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: aiam0941OpenMr. R. L. Coleman, Assistant Manager, Crawford and Company Insurance Adjusters, 4915 Augusta Avenue, Post Office Box 6473, Richmond, VA 23230; Mr. R. L. Coleman Assistant Manager Crawford and Company Insurance Adjusters 4915 Augusta Avenue Post Office Box 6473 Richmond VA 23230; Dear Mr. Coleman: This is in reply to your letter of September 19, 1972, concerning a accident involving a 1972 International tractor which you maintain was not certified by its manufacturer as complying with applicable Federal standards. You state that the accident may have been due to 'insufficient gross vehicle weight'.; The Certifications regulations (49 CFR Parts 567,568) do requir final-stage manufacturers to certify the conformity of vehicles they complete, by affixing to them a label containing information specified in the regulations. In the case of vehicles manufactured on or after january 1, 1972, the regulations require that such information include a gross vehicle weight rating, and a gross axle weight rating for each axle. These ratings are set by the manufacturer based on definitional criteria found in the regulations (S 568.3, 49 CFR S 571.3). Your definition of a 'final-stage' manufacturer, 'anyone who installs a component that is not readily attachable', is correct only if the component installation is to an incomplete vehicle.; Your letter has been forwarded to our Office of Standards Enforcement who will conduct whatever investigation is appropriate to determine whether violations of NHTSA regulations have occurred. Such an investigation does not include ascertaining the cause of any accident, or whether a particular vehicle may have been overloaded. It concerns only whether the respective manufacturers have complied with NHTSA regulations applicable to them. If you wish to know the results of this investigation when it is completed, you may write our Office of Standards Enforcement, NHTSA, or call Mr. George Shifflett of that office at (202) 426-1693.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam1653OpenMr. H. (Speedy) Hirai, Technical Representative, Toyo Kogyo Co., Ltd. USA, 23777 Greenfield Road, Suite 462, Southfield, MI 48075; Mr. H. (Speedy) Hirai Technical Representative Toyo Kogyo Co. Ltd. USA 23777 Greenfield Road Suite 462 Southfield MI 48075; Dear Mr. Hirai: This is in response to your letter of October 18, 1974, in which yo ask whether you must supply consumer information concerning a vehicle whose motor is modified by a high-altitude kit. Further, you wish to know whether the acceleration and passing ability tests required by the regulation must be carried out at the barometric pressure required by section 575.106(d)(1)(vi).; It is our view that you must submit consumer information that meets al the requirements of Part 575, including those relating to barometric pressure, as they apply to these vehicles. Nonetheless, this does not prohibit your also including, separate from the required information, the performance characteristics of the vehicle at the altitude for which it has been modified. While we are aware that vehicles modified for high-altitude performance might not initially be sold at low altitudes, the highly mobile nature of automobile use makes it appropriate that owners be aware of their performance at the lower altitudes at which many of them will be driven and sold after their first purchase.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam4001OpenMr. Thomas J. Burke, Vice President - Domestic Sales, Hess & Eisenhardt Armoring Company, 8959 Blue Ash Road, Cincinnati, Ohio 45242; Mr. Thomas J. Burke Vice President - Domestic Sales Hess & Eisenhardt Armoring Company 8959 Blue Ash Road Cincinnati Ohio 45242; Dear Mr. Burke: Thank you for your letter of July 3, 1985, to Mr. Burdette and Mr Brownlee concerning a new automobile safety package your company is developing. Your letter was referred to my office for reply. You described your product as a number of modifications to a vehicle to improve its security. The modifications include changes to the windows, tires, doors, and fuel tank. I hope the following discussion explains how our regulations would affect your product.; The National Traffic and Motor Vehicle Safety Act authorizes th National Highway Traffic Safety Administration (NHTSA) to issue Federal Motor Vehicle Safety Standards for new motor vehicles and items of motor vehicle equipment. Under that authority, NHTSA has issued vehicle safety standards on a wide variety of subjects, including on tires, windows, doors and fuel tanks. I am enclosing an information sheet explaining how you can obtain copies of our standards. A manufacturer of new vehicles must certify that its vehicles conform to the requirements of all applicable safety standards. Under our certification regulating, Part 567, *Certification* (49 CFR part 567), a person who modifies a vehicle prior to its first sale to the consumer is considered an 'alterer.' Part 567.7 requires vehicle alterers to certify that the vehicle, as altered, conforms to all of our safety standards. Thus, if your company is modifying vehicles with your security package prior to their first sale to the consumer, it must certify that the vehicles, as altered, conform with all applicable standards. Any person who fails to comply with our certification regulations is subject to civil penalties under the Vehicle Safety Act.; If you company is modifying used vehicles, then its action would b affected by section 108(a)(2)(A) of the Vehicle Safety Act (15 U.S.C. S1397(a)(2)(A)), which was added to the Act in 1974 to address the problem of persons tampering with safety equipment installed on a motor vehicle. Section 108(a)(2)(A) provides, in part that:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard....<<<; Thus, a manufacturer, distributor, dealer, or motor vehicle repai business making the modifications you describe must ensure that those modifications do not 'render inoperative' the compliance of the vehicle with any safety standard. The Vehicle Safety Act provides for civil penalties for persons that 'render inoperative' an element of a safety standard.; I hope this information is of assistance to you. If you have furthe questions, please let me know.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam1203OpenMr. C.W. Todd, Market Supervisor, Fluids, Emulsions and Compounds, Dow Corning Corporation, Midland, Michigan 48640; Mr. C.W. Todd Market Supervisor Fluids Emulsions and Compounds Dow Corning Corporation Midland Michigan 48640; Dear Mr. Todd: This is in reply to your letter of July 27, 1973, asking if there is conflict between S5.4.3 of Motor Vehicle Safety Standard No. 105a and S5.2.1 of Standard No. 116.; There is no conflict. S5.4.3 of Standard No. 105a requires a label t be affixed to a new motor vehicle with the warning to use brake fluid from a sealed container. S5.2.1 of Standard No. 116 requires containers to be provided with resealable closures. A container with a resealable closure is 'sealed' within the meaning of S5.4.3 if it is resealed after initial opening.; I enclose copies of both notices as they appeared in the *Federa Register*.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam2585OpenMr. E. C. Elliott, Engineer, Product Safety and Environment, Sullair Corporation, 3700 East Michigan Boulevard, Michigan City, IN 46360; Mr. E. C. Elliott Engineer Product Safety and Environment Sullair Corporation 3700 East Michigan Boulevard Michigan City IN 46360; Dear Mr. Elliott: This responds to your April 1, 1977, question whether your company' wheel mounted portable air compressors qualify as motor vehicles under the National Traffic and Motor Vehicle Safety Act, as amended, (15 U.S.C. S 1381, *et. seq*.).; The answer to your question is yes. Section 102(3) of the Act define motor vehicle as:; >>>any vehicle driven or drawn by mechanical power manufacture primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.<<<; Thus, a motor vehicle is a vehicle which the manufacturer expects wil use the public highways as part of its intended function. Vehicles which use the highway on a necessary and recurring basis to move between work sites are motor vehicles. Since your portable air compressors are used in this manner they qualify as motor vehicles. For purposes of regulating motor vehicles, the National Highway Traffic Safety Administration (NHTSA) established vehicle catagories (sic) within that class. Your portable air compressors meet the definition of one of those catagories (sic), trailers.; The following safety standards are applicable to the manufacture o trailers: Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*, Standard No. 121, *Air Brake Systems*, and Standard No. 106-74, *Brake Hoses* (in the case of trailers equipped with air brakes), and Standard No. 120, *Tire Selection and Rims for Vehicles Other Than Passenger Cars*.; You will have to certify the compliance of your trailers to thes safety standards. Part 566, *Manufacturer Identification* (49 CFR Part 566), specifies identification information which must be submitted to the NHTSA by manufacturers of vehicles and equipment that are regulated by our safety standards. Part 567, *Certification* (49 CFR Part 567, (sic) specifies the content and location of the certification label or tag that must be attached to motor vehicles regulated by our standards.; Sincerely, Joseph J. Levin, Jr. Chief Counsel |
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ID: aiam5240OpenMr. Bernhard Peer President Peer Enterprises, Inc. P.O. Box 580237 Houston, TX 77258-0237; Mr. Bernhard Peer President Peer Enterprises Inc. P.O. Box 580237 Houston TX 77258-0237; "Dear Mr. Peer: This responds to your letter in which you reques 'Federal approval and certification' for the 'TWIP,' the product you plan to import into the United States. You state that this product is a battery driven, two-wheeled electric scooter with a maximum top speed of about 9 miles per hour. In a telephone conversation with Marvin Shaw of my staff, you stated that the TWIP will be used in warehouses and for recreational purposes. I am pleased to have this opportunity to explain our regulations to you. NHTSA has the authority under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A), Safety Act) to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Section 102(3) of the Safety Act defines 'motor vehicle' as: A ny 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 statements in your letter and in your telephone conversation that the TWIP would be used in warehouses and for off-road recreational purposes, it appears that the TWIP is manufactured primarily for off-road purposes rather than for use on the public streets. Therefore, your product would not be a motor vehicle and thus would not be subject to any of this agency's safety standards. Even if your product is manufactured for on-road use a substantial amount of the time, it appears that the TWIP would still not be a motor vehicle under this agency's statutory definitions. This is because NHTSA has stated in many previous interpretations that vehicles that regularly use the public roads will not be considered 'motor vehicles' if such vehicles have a maximum attainable speed of 20 miles per hour or less and have an abnormal configuration that readily distinguishes them from other vehicles. These criteria are met by the TWIP. In your letter, you stated that the TWIP has a top speed of approximately 9 miles per hour. The sales material you enclosed show that the TWIP's steering mechanism and driver's seat are attached to elongated bars that fold down apparently to make the scooter more portable. This configuration readily distinguishes it from motorcycles and other two-wheeled vehicles. I wish to clarify this agency's authority to provide 'federal approval and certification.' As noted above, under the Safety Act, NHTSA is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. However, NHTSA does not approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards. Therefore, even if the TWIP had been found to be a motor vehicle, the agency would not have approved or certified it. Rather, you, as its manufacturer, would be responsible for certification. Because your vehicle is not a 'motor vehicle,' under the Safety Act, none of this agency's standards or regulations applies to it. You may wish to contact the U.S. Consumer Product Safety Commission to learn if they have any Federal safety regulations that would apply. Their address is: Office of Chief Counsel 5401 Westbard Avenue Bethesda, MD 20207 Telephone: (301) 504-0980 You may also wish to consider the possible application of State laws to your product. For additional information on State laws, you may contact the American Association of Motor Vehicle Administrators at: 4200 Wilson Blvd., Suite 600 Arlington, VA 22203 Telephone: (703) 522-4200 I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam0042OpenMr. R.L. Donnelly, Corporate Secretary, The Armstrong Rubber Company, 4755 Elm Street, West Haven, Connecticut 06516; Mr. R.L. Donnelly Corporate Secretary The Armstrong Rubber Company 4755 Elm Street West Haven Connecticut 06516; Dear Mr. Donnelly: #Mr. Bridwell has asked that I reply to your lette of December 5, 1967, which asks if the labeling requirements of S4.3 of Standard No. 109, can be complied with by placing some of the information on one sidewall of a tire and other information on the other sidewall. #The Standard requires that all of the labeling information be on both sidewalls and placing some of the necessary information on one sidewall of the tire and some on the other would not satisfy this requirement. #The standard provides that until August 1, 1968, the labeling requirements of S4.3 may be met by affixing to each tire a label or tag that incorporates all specified information not molded into or onto the tire.'(sic) #Sincerely, Robert M. O'Mahoney, Assistant Chief Counsel; |
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ID: aiam4902OpenMr. Jack Garbo President/General Counsel AVM Products, Inc. 2333 Delante St. Fort Worth, TX 76117; Mr. Jack Garbo President/General Counsel AVM Products Inc. 2333 Delante St. Fort Worth TX 76117; Dear Mr. Garbo: This responds to your letter of July 11, 1991 requesting clarification of Standard No. 208. Specifically, you asked 'whether the three-point seatbelt is required in all middle and rear outboard seating positions in the multipurpose vehicles after September 1, 1991.' Specifically, you requested verification of your interpretation that these requirements apply only to forward-facing seating, and not rearward-facing seating. Your interpretation regarding rearward-facing seats is correct. Beginning September 1, 1991, multipurpose passenger vehicles must have lap/shoulder belts at every forward-facing rear outboard designated seating positions. The term 'rear outboard designated seating position' is defined in S4.2.4.1(b) as an 'outboard designated seating position' located rearward of the front seat(s). If by the phrase 'middle and rear outboard seating positions' you are referring to outboard seating positions in different rows of seats located behind the front seat(s), each such position that is forward-facing must be equipped with lap/shoulder belts after September 1, 1991. If instead the term 'middle' is referring to center seating position(s) on bench seats, such positions may be equipped with either lap or lap/shoulder belts. Rearward-facing seats may also be equipped with either lap or lap/shoulder belts. I hope this information is useful. If you have any further questions or need some additional information on this subject, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam5610OpenMr. Bryan G. Nelson Director, Health & Transportation Services Parents in Community Action Inc. 700 Humboldt Avenue, North Minneapolis, MN 55411; Mr. Bryan G. Nelson Director Health & Transportation Services Parents in Community Action Inc. 700 Humboldt Avenue North Minneapolis MN 55411; "Dear Mr. Nelson: Thank you for your letter asking for confirmatio that the National Highway Traffic Safety Administration (NHTSA) recommends, but does not require, school buses to be yellow. Your understanding is correct. NHTSA's recommendation that school buses be painted yellow is found in Highway Safety Program Guideline 17, 'Pupil Transportation Safety' (copy enclosed). Guideline 17 consists of recommendations for State pupil transportation safety programs. Guideline 17 will affect the operation of school buses in your area only if it has been adopted by your State or local officials. We wish to note, however, that there are safety reasons behind Guideline 17's recommendation for the uniform school bus color. Motorists associate the yellow color with school buses, and quickly recognize that a yellow bus is transporting school children. The yellow color is a signal to motorists to be especially alert around the vehicles, particularly when the buses are loading and unloading children. For these reasons, NHTSA believes all school buses should be yellow. We also want to highlight for your information that Guideline 17 is different from NHTSA's school bus safety standards, which by Federal law apply to all new school buses, regardless of State action. The school bus safety standards require new school buses to have safety systems such as energy-absorbing seats, school bus lamps, stop arms, and improved emergency exits and rearview mirrors. These requirements apply to all new school buses, no matter what the States have done to adopt them. The safety record of school buses has improved in the years since buses began to meet the school bus safety standards. I hope this information is helpful. If you have further questions, please contact Ms. Deirdre Fujita of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam0412OpenMr. T. Nakajima, Senior Engineer, Mitsubishi Motors Corporation, Suite 410 Trowell Building, 24681 Northwestern Highway, Southfield, MI 48075; Mr. T. Nakajima Senior Engineer Mitsubishi Motors Corporation Suite 410 Trowell Building 24681 Northwestern Highway Southfield MI 48075; Dear Mr. Nakajima:#This is in reply to your letter of July 12 inquirin whether the proposed identification of the windshield washing system and hazard warning system controls, depicted on the photographs and overlays you enclosed, would conform with the requirements of Standard No. 101.#Standard No. 101 requires use of the word 'WASH' to identify the washing system control, and the word 'HAZARD' to identify the vehicular hazard warning system control, when these controls are manually operated. Your photographs and overlays indicate that you will use the required words to identify the appropriate controls. In our view, you have understood the requirements correctly.#Sincerely, Lawrence R. Schneider, Acting 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.