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: aiam2078OpenMr. Don W. Wieriman, Staff Engineer, Truck Trailer Manufacturers Association, 2430 Pennsylvania Avenue, N.W., Washington, DC 20037; Mr. Don W. Wieriman Staff Engineer Truck Trailer Manufacturers Association 2430 Pennsylvania Avenue N.W. Washington DC 20037; Dear Mr. Wieriman: This is in reply to your letter of August 26, 1975, to Dr. Gregor requesting our review of TTMA's revised Recommended Practice No. 9-75 - Lighting Devices for trailers and Container Chassis.; We note that the text, charts and drawings submitted with your lette of June 17, 1975, have been revised in accord with our recommendations of July 15, 1975. Your revised RP No. 9-75 does, therefore, accurately reflect the requirements of Federal Motor Vehicle Safety Standard No. 108.; Again, your efforts in promoting compliance with the requirements o Standard No. 108 are greatly appreciated.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4179OpenMr. W. K. Sherman, Manager, Inventors Research Foundation, P.O. Box 02588, Portland, OR 97202; Mr. W. K. Sherman Manager Inventors Research Foundation P.O. Box 02588 Portland OR 97202; Dear Mr. Sherman: This is in reply to your letter of June 30, 1986, with reference to th possible interest of this agency in an illuminated license plate holder which is lit when the ignition is turn on.; The agency does not 'approve' or promote proprietary items of lightin equipment. It does require illumination of the rear license plate in the manner set forth in SAE J587 October 81 (incorporated by reference in Federal Motor Vehicle Safety Standard No. 108 *Lamps, Reflective Devices, and Associated Equipment*) but there is no requirement for illumination of the front plate, however, consideration is being given to proposing the installation of a daytime running light on the front of vehicles, as Canada has recently done. Should the agency issue a formal proposal your client may wish to submit comments to the docket with reference to its device. Your client may also wish to examine current Federal rear lighting requirements to determine whether a vehicle equipped with its device would meet Standard No. 108. If so, it may wish to market the device as original or aftermarket equipment.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam4635OpenMs. Dixie Lee Christensen Q. C. Chemist Nippondenso Mfg. Inc., USA One Denso Road Battle Creek, MI 49015; Ms. Dixie Lee Christensen Q. C. Chemist Nippondenso Mfg. Inc. USA One Denso Road Battle Creek MI 49015; "Dear Ms. Christensen: This is in reply to your letter to the agenc asking if there are any Federal regulations concerning the type of data about your products that you should retain, and for what length of time. If there are no data retention requirements, you ask for recommended guidelines. Your company manufactures and supplies component parts to US and Japanese car makers. I regret the delay in responding to your letter. The Department of Transportation has no regulations of the nature you mention. However, as a manufacturer of motor vehicle equipment, your company comes under the jurisdiction of the National Traffic and Motor Vehicle Safety Act which this agency administers. In the absence of knowledge about the kind of equipment your company manufactures, our guidelines will necessarily be general. Your letter indicates that your company provides components for use as original equipment in motor vehicles. As a general rule, all items of motor vehicle equipment must be free of defects relating to motor vehicle safety. If a vehicle manufactured with your products is determined by its manufacturer to incorporate a safety related defect that is attributable to your component, the vehicle manufacturer must notify the agency and purchasers of the vehicles affected, and remedy the defect. Your company must also notify the agency, and, if the component has been used in the vehicles of more than one manufacturer, you must notify those manufacturers also. If you have manufactured these components as replacement equipment, then the notification and remedy responsibility falls squarely upon your company. The Act requires that the defect be remedied without charge for a period of 8 years after manufacture. This suggests that you should retain manufacturing, production, and sales records for at least 8 years. Some components must also comply with an applicable Federal motor vehicle safety standard, and be so certified by its manufacturer, whether it is used as original or replacement equipment. Notification and remedy is also required if a noncompliance is determined to exist, with remedy at no cost to a purchaser for the 8-year period. We do not know whether your products are directly covered by a Federal motor vehicle safety standard, and would be pleased to answer any further questions you may have. I have enclosed an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. For a fuller understanding of the responsibilities of equipment manufacturers, you should consult the regulations of this agency at Title 49 Code of Federal Regulations Part V (available from your local office of the U.S. Government Printing Office as 'Title 49 Code of Regulations Parts 400 to 999'). Sincerely, Stephen P. Wood Acting Chief Counsel Enclosure"; |
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ID: aiam4187OpenThomas A. Hacker, Technical Services Bureau, New York Department of Motor Vehicles, The Governor Nelson A. Rockefeller Empire State Plaza, Albany, NY 12228; Thomas A. Hacker Technical Services Bureau New York Department of Motor Vehicles The Governor Nelson A. Rockefeller Empire State Plaza Albany NY 12228; Dear Mr. Hacker: This is in response to your letter dated May 15, 1986, to Edward Glanc concerning the conversion of the speedometer/odometer from kilometers to miles per hour.; In 1972, Congress enacted Title IV of the Motor Vehicle Information an Cost Savings Act (the 'Act'), 15 U.S.C. SS 1981-1991, to establish certain safeguards for the protection of motor vehicle purchasers. Pursuant to the Act, the National Highway Traffic Safety Administration promulgated rules for the disclosure of odometer information, 49 C.F.R. Part 580. Neither the Act nor the regulations prohibit the use of an odometer which records in kilometers.; In replacing an odometer that registers kilometers with one tha registers miles, you should be aware of Federal Motor Vehicle Safety Standard (FMVSS) 101, 49 CFR S 571.101, which requires that if the odometer indicates kilometers, then 'KILOMETERS' or 'km' shall appear, otherwise no identification is required. Furthermore, FMVSS 101 requires that if the speedometer is graduated in miles per hour and in kilometers per hour, the identifying words or abbreviations shall be 'MPH and km/h' in any combination of upper and lower case letters.; The Act does prohibit an individual from disconnecting, resetting altering or causing to be disconnected, reset or altered the odometer 'with intent to change the number of miles indicated thereon' 15 U.S.C. S 1984. Moreover, it permits the service, repair and replacement of odometers, provided the mileage remains the same 15 U.S.C. S 1987. The National Highway Traffic Safety Administration interprets mileage to mean actual distance travelled regardless of whether that mileage is calculated in terms of miles or kilometers. While it is clear that this section was intended to accommodate repairs of odometers that are malfunctioning, I have determined that it may also be relied upon to lawfully replace odometers which register kilometers travelled with those that register miles travelled. You may, therefore, convert the odometer reading from kilometers to miles by multiplying the kilometer reading by .62.; Additionally, the Federal regulations provide for the inclusion of tw sets of certifications on the odometer disclosure statements which must be completed at the time the vehicle is transferred. Transferors who convert the odometers from kilometers to miles should check the first box of the first set which reads:; >>>I hereby certify that to the best of my knowledge the odomete reading as stated above reflects the actual mileage of the vehicle described below.<<<; Furthermore, these transferors should check the second box in th second set of certifications which reads:; >>>I hereby certify that the odometer was altered for repair o replacement purposes while in my possession, and that the mileage registered on the repaired or replacement odometer was identical to that before such service.<<<; I hope this opinion is helpful to you in your attempt to assist dealer in complying with the Federal odometer laws. If you have any further questions, do not hesitate to contact me.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam1404OpenMr. Rett F. Donnelly, Patrick, Anderson and McDonald, Suite 2310, American National Bank Building, South Bend, IN 46601; Mr. Rett F. Donnelly Patrick Anderson and McDonald Suite 2310 American National Bank Building South Bend IN 46601; Dear Mr. Donnelly: This is in response to your letter of January 30, 1974, requestin information concerning odometer disclosure requirements.; The Federal odometer disclosure regulation requires each transferor o a motor vehicle to furnish to the transferee a written statement signed by the transferor containing the odometer reading at the time of transfer. If the transferor knows the registered mileage to be incorrect, he must include a statement in the disclosure document that the mileage is unknown.; In order for a transferor of a motor vehicle to be subject to th sanctions of the Motor Vehicle Information and Cost Savings Act, the mileage must be incorrectly disclosed with the transferor's knowledge of the inaccuracy.; As you requested, I am enclosing the relevant portions of the Act an the regulation. You also might be interested in the enclosed consumer affairs fact sheet. Responding to your request concerning information that has been provided to the auto industry in general, the National Automobile Dealers Association has been involved in an active campaign to make the auto industry familiar with the Federal odometer requirements. They may be able to provide you with the information you desire.; We would be pleased to answer any further inquiries you may have. Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam2068OpenMr. Tokio Iinuma, 560 Sylvan Avenue, P. O. Box 1606, Englewood Cliffs, NJ 07632; Mr. Tokio Iinuma 560 Sylvan Avenue P. O. Box 1606 Englewood Cliffs NJ 07632; Dear Mr. Iinuma: This is in response to your letter of August 27, 1975, requesting a interpretation of Standard No. 219 with respect to certain of your test results.; The primary purpose of Standard No. 219 is to protect vehicle occupant from impact with vehicle parts that have penetrated into the passenger compartment through the windshield during a crash. The inner surface of the windshield is the area of interface between the windshield and the passenger compartment. Therefore, the standard is designed to ensure that nothing penetrates into the passenger compartment by precluding penetration of the inner surface of the windshield below the protected zone in a crash test.; In Case 1, although the windshield below the protected zone wa cracked, nothing penetrated the inner surface of the windshield. therefore, it would appear that the windshield is in compliance with S5 of Standard No. 219.; Similarly, in case 2, it appears that the object did not penetrate th inner surface of the windshield, although the windshield was deformed. Therefore, it would appear that the vehicle is also in compliance.; We hope this information is of assistance. Please contact us if yo have any further questions.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam2522OpenMr. Arthur Wolinsky, President, Treon Mfg. Corp., 8000 Cooper Avenue, Glendale, NY, 11227; Mr. Arthur Wolinsky President Treon Mfg. Corp. 8000 Cooper Avenue Glendale NY 11227; Dear Mr. Wolinsky: This responds to your February 4, 1977, question whether Standard No 302, *Flammability of Interior Materials*, applies to materials supplied to the aftermarket for use in vans.; Standard No. 302 does not directly apply to aftermarket materials o components. As a vehicle standard it applies only to those original components or materials of new vehicles specified in paragraph S4.1 of the standard and installed in a vehicle prior to its first sale for purposes other than resale (15 U.S.C. S1397(b)(1)). Therefore, materials that you supply to the final vehicle purchaser are not subject to the requirements of the standard.; I would also note that, with regard to the installation of interio materials in motor vehicles after the first sale for purposes other than resale, no manufacturer, distributor, dealer, or repair business may knowingly render inoperative a device or element of design (such as flame retardant materials) installed in compliance with an applicable motor vehicle safety standard (15 U.S.C. S1397(a)(2)(A)). Therefore, although the materials you produce may not always be required to meet the requirements of the standard when sold in the aftermarket, there may be situations in which the materials could not be legally installed by a manufacturer, distributor, dealer, or repair business unless they were in compliance with the standard.; Sincerely, Frank A. Berndt, Acting Chief Counsel |
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ID: aiam2271OpenMr. Roger E. Stange, President, Norton Triumph Corporation, P.O. Box 275, Duarte, California 91010; Mr. Roger E. Stange President Norton Triumph Corporation P.O. Box 275 Duarte California 91010; Dear Mr. Stange: This is in reply to your letter of April 1, 1976, which requests a interpretation of Motor Vehicle Safety Standard No. 123 as it applies to a motor-driven cycle that your company intends to import.; "The speedometer on this machine displays both minor numerals and mino graduations at 5 mph intervals. Paragraph S5.2.3 and Column 3 of Table 3 of Standard No. 123 require that, if a motorcycle is equipped with a speedometer, 'Major graduations and numerals shall appear at 10 mph intervals, minor graduations at 5 mph intervals.' S5.2.3 also states that the abbreviations used in Column 2 and 3 are j minimum requirements and 'appropriate word may be spelled in full.' It is your interpretation that 'if the abbreviations used in Column 3 are minimum requirements ... the speedometer in question meets the minimum requirements and is therefore in conformity with the standard.'"; The 'abbreviations' only refer to words and not to numerals o graduations. However, since there is no specific prohibition against providing minor numerals at the minor graduations, we have concluded that Standard No. 123 allows a motorcycle manufacturer to furnish a speedometer with them if he so chooses.; Yours truly, Stephen P. wood, Assistant Chief Counsel |
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ID: aiam5342OpenJudith Jurin Semo, Esq. Squire, Sanders & Dempsey 1201 Pennsylvania Ave., N.W. Washington, D.C. 20044-0407; Judith Jurin Semo Esq. Squire Sanders & Dempsey 1201 Pennsylvania Ave. N.W. Washington D.C. 20044-0407; "Dear Ms. Semo: This responds to your request for NHTSA's determinatio that certain former East German military trucks, ZIL model 131, are not motor vehicles, and exempt from the Federal Motor Vehicle Safety Standards (FMVSS). We are unable to make such a determination. As explained below, a ZIL model 131 truck imported into the United States is considered a 'motor vehicle' for purposes of the National Traffic and Motor Vehicle Safety Act (Safety Act)(15 U.S.C. 1391 et seq.), and is subject to the FMVSS. Your letter explained that a client plans to import over 500 ZIL model 131 trucks into the U.S. Apparently, your client plans to modify the trucks in the U.S. to use for nonmilitary purposes. Your client intends to send most of the modified trucks to buyers in other countries, but plans to sell some of the trucks in the U.S. Your letter states: '... S ome ZIL vehicles may be modified to meet DOT/NHTSA and EPA standards in order to satisfy those buyers who require vehicles conforming to those standards.' Under the Safety Act, any 'motor vehicle,' whether new or used, that is imported into the United States for sale in this country must be brought into conformity with all FMVSS that applied at the time of its manufacture. The question that must be answered is whether the ZIL 131 trucks, at the time of importation, would be considered 'motor vehicles.' 'Motor vehicle' is defined at section 102(3) of the Safety Act (15 U.S.C. 1391(3)) as: A ny vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails. NHTSA has interpreted this language as follows. Vehicles that are equipped with tracks or are otherwise incapable of highway travel are not motor vehicles. Further, vehicles designed and sold only for off-road use (such as airport runway vehicles and underground mining devices) are not considered motor vehicles, even though they may be operationally capable of highway travel. Vehicles that have an abnormal body configuration that readily distinguishes them from other highway vehicles and a maximum speed of 20 miles per hour (mph) are not considered motor vehicles, because their use of the public roads is intermittent and incidental to their primary intended off-road use. On the other hand, vehicles that use the public highways on a necessary and recurring basis are motor vehicles. For instance, a utility vehicle like the Jeep is plainly a motor vehicle, even though it is equipped with special features to permit off-road operation. If a vehicle's greatest use will be off-road, but it will spend a substantial amount of time on-road, NHTSA has interpreted the vehicle to be a 'motor vehicle.' Further, the agency has determined that a vehicle such as a dune buggy is a motor vehicle if it is readily usable on the public roads and is in fact used on the public roads by a substantial number of owners, regardless of the manufacturer's stated intent regarding the terrain on which the vehicle is to be operated. Applying the above criteria, and based on the information in your letter, the ZIL model 131 trucks are motor vehicles. You state that potential U.S. buyers would require vehicles that meet the FMVSS. This suggests that U.S. vehicle owners intend to use the ZIL model 131 trucks as they would other motor vehicles, on the public roads. Judging from your photographs, the trucks do not have abnormal body configurations that distinguish them from other vehicles on the road. You stated that the trucks have a top speed of almost 50 miles per hour, a speed suitable for public roads. These facts suggest that the ZIL model 131 truck is designed and intended to be routinely used on the public roads, and should be classified as a motor vehicle. Assuming your client is still interested in importing the ZIL 131 trucks for resale in the U.S., the Imported Vehicle Safety Compliance Act requires that the agency determine that the vehicles are capable of conversion to meet the FMVSS, and that the trucks be imported by a 'registered importer.' The agency makes determinations upon the basis of a petition by the manufacturer or registered importer (or upon its own volition). A 'registered importer' is one whom NHTSA has recognized as capable of converting vehicles to meet the FMVSS. If you would like further details on eligibility determinations and import procedures, please let us know and we shall be pleased to provide them. The Safety Act also addresses trucks your client wishes to import into the U.S. for modification for export. Under section 108(b)(3) of the Safety Act, the FMVSSs do not apply to vehicles intended solely for export. Thus, trucks brought into the U.S. for modification for export are not subject to the FMVSSs. Under 49 CFR 591.5, the importer would file a declaration under 591.5(c), that the vehicle does not comply with all applicable Federal motor vehicle safety, bumper, and theft prevention standards, but is intended solely for export. I hope that this information is helpful. If you have any questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam2684OpenHonorable Stephen L. Neal, House of Representatives, Washington, DC 20515; Honorable Stephen L. Neal House of Representatives Washington DC 20515; Dear Mr. Neal: I have been asked to respond to your October 19, 1977, letter to th Department of Transportation in behalf of a constituent who asks whether the operator of a vehicle manufactured to comply with Standard No. 121, *Air Brake Systems*, may legally disconnect portions of the brake system.; 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 systems by manufacturers, distributors, dealers, or repair businesses. A person that does not fall into these categories is not prohibited from disconnection of a safety system. However, the NHTSA urges that no one disconnect safety systems without consulting the vehicle manufacturer with regard to the safest configuration of the vehicle.; Sincerely, Joseph J. Levin, Jr., 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.