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: aiam3050OpenHonorable Daniel K. Akaka, 415 Cannon Building, House of Representatives, Washington, DC 20515, Attention: Mr. Pat McGarey; Honorable Daniel K. Akaka 415 Cannon Building House of Representatives Washington DC 20515 Attention: Mr. Pat McGarey; Dear Mr. Akaka: This responds to your June 21, 1979, telephone request asking ho automobile dealers can determine when they must sell school buses as opposed to regular vans.; The key factors in making this determination are the purpose for whic the vehicle will be used and the passenger carrying capacity of the vehicle. The National Highway Traffic Safety Administration (NHTSA) issued the school bus safety standards in response to the Motor Vehicle and Schoolbus Safety Amendments of 1974 (Pub. L. 93-492). In defining 'schoolbus', Congress drew upon NHTSA's definition of 'bus', i.e., any motor vehicle, including a van, designed to carry more than 10 persons. Congress stated that the term 'schoolbus' means 'a passenger motor vehicle which is designed to carry more than 10 passengers ... and which the Secretary determines is likely to be significantly used for the purpose of transporting ... students to or from school or events related to such schools.' The NHTSA concluded from this mandate that any vehicle that is a bus and will be used on a regular and recurring basis to transport school children must comply with school bus safety standards. To effect this conclusion, the agency issued a definition of 'schoolbus' which is 'a bus that is sold or introduced in interstate commerce, for purposes that include carrying students to or from school or related events....'; The effect of the 1974 amendments and the agency's definition is t require any new bus that is sold to transport school children on a regular basis to comply with the safety standards. Compliance is required whether a bus is used regularly to transport students 100 percent of the time or whether it regularly transports students only 10 percent of the time while otherwise transporting adults.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3048OpenHonorable Daniel K. Akaka, 415 Cannon Building, House of Representatives, Washington, DC 20515, Attention: Mr. Pat McGarey; Honorable Daniel K. Akaka 415 Cannon Building House of Representatives Washington DC 20515 Attention: Mr. Pat McGarey; Dear Mr. Akaka: This responds to your June 21, 1979, telephone request asking ho automobile dealers can determine when they must sell school buses as opposed to regular vans.; The key factors in making this determination are the purpose for whic the vehicle will be used and the passenger carrying capacity of the vehicle. The National Highway Traffic Safety Administration (NHTSA) issued the school bus safety standards in response to the Motor Vehicle and Schoolbus Safety Amendments of 1974 (Pub. L. 93-492). In defining 'schoolbus', Congress drew upon NHTSA's definition of 'bus', i.e., any motor vehicle, including a van, designed to carry more than 10 persons. Congress stated that the term 'schoolbus' means 'a passenger motor vehicle which is designed to carry more than 10 passengers ... and which the Secretary determines is likely to be significantly used for the purpose of transporting ... students to or from school or events related to such schools.' The NHTSA concluded from this mandate that any vehicle that is a bus and will be used on a regular and recurring basis to transport school children must comply with school bus safety standards. To effect this conclusion, the agency issued a definition of 'schoolbus' which is 'a bus that is sold or introduced in interstate commerce, for purposes that include carrying students to or from school or related events....'; The effect of the 1974 amendments and the agency's definition is t require any new bus that is sold to transport school children on a regular basis to comply with the safety standards. Compliance is required whether a bus is used regularly to transport students 100 percent of the time or whether it regularly transports students only 10 percent of the time while otherwise transporting adults.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam1721OpenMs. Janet K. Marcus, 258 Soundview Avenue, White Plains, NY 10606; Ms. Janet K. Marcus 258 Soundview Avenue White Plains NY 10606; Dear Ms. Marcus: This is in reply to your letter of November 12, 1974, asking severa questions regarding automobile recall campaigns, particularly regarding owner identification and notification. You ask whether there has been a proposal before the NHTSA to 'tie in' vehicle identification numbers (VIN's) with automobile registrations, and ask whether the Federal government can become a central data bank for such information.; Under the National Traffic and Motor Vehicle Safety Act, motor vehicl manufacturers have been required since November 1970 to maintain the names of first purchasers (Pub. L. 81-265, 84 Stat. 262 (15 U.S.C. 1402(f)). In addition, manufacturers have been required under NHTSA Defects Reports regulations (49 CFR S 573.6) to maintain owner lists, including VIN's, of all vehicles subject to notification campaigns. Since August of 1974, manufacturers have all been required to submit to NHTSA the VIN's of all vehicles subject to a campaign that have not been corrected after a campaign is approximately 6 months old. The NHTSA is presently establishing procedures by which these VIN's will be available to the public.; The NHTSA does not contemplate becoming a general clearinghouse fo VIN's. State registration information appears to be the best source for obtaining the addresses of vehicle owners. In fact, recently enacted amendments to the National Traffic and Motor Vehicle Safety Act (Pub. L. 93-492, 88 Stat. 1470, October 27, 1974) now specify that manufacturers obtain the names of vehicle owners through State records. Manufacturer's records of first purchasers are to be used to notify when present owners cannot be found through State records or other similar sources. The Motor Vehicle Safety Advisory Council has not discussed these new amendments, but we expect that their issuance will satisfy the Council's concern for locating vehicle owners in cases of defects.; I have enclosed copies of NHTSA regulations dealing with notificatio of defects.; Sincerely, Richard B. Dyson, Acting Chief Counsel |
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ID: aiam1066OpenMrs. Lewis Cook, Young Windows, Inc., Brook and Colwell Roads, Conshohocken, PA 19428; Mrs. Lewis Cook Young Windows Inc. Brook and Colwell Roads Conshohocken PA 19428; Dear Mrs. Cook: This is in reply to your letter of February 20, 1973, requestin clarification of the certification and labeling requirements of Motor Vehicle Safety Standard No. 205, 'Glazing Materials', for persons who cut sections of glazing materials. You state your understanding is that such persons should add to the cut piece the DOT symbol and the manufacturer's code mark used on the larger piece from which the smaller piece was cut. Your understanding of these requirements is not correct. The labeling requirements of Standard No. 205 were most recently amended on November 11, 1972 (37 FR 24035, copy enclosed). These amendments become effective April 1, 1973. They require a person who cuts glazing material to mark it in accordance with section 6 of ANS Z26. This does *not* include the DOT symbol and the mark of the manufacturer of the larger sheet, and these items should *not* be included by persons who only cut the material. That person must also certify the material in accordance with section 114 of the National Traffic and Motor Vehicle Safety Act (15 USC 1403). One method by which this can be done is to affix a removable label to the glazing material which states that it conforms to the Federal safety standard.; You ask how the 'AS12' and 'AS13' marking should be affixed. The 'AS designation is part of the labeling required by section 6 of ANS Z26, and it should be applied in the manner that the other labeling items of that section are applied. We understand etching is the method ordinarily used, and it is appropriate.; Sincerely, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam0902OpenMr. Barney Klein, Klein Tire Sales, Norma, New Jersey 08347; Mr. Barney Klein Klein Tire Sales Norma New Jersey 08347; Dear Mr. Klein: This is in reply to your letter of November 1, 1972, asking whether yo may sell tires from which the manufacturer has removed his name and DOT marking, if you tell the purchaser that the tires cannot be sold except for farm use, and if the buyer sign a sales invoice to that effect.; The in formation I gave you over the phone is incorrect. The answer t your question is that you may not sell such tires. Passenger car tires manufactured before October 1, 1972, can not be made eligible by their manufacturer for sale as farm use tires unless the manufacturer has reclassified them in the manner specified in paragraph S6 of Motor Vehicle Safety Standard No. 109. This provision required the manufacturer to permanently label a tire with the words 'UNSAFE FOR HIGHWAY USE', and to affix labels to the tread which state that the tire should not be used on a passenger car and that the sale of the tire for such use may subject the seller to civil penalties. A dealer who sells nonconforming tire which the manufacturer has not reclassified in this manner will be in violation of section 108(a)(1) of the National Traffic and Motor Vehicle Safety Act, and likewise subject to civil penalties.; A recent amendment to Standard No. 109 prohibits manufacturers fro reclassifying any tire after October 1, 1972, and requires them to destroy tires manufactured after that date which they will not certify.; With respect to reports on tires which you mention were obtained fo testing purposes by Mr. Loewenstern of NHTSA, these tires, which were not purchased by Mr. Loewenstern but by a New Jersey State Policeman on behalf of NHTSA, were not purchased for testing purposes. Rather, they were purchased for the purpose of obtaining evidence against you that you were selling tires in violation of the National Traffic and Motor Vehicle Safety Act. The NHTSA does not return tires which have been purchased for evidentiary purposes.; Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam0442OpenCharles O. Verrill, Jr., Esq., Patton, Blow, Verrill, Brank & Boggs, 1200 Seventeenth Street, N.W., Washington, DC 20036; Charles O. Verrill Jr. Esq. Patton Blow Verrill Brank & Boggs 1200 Seventeenth Street N.W. Washington DC 20036; Dear Mr. Verrill: This is in reply to your letter of July 12, 1971, concerning th Certification regulations, as amended April 14, 1971 (36 F.R. 7054). The questions you ask in your letter are dealt with individually below.; 1. You request a ruling that, in the case of boat trailers, would allo the 'type classification' of the vehicle (S 567.4(g)(7)) to be stated as 'trailer.' The use of the work 'trailer' in the case of boat trailers will satisfy the requirement.; 2. You ask that NHTSA initiate rulemaking to exempt boat trailers fro the requirement of specifying the GAWR (S 567.4(g)(4)). You state as the basis for this request that the gross axle weight rating of a boat trailer is meaningless as it can vary depending upon the load distribution. We must deny your request. The purpose of requiring both GAWR and GVWR is to distinguish between the weight of a fully loaded vehicle and the weight on each particular axle of the vehicle. This distinction is important in the case of a single axle trailer, as the GVWR and GAWR may differ due to the distribution of the GVWR between and axle of the trailer and some component of the towing vehicle. By specifying values for both GVWR and GAWR that he deems appropriate, the manufacturer, rather than providing a meaningless figure, will be providing figures that represent an appropriate distribution of a load between the trailer and the towing vehicle.; 3. You also ask whether, in cases where a tire size option exists, GVWR can be stated on the label for each tire size. The question is presently under consideration as part of action being taken on petitions for reconsideration of the regulations that have been received. Accordingly, we will deal with this question in our action on the petitions pursuant to 49 CFR 553.37.; Sincerely, Lawrence R. Schneider, Chief Counsel |
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ID: aiam4698OpenHerr T. Spingler Abt. K2/ELE2 Robert Bosch GmbH; Herr T. Spingler Abt. K2/ELE2 Robert Bosch GmbH; Dear Herr Spingler: This is in reply to your FAX of July l9, l990, t Richard Van Iderstine of this agency asking for confirmation of an oral interpretation provided you by Jere Medlin, Office of Rulemaking, with respect to replaceable bulb headlamps. Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, defines (section S3) a replaceable bulb headlamp as 'a headlamp comprising a bonded lens and reflector assembly and one or two standardized replaceable light sources.' In Europe you fix the lens to the reflector assembly with a rubber seal and clips. For the U.S. market you propose to add 'silicone-glue at four places between lens and housing to prevent removal of the lens.' Mr. Medlin informed you that this would be a 'bonded lens and reflector assembly.' The standard does not define 'bonded', but the intent of the definition is that, once the lens is joined to the reflector assembly, it shall not be separable. Any method of adhesion that accomplishes this would be a sufficient bond for purposes of the definition. If the application of silicone glue at four places between the lens and the reflector assembly is sufficient to prevent manual separation of the lens from the assembly, then it would be a sufficient bond. I hope that this answers your question. Sincerely,, Paul Jackson Rice Chief Counsel; |
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ID: aiam3926OpenMr. John L. Strickland, J.S. Welding, Rt. 5 Box 496, Denham Springs, LA 70726; Mr. John L. Strickland J.S. Welding Rt. 5 Box 496 Denham Springs LA 70726; Dear Mr. Strickland: I am responding to your February 20, 1985 request for informatio regarding Federal regulation of trailer manufacturing.; There is no Federal licensing requirement for the manufacture o trailers, which are considered motor vehicles under Federal law. As a manufacturer of a motor vehicle, however, you must submit identification information to the National Highway Traffic Safety Administration under 49 CFR Part 566, *Manufacturer Identification*. You must also certify that each trailer complies with all applicable Federal regulations. The procedure is specified in 49 CFR Part 567.; At this time, the only safety standards applicable to all trailers ar Safety Standard No. 108, *Lamps, reflective devices, and associated equipment*, Safety Standard No. 120, *Tire Selection and rims for motor vehicles other than passenger cars*, and Safety Standard No. 115, *Vehicle Identification Number-Basic Requirements*. The content requirements for the vehicle identification number are found at Part 565. Trailers with certain braking systems also must meet Safety Standard No. 106, *Brake hoses*, Safety Standard No. 116, *Motor vehicle brake fluids*, and Safety Standard No. 121, *Air brake systems*. These standards are found in Part 571 of 49 CFR.; I am enclosing an information sheet that explains how you can obtai copies of these regulations. If you have any further questions, please feel free to contact me.; Sincerely, Jeffrey R. Miller, Chief Counsel |
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ID: aiam3939OpenThe Honorable Dick Cheney, House of Representatives, Washington, DC 20515; The Honorable Dick Cheney House of Representatives Washington DC 20515; Dear Mr. Cheney: Thank you for your letter requesting clarification of the Department' regulations pertaining to the use by school districts of commercial-type buses as activity buses. I appreciate this opportunity to respond to your concerns.; You requested clarification of whether the National Traffic and Moto Vehicle Safety Act prohibits the sale of a used commercial-type bus to a school district for use on activity trips. The Act only applies to the manufacture and sale of new motor vehicles. Thus, persons selling a *used* bus to a Wyoming school district are not subject to the Act's requirement to sell certified school buses, and a used commercial-type bus, regardless of its model year, may be sold as an activity bus.; You also had several questions about Highway Safety Program Standar No. 17, *Pupil Transportation Safety*. You are correct that states have the discretion to adopt all or part of Standard No. 17, and that the standard has no direct effect on the purchase of used buses by local school districts. Congress has given the Department the discretion under the Highway Safety Act not to insist that a State comply with every requirement of the highway safety standards. While the Department has stressed the importance of a strong pupil transportation program, consistent with Standard No. 17, the Department has not insisted that the States comply with every feature of the standard.; You asked whether Wyoming school districts can obtain an administrativ waiver from the requirements of Standard No. 17 if Wyoming has adopted the standard as its own policy. Since a state has the discretion to adopt and amend Standard No. 17 as it determines to be necessary for its highway safety program, the effect of Standard No. 17 on Wyoming school districts is a matter for the state to decide. An administrative waiver from NHTSA is therefore not necessary.; I trust this letter has clarified our regulations for school buses. With best wishes. Sincerely, Elizabeth Hanford Dole |
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ID: aiam5084OpenMr. J. Leslie Dobson Owner McKinney Vehicle Services 8400 East Slauson Avenue Pico Rivera, CA 90660; Mr. J. Leslie Dobson Owner McKinney Vehicle Services 8400 East Slauson Avenue Pico Rivera CA 90660; Dear Mr. Dobson: This responds to your letter dated October 27, 1992 in which you asked how your company would go about lowering the Gross Vehicle Weight Rating (GVWR) assigned to some 'Bobtail' trucks. Your letter explained that your company is a truck rental company that owns about 50 Bobtail trucks with a GVWR of approximately 28,000 pounds each. According to your letter, your company's rental business has decreased dramatically since the State of California's requirement for a commercial driver's license to operate vehicles with a GVWR of greater than 26,000 pounds took effect. You would now like to lower the GVWR of your trucks to 26,000 pounds so that the trucks would no longer be subject to the commercial driver's licensing requirements. In a March 19, 1991, letter to Mr. Jerry Tassan, the owner of a truck rental company in San Francisco, I explained that the only parties that can assign or modify a vehicle's GVWR are the vehicle's original manufacturer, a final stage manufacturer, or an alterer. In a July 1, 1992, letter to Mr. Gene Fouts, I explained that modifications to an assigned GVWR should be made only when the manufacturer had made an error regarding the originally assigned GVWR, not for reasons related to the GVWR threshold of the commercial driver's license program. I have enclosed copies of both these letters for your information. Accordingly, I do not believe there is any way whereby your leasing company could lower the GVWR assigned to your Bobtail trucks. If you have any further questions about the subject of GVWR, please feel free to contact Steve Kratzke of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice 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.