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: aiam5600OpenMs. Nancy Tavarez Bietrix Industries; Ms. Nancy Tavarez Bietrix Industries; "FAX 201-956-7070 Dear Ms Tavarez: This is in response to your FAX o August 8, 1995, with respect to the importation of 'Phoenix Halogen Auto Bulbs H4 series, H3, H1 and 9000 series- HB1 for the USA market.' We understand that you presently have a shipment of these awaiting entry. You state that 'Mr. Taylor Benson recently informed us that these lights required DOT approval.' Taylor Vinson repeatedly informed you on the phone that DOT does not approve bulbs or any other kind of equipment. If there is a Federal motor vehicle safety standard in effect covering an item of equipment, the manufacturer (or importer for resale) is responsible for certifying that the equipment complies with that standard. The certifier does not need DOT permission or approval for that action. The appropriate Federal regulations in this instance are Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment and 49 CFR Part 564 Replaceable Light Source Information. There is no Federal regulation that applies to the H4 bulb. Although the H4 bulb is legal for use only in motorcycle headlamps, neither Standard No. 108 nor Part 564 applies to motorcycle headlamp bulbs, and it is not necessary for H4 bulbs to be certified in order to enter the United States. H4 bulbs may not be used in headlamps for motor vehicles other than motorcycles. However, the HB2 bulb, based on the H4, is legal for use in headlamps for all types of motor vehicles. If the H1 and H3 bulbs are to be used for auxiliary lamps such as fog lamps, there is no Federal regulation that requires their certification either. However, if the H1 and H3 bulbs are intended for use in headlamps (the markings on their boxes may indicate this), they are subject to both Standard No. 108 and Part 564. What we require is that the bulb be marked with (1) the name and/or trademark registered with the U.S. Patent and Trademark Office of its manufacturer or of its importer (Bietrix), (2) the ANSI number, ECE identifier, and manufacturer's part number, individually or in any combination, and (3) a DOT symbol. The DOT symbol is the certification by Phoenix or by Bietrix that the H1 or H3 bulb has been designed to conform to the specifications for these bulbs that are on file in Part 564. We believe that Phoenix should be aware of these specifications. For your information, '(1)' is required by paragraphs S7.7(h) and S7.2(b) of Standard No. 108, '(2)' by paragraph S7.7(h) and section VIII of Appendix A of Part 564, and '(3)' by paragraphs S7.7(g) and (h) of Standard No. 108. I am FAXing a copy of paragraph S7.7 and Part 564 for your information. The HB1 light source is required to be marked with the same information as the H1 and H3 as indicated above, but the authority for this is paragraph S7.7(f), this also requires the base to be marked 'HB1'. However, the DOT symbol in this instance would represent the certification by Phoenix or by Bietrix that the HB1 bulb has been designed to conform to the specifications of paragraph S7.7(a) and Figure 3 of Standard No. 108. Again, we believe that Phoenix should be familiar with the specifications for the HB1 light source. If the HB1 light sources (or H1s and H3s for headlamp use) you wish to import bear all these markings, you may import them under Box 2A of the HS-7 Declaration Form as equipment certified as meeting the standards. If they do not bear these markings, they may not be imported until marked and certified by Phoenix or by Bietrix according to the regulations discussed above. If you have further questions, please call Mr. Vinson at (202)366-5263. Sincerely, John Womack Acting Chief Counsel Enclosures"; |
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ID: aiam2825OpenMr. Warren L. VanderLinden, Sales Manager, Minnesota Motor Company, P.O. Box 505, Fergus Falls, MN 56537; Mr. Warren L. VanderLinden Sales Manager Minnesota Motor Company P.O. Box 505 Fergus Falls MN 56537; Dear Mr. VanderLinden: Administrator Claybrook has asked me to respond to your recent lette concerning the installation of safety belts in the cargo area of a van vehicle for the purpose of securing wheelchair patients. Apparently, your legal counsel has advised you that such installation might be prohibited by Federal law or might give rise to private litigation problems in the future.; In answer to your questions, there is nothing under Federal law or th Federal motor vehicle safety standards that would prevent the installation of safety belts in the cargo area of a van to secure wheelchairs. In fact, Administrator Claybrook and the National Highway Traffic Safety Administration encourage you to make the installation requested by the senior citizens home. The safe transportation of disabled persons is currently a serious problem and every effort should be made to ameliorate the situation.; The only instance in which you would have any responsibilities unde Federal law would be an installation of additional safety belts prior to first purchase of the van by a consumer. In that case you would be a vehicle alteror, (sic) and under our certification regulations you would be required to place an additional label on the vehicle specifying that, as altered, the vehicle is still in compliance with all applicable safety standards (49 CFR 567.7, copy enclosed). For example, you should not destroy the vehicle's compliance with our Fuel System Integrity standard by penetrating the gas tank with the safety belt anchorage bolts.; Concerning your liability in private litigation, the general provision of negligence law would be applicable, as with any maintenance, repair or alteration done by a motor vehicle repair business. I must defer to the advice of your own counsel on that matter, however.; Once again, the agency does encourage the installation of safety belt for the securement of wheelchairs, since the disabled are seriously endangered without some type of restraint to protect them in a crash. Further, I believe that your fears of liability should be minimal as long as the installation is accomplished with normal consideration and due care.; Please contact Hugh Oates of my office if you have any furthe questions (202-426- 2992).; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam2824OpenMr. Warren L. VanderLinden, Sales Manger, Minnesota Motor Company, P.O. Box 505, Fergus Falls, MN 56537; Mr. Warren L. VanderLinden Sales Manger Minnesota Motor Company P.O. Box 505 Fergus Falls MN 56537; Dear Mr. VanderLinden: Administrator Claybrook has asked me to respond to your recent lette concerning the installation of safety belts in the cargo area of a van vehicle for the purpose of securing wheelchair patients. Apparently, your legal counsel has advised you that such installation might be prohibited by Federal law or might give rise to private litigation problems in the future.; In answer to your questions, there is nothing under Federal law or th Federal motor vehicle safety standards that would prevent the installation of safety belts in the cargo area of a van to secure wheelchairs. In fact, Administrator Claybrook and the National Highway Traffic Safety Administration encourage you to make the installation requested by the senior citizens home. The safe transportation of disabled persons is currently a serious problem and every effort should be made to ameliorate the situation.; The only instance in which you would have any responsibilities unde Federal law would be an installation of additional safety belts prior to first purchase of the van by a consumer. In that case you would be a vehicle alteror (sic), and under our certification regulations you would be required to place an additional label on the vehicle specifying that, as altered, the vehicle is still in compliance with all applicable safety standards (49 CFR 567.7, copy enclosed). For example, you could not destroy the vehicle's compliance with our Fuel System Integrity standard by penetrating the gas tank with the safety belt anchorage bolts.; Concerning your liability in private litigation, the general provision of negligence law would be applicable, as with any maintenance, repair or alteration done by a motor vehicle repair business. I must defer to the advice of your own counsel on that matter, however.; Once again, the agency does encourage the installation of safety belt for the securement of wheelchairs, since the disabled are seriously endangered without some type of restraint to protect them in a crash. Further, I believe that your fears of liability should be minimal as long as the installation is accomplished with normal consideration and due care.; Please contact Hugh Oates of my office if you have any furthe questions (202-426- 2992).; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam2826OpenMr. Warren L. VanderLinden, Sales Manager, Minnesota Motor Company, P.O. Box 505, Fergus Falls, MN 56537; Mr. Warren L. VanderLinden Sales Manager Minnesota Motor Company P.O. Box 505 Fergus Falls MN 56537; Dear Mr. VanderLinden: Administrator Claybrook has asked me to respond to your recent lette concerning the installation of safety belts in the cargo area of a van vehicle for the purpose of securing wheelchair patients. Apparently, your legal counsel has advised you that such installation might be prohibited by Federal law or might give rise to private litigation problems in the future.; In answer to your questions, there is nothing under Federal law or th Federal motor vehicle safety standards that would prevent the installation of safety belts in the cargo area of a van to secure wheelchairs. In fact, Administrator Claybrook and the National Highway Traffic Safety Administration encourage you to make the installation requested by the senior citizens home. The safe transportation of disabled persons is currently a serious problem and every effort should be made to ameliorate the situation.; The only instance in which you would have any responsibilities unde Federal law would be an installation of additional safety belts prior to first purchase of the van by a consumer. In that case you would be a vehicle alteror, (sic) and under our certification regulations you would be required to place an additional label on the vehicle specifying that, as altered, the vehicle is still in compliance with all applicable safety standards (49 CFR 567.7, copy enclosed). For example, you should not destroy the vehicle's compliance with our Fuel System Integrity standard by penetrating the gas tank with the safety belt anchorage bolts.; Concerning your liability in private litigation, the general provision of negligence law would be applicable, as with any maintenance, repair or alteration done by a motor vehicle repair business. I must defer to the advice of your own counsel on that matter, however.; Once again, the agency does encourage the installation of safety belt for the securement of wheelchairs, since the disabled are seriously endangered without some type of restraint to protect them in a crash. Further, I believe that your fears of liability should be minimal as long as the installation is accomplished with normal consideration and due care.; Please contact Hugh Oates of my office if you have any furthe questions (202-426- 2992).; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam4039OpenMr. William R. Fink, President, Isis Imports, Ltd., P.O. Box 2290, U.S. Custom House, San Francisco, CA 94126; Mr. William R. Fink President Isis Imports Ltd. P.O. Box 2290 U.S. Custom House San Francisco CA 94126; Dear Mr. Fink: This is in reply to your letter of November 22, 1985, to the forme Chief Counsel of this agency, Frank Berndt. Your company, Isis Imports, is an importer of Morgan passenger cars, and has heretofore imported them pursuant to 19 C.F.R. 12.80(b)(1)(iii). Upon advice of your attorney you have concluded that you may instead import them pursuant to 12.80(b)(1)(ix), and wish to inform the National Highway Traffic Safety Administration of that fact.; More specifically, under 12.80(b)(1)(iii) an importer declares that hi vehicles was not manufactured in conformity with the Federal motor vehicle safety standards, but that it has been, or will be, brought into conformity, he also is required to furnish a bond for the production of a conformity statement. Under 12.80(b)(1)(ix), the importer simply declares that the vehicle is an 'incomplete vehicle' as defined by 49 CFR Part 568, no bond is required as it is assumed that the vehicle will be completed to conform to the Federal safety standards and bear the certification of its final- stage manufacturer. Because the Morgans are received from Morgan Motor Company without 'major components of the fuel system: no fuel tank, fuel lines, carburetor, etc.,' you believe that they are 'incomplete vehicles,' which are defined by S568.3 as 'an assemblage consisting as a minimum of frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations...to become a completed vehicle.'; We disagree with your conclusion. The rulemaking history of Part 56 clearly shows that the intent of the regulation is to cover vehicles whose manufacture has customarily been shared. As the agency commented in 1970, 'A large number of heavy vehicles of all types, of recreational vehicles, and of special purpose vehicles are manufactured in two or more stages, of which the first is an incomplete vehicle such as a stripped chassis, chassis cowl, or chassis cab to which one or more subsequent manufacturers add components to produce a completed vehicle.' (35 FR 4639) The Morgan, on the other hand, is a passenger car ordinarily manufactured in a single stage, and in this instance is nonetheless virtually complete when it arrives in the United States. It is therefore a 'motor vehicle' within the meaning of 19 CFR 12.80(b)(1)(iii), and the agency will not accept any HS-7 forms evidencing attempts to enter the vehicles pursuant to 12.80(b)(1)(ix).; I enclose copies of a couple of rulemaking proposals on Part 568 s that you might have a better understanding of its thrust. Were we to accept your interpretation, S568.4(a) would require Morgan Motor Company to furnish a document with each vehicle advising Isis how compliance with each applicable Federal motor vehicle safety standard might be affected by its final manufactured operations. Given the decision of Peter Morgan over the years not to conform his vehicles for the American market, we question whether he would furnish a document attesting that his product complies with all Federal motor vehicle safety standards, except 301, *Fuel System Integrity*.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3651OpenMr. J. W. Lawrence, Manager, Compliance and Recall, Volvo White Truck Corporation, P.O. Box D-1, Greensboro, NC 27402-1200; Mr. J. W. Lawrence Manager Compliance and Recall Volvo White Truck Corporation P.O. Box D-1 Greensboro NC 27402-1200; Dear Mr. Lawrence: This responds to your letter concerning Safety Standard No. 101 *Controls and Displays*. You asked whether the standard's identification and illumination requirements are applicable to an optional windshield wiper control you are planning to make available on some heavy duty trucks.; By way of background information, the agency does not provide approval of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is up to the manufacturer to assure that its vehicles and equipment comply with applicable Federal motor vehicle safety standards. The following interpretation represents our opinion based on the facts provided in your letter. It also takes into account information provided in a follow-up telephone conversation with Edward Glancy of this office.; The standard wiper controls for the vehicles in question consist of tw knobs which independently control the left and right wipers. These controls provide both the on-off function and variable speed. According to your letter, these controls are identified and illuminated as required by the standard.; The proposed optional control, the specific subject of your letter would provide a time delay for windshield wiper operation during light mist conditions. The control would be a knob which, if turned to the left, would provide no pause, and if turned toward the right, would offer a variable time delay.; We are unable to agree with your suggestion that the control is no covered by Standard No. 101. As discussed below, Standard No. 101 requires that this control, like the standard controls, be identified and illuminated in accordance with the standard's requirements. Additional words or symbols may be provided for the purpose of clarity.; Section S5 of Standard No. 101 requires, among other things, that eac truck manufactured with any control listed in S5.1 or in column 1 of Table 1 meet the requirements of the standard for the location, identification, and illumination of such control. One of the controls listed by S5.1 is 'windshield wiper.' Also, 'windshield wiping system' is among the controls listed in column 1 of Table 1. The issue raised by your letter is therefore whether an optional control for intermittent wiper operation is within the meaning of 'windshield wiper' control and/or 'windshield wiping system' control. It is our interpretation that such a control is within the meaning of both terms.; Neither the term 'windshield wiper' control nor 'windshield wipin system' control is limited to specific wiper functions, such as on-off, variable speed, etc. Since a control for intermittent wiper operation controls one function of windshield wipers, it is a 'windshield wiper' control or 'windshield wiping system' control. Such a control is therefore subject to the standard's requirements for location, identification and illumination.; We would note that while section S5.2.1 and Table 1 require such control to be identified by the symbol specified for windshield wiping system controls, additional words or symbols may be used at the manufacturer's discretion for purposes of clarity. Since your vehicles would have three windshield wiper controls, you may wish to provide such additional words or symbols to explain the function of each.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4136OpenMr. Earl J. Ogletree, Mr. John Gaski, Harley Products Inc., 904 S Prospect Avenue, Park Ridge, IL 60068; Mr. Earl J. Ogletree Mr. John Gaski Harley Products Inc. 904 S Prospect Avenue Park Ridge IL 60068; Dear Mr. Ogletree and Mr. Gaski: Thank you for your letter of March 28, 1986, asking how our regulation would affect a product you intend to manufacture both as an aftermarket item of motor vehicle equipment and as an item of original equipment on some vehicles imported into this country. You described the product as a sun visor that clips onto a vehicle's regular visor. You further explained that the sun visor has an extension arm that allows the visor to be moved to filter out the sun coming in through the window to the left of the driver, or moved below the original equipment visor between the two original equipment visors. I hope the following discussion explains how our regulations affect your proposed visor.; 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 your proposed sun visor 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 sun visors 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.; If you need further information, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam4073OpenE. Timothy Pawl, P.E., President, Pawl Inventioneering Corporation, P.O. Box 5425, West Bloomfield, MI 48033; E. Timothy Pawl P.E. President Pawl Inventioneering Corporation P.O. Box 5425 West Bloomfield MI 48033; Dear Mr. Pawl: This is in response to your letter of November 29, 1985, to the forme Chief Counsel of this agency, Jeffrey R. Miller, asking for an interpretation of Motor Vehicle Safety Standard No. 108.; Your letter is vague as to the precise function of your 'safet related' lighting device, and whether you wish to offer it as original equipment or equipment intended for installation after the sale of a vehicle to its first purchaser for purposes other than resale. If the latter, then its legality is determinable solely under the laws of each State in which it will be used.; If you intend it as original equipment, on a vehicle at the time of it initial sale, then its legality would be determinable under Standard No. 108. As a general rule, section S4.1.3 prohibits the installation of any device that would impair the effectiveness of lighting equipment required by the standard. You have informed us that your device, which consists of 'amber LED's' in the 'rear package tray,' is inoperative during application of the service brakes, thus, it does not appear that it would impair the effectiveness of the center high-mounted stop lamp.; You have also stated that it is located 'in relative proximity' to th center stop lamp but is not combined with it, and you have asked if this meets the intent of S4.4.1 regarding equipment combinations. This section forbids the combination of the center stop lamp with any other lamp or reflective device. Since your device is physically separate from the center lamp, S4.4.1 would not appear to prohibit your device.; You have also stated that when viewed from the rear, 'the pattern o illuminated LED's may change, possibly giving the illusion of flashing,' and you ask for a definition of 'flashing' as described in section S4.6(c). This section has been renumbered S4.5.11, and subsection (c) permits an exception to the general rule that lamps in use must be steady-burning, permitting headlamps and side marker lamps to 'flash' for signalling purposes. The definition of flash is that contained in S3, a cycle of activation and deactivation by automatic means, and this definition does not specify frequency or other characteristics. To us, the important question is whether your device complies with section S4.5.11(e) which requires all lamps (other than those specifically excepted) to be steady-burning in use. A lamp that changes patterns may not flash, but it cannot be viewed as steady-burning either.; Finally, you state that 'section S4.3 states that no function othe than red reflex reflectors shall be combined with CHMSL or rear turn signal lamps' and ask whether amber or any other color 'may be used in proximity' since it is not used in combination. We believe you must be referring to section S4.4.1 which states that 'no clearance lamp may be combined optically with any taillamp or identification lamp, and no high-mounted stop lamp shall be combined with any other lamp or reflective device.' As we do not know the intended functions of your LED device, I can offer only general comments. Although red is the required color for all rear lighting devices except backup and license plate lamps, amber is permitted as an optional color for rear turn signals, furthermore, amber is generally accepted as indicating the need for caution. Thus, amber is not a lens color whose presence on rear lighting devices would *per se* impair effectiveness. The use of other colors for lighting devices on the rear of vehicles could lead to confusion, and be viewed as impairing the effectiveness of required lighting equipment.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam1012OpenMr. John H. Fildew, Attorney, Fildew, Gilbridge, Miller & Todd, 3156 Penobscot Building, Detroit, MI 48226; Mr. John H. Fildew Attorney Fildew Gilbridge Miller & Todd 3156 Penobscot Building Detroit MI 48226; Dear Mr. Fildew: This is in response to your letter of February 14, 1973, in which yo asked about the responsibilities with respect to the motor vehicle safety standards of an automobile dealer who sends a new vehicle to specialty manufacturer for modifications. You asked whether the dealer must file reports as a final-stage manufacturer, or ascertain whether the specialty manufacturer has filed reports or certified the vehicle.; The final-stage manufacturer in the case you describe is the specialt manufacturer, and all the responsibilities that pertain to that category lie with him, not the dealer. There is also no obligation for the dealer to ascertain that the specialty manufacturer has filed reports.; The answer with respect to the dealer ascertaining that the final stage manufacturer has certified the vehicle is somewhat less clear. There is no direct responsibility for this, a failure of the final-stage manufacturer to certify would not itself bring down any penalties on the dealer. However, the certification is designed to protect the dealer, in cases of nonconformity with the standards of which the dealer does not have actual knowledge. (See sections 108(b)(2) and 114 of the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1397(b)(2), 1403.) To put it negatively, if the vehicle were completed in violation of applicable standards and it were not certified, a dealer might be considered to have sold a nonconforming vehicle without the exercise of due care, in violation of the Act. The question is further complicated by the fact that not all alterations would rise to the level of manufacturing (addition of trailer hitches probably would not, for example). and these minor changes would not require additional certification by anyone. In sum, although there is no direct legal obligation for the dealer to see that there is a certification where there are major alternations, it is a very good idea, for his own protection.; The regulations on this subject are codified in Parts 567 and 568 o Title 49, Code of Federal Regulations. The October 1, 1972 edition of that title is current with respect to those parts. We do have a proposal outstanding to make some amendments regarding the certification of altered vehicles (37 FR 22800, October 25, 1972), and an amended rule may be issued in the near future.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam1011OpenMr. John H. Fildew, Attorney, Fildew, Gilbridge, Miller & Todd, 3156 Penobscot Building, Detroit, MI 48226; Mr. John H. Fildew Attorney Fildew Gilbridge Miller & Todd 3156 Penobscot Building Detroit MI 48226; Dear Mr. Fildew: This is in response to your letter of February 14, 1973, in which yo asked about the responsibilities with respect to the motor vehicle safety standards of an automobile dealer who sends a new vehicle to specialty manufacturer for modifications. You asked whether the dealer must file reports as a final-stage manufacturer, or ascertain whether the specialty manufacturer has filed reports or certified the vehicle.; The final-stage manufacturer in the case you describe is the specialt manufacturer, and all the responsibilities that pertain to that category lie with him, not the dealer. There is also no obligation for the dealer to ascertain that the specialty manufacturer has filed reports.; The answer with respect to the dealer ascertaining that the final stage manufacturer has certified the vehicle is somewhat less clear. There is no direct responsibility for this, a failure of the final-stage manufacturer to certify would not itself bring down any penalties on the dealer. However, the certification is designed to protect the dealer, in cases of nonconformity with the standards of which the dealer does not have actual knowledge. (See sections 108(b)(2) and 114 of the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1397(b)(2), 1403.) To put it negatively, if the vehicle were completed in violation of applicable standards and it were not certified, a dealer might be considered to have sold a nonconforming vehicle without the exercise of due care, in violation of the Act. The question is further complicated by the fact that not all alterations would rise to the level of manufacturing (addition of trailer hitches probably would not, for example). and these minor changes would not require additional certification by anyone. In sum, although there is no direct legal obligation for the dealer to see that there is a certification where there are major alternations, it is a very good idea, for his own protection.; The regulations on this subject are codified in Parts 567 and 568 o Title 49, Code of Federal Regulations. The October 1, 1972 edition of that title is current with respect to those parts. We do have a proposal outstanding to make some amendments regarding the certification of altered vehicles (37 FR 22800, October 25, 1972), and an amended rule may be issued in the near future.; Yours truly, Richard B. Dyson, Assistant 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.