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: aiam1161OpenMr. R. W. Harvey, Peterbilt Motor Truck Co., 300 Toland Street, San Francisco, CA 94124; Mr. R. W. Harvey Peterbilt Motor Truck Co. 300 Toland Street San Francisco CA 94124; Dear Mr. Harvey: This is in reply to your letter of May 22, 1973, in which you state yo are a distributor of Peterbilt trucks and ask whether certain operations you perform subject you to Federal requirements. These operations are modifications to air brake systems and the installation of used bodies on new truck chassis.; A company whose business includes the installation of used bodies o new truck chassis is a manufacturer under the National Traffic and Motor Vehicle Safety Act and, as such, has certain responsibilities under the Act and regulations issued by this agency. In response to your question regarding registration, you are required pursuant to NHTSA 'Manufacturers' Identification' regulations (49 CFR Part 566) to submit to the agency information regarding the manufacturing operations of your company and the types of vehicles that it manufacturers.; A manufacturer is also required, pursuant to NHTSA 'Certification regulations (49 CFR Part 567, 568) to ascertain and certify the conformity of each vehicle he manufacturers to applicable motor vehicle safety standards. Under these regulations the person who completes the vehicle (the 'final-stage manufacturer') is required to affix to the vehicle a label that contains the certification that the vehicle conforms to applicable standards, as well as other information. Our experience has been that most manufacturers who install truck bodies onto new chassis are final-stage manufacturers, who must affix this label. Persons whose manufacturing operations precede that of the final-stage manufacturer are required to provide documentation with the vehicle that indicates what steps will be necessary in order to bring the vehicle into conformity with applicable standards. You also ask if there are requirements for the making of periodic reports. NHTSA 'Defect Reports' regulations (49 CFR S 573.5(b)) do require manufacturers to furnish the NHTSA with quarterly production figures.; The other operation you describe is the modification of vehicle ai brake systems, including changes in valves, lines, spring brakes, air tanks, etc. If you merely modify an existing air brake system, there are presently no certification or reporting requirements applicable to you. The NHTSA has just issued certification requirements for persons who alter completed vehicles, and depending on the extent of the modification you perform, these requirements may apply to you. They are effective February 1, 1974. All trucks manufactured after September 1, 1974, that are manufactured with air brakes will be required to conform to requirements specified in Federal Motor Vehicle Safety Standard No. 121. The law would not allow you to modify the air brake system of any truck manufactured on or after that date, before the sale of the truck to a purchaser for a purpose other than resale (a user), if the modification you performed would cause the vehicle to no longer comply with the standard.; I have only summarized the requirements that, based on the facts yo have provided, would be applicable to you. Your responsibilities are stated specifically in the regulations we have referred to, and you may obtain copies of these requirements as indicated on the enclosed, 'Where to Obtain Motor Vehicle Safety Standards and Regulations.'; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam1163OpenMr. R. W. Harvey, Peterbilt Motor Truck Co., 300 Toland Street, San Francisco, CA 94124; Mr. R. W. Harvey Peterbilt Motor Truck Co. 300 Toland Street San Francisco CA 94124; Dear Mr. Harvey: This is in reply to your letter of May 22, 1973, in which you state yo are a distributor of Peterbilt trucks and ask whether certain operations you perform subject you to Federal requirements. These operations are modifications to air brake systems and the installation of used bodies on new truck chassis.; A company whose business includes the installation of used bodies o new truck chassis is a manufacturer under the National Traffic and Motor Vehicle Safety Act and, as such, has certain responsibilities under the Act and regulations issued by this agency. In response to your question regarding registration, you are required pursuant to NHTSA 'Manufacturers' Identification' regulations (49 CFR Part 566) to submit to the agency information regarding the manufacturing operations of your company and the types of vehicles that it manufacturers.; A manufacturer is also required, pursuant to NHTSA 'Certification regulations (49 CFR Part 567, 568) to ascertain and certify the conformity of each vehicle he manufacturers to applicable motor vehicle safety standards. Under these regulations the person who completes the vehicle (the 'final-stage manufacturer') is required to affix to the vehicle a label that contains the certification that the vehicle conforms to applicable standards, as well as other information. Our experience has been that most manufacturers who install truck bodies onto new chassis are final-stage manufacturers, who must affix this label. Persons whose manufacturing operations precede that of the final-stage manufacturer are required to provide documentation with the vehicle that indicates what steps will be necessary in order to bring the vehicle into conformity with applicable standards. You also ask if there are requirements for the making of periodic reports. NHTSA 'Defect Reports' regulations (49 CFR S 573.5(b)) do require manufacturers to furnish the NHTSA with quarterly production figures.; The other operation you describe is the modification of vehicle ai brake systems, including changes in valves, lines, spring brakes, air tanks, etc. If you merely modify an existing air brake system, there are presently no certification or reporting requirements applicable to you. The NHTSA has just issued certification requirements for persons who alter completed vehicles, and depending on the extent of the modification you perform, these requirements may apply to you. They are effective February 1, 1974. All trucks manufactured after September 1, 1974, that are manufactured with air brakes will be required to conform to requirements specified in Federal Motor Vehicle Safety Standard No. 121. The law would not allow you to modify the air brake system of any truck manufactured on or after that date, before the sale of the truck to a purchaser for a purpose other than resale (a user), if the modification you performed would cause the vehicle to no longer comply with the standard.; I have only summarized the requirements that, based on the facts yo have provided, would be applicable to you. Your responsibilities are stated specifically in the regulations we have referred to, and you may obtain copies of these requirements as indicated on the enclosed, 'Where to Obtain Motor Vehicle Safety Standards and Regulations.'; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam1159OpenMr. R. W. Harvey, Peterbilt Motor Truck Co., 300 Toland Street, San Francisco, CA 94124; Mr. R. W. Harvey Peterbilt Motor Truck Co. 300 Toland Street San Francisco CA 94124; Dear Mr. Harvey: This is in reply to your letter of May 22, 1973, in which you state yo are a distributor of Peterbilt trucks and ask whether certain operations you perform subject you to Federal requirements. These operations are modifications to air brake systems and the installation of used bodies on new truck chassis.; A company whose business includes the installation of used bodies o new truck chassis is a manufacturer under the National Traffic and Motor Vehicle Safety Act and, as such, has certain responsibilities under the Act and regulations issued by this agency. In response to your question regarding registration, you are required pursuant to NHTSA 'Manufacturers' Identification' regulations (49 CFR Part 566) to submit to the agency information regarding the manufacturing operations of your company and the types of vehicles that it manufactures.; A manufacturer is also required, pursuant to NHTSA 'Certification regulations (49 CFR Part 567, 568) to ascertain and certify the conformity of each vehicle he manufacturers to applicable motor vehicle safety standards. Under these regulations the person who completes the vehicle (the 'final-stage manufacturer') is required to affix to the vehicle a label that contains the certification that the vehicle conforms to applicable standards, as well as other information. Our experience has been that most manufacturers who install truck bodies onto new chassis are final-stage manufacturers, who must affix this label. Persons whose manufacturing operations precede that of the final-stage manufacturer are required to provide documentation with the vehicle that indicates what steps will be necessary in order to bring the vehicle into conformity with applicable standards.; You also ask if there are requirements for the making of periodi reports. NHTSA 'Defect Reports' regulations (49 CFR S 573.5(b)) do require manufacturers to furnish the NHTSA with quarterly production figures.; The other operation you describe is the modification of vehicle ai brake systems, including changes in valves, lines, spring brakes, air tanks, etc. If you merely modify an existing air brake system, there are presently no certification or reporting requirements applicable to you. The NHTSA has just issued certification requirements for persons who alter completed vehicles, and depending on the extent of the modification you perform, these requirements may apply to you. They are effective February 1, 1974. All trucks manufactured after September 1, 1974, that are manufactured with air brakes will be required to conform to requirements specified in Federal Motor Vehicle Safety Standard No. 121. The law would not allow you to modify the air brake system of any truck manufactured on or after that date, before the sale of the truck to a purchaser for a purpose other than resale (a user), if the modification you performed would cause the vehicle to no longer comply with the standard.; I have only summarized the requirements that, based on the facts yo have provided, would be applicable to you. Your responsibilities are stated specifically in the regulations we have referred to, and you may obtain copies of these requirements as indicated on the enclosed, 'Where to Obtain Motor Vehicle Safety Standards and Regulations.'; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4172OpenMr. Brian Peck, President, Rearscope International (U.S.A.) Ltd., 15255 Hesperian Boulevard, San Leandro, CA 94578; Mr. Brian Peck President Rearscope International (U.S.A.) Ltd. 15255 Hesperian Boulevard San Leandro CA 94578; Dear Mr. Peck: Thank you for your letter of May 19, 1986, asking how our regulation apply to your product, which is called the 'Rearscope Wide Angle Lens.' Your letter and the brochure you enclosed describes your product as a wide angle acrylic lens which mounts on the rear window of a bus and gives the driver a wider field of view to the rear of the vehicle. I hope the following discussion answers your questions.; By way of background, the National Highway Traffic Safet Administration has the authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the 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. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.; We have issued Federal Motor Vehicle Safety Standard No. 205, *Glazin Materials*, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars) as well as other performance requirements for glazing.; Standard No. 205 does not directly apply to add-on window coverings such as tinting films, sunscreening devices, and lens. However, no manufacturer or dealer is permitted to install a device on the glazing, such as the viewing lens described in your letter, in *new* vehicles without certifying that the vehicle continues to be in compliance with the light transmittance and other requirements of the standard.; After a vehicle is first sold to a consumer, modifications to a vehicl are affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from tampering with safety equipment installed on a vehicle in compliance with our standards. Thus, no dealer, manufacturer, repair business or distributor can install a device for the owner of the vehicle, if the device would cause the window not to meet the requirements of Standard No. 205. Violation of the 'render inoperative' provision can result in Federal civil penalties of up to $1,000 for each violation.; Section 108(a)(2)(A) does not affect vehicle owners, who may themselve alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may install any type of device regardless of whether the installation adversely affects the window. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to regulate the use of viewing devices in vehicles.; If you need further information, please let me know. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam1104OpenMr. Ralph H. Ullenberg, President, Milwaukee truck Center, Inc., 10521 West Layton Avenue, Milwaukee, WI 53228; Mr. Ralph H. Ullenberg President Milwaukee truck Center Inc. 10521 West Layton Avenue Milwaukee WI 53228; Dear Mr. Ullenberg: This is in reply to your letter of March 6, 1973, in which you as several questions regarding the certification of trucks with concrete mixers. You state that you supply a chassis to the Rex Chainbelt factory in Milwaukee, where a concrete mixer is installed. The combined unit is then shipped to a Rex dealer in Puerto Rico who sells the complete unit to a user. You provide weight ratings for the vehicle as follows: a gross vehicle weight rating, based on axle capacity, of 68,000 pounds, a rating, based on the tire capacity, of 56,740 pounds, and a gross weight of 66,800 pounds. Based on these figures you ask (1) Whether the truck can be completed in this fashion and shipped by you to Puerto Rico, (2) Whether the dealer in Puerto Rico can promise to install larger tires at a later date, (3) Whether Rex Chainbelt can certify the chassis at 68,000 pounds gross weight rating, if the dealer in Puerto Rico notifies Rex that he will change the tires at a later date, (4) Whether the chassis manufacturer can certify the truck chassis for a greater capacity than the lightest component if the local dealer or customer will notify him that they will bring the chassis to the higher certified level, and (5) What penalties can be imposed if a dealer or user does not make changes he has promised to make.; It appears to us from your letter that essentially the same issu underlies all your questions, that is, whether a final- stage manufacturer in completing a vehicle may place on it tires that are not sufficient to carry the vehicle at its gross vehicle weight rating, and elicit a promise from either a dealer or user that the latter will change the tires.; A truck that is equipped at the time of its manufacture with tire inadequate in terms of load rating to carry the truck at its gross vehicle weight rating would be considered by NHTSA to contain a safety related defect. The manufacturer of such a vehicle is subject to the provisions of section 113 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1402), which requires that notification of the defect be sent to first purchasers and dealers. A truck which was labeled with a gross vehicle weight rating below the minimum specified in 49 CFR 567(g)(3) would be in violation of the Certification regulations, and the person affixing such a label would be subject to civil penalties and other sanctions pursuant to section 108, 109, and 110 of the Safety Act (15 U.S. C. 1397, 1398, 1399). The Certification regulations (49 CFR Parts 567, 568) require weight ratings, in cases of vehicles manufactured in two or more stages, to be based on the vehicle as completed by the final-stage manufacturer. That manufacturer is not permitted to delegate his responsibility to a dealer or user.; The NHTSA has made an exception in the case of vehicles shipped withou tires, or vehicles shipped with temporary tires that are not intended to be used on the vehicle apart from the limited purpose of shipment. Your letter contains no implication that your case in within this exception.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam1103OpenMr. Ralph H. Ullenberg, President, Milwaukee truck Center, Inc., 10521 West Layton Avenue, Milwaukee, WI 53228; Mr. Ralph H. Ullenberg President Milwaukee truck Center Inc. 10521 West Layton Avenue Milwaukee WI 53228; Dear Mr. Ullenberg: This is in reply to your letter of March 6, 1973, in which you as several questions regarding the certification of trucks with concrete mixers. You state that you supply a chassis to the Rex Chainbelt factory in Milwaukee, where a concrete mixer is installed. The combined unit is then shipped to a Rex dealer in Puerto Rico who sells the complete unit to a user. You provide weight ratings for the vehicle as follows: a gross vehicle weight rating, based on axle capacity, of 68,000 pounds, a rating, based on the tire capacity, of 56,740 pounds, and a gross weight of 66,800 pounds. Based on these figures you ask (1) Whether the truck can be completed in this fashion and shipped by you to Puerto Rico, (2) Whether the dealer in Puerto Rico can promise to install larger tires at a later date, (3) Whether Rex Chainbelt can certify the chassis at 68,000 pounds gross weight rating, if the dealer in Puerto Rico notifies Rex that he will change the tires at a later date, (4) Whether the chassis manufacturer can certify the truck chassis for a greater capacity than the lightest component if the local dealer or customer will notify him that they will bring the chassis to the higher certified level, and (5) What penalties can be imposed if a dealer or user does not make changes he has promised to make.; It appears to us from your letter that essentially the same issu underlies all your questions, that is, whether a final- stage manufacturer in completing a vehicle may place on it tires that are not sufficient to carry the vehicle at its gross vehicle weight rating, and elicit a promise from either a dealer or user that the latter will change the tires.; A truck that is equipped at the time of its manufacture with tire inadequate in terms of load rating to carry the truck at its gross vehicle weight rating would be considered by NHTSA to contain a safety related defect. The manufacturer of such a vehicle is subject to the provisions of section 113 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1402), which requires that notification of the defect be sent to first purchasers and dealers. A truck which was labeled with a gross vehicle weight rating below the minimum specified in 49 CFR 567(g)(3) would be in violation of the Certification regulations, and the person affixing such a label would be subject to civil penalties and other sanctions pursuant to section 108, 109, and 110 of the Safety Act (15 U.S. C. 1397, 1398, 1399). The Certification regulations (49 CFR Parts 567, 568) require weight ratings, in cases of vehicles manufactured in two or more stages, to be based on the vehicle as completed by the final-stage manufacturer. That manufacturer is not permitted to delegate his responsibility to a dealer or user.; The NHTSA has made an exception in the case of vehicles shipped withou tires, or vehicles shipped with temporary tires that are not intended to be used on the vehicle apart from the limited purpose of shipment. Your letter contains no implication that your case in within this exception.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam2260OpenMr. Sam F. Lancaster, President, Cameo Industries, Box 150, Columbus, KS 66725; Mr. Sam F. Lancaster President Cameo Industries Box 150 Columbus KS 66725; Dear Mr. Lancaster: This is in response to your March 17, 1976, letter concerning reportin forms for the mini motor homes that you contemplate building.; 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 vehicles as completed comply 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 Title 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 determines 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 items of vehicle equipment (15 U.S.C. SS 1411-1420) is also enclosed. Further, 49 CFR Part 573, *Defect Reports*, requires the submission to the NHTSA of information reports concerning defects. A copy of this regulation is enclosed. No particular reporting form is required.; In addition, a new manufacturer of motor vehicles is required by 49 CF Part 566, *Manufacturer Identification*, to submit certain information to the NHTSA not more than 30 days after he begins manufacture. A copy of this regulation is also enclosed.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam3001OpenH.X. Jackson, F.A.C.H.A., Administrator and Executive Vice-President, Valley Presbyterian Hospital, 15107 Vanowen Street, Van Nuys, California 91405; H.X. Jackson F.A.C.H.A. Administrator and Executive Vice-President Valley Presbyterian Hospital 15107 Vanowen Street Van Nuys California 91405; Dear Mr. Jackson: Thank you for your letter of March 7, 1979, concerning the computerize anti-theft device developed by the BBJ partnership.; As you know, the National Highway Traffic Safety Administration (NHTSA has been developing over the past several years an upgraded Federal Motor Vehicle Safety Standard 114, *Theft Protection*. I have enclosed a copy of the standard now in effect and our recent proposed amendment. You should be aware, however, that in response to comments this proposal may be modified prior to its issuance in final form.; The approach of the NHTSA in issuing motor vehicle safety standards i to establish minimum standards with which all manufacturers must comply. It is our hope that manufacturers will exceed these minimum standards in a way which offers the public greater protection, either throughout an entire vehicle line or by optional equipment which a purchaser may buy. your device appears to fall in this latter category.; The NHTSA does not provide evaluation or approvals of inventions, an we would be unable to advise you whether a vehicle equipped with your device would comply with Standard No. 114 without a more complete description. Based on the information you have provided, however, your device does not appear to conflict with the Standard as currently established. Should you have any specific questions in this regard after reading the enclosed material, please call (202-426-1834) or write Frederic Schwartz, Jr. of my office who will be able to assist you further. You should also be aware that if your device is meant to be installed by the owner if a vehicle after the vehicle is sold by the dealer, the Standard would not apply.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam4824OpenMr. Walter E. Gundaker Acting Director Center for Devices and Radiological Health Food and Drug Administration 12720 Twinbrook Parkway Rockville, MD 20857; Mr. Walter E. Gundaker Acting Director Center for Devices and Radiological Health Food and Drug Administration 12720 Twinbrook Parkway Rockville MD 20857; "Dear Mr. Gundaker: This responds to your December 26, 1990 lette concerning mechanical hand and foot driving controls. These controls are intended to enable persons who have limited use of their arms or legs to drive a motor vehicle. In your letter you stated that, because these controls raise questions regarding motor vehicle safety, your agency would like to revoke their present classification as a class II medical device. However, before you do this, you would 'need assurances that these driving controls for handicapped persons do fall in the jurisdiction of NHTSA and that significant complaints of malfunction would be investigated by NHTSA.' The following is a summary of our statutory authority in this area. Section 103 of the National Traffic and Motor Vehicle Safety Act (the Safety Act, 15 U.S.C. 1392) authorizes NHTSA to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. The driving controls that are the subject of your letter would be considered items of motor vehicle equipment, within the meaning of the Safety Act. However, this agency has not issued any standards setting forth performance requirements for controls for disabled drivers. Obviously, these controls could not be determined to be in noncompliance with a safety standard if there is no applicable safety standard. Another possible source of authority for NHTSA would be 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)), which specifies that, 'no manufacturer, distributor, dealer, or motor vehicle repair 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.' This statutory prohibition would be violated if a manufacturer, distributor, dealer, or repair business installed a mechanical hand or foot driving control so as to 'render inoperative' any of the elements of design installed in the original vehicle in compliance with one of our safety standards. However, when NHTSA has been asked about this in the past, the agency has generally stated that it would not institute enforcement proceedings under section 108(a)(2)(A) of the Safety Act against dealers or repair shops when a particular vehicle must be modified to accommodate the needs of a particular disability. Finally, the agency has authority to investigate allegations that items of motor vehicle equipment, such as these controls, contain defects related to motor vehicle safety, and to order the equipment manufacturer to notify owners and to remedy without charge any items of equipment determined to contain a defect related to motor vehicle safety, as provided in sections 151-160 of the Safety Act (15 U.S.C. 1411-1420). If there were indications that these controls contained a defect related to motor vehicle safety, the agency would investigate and take appropriate actions. Of course, as with any investigation of alleged safety-related defects, the outcome would depend on the facts of the specific investigation. I hope you find this information helpful. If you have further questions or need some additional information in this area, 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: aiam2323OpenMr. Don Ellenberger, Volkswagen of America, 818 Sylvan Avenue, Englewood Cliffs, N.J. 07632; Mr. Don Ellenberger Volkswagen of America 818 Sylvan Avenue Englewood Cliffs N.J. 07632; Dear Mr. Ellenberger: I am writing to confirm your May 19, 1976, telephone conversation wit Mark Schwimmer of this office, concerning the effective dates of Federal Motor Vehicle Safety Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars.*; You were particularly concerned with one paragraph in the preamble o Notice 4 (41 FR 18659, May 6, 1976, Docket No. 71-19). That notice delayed the effective dates of certain requirements of the standard. The paragraph in question is:; >>>Manufacturers should note that, apart from the changed effectiv date for the requirement in S5.1.1 that vehicles be equipped with properly marked rims, there is no delay in the September 1, 1976, effective date of the standard's basic requirements, S5.1 (*Tire and Rim Selection*).<<<; Section S5.2, *Rim Marking*, is the only section of the standard tha applies directly to rims. Section S5.1 applies directly to vehicles. As Mr. Schwimmer explained, however, two aspects of S5.1 (both found in S5.1.1) involve rims as well.; The first sentence of S5.1.1 includes a 'suitability' requirement: >>>...each vehicle...shall be equipped with...rims that are listed b the manufacturer of the tires as suitable for use with those tires...<<<; The second sentence, as amended by Notice 4, reads: >>>On and after September 1, 1979, each such vehicle shall be equippe with rims that meet the requirements of this standard.<<<; The paragraph in question is simply a reminder that the 'suitability requirement, among others, is effective September 1, 1976, as originally established in Notice 3 (41 FR 3478, January 23, 1976).; Yours truly, Stephen P. Wood, 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.