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: aiam0203OpenMr. C. L. Eshelman, President, Eshelman, Inc., 621 N.E. 30th Terrace, Miami, FL 33137; Mr. C. L. Eshelman President Eshelman Inc. 621 N.E. 30th Terrace Miami FL 33137; >>>Re: Consumer Information--Certification--Distributons (sic)<<< Dear Mr. Eshelman: This is in reply to your letter of December 20, 1969, in which yo responded to our inquiry concerning consumer information on vehicles sold by your company.; You stated that your Golden Eagle cars are 'made from new mode Chevrolets without any mechanical change,' and that the 'consumer information and the warranty book as supplied by General Motors are passed along to the consumer with the vehicle.' You also stated that you place a label next to the GM certification label, quoting language similar to that specified in the Certification Regulations for the distributor who alters a vehicle, 49 CFR S. 367.6. We are enclosing a copy of the Certification Regulations: please note that the abovementioned distributor statement, if it is applicable, requires that month and year of alteration to be stated immediately after the name of the distributor.; The question whether the procedure you have outlined in respect t certification is acceptable depends on whether the alterations that you perform on the Chevrolets are sufficiently minor to place you in the category of 'distributor' rather than 'manufacturer'. In order to make this determination, we need and would like to receive more detailed information on the work that you do on the vehicles.; The question whether the practice you describe, of passing on th General Motors consumer information, is acceptable depends on whether the information, is acceptable depends on whether the information is actually correct for the vehicles as you alter them. The weight of the final vehicle, for example, is an important factor in the vehicle's performance in all three areas of acceleration, braking, and tire reserve load. We should mention that you are fully responsible, subject to the penalties specified in section 109 of the National Traffic and Motor Vehicle Safety Act, for ensuring that the correctness of the consumer information that you provide with your vehicles is not adversely affected by the work that you do on them, whether you are ultimately paced in the category of manufacturer or distributor.; We are pleased to be of assistance. Sincerely, Lawrence R. Schneider, Assistant Chief Counsel fo Regulations; |
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ID: aiam0204OpenMr. C. L. Eshelman, President, Eshelman, Inc., 621 N.E. 30th Terrace, Miami, FL 33137; Mr. C. L. Eshelman President Eshelman Inc. 621 N.E. 30th Terrace Miami FL 33137; >>>Re: Consumer Information--Certification-- Distributions<<< Dear Mr. Eshelman: This is in reply to your letter of December 20, 1969, in which yo responded to our inquiry concerning consumer information on vehicles sold by your company.; You stated that your Golden Eagle cars are 'made from new mode Chevrolets without any mechanical change,' and that the 'consumer information and the warranty book as supplied by General Motors are passed along to the consumer with the vehicle.' You also stated that you place a label next to the GM certification label, quoting language similar to that specified in the Certification Regulations for the distributor who alters a vehicle, 49 CFR S 367.6. We are enclosing a copy of the Certification Regulations: please note that the abovementioned distributor statement, if it is applicable, requires the month and year of alteration to be stated immediately after the name of the distributor.; The question whether the procedure you have outlined in respect t certification is acceptable depends on whether the alterations that you perform on the Chevrolets are sufficiently minor to place you in the category of 'distributor' rather than 'manufacturer'. In order to make this determination, we need and would like to receive more detailed information on the work that you do on the vehicles.; The question whether the practice you describe, of passing on th General Motors consumer information, is acceptable depends on whether the information is actually correct for the vehicles as you alter them. The weight of the final vehicle, for example, is an important factor in the vehicle's performance in all three areas of acceleration, braking, and tire reserve load. We should mention that you are fully responsible, subject to the penalties specified in section 109 of the National Traffic and Motor Vehicle Safety Act, for ensuring that the correctness of the consumer information that you provide with your vehicles is not adversely affected by the work that you do on them, whether you are ultimately placed in the category of manufacturer or distributor.; We are pleased to be of assistance. Sincerely, Lawrence R. Schneider, Assistant Chief Counsel fo Regulations; |
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ID: aiam0205OpenMr. C. L. Eshelman, President, Eshelman, Inc., 621 N.E. 30th Terrace, Miami, FL 33137; Mr. C. L. Eshelman President Eshelman Inc. 621 N.E. 30th Terrace Miami FL 33137; >>>Re: Consumer Information--Certification-- Distributions<<< Dear Mr. Eshelman: This is in reply to your letter of December 20, 1969, in which yo responded to our inquiry concerning consumer information on vehicles sold by your company.; You stated that your Golden Eagle cars are 'made from new mode Chevrolets without any mechanical change,' and that the 'consumer information and the warranty book as supplied by General Motors are passed along to the consumer with the vehicle.' You also stated that you place a label next to the GM certification label, quoting language similar to that specified in the Certification Regulations for the distributor who alters a vehicle, 49 CFR S 367.6. We are enclosing a copy of the Certification Regulations: please note that the abovementioned distributor statement, if it is applicable, requires the month and year of alteration to be stated immediately after the name of the distributor.; The question whether the procedure you have outlined in respect t certification is acceptable depends on whether the alterations that you perform on the Chevrolets are sufficiently minor to place you in the category of 'distributor' rather than 'manufacturer'. In order to make this determination, we need and would like to receive more detailed information on the work that you do on the vehicles.; The question whether the practice you describe, of passing on th General Motors consumer information, is acceptable depends on whether the information is actually correct for the vehicles as you alter them. The weight of the final vehicle, for example, is an important factor in the vehicle's performance in all three areas of acceleration, braking, and tire reserve load. We should mention that you are fully responsible, subject to the penalties specified in section 109 of the National Traffic and Motor Vehicle Safety Act, for ensuring that the correctness of the consumer information that you provide with your vehicles is not adversely affected by the work that you do on them, whether you are ultimately placed in the category of manufacturer or distributor.; We are pleased to be of assistance. Sincerely, Lawrence R. Schneider, Assistant Chief Counsel fo Regulations; |
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ID: aiam0933OpenMr. Bernard J. Haynes, Manager, Quality Control, The Stearns & Foster Co., Cincinnati, OH, 45215; Mr. Bernard J. Haynes Manager Quality Control The Stearns & Foster Co. Cincinnati OH 45215; Dear Mr. Haynes: This is in reply to your letter of November 15, 1972, concerning th application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials', to innerspring mattresses you are going to produce for use in motor homes. You raise four questions in your letter which are restated below.; >>>1. 'Under S4.2 of the Standard, do we test the surface materia only, or is tufting considered bonded, sewed, or mechanically attached to underlying material?'<<<; Paragraph S4.1 of the standard lists mattress covers only, and thi would include the tufting since the tufting is incorporated into mattress covers. Consequently, we would treat the underlying material as separate, and only test mattress covers together with the tufting.; >>>2. 'If it is considered mechanically attached, how do we prepare specimen for test?'<<<; Since only mattress covers in this case must meet the requirements o the standard, the question of the tufting's 'mechanical attachment' to underlying material does not arise. Accordingly, you would prepare test specimens of mattress covers together with the tufting in the manner in which it appears in the vehicle as described in Paragraph S5.2 of the standard.; >>>3. 'The sleeping compartment is without a door and at the rear o both a 22 foot and a 25 foot motor home. Is this area considered in the occupant compartment?'<<<; The occupant compartment of a motor home includes any part designed t be occupied by persons. It would include the sleeping compartment irrespective of whether there is a door separating the sleeping compartment from the driver's compartment.; >>>4. 'Must all the material of the mattress, excluding the innersprin unit, pass the test independently, or is Article C of Section S4.2 about protective padding?'<<<; Paragraph S4.1 of the standard lists mattress covers only. Since S4. only refers to items listed in S4.1, it does not include the mattress stuffing.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam2894OpenMr. D.P. Weiher, Office of Corporate Safety, Emissions and Noise Control, AM General Corporation, 32500 Van Born Road, Wayne, Michigan 48184; Mr. D.P. Weiher Office of Corporate Safety Emissions and Noise Control AM General Corporation 32500 Van Born Road Wayne Michigan 48184; Dear Mr. Weiher: This responds to your August 2, 1978, letter asking whether it i permissible to perform the tests of Standard No. 124, *Accelerator Control Systems*, with only part of the vehicle mechanism at the designated temperatures. You state further that there is not sufficient time to find an environmental chamber large enough to accommodate the size vehicle that you are testing.; "The National Highway Traffic Safety Administration (NHTSA) does no issue approvals of manufacturer's plans for compliance with agency standards. Standard No. 124 mandates that a vehicle shall meet the j requirements of the standard at any temperature between -40 degrees F. and 125 degrees F. When the agency tests for compliance with the standard, it fins a chamber sufficiently large to accommodate the entire vehicle and tests according to the standard. Any manufacturer deviation from this accepted test procedure carries with it certain risks that a vehicle may not conform to the requirements."; With respect to the vehicles that you are constructing, you state i your letter that they are being manufactured for use by the army. As such, These vehicles are not required to comply with the agency's safety standards, and the NHTSA would not test these vehicles for compliance.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam1856OpenHonorable Henry B. Gonzalez, House of Representatives, Washington, DC 20515; Honorable Henry B. Gonzalez House of Representatives Washington DC 20515; Dear Mr. Gonzalez: This responds to your March 7, 1975, request for a copy of Standard No 121, *Air brake systems*, a discussion of the Federal excise tax on trucks and trailers, and an explanation of the manufacturer's certification responsibilities in the case of this standard. I have enclosed a copy of the standard, along with several amendments of it which have been recently issued.; The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391 e seq.) provides that the Secretary of Transportation establish performance standards for motor vehicle safety (S 103) and that the manufacturer be responsible for designing solutions that meet those performance requirements and certifying compliance with them (S 114). This law is intended to permit manufacturers latitude in choosing the designs best suited to their needs.; In the case of Standard No. 121, the manufacturer who completes vehicle will receive documentation from the chassis manufacturer that sets out the limits under which he can certify the vehicle without conducting tests or further engineering calculations. If he makes more modifications than authorized by the documentation, he must develop some basis of certification that the vehicle, as modified by him, would still be capable of meeting the requirements if tested by the Department's National Highway Traffic Safety Administration. Warranties from component suppliers, or the manufacturer's own engineering calculations could form the basis of certification.; The Federal excise tax to which you refer is a 10 percent tax on ne trucks, buses, and trailers which have a gross vehicle weight rating of more than 10,000 pounds. I have enclosed a discussion of the tax as it relates to the other taxes that accrue to the Highway Trust Fund.; Sincerely, James B. Gregory, Administrator |
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ID: aiam3332OpenMr. Olin F. Wenrick, Trophy, Rt. 1, Box 19875, Hwy. M 205, Edwardsburg, Michigan 49112; Mr. Olin F. Wenrick Trophy Rt. 1 Box 19875 Hwy. M 205 Edwardsburg Michigan 49112; Dear Mr. Wenrick: This will confirm your telephone conversation with Mr. Schwartz of m office concerning the compliance of your vehicle identification numbering system with the requirements of Federal Motor Vehicle Safety Standard No. 115, *Vehicle Identification Number*.; The National Highway Traffic Safety Administration does not giv advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed system. Based on our understanding of the information which you have provided, your system will apparently comply with Standard No. 115 upon receipt of the chart you are sending identifying the coding used to designate the length of your vehicles.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam0431OpenMr. Kenneth W. Brown, Cabot Corporation, 125 High Street, Boston, Massachusetts 02110; Mr. Kenneth W. Brown Cabot Corporation 125 High Street Boston Massachusetts 02110; Dear Mr. Brown: This is in reply to your letters of March 10 and July 1, 1971 requesting an exemption from Motor Vehicle Safety Standard No. 117 for experimental tires that you manufacture by buffing off the tread of new tires and then recapping the tires with different compounds. You state that you use these tires for testing carbon blacks by testing the tires on the public highways and on private test tracks.; We do not consider tires manufactured by the method you describe to b retreaded tires within the scope of Standard No. 117 because they are not manufactured from used tires. However, we do consider them to be new pneumatic tires, and subject to the requirements of Motor Vehicle Safety Standard No. 109. We regret that an earlier letter to you of April 7, 1971, may have been misleading in that regard.; Section 108(a)(1) of the National Traffic and Motor Vehicle Safety Ac (15 U.S.C. S1397(a)(1)) provides that no person shall --; >>>'manufacture for sale, sell, offer for sale, or introduce or delive for introduction interstate commerce... any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard take effect... unless it is in conformity with such standard.'<<<; We consider the testing of these tires on the public roads to be a introduction of them in interstate commerce, and prohibited by section 108(a)(1) unless the tires conform to standard No. 109. The tires need not be manufactured for sale to the general public in order for violations of section 108(a)(1) to occur. However, if the testing of these tires is confined to the laboratory or to private roads, the prohibition of the section 108(a)(1) will not apply to them.; A copy of the Act and Motor vehicle Safety Standard No. 109 is enclose for your information.; Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam2940OpenMr. Stephen E. Hall, President, Esley Development Corporation, 6415 S.W. Canyon Ct., Suite 40, Portland, OR 97221; Mr. Stephen E. Hall President Esley Development Corporation 6415 S.W. Canyon Ct. Suite 40 Portland OR 97221; Dear Mr. Hall:This is in reply to your letter of December 21, 1978 asking about your responsibilities, as the manufacturer of a snow plow headlamp holder, under the National traffic and motor Vehicle Safety Act.; Under the Act a truck, with or without snow plow attachment, is 'motor vehicle' and the plow itself and any associated equipment is considered 'motor vehicle equipment' since it is an accessory or addition to a motor vehicle. But Federal Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices and Associated Equipment*, contains no requirements either for snow plow or accessory lighting, and your sealbeam holder therefore is not subject to regulation under the standard. However, as a manufacturer of 'motor vehicle equipment,' you are responsible for notification of purchasers and dealers, and remedy of any safety-related defects that may occur in your product. (Sec. 151 *et seq.* of the Act); As to 'what legal burden rests' with you as a 'manufacturer of th sealbeam holder as to the possible misuse' of your units once they leave your plant, we are uncertain what you mean by 'misuse.' If you mean that the holder is used in a way that you did not intend, then the question would appear to be one not answerable under Federal law. If the 'misuse' is attributable to a defect in the sealbeam holder, then the question would arise whether the defect is safety-related. If the answer is affirmative, then you would be subject to the notification and remedy provisions of the Act mentioned in the preceding paragraph.; We are forwarding a copy of your letter to the Federal Highwa Administration, Bureau of Motor Carrier Safety, for a reply to your question as to what Federal requirements must be met for use of your units 'on inter and intra state highways.'; Enclosed is a copy of Standard No. 108 as you requested, as well as copy of the Act.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam1970OpenMr. Charles J. Calvin, President, Truck Trailer Manufacturers Association, 2430 Pennsylvania Avenue, N.W., Washington, DC 20037; Mr. Charles J. Calvin President Truck Trailer Manufacturers Association 2430 Pennsylvania Avenue N.W. Washington DC 20037; Dear Mr. Calvin: This is in reply to your letter of June 17, 1975, requesting our revie of your Recommended Practice No. 9-75 - Lighting Devices for Trailers and Container Chassis.; With several minor revisions, your recommended practice will accuratel reflect the requirements of Federal Motor Vehicle Safety Standard No. 108. These revisions are as follows:; >>>1. Chart entitled, 'Truck Trailer Lighting Requirements' - a. Under the 'Remarks and Text Reference' column, opposit 'Identification Lamps,' delete 'May be at bottom level provided rear clearance lamps are as high as practicable.' This provision is not specified in Standard No. 108.; b. Under the 'Remarks and Text Reference' column, opposite 'Clearanc Lamps,' change '(S4.3.1.5)' to '(S4.3.1.4).'; c. Under the 'Height' column, opposite 'Reflex Reflectors,' the not 'Both on same level' applies only to rear reflex reflectors. The note 'Between 15 & 60' applies to both rear and side reflex reflectors.; 2. Drawing entitled, 'Required Lamps and Reflectors for Closed and Ope Top Trailers and Platform Vehicles' -; In Note 5, delete 'and rear clearance.' Rear clearance lamps must b mounted as near as practicable to the top of the vehicle, unless the identification lamps are located at the extreme height of the vehicle (paragraph S4.3.1.4 of Standard No. 108).<<<; We note that you provide identified zones of specified dimension within which you recommend that lamps be located. The standard actually requires these lamps to be 'as close to the top or practicable.' 'as far forward as practicable' etc. In most instances this should fulfill the requirements of the standard. However, we recommend that paragraph 3.1 of your recommended practice be revised to state both the locations actually specified by Standard No. 108 and the fact that your drawings provide your interpretation of these requirements which may not necessarily be that of the NHTSA.; Your efforts in promoting compliance with the requirements of Standar NO. 108 are greatly appreciated.; Sincerely, 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.