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: aiam5502OpenRobert D. Dods, Staff Assistant Honolulu Office Senator Daniel K. Inouye Room 7325 Prince Kuhio Federal Building 300 Ala Moana Boulevard Honolulu HI 96850-4975; Robert D. Dods Staff Assistant Honolulu Office Senator Daniel K. Inouye Room 7325 Prince Kuhio Federal Building 300 Ala Moana Boulevard Honolulu HI 96850-4975; Dear Mr. Dods: Joseph Cindrich, National Highway Traffic Safet Administration (NHTSA) Regional Administrator, has forwarded for reply your letter to him of January 25, 1995. You asked for verification that the Federal Motor Vehicle Safety Standards apply to the Commonwealth of the Northern Marianas Islands (CNMI), and 'if the office responsible for enforcement would notify the appropriate CNMI officials of the compliance requirements.' The Federal Motor Vehicle Safety Standards clearly apply in the CNMI. In 1994, the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1381 et seq., was recodified as 49 U.S.C. Chapter 301 - Motor Vehicle Safety. As part of the recodification, 'the Northern Mariana Islands' was added to the definition of a 'State' (49 CFR 30102(a)(10)). This means that it is a violation of 49 U.S.C. 30112(a), (cited in the 1987 letter as 15 U.S.C. 1397(a)(1)(A)), to import a vehicle into the CNMI that does not comply with the Safety Standards. The recodification reflected existing law, and the Safety Standards applied long before it occurred. I enclose a copy of a letter that this Office sent to Ellen A. Lockwood, Assistant United States Attorney, Guam, on December 30, 1987, in which we informed her that the Safety Standards applied in the CNMI at that time, even though the regulations of the U.S. Customs Service did not. I find no record of a response from her. Given the geographical proximity of the United States Attorney's office to the CNMI and the fact that NHTSA has no employees west of California, we recommend that apparent violations be reported to that Office. Between the 1987 letter and the recodification of 1994, Congress enacted the Imported Vehicle Safety Compliance Act of 1988 (P.L. 100-562) which revoked the joint NHTSA - U.S. Customs regulatory authority of 15 U.S.C. 1397(b)(3). Pursuant to the 1988 legislation, NHTSA issued its own import regulation, 49 CFR Part 591, which has superseded the previous joint NHTSA-U.S. Customs regulation, 19 CFR 12.80, with respect to the importation of vehicles and equipment subject to the Safety Standards. As the 1987 letter notes, 12.80 did not apply to the CNMI because the CNMI is outside the Customs Territory of the United States. However, Part 591 clearly applies in the CNMI since it implements Chapter 301. Sincerely, Philip R. Recht Chief Counsel Enclosure; |
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ID: aiam3204OpenMr. Roger Hagie, Kawasaki Motors Corp., USA, 3630 Garry Avenue, P.O. Box 11447, Santa Ana, California 92711; Mr. Roger Hagie Kawasaki Motors Corp. USA 3630 Garry Avenue P.O. Box 11447 Santa Ana California 92711; Dear Mr. Hagie: This is in response to your letter of January 24, 1980, to Mr. Schwart of my office requesting an interpretation of Federal Motor Vehicle Safety Standard No. 115.; I understand from your letter that Kawasaki Motors Corp., USA, intend to comply with S4.3 of Safety Standard No. 115 by placing the vehicle identification number (VIN) on the certification label of the motorcycles it manufacturers. Since the standard specifies the precise placement of the VIN only for passenger cars and trucks with a GVWR of 10,000 pounds or less (S4.4), placing the VIN on the certification label of motorcycles is authorized.; You also wish to know whether Standard No. 115 precludes Kawasak stamping a model designation and production sequence into the frame near the certification label. As long as the number which you stamp into the frame cannot be mistaken for the VIN because of its length or other factors, this would not be prohibited.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3735OpenMr. Arnold van Ruitenbeek, Vice President, Continental Products Corporation, 1200 Wall Street West, Lyndhurst, NJ 07071; Mr. Arnold van Ruitenbeek Vice President Continental Products Corporation 1200 Wall Street West Lyndhurst NJ 07071; Dear Mr. van Ruitenbeek: This responds to your recent letter asking for an interpretatio concerning Safety Standard No. 119, *New Pneumatic Tires for Motor Vehicles Other Than Passenger Cars*. Specifically, you asked whether your company could label two maximum load ratings on the sidewall of certain motorcycle tires it manufactures. One maximum load rating would be applicable at the tire's top-rated speed, while the other would be applicable at a speed of 60 miles per hour. Such labeling would violate Standard No. 119.; Section S6.5 of Standard No. 119 requires that certain information b labeled on the sidewall of all tires to which the standard applies. Section S6.5 requires the maximum load rating and corresponding inflation pressure to appear on all motorcycle tires, shown as follows:; >>>Max load _____ lbs at _____ psi cold.<<< The maximum rating on the tire's sidewall, as the name implies, i intended to alert the consumer to the tire's *maximum* capabilities. Allowing tire manufacturers to specify more than one maximum load, based on various vehicle speeds, would dilute the value of the maximum load information to the consumer, by introducing the possibility of confusion and uncertainty about the actual *maximum* load the tire could carry while in use on a particular trip. To avoid this, the agency has stated on each occasion when questions have arisen in this area that only one maximum load rating may appear on the sidewall of tires.; Please understand that the agency does not doubt that these tires ca carry higher loads at lower speeds. Further, it does not have any objection to your publicizing those loads in your advertising literature, which you enclosed with your letter. However, the purpose of the labeling requirements on the sidewall of tires is not to give the consumer information for all possible operating conditions of the tire. Indeed, there is not enough space on the sidewall of the tire to do this. The purpose of the labeling requirements is to provide the consumer, in a straightforward manner, with technical information necessary for the safe use of the tires. In the case of the maximum load information, this necessitates providing only one maximum load rating on the sidewall of the tires.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam5463OpenMr. John Sheppard Sales and Marketing Manager Reflexite Canada, Inc. 6790 Kitimat Road, Unit 18 Mississauga Ontario L5N 5L9 Canada; Mr. John Sheppard Sales and Marketing Manager Reflexite Canada Inc. 6790 Kitimat Road Unit 18 Mississauga Ontario L5N 5L9 Canada; "Dear Mr. Sheppard: We have received your letter of November 2, 1994 asking whether certain conspicuity material could be used on trailers required to meet S5.7 of U.S. Federal Motor Vehicle Safety Standard No. 108. You have enclosed samples of the material. The material alternates red and white stripes 'oriented at a 45 degree angle to the edge of the roll.' Rolls are either 6 or 8 inches in width and 'will not have DOT-C2 marking.' In addition, we note that the horizontal length of the red segments is 5 1/2 inches (and presume an equal length for the white segments). Specifically, you have asked whether this material could 'be applied to the lower edge of the vehicle's rear doors as a compliant substitute for the 2' 'block pattern' material currently being used?' Paragraph S5.7's specifications for conspicuity material are intended to ensure uniformity of treatment in order to enhance the ability of drivers of other vehicles to detect large objects in the roadway under conditions when headlamps are used. While S5.7 does not require that the red and white color segments be rectangular, it does establish requirements for their length and width. Under S5.7.1.3(b), each segment shall have a length of 300 mm +/- 150 mm. The color segment separation of 5 1/2 inches on your sample is approximately 140 mm, and thus below the minimum permitted by the standard. Although currently, under S5.7.1.3(d), three widths of retroreflective material are permissible: 50 mm (DOT-C2), 75 mm (DOT-C3), and 100 mm (DOT-C4) and your widths of 6 inches (150 mm) and 8 inches (200mm) do not conform to these specifications, the agency has proposed that these be minimum minimum widths for the DOT grades indicated. We expect a final rule to be issued on this proposal in the near future. Because the retroreflective material discussed above would not comply with Standard No. 108's requirements for color segment length (and currently width), it could not be used as a substitute for the DOT-C2 material that you currently manufacture. Further, geometrically and photometrically complying material would require the appropriate DOT grade identification marking for use on a trailer required to comply with Standard No. 108. Sincerely, Philip R. Recht Chief Counsel"; |
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ID: aiam0253OpenMr. Boyd W. Finkel, Vice President, Universal Tire Corporation, 4622 Southlawn Lane, Rockville, Maryland 20850; Mr. Boyd W. Finkel Vice President Universal Tire Corporation 4622 Southlawn Lane Rockville Maryland 20850; Dear Mr. Finkel: The Office of Trade Regulation Rules of the Federal Trade Commissio has forwarded your letter of July 30, 1970, concerning tires marked 'Radial' that have casing cord angles that vary as much as 15 degrees from 90 degrees.; Paragraph S3 of Motor Vehicle Safety Standard No. 109 -- New Pneumati Tires, Passenger Cars -- defines a radial ply tire as a 'pneumatic tire in which the ply cords which extend to the beads are laid at substantially 90 degrees to the centerline of the tread'.; The Bureau does not consider cords laid a 75 degrees to the centerlin of the trend as 'Radial' tires and tires marked as much(sic) would not be incompliance with the tire standard.; Persons importing tires that do not comply with the standard would b violating section 108(a)(1) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1397).; For your information enclosed is a copy of the Passenger Car Tir Standard and the National Traffic and Motor Vehicle Safety Act.; Sincerely, Lawrence R. Schneider, Acting Deputy Chief Counsel |
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ID: aiam1542OpenMr. John Gostomski, President, Hellstar Corporation, 1600 N, Chestnut, Wahoo, NE 68066; Mr. John Gostomski President Hellstar Corporation 1600 N Chestnut Wahoo NE 68066; Dear Mr. Gostomski: This is in reply to your letter of June 17, 1974, requesting furthe information on the applicability of Federal safety standards to auxiliary fuel tanks.; Standard No. 301 does not apply directly to auxiliary or extra-capacit fuel tanks. However, it does apply to motor vehicle fuel systems. Therefore, if an auxiliary of extra-capacity tank is installed in the fuel system of a vehicle that is subject to the performance requirements of Standard No. 301, *before* its first purchase for purposes other than resale, causing that fuel system not to be in compliance with the standard, the person installing the tank or offering the vehicle for sale would be in violation of S108(a)(1) of the National Traffic and Motor Vehicle Safety Act. Since Standard No. 301 becomes applicable to trucks with a GVWR of 6,000 pounds or less on September 1, 1976, the fuel systems of such trucks will have to meet the performance requirements of the standard as of that date.; The fact that a customer may have ordered the auxiliary o extra-capacity tank to be installed in the vehicle he is purchasing does not affect the installer's responsibilities under the Act. he would still be in violation of Standard No. 301 if the tank were installed prior to the first purchase causing the fuel system to be in noncompliance.; Auxiliary and extra-capacity fuel tanks are not subject to regulatio under Standard No. 301 where they are installed *after* the first purchase of the vehicle for purposes other than resale. However, the auxiliary and extra-capacity tanks are subject to the section of the National Traffic and Motor Vehicle Safety Act that authorizes the Secretary of Transportation to make a determination as to whether of not an item of motor vehicle equipment contains a safety-related defect. In the event that such a determination is made, the manufacturer may be compelled to notify purchasers of the hazard.; If the installation of the fuel tank occurs *before* the first purchas of the vehicle for purposes other than resale, the installer must affix to the vehicle an additional certification label stating the alterer's name, the date of the alteration completion, and that the vehicle conforms to all applicable safety standards in effect on a date no earlier than the manufacturing date of the original vehicle, and no later than the date the alterations were completed.; We appreciate your interest. Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam5338OpenMr. John Rhein Fisher-Price, Inc. 636 Girard Ave. East Aurora, NY 14052; Mr. John Rhein Fisher-Price Inc. 636 Girard Ave. East Aurora NY 14052; "Dear Mr. Rhein: This responds to your letter about the consume registration card required by Safety Standard No. 213, 'Child Restraint Systems.' I apologize for the delay in responding. You ask about three features of a registration card you wish to produce, and enclosed a sample card setting forth a 'proposed format.' You first ask whether you may specify 'Please Print' on the card. The answer is yes. NHTSA interpreted Standard 213 as permitting this feature, in an October 20, 1993 letter to Mr. Richard Glover of the Evenflo Juvenile Furniture Company. You also ask whether you may use 'open box spaces' for the consumer's name and address, to encourage consumers to print the information clearer (one character per box space). The answer is yes. NHTSA interpreted Standard 213 as permitting 'blocked squares' for the consumer's name and address in a June 14, 1993 notice (copy enclosed) denying Evenflo's petition for reconsideration of the rule that established the registration card requirement. Finally, you ask whether you may enlarge the consumer name and address space of the card, to provide consumers more space to print the information and thus increase the likelihood the information will be legible. The answer, with reference to the sample card you provided, is yes. Under S5.8 of Standard 213, the registration form must conform in size, content and format to forms depicted in the standard (figures 9a and 9b). The figures specify a minimum size for the card. Moreover, in the enclosed June 1993 notice, NHTSA explained that '(f)ormat refers to the general appearance of the form and to aspects such as type size, size and placement of margins, size and placement of the spaces for the consumer's name and address, and overall organization of the printed material.' The sample card you provided meets the minimum size requirement specified in the standard, and the general appearance and overall organization of the card is the same as that depicted in the standard (figure 9a). While the consumer name and address space is slightly larger than depicted in the standard, we conclude that this slight deviation is consistent with the standard's format requirements. This conclusion is based on the fact that this slight change does not affect the general appearance or overall organization of the card, and because the change provides consumers more space to print the information, i.e., it will not detract from the utility of the card. Please contact Ms. Deirdre Fujita of my staff at (202) 366-2992 if you have any questions. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam4447OpenMr. Jan Peter Kryger Vice President, Sales and Marketing Quickwheel, Inc. P.O. Box 39l Cos Cob, Connecticut 06830; Mr. Jan Peter Kryger Vice President Sales and Marketing Quickwheel Inc. P.O. Box 39l Cos Cob Connecticut 06830; "Dear Mr. Kryger: This responds to your letter asking whether an Federal safety standards apply to your product called 'Quickwheel' and whether you need approval from the Department of Transportation to market the product. You indicated that Quickwheel is similar to a roller skate and can be placed under a flat tire in a few seconds, enabling the driver to go on to a service station. You stated that the device has three little wheels and has been 'thoroughly tested' in Germany. The National Traffic and Motor Vehicle Safety Act (Safety Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards for new motor vehicles and new motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards. NHTSA does not provide approvals of motor vehicles or equipment. The Safety Act places the responsibility on the manufacturer to ensure that its vehicles or equipment comply with applicable requirements. The following represents our opinion based on the facts provided in your letter. NHTSA does not have any safety standards covering a roller-skate-like device intended to be placed under a flat tire in order to enable the driver to continue driving. However, should a safety-related defect be discovered in your device, whether by the agency or yourself, you as the manufacturer would be required by the Safety Act to notify purchasers and provide a remedy for the defect. While no Federal motor vehicle safety standards apply to Quickwheel, we note that the performance of the device is relevant to safety in many of the same respects as tires, which are covered by safety standards. Given this potential safety significance, we urge you to carefully review whether the testing conducted in Germany covered the full range of real-world driving conditions and experiences that may be encountered by Quickwheel, and if not, to conduct such additional testing and/or analysis as may be necessary to ensure that the product will perform in a safe manner. You also asked for an explanation of the Code of Federal Regulations. You will find such an explanation on the last page of an enclosed information sheet entitled 'Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.' You may also find other parts of the information sheet to be of interest. Sincerely, Erika Z. Jones Chief Counsel Enclosure"; |
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ID: aiam2908OpenMr. Dick Palmer, Palmer Machine Works, Old Round House Road, Amory, Mississippi, 38821; Mr. Dick Palmer Palmer Machine Works Old Round House Road Amory Mississippi 38821; Dear Mr. Palmer: This is in response to your letter of November 10, 1978, concernin Federal Motor Vehicle Standard No. 115, *Vehicle identification number*, and in confirmation of your telephone conversation with Mr. Schwartz of my office.; Unfortunately, we do not have a simplified version of the standar which applies only to trailers. We have also modified the standard somewhat since the August 1978 version you referred to in your letter. I have attached a copy of the modification as well as a proposed further modification. I realize this is a complex standard, and, therefore, offer the following comments:; 1. Since you produce less than 500 vehicles per year, characters 1, 2 3, 11, 12 and 13 of the VIN will represent your manufacturer identifier. The date by which your manufacturer identifier must be submitted to the NHTSA has been changed to September 1, 1979. It is our understanding that the Society of Automotive Engineers will be willing to help you determine your manufacturer identifier. You should contact: Mr. Leo Ziegler, Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania 15096, (412) 776-4841.; 2. The 4th, 5th, 6th, 7th and 8th characters of the VIN represen descriptive information about your vehicles. In the case of trailers, the type of trailer, series, body type, length and axle configuration must be represented. Since your model number can be associated with all these characteristics, you may want to incorporate it into the vehicle descriptor section.; 3. The 9th character of the VIN represents the model year of th vehicle, and should be determined from Table II which appears in the standard.; 4. The 10th character of the VIN represents the plant of manufacture Since your firm has only one plant, you may choose any character you desire except one specifically precluded by the standard.; 5. Since your firm manufacturers less than 500 vehicles each year, th last three characters of the VIN represent the number that is sequentially assigned to a vehicle in your production process.; 6. The check digit which immediately precedes the third character o the VIN is determined by the mathematical operation described in section S5 of the standard. Since most characters in your VIN will be standardized, the check digit should be fairly easy to determine.; Please contact me if you have any further questions. Any trad associations to which you belong should also be helpful in establishing your VIN procedures.; Sincerely, Joseph J. Levin, Jr., Chief Counsel |
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ID: aiam3246OpenMr. Earl H. Wright, Administrator, Department of Education, State of Florida, Tallahassee, FL 32304; Mr. Earl H. Wright Administrator Department of Education State of Florida Tallahassee FL 32304; Dear Mr. Wright: This responds to your recent letter requesting information concernin the legal ramifications of converting school buses with gasoline fuel systems to liquefied fuel systems.; I am enclosing a copy of a letter that we issued last year whic discusses the Federal requirements and implications of making such conversions of vehicle fuel systems. That letter should answer all of your questions. Please note that an individual or an entity such as a State agency or school board can make modifications to his or its own vehicles with impunity as far as Federal requirements are concerned, if that individual or entity performs the work. For example, district school board employees could make the conversion you desire without regard to Federal requirements, whereas a motor vehicle repair business or the L.P. gas dealer would be responsible for complying with all Federal requirements.; I hope this has been responsive to your inquiry. If you have an further questions, please contact Hugh Oates of my office at 202-426- 2992.; 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.