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: aiam5553OpenMr. Stuart Sacks Tradepro, Inc. 7350 N.W. 35th Street Miami, FL 33122; Mr. Stuart Sacks Tradepro Inc. 7350 N.W. 35th Street Miami FL 33122; "Dear Mr. Sacks: This responds to your letter to Mr. Philip Recht, ou former Chief Counsel, in which you stated that you are considering importing tires from the Hangzhou General Rubber Factory, which has been assigned NHTSA manufacturer identification number 7D. You stated that the tires do not display the 'molded D.O.T. code numbers,' and that Federal motor vehicle safety standard (FMVSS) No. 119, New pneumatic tires for motor vehicles other than passenger cars (49 CFR 571.119), 'clearly does not require DOT code numbers for non-passenger tires.' Your reading of FMVSS No. 119 is not correct. I assume from your letter that you are considering importing only non-passenger car tires. This letter, then, will address only the labeling requirements for non-passenger car tires under FMVSS No. 119 and 49 CFR 574. I further assume that by 'DOT code numbers' you mean the tire identification number (TIN) required by 49 CFR 574.5. 49 U.S. Code 30112 provides that no person may sell in or import into the United States any new motor vehicle or new item of motor vehicle equipment that does not comply with all applicable FMVSSs. With respect to non-passenger car tires, which are items of motor vehicle equipment, section S6.5 of FMVSS No. 119 requires specific items of information to be marked on the tire sidewalls. Those markings must be no less than 0.078 inch high and must be 'raised above or sunk below the tire surface' a specified distance. Among other things, the markings must include the TIN (S6.5(b)). Paragraph S6.5(b) of FMVSS No. 119 requires the TIN to comply with part 574. Part 574.5 requires that the TIN be permanently molded into or onto tire sidewalls as specified in Figure 1 of Part 574, and specifies what information the TIN must contain. The TIN can be branded into or onto the sidewalls of retreaded tires after the fact, but not new tires. On new tires, the TIN must be molded into or onto the tire sidewalls by the original manufacturer. I hope this information is helpful to you. Should you have any further questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam5552OpenMr. Stuart Sacks Tradepro, Inc. 7350 N.W. 35th Street Miami, FL 33122; Mr. Stuart Sacks Tradepro Inc. 7350 N.W. 35th Street Miami FL 33122; "Dear Mr. Sacks: This responds to your letter to Mr. Philip Recht, ou former Chief Counsel, in which you stated that you are considering importing tires from the Hangzhou General Rubber Factory, which has been assigned NHTSA manufacturer identification number 7D. You stated that the tires do not display the 'molded D.O.T. code numbers,' and that Federal motor vehicle safety standard (FMVSS) No. 119, New pneumatic tires for motor vehicles other than passenger cars (49 CFR 571.119), 'clearly does not require DOT code numbers for non-passenger tires.' Your reading of FMVSS No. 119 is not correct. I assume from your letter that you are considering importing only non-passenger car tires. This letter, then, will address only the labeling requirements for non-passenger car tires under FMVSS No. 119 and 49 CFR 574. I further assume that by 'DOT code numbers' you mean the tire identification number (TIN) required by 49 CFR 574.5. 49 U.S. Code 30112 provides that no person may sell in or import into the United States any new motor vehicle or new item of motor vehicle equipment that does not comply with all applicable FMVSSs. With respect to non-passenger car tires, which are items of motor vehicle equipment, section S6.5 of FMVSS No. 119 requires specific items of information to be marked on the tire sidewalls. Those markings must be no less than 0.078 inch high and must be 'raised above or sunk below the tire surface' a specified distance. Among other things, the markings must include the TIN (S6.5(b)). Paragraph S6.5(b) of FMVSS No. 119 requires the TIN to comply with part 574. Part 574.5 requires that the TIN be permanently molded into or onto tire sidewalls as specified in Figure 1 of Part 574, and specifies what information the TIN must contain. The TIN can be branded into or onto the sidewalls of retreaded tires after the fact, but not new tires. On new tires, the TIN must be molded into or onto the tire sidewalls by the original manufacturer. I hope this information is helpful to you. Should you have any further questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam0917OpenMr. Paul M. Fish, Cotter, Atkinson, Campbell & Kelsey, Bank of New Mexico Building, Post Office Drawer 1126, Albuquerque, NM 87103; Mr. Paul M. Fish Cotter Atkinson Campbell & Kelsey Bank of New Mexico Building Post Office Drawer 1126 Albuquerque NM 87103; Dear Mr. Fish: Thank you for your letter of October 27, 1972, inquiring abou information on fuel tanks.; The location of fuel tanks in passenger cars is at the option of th vehicle manufacturer, since there are no Federal motor vehicle safety standards (FMVSS) concerned with tank location. The FMVSS are essentially performance oriented, and the manufacturer has the freedom for innovation and use of his own expertise in selecting the means for compliance to a specified safety performance requirement. FMVSS No. 301, which has been in effect since January 1, 1968, specifies certain fuel containment requirements as the result of a front-end impact at 30 miles per hour into a fixed barrier. Proposed amendments for FMVSS No. 301 have been issued specifying performance requirements for rear-end impacts, but the final rule has not yet been issued. The effective date for this amendment, when issued, has now been indicated as September 1, 1976. Copies of FMVSS No. 301 and the Notice of Proposed Rule Making are enclosed for your interest. A copy of Public Law 89-563 is also enclosed with a booklet briefly describing the current standards.; A number of research studies have been completed on fuel systems, an some statistical data is provided in these reports which may be of some interest. These reports are available form the National Technical Information Service, U.S. Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22151, at a price of three dollars per volume. The NTIS code number must be identified when ordering. >>>1. An Assessment of Automotive Fuel System Hazards, Dynamic Science Final Report on Contract No. FH-11-7579, December 1971, NTIS Codes PB-208240 and PB-208241 (2 volumes); 2. Impact Intrusion Characteristics of Fuel Systems, Contract No FH-11- 7309 (Cornell Aeronautical Laboratory, Inc.) April 1970, NTIS Code PB-195347; 3. Fuel Tank Protection: Fairchild-Hiller, Contract No. FH-11-6919 June 1969, NTIS Code PB-191148 (1 volume); 4. Investigation of Motor Vehicle Performance Standards for Fuel Tan Protection: Fairchild-Hiller, Contract No. FH-11- 6608, September 1967, NTIS Code PB-177690 (1 volume).<<<; The correspondence containing comments from manufacturers and othe interested parties, together with other documentation concerning the rule making action to amend FMVSS No. 301, Fuel System Integrity, is contained in the public record. Docket No. 70-20 identifies this rule making action, and this file is available for examination in the National Highway Traffic Safety Administration Office of the Chief Counsel, 400 Seventh Street, S.W., Room 5221, Washington, D.C. 20590.; We trust this information will provide some of the data you ar seeking.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs; |
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ID: aiam4844OpenMr. Leonard M. Anderson Vice President, Engineering Miller Trailers, Inc. P. O. Box 511 Bradenton, Florida 34206; Mr. Leonard M. Anderson Vice President Engineering Miller Trailers Inc. P. O. Box 511 Bradenton Florida 34206; "Dear Mr. Anderson: This responds to your request for an interpretatio of 49 CFR Part 565, Vehicle Identification Number - Content Requirements. More specifically, you asked whether a world manufacturer identifier (WMI) that was assigned to one manufacturer may continue to be used by a different manufacturer when it purchases the assets of the manufacturer to which the WMI was assigned. As explained below, the answer to your question is no. Your letter set forth the following information. Miller Trailer, Inc. (Miller) is a trailer manufacturer that has been assigned a unique WMI, in accordance with 49 CFR 565.5(c). Oshkosh Truck Corporation (Oshkosh) is a manufacturer of primarily trucks and some specialized trailers. Oshkosh has also been assigned a unique WMI in accordance with 49 CFR 565.5(c). Oshkosh is purchasing Miller. Your question is whether Oshkosh can continue to use Miller's WMI to identify trailers Oshkosh produces at the facilities that were formerly used by Miller. To answer this question, we must apply the regulatory provision of 49 CFR 565.4(a). That section provides that the WMI 'shall uniquely identify the manufacturer, make and type of the motor vehicle if the manufacturer produces 500 or more motor vehicles of its type annually.' NHTSA has previously interpreted the requirement that the WMI 'uniquely identify the manufacturer' as precluding the use of a WMI assigned to one manufacturer by any other manufacturer. For your information, I have enclosed a December 24, 1984 letter to Mr. Richard Bond, in which the agency explained that a newly-formed, wholly-owned subsidiary could not use the parent corporation's WMI to identify trailers formerly manufactured by the parent corporation. With respect to your situation, this regulatory requirement means that the VIN assigned to each trailer manufactured by Oshkosh must identify Oshkosh as the manufacturer. This identification will facilitate the quick and accurate identification of the actual vehicle manufacturer in the event there is a need to do so. Please note also that Oshkosh, upon manufacturing trailers that formerly were manufactured by Miller, has a responsibility to report any new types of motor vehicles that it produces. 49 CFR Part 566 requires manufacturers that have previously submitted identification information to keep their entries current by submitting revised information not later than 30 days after the relevant changes occur. A copy of this part is also enclosed for your information. I hope this information is helpful. If you have any further questions on this subject, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosures"; |
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ID: aiam5374OpenMr. Neil Rowe Rowe Manufacturing 1266 Highway 96 - Box 386 Gladbrook, IA 50635-0386; Mr. Neil Rowe Rowe Manufacturing 1266 Highway 96 - Box 386 Gladbrook IA 50635-0386; "Dear Mr. Rowe: This responds to your letter requesting informatio about Federal requirements applicable to your product, the Glad Grip. You stated that this product serves as a handle to help connect and disconnect truck tractor air brake hoses at the glad hand. I am pleased to have this opportunity to explain our regulations to you. By way of background, NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue Federal motor vehicle safety standards (FMVSSs) that set performance requirements for new motor vehicles and new items of motor vehicle equipment, such as your product. However, NHTSA has not issued any FMVSS for your product. Our standard for brake hoses (FMVSS 106) applies to air brake hoses, end fittings and assemblies installed as original equipment and to those sold in the aftermarket. Standard 106 defines 'brake hose end fitting' as a coupler, other than a clamp, designed for attachment to the end of a brake hose. You describe the Glad Grip as a device which attaches to the end fitting of an air brake assembly and the glad hand. Since the brake hose that attaches to the Glad Grip is equipped with its own end fittings, the Glad Grip itself is not an end fitting. Therefore, Standard 106 is inapplicable. While it does not appear that you will market your device as original equipment on new vehicles, bear in mind that FMVSS No. 121, Air Brake Systems, applies to trucks and trailers. Any new truck or trailer that has your product as original equipment must meet the standard's requirements with your product installed. I note also that, while NHTSA has not issued any standards for a device such as yours, you are subject to the requirements in sections 151-159 of the Safety Act concerning the recall of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the Glad Grip contains a safety related defect, you as the manufacturer of the product would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Further, the Glad Grip is also subject to the requirements of 49 CFR Part 393.45 and 393.46 (copy enclosed), which are regulations administered by the Federal Highway Administration (FHWA) for commercial vehicles. If you are interested in these FHWA requirements, you can write to that agency at the addressed provided in the enclosed information sheet. I hope this information is helpful. If you have any other questions about NHTSA's safety standards, please contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures"; |
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ID: aiam4911OpenMr. Kenneth M. Bush Regulations Manager, Government Relations American Suzuki Motor Corporation 3251 E. Imperial Hwy. P.O. Box 1100 Brea, CA 92622-1100; Mr. Kenneth M. Bush Regulations Manager Government Relations American Suzuki Motor Corporation 3251 E. Imperial Hwy. P.O. Box 1100 Brea CA 92622-1100; "Dear Mr. Bush: This responds to your letter of September 6, 1991, t Mr. Vinson, asking whether a vehicle you are developing would be classified as 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. 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 classification 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 state that the vehicle's chassis should be considered a truck chassis because it 'was originally designed to provide cargo-carrying capability as well as to permit rough road and off the road vehicle operation.' Additionally, you state that the approach and departure angles and the running clearance dimensions for this vehicle are more similar to other vehicles which have been classified by their manufacturers as multipurpose passenger vehicles than vehicles that have been classified as passenger cars. Based upon this description, it appears to us that this vehicle could be classified as a multipurpose passenger vehicle. I hope you find this information helpful. The version of your letter that has been placed in the public docket has all the information for which you requested confidential treatment deleted from it. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam5036OpenMr. Eugene Welker 774 Harbor Island Clearwater, FL 34630; Mr. Eugene Welker 774 Harbor Island Clearwater FL 34630; "Dear Mr. Welker: This responds to your letter about a mirror syste designed to improve a driver's view of areas behind a motor vehicle. You explained that a 35' vertical post would be bolted near a vehicle's rear bumper. This would result in a mirror being located a few inches above the top rear window stop light and facing forward at a 45 angle. You asked whether such a device would be legal. The following discussion and the enclosed information sheet, 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment,' explain your responsibility under NHTSA's regulation. By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not approve, endorse, or certify motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act ('Safety Act'), the manufacturer is responsible for certifying that its vehicles or equipment comply with applicable Federal motor vehicle safety standards. The Safety Act requires that these safety standards establish minimum levels of performance for vehicles or equipment. Once the performance level has been established, vehicle or equipment manufacturers are free to choose any means they wish to achieve the required level of performance. NHTSA has exercised its authority to establish performance requirements for new vehicles in Standard No. 111, Rearview Mirrors (49 CFR 571.111, copy enclosed). Standard No. 111 establishes performance and location requirements for rearview mirrors installed in any new vehicle. This means that the vehicle manufacturer must certify that each vehicle it manufactures complies with the specified requirements. Standard No. 111 requires that passenger cars be equipped with an inside rearview mirror and a driver's side outside rearview mirror that provide the field-of-view specified in S5.1.1. A passenger's side outside rearview mirror is required in situations where the inside rearview mirror does not provide the specified field-of-view. Additional requirements for other vehicle types are set forth in S6, S7, and S8. No provision in the Standard specifies requirements for a mirror that attaches to the vehicle's rear bumper. Accordingly, a mirror like yours would not be prohibited from being installed on any vehicle by the current requirements in Standard No. 111. Accordingly such a mirror would be permitted, but only as a supplement to the required mirrors. In installing the mirror, one must take care to avoid obscuring the vehicle's lighting devices, including the center highmounted stop lamps (CHMSL). Please be aware that NHTSA does not regulate vehicles while they are in use. The American Association of Motor Vehicle Administrators, 4600 Washington Blvd, Arlington, VA 22203 may be able to advise you about the laws of the individual States related to the use of equipment such as your own. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam5108OpenMr. Stan Kaplan Shimazaki Corp. 10 Columbus Circle New York, NY 10019; Mr. Stan Kaplan Shimazaki Corp. 10 Columbus Circle New York NY 10019; "Dear Mr. Kaplan: This responds to your letter of December 10, 1992 with respect to the relationship of Federal motor vehicle regulations to the Red Alert device that you wish to import and sell in the United States. The device is located on the accelerator rod. When there is a sudden release of the accelerator, the stop lamps are activated before the driver's foot has touched the service brake pedal. You state also that installation of the device is quick and simple, requiring 10 to 15 minutes and no special tools. You have asked if Red Alert 'meets the standard set by your administration and the (sic) how we can get a waiver on this product or does it require one at all.' The descriptive literature that you enclosed notes (under 'Authorization Requirements for Installation') that 'there are many countries in which it is mandated by regulations that only the brake pedal activate the rear brake lights,' and that 'Red Alert, situated as it is on the accelerator rod, is illegal in these countries.' The United States is one of these countries. Under Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, the stop lamps may only be activated by the brake pedal. This means that a vehicle that is equipped with Red Alert no longer complies with Standard No. 108. Under the National Traffic and Motor Vehicle Safety Act, this means that the manufacturer of the vehicle, and any distributor, dealer, or motor vehicle repair business who installs Red Alert is liable for a civil penalty for creating the noncompliance. In addition, if the noncompliance is created by the manufacturer of the vehicle, the manufacturer is obliged to notify owners of the noncompliance, and then to remedy it. However, the Act does not restrict the owner of the vehicle from such modifications as (s)he may perform, even if the modifications result in a noncompliance, unless State laws so forbid. Thus, Federal law does not prohibit a vehicle owner from installing Red Alert but (s)he may not enlist the services of a distributor, dealer, or motor vehicle repair business to perform the installation. In no circumstance is importation and sale of the device itself a violation of Federal law. These matters and the agency's views on the device are set forth more fully in the enclosed agency letter of January 25, 1990, concerning the Advanced Brake Light Device (ABLD). Noting that both the ABLD and Red Alert originate in Israel, we surmise that Red Alert is a variant of the ABLD. Although the interpretation in this letter does allow installation of the Red Alert at the hands of the vehicle owner, our conclusion is based upon Federal law and should not be construed as an endorsement of the device. The same safety concerns that we expressed in January 1990 remain valid today. Sincerely, Paul Jackson Rice Chief Counsel Enclosure"; |
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ID: aiam1198OpenMr. Stan Haransky, Associate Director, Truck Body and Equipment Association, Inc., 5530 Wisconsin Avenue, Suite 1220, Washington, DC 20015; Mr. Stan Haransky Associate Director Truck Body and Equipment Association Inc. 5530 Wisconsin Avenue Suite 1220 Washington DC 20015; Dear Mr. Haransky: This is in reply to your letter of July 6, 1973, forwarding to us letter from Mr. Jim Finley of the Hughes Tool Company. Mr. Finley describes two situations, requesting an opinion on the applicability of NHTSA requirements to each of them.; The first question is whether an earth auger body that is mounted on crane carrier will conform to the Certification regulations (49 CFR Part 567) if the vehicle exceeds its stated weight ratings when a derrick is mounted on the vehicle but a permanent metal plate is also affixed to the vehicle which states: 'The GVWR and GAWR require that the derrick be removed before operating this vehicle upon a public highway.'; We do not believe such a label may be used to bring a vehicle int conformity with the Certification regulations. Both 'gross vehicle weight rating' and 'gross axle weight rating' call for a rating set by the manufacturer, but each is intended to reflect a fully-loaded vehicle or axle condition as a vehicle is likely to be used. Although your letter is not explicit in this regard, if it is a reasonable expectation that the vehicle will be operated on the public highways with the derrick mounted on it (but for the label), even though the derrick is 'removable', we would not consider the weight ratings to be consistent with the regulations if they do not take into account the weight of the derrick.; Similarly, the components used in the manufacture of the vehicle shoul be of sufficient strength to carry the derrick when the vehicle is in motion. On the other hand, if it is unreasonable to expect the derrick to be attached to the crane carrier when the carrier is operated on the highway, the weight ratings need not take into account the weight of the derrick. In neither case, however, would the label you illustrate affect the conformity of the vehicle to the regulations, in the former case the label does not correct the incorrect weight ratings, and in the latter case, the label is unnecessary.; Your second question is whether Federal regulations regarding lightin may be met if the rear lights of a truck-mounted earth auger utilize hinged covers that are intended to protect the lights during boring operations. You state that when the vehicle is operated, the cover is secured to expose the lights. You ask if we recommend the use of a warning sticker in the cab to remind the driver to open the covers.; The use of these covers is not prohibited by the Federal lightin standard, Federal Motor Vehicle Safety Standard No. 108, 'Lights, Reflective Devices, and Associated Equipment' (49 CFR 571.108). We think the idea of a warning sticker in the cab is nonetheless a good one.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam1202OpenMr. Stan Haransky, Associate Director, Truck Body and Equipment Association, Inc., 5530 Wisconsin Avenue, Suite 1220, Washington, DC 20015; Mr. Stan Haransky Associate Director Truck Body and Equipment Association Inc. 5530 Wisconsin Avenue Suite 1220 Washington DC 20015; Dear Mr. Haransky: This is in reply to your letter of July 6, 1973, forwarding to us letter from Mr. Jim Finley of the Hughes Tool Company. Mr. Finley describes two situations, requesting an opinion on the applicability of NHTSA requirements to each of them.; The first question is whether an earth auger body that is mounted o crane carrier will conform to the Certification regulations (49 CFR Part 567) if the vehicle exceeds its stated weight ratings when a derrick is mounted on the vehicle but a permanent metal plate is also affixed to the vehicle which states: 'The GVWR and GAWR require that the derrick be removed before operating this vehicle upon a public highway.'; We do not believe such a label may be used to bring a vehicle int conformity with the Certification regulations. Both 'gross vehicle weight rating' and 'gross axle weight rating' call for a rating set by the manufacturer, but each is intended to reflect a fully-loaded vehicle or axle condition as vehicle is likely to be used. Although your letter is not explicit in this regard, if it is a reasonable expectation that the vehicle will be operated on the public highways with the derrick mounted on it (but for the label), even though the derrick is 'removable', we would not consider the weight ratings to be consistent with the regulations if they do not take into account the weight of the derrick.; Similarly, the components used in the manufacture of the vehicle shoul be of sufficient strength to carry the derrick when the vehicle is in motion. On the other hand, if it is unreasonable to expect the derrick to be attached to the crane carrier when the carrier is operated on the highway, the weight ratings need not take into account the weight of the derrick. In neither case, however, would the label you illustrate affect the conformity of the vehicle to the regulations, in the former case the label does not correct the incorrect weight ratings, and in the latter case, the label is unnecessary,; Your second question is whether Federal regulations regarding lightin may be met if the rear lights of a truck-mounted earth auger utilize hinged covers that are intended to protect the lights during boring operations. You state that when the vehicle is operated, the cover is secured to expose the lights. You ask if we recommend the use of a warning sticker in the cab to remind the driver to open the covers.; The use of these covers is not prohibited by the Federal lightin standard, Federal Motor Vehicle Safety Standard No. 108, 'Lights, Reflective Devices, and Associated Equipment' (49 CFR 571.108). We thInk the idea of a warning sticker in the cab is nonetheless a good one.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.