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: aiam5222OpenMr. Han Dinh Project Manager United States Postal Service 8403 Lee Highway Merrifield, VA 22082-8101; Mr. Han Dinh Project Manager United States Postal Service 8403 Lee Highway Merrifield VA 22082-8101; "Dear Mr. Dinh: This responds to your letter requesting informatio about the conversion of postal vehicles to operate on compressed natural gas (CNG). You explained that you are deciding which specifications to apply to the CNG pressure vessels on the converted vehicles. You ask whether we would recommend the American Gas Association's voluntary standard, NGV-2, or the Department of Transportation standard for cylinders which transport CNG. By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act) to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. NHTSA also investigates safety- related defects in motor vehicles and items of motor vehicle equipment. At present, NHTSA has not issued any standard applicable to CNG cylinders or vehicles using CNG as a fuel. However, as you know, NHTSA has undertaken rulemaking on a safety standard for CNG tanks and vehicles. (58 FR 5323, January 21, 1993.) In response to our January 1993 proposal, the agency received over 55 comments, which we are currently analyzing. We expect our next regulatory decision in early 1994. Given that this rulemaking has not been completed, NHTSA is unable to recommend to you a particular course of action with respect to the NGV-2 and DOT standards at this time. If NHTSA were to issue a safety standard for CNG cylinders and vehicles, the standard would apply to new products, and have applicability to vehicle conversions as follows. The cylinder regulation would be an equipment standard. Thus, all cylinders manufactured after the effective date of the standard would be required to comply with its requirements, whether they are placed on new vehicles or on vehicles converted to CNG fuel. The fuel system regulation would apply to new vehicles as manufactured by original equipment manufacturers or as converted prior to the first sale of the vehicle. Once the vehicle is sold, if the vehicle is converted by a commercial converter, the CNG fuel system regulation would apply if the vehicle was manufactured after the effective date of the standard and thus would have been regulated if it had originally been a CNG vehicle. With this in mind, I have enclosed a discussion that sets forth the implications under Federal law of converting gasoline-powered vehicles to use propane or other gas (such as CNG). That discussion addresses 108(a)(2)(A) of the Safety Act, which prohibits vehicle manufacturers, distributors, dealers and repair businesses from 'knowingly rendering inoperative, in whole or in part, any device or element of design installed . . . in compliance' with any FMVSS. In addition, please be aware that manufacturers of CNG tanks and vehicles are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that NHTSA or the manufacturer of the tank or vehicle determines that the product contains a safety- related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Our sister agency in the Department, the Federal Highway Administration (FHWA), has operational and equipment requirements for commercial vehicles used in interstate commerce. For further information about FHWA requirements, you can contact that agency's Chief Counsel's office at (202) 366-0650. I hope you find this information 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, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam5220OpenMr. Han Dinh Project Manager United States Postal Service 8403 Lee Highway Merrifield, VA 22082-8101; Mr. Han Dinh Project Manager United States Postal Service 8403 Lee Highway Merrifield VA 22082-8101; "Dear Mr. Dinh: This responds to your letter requesting informatio about the conversion of postal vehicles to operate on compressed natural gas (CNG). You explained that you are deciding which specifications to apply to the CNG pressure vessels on the converted vehicles. You ask whether we would recommend the American Gas Association's voluntary standard, NGV-2, or the Department of Transportation standard for cylinders which transport CNG. By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act) to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. NHTSA also investigates safety- related defects in motor vehicles and items of motor vehicle equipment. At present, NHTSA has not issued any standard applicable to CNG cylinders or vehicles using CNG as a fuel. However, as you know, NHTSA has undertaken rulemaking on a safety standard for CNG tanks and vehicles. (58 FR 5323, January 21, 1993.) In response to our January 1993 proposal, the agency received over 55 comments, which we are currently analyzing. We expect our next regulatory decision in early 1994. Given that this rulemaking has not been completed, NHTSA is unable to recommend to you a particular course of action with respect to the NGV-2 and DOT standards at this time. If NHTSA were to issue a safety standard for CNG cylinders and vehicles, the standard would apply to new products, and have applicability to vehicle conversions as follows. The cylinder regulation would be an equipment standard. Thus, all cylinders manufactured after the effective date of the standard would be required to comply with its requirements, whether they are placed on new vehicles or on vehicles converted to CNG fuel. The fuel system regulation would apply to new vehicles as manufactured by original equipment manufacturers or as converted prior to the first sale of the vehicle. Once the vehicle is sold, if the vehicle is converted by a commercial converter, the CNG fuel system regulation would apply if the vehicle was manufactured after the effective date of the standard and thus would have been regulated if it had originally been a CNG vehicle. With this in mind, I have enclosed a discussion that sets forth the implications under Federal law of converting gasoline-powered vehicles to use propane or other gas (such as CNG). That discussion addresses 108(a)(2)(A) of the Safety Act, which prohibits vehicle manufacturers, distributors, dealers and repair businesses from 'knowingly rendering inoperative, in whole or in part, any device or element of design installed . . . in compliance' with any FMVSS. In addition, please be aware that manufacturers of CNG tanks and vehicles are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that NHTSA or the manufacturer of the tank or vehicle determines that the product contains a safety- related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Our sister agency in the Department, the Federal Highway Administration (FHWA), has operational and equipment requirements for commercial vehicles used in interstate commerce. For further information about FHWA requirements, you can contact that agency's Chief Counsel's office at (202) 366-0650. I hope you find this information 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, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam5092OpenMr. Mike Love Manager, Compliance Porsche Cars North America, Inc. P. O. Box 30911 Reno, Nevada 89520-3911; Mr. Mike Love Manager Compliance Porsche Cars North America Inc. P. O. Box 30911 Reno Nevada 89520-3911; "Dear Mr. Love: This responds to your request that NHTSA determine tha a proposed modification to a previously approved antitheft device on the Porsche 911 car line constitutes a de minimis change to the device. The change is proposed to be made on only one model in the 911 line and to be effective beginning with the 1994 model year (MY). As explained below, the agency concludes that the proposed change to the antitheft device is not a de minimis change. As you are aware, in a Federal Register notice of June 2, 1989 (54 FR 23727), NHTSA determined that the antitheft device, to be placed as standard equipment on the MY 1990 Porsche 911 car line, was likely to be as effective as parts marking. Subsequently, by letter dated May 31, 1990, the agency concluded that proposed changes to the antitheft device in the MY 1991 Porsche 911 car line were de minimis changes. The primary change for the 1991 model year was that the interior light control units were to be integrated with the alarm control unit and central locking system. The latter two components were already integrated. For the following reasons, NHTSA concludes that the proposed change to the antitheft device for the 1994 model year is not de minimis. In reaching this conclusion, we looked primarily at the anti-theft system on which the exemption was originally based. Under the original system, locking one door would automatically lock all doors, as well as arm the alarm system. Under the proposed change, locking one door with the key would no longer automatically lock all doors, but would still arm the alarm system. This is not an insignificant change like the substitution of new components for old components, each serving the same function. Nor does the change involve adding a feature making an exempted antitheft device even more effective. The change in question lessens the likelihood that all doors of a car will be locked, thus easing a thief's access to the passenger compartment. A thief may easily open the unlocked door, providing an opportunity to attempt to shut off the alarm system (since both the alarm control unit and the power lines from the battery to the alarm system are inside the vehicle) and to circumvent the engine disabling system. If the thief successfully overcomes these systems, theft of the entire vehicle or its parts is facilitated. Once inside the vehicle, a thief may open the hood by a release in the vehicle interior, thereby gaining access to the storage space under the hood. Since the battery for the Porsche 911 is also located in the front hood compartment of the vehicle, access to the battery also makes it easier for a thief to attempt to shut off the alarm system and engine disabling system, again facilitating theft of the entire vehicle or its parts. Because the same aspects of performance (i.e., the central door locking system that automatically locked all doors, making access to the vehicle interior and hood release more difficult), are not provided in the proposed device, resulting in the possibility of the vehicle's increased vulnerability to being stolen in whole, or to have its parts stolen, this agency concludes that Porsche's proposed modification to the antitheft device in one model in the MY 1994 911 car line is not a de minimis change. If Porsche wishes to place its proposed antitheft device on the 911 car line, it must formally file a petition with NHTSA pursuant to 49 CFR 543.9(c)(2). Please note that the petition for a modification must provide the same information for the modified device as is required under 543.6 for a new device. This includes the statement in 543.6(a)(1) that the antitheft device will be installed as standard equipment on all cars in the line for which an exemption is sought. Since the modification planned by Porsche would result in one model within the car line lacking a feature found on the anti-theft systems of other models, the agency would determine in the following manner whether the car line continued to merit exemption. It would regard the system of the one model as the system of the car line as a whole and assess whether that system would be as effective in preventing theft as parts marking. The additional feature on the other models within the car line, i.e., the central locking system, would be regarded as an addition to the standard equipment system and would not have any bearing upon the exemptability of the car line. NHTSA notes that this same approach would not be taken if the system to be installed on a single model within a car line could not be regarded as a stripped down version of the system on the other models. In that case, there would be no standard equipment version of the system and the car line would not be eligible for an exemption. If you have any questions, please contact Ms. Barbara A. Gray, Chief, Motor Vehicle Theft Division, Office of Market Incentives, Office of Rulemaking, NHTSA, at this address or by telephone at (202) 366-1740. Sincerely, Barry Felrice Associate Administrator for Rulemaking"; |
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ID: aiam4715OpenMr. Frederick H. Dambach President Execuline 997 Brook Rd. Lakewood, NJ 08701; Mr. Frederick H. Dambach President Execuline 997 Brook Rd. Lakewood NJ 08701; "Dear Mr. Dambach: This is in response to your letter requesting that reconsider my conclusion in a July 26, 1989, letter to you interpreting emergency exit requirements contained in Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus Window Retention and Release. I regret the delay in responding. As is explained below, after reconsideration, I must still conclude that exits located in the roof of a bus do not satisfy the requirement contained in S5.2 of Standard 217, that 40% of the required emergency exit space on a transit bus must be located on each side of the bus. Your August letter argues that roof exits must be counted in determining compliance with S5.2 because the standard does not specifically state that a side is that part of a bus that is perpendicular to the floor. Instead, relying upon provisions of the Federal Highway Administration's (FHWA) regulations at 49 CFR Part 393, you assert that the side of a bus is any part to the left or right of the roof centerline. While this may be true under the FHWA regulations, those regulations are being used in a completely different context than Standard No. 217, and concern lighting and marker requirements and specifications for towing for motor carriers. Standard 217, on the other hand, specifies requirements for the operating forces, opening dimensions, and markings for emergency exits in buses to ensure readily accessible emergency egress from these vehicles. Because of the different purpose and context of Standard 217 and the FHWA regulations, the definition of the word 'side' is not necessarily the same for those regulations. In fact, as I explained in detail in my previous letter to you, the structure and purpose of Standard 217 show that the word 'side' has a different meaning in Standard 217 than it does when used by the FHWA in Part 393. Moreover, and contrary to the assertion in your letter, Standard 217 is not a subpart of Part 393. Standard 217 is found in 49 CFR Part 571. The Standard is a Federal Motor Vehicle Safety Standard (FMVSS), administered by NHTSA. Under Federal law, these standards are applicable to manufacturers (including importers) of motor vehicles. On the other hand, Part 393, administered by the FHWA, is a part of the Federal Motor Carrier Safety Regulations, which are applicable to motor carriers. Although NHTSA and FHWA coordinate with each other to avoid conflicts in our respective regulatory programs, the FHWA does not have authority over motor vehicle manufacturers. Likewise, NHTSA does not have authority over motor carriers. This agency has statutory authority to regulate the manufacture, importation, distribution, and sale of new motor vehicles and new items of motor vehicle equipment. Additionally, our statute prohibits any manufacturer, distributor, dealer, or repair business from 'rendering inoperative' any device or element of design installed on or in a vehicle in compliance with a safety standard. However, this agency has no authority to regulate the operation and use of vehicles. Hence, NHTSA cannot require the vehicles used in your company's fleet to comply with Standard 217 or any other Federal motor vehicle safety standards. However, the individual States are free to regulate the operation and use of vehicles within their borders, provided that those regulations do not contravene any Federal laws or regulations. In this case, the State of New Jersey has chosen to adopt the provisions of Standard 217 and make it applicable to vehicles operated within New Jersey. This choice by the State of New Jersey does not contravene any of this agency's statutes or regulations. Thus, while I appreciate that New Jersey's decision to apply Standard 217 to vehicles operated in the State may have caused you difficulties, the wisdom and fairness of that decision is a matter to be decided by the State of New Jersey, not this agency. I hope this information is helpful. Please contact David Greenburg of this office at (202) 366-2992 if you have any further questions. Sincerely, Stephen P. Wood Acting Chief Counsel"; |
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ID: aiam3751OpenMr. Philip H. Wong, Deltana Enterprises, Inc., 12871 S.W. 117 Street, Miami, FL 33186; Mr. Philip H. Wong Deltana Enterprises Inc. 12871 S.W. 117 Street Miami FL 33186; Dear Mr. Wong: This responds to your letter to this office asking for information o regulations applicable to the importation of new tires, retreaded tires, and used tires casings from Japan into this country. It is not clear from your letter whether you are interested in importing passenger car tires or tires for use on other motor vehicles. To ensure that you get the information of concern to you, I will discuss the three situations you asked about for both passenger car tires and tires for use on other motor vehicles.; Generally speaking, all tiers which are subject to a Federal moto vehicle safety standard must have the symbol 'DOT' molded into the sidewall by the manufacturer or retreader, if those tires are to be imported into the United States. This symbol represents a certification by the manufacturer or retreader that the tire complies with all requirements of the applicable safety standard. The importation of any tire without the DOT certification symbol on the sidewall would be a violation of 15 U.S.C. 1397(a)(1)(A), and the importer would be subject to a civil penalty of $1000 for each tire he imported without a DOT symbol on the sidewall.; *New passenger car tires*. Section S4.3.1 of Safety Standard No. 10 (49 CFR S571.109) (copy enclosed) requires that all new passenger car tires have the DOT symbol molded into the sidewall by the manufacturer. Tires without this symbol may not legally be imported into this country.; *New tires for use on motor vehicles other than passenger cars* Section S6.5(a) of Standard No. 119 (49 CFR S571.119) (copy enclosed) requires that all new tires for use on motor vehicles other than passenger cars have the DOT symbol molded into the sidewall by the manufacturer. Tires without this symbol may not legally be imported into this country.; *Retreaded passenger car tires*. Section S6.1 of Standard No. 117 (4 CFR S571.117) (copy enclosed) requires that all retreaded passenger car tires have the symbol DOT molded into the sidewall by the retreader. Retreaded passenger car tires without this symbol may not legally be imported into this country.; *Retreaded tires for use on motor vehicles other than passenger cars* No Federal safety standard is applicable to these tires. They may be imported without certification of compliance by the retreader. However, these tires must have a tire identification number marked on the sidewall, per the requirements of 49 CFR Part 574 (copy enclosed), if they are to be legally sold in the United States. It would be a violation of 15 U.S.C. 1397(a)(1)(E) to sell tires without an identification number.; *Used passenger car tires*. 15 U.S.C. 1397(a)(1)(A) reads in part a follows: 'No person shall...import into the United States any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title, unless it is in conformity with such standard...' The effect of this language is to require that passenger car tires manufactured on or after the date Standard No. 109 took effect (January 1, 1968) be certified as complying with that standard, whether the tire is now new or used. To be legally imported into the United States, used passenger car tires must either have a DOT symbol molded into the sidewall by the original manufacturer or be accompanied by proof that they were manufactured before January 1, 1968.; *Used tires for use on motor vehicles other than passenger cars*. Th same reasoning applied above in the case of used passenger car tires applies to these tires as well. Standard No. 119 took effect on March 1, 1975, so used tires to be imported into the United States must either have a DOT symbol on the sidewall or proof that they were manufactured before March 1, 1975.; Used tires for use on motor vehicles other than passenger cars whic have less than 2/32 inch of tread remaining and which are imported solely for the purpose of being retreaded in this country prior to resale may be imported without a DOT symbol on the sidewall. I have enclosed a copy of a letter to Mr. Roy Littlefield, which explains in detail the requirements of this narrow exception to the requirement that used tires have a DOT symbol on the sidewall to be legally imported.; You also asked for any other information which your supplier might nee to export tires to the United States. I have enclosed a copy of a letter to Mr. Yang Ru-tang, which sets forth the requirements which must be satisfied in order for a foreign manufacturer to export tires to this country.; If you need any further information on this subject, please feel fre to contact me.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3750OpenMr. Philip H. Wong, Deltana Enterprises, Inc., 12871 S.W. 117 Street, Miami, Florida 33186; Mr. Philip H. Wong Deltana Enterprises Inc. 12871 S.W. 117 Street Miami Florida 33186; Dear Mr. Wong: This responds to your letter to this office asking for information o regulations applicable to the importation of new tires, retreaded tires, and used tire casings from Japan into this country. It is not clear from your letter whether you are interested in importing passenger car tires or tires for use on other motor vehicles. To ensure that you get the information of concern to you, I will discuss the three situations you asked about for both passenger car tires and tires for use on other motor vehicles.; Generally speaking, all tires which are subject to a Federal moto vehicle safety standard must have the symbol 'DOT molded into the sidewall by the manufacturer or retreader, if those tires are to be imported into the United States. This symbol represents a certification by the manufacturer or retreader that the tire complies with all requirements of the applicable safety standard. The importation of any item without the DOT certification symbol on the sidewall would be a violation of 15 U.S.C. 1397(a)(1)(A), and the importer would be subject to a civil penalty of $1000 for each tire he imported without a DOT symbol on the sidewall.; *New passenger car tires*. Section S4.3.1 of Safety Standard No. 10 (49 CFR S571.109) (copy enclosed) requires that all new passenger car tires have the DOT symbol molded into the sidewall by the manufacturer. Tires without this symbol may not legally be imported into this country.; *New tires for use on motor vehicles other than passenger cars* Section S6.5(a) of Standard No. 119 (49 CFR S571.119) (copy enclosed) requires that all new tires for use on motor vehicles other than passenger cars have the DOT symbol molded into the sidewall by the manufacturer. Tires without this symbol may not legally be imported into this country.; *Retreaded passenger car tires*. Sections S6.1 of Standard NO. 117 (4 CFR S571.117) (copy enclosed) requires that all retreaded passenger cars tires have the symbol DOT molded into the sidewall by the retreader. Retreaded passenger car tires without this symbol may not legally be imported into this country.; *Retreaded tires for use on motor vehicles other than passenger cars* No Federal safety standard is applicable to these tires. They may be imported without certification of compliance by the retreader. However, these tires must have a tire identification number marked on the sidewall, per the requirements of 49 CFR Part 574 (copy enclosed), if they are to be legally sold in the United States. It would be a violation of 15 U.S.C. 1397(a)(1)(E) to sell tires without an identification number.; *Used passenger car tires*. 15 U.S.C.d 1397(a)(1)(A) reads in part a follows: 'No person shall...import into the United States...any item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard...' The effect of this language is to require that passenger car tires manufactured on or after the date Standard No. 109 took effect (January 1, 1968) be certified as complying with that standard, whether the tire is now new or used. To be legally imported into the United States, used passenger car tires must either have a DOT symbol molded into the sidewall by the original manufacturer or be accompanied by proof that they were manufactured before January 1, 1968.; *Used tires for use on motor vehicles other than passenger cars*. Th same reasoning applied above in the case of used passenger car tires applies to these tires as well. Standard No. 119 took effect on March 1, 1975, so used tires to be imported into the United States must either have a DOT symbol on the sidewall or proof that they were manufactured before March 1, 1975.; Used tires for use on motor vehicles other than passenger cars whic have less than 2/32 inch of tread remaining and which are imported solely for the purpose of being retreaded in this country prior to resale may be imported without a DOT symbol on the sidewall. I have enclosed a copy of a letter to Mr. Roy Littlefield, which explains in detail the requirements of this narrow exception to the requirement that used tires have a DOT symbol on the sidewall to be legally imported.; You also asked for any other information which your supplier might nee to export tires to the United States. I have enclosed a copy of a letter to Mr. Yang Ru-tang, which sets forth the requirements which must be satisfied in order for a foreign manufacturer to export tires to this country.; If you need any further information on this subject, please feel fre to contact me.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam2191OpenHonorable Robin Beard, Member of Congress, 710 North Garden Street, Columbia, TN 38401; Honorable Robin Beard Member of Congress 710 North Garden Street Columbia TN 38401; Dear Mr. Beard: This responds to your January 29, 1976, question whether an owner of vehicle manufactured to comply with Standard No. 121, *Air Brake Systems, may legally disconnect portions of the brake system after a vehicle has been delivered for use in his business.; Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safet Act (15 U.S.C. S 1397(a)(2)(A)) prohibits, with one exception, knowing disconnection of safety components by manufacturers, distributors, dealers, or repair businesses. Thus, there is no prohibition on disconnection by an owner of his own vehicle's system under the Traffic Safety Act. However, State statutes, or the regulations of the Bureau of Motor Carrier Safety may prohibit disconnection. In any case, the NHTSA urges that owners not disconnect safety devices without consultation with the vehicle manufacturer with regard to the safest configuration of the vehicle.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam3183OpenE. Michael Flanagan, Esq., Messrs. Pierson, Ball & Dowd, 1000 Ring Building, 1200 18th Street, N.W., Washington, D.C. 20036; E. Michael Flanagan Esq. Messrs. Pierson Ball & Dowd 1000 Ring Building 1200 18th Street N.W. Washington D.C. 20036; Dear Mr. Flanagan: This is in reply to your letter of December 7, 1979, to Taylor Vinso of this office requesting written confirmation of an oral opinion.; Specifically you asked whether your client, Grumman Allied Industries Inc. needed to obtain a temporary exemption from Standard No. 301-75 in the situation where it, to use your words, 'was considering converting a small number of their gasoline-powered trucks to diesel power on an experimental basis in order to sponsor a comparative fuel economy test which would be conducted by their consumers.' The opinion for which you request written confirmation is that Grumman 'would not need a temporary exemption if there existed a reasonable basis to believe that the vehicle as modified would still be in compliance with the fuel integrity safety standard.'; That opinion is essentially correct assuming that Grumman is th manufacturer of the vehicles in question. Grumman may substitute diesel engines for conventional ones in the manufacturing process without barrier impacting its vehicles if a reasonable basis exists for concluding that its vehicles as modified will meet the standard. The National Traffic and Motor Vehicle Safety Act does not legally require a manufacturer to test its vehicles. It does, however, require conformance with NHTSA safety performance standards and although testing in accordance with the procedures and conditions set forth in the standards may provide the greatest assurance of conformity, a manufacturer may nevertheless resort to engineering studies mathematical calculations, computer simulations etc. as a basis for certifying that the vehicle does meet all applicable standards.; If Grumman is converting existing vehicles produced and certified b another manufacturer, the responsibility differs though the end result may be substantially similar. The Act imposes no restrictions upon the alteration of a vehicle by its owner, but the agent of an owner (specifically a manufacturer, dealer, or motor vehicle repair business) may not 'knowingly render inoperative in whole or in part, any device or element of design installed on or in a motor vehicle... in compliance with an applicable safety standard ....' (15 U.S.C. 1397(a)(2)(A)). Therefore, if a person other than Grumman is converting existing vehicles to diesel power, it should not do so unless it is assured that at the end of the conversion process the vehicle continues to meet Standard No. 301-75.; I hope this is responsive to your request. Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1747OpenMr. Ralph Millet, Saab-Scania of America, Inc., P. O. Box 697, Orange, CT 06477; Mr. Ralph Millet Saab-Scania of America Inc. P. O. Box 697 Orange CT 06477; Dear Mr. Millet: This is to confirm the opinion which I gave to you at our January 8 1975, meeting that Saab's defect notification campaign involving 99E, LE, and EMS models with leakage problems in the fuel injection system is subject to the recent amendments to the National Traffic and Motor Vehicle Safety Act (Pub. L. 93-492, 88 Stat. 1470), which became effective December 26, 1974. These amendments require Saab to remedy the defect without charge and do not permit Saab's limiting the remedy without charge to vehicles brought in for repair before July 1, 1975. A revised letter must indicate in accordance with Section 153 of the amendments that Saab will remedy the vehicles without charge. Section 153 also requires certain information not presently required to be included in all notification letters. Section 153(a)(5) requires the notification to state the earliest date on which the defect will be remedied and section 153(a)(6) requires the inclusion of a 'description of the procedure to be followed by the recipient of the notification in informing the Secretary' if Saab fails or is unable to remedy without charge.; We do not believe the notification letter which you mailed on Decembe 26, 1974, conforms to these requirements. With respect to the date of remedy, you state that the parts are 'now available' to dealers. Because remedy without charge is contingent upon actual dates, we believe the inclusion of a specific date is required. Moreover, that date should reflect the fact that dealers have actually received parts, rather than that parts are merely available to them. The reference to availability is ambiguous, in our view, for it does not reveal whether manufacturers in fact are prepared at that time to make necessary repairs. You must also include information that is responsive to section 153(a)(6). As the procedures referred to have not been published, it is sufficient if you advise owners that they can write the Administrator, National Highway Traffic Safety Administration, Washington, D.C. 20590, if they find Saab to have failed or to have been unable to perform the repair satisfactorily.; In other respects, we believe your letter does meet the requirements o section 153. Revised letters should be sent to all owners who have not had their vehicles repaired at the time of mailing, and should be mailed as expeditiously as possible after Saab receives the names of registered owners it has ordered.; Yours truly, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam3801OpenMr. Daniel J. Roberson, Comfort-Tour Cycle Products, 8724 116th Avenue, N. E., Kirkland, WA 98033; Mr. Daniel J. Roberson Comfort-Tour Cycle Products 8724 116th Avenue N. E. Kirkland WA 98033; Dear Mr. Roberson: This responds to your letter of November 29, 1983, to the Office o Vehicle Safety Compliance, which was forwarded to this office for reply, concerning the legal requirements regulating the manufacture of motorcycle windshields. You requested information on how you as a manufacturer may obtain certification of your product under the National Traffic and Motor Vehicle Safety Act.; The National Highway Traffic Safety Administration (NHTSA) has th authority to govern the manufacture of new motor vehicles and motor vehicle equipment, and pursuant to the National Traffic and Motor Vehicle Safety Act we have promulgated Federal Motor Vehicle Safety Standard No. 205 (FMVSS No. 205), *Glazing Materials*. FMVSS No. 205 incorporates by reference the American National Standard 'Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways,' Z26.6-1966 (ANS Z26). These requirements for glazing used in vehicles and motorcycles, such as minimum levels of light transmittance and abrasion resistance. Copies of FMVSS No. 205 and ANS Z26 have been enclosed in the letter sent to you by the Office of Vehicle Safety Compliance dated January 10, 1984.; You should be aware that the NHTSA does not pass approval on th compliance of any vehicle or equipment with a safety standard before the actual events that underlie certification. Under the Vehicle Safety Act, it is your responsibility as a manufacturer to determine whether your windshields comply with all applicable safety standards and regulations, and to certify your products in accordance with that determination.; There are other regulations and standards affecting manufacturers o motor vehicle equipment of which you should be aware. For instance, manufacturers of motor vehicle equipment have specific responsibilities under the National Traffic and Motor Vehicle Safety Act regarding safety- related defects in their products. Sections 151 *et* *seq.* of the Act a copy of which is enclosed, requires manufacturers to notify purchasers about safety-related defects in their product and to remedy such defects without charge. In addition, Part 556 requires vehicle and equipment manufacturers to provide the agency with certain information concerning themselves and the products they manufacture. I am enclosing an information sheet explaining how you can obtain copies of the agency's regulations. You should refer to the Act and its implementing regulations in order to understand the extent of your responsibilities as a manufacturer of motor vehicle equipment.; Sincerely, Frank Berndt, 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.