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
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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: aiam3147OpenMr. Sonny Raidt, Performance Plus Products, Ltd., P.O. Box 5636, Greenville, MS 38701; Mr. Sonny Raidt Performance Plus Products Ltd. P.O. Box 5636 Greenville MS 38701; Dear Mr. Raidt: This is in response to the questions that you raised on October 23 1979, with Ms. Debra Weiner of my office concerning the legal and technical issues arising from the manufacture of auxiliary fuel tanks for use in pickup trucks. You noted that you are going into the business of manufacturing auxiliary fuel tanks, that you will not be involved in the installation of such tanks, and that you would like any advice that we might be able to provide as to the construction standards that should be followed in manufacturing such tanks.; I have enclosed a copy of a letter which was sent to a company tha planned to manufacture auxiliary fuel tanks for passenger cars and to do some installation. The legal principles enunciated in that letter are applicable to auxiliary fuel tanks intended for use in all types of motor vehicles except motor carriers in interstate commerce. Although your company is not planning to install auxiliary tanks, I think that you might find that the discussion of the legal issues that arise with respect to installation may be helpful in determining what safety margins should be built into these types of tanks.; As Ms. Weiner noted on the phone, this agency has not issued an standards applicable to the construction of auxiliary fuel tanks. However, the Federal Highway Administration, Bureau of Motor Carrier Safety has issued standards relevant to the construction of auxiliary fuel tanks for use in motor vehicles which are engaged in interstate commerce. I have enclosed a copy of these standards in hope that they will provide you with some suggestions as to what would constitute safe construction of an auxiliary fuel tank. In addition, the Society of Automotive Engineers has published standards pertinent to some aspects of the construction of fuel tanks. I have also enclosed copies of these.; I hope that you will find the enclosed material helpful. If you hav any further questions, please feel free to contact Ms. Weiner for further information.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3551OpenMr. Robert P. McEvoy, President, Automotive Research and Certification Inc., 5 Orrantia Circle, Danvers, MA 01923; Mr. Robert P. McEvoy President Automotive Research and Certification Inc. 5 Orrantia Circle Danvers MA 01923; Dear Mr. McEnvoy: This is in reply to your letter of December 18, 1981, appealing ou denial of your request to import five different German specification 1982 BMW passenger cars under the provisions of 19 CFR 12.80(b)(1)(vii). This provision allows vehicles not meeting the Federal safety and bumper standards to be imported for test purposes for a limited time without the necessity of conforming them to the Federal motor vehicle safety standards.; You have asked us to reconsider our original decision or alternativel to allow the importation of two of the five vehicles. You have also agreed to perform all safety compliance work within 30 days of receipt of the five test vehicles, allowing you to carry out your test programs for developing complying emissions and bumper systems.; Upon review of your petition, the agency is agreeable to allowing yo to import a total of five vehicles under the provision of 19 CFR 12.80(b)(1)(iii), without insisting upon immediate compliance with the bumper requirements, provided that you will agree in writing that the vehicles will be brought into compliance with then existing bumper requirements if they are sold to third parties. This will allow you a maximum of 120 days to bring the vehicles into compliance with safety requirements.; The bumper standard is primarily a property damage standard, rathe than a safety standard, and the Administrator has the authority to waive it completely for vehicles imported into the United States. Although this authority has not been exercised or implemented in regulations, the temporary waiver which may be provided you is consistent with the intent of Congress, and allows both you and the agency to accomplish their goals. As a practical matter, the bumper standard may be amended in the near future to prescribe a more cost-effective level of performance and in that event your task of conforming the vehicles might be less difficult, we would not insist on conformance with the bumper standard in effect when the BMW's were manufactured.; I hope that this proposed solution is satisfactory to you. Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3402OpenMr. William G. Finn, Merchandizing Manager, Continental Products Corporation, 1200 Wall Street West, Lyndhurst, NJ 07071; Mr. William G. Finn Merchandizing Manager Continental Products Corporation 1200 Wall Street West Lyndhurst NJ 07071; Dear Mr. Finn: This is in response to your letter of April 22, 1981, regardin marketing of Continental's ContiContact steel belted mud and snow tire as an all-season tire. You ask whether there are any governing criteria for what constitutes an all- season tire, and, if a tire is advertised as an all-season tire, whether it must be graded under the Uniform Tire Quality Grading (UTQG) Standards. You also ask whether it would be legal to market this tire as an all-season tire.; As you know, deep tread, winter-type snow tires are not within th coverage of the UTQG regulation (49 CFR S575.104(c)(1)). On May 24, 1979, the National Highway Traffic Safety Administration published in the Federal Register its interpretation that all-season tires are not considered deep-tread, winter-type snow tires within the meaning of the regulation (44 F.R. 30139). All-season tires were described in that notice as those with a tread depth which permits safe operation throughout the year. The notice indicated the agency's intention to exempt from the coverage of the standard 'a strictly limited class of tires, the deep tread rubber and tread design of which makes year round use on passenger cars inadvisable.' Thus, a tire offered for sale by its manufacturer or brand name owner as suitable for all-season use could not be considered a deep tread, winter-type snow tire for UTQG purposes.; With regard to the legality of marketing the ContiContact tire as a all-season tire, mud and snow tires must meet Federal safety standards in the same manner as other passenger car tires. Also, a tire not suitable for its intended use could be considered to contain a safety-related defect in performance, construction, or materials, for purposes of the recall authority of Title I, Part B of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1411, *et seq*.). Beyond these limitations, statutes and regulations administered by NHTSA do not restrict the sale of all-season tires.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam2275OpenHonorable Delbert L. Latta, House of Representatives, Washington, DC 20515; Honorable Delbert L. Latta House of Representatives Washington DC 20515; Dear Mr. Latta: Thank you for your March 23, 1976, request for consideration of th views of a constituent that provision of air cushion restraint systems in passenger cars would be too costly, and that motor vehicle regulation should concentrate on used vehicles because they are equipped with fewer safety and emission features.; As you are aware, the National Traffic and Motor Vehicle Safety Ac (the Act) (15 U.S.C. S 1391 *et seq*.) directs the Secretary of Transportation to issue motor vehicle standards that will reduce the number of accidents and deaths, and the severity of injuries, that occur on our nation's highways. The National Highway Traffic Safety Administration (NHTSA) of the Department of Transportation evaluates the available means to meet this goal. Restraining vehicle occupants to protect them against impact with the vehicle interior in a crash offers one of the greatest opportunities for improving motor vehicle safety. Reliance on existing seatbelt systems has prevented only a small portion of the death and injuries that occur from impact with the vehicle interior. For this reason, other means of providing restraint are under consideration. I can assure you that the issues of purchase cost, replacement cost, and the alternatives to air cushions are being included in this consideration.; The safe operation of motor vehicles has traditionally been regulate by the individual States and not the Federal Government. While the Act does not authorize the retrofit of safety devices to vehicles in use, the NHTSA has issued a highway safety program standard for State periodic motor vehicle inspection programs (23 CFR S 1204.4). Part 570, *Vehicle in Use Standards* (49 CFR Part 570), sets forth a procedure for inspection of older vehicles for use by the States in implementing the program standard. Also, the NHTSA has established demonstration diagnostic inspection projects that include emission as well as safety inspection of vehicles in use.; I have no basis for comment on the reported decision by Allstat Insurance Company not to consider the effects of bumper modification in establishing its premium structure.; I trust that this response will answer your constituent's questions. Sincerely, William T. Coleman, Jr. |
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ID: aiam1006OpenMr. Carl Monk, 428 Southland Boulevard, Louisville, Kentucky 40214; Mr. Carl Monk 428 Southland Boulevard Louisville Kentucky 40214; Dear Mr. Monk: Dr. Brinegar asked that I review and respond to your letter of Decembe 23, 1972, regarding warning devices.; As you know from previous correspondence, the National Highway Traffi Safety Administration (NHTSA) issued a Notice of Proposed Rule Making on a standard for warning devices in November 1970. One of our major concerns in issuing this standard was the great variety of warning devices of all sizes, shapes, forms and configurations that were available to the motoring public. While many of these provided varying degrees of effectiveness, the great variety also created confusion and misunderstanding to the motoring public. Standardization of these devices was therefore of prime importance.; In response to this notice many comments, designs and recommendation were suggested for inclusion in the standard. All responses were carefully reviewed and evaluated before we issued the final rule in March 1972. Federal Motor Vehicle Safety Standard No. 125 represents an attempt to achieve a balance between many factors including shapes, size, cost, visibility, stability and weight. Since these triangle are designed for ultimate use in all kinds of vehicles, from passenger cars to heavy trucks, we had to be careful not to specify requirements that would put them beyond the reach of the average motoring public.; We are appreciative of your comments to the docket and your subsequen correspondence of the Department of Transportation, regarding the wind stability requirement of the device. Vehicles traveling at 70 mph do not create an effective wind velocity of 70 mph off the roadside. Research data shows that warning devices designed to withstand wind velocities of approximately 40 mph will be sufficient for the majority of wind conditions created by truck turbulence and atmospheric wind velocities without unnecessary penalties in weight and cost. However, Standard No. 125 will in no way restrict the manufacture and sale of devices with higher wind-resistance capabilities for special uses. These are *minimum* standards.; Again, we appreciate your interest in this aspect of motor vehicle safety. it is the ideas and opinions of concerned individuals, such as yourself, that enable us to ensure rules and regulations that are meaningful and worthwhile to the motoring public. Thank you for writing E.T. Driver, Director, Office of Operating Systems, Motor Vehicle Programs; |
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ID: aiam2133OpenHonorable H. S. Knight, Director, United States Secret Service, 1800 G Street, N.W., Washington, DC 20226; Honorable H. S. Knight Director United States Secret Service 1800 G Street N.W. Washington DC 20226; Dear Mr. Knight: This is in response to the November 19, 1975, request from the Secre Service for a description of the application of the Federal bumper standard (Standard No. 215, *Exterior Protection*) to vehicles whose bumper systems are modified.; Standard No. 215, the Federal motor vehicle safety standard tha applies to automobile bumpers, specifies performance requirements with which vehicles must comply. Full- sized passenger cars must be manufactured to withstand a series of longitudinal pendulum and barrier impacts at 5 mph front and rear and corner pendulum impacts at 3 mph front and rear without incurring damage to lighting, cooling, fuel, exhaust, propulsion, suspension, steering, or braking systems, or to doors or other closures.; If, after a vehicle has been purchased for purposes other than resale its owner decides to modify its bumper system, section 108(a) (2) (A) of the National Traffic and Motor Vehicle Safety Act (Pub. L. 89-563), as amended (Pub. L. 93-492), becomes applicable. Under that section manufacturers, distributors, dealers, and motor vehicle repair businesses are prohibited from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with a safety standard. Modification of an automobile bumper that caused it no longer to comply with the requirements of Standard 215 in effect on the date of the vehicle's manufacture would be violative of section 108 if the modification was accomplished by one of the above-named persons.; If the bumper were modified by a manufacturer, distributor, dealer, o motor vehicle repair business in such a way that the bumper either continued to meet or exceeded the requirements of Standard No. 215, section 108 would not be violated. All that is necessary is that the bumper continue to be capable of satisfying the performance requirements contained in the Standard on the date of the vehicle's manufacture.; A bumper system that has been modified by a person (individual corporate, or organizational) other than a manufacturer, distributor, dealer, or motor vehicle repair business, need not remain in compliance with the provisions of Standard No. 215.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4726OpenMr. Anthony T. Greenish c/o U.N.D.P. B.P. 2183 Libreville Gabon; Mr. Anthony T. Greenish c/o U.N.D.P. B.P. 2183 Libreville Gabon; "Dear Mr. Greenish: Your letter of February 19, 1990, to the Departmen has been referred to this Office for reply. You are contemplating buying a car in Europe and importing it when you return to the United States in July. You have in mind the BMW 324d and the Honda Accord 1.6 LX, and ask for information 'as to how these cars rate as to motor vehicle safety standards.' BMW does not offer the 324d for sale in the United States, and we assume that the Honda you mentioned was also produced for the European market. This means that these vehicles are not certified as complying with all applicable Federal motor vehicle safety, bumper, and theft prevention standards. Because of the difficulties you would entail in attempting to import an uncertified vehicle, we recommend that you purchase a vehicle certified by its original manufacturer for the American market. As you know, many European manufacturers have a factory delivery program for U.S. tourists. That way you can ensure that your car meets 100% of Federal requirements. If you nevertheless wish to pursue the idea of buying and importing a passenger car not certified by its original manufacturer to meet the Federal motor vehicle safety standards, you should be aware of some recent changes in law. Because of new regulations which were mandated by Congress and became effective January 31, l990, such a vehicle may not be imported unless the National Highway Traffic Safety Administration has determined that that specific model and model year is capable of conversion to meet the standards. Importation of the vehicle is also subject to the requirement that it be imported either by a person who has been approved by this agency as a Registered Importer and will be responsible for converting the vehicle to meet the standards, or by a person who has a contract with a Registered Importer. In either instance, a bond in an amount equal to l50% of the entered value of the vehicle as determined by the U.S. Customs Service must be given to ensure performance of the conversion work. We anticipate that the effect of these stringent regulations will be to convince many prospective importers not to buy vehicles intended for markets other than the United States. Sincerely, Stephen P. Wood Acting Chief Counsel"; |
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ID: aiam3831OpenMr. John B. McMillan, Manning, Fulton, and Skinner, Raleigh, NC; Mr. John B. McMillan Manning Fulton and Skinner Raleigh NC; Dear Mr. McMillan: This is in response to your March 5, 1984 letter regarding the exten to which an automotive remote starting device which one of your clients wishes to market is compatible with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) 114, *Theft Protection*. This device would permit a vehicle to be started from a remote location using a signal transmitter, provided the vehicle's gear shift is in the park position, the emergency brake is set, the hood is closed, and all the vehicle doors are closed. Further, should any of these failsafe systems become deactivated (e.g., gear shift level moved out of the park position), the engine would automatically shut off.; FMVSS 114 requires that passenger cars as well as trucks an multipurpose passenger vehicles with a gross vehicle weight rating of 10,000 pounds or less must have a key locking system that, when the key is removed, will prevent normal activation of the vehicle's engine and either steering or forward self-mobility. We presume that the steering/transmission lock feature is unaffected by your client's device. Therefore, the question presented by your client's system is whether that device, which permits activation of the engine when the ignition key is removed, permits 'normal activation' of the vehicle.; In a previous agency interpretation (copy enclosed), the agenc described certain characteristics of a remote starting system similar to your client's which we concluded were outside the concept of 'normal activation.' These characteristics were automatic deactivation of the remotely started engine when a vehicle door is opened, maintenance of the steering column or gear shift locking feature until the ignition key is inserted in the vehicle, and automatic deactivation of the remotely started engine after 15 minutes (unless the key is inserted in the ignition).; Your client's device apparently has some of these same characteristic as this previously considered device, as well as other automatic engine deactivation features which are comparable in nature. Therefore, we conclude your client's device does not conflict with the requirements of FMVSS 114, since it does not permit normal activation of the engine without the ignition key.; Sincerely, Frank Berndt, 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.