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: aiam5209OpenMr. Dale Moore, CIC Hagan Hamilton Insurance and Financial Services 448 South Baker Post Office Box 847 McMinnville, OR 97128; Mr. Dale Moore CIC Hagan Hamilton Insurance and Financial Services 448 South Baker Post Office Box 847 McMinnville OR 97128; "Dear Mr. Moore: This responds to your letter addressed to Walter Myer of this office in which you asked whether 15-passenger vans used by Linfield College to transport high school-age students to the college must comply with the Federal motor vehicle safety standards applicable to school buses. You explained in your letter and its enclosure that Linfield College sponsors an 'Upward Bound' program, in which selected high school-age students from disadvantaged families are transported to the college campus for academic tutoring and other activities, including field trips, counseling, etc. You have been advised that the college's 15-passenger vans 'may have to meet federal requirements in order to be leased or purchased from an automobile dealer.' Let me begin by stating that the National Highway Traffic Safety Administration's (NHTSA's) requirements for new school buses regulate the manufacture and sale or lease of new vehicles used for transporting students. The Federal requirements do not, however, regulate what bus may be used for particular student transportation purposes. The requirements that apply to the use of school vehicles are set by the State. Thus, if there are regulations about what buses an Oregon college must use to transport Oregon high school students, such regulations are administered by the State of Oregon, not the Federal government. Some background information on our requirements might be helpful to your inquiry. The National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1381 to 1431, as amended (Safety Act) authorizes NHTSA to issue Federal motor vehicle safety standards (FMVSSs) applicable to the manufacture and sale of new motor vehicles, including school buses. The Safety Act defines a school bus as 'a passenger motor vehicle which is designed to carry more than 10 passengers in addition to the driver, and which . . . is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools.' It is a violation of the Safety Act for any person to sell or lease any new motor vehicle as a school bus that does not comply with all Federal school bus safety standards. It is not a violation of Federal law, however, to sell any noncomplying used vehicle as a school bus, even if the seller knows the vehicle will be significantly used as a school bus. Similarly, it is not a violation of Federal law to use a noncomplying vehicle to transport school children. As noted above, that is because individual states, not the Federal government, regulate the use of motor vehicles. In the situation described in your letter, several issues must be addressed to determine whether the vans are subject to our school bus safety standards. The first issue is whether the vans are 'buses.' Since the vans are designed to carry more than 10 persons, the answer to that question is yes. The second issue is whether Upward Bound activities are considered 'school related events.' Although Oregon may have a specific definition of 'school related event' for the purpose of determining whether Linfield College must use certified school buses, with regard to Federal law, we conclude the answer is yes. That is, if a new bus were sold or leased to the college, we would consider the new vehicle as being sold or leased for a school related event. The goal of Upward Bound is to prepare the participating students for post- secondary education. That is also, of course, one of the goals of the secondary schools in the program. Your enclosure states that Upward Bound staff 'visit each high school on a weekly basis doing counseling and follow-up work with each student.' These regular ongoing visits could not happen without the cooperation of the secondary schools in the program. Accordingly, it appears to us that the Upward Bound program is an 'event related to' the secondary schools concerned, within the meaning of the Safety Act. The final issue is whether transporting Upward Bound students constitutes a significant use for the vans. Linfield College need not purchase certified new school buses for its general purpose vehicles, even though such vehicles may be used occasionally to transport Upward Bound students. On the other hand, if Linfield College purchases or leases the vans knowing that they will be significantly used to transport Upward Bound students, the seller who knows of such anticipated use must sell only properly certified school buses. For information regarding state requirements on the use of school buses, you may contact Mr. Donald Forbes, 135 Transportation Building, Salem, OR 97310, telephone (503) 378-6388. I hope this information is helpful to you. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam2681OpenMr. Jerry McNeil, American Trailers, Inc., 1500 Exchange Avenue, Box 26568, Oklahoma City, OK 73126; Mr. Jerry McNeil American Trailers Inc. 1500 Exchange Avenue Box 26568 Oklahoma City OK 73126; Dear Mr. McNeil: This responds to your July 20, 1977, letter asking whether you certification labels comply with Part 567, *Certification*, and Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars*.; As stated to you in an earlier letter, the National Highway Traffi Safety Administration does not issue approvals of compliance with Federal safety standards and regulations. The agency will, however, give you an informal opinion as to whether your labels appear to comply with the requirements. The agency has determined that the two labels that you submitted do not follow the format established in the regulations and, therefore, do not comply with the requirements. If 'R' denotes radial ply and 'F' denotes load range, the tire designation should be 10.00 R 20(F).; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam2680OpenMr. Jerry McNeil, American Trailers, Inc., 1500 Exchange Avenue, Box 26568, Oklahoma City, Oklahoma 73126; Mr. Jerry McNeil American Trailers Inc. 1500 Exchange Avenue Box 26568 Oklahoma City Oklahoma 73126; Dear Mr. McNeil: This responds to your July 20, 1977, letter asking whether you certification labels comply with Part 567, *Certification*, and Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars*.; As stated to you in an earlier letter, the National Highway Traffi Safety Administration does not issue approvals of compliance with Federal safety standards or regulations.The agency will, however, give you an informal opinion as to whether your labels appear to comply with the requirements. The agency has determined that the two labels that you submitted do not follow the format established in the regulations and, therefore, do not comply with the requirements. If 'R' denoted radial ply and 'F' denoted load range, the tire designation should be 10.00 R 20(F).; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam5384OpenMr. Robin Liu President Introbusy 1320 Girard Street San Francisco, CA 94134; Mr. Robin Liu President Introbusy 1320 Girard Street San Francisco CA 94134; "Dear Mr. Liu: This responds to your letter of April 18, 1994, wit respect to a supplementary stop lamp that you intend to import into the United States. You have asked whether you 'need to get any official approval or to apply any license to ensure that installing this product in motor vehicle will not violate the regulation of Transportation Department.' There are no requirements of the Department of Transportation (DOT) that a supplementary stop lamp must meet. You do not have to receive DOT approval, or apply for a license. The authority of this agency over installation of supplementary lighting equipment differs, according to whether the equipment is 'original' (installed by the vehicle dealer or manufacturer before the vehicle's first sale) or 'aftermarket' (installed after the vehicle's first sale). We believe that you intend your lamp for sale in the aftermarket. If your lamp is installed by the owner of the vehicle itself, there are no Federal laws that must be considered. However, it is subject to the laws of the States in which the lamp is operated. We are unable to advise you on these laws and suggest that you write for an interpretation to: American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203. However, if your lamp is installed by someone other than a vehicle owner, specifically by a manufacturer, distributor, dealer or motor vehicle repair business, under Federal law (l5 U.S.C. 1397(a)(2)(A)) the question must be asked whether your lamp will 'render inoperative in whole or in part' the center stop lamp or other stop lamps which have been installed in accordance with a Federal regulation (49 CFR 571.108 Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment. Literally, these lamps will continue to operate, however, if their signal is not clearly perceived as stop signals, then, in our view, they have been rendered partially inoperative within the meaning of the statutory prohibition. The supplementary stop lamp depicted in the photos you enclosed is mounted atop a vehicle's center highmounted stop lamp. It connects '+/- wire to manufacturer's braking light system.' The one shown is in the shape of a snowman, but others are available as Santa Claus, pumpkins, sports figures, etc. The photo of your snowman stop lamp in operation indicates that an interior bulb shines through the exterior and, in this case, gives a distinctly white light in contrast to the red of the center lamp on top of which it is mounted. Thus, we believe that when the snowman lamp operates simultaneously with the other stop lamps there could be momentary confusion on the part of a following driver, in other words, that the stop lamps will be rendered partially inoperative. If your lamp is installed before the first sale of a vehicle (for example, by the vehicle dealer), under Standard No. 108 (S5.1.3) the question must be asked whether your lamp would impair the effectiveness of the center and other stop lamps. Because of the possibility of momentary confusion discussed above, we believe that your lamp could impair the effectiveness of the stop lamps which are required under Standard No. 108. There is also the possibility that installation of the lamp could affect compliance of the vehicle with the interior field of view requirements (S5.1.1) of Motor Vehicle Safety Standard No. 111 Rearview Mirrors. In summary, while there is no restriction upon your importation and sale of this device, we believe that its installation would raise problems of compliance with Federal laws. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam3039OpenMr. Maurice H. Allmacher, Project Engineer, Vehicle Regulations, Volkswagen of America, Inc., 7111 East Eleven Mile Road, Warren, MI 48090; Mr. Maurice H. Allmacher Project Engineer Vehicle Regulations Volkswagen of America Inc. 7111 East Eleven Mile Road Warren MI 48090; Dear Mr. Allmacher: This is in response to your letter of June 1, 1979, regarding th provision of Uniform Tire Quality Grading (UTQG) information to vehicle first purchasers (49 CFR 575.104(d)(1)(iii)). You ask whether UTQG information must be provided to first purchasers of vehicles manufactured after the UTQG sidewall molding effective date for the type of tire used on the vehicle, if the vehicle is equipped with tires manufactured prior to the effective date.; Section 575.104(d)(1)(iii) requires that tire grading information b furnished, in the case of bias- ply tires,; >>>'...to the first purchaser of a new motor vehicle, other than motor vehicle equipped with bias-ply tires manufactured prior to October 1, 1979, ...'<<<; Thus, UTQG first purchaser information is not required for vehicle manufactured after the bias-ply sidewall molding effective date of October 1, 1979, but equipped with tires manufactured prior to that date. The regulation applies in the same manner to vehicles equipped with bias-belted and radial tires manufactured prior to April 1, 1980, and October 1, 1980, respectively.; In order to avoid confusion regarding the date of manufacture of tire installed on particular vehicles, manufacturers may choose to supply UTQG information to all first purchasers of vehicles manufactured after the effective date for sidewall molding for the tire type used as standard equipment on the vehicles.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3040OpenMr. Maurice H. Allmacher, Project Engineer, Vehicle Regulations, Volkswagen of America, Inc., 7111 East Eleven Mile Road, Warren, MI 48090; Mr. Maurice H. Allmacher Project Engineer Vehicle Regulations Volkswagen of America Inc. 7111 East Eleven Mile Road Warren MI 48090; Dear Mr. Allmacher: This is in response to your letter of June 1, 1979, regarding th provision of Uniform Tire Quality Grading (UTQG) information to vehicle first purchasers (49 CFR 575.104(d)(1)(iii)). You ask whether UTQG information must be provided to first purchasers of vehicles manufactured after the UTQG sidewall molding effective date for the type of tire used on the vehicle, if the vehicle is equipped with tires manufactured prior to the effective date.; Section 575.104(d)(1)(iii) requires that tire grading information b furnished, in the case of bias- ply tires,; >>>'...to the first purchaser of a new motor vehicle, other than motor vehicle equipped with bias-ply tires manufactured prior to October 1, 1979, ...'<<<; Thus, UTQG first purchaser information is not required for vehicle manufactured after the bias-ply sidewall molding effective date of October 1, 1979, but equipped with tires manufactured prior to that date. The regulation applies in the same manner to vehicles equipped with bias-belted and radial tires manufactured prior to April 1, 1980, and October 1, 1980, respectively.; In order to avoid confusion regarding the date of manufacture of tire installed on particular vehicles, manufacturers may choose to supply UTQG information to all first purchasers of vehicles manufactured after the effective date for sidewall molding for the tire type used as standard equipment on the vehicles.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3639OpenMr. Bruce Henderson, Automobile Importers of America, Inc., 1735 Jefferson Davis Highway, Suite 1002, Arlington, VA 22202; Mr. Bruce Henderson Automobile Importers of America Inc. 1735 Jefferson Davis Highway Suite 1002 Arlington VA 22202; Dear Mr. Henderson: This responds to your letter asking about the identificatio requirements of FMVSS 101, *Controls and Displays*. You asked whether it is permissible for a manufacturer to identify a certain manual control with the symbol specified by the European Economic Community (EEC) for the cold start control. According to your letter, the control resets injection timing *and* actuates cylinder warming.; By way of background information, the agency does not provide approval of motor vehicles or motor vehicle equipment. The Vehicle Safety Act requires that each manufacturer assure that its products are in compliance with all applicable standards. The following only represents the agency's opinion based on the specific facts provided in your letter.; The answer to your question is yes, since Standard No. 101 does no include any identification requirements applicable to that specific type of control.; Section S5 of Standard No. 101 requires each passenger car manufacture with any control listed in S5.1 or in column 1 of Table I to meet the requirements of the standard for the location, identification and illumination of such control.; Neither section S5.1 nor column 1 of Table I list or include a singl control which operates the *two* functions noted above.; Since Standard No. 101 does not include any identification requirement applicable to that type of control, identification is at the discretion of the manufacturer. It is therefore permissible, under that standard, to identify that type of control with the symbol specified by the EEC.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam0571OpenMr. Gerald A. Schlegel, Transportation Manufactured Housing, P.O. Box 198, Mason, MI 48854; Mr. Gerald A. Schlegel Transportation Manufactured Housing P.O. Box 198 Mason MI 48854; Dear Mr. Schlegel: This is in reply to your letter of December 13, 1971, concerning you conversation with Michael Peskoe regarding 'the provisions of Section 566.5, Manufacturer Identification.' You ask two questions which concern that regulation, the Certification regulations, and regulations concerning 'Vehicles Manufactured in Two or More Stages' (49 CFR Parts 567, 568).; Your first question is whether, 'as a manufacturer of Modular Homes which are built in a factory and then transported on a low-bed type trailer to the job site, are we required to label our units the same as a mobile home?' The requirements for labeling are found in Parts 567 and 568, and are part of the requirement that manufacturers certify compliance with all motor vehicle safety standards applicable to the particular vehicle or item of motor vehicle equipment they manufacture. Modular homes are not motor vehicles under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 *et seq*.) and accordingly there are no requirements that they be certified or labeled.; Your second question is as follows: ' . . . we do manufacture some o these low-bed trailers, they are strictly for our own use in transporting our modular homes, and in this case are we required to submit this report and also label any trailers we would build in the future?' Trailers are motor vehicles under the National Traffic and Motor Vehicle Safety Act and are required to comply with applicable standards. They are also required to be certified by the manufacturer in accordance with the Certification regulations (Part 567), and as a manufacturer of trailers you are required to submit the information specified in Part 566.; A copy of the National Traffic and Motor Vehicle Safety Act, and Part 566, 567, and 568 are enclosed, as is a notice describing how to obtain a copy of the motor vehicle safety standards.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4062OpenMr. Robert C. Shaver, Mohawk Customs Service, Air Cargo Building, Hancock International Airport, North Syracuse, NY 13212; Mr. Robert C. Shaver Mohawk Customs Service Air Cargo Building Hancock International Airport North Syracuse NY 13212; Dear Mr. Shaver: This responds to your letter to this office, asking whether there wa some procedure whereby you could import new truck tires into this country, if those tires do not have the name of the manufacturer on the sidewall. You enclosed an invoice with a note written by a Customs Service officer stating that such tires do not conform with the requirements of our tire standards, because the 'tires bear no brand name.' Our tire standards do *not* require that new truck tires have the manufacturer's name or a brand name on the sidewall.; For your information, I have enclosed a copy of Standard No. 119, *Ne Pneumatic Tires for Vehicles Other Than Passenger Cars (49 CFR S571.119). This is the standard applicable to new truck tires. Section S6.5 of this standard lists all of the information that must appear on the sidewalls of all new tires subject to Standard No. 119. As you see, there is no requirement that either the manufacturer's name or a brand name appear on the sidewall of these tires. The tire is required to have a tire identification number which identifies the manufacturer.; It is possible that the Customs Service was confusing the requirement for truck tires with those for passenger car tires. New passenger car tires are subject to the requirements of Standard No. 109, *New Pneumatic Tires - Passenger Cars* (49 CFR S571.109, copy enclosed). Section S4.3.2 does require that new passenger car tires be 'labeled with the name of the manufacturer, or brand name and number assigned to the manufacturer.' However, the tires you are seeking to import are not subject to this requirement, because they are not passenger car tires.; I suggest that you show this letter to the appropriate officers of th Customs Service, and ask them to reconsider their determination that the tires you seek to import do not comply with Standard No. 119. If you have any further questions in this area, please feel free to contact Steve Kratzke of my staff at this address or by telephone at (202) 426-2992.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam4709OpenMr. Kent D. Smith 12249 S. 1565 E. Draper, UT 84020; Mr. Kent D. Smith 12249 S. 1565 E. Draper UT 84020; Dear Mr. Smith: This is in reply to your letter of January 26, l990, t the agency with respect to a safety lighting device. You have asked for our recommendations regarding this invention. The problem addressed by your invention is 'that vehicles need some way of signaling following drivers if the headlamps of their vehicles are blinding you.' Your solution is to install a button that activates the backup lamps and extinguishes them in a matter of a second or less. One alternative would be to operate only a single backup lamp, and another, to activate only the license plate lamp. This would provide a warning to the following driver. The agency is concerned with glare, but its investigation of the phenomenon indicates that there are two types: discomfort glare, and disabling glare. Although it is certainly an annoyance, the glare produced by a headlamp shining into a rear view mirror is discomfort glare. In our judgment, a vehicle driver looking into the mirror will not suffer disabling glare so that he is unable to discern vehicles approaching, or pedestrians in the roadway, most vehicles are equipped with manual 'day/night' mirrors which may be easily operated in the event of discomfort. Equipment manufacturers have already addressed the problem by providing rear-view mirrors that have a photoelectric cell that dips them when a certain level of light intensity is reached. In summary, the agency does not believe that there is a nationwide safety problem requiring it to mandate the use of your device on motor vehicles as new vehicle equipment. As an aftermarket item which a dealer could offer a new-car purchaser, its installation would be subject to the general prohibition in Federal Motor Vehicle Safety Standard No. 108 that supplemental lighting devices shall not impair the effectiveness of the lighting equipment that Standard No. 108 requires. The question to be answered, therefore, is whether the device would impair the effectiveness of the backup lamps, or other rear lighting devices. The problem here is the necessity of rear lighting devices to provide clear and unambiguous signals and messages to following drivers. Anytime a lighting device does not provide a cue to which a following driver is accustomed, the potential for confusion arises. The driving public is unfamiliar with the sudden, though temporary, activation of the backup lamp, at normal driving speeds, or a modification in intensity of the license plate lamp. Without a substantial nationwide public education campaign, the signal imparted by your device is not likely to be understood by a following driver, and might distract him from the signals of the other rear lighting devices. In this sense, we believe that your device might impair the effectiveness of the lighting equipment that Standard No. 108 does allow. You have also noted the State prohibitions against use of backup lamps when the car is going in a forward direction. Even if the agency concluded that the device was permissible and would not cause impairment, the States are not precluded from enacting and enforcing their own standards on the use of lighting systems. You may be interested to know that two letters to the Editor of The New York Times have appeared on this issue in the last month which suggest the use of existing lighting equipment to signal following drivers that their upper beams are on. I enclose these letters for your consideration. I am sorry that we cannot be more encouraging in our remarks, but we do appreciate your interest in motor vehicle safety. Sincerely yours, Stephen P. Wood Acting Chief Counsel Enclosure; |
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.