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: aiam2220OpenMs. Diane Bortle, Executive Secretary, VIRACON, Inc., 800 Park Drive, Industrial Park, Owatonna, MN 55060; Ms. Diane Bortle Executive Secretary VIRACON Inc. 800 Park Drive Industrial Park Owatonna MN 55060; Dear Ms. Bortle: This responds to Viracon's December 13, 1975, and January 28, 1976 requests for a copy of Standard No. 216, *Roof Crush Resistance*, and for a discussion of the distinction under NHTSA regulations between installation of a sunroof before and after 'original sale of the roof.' A copy of Standard No. 216 has already been mailed to Viracon under separate cover.; You suggest that there may be different regulations for installation o a sunroof prior to, and after, the sale of the roof, by which I understand you to mean the sunroof. The NHTSA does not regulate sunroofs as such, but it does regulate the roof strength of most passenger cars (Standard No. 216), and conformity with this standard can be affected by installation of the sunroof.; Section 108(a) (1) (A) of the National Traffic and Motor Vehicle Safet Act (15 U.S.C. S 1397(a) (1) (A)) prohibits, among other things, the sale of a motor vehicle that does not comply with all applicable standards. Anyone that modifies a passenger car roof by the addition of your product would be responsible for compliance with Standard No. 216 at the time of sale. This would include alterations of the type made to a vehicle that has been certified by the manufacturer (49 CFR Part 567). This prohibition does not apply (except in cases of importation) after the first purchase of the vehicle in good faith for purposes other than resale (15 U.S.C. S 1397(b) (1)).; The Act also prohibits, except in the process of repair, manufacturer, distributor, dealer, or repair business from knowingly rendering inoperative, in whole or part, any device or element of design installed in a motor vehicle in compliance with applicable standards (15 U.S.C. S 1397(a) (2) (A)). This means that these classes of persons may not install one of your products, even after the first retail sale, if the installation takes the vehicle out of conformity with Standard No. 216 or any other applicable Federal motor vehicle safety standard.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4638OpenMr. Carlos Chavez R. General Manager Frenos Hidraulicos Automotrices, S.A. (FHASA/Wagner) Apartado Postal 404 Centro C.P. 06000, Mexico, D.F. San Juan Ixhuatepec, Edo. de Mexico; Mr. Carlos Chavez R. General Manager Frenos Hidraulicos Automotrices S.A. (FHASA/Wagner) Apartado Postal 404 Centro C.P. 06000 Mexico D.F. San Juan Ixhuatepec Edo. de Mexico; "Dear Mr. Chavez: This responds to your letter requesting informatio on a DOT 'registration' to enable you to sell your products in this country. You state that you manufacture brake fluid, hydraulic brake rubber cups and boots, brake hose and flashers. I regret the delay in responding. By way of background, the National Highway Traffic Safety Administration (NHTSA) administers Federal standards for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment (including brake fluid, brake hose, and automotive lamps) sold in or imported into this country. These standards are issued under the National Traffic and Motor Vehicle Safety Act (copy enclosed), which establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. This process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. (A general information sheet describing manufacturers' responsibilities under the Safety Act is enclosed.) The Federal Motor Vehicle Safety Standards (FMVSS's) that would apply to the products you list are FMVSS No. 106, Brake Hoses, FMVSS No. 108, Lamps, Reflective Devices and Associated Equipment, and FMVSS No. 116, Motor Vehicle Brake Fluids. These standards are found in Title 49 of the Code of Federal Regulations Part 571. (Please note that the October 1988 revision of 49 CFR inadvertently omitted Standard No. 116's requirements in paragraphs S5.2.2.2(a) through (g), and S5.2.2.3(a) through (e), with which a packager still must comply. These paragraphs are reprinted at the end of the 1988 revision of 49 CFR 571.116.) Your products must meet all applicable requirements of these FMVSS's, and be free from safety-related defects, to be sold in or imported into this country. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which your products are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer which fails to provide notification of or remedy for a noncompliance or defect may be subject to a civil penalty of up to $1,000 per violation. We aren't sure what you mean by the DOT 'registration,' but we believe you are referring to one of several procedural requirements you must satisfy in order to sell your products in this country. The first is 49 CFR Part 566, Manufacturer Identification. This rule requires manufacturers of equipment to which an FMVSS applies ('covered equipment'--e.g., brake fluid and hoses) to submit its name, address, and a brief description of the items of equipment it manufactures to NHTSA within 30 days after it first imports its products into the United States. Second, 49 CFR Part 55l, Procedural Rules (Subpart D) requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to the Chief Counsel, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590, and must include the following information: l. A certification that the designation of agent is valid in form and binding on the manufacturer under the laws, corporate-by-laws, or other requirements governing the making of the designation at the time and place where it is made, 2. The full legal name, principal place of business and mailing address of the manufacturer, 3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name, 4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer, 5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm or a United States Corporation, and, 6. The full legal name and address of the designated agent. In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature. Third, Standard No. 106 (Brake hoses) requires brake hose manufacturers to label their hose with a designation (consisting of block capital letters, numerals or a symbol) that identifies the manufacturer of the hose. The designation assists NHTSA in identifying the manufacturers of noncomplying or defective brake hoses. You would file the designation in writing with NHTSA's Office of Vehicle Safety Standards, Crash Avoidance Division, 400 Seventh St., S.W., Washington, D.C., 20590. I hope this information is helpful. I have also enclosed an information sheet describing how you can obtain copies of NHTSA's standards and regulations. Please contact us if you have further questions. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosures"; |
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ID: aiam5030OpenMr. Jeffrey Puentes, President Sacramento Registration Service 11684 Ventura Blvd., Suite 271 Studio City, CA 91604; Mr. Jeffrey Puentes President Sacramento Registration Service 11684 Ventura Blvd. Suite 271 Studio City CA 91604; "Dear Mr. Puentes: This responds to your request for information o laws and regulations administered by this agency that would apply to motorcycle frames, a product that your client wishes to manufacture and sell. Since motorcycle frames would constitute 'motor vehicle equipment,' the product would be subject to NHTSA's jurisdiction as follows. Your letter stated that your client intends the frames to be sold to the 'retail public' and to be used to replace frames of damaged Harley Davidson motorcycles. In a telephone conversation with Dorothy Nakama of my staff, you stated that your client is a domestic manufacturer, and the term 'serial number' in your letter meant vehicle identification numbers (VINs), as specified by this agency. The National Traffic and Motor Vehicle Safety Act (the Safety Act) authorizes this agency to regulate 'motor vehicles' and items of 'motor vehicle equipment.' Section 102(4) of the Safety Act (15 U.S.C. 1391(4)) defines 'motor vehicle equipment,' in part, as: any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component ... In your letter, you stated that your client intends its motorcycle frames to be used to replace frames in damaged motorcycles. Thus, the motorcycle frames would be 'motor vehicle equipment' since they are 'similar parts' that will be 'sold for replacement' of a part. If your client's motorcycle frames should be installed into a motorcycle by a commercial business, Section 108(a)(2)(A) of the Safety Act could affect such installations. That section of the Act requires manufacturers, distributors, dealers, and motor vehicle repair businesses to ensure that they do not knowingly render inoperative any device or element of design installed on or in a motor vehicle or itemof motor vehicle equipment in compliance with an applicable Federal Motor Vehicle Safety Standard (FMVSS). The above-named businesses could sell the motorcycle frames but could not install them if the installation would adversely affect a motorcycle's compliance with any of the applicable FMVSS's. In the first instance, it would be the responsibility of these entities to determine whether there is any possibility of such an effect. The prohibitions of Section 108(a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her motorcycle. Thus, a motorcycle owner would not violate the Safety Act by replacing the motorcycle frame, even if doing so would adversely affect some safety feature in his or her motorcycle. Manufacturers of motor vehicle equipment such as motorcycle frames are also subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. The Safety Act specifies that if either your client's company or this agency determines that a safety-related defect exists in the motorcycle frame, that company as the manufacturer must notify purchasers of the safety-related defect and must either: (1) repair the product so that the defect is removed, or (2) replace the product with identical or reasonably equivalent products which do not have a defect. Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than 8 years before the notification campaign. You also asked about vehicle identification numbers (VINs) (referred to in your letter as 'serial numbers') and whether motorcycle frames must be identified with VINs. As you may be aware, Federal Motor Vehicle Safety Standard No. 115, Vehicle identification number- basic requirements specifies that vehicles manufactured in one or more stages must have a VIN assigned by the manufacturer. Your client is a motorcycle frame manufacturer, not a motor vehicle manufacturer. Therefore, your client should not assign VINs to the motorcycle frames that it manufactures. Please note, however, that NHTSA regulations would not preclude your client from assigning 'serial numbers' to the frames it manufactures, if the numbers are for its own inventory, recordkeeping, or other internal purposes. You further requested information about laws regulating retail businesses that may affect your client. Other than the matters that have previously been discussed in this letter, NHTSA has no laws or regulations affecting your client as a retail business selling motorcycle frames. Regulation of retail businesses is generally a matter of state law. For more specific information, I would suggest you investigate the requirements for each state in which your client intends to begin a retail establishment. For your information, I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. This sheet gives a brief description of our regulations and explains how to obtain copies of those regulations. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam4732OpenVirve Airola Oy Toppi Ab Toppi Plast. PL 25 P.O. Box SF-02321 ESPOO Finland; Virve Airola Oy Toppi Ab Toppi Plast. PL 25 P.O. Box SF-02321 ESPOO Finland; "Dear Mr. Airola: This responds to your letter concerning Federal Moto Vehicle Safety Standard (FMVSS) No. 106, Brake Hoses. We understand that you are interested in supplying your products to a vehicle manufacturer (Saab-Scania), who specifies that you must 'register' with this agency as a brake hose manufacturer. You request information that would enable you to meet this product specification. I regret the delay in responding. By way of background, the National Highway Traffic Safety Administration (NHTSA) administers Federal regulations for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment (including brake hoses) sold in or imported into this country. The National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. This process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. NHTSA tests vehicles and equipment sold to consumers for compliance with the FMVSS's and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which your hoses are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer which fails to provide notification of or remedy for a noncompliance or defect may be subject to a civil penalty of up to $1,000 per violation. Saab-Scania's product specification appears to relate to the labeling requirements of Standard No. 106. Under S7.2.1(b) of Standard No. 106, air brake hose manufacturers must label their hose with a designation (consisting of block capital letters, numerals or a symbol) that identifies the manufacturer of the hose. The designation assists NHTSA in identifying the manufacturers of noncomplying or defective brakehoses. There is no NHTSA application form for the designation, instead, the manufacturer simply files the designation in writing with NHTSA's Crash Avoidance Division, at the address provided in S7.2.1(b) of the standard. From your letter, it appears that Saab-Scania also specifies that your brake hoses must meet all applicable FMVSS's. Standard No. 106 applies to new motor vehicles and to 'brake hoses' (which include plastic tubing), brake hose end fittings, and brake hose assemblies. The standard specifies labeling and performance requirements for these products to reduce the likelihood of brake system failure from ruptures in the brake hose or brake hose assembly. New brake hoses, end fittings and assemblies must meet these requirements to be sold in or imported into this country. If they don't comply, the manufacturers are subject to civil penalties of $1000 per violation, and the notification and remedy provisions of the Safety Act. I have enclosed a copy of the standard for your information, photocopied from the October 1, 1989 edition of Title 49 of the Code of Federal Regulations (49 CFR 571.106). In addition to the requirements described above, please note that your manufacture of brake hoses may also be affected by NHTSA's longstanding interpretation of our regulation on manufacturer identification (49 CFR Part 566, copy enclosed), if Saab-Scania sells vehicles equipped with your brake hoses in this country. This rule requires a manufacturer of equipment to which an FMVSS applies ('covered equipment'--e.g., brake hoses) to submit its name, address, and a brief description of the items of equipment it manufactures to NHTSA separately from the vehicle manufacturer to which the equipment manufacturer supplies its products. NHTSA has interpreted this regulation to require the information from foreign manufacturers of covered equipment supplying their products to a foreign vehicle manufacturer selling its vehicles in the United States. (Enclosed is a copy of the agency's January 26, 1972 letter to Mr. Nakajima of Toyota Motor Company on this issue.) Please note that Oy Toppi is not required to designate an agent for service of process under 49 CFR Part 551 (Subpart D), if Oy Toppi supplies its products only to a foreign vehicle manufacturer. This is the case even if the foreign vehicle manufacturer installs Oy Toppi's products on vehicles that will be sold in the United States. However, please keep in mind that Oy Toppi must designate an agent under Part 551 if Oy Toppi decides to offer its equipment for importation into the United States. I have enclosed a copy of this regulation for your information. I hope this information is helpful. Please contact us if you have further questions. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosures"; |
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ID: aiam4545OpenMr. M. Iwase, Manager Technical Administrative Department Koito Mfg. Co., Ltd. Shizuoka Works 500, Kitawaki Shimizu-shi, Shizuoka-Ken Japan; Mr. M. Iwase Manager Technical Administrative Department Koito Mfg. Co. Ltd. Shizuoka Works 500 Kitawaki Shimizu-shi Shizuoka-Ken Japan; Dear Mr. Iwase: This is in reply to your letter of February 22, 1988 asking whether location of a stop and taillamp on a deck lid would comply with Federal Motor Vehicle Safety Standard No. 108. In your opinion this is acceptable because the vehicle complies with the trunk lid closed. You have also asked, alternatively, whether the deck lid is an acceptable location for turn signal lamps. Section S4.3.1 of Standard No. 108 requires lighting devices to be mounted on 'a rigid part of the vehicle...that is not designed to be removed except for repair'. In past interpretations the agency has stated that a deck lid is 'a rigid part of the vehicle', and that compliance with the standard will be determined with the deck lid closed. Thus, it may be used for mounting lamps and reflectors required by Standard No. 108. However, Table IV specifies the location for rear lamps. Stoplamps, taillamps, rear turn signal lamps, and rear reflex reflectors must be mounted 'as far apart as practicable'. Although the determination of practicability is initially made by the vehicle manufacturer, the agency in its enforcement efforts would consider whether lighting equipment mounted on the deck lid meets the requirements of Table IV. On the other hand, the separation requirement is not specified for backup lamps and license plate lamps. I have enclosed for your information a copy of a l980 interpretation that addressed a similar question. As you will note, the agency raised some safety concerns in that letter which could also pertain to your design. Operation of a motor vehicle in the United States is subject to the laws of the individual States, some of which may prohibit operation of a vehicle when its turn signals and stop lamps are not visible. In summary, we urge you to consider the issues described above, including those raised in the l980 letter, in deciding whether to proceed with this design. Sincerely, Erika Z. Jones Chief Counsel Enclosure; |
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ID: aiam4391OpenMr. John R. Niemela President Ranger International Inc. P.O. Box 311 Peterborough, NH 03458; Mr. John R. Niemela President Ranger International Inc. P.O. Box 311 Peterborough NH 03458; "Dear Mr. Niemela: This responds to your letter asking whether 'Mototractor' you may import into the United States would be considered a motor vehicle. The vehicle looks like a conventional motorcycle, except tractor tires are mounted on wheels that enclose auxiliary fuel storage tanks. It has a maximum speed of 40 miles per hour. Based on the information provided with your letter, it appears that your Mototractor would not be a motor vehicle. Section 102(3) of the National Traffic and Motor Vehicle Safety Act, as amended (15 U.S.C. 1391(3)) defines a 'motor vehicle' as any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails. We have interpreted this language as follows. Vehicles that are equipped with tracks or are otherwise incapable of highway travel are plainly not motor vehicles. Agricultural equipment, such as tractors, are not motor vehicles. Further, vehicles designed and sold solely for off-road use (e.g., airport runway vehicles and underground mining vehicles) are not considered motor vehicles, even though they may be operationally capable of highway travel. On the other hand, vehicles that use the public highways on a necessary and recurring basis are motor vehicles. For instance, utility vehicles like the Jeep are plainly motor vehicles, even though they are equipped with special features to permit off-road operation. If a vehicle's greatest use will be off-road, but it will spend a substantial amount of time on-road, NHTSA has interpreted the vehicle to be a 'motor vehicle'. Further, if a vehicle is readily usable on the public roads and is in fact used on the public roads by a substantial number of owners, NHTSA has found the vehicle to be a motor vehicle. This finding was made with respect to dune buggies and regardless of the manufacturer's stated intent regarding the terrain on which the vehicles were to be operated. Your vehicle is not easily classified under either of these groupings. On the one hand, your vehicle has a body configuration nearly identical to a motorcycle and a top speed that would allow it to keep up with the flow of traffic on low speed roads. These factors suggest that the vehicle should be classified as a motor vehicle. On the other hand, you state repeatedly that this vehicle is intended to be used as a two-wheeled tractor, it comes equipped with tires and wheels that are suited to off-road use, your advertising shows it pulling and powering a number of off-road attachments, and there is no evidence that it has been or will be substantially used on-road in this country. This suggests that the vehicle should not be classified as a motor vehicle. In past instances where the agency was asked whether a vehicle was a motor vehicle when it had both off-road and on-road operating capabilities and about which there is little or no evidence about the extent of the vehicle's on-road use, we have applied five factors in offering our advice. These factors were: 1. Whether States or foreign countries have permitted or are likely to permit the vehicle to be registered for on-road use. The vehicle shown in your brochures does not have lights, mirrors, or a speedometer. We are not aware of any State that would license a vehicle without this equipment for on-road use. Further, the Canadian Tax Court has ruled that the vehicle should be classified as a tractor, which presumably means that the vehicle will not be licensed for use on public roads. Hence, this factor suggests that the vehicle should not be considered a motor vehicle. 2. Whether the vehicle is or will be advertised for use on-road as well as off-road, or whether it is or will be advertised exclusively for off-road use. Your brochure shows that one of the functions the Mototractor can perform is 'road and trail maintenance.' Additionally, your advertising shows an attachment that is described 'ATT Transport, On/Off Road' (Part No. 104330). We generally consider such advertising to be evidence that the vehicle should be considered a motor vehicle, since purchasers have reason to believe the vehicle is intended to be used on the public roads. 3. Whether the vehicle's manufacturer or dealers will assist vehicle purchasers in obtaining certificates or origin or title documents to register the vehicle for on-road use. You stated that the Chinese manufacturer will provide a certificate of origin/title document. However, this is not the sort of action to which we were referring. Assuming that neither your company nor the Chinese manufacturer assist purchasers in registering Mototractors for on-road use, this would tend to indicate that the vehicle is not a motor vehicle. 4. Whether the vehicle is or will be sold by dealers also selling vehicles that are classified as motor vehicles. You did not provide any information on U.S. dealers for this vehicle. However, you stated that the foreign dealers of Mototractors are agricultural equipment dealers. Assuming this is also true in the United States, this fact would indicate that the vehicle is not a motor vehicle. 5. Whether the vehicle has or will have affixed to it a warning label stating that the vehicle is not intended for use on public roads. You stated in your letter that a label limiting the vehicle's use will be placed on the Mototractor. Assuming that this label states that the vehicle is not intended for use on public roads, this would indicate that the vehicle is not a motor vehicle. At this time and after considering the available information, we believe that the Mototractor does not appear to be a motor vehicle. However, we will reexamine this conclusion if we learn that, for example, the vehicle is in fact used on the public roads by a substantial number of its owners. Sincerely, Erika Z. Jones Chief Counsel /"; |
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ID: aiam1625OpenMr. Warren M. Heath, Commander, Engineering Section, Department of California Highway Patrol, P. O. Box 898, Sacramento, CA, 95804; Mr. Warren M. Heath Commander Engineering Section Department of California Highway Patrol P. O. Box 898 Sacramento CA 95804; Dear Mr. Heath: This is in reply to your letter of September 3, 1974, asking nin questions about motorcycle sidecars.; The Office of Crash Avoidance replied to these questions by letter o September 5, 1974, and I generally concur with their comments, but wish to make the following observations with respect to Questions 2 and 7. The answer to Question 2 assumes that the motor cycle is initially sold with the sidecar attached. In the event that an item of motor vehicle equipment (of which a sidecar is an example) would prevent compliance of the motorcycle's reflector device with the visibility requirements, pursuant to S4.3.1.1 of Standard No. 108 an auxiliary reflector must be provided. A location on the sidecar would be appropriate. Standard No. 108, however, does not cover sidecar *per se* and hence does not require a reflective device or any other lighting equipment on them.; With respect to Question 7, Standard No. 119 applies only to motorcycl tires and not to tires designed exclusively for use on sidecars. We are, however, seriously considering proposing an amendment that would include sidecar tires. Standard No. 120, still in the internal discussion stage, would then cover sidecar tire rims when formally proposed.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam5172OpenMr. L. Schmidt 610 Fulton Street Seymour, WI 54165; Mr. L. Schmidt 610 Fulton Street Seymour WI 54165; "Dear Mr. Schmidt: Your letter requesting information about regulation that might affect substitution of a diesel engine for a 'worn out' gasoline engine has been referred to my office for reply. I apologize for the delay in answering. 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 (FMVSS's) that set performance requirements for new motor vehicles and new items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with the FMVSS's. Instead, under the Safety Act, each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. We do not have any requirements that would apply to the conversion of a vehicle from gasoline to diesel if the conversion is made by you on your own vehicle. The Safety Act and our regulations generally do not apply to a vehicle after the vehicle is sold to a consumer for purposes other than resale. Although the Safety Act prohibits certain entities from tampering with or removing federally required safety systems, the prohibition does not apply to modifications by a vehicle owner to his or her own vehicle. If the diesel engine were substituted for the gasoline engine by a vehicle manufacturer, distributor, dealer or repair business, the installer would not have to certify the vehicle as described above. Instead, 108(a)(2)(A) of the Safety Act requires any of these parties making the substitution to ensure that it did not knowingly render inoperative any device or system of design installed in compliance with any applicable safety standard, such as Standard 301, 'Fuel System Integrity' (49 CFR 571.301, copy enclosed). The purpose of Standard 301 is to reduce deaths and injuries occurring from fires that result from fuel spillage during and after motor vehicle crashes. The prohibition of 108(a)(2)(A) does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may install any item regardless of its effect on compliance with the FMVSS's. However, NHTSA encourages vehicle owners not to tamper with vehicle safety equipment if the modification would degrade the safety of the vehicle. You also asked if any law forbade diesel conversions in zones within your state in which emissions tests are required. We suggest you 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 should also contact the state of Wisconsin for emissions testing regulations. I hope this information is helpful. If you have any more questions about NHTSA's safety standards, please contact David Elias 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: aiam3358OpenMr. Paul R. Hingtgen, 7104 San Bartolo, Carlsbad, California 92008; Mr. Paul R. Hingtgen 7104 San Bartolo Carlsbad California 92008; Dear Mr. Hingtgen: This is in reply to your letter of August 13, 1980, requestin information concerning all Federal Motor Vehicle Safety Standards relevant to the manufacture and sale of an auxiliary wind deflector.; The National traffic and Motor Vehicle Safety Act of 1966, as amende (the Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal Motor Vehicle Safety Standards which are applicable to motor vehicles or motor vehicle equipment. Based upon the information you have provided, it is our opinion that you wind deflector is subject to Safety Standard No. 205, 'Glazing Materials' (copy enclosed). Incorporating by reference 'ANSZ26,' the American National Standard's Safety Code for Glazing Materials, Safety Standard No. 205 specifies performance requirements for various types of glazing and also the location in vehicles in which each type of glazing may be used. Under the requirements of this standard, an auxiliary wind deflector to be used on a passenger vehicle at levels requisite for driving ability may be manufactured out of either Item 1, Item 2, Item 4, Item 10, or Item 11 glazing materials, depending upon its proposed location on the vehicle (the various types of glazing are designated as 'Items' in the standard). Thus the material you propose to use is acceptable since it is Plexiglass or Acuylite having an Item 4 rating, which may be used as a wind deflector placed on the side window of a vehicle. Such AS-4 glazing material must of course meet Test No. 2, 'Luminous Transmittance,' which requires that the material 'show regular (parallel) luminous transmittance of not less than 70 percent of the light, at normal incidence, both before and after irradiation.'; Safety Standard No. 205 also sets forth specific certification an marking requirements. The requirements for prime glazing material manufacturers (those who fabricate, laminate, or temper the glazing material) are set out in paragraphs S6.1-S6.3. While not Explicitly stated in you letter, it appears that you do not manufacture the glazing you use in your deflector, but instead purchase it from a prime glazing manufacturer and then cut it youself(sic). If this assumption is correct, then you are set out in Paragraphs S6.4 and S6.5. By reference to section 6 of ANS Z26, you are required under this paragraph to mark any section of glazing that you cut with the same words, designations, characters, and numerals as the piece of glazing from which it was taken. This means that you would stamp your product with markings identical to those found on the acrylic sheets you purchased. Each item must also be certified pursuant to section 114 of the Act. Section 114 provides that an item of motor vehicle equipment may be certified by means of a label or tag on the item or on the outside of a container in which the equipment is delivered. The label or tag must state that the item of motor vehicle equipment complies with all applicable motor vehicle safety standards, which in this case would be Safety Standard No. 205.; Under Section 108(a)(1)(A) and (b)(1) of the Act, new motor vehicl equipment such as wind deflectors must comply with applicable safety standards prior to its first purchase by someone for purposes other than resale. The manufacture or installation of a wind deflector that does not conform to the standard, or the installation in a new vehicle in a location that is not provided for in Standard No. 205, would be a violation of section 108(a)(1)(A). Under Section 109, anyone who violates section 108(a)(1)(A) is subject to a civil penalty up to $1,000 for each violation.; After the first purchase of the equipment for purposes other tha resale, i.e., its purchase by a consumer, tampering with the equipment is limited by Section 108(a)(2)(A). This section prohibits certain entities an persons from knowingly removing, disconnecting, or reducing performance of equipment or elements of design installed on a vehicle in accordance with applicable safety standards. The prohibition applies only to manufacturers, distributors, and dealers of motor vehicles and motor vehicle equipment, and to motor vehicle repair businesses. There is no prohibition against an individual person modifying his or her own vehicle or equipment. Section 109 provides a civil penalty of up to $1,000 for each violation of this section.; Manufacturers of motor vehicle equipment also have responsibilitie under the Act regarding safety defects. Under Section 151 *et seq*., such manufacturers must notify purchasers about safety-related defects and remedy such defects free of charge. Again, Section 109 imposes a civil penalty of up to $1,000 upon any person who fails to provide notification of or remedy for a defect in motor vehicle equipment.; We hope you find this information helpful. Please contact this offic if you have any more questions.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3063OpenMr. John Riccardo, Chairman of the Board, Chrysler Corporation, P.O. Box 1919, Detroit, MI 48321; Mr. John Riccardo Chairman of the Board Chrysler Corporation P.O. Box 1919 Detroit MI 48321; Dear Mr. Riccardo: This responds to your letter about Chrysler's general need for relie from Federal regulations and the denial of its petition for a one-year exemption from the automatic restraint requirements for Chrysler 1982-model full- size cars. There are several statements by Chrysler regarding the petition denial that you wish placed in the public record. Accordingly, your letter has been placed in the public docket on occupant crash protection (74-14, General Reference).; This agency is fully appreciative of the significance of Chrysler' circumstances and needs. Where relief can be considered consistent with the spirit and provisions of the laws we administer, we will do so. This willingness was amply demonstrated by my recent action in reducing the 1981 fuel economy standard for light trucks. Chrysler's automatic restraint petition presented us with a substantially different situation. Under our statutory authority, the only way we could have exempted Chrysler's large-size 1982 model from compliance with the automatic restraint requirements would have been to classify that vehicle as a unique type of car under our existing authority. Clearly, such a classification would have been challenged in court, and we believe it would not have been sustained. Indeed, such an action would severely strain our credibility with the court which just recently reviewed that very issued. (sic); Regarding your statements about the safety issues associated with th denial, the agency agrees that some safety belt reminder systems can be effective in encouraging belt use. We do not believe, however, that most simple warning systems can equal the life-saving potential of automatic restraints. Further, the NHTSA has no authority under the National Traffic and Motor Vehicle Safety Act to require ignition interlock systems, which are probably the most effective systems for encouraging use of manual belts.; In this particular matter, the law precludes us from granting th relief you seek. I regret that we are unable to assist you under these circumstances.; Sincerely, Joan Claybrook |
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.