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: aiam5501OpenMr. Ken Daining Supervisor, Vehicle Test and Development ITT Automotive 3000 University Drive Auburn Hills, MI 48326; Mr. Ken Daining Supervisor Vehicle Test and Development ITT Automotive 3000 University Drive Auburn Hills MI 48326; Dear Mr. Daining: This responds to your letter about Federa requirements applicable to an 'on/off switch' for antilock brake systems (ABS). I apologize for the delay in our response. You stated that Chrysler Jeep owners disengage their ABS in response to the 'perceived degraded performance it offers on off-road situations.' You mentioned the possibility of designing a vehicle's gear system so that the ABS function is automatically disengaged when the vehicle is shifted into the four wheel drive-LO configuration. As explained below, while both manual and automatic ABS on/off switches are permitted under the current requirements, neither is required. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under Title 49, Chapter 301 of the U.S. Code to issue FMVSSs that set performance requirements for new motor vehicles and new items of motor vehicle equipment. NHTSA does not approve or certify any vehicles or items of equipment, as is the practice in Europe. Instead, Chapter 301 establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency has used this authority to issue FMVSS No. 105, Hydraulic Brake Systems, which specifies requirements for hydraulic service brake and associated parking brake systems. This Standard does not contain any provision requiring or prohibiting ABS. Likewise, it does not contain any provision requiring or prohibiting either a manual or automatic ABS on/off switch. Accordingly, either type of switch is permitted under the standard, provided the vehicle complies with the standard both when the device is 'on' and when the device is 'off.' FMVSS No. 105 will continue to apply to multipurpose passenger vehicles (MPVs), notwithstanding the agency's recent adoption of FMVSS No. 135 Hydraulic Brake Systems, Passenger Car Brake Systems, which applies only to passenger car brake systems (60 FR 6411, February 2, 1995). Even though FMVSS No. 135 does not apply to MPVs, you should be aware that FMVSS No. 135 prohibits passenger cars from being equipped with ABS disabling switches. The agency stated in a July 1991 notice that 'such a switch could be left off when the ABS is needed, and that therefore, it would be more likely to be harmful than beneficial.' Please note that this prohibition does not become immediately effective, even for passenger cars, since manufacturers can continue to certify compliance to FMVSS No. 105 for five years after FMVSS No. 135 takes effect. If an automatic or manual ABS on/off switch were installed in a used vehicle, such a device must not 'make inoperative' the vehicle's compliance with FMVSS No. 105. Specifically, 49 U.S.C. 30122 prohibits a motor vehicle manufacturer, distributor, dealer or repair business from installing such a device if the installation 'makes inoperative' compliance with any safety standard. For instance, if a vehicle could only comply with the stopping distance or other service brake requirements in Standard No. 105 when the ABS is activated, then installation of the switch would serve to make inoperative compliance with the safety standard. 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, Philip R. Recht Chief Counsel; |
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ID: aiam3325OpenMr. David R. Stevens, Quality Control Manager, Columbia Manufacturing Company, Westfield, Massachusetts 01085; Mr. David R. Stevens Quality Control Manager Columbia Manufacturing Company Westfield Massachusetts 01085; Dear Mr. Stevens: This is in response to your letter of June 17, 1980, and i confirmation of your several telephone conversations with Mr. Schwartz of my office.; In your letter, you asked whether the vehicle identification numbe (VIN) required by Federal Motor Vehicle Safety Standard No. 115 (46 CFR 571.115) must reflect each of your 16 moped 'models' if the differences between the models are cosmetic. Table 1 of S4.5.2 requires that the following information be encoded in the VIN of the motorcycles: Type of motorcycle, line, engine type, and net brake horsepower. The encoding of models is not required. 'Line' is defined in S3. *Definitions* to mean a name which a manufacturer applies to a family of vehicles within a make which have a degree of commonality in construction, such as body, chassis or cab type. Therefore, if the 16 moped 'models' are of the same construction, they would not be considered different lines unless Columbia chose to designate them as different lines.; You have also stated that Columbia has changed its moped moto manufacturer and has made minor modifications in its open frame moped. You wish to know if this must be reflected in the VIN. The VIN Standard for mopeds does not take effect until September 1, 1980, for vehicles whose model year changeover date occurs prior to September 1, 1980, and subsequent to January 1, 1981, and until the actual model year changeover date for vehicles whose model year changeover date falls between these two dates. Therefore, any changes Columbia has made prior to the effective date of the standard would presumably already be reflected in the VIN.; The National Highway Traffic Safety Administration does not giv advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed labels as forwarded with your letter. Based on our understanding of the information which you have provided, your labeling system apparently complies with Standard No. 115.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1763OpenMr. J.E. Brune, President,Bauer-Wenner Inc.,146 South Westwood Avenue,Toledo, Ohio 43607; Mr. J.E. Brune President Bauer-Wenner Inc. 146 South Westwood Avenue Toledo Ohio 43607; Dear Mr. Brune:#Please forgive the delay in responding to your lette of November 26, 1974, asking several questions on the banding requirements of Federal Motor Vehicle Safety Standard No. 106-74, *Brake Hoses*.#Your first question dealt with the banding responsibilities of fleet owners. S5.2.4 as incorporated in S7.2 of Standard No. 106-74, in its present form, requires each fleet owner who makes up brake hose assemblies for his own use to label each assembly with a band and to file a designation that identifies him as the manufacturer of the assembly with the Office of Standards Enforcement. An amendment of this requirements is under active consideration, and the issue will be dealt with in a forthcoming notice in the Federal Register. #Your remaining question dealt with your responsibilities as a manufacturer of air brake hose assemblies. Each hose assembly which you produce and which is ultimately used in a brake system is an air brake hose assembly within the meaning of Standard No. 106-74. Each of these is therefore subject to the labeling and performance requirements of the standard, including the banding requirement of S7.2. Your responsibility, under Sections 108(a) (1) (A) and 108(b) (2) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. Secs. 1397(a) (1) (A) and 1397 (b) (2)), is to 'exercise due care' in ensuring that each assembly which is ultimately used in a brake system conforms to the requirements of the standard. What constitutes due care in a particular situation depends on all relevant facts. For example, if you ask each walk-in customer (or telephone customer) who orders an assembly whether he plans to use it in an air brake system, it would appear that you may refrain from banding those assemblies which you are assured are not destined for air brake systems. For mail-orders, a notice on your invoice, instructing your customers to inform you if the intended use of the assemblies they have ordered, would not fulfill your obligation if the invoices are received after the orders have been filled. The simplest way to meet your responsibilities might be to band all assemblies which consist of hose of a diameter known to be used in air brake system.#Yours truly,Richard B. Dyson,Acting Chief Counsel; |
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ID: aiam5139OpenMr. Guy Dorleans International and Regulatory Affairs Manager Valeo 34, rue Saint-Andre 93012 Bobigny Cedex France; Mr. Guy Dorleans International and Regulatory Affairs Manager Valeo 34 rue Saint-Andre 93012 Bobigny Cedex France; "Dear Mr. Dorleans: We have received your letter of January 22, 1993 asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it relates to aimability of headlamps. Valeo is currently studying new principles for aiming small circular headlamps. It appears that these headlamps will require unique aiming adaptors (meaning that the Hopkins universal adaptor cannot be used with them). These adaptors will be placed in the trunk of any vehicle with which they are supplied, and relevant instructions for use will be included in the vehicle operator's manual. Valeo has asked for confirmation that each version complies with Standard No. 108. Standard No. 108 does not require that an aiming adaptor be provided with a motor vehicle, only that the vehicle's headlamps be capable of mechanical aim. Therefore there is no legal requirement that an adaptor be provided. However, without such an adaptor, an owner of a vehicle with the new headlamps may encounter difficulties at State inspection stations where the Hopkins adaptor is in use, and at repair facilities when headlamps are replaced or after body work has been performed that necessitates reaim of headlamps. Therefore we believe that provision of the adaptor and aiming information would enhance consumer acceptance of the new headlamps. Sincerely, John Womack Acting Chief Counsel "; |
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ID: aiam2858OpenMr. J. W. Yarbrough, Assistant Superintendent for Business, West Seneca Central School District, 45 Allendale, West Seneca, NY 14224; Mr. J. W. Yarbrough Assistant Superintendent for Business West Seneca Central School District 45 Allendale West Seneca NY 14224; Dear Mr. Yarbrough: This responds to your May 4, 1978, letter asking whether you can modif several buses that you have purchased by adding stanchion bars near the front door to facilitate the loading of smaller school children.; The National Highway Traffic Safety Administration does not prohibi the use of stanchion bars in school buses. Some manufacturers, however, have discontinued putting them in buses because it is difficult to pad them sufficiently such that they comply with the head impact zone requirements when the bars fall within the head impact zone.; The National Traffic and Motor Vehicle Safety Act of 1966 (the Act prohibits modification of vehicles by repair businesses, dealers, or manufacturers that would render inoperative compliance with safety standards (section 108(a)(2)(A)). Therefore, if a dealer, repair business, or manufacturer were to install stanchion bars in your school buses, it would be required to ensure that the installation does not render inoperative compliance with the head impact zone requirements. The Act does not prohibit, however, modifications by individuals of their vehicles even when such modification would not comply with Federal safety standards. Accordingly, a school district could itself install stanchion bars that do not comply with the head impact zone requirements.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam5446OpenMr. Michael Winzkowski FABA Autoglas Produktion c/o Farmont Sunroofs, Ltd. 2346 Success Drive P.O. Box 981 Odessa, FL 33556-0981; Mr. Michael Winzkowski FABA Autoglas Produktion c/o Farmont Sunroofs Ltd. 2346 Success Drive P.O. Box 981 Odessa FL 33556-0981; "Dear Mr. Winzkowski: This responds to your letter about manufacturer's certification responsibilities under Federal Motor Vehicle Safety Standard No. 205, Glazing materials (49 CFR 571.205, copy enclosed). You state that you are a United States-based subsidiary of a German automotive sunroof manufacturer. You are having problems explaining to the German authorities the differences between the certification requirements of the two countries and request a letter explaining that the U.S. uses a self-certification procedure. I am pleased to provide this information. As you know, every item of glazing for use in motor vehicles that is sold in or imported into this country must be certified as complying with FMVSS No. 205. This standard sets forth both performance and labeling requirements that must be satisfied by the automotive glazing. In enforcing its safety standards, the National Highway Traffic Safety Administration (NHTSA), which is part of the U.S. Department of Transportation, does not follow the European practice of requiring the manufacturer of motor vehicle equipment to deliver an item of the equipment to specified institutes for testing before the product can be sold. Instead, as required by the U.S. Congress, the manufacturer 'self-certifies' that each of its items of motor vehicle equipment fully satisfies all requirements of the applicable Federal motor vehicle safety standards. Thus, each item of automotive glazing is self-certified by its manufacturer as complying with FMVSS No. 205. NHTSA does not require that the manufacturer's certification be based on a specified number of tests of the glazing or on any tests at all. Under the statute, the agency only requires that the certification be made with the exercise of 'due care' on the part of the manufacturer. It is up to the manufacturer to determine what data, test results, or other information is needed to enable it to certify that the glazing complies with Standard No. 205. We do recommend, however, that a manufacturer selling its glazing in the United States for the first time test those products, according to the test procedures specified in Standard No. 205. Once the manufacturer has determined that its glazing complies with the requirements of Standard No. 205, it certifies that compliance by marking the glazing with the symbol DOT, as specified in section S6 of Standard No. 205. You specifically asked for verification that 'no US DOT testing or certification is conducted when DOT numbers are assigned to manufacturers.' The 'DOT number' to which you refer is the manufacturer's code mark that is assigned by NHTSA on request of the glazing manufacturer (S6.2 of FMVSS No. 205). Your understanding is correct. NHTSA does not test glazing products or review manufacturers' compliance data prior to or as a condition for assigning a manufacturer's code mark pursuant to S6.2 of Standard No. 205. I hope you find this information helpful. If you have any other questions, please contact Mr. Marvin Shaw of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam5372OpenMr. Gilbert Gallahar Kings Environmental Hydrogen Systems P.O. Box 713 Marana, AZ 85653; Mr. Gilbert Gallahar Kings Environmental Hydrogen Systems P.O. Box 713 Marana AZ 85653; Dear Mr. Gallahar: This responds to your letter requesting informatio about Federal requirements applicable to an on-board hydrogen generator used on an internal combustion engine to control exhaust emissions. I am pleased to have this opportunity to explain our regulations to you. By way of background, NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue Federal motor vehicle safety standards (FMVSSs) that set performance requirements for new motor vehicles and new items of motor vehicle equipment, including an on-board hydrogen generator. NHTSA has not issued any standards for a device such as yours. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the product's manufacturer are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Please note that no FMVSS would preclude the installation of your product as an item of original equipment. Nevertheless, if your device were installed on a new vehicle by a vehicle manufacturer or an alterer before the first consumer purchase, then they would have to certify that the vehicle complies with all applicable standards, including Standard No. 301, Fuel System Integrity. A commercial business that installs the on-board hydrogen generator would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) provides that: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard. This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your device if the system renders inoperative the vehicle's compliance with the FMVSSs. For instance, compliance with FMVSS No. 301 might be degraded if the hydrogen generator affected the integrity of a motor vehicle fuel system. Any violation of this 'render inoperative' prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation. Please note also that the render inoperative prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install an on-board hydrogen generator in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted. You may wish to contact the Environmental Protection Agency for any questions concerning emissions and air quality. The general telephone number for the EPA is (202) 382-2090. You may also wish to contact the state of Arizona for information on its emissions testing regulations. I hope this information is helpful. If you have any more questions about NHTSA's safety standards, please contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure; |
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ID: aiam3503OpenMr. Michael M. Packard, Commissioner, Indiana Bureau of Motor Vehicles, State Office Building, Indianapolis, IN 46204; Mr. Michael M. Packard Commissioner Indiana Bureau of Motor Vehicles State Office Building Indianapolis IN 46204; Dear Mr. Packard: This is in response to your letter of November 23, 1981, asking fo suggestions that would enable the citizens of Indiana to do away with the necessity of using and retaining the federal odometer disclosure statement.; In my previous correspondence I indicated that the Indiana Certificat of Title could not be used in lieu of a separate Federal odometer disclosure statement unless additional information was incorporated. In your recent letter you asked whether the title application could be utilized to meet the Federal disclosure requirements. For your information, I have enclosed several notices that have appeared in the *Federal Register* that deal directly with this issue. The first is an August 1977 notice which allows states that wish to utilize their Certificates of Title as disclosure statements to include a shortened odometer disclosure statement, but requires other State documents to contain the longer form. In January 1980 the latter requirement was amended (see enclosed *Federal Register* notice) to allow the shortened form to be used in lieu of a separate Federal disclosure statement on *any* State document which evidences ownership of the vehicle. The effect of this change is to permit the State of Indiana to use the shorter form on its application for title and still have the application satisfy the Federal odometer disclosure requirements.; With respect to your comment that Indiana would like to enable citizen to do away with the necessity of retaining disclosure statements, I am enclosing a copy of a January 1980 *Federal Register* notice which discusses the retention requirements. As you will note, the retention requirements apply only to dealers and distributors (persons who buy or sell five or more motor vehicles within any 12 month period), and not to the average consumer. If Indiana incorporates an acceptable disclosure statement onto its title application, all dealers and distributors will, nevertheless, be required to maintain copies of these documents at their primary place of business. This requirement facilitates enforcement efforts and should not be too great a burden on businesses that already have storage facilities for the other documents.; I hope that I have satisfactorily responded to your concerns. I woul welcome the opportunity to work further with Indiana in the effort to curtail odometer fraud.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4114OpenMr. Doug Cole, Director of Public Relations and Membership, National Van Conversion Association, Inc., 2 West Main Street, Suite 2, Greenfield, IN 46140; Mr. Doug Cole Director of Public Relations and Membership National Van Conversion Association Inc. 2 West Main Street Suite 2 Greenfield IN 46140; Dear Mr. Cole: Thank you for your letter of December 2, 1985 to Stephen Oesch of m staff concerning how our regulations would affect the placement of a National Van Conversion Association (NVCA) certification decal on vehicle windows by a van conversion company. The material enclosed with your letter explains that the NVCA certification program is a voluntary effort by the van conversion industry to set minimum safety and quality standards for its products. You explained that the decal, which has a diameter of 2 1/2 inches, would be placed on the lower corner of the passenger's side of the windshield by a manufacturer whose products conform to the NVCA program.; Placement of the decals on a vehicle's windshield would be affected b 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 (70% in areas requisite for driving visibility, which includes the windshield in motor vehicles).; Part 567, *Certification*, of our regulations requires each vehicl manufacturer to place a plate within the vehicle certifying that the vehicle conforms to all applicable Federal motor vehicle safety standards. A person, such as a van converter, who makes significant modifications to a vehicle prior to its first sale to a consumer is considered a vehicle alterer under our regulations. Under Part 567.7, an alterer must also add a plate to the vehicle certifying that the vehicle, as altered, still continues to conform to all applicable Federal motor vehicle safety standards. Thus, no manufacturer or alterer is permitted to install solar films and other sun screening devices or other opaque materials 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.; We have not previously ruled on whether these prohibitions apply to th installation of State vehicle inspection and private industry regulatory decals by commercial businesses. In general, these decals are small in size and placed in locations which minimize the obstruction, if any, to the driver's vision. In contrast, tinting films and other sun screening devices are generally applied to the entire window and thus can substantially obscure the driver's vision if they do not meet the light transmittance and other performance requirements of the standard. As with State regulatory decals, your proposed decal is small in size and would be placed in the lower right corner of the vehicle windshield, an area which should minimize any possible obstructing of the driver's vision. Given these considerations, we would consider the placement of the NVCA decal in the lower right hand corner of the windshield to be merely a technical violation of Standard No. 205, and would exercise our prosecutorial discretion and not bring an enforcement action.; I hope this information is of assistance to you. If you have an further questions, please let me know.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam1300OpenMr. G. Meier, Technical Service Manager, Volkswagen of America, Inc., Englewood Cliffs, NJ 07632; Mr. G. Meier Technical Service Manager Volkswagen of America Inc. Englewood Cliffs NJ 07632; Dear Mr. Meier: This is in reference to the letter you propose to send to owners o vehicles involved in Defect Notification Campaign 73-0196. (Audi 80, 1973 Model, Backing Plate on Rear Axle.); In our opinion this letter does not comply with the Defect Notificatio Regulation (49 CFR Part 577). Our reasons are as follows. While the letter refers to components involved in the defect (section 577.4(c)(1)), it does not describe the malfunction of which the owner must be informed pursuant to section 577.4(c)(2). Nor does the letter include a statement of conditions (operating or otherwise) that may cause the malfunction to occur, as required by section 577.4(c)(3). While the letter refers to a 'shimmy,' we cannot reasonably construe this to describe any more than the warning which the owner may experience (section 577.4(d)(1)(ii)). Moreover, we find your instruction to operate the vehicle at 'substantially reduced speed,' if intended to be the precautionary statement required by section 577.4(c)(4), to be so broad as to be meaningless. We believe a statement of the maximum speed at which the vehicle should be operated would be more appropriate.; The letter fails to evaluate completely the risk to traffic safety i the manner specified in section 577.4(d). In our view, when this failure is combined with the failure to describe the malfunction, the recipient of your notification is left with almost no idea of the nature of the problem with his vehicle. We find further your statement that repair parts will be at the dealers 'shortly' to be too general to conform to section 577.4(e)(1)(iii). That section clearly requires an estimate of the *day* on which parts will be available. Its purpose is to prevent the making of general statements such as that in your letter.; Finally, your letter urges the owner to take the vehicle to his deale 'immediately' only if he experiences 'rear-end shimmy.' In our view, this statement implies that without shimmy there does not exist a serious safety problem with the vehicle. Such an implication contravenes section 577.6, 'Disclaimers,' and must be deleted.; In order to conform to Part 577, your notification letter must b revised as indicated in this letter.; Sincerely, Andrew G. Detrick, Acting Director, Office of Defect Investigation, Motor Vehicle 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.