and standards would be applicable to your vehicle. I am pleased to have this opportunity to explain our regulations. I am also enclosing the agency's general information fact sheet for new manufacturers and a booklet entitled 'Federal Motor Vehicle Safety Standards and Procedures,' which summarizes the basic requirements of our safety standards and shows which standards apply to various vehicle types. You explained that your vehicle consists of a chassis with a gross vehicle weight rating (GVWR) greater than 10,000 pounds and a structural frame between the cab and rear wheels. This frame includes moveable forks that can be extended from the framework and inserted beneath a passenger car's tires. The forks can be raised and retracted into the framework, thus allowing your vehicle to transport the passenger car. The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A), the Safety Act) authorizes this agency to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards. Manufacturers of motor vehicles must certify compliance of their products in accordance with 49 CFR Part 567, Certification. I note that you may be considered a 'final-stage manufacturer' under Part 568, Vehicles Manufactured in Two or More Stages, because you purchase the chassis. Section 102(3) of the Safety Act defines the term 'motor vehicle' as follows: 'any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.' Based on the description in your letter, it appears that your vehicle is a motor vehicle under the Safety Act. More specifically, it appears that your vehicle would be considered a 'truck' under the agency's regulations. The term 'truck' is defined, at 49 CFR Part 571.3, as 'a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment.' Accordingly, your vehicle must comply with all Federal motor vehicle safety standards that are applicable to trucks with a GVWR greater than 10,000 pounds and be certified as conforming to those standards. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.