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: aiam5468OpenMr. Michael Love Manager, Compliance Porsche Cars North America, Inc. P.O. Box 30911 Reno, Nevada 89520-3911; Mr. Michael Love Manager Compliance Porsche Cars North America Inc. P.O. Box 30911 Reno Nevada 89520-3911; Dear Mr. Love: We have received your letter of November 29, 1994 asking for an interpretation of 49 CFR Part 591. Specifically, Porsche wishes to import vehicles for the Canadian market through the Port of Charleston, where certain processing activities will be performed on the cars before they are exported to Canada. The temporary importation of Canadian-market cars would be through 591.5(c) which allows importation 'solely for export', provided that the vehicle is so labeled. You have asked for our concurrence in your interpretation of 591.5(c). We agree that Porsche may import and export Canadian-market cars under this section of the importation regulation. You foresee a situation in which 'a Canadian vehicle with a unique combination of options might be sought by a U.S. customer'. Porsche would like to be able to convert the vehicle to comply with the U.S. Federal motor vehicle safety standards after importation and before it leaves Porsche's control. Porsche would also like to be able to re-import from Canada into the U.S. vehicles that would be converted to U.S. specifications. You have asked for confirmation that these operations would also be permissible under 591.5(c). Importation of noncomplying motor vehicles into the United States and their subsequent conversion to the U.S. Federal motor vehicle safety standards must be accomplished through the mechanisms established by Congress in the Imported Vehicle Safety Compliance Act of 1988 (now 49 U.S.C. 30141 et seq.). First, NHTSA must have decided that the vehicle is eligible for importation pursuant to 49 CFR Part 593. Second, a vehicle intended for sale must be imported under bond by one who has been designated a Registered Importer under 49 CFR Part 592, who will undertake to bring the vehicle into compliance and to submit appropriate proof of this to NHTSA. Porsche may become a Registered Importer by filing an application under Part 592. If a vehicle intended for the Canadian market has been temporarily imported under 591.5(c), and Porsche then wishes to convert it to U.S. specifications rather than export it to Canada, you should telephone Clive Van Orden, Office of Vehicle Safety Compliance (202-366-2830), to apprise him of the situation. We see no problem in this as long as NHTSA has decided that the vehicle is eligible for importation and Porsche provides a compliance package, in accordance with the requirements of Parts 592 and 593. Sincerely, Philip R. Recht Chief Counsel; |
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ID: aiam5467OpenMr. Michael Love Manager, Compliance Porsche Cars North America, Inc. P.O. Box 30911 Reno, Nevada 89520-3911; Mr. Michael Love Manager Compliance Porsche Cars North America Inc. P.O. Box 30911 Reno Nevada 89520-3911; Dear Mr. Love: We have received your letter of November 29, 1994 asking for an interpretation of 49 CFR Part 591. Specifically, Porsche wishes to import vehicles for the Canadian market through the Port of Charleston, where certain processing activities will be performed on the cars before they are exported to Canada. The temporary importation of Canadian-market cars would be through 591.5(c) which allows importation 'solely for export', provided that the vehicle is so labeled. You have asked for our concurrence in your interpretation of 591.5(c). We agree that Porsche may import and export Canadian-market cars under this section of the importation regulation. You foresee a situation in which 'a Canadian vehicle with a unique combination of options might be sought by a U.S. customer'. Porsche would like to be able to convert the vehicle to comply with the U.S. Federal motor vehicle safety standards after importation and before it leaves Porsche's control. Porsche would also like to be able to re-import from Canada into the U.S. vehicles that would be converted to U.S. specifications. You have asked for confirmation that these operations would also be permissible under 591.5(c). Importation of noncomplying motor vehicles into the United States and their subsequent conversion to the U.S. Federal motor vehicle safety standards must be accomplished through the mechanisms established by Congress in the Imported Vehicle Safety Compliance Act of 1988 (now 49 U.S.C. 30141 et seq.). First, NHTSA must have decided that the vehicle is eligible for importation pursuant to 49 CFR Part 593. Second, a vehicle intended for sale must be imported under bond by one who has been designated a Registered Importer under 49 CFR Part 592, who will undertake to bring the vehicle into compliance and to submit appropriate proof of this to NHTSA. Porsche may become a Registered Importer by filing an application under Part 592. If a vehicle intended for the Canadian market has been temporarily imported under 591.5(c), and Porsche then wishes to convert it to U.S. specifications rather than export it to Canada, you should telephone Clive Van Orden, Office of Vehicle Safety Compliance (202-366-2830), to apprise him of the situation. We see no problem in this as long as NHTSA has decided that the vehicle is eligible for importation and Porsche provides a compliance package, in accordance with the requirements of Parts 592 and 593. Sincerely, Philip R. Recht Chief Counsel; |
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ID: aiam5230OpenMr. Reuven Koter Director Baran Advanced Technologies Ltd. P.O. Box 3153 Beer Sheva 84131 Israel; Mr. Reuven Koter Director Baran Advanced Technologies Ltd. P.O. Box 3153 Beer Sheva 84131 Israel; "Dear Mr. Koter: We are replying to your FAX of July 21, 1993, to Mr Van Iderstine of this agency, and are enclosing a copy of SAE J590b as you requested. You have asked us to identify the U.S. regulations pertaining to turn signal and hazard warning signal lights including tell-tales. The applicable regulation is Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. Standard No. 108 incorporates by reference many SAE materials, including those regarding flashers. In addition to SAE J590b (turn signal flasher, with the exceptions noted in S5.1.1.19 and S5.1.1.20 of Standard No. 108) Standard No. 108 incorporates SAE J589 (turn signal operating unit, with the exception noted in S5.1.1.13), SAE J588 (turn signal lamps for vehicles less than 2032 mm in overall width and J1395 for wider vehicles), J910 (vehicular hazard warning signal operating unit) and J945 (vehicular hazard warning signal flasher). The turn signal pilot indicator specifications are at paragraph 5.4.3 in SAE J588 and J1395. NHTSA is not contemplating rulemaking concerning any of these requirements. We understand from Mr. Van Iderstine that you are contemplating manufacturing a device that senses the sudden release of the accelerator pedal and activates the hazard warning lamp system. Under Standard No. 108, this device is permissible as original vehicle equipment (i.e. installed at the factory, or by the dealer before sale) if it does not impair the effectiveness of any of the lighting equipment that is required by Standard No. 108. We assume that the device would be automatically deactivated when the brake pedal is applied and that manual deactivation is not required. We further assume that the device is not activated under normal stopping conditions. Finally, we assume that manual activation of the turn signals will override the device should it be operating at the time the turn signal control is activated. Under these assumptions, we do not believe that the device would impair the effectiveness of the stop, tail, and turn signal lamps required by Standard No. 108. However, the judgment of impairment is one made by the person installing the device who must certify (or ensure that the certification remains valid) that the vehicle incorporating the device complies with all applicable Federal motor vehicle safety standards. Unless that judgment is clearly erroneous, NHTSA will not question it. Mr. Van Iderstine advises that no further details are currently available on ECE agenda item 'Regulation No. 48.' Sincerely, John Womack Acting Chief Counsel Enclosure"; |
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ID: aiam1817OpenMr. Roger E. Stange, President, Norton Triumph Corporation, P. O. Box 275, Duarte, CA 91010; Mr. Roger E. Stange President Norton Triumph Corporation P. O. Box 275 Duarte CA 91010; Dear Mr. Stange: This is in acknowledgment of your Defect Information Report, i accordance with the defect reporting regulations, Part 573.; The Defect Information Report involves: 1,471 Norton Commando 850c motorcycles which may experience failure of a rear suspension unit.; The following National Highway Traffic Safety Administratio identification number has been assigned to the campaign *75-0040*. The first quarterly status report for this campaign is required to be submitted by May 5, 1975. Please refer to the above number in all future correspondence concerning this campaign.; The letter which you propose mailing to owners of the subject vehicle does not meet the requirements of the Motor Vehicle and Schoolbus Safety Amendments of 1974. The sections of this law dealing with defect notifications became effective December 26, 1974. Specifically, the statement made in the fourth paragraph, that at moderate speeds or in straight line operation 'there is no safety problem', is a disclaimer and is prohibited by 49 CFR S 577.6 (copy enclosed). The phrase 'there is no safety problem' must therefore be deleted from the notification. A statement that the motorcycle continues to be rideable (sic) at moderate speeds or in straight line operation is permissible as long as this is accurate.; Since remedy without charge is contingent upon actual dates, you letter should further designate a specific date as the earliest date on which the defect will be remedied without charge, as required by section 153(a)(5). The letter must also include information responsive to section 153(a)(6). This can be done by informing owners that they may write to the Administrator, National Highway Traffic Safety Administration, Washington, D.C. 20590 if they are unable to obtain remedy without charge.; The notifications should be mailed by first class mail as specified b section 153(c)(1), and not by certified mail as you have indicated is your intention.; A copy of the 1974 amendment is enclosed. If you desire furthe information, please contact Messrs. W. J. Reinhart or James Murray of this office at (202) 426-2840.; Sincerely, Andrew G. Detrick, Director, Office of Defect Investigation, Motor Vehicle Programs; |
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ID: aiam2212OpenMr. Tommy Watson, Engineer of Codes and Standards, Leisure Time Products, Inc., P.O. Box 232, Nappanee, Indiana 46550; Mr. Tommy Watson Engineer of Codes and Standards Leisure Time Products Inc. P.O. Box 232 Nappanee Indiana 46550; Dear Mr. Watson: This is in response to your letter of January 29, 1976, requesting a interpretation of the requirements of S.6 of Federal Motor Vehicle Safety Standard No. 111 , *Rearview Mirrors*, as they apply to the manufacture of mobile homes with a GVWR of greater than 10,000 pounds.; The standard requires that these vehicles be equipped with outsid mirrors of unit magnification, *each with not less than 50 square inches of reflective surface*, on both sides of the vehicle. While you are free to provide additional mirrors, the standard clearly requires two mirrors each of which has at least 50 square inches of reflective surface. Substitution of a number of small mirrors for one or both of the 50 square inch mirrors is impermissible, even if a total reflective area of 50 square inches is provided.; If you require any further assistance, do not hesitate to write. Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4586OpenMr. M.J. Yoon Director In-One Development Corp. 2nd Floor, Gukdong Building 3-Ga Chungmoo-Ro Jung-Gu Seoul, Korea; Mr. M.J. Yoon Director In-One Development Corp. 2nd Floor Gukdong Building 3-Ga Chungmoo-Ro Jung-Gu Seoul Korea; "Dear Mr. Yoon: This responds to your letter to Mr. Kratzke, askin whether a vehicle you are developing for a client would be classified as a passenger car or a multipurpose passenger vehicle for the purposes of the Federal motor vehicle safety standards. I am pleased to be able to explain our law and regulations for you. I regret the delay in responding. At the outset, I would like to make clear that the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) places the responsibility for classifying a particular vehicle in the first instance on the vehicle's manufacturer. For this reason, NHTSA does not approve or endorse any vehicle classifications before the manufacturer itself has classified a particular vehicle. NHTSA may reexamine the manufacturer's classification during the course of any enforcement actions. We will, however, tentatively state how we believe we would classify this vehicle for the purposes of our safety standards. It is important that you understand that these tentative statements of classification are based entirely on our understanding of the information presented in your letter to us. These tentative statements about the vehicle's classification may change after NHTSA has had an opportunity to examine the vehicle itself or otherwise acquire additional information about the vehicle. With those caveats, we believe that the vehicle referenced in your letter could be classified as a multipurpose passenger vehicle for the purposes of our safety standards. The term 'multipurpose passenger vehicle' is defined in 49 CFR /571.3 as 'a motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.' In your letter, you describe the vehicle as having 4-wheel drive. Additionally, the approach and departure angles and the running clearance dimensions for this vehicle show that it has high ground clearance. The combination of 4-wheel drive and high ground clearance would be considered 'special features for occasional off-road operation.' Hence, it appears to us that this vehicle could be classified as a multipurpose passenger vehicle. You also asked for a copy of the criteria for classifying vehicles for purposes of the safety standards. All of our classification definitions are set forth in 49 CFR /571.3. The information sheet I have enclosed explains how to obtain a copy of this and all of our other regulations, and provides other information relevant to new motor vehicle manufacturers. I have also enclosed a copy of our proposal for a new vehicle classification system for the safety standards. I hope this information is helpful. Please let me know if you have any further questions or need additional information. Sincerely, Erika Z. Jones Chief Counsel Enclosures /"; |
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ID: aiam3770OpenMr. Eddie Wayne, 4306 Emmit Drive, Erie, PA 16511; Mr. Eddie Wayne 4306 Emmit Drive Erie PA 16511; Dear Mr. Wayne: Thank you for your recent note asking if motorcycle headlamps could no be required to have a blue or green lens across the top portion, so that cycles could be distinguished from a four-wheeled motor vehicle with only one headlamp.; This is an interesting suggestion. However, we would not wish to impos a requirement that would interfere with the effectiveness of the single headlamp with which most motorcycles are equipped. The other side of the coin is marking the four- wheeled vehicle so that it is distinguishable from a motorcycle when one of its headlamps is out. We currently require passenger cars, light trucks, and others, to have amber or white parking lamps and amber front side marker lamps that are illuminated when the headlamps are on. While these lights may not be as readily visible from greater distances as a headlamp, nevertheless their presence on a vehicle does help to distinguish that vehicle from a motorcycle at night, when a headlamp is missing.; Thank you for your interest in safety. Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1632OpenMr. Zenjiro Hase,Toyoda Gosei Co., Ltd.,9, 1-chome, Nishiyabushitacho,Nishiku, Nagoya, Japan; Mr. Zenjiro Hase Toyoda Gosei Co. Ltd. 9 1-chome Nishiyabushitacho Nishiku Nagoya Japan; Dear Mr. Hase:#I would like to clarify our letter to you of August 21 1974, concerning the use of bands on brake hose assemblies before and after March 1, 1975. I have enclosed copies of your to us and our response.#When our letter stated that we agreed with your interpretation, we did not intend to say that it is permissible to place the label band on brake hose assemblies prior to March 1, 1975. The use of the DOT symbol on these assemblies would constitute a false and misleading certification in violation of S108(a) (3) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. S1397(a) (3)). This is because the DOT label would suggest compliance with regulations which are not yet effective.#In the event that our August 21, 1974, letter caused your company to manufacture any assemblies with bands, please contact me as soon as possible.#Yours truly,Richard B. Dyson,Acting Chief Counsel; |
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ID: aiam4225OpenThe Honorable Douglas Applegate, U.S. House of Representatives, Washington, DC 20515; The Honorable Douglas Applegate U.S. House of Representatives Washington DC 20515; Dear Mr. Applegate: Thank you for your letter enclosing correspondence from you constituent, Mr. Thomas Ash of East Liverpool, who asked about our school bus definition. I appreciate this opportunity to respond to your concerns.; Mr. Ash explained in his letter to you that Ohio considers vehicle carrying 10 or more student passengers as school buses. He stated that because a vehicle carrying 9 or fewer passengers is not a 'school bus' under state law, it may be operated by staff members and advisors who do not have the special qualifications required by the state for school bus drivers. Since the East Liverpool Board of Education would like to use 15-passenger vans operated by those staff members and advisors to carry school children to school related events, it is interested in changing Ohio's definition of a school bus to exclude such vans. Because the state definition of a school bus adopts the Federal definition of that term, Mr. Ash asks us to explain the reasons for our school bus definition.; The definition is governed by legislation enacted by Congress. I accordance with Congress's mandate in the Motor Vehicle and Schoolbus Safety Admendment (sic) of 1974, NHTSA has issued safety standards for all new school buses. In the Act, Congress mandated that the safety standards apply to all school buses that are designed to carry more than 10 passengers to ensure that all vehicles likely to be significantly used for student transportation would be subject to comprehensive safety standards.; The East Liverpool City Schools can purchase new 15-passenger vans conforming to our standards, for use in transporting its pupils to school-related events. however, under the Act and our safety standards, a dealer selling a new 15-passenger van to a school district for the purpose of carrying children to and from school or on school-related trips, must ensure that the vehicle conforms to all of our school bus safety standards.; Our schoolbus safety standards apply only to the manufacture and sal of new schoolbuses and do not regulate issues of vehicle operation such as driver training or qualifications. The authority to govern the operation of vehicles rests with the State. NHTSA has issued guidelines to the States to assist them in setting up their own highway safety programs. Ohio's decision to require all drivers of school buses to have special training or a special license is consistent with the recommendations we have issued on pupil transportation safety. Those recommendations are found in Highway Safety Program Standard No. 17, a copy of which is enclosed for your information. I want to emphasize that the States are not required to follow our guidelines and can modify them to meet their pupil transportation needs.; Sincerely, Diane K. Steed |
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ID: aiam5345OpenMr. Gary Klingaman Engineer Inter Pipe, Inc. 3807 W. Adams Phoenix, AZ 85009-4764; Mr. Gary Klingaman Engineer Inter Pipe Inc. 3807 W. Adams Phoenix AZ 85009-4764; "Dear Mr. Klingaman: This responds to your March 16, 1994, lette inquiring about the applicability of National Highway Traffic Safety Administration (NHTSA) regulations to the alteration of used motor vehicles. You stated that your company manufactures water trucks and lube/fuel service trucks by adding water tanks and various other apparatus to incomplete vehicles. Your question is whether you are required to add a certification label (as required in 49 C.F.R. 571.115) even if you use a 'pre-owned' (I assume you mean 'used') truck chassis. Some background information on Federal motor vehicle safety laws and regulations may be helpful. As you are aware, our agency is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA however does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. Whether Inter Pipe, Inc. would have to apply a certification label depends upon whether the vehicles your company modifies are new (that is, the vehicles have not yet been sold to the first retail purchaser) or used (vehicles that have already been sold to and used by the first retail purchaser). With respect to your company's modifications of new vehicles, your company would be a 'final stage manufacturer' for the purposes of NHTSA's laws and regulations. 49 C.F.R. 568.6 requires a final stage manufacturer of a new vehicle to affix a certification label in accordance with 49 C.F.R. 567.5. The requirements of 49 C.F.R. Parts 567-568 do not apply if you modify used vehicles. Hence, your company is not required to affix a manufacturer's label to those used vehicles you convert into water trucks or fuel/lube trucks. However, 108(a)(2)(A) of the Safety Act provides that no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly 'render inoperative,' in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. Therefore, you must be careful when adding your equipment not to degrade the truck's ability to meet the safety standards. For your information, I have enclosed a general information sheet for manufacturers that gives a thumbnail sketch of the relevant NHTSA regulations and explains how to get copies of those regulations. I hope this information is helpful. If you have any further questions or need some additional information on this subject, feel free to contact our office at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures"; |
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.