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: aiam5489OpenMr. G. Brandt Taylor President Day-Night Mirrors, Inc. 36 Barnes Hill Road Berlin, MA 01503; Mr. G. Brandt Taylor President Day-Night Mirrors Inc. 36 Barnes Hill Road Berlin MA 01503; Dear Mr. Taylor: This responds to your letter asking about th requirements applicable to multiple reflectance mirrors in Federal Motor Vehicle Safety Standard (FMVSS) No. 111, Rear View Mirrors. You stated that your mirror can change its reflectivity either by mechanically rotating a shaft or by actuating an electrical motor. By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, each manufacturer is responsible for 'self-certifying' that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards. FMVSS No. 111 specifies requirements for the performance and location of rearview mirrors. Section S11, which specifies requirements for mirror construction, provides in relevant part that All single reflectance mirrors shall have an average reflectance of at least 35 percent. If a mirror is capable of multiple reflectance levels, the minimum reflectance level in the day mode shall be at least 35 percent and the minimum reflectance level in the night mode shall be at least 4 percent. A multiple reflectance mirror shall either be equipped with a means for the driver to adjust the mirror to a reflectance level of at least 35 percent in the event of electrical failure, or achieve such reflectance automatically in the event of electrical failure. You asked several questions about the requirement for adjusting the mirror in the event of electrical failure. You first asked if a manual override knob could be removable. You then asked whether a removable manual override could be supplied by the car manufacturer along with the car keys or with the owner's manual for insertion into the mirror and use only in the event of an electrical failure. You also asked about whether 'west coast' mirrors and mirrors on trailer trucks could have a removable manual override. The answer to each of your questions is that a removable manual override knob would not be permitted. In the preamble to the final rule amending the mirror construction requirements in FMVSS No. 111, NHTSA stated that the agency's goal is to assure that multiple reflectance mirrors are capable of providing adequate images at all times during the vehicle's operation, including electrical failure situations where the mirror is unpowered. (see 56 FR 58513, November 20, 1991) The manual override knob you discuss would serve as the means for the driver to adjust the mirror's reflectance level. However, a removable manual override knob would not always serve this purpose, since it would not necessarily always be with the mirror. We are concerned that a removable override device may become lost or otherwise not available when a mirror's reflectance needs to be adjusted. Accordingly, since the agency's goal of providing adequate images at all times during the vehicle's operation would only be achieved by requiring this device to be permanent, a removable override would not be permitted. I hope this information is helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel; |
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ID: aiam2091OpenMr. Daniel J. Wahlen, Director-Engines Engineering, Koher Company, Koher, WI 53044; Mr. Daniel J. Wahlen Director-Engines Engineering Koher Company Koher WI 53044; Dear Mr. Wahlen: This is in response to your letter of September 29, 1975, to Senato Proxmire, concerning the regulations governing the production of motor vehicles, a copy of which was referred to this office.; The National Highway Traffic Safety Administration (NHTSA) issue Federal motor vehicle safety standards to which motor vehicles must conform. In addition, the agency requires that the manufacturer certify that the vehicle as completed complies with applicable safety standards. A pamphlet summarizing the Federal motor vehicle safety standards is enclosed, along with a copy of the regulations governing vehicle certification. The safety standards themselves are set forth in their entirety in Part 571 of Volume 49 of the Code of Federal Regulations.; The NHTSA also investigates safety-related defects and noncompliance with safety standards in motor vehicles and items of motor vehicle equipment. If the agency or the manufacturer determine that a safety-related defect or noncompliance exists, the manufacturer is obligated to notify the vehicle owners and remedy the problem without charge. A copy of the provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended, which deal with the responsibilities of manufacturers for safety-related defects and noncompliances in their motor vehicles or item of vehicle equipment (15 U.S.C. SS 1411-1420) is also enclosed.; If you have any questions concerning a specific regulation or standard please write.; Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam2082OpenMr. Daniel J. Wahlen, Director-Engines Engineering, Koher Company, Koher, WI 53044; Mr. Daniel J. Wahlen Director-Engines Engineering Koher Company Koher WI 53044; Dear Mr. Wahlen: This is in response to your letter of September 29, 1975, to Senato Proxmire, concerning the regulations governing the production of motor vehicles, a copy of which was referred to this office.; The National Highway Traffic Safety Administration (NHTSA) issue Federal motor vehicle safety standards to which motor vehicles must conform. In addition, the agency requires that the manufacturer certify that the vehicle as completed complies with applicable safety standards. A pamphlet summarizing the Federal motor vehicle safety standards is enclosed, along with a copy of the regulations governing vehicle certification. The safety standards themselves are set forth in their entirety in Part 571 of Volume 49 of the Code of Federal Regulations.; The NHTSA also investigates safety-related defects and noncompliance with safety standards in motor vehicles and items of motor vehicle equipment. If the agency or the manufacturer determine that a safety-related defect or noncompliance exists, the manufacturer is obligated to notify the vehicle owners and remedy the problem without charge. A copy of the provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended, which deal with the responsibilities of manufacturers for safety-related defects and noncompliances in their motor vehicles or item of vehicle equipment ( 15 U.S.C. SS 1411-1420) is also enclosed.; If you have any questions concerning a specific regulation or standard please write.; Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5595OpenMr. Robert J. Ponticelli President American International 1040 Avenida Acaso Camarillo, CA 93012; Mr. Robert J. Ponticelli President American International 1040 Avenida Acaso Camarillo CA 93012; "Dear Mr. Ponticelli: This replies to your letter of July 25, 1995 asking for an opinion 'on the use of Electro-Luminescent Strip Lighting on motor vehicles.' The device in question 'is an ornamental light which produces less than .05 candela/sq. inch.' You have enclosed a brochure which shows the strip in use as a license plate frame and to mark the sides or perimeter of a vehicle. We assume that you are not asking about the license plate frame but only the 'Lighted Pin Striping'. The 'Lighted Pin Striping' comes in 'basic white' but once applied, seven colors of overlay tape are available to change the color. The brochure shows it in shades of blue and pink. You would like our views 'on the installation of this product by regulated parties such as new car dealers and non-regulated entities such as aftermarket specialty shops and vehicle owners.' We are pleased to provide you with the interpretation you seek. The basic obligation of a new-car dealer is to deliver a new car that remains in compliance with all the applicable Federal motor vehicle safety standards for which its manufacturer has certified compliance. In other words, the dealer must ensure that none of its actions before the sale of a new vehicle create a noncompliance with a safety standard. Further, if a dealer alters a vehicle before sale other than by the addition, substitution, or removal of readily attachable components, or minor finishing operations such as painting, is required to certify that the altered vehicle continues to meet the standards. The Federal new vehicle standard that relates to your product is Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. This standard permits a new car dealer to add supplementary lighting equipment such as the luminescent strip if the supplementary equipment does not impair the effectiveness of the lighting equipment required by Standard No. 108. The most common cause of impairment is lighting equipment that creates confusion with, or distraction from, the purpose of any item of required lighting equipment. Under Standard No. 108's lighting scheme, the color of lamps on the front of a vehicle are restricted to white and amber. On the side of the vehicle, side marker lamps and reflectors must be only amber to the front and red to the rear. Rear lighting is red or amber, with the color white permitted for the backup lamp only. The Lighted Pin Striping comes in a variety of colors. Your brochure shows one that is pink or red in color mounted on the front of a vehicle. We believe it possible that a motorist seeing a color of light on the front of the vehicle generally used on the rear or on the side at the rear could be distracted from the driving task. There is also the possibility that the strip would be bright enough to mask and thereby reduce the effectiveness of an adjacent front or rear turn signal, or stop lamp. In general, the agency tries to discourage the use of novelty lighting devices because of the uncertain reaction an unfamiliar light or reflection may cause in other drivers on the roadway. However, the determination as to whether installation of the lighting strip would impair the efficiency of required lighting equipment is initially that of the new car dealer who must determine whether his modifications to a new vehicle might take it out of compliance. Unless that determination is clearly erroneous, NHTSA will not contest it. With respect to sales in the aftermarket, installation by a manufacturer, distributor, dealer, or motor vehicle repair business of the lighting strip would be prohibited if the use of the strip would, in the words of the statute, 'make inoperative' any of the required lighting equipment. We tend to equate 'make inoperative' and 'impair effectiveness' so that the same considerations would have to be taken into account in installing the lighting equipment on a used as well as a new car. However, this prohibition does not extend to the vehicle owner who, under Federal law, may install the lighting strip regardless of its effect upon compliance. Nevertheless, even if novelty lighting equipment does not violate Federal law, the ultimate decision of its acceptability is that of the State in which the lighting strip is to be used. It is our understanding that, for example, that California requires any emitted or reflected light from the front of vehicles to be white or yellow in color, which would appear to preclude installation of the lighting strip in colors other than these. For an opinion on the treatment of the lighting strip under State laws, we suggest that you write for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203. If you have any further questions, you may refer them to Taylor Vinson of this Office (202-366-5263). Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam5594OpenMr. Robert J. Ponticelli President American International 1040 Avenida Acaso Camarillo, CA 93012; Mr. Robert J. Ponticelli President American International 1040 Avenida Acaso Camarillo CA 93012; "Dear Mr. Ponticelli: This replies to your letter of July 25, 1995 asking for an opinion 'on the use of Electro-Luminescent Strip Lighting on motor vehicles.' The device in question 'is an ornamental light which produces less than .05 candela/sq. inch.' You have enclosed a brochure which shows the strip in use as a license plate frame and to mark the sides or perimeter of a vehicle. We assume that you are not asking about the license plate frame but only the 'Lighted Pin Striping'. The 'Lighted Pin Striping' comes in 'basic white' but once applied, seven colors of overlay tape are available to change the color. The brochure shows it in shades of blue and pink. You would like our views 'on the installation of this product by regulated parties such as new car dealers and non-regulated entities such as aftermarket specialty shops and vehicle owners.' We are pleased to provide you with the interpretation you seek. The basic obligation of a new-car dealer is to deliver a new car that remains in compliance with all the applicable Federal motor vehicle safety standards for which its manufacturer has certified compliance. In other words, the dealer must ensure that none of its actions before the sale of a new vehicle create a noncompliance with a safety standard. Further, if a dealer alters a vehicle before sale other than by the addition, substitution, or removal of readily attachable components, or minor finishing operations such as painting, is required to certify that the altered vehicle continues to meet the standards. The Federal new vehicle standard that relates to your product is Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. This standard permits a new car dealer to add supplementary lighting equipment such as the luminescent strip if the supplementary equipment does not impair the effectiveness of the lighting equipment required by Standard No. 108. The most common cause of impairment is lighting equipment that creates confusion with, or distraction from, the purpose of any item of required lighting equipment. Under Standard No. 108's lighting scheme, the color of lamps on the front of a vehicle are restricted to white and amber. On the side of the vehicle, side marker lamps and reflectors must be only amber to the front and red to the rear. Rear lighting is red or amber, with the color white permitted for the backup lamp only. The Lighted Pin Striping comes in a variety of colors. Your brochure shows one that is pink or red in color mounted on the front of a vehicle. We believe it possible that a motorist seeing a color of light on the front of the vehicle generally used on the rear or on the side at the rear could be distracted from the driving task. There is also the possibility that the strip would be bright enough to mask and thereby reduce the effectiveness of an adjacent front or rear turn signal, or stop lamp. In general, the agency tries to discourage the use of novelty lighting devices because of the uncertain reaction an unfamiliar light or reflection may cause in other drivers on the roadway. However, the determination as to whether installation of the lighting strip would impair the efficiency of required lighting equipment is initially that of the new car dealer who must determine whether his modifications to a new vehicle might take it out of compliance. Unless that determination is clearly erroneous, NHTSA will not contest it. With respect to sales in the aftermarket, installation by a manufacturer, distributor, dealer, or motor vehicle repair business of the lighting strip would be prohibited if the use of the strip would, in the words of the statute, 'make inoperative' any of the required lighting equipment. We tend to equate 'make inoperative' and 'impair effectiveness' so that the same considerations would have to be taken into account in installing the lighting equipment on a used as well as a new car. However, this prohibition does not extend to the vehicle owner who, under Federal law, may install the lighting strip regardless of its effect upon compliance. Nevertheless, even if novelty lighting equipment does not violate Federal law, the ultimate decision of its acceptability is that of the State in which the lighting strip is to be used. It is our understanding that, for example, that California requires any emitted or reflected light from the front of vehicles to be white or yellow in color, which would appear to preclude installation of the lighting strip in colors other than these. For an opinion on the treatment of the lighting strip under State laws, we suggest that you write for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203. If you have any further questions, you may refer them to Taylor Vinson of this Office (202-366-5263). Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam1097OpenMr. Louis C. Lundstrom, Director, Automotive Safety Engineering, Environmental Activities Staff, General Motors Corporation, General Motors Technical Center, Warren, MI 48090; Mr. Louis C. Lundstrom Director Automotive Safety Engineering Environmental Activities Staff General Motors Corporation General Motors Technical Center Warren MI 48090; Dear Mr. Lundstrom: This is in reply to your letter of December 14, 1972, concerning th effect of Standard 215 on optional bumper guards. You have asked us to interpret the standard as permitting the removal of such guards during the pendulum tests.; We do not consider the standard as it presently stands to permit bumpe guards or other attachments (other than trailer hitches for which direct relief is given in S6.1.5) to be removed for testing. The standard requires the vehicle to meet the standard in its as-delivered condition, without any reference to bumpers or other specific components. Considering your inquiry as a petition for rulemaking to allow bumper guards that do not conform to the standard, we find such rulemaking action inadvisable on the basis of our present information, for the following reasons.; 1. There is no definition of 'bumper guard', and it would be difficul to formulate one with precision, so that the standard would be vague and unobjective as to what is permitted or prohibited.; 2. If the bumper guard were undefined, it could be hostile both t pedestrians and to other vehicles. Yet if it were defined, it is difficult to see how a configuration significantly different from that required by Standard 215 could be justified.; 3. Standard 215 was carefully drafted, with a great deal of usefu exchange of ideas between industry, other members of the public, and the NHTSA, to require a front and rear configuration that would provide a reasonably uniform protective surface, and good inter-vehicle matching, without an unreasonable cost penalty. To allow these surfaces to be covered with an undefined 'bumper guard' would destroy the uniformity that is at the heart of the standard.; 4. We have no concrete evidence at this time that a substantia aftermarket in bumper guards would spring up. With bumpers that are protective and uniform in height, it might well be that the public will resist altering their vehicles at extra expense to degrade the uniformity of the vehicles as manufactured.; On the basis of the information that we presently have, therefore, you request for the exemption of optional bumper guards from the requirements of Standard 215 is denied. You are welcome, however, to submit further detailed information as to the costs and benefits that would be involved in such an action.; Sincerely, James E. Wilson, Acting Administrator |
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ID: aiam4831OpenMr. J. C. Brown President MidAmerica Design Service 10206 Lima Road Ft. Wayne, IN 46618; Mr. J. C. Brown President MidAmerica Design Service 10206 Lima Road Ft. Wayne IN 46618; Dear Mr. Brown: This is in reply to your letter of February 8, l99l, t the attention of Taylor Vinson of this Office. Your company has been asked to 'develop a high mounted stop light and turn signal to be installed into the door of over the road trailers.' You have not found a reference in Standard No. 108 to such a lamp, and you have concluded that, as long as you add to the trailer's existing lamps without eliminating any of its lighting devices that are standard equipment, you will be in compliance. You have asked us for our opinion on this matter. You are correct that the requirement for a center high mounted stop lamp does not extend to trailers. Moreover, trailers are not included in the agency's pending rulemaking to extend the requirements to vehicles other than passenger cars. Although your design appears to combine the stop lamp and turn signal, a combination prohibited for passenger cars, you are under no Federal legal obligation to design a center high mounted stop lamp for trailers that complies with Standard No. 108. As the lamp is not intended to replace original equipment required by Standard No. 108, it is permissible under section S5.1.3 of the standard as long as it does not impair the effectiveness of the lighting equipment that the standard requires. The judgment of whether impairment exists is initially that of the trailer manufacturer, who certifies compliance with all applicable Federal motor vehicle safety standards. If that decision appears clearly erroneous, NHTSA will review it and inform the manufacturer accordingly. Assuming that the trailers for which the lamp is intended have an overall width of 80 inches or more, your lamp would be mounted in closest proximity to the three-unit identification lamp cluster, which Table II of Standard No. 108 requires to be located 'as close as practicable to the top of the vehicle.' Identification lamps indicate to following drivers the presence of a large vehicle in the roadway ahead. It is possible that an activated center stop lamp or adjacent turn signal could mask the light from these lamps. However, these trailers are also equipped with clearance lamps, which serve the same purpose of identifying a large vehicle. Thus, it would appear that your device would not impair the effectiveness of the identification lamps within the prohibition of section S5.1.3. We assume that the turn signal portion of the lamp is a supplement to others on the trailer that are located to comply with the 83-inch maximum mounting height imposed by Table II. I hope that this is responsive to your concern. Sincerely, Paul Jackson Rice Chief Counsel; |
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ID: aiam4461OpenMr. Gary W. Rossow Director, Government Technical Affairs Freightliner Corporation Charlotte Technical Center 9844 Southern Pine Boulevard P.O. Box 7562 Charlotte, NC 282l7; Mr. Gary W. Rossow Director Government Technical Affairs Freightliner Corporation Charlotte Technical Center 9844 Southern Pine Boulevard P.O. Box 7562 Charlotte NC 282l7; "Dear Mr. Rossow: This responds to your letter requesting a interpretation of Standard No. l2l, Air Brake Systems. You asked whether a proposed design would meet the requirements of S5.l.2. Your question is responded to below. By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its motor vehicles or equipment comply with applicable requirements. The following represents our opinion based on the facts provided in your letter. Under section S5.l.2, trucks and buses are required to have the following equipment: 'Reservoirs. One or more service reservoir systems, from which air is delivered to the brake chambers, and either an automatic condensate drain valve for each service reservoir or a supply reservoir between the service reservoir system and the source of air pressure. You stated that some of your existing air braked trucks utilize a supply reservoir or wet tank between the service reservoir system and the air compressor without using automatic condensate drain valves on the service reservoirs. You noted that the supply reservoir functions as a means of removing excess water vapor from the air supply to avoid water contamination of the braking system and works on thermodynamic principles whereby water condenses to a liquid as the hot compressed air cools. Your proposed design would utilize an air dryer between the service reservoir system and the air compressor. According to your letter, the air dryer serves the same function as the supply reservoir in your existing system but works on a different principle. You stated that the moist, compressed air passes through a filter media contained in a small canister sized reservoir. The material, a desiccant, has a high chemical affinity for water. The water absorbs on the desiccant and is later purged by stored dry air. The air dryer would have an integral automatic condensate drain valve. Since your proposed design would not include an automatic condensate drain valve for each service reservoir, the issue raised by your letter is whether it complies with S5.l.2's option for 'a supply reservoir between the service reservoir system and the source of air pressure.' You stated that you believe the air dryer with automatic condensate drain is the functional equivalent of the more generally accepted embodiment of a supply reservoir in the context of S5.l.2. You also noted that Standard No. l2l does not specify a separate volume for the supply reservoir, although it does require in S5.l.2.l that the combined volume of all service reservoirs and supply reservoirs be at least l2 times the total service brake chamber volume. You suggested that if the volume of the service reservoirs is l2 times the volume of the service brake chambers, it would appear that there is no requirement for a specific volume in the supply reservoir. While Standard No. l2l does not include a definition for 'supply reservoir,' the term is one that is commonly understood. For example, you indicated in your letter that some of your current brake system designs utilize the 'more generally accepted embodiment of a supply reservoir.' In considering whether a particular item of equipment can be considered a 'supply reservoir,' we believe that effect must be given to both 'supply' and 'reservoir.' The dictionary defines 'reservoir' as 'a receptacle or chamber for holding a liquid or fluid, as oil or gas.' The word 'supply' is defined as 'to furnish or provide.' Random House Dictionary of the English Language (unabridged edition). The Society of Automotive Engineers (SAE) defines 'air reservoir' as '(a) storage container for compressed air.' SAE Recommended Practice J656g, 'Automotive Brake Definitions and Nomenclature.' Thus, in order to qualify as a 'supply reservoir,' an item of equipment must hold or store air in order to furnish or provide the air to the rest of the brake system. The information provided with your letter does not provide sufficient information to determine whether your air dryer qualifies as a 'supply reservoir.' In particular, the information does not indicate whether the air dryer holds other than a de minimis amount of air. While your letter is correct that there is no requirement for a specific volume in the supply reservoir if the volume of the service reservoirs is l2 times the volume of the service brake chambers, an air dryer with a de minimis volume could not be considered to hold or store air in order to furnish or provide the air to the rest of the brake system. On the other hand, if a supply reservoir provides an air cleaning function as well as holding or storing air in order to furnish or provide the air to the rest of the brake system, it would still be a supply reservoir. Sincerely, Erika Z. Jones Chief Counsel"; |
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ID: aiam1477OpenMr. Edward A. Green, President Henke Manufacturing Corporation, Janesville, IA 50647; Mr. Edward A. Green President Henke Manufacturing Corporation Janesville IA 50647; Dear Mr. Green: This is in reply to your letter of March 12, 1974, asking severa questions regarding the sale of snow plows and related equipment and their installation on vehicles. Your questions are restated below, followed by our responses:; 1. Question A: 'When we sell a plow, lift frame, lights and brackets t a dealer, do we have to report to you what dealers we sold light kits. Lights meet the code. Yes or no.'; No. The sale of lighting equipment to a dealer, without any concurren installation on a vehicle, does not give rise to any reporting or other requirements.; Question B: 'When we receive an order for a snow plow and no light ki is ordered, what is our responsibility in this case: We assume the dealer furnishes his own light kit.'; As long as you do not install the plow no requirements apply. 2. 'We mount a lift frame for a county or city and they want to moun their own lights. We instruct them that lights are mandatory before they affix the plow. The lift frame only does not affect the present requirement for lights. Are we violating the law and what must we do?; The addition of a lift frame to a completed vehicle (to which 'readily-attachable' plow will later be added) would make you a vehicle alterer and subject to section 567.8 of the Certification regulations. The alterer label should take into account the weight of a plow. As lights may be considered to be readily attachable, you may deliver the vehicle to the county without the additional lights. The county must install them, however, and you should obtain written assurance that it will do so. If the lights were not installed by the user, you would be responsible for a violation of section 108(a)(1) of the Vehicle Safety Act (15 U.S.C. 1397(a)(1)). Your certification as an alterer would also be invalid, as the altered vehicle would not conform to all applicable standards.; 3. 'Henke receives a truck with a dump box and no certification labe and nothing noted on incomplete registration. We certified the truck and informed the county that they should get the dealer mounting the box to put an addendum to the incomplete vehicle form to the effect that he mounted the box. Is this correct?; Yes, if in fact the vehicle conforms to applicable standards, and it weight ratings are correct, no, if it does not conform or its weight ratings are not correct. In completing and certifying a vehicle without complete documentation required under Part 568, you run the risk of having no 'due care' defense to a finding of nonconformity.; 'Henke receives a truck that has a final certification. We mount lif frame, wing and front hydraulic power system. The county wants to mount their own lights. Do we have to put on an addendum sticker? We warn them regarding light requirements when plow is mounted.'; Section 577.7 (sic) of the Certification regulations requires a alterer label when non- readily-attachable components, or any components whose installation modifies the stated weight ratings, are installed. We assume the equipment you mount in this case falls within one if not both of these categories, and an alterer label is therefore required. Your failure to install lights has the same effect here as in our answer to question 2.; 5. 'We receive a truck with a box capacity when loaded with sand whic is more than the GVWR rating and we mount snow plow lift frame and wing. We instruct the customer to mount the plow and wing and add their normal ballast and take the truck to a scale and trim the load not to exceed the axle ratings as stated on the certification label. Our equipment does not overload any axle. Do we have any further liability in regard to the overloading of axles?'; As a vehicle alterer, you are required to recertify the vehicle, an modify its weight ratings if necessary, following the alterations you perform. The gross vehicle weight rating you establish must be based on the vehicle's rated cargo load. Normally, manufacturers are not required to determine what specific loads a vehicle they certify may carry, and are certainly not responsible for overloading by users. However, where the manufacturer (or alterer as the case may be) actually knows that a vehicle he certified is being purchased to carry primarily a particular commodity, the rated cargo load on which he bases his ratings should not be less than what he can reasonably expect the user to consider a 'full load' of that commodity. If he knows that a normal full load of sand, for example, to be carried in that truck will weigh 5 tons, we would consider it false and misleading to rate the cargo load at 4 tons to avoid having to use heavier-duty running gear. In the example you describe, the answer would depend on what you (the manufacturer) know, or can reasonably be expected to know, about how the plow trucks are likely to be loaded. A warning to the buyer not to exceed the rated cargo load or the weight ratings, in that case, would not be sufficient if it were reasonable to expect that the vehicles would, in practice, exceed these ratings at normal full load despite the warning.; With respect to your request for a code number, no final requirement have been issued on this matter, and no number is presently required.; Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam0714OpenMr. Herman Kornahrens, Renick & Mahoney Div., Garsite Products, Inc., 10 E. Grand Blvd., Deer Park, L.I., NY 11729; Mr. Herman Kornahrens Renick & Mahoney Div. Garsite Products Inc. 10 E. Grand Blvd. Deer Park L.I. NY 11729; Dear Mr. Kornahrens: This is in reply to your letter of May 4, 1972, regarding th application of the Certification regulations (49 CFR Part 567) to tank truck manufacturers. Your questions are restated below, followed in each case by our response.; 1. If a vehicle ends up with a gross weight over the GVWR of the chasi (sic) are we (or anyone in our industry) liable to prosecution?; If the loaded weight of the vehicle, or the weight on an axle system exceeds the stated ratings, the vehicle may be found to contain a safety-related defect. While a vehicle manufacturer will not be liable to 'prosecution', as that term is generally understood, the failure of a vehicle to conform to applicable standards may result in the imposition of a civil penalty against its manufacturer of up to $1,000 for each violation, and up to $400,000 for each series of related violations (15 U.S.C. 1398). If a defect that relates to motor vehicle safety is discovered in the vehicle, the manufacturer will be required to notify first purchasers (15 U.S.C. 1402).; 2. Is it permissible to 'derate' the volumetric capacity of a tank (b setting the liquid markers low) in order to stay within the GVWR?; In assessing the safety aspects of a vehicle, the NHTSA considers al factors in the situation. These factors would include both the manufacturer's rating and the true capacity of the vehicle. I should emphasize that it is the actual situation, rather than any artificial statements or ratings, that we are primarily concerned with.; 3. If we so 'derate' a tank and the customer subsequently fills th tank, who would be responsible for the overweight?; The NHTSA does not regulate the user of a vehicle, although other Stat and Federal agencies do. The way in which a user loads his vehicle may, however, bring out a safety problem related to its load-carrying capacity. An important factor to be considered is the manufacturer's expectation as to how the vehicle is to be used at the time he sells it.; 4. Due to the manufacturing variations in chassis weights, tan dimensions, etc., are we allowed any tolerance on the actual weight versus the GVWR or GAWR?; While your question is somewhat unclear, the answer generally i negative. Any 'manufacturing variations' in components upon which these values are based must be taken into account by the manufacturer who assembles and labels the vehicle.; Finally, with reference to your complaint that certain of you competitors are not complying with the regulations, if you will furnish to us the names of the companies involved, we will be able to take whatever action is necessary to bring such companies into conformity with our requirements. We do not publish any booklets concerning the regulations, although various trade associations have undertaken to summarize them for their members.; 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.