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: aiam1169OpenMr. John R. Hand, The J.L. Hudson Company, Detroit, MI 48226; Mr. John R. Hand The J.L. Hudson Company Detroit MI 48226; Dear Mr. Hand: This is in response to your request for a statement of your odomete disclosure obligations under the Motor Vehicle Information and Cost Savings Act, Public Law 92- 513.; Under the Act, all transferors must make a 'mileage statement' to th transferee. 'Transferor' means any person who transfers his ownership in a motor vehicle by sale, gift, or any means other than by creation of a security interest. This includes a dealer transfering (sic) a new or used vehicle. The only exceptions to the requirement are for vehicles over 16,000 pounds gross weight rating, non-self-propelled vehicles, vehicles 25 years old or older, and new vehicles sold by a dealer to another dealer for resale.; The statement must contain (1) the odometer reading, (2) date o transfer, (3) transferor's name and current address, (4) vehicle identification or serial number, make, model, year, body-type, last plate number, (5) a statement that actual mileage differs from recorded mileage if such is the case and the transferor knows it, and (6) reference to the Motor Vehicle Information and Cost Savings Act with the statement that incorrect information may result in civil liability under it. An example of an adequate statement and format is enclosed for your information.; The federal government does not print these forms but severa commercial printers have prepared Federal disclosure forms for the convenience of dealers. Alternatively, the statement may be included in the bill of sale, or other transfer document. In any case, it must be completed and signed prior to the transfer. Either the original or carbon copy may go to the transferee. It may be advisable to include a second disclosure statement in your form to provide for the odometer disclosure by the buyer on his trade-in vehicle.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam1127OpenMorris Poole Auto Sales, U.S. 90 East, Live Oak, FL; Morris Poole Auto Sales U.S. 90 East Live Oak FL; Gentlemen: This is in response to your request for a statement of your odomete disclosure obligations under the Motor Vehicle Information and Cost Savings Act, Public Law 92- 513.; Under the Act, all transferors must make a 'mileage statement' to th transferee. 'Transferor' means any person who transfers his ownership in a motor vehicle by sale, gift, or any means other than by creation of a security interest. This includes a dealer transfering (sic) a new or used vehicle. The only exceptions to the requirement are for vehicles over 16,000 pounds gross weight rating, non-self-propelled vehicles, vehicles 25 years old or older, and new vehicles sold by a dealer to another dealer for resale.; The statement must contain (1) the odometer reading, (2) date o transfer, (3) transferor's name and current address, (4) vehicle identification or serial number, make, model, year, body-type, last plate number, (5) a statement that actual mileage differs from recorded mileage if such is the case and the transferor knows it, and (6) reference to the Motor Vehicle Information and Cost Savings Act with the statement that incorrect information may result in civil liability under it. An example of an adequate statement and format is enclosed for your information.; The federal government does not print these forms but severa commercial printers have prepared Federal disclosure forms for the convenience of dealers. Alternatively, the statement may be included in the bill of sale, or other transfer document. In any case, it must be completed and signed prior to the transfer. Either the original or carbon copy may go to the transferee. It may be advisable to include a second disclosure statement in your form to provide for the odometer disclosure by the buyer on his trade-in vehicle.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam0903OpenMr. Bob Bryan, Sales Coordinator - Direct Sales, Mobile Aerial Towers, Inc., 2314 Bowser Avenue, Fort Wayne, IN 46803; Mr. Bob Bryan Sales Coordinator - Direct Sales Mobile Aerial Towers Inc. 2314 Bowser Avenue Fort Wayne IN 46803; Dear Mr. Bryan: This is in reply to the questions you asked in your letter of Octobe 24, 1972, to Mr. Wells of the Federal Highway Administration concerning compliance with Standard No. 108 of trucks to which mobile aerial towers are mounted.; '1. The aerial tower is considered a load rather than part of th vehicle to be included in determining the overall length. Correct?'; Correct. '2. Are amber *intermediate side marker* lights and/or reflector required on the body?'; If overall length of the vehicle is 30 feet or more, intermediate sid marker lamps and reflectors are required, and they must be located at or near the midpoint between the front and rear side marker lamps and reflectors.; '3. Are amber *side marker* lights and/or reflectors required on th body?'; Front amber side marker lamps and reflectors are required to be mounte as far to the front as practicable on a vehicle. Generally, this is somewhere on the front fender, though in some configurations a manufacturer might determine that a location on the truck body is as far to the front as practicable.; '4. Are amber *clearance* lights and/or reflectors required on th *front* of the body?'; Yes. Front clearance lamps are required to indicate the overall widt of the vehicle and to be mounted 'as close to the top [of the vehicle, exclusive of load] as practicable.'; '5. If a unit is over 30 ft. long, will amber *side marker* lights an reflectors suffice *also* as amber *intermediate side marker lights and reflectors*?'; No, they will not. As the above answers indicate, the locatio requirements are different for front and intermediate side markers.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam2834OpenHonorable Paul Trible, Member, House of Representatives, Tower Box 59, 2101 Executive Towers, Hampton, VA 23666; Honorable Paul Trible Member House of Representatives Tower Box 59 2101 Executive Towers Hampton VA 23666; Dear Mr. Trible: This is in response to the letter (enclosed) you received from you constituent Mr. Randy Churaman of Hampton, Virginia, concerning plexiglass covers for headlights.; The National Highway Traffic Safety Administration (NHTSA) in 197 proposed rulemaking to allow fixed plastic covers over motor vehicle headlights. However, during the comment period of the proposed rulemaking some controversial items that were raised regarding fixed plastic headlight covers initiated concerns with respect to motor vehicle safety. These concerns were that: (1) moisture condenses inside the plastic covers and greatly increases headlight glare to oncoming traffic, (2) the plastic covers get scratched, thus reducing headlight output and increasing headlight glare at the same time, (3) plastic headlight covers have to be removed to mechanically aim headlamps, which becomes quite expensive to the vehicle owner and (4) correct aim of headlights is often made incorrect when installing fixed plastic headlight covers. Finally, the change in air drag by use of plastic headlight covers is extremely small since the air drag is primarily related to the overall frontal area projection of the vehicle.; Because of the foregoing disadvantages, and no major advantage to fixe plastic headlight covers other than styling, Federal Motor Vehicle Safety Standard (FMVSS) No. 108, *Lamps, Reflective Devices and Associated Equipment*, prohibits fixed plastic covers over headlamps. Specifically, FMVSS No. 108 references SAE Standard J580a, which states in part... 'When in use, a headlamp shall not have any styling ornament or other feature, such as a glass cover or grill, in front of the lens.' There is, however, no prohibition on the installation of original equipment retractable clear plastic headlamp concealment devices on newly manufactured motor vehicles.; I trust the foregoing is fully responsive to your inquiry. Sincerely, Michael M. Finkelstein, Acting Associate Administrator fo Rulemaking; |
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ID: aiam1117OpenMr. Phillip P. Friedlander, Jr., Director of Communication, National Tire Dealers & Retreaders Association, Inc., 1343 L Street, N.W., Washington, D.C. 20005; Mr. Phillip P. Friedlander Jr. Director of Communication National Tire Dealers & Retreaders Association Inc. 1343 L Street N.W. Washington D.C. 20005; Dear Mr. Friedlander: This is in reply to your letter of March 21, 1973, in which you ask ho retreaded tires are to be tested to the strength requirements (plunger-energy) of Standard No. 117 (S5.1.1, incorporating by reference S4.2.2.4 of Standard No. 109). You appear to believe testing to the requirement is precluded because Standard No. 117 contains no requirement that the cord material be labeled onto the tire, and the plunger-energy requirements specify different performance levels for differing cord materials.; While Standard No. 117 does not require the generic name of the cor material to be labeled onto the retreaded tire, we expect that it will be found on most tire casings and will be available to the retreader on all post 'DOT' casings, and on many pre-DOT casings as well. If a retreader tire is not labeled with its cord material, the strength test can still be conducted. It is not necessary to know the cord material before the plunger-energy values are obtained. Once they are obtained, a sample can be removed from the tire, from which the material can be determined.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4082OpenMr. Larry Alexander, Senior Product Manager, Consumer Products Division, Tuck Industries, Inc., Lefevre Lane, New Rochelle, NY 10801; Mr. Larry Alexander Senior Product Manager Consumer Products Division Tuck Industries Inc. Lefevre Lane New Rochelle NY 10801; Dear Mr. Alexander: This is in reply to your letter of October 1, 1985, asking whether an of your pressure sensitive tapes packaged for the automotive aftermarket are subject to any regulations of the National Highway Traffic Safety Administration. You have been asked by one of your customers to certify that your tape meets all applicable Federal motor vehicle safety standards and other regulations.; You provide four types of tapes: lens repair tape (for temporary us until a broken lens is replaced), hose repair tape (for temporary repair of leaks in water hoses), clear patch tape (for repair of upholstery), and carpet tape (used to hold carpets in place). This agency has jurisdiction over items of motor vehicle equipment, which are defined in part as:; >>>any system, part or component of a motor vehicle as originall manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory or addition to a motor vehicle....'<<<; Your tape could be regarded as an 'addition' to a motor vehicle bu even assuming that it is an item of motor vehicle equipment, there are no Federal motor vehicle safety standards that would apply to it. Therefore, no manufacturer certification is required, and you may so inform your customer. Further, any such certification could be viewed as a violation of the National Traffic and Motor Vehicle Safety Act by being certification that is false and misleading in a material respect, stating compliance with standards which are, in fact, non-existent.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam4083OpenMr. Larry Alexander, Senior Product Manager, Consumer Products Division, Tuck Industries, Inc., Lefevre Lane, New Rochelle, NY 10801; Mr. Larry Alexander Senior Product Manager Consumer Products Division Tuck Industries Inc. Lefevre Lane New Rochelle NY 10801; Dear Mr. Alexander: This is in reply to your letter of October 1, 1985, asking whether an of your pressure sensitive tapes packaged for the automotive aftermarket are subject to any regulations of the National Highway Traffic Safety Administration. You have been asked by one of your customers to certify that your tape meets all applicable Federal motor vehicle safety standards and other regulations.; You provide four types of tapes: lens repair tape (for temporary us until a broken lens is replaced), hose repair tape (for temporary repair of leaks in water hoses), clear patch tape (for repair of upholstery), and carpet tape (used to hold carpets in place). This agency has jurisdiction over items of motor vehicle equipment, which are defined in part as:; >>>any system, part or component of a motor vehicle as originall manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory or addition to a motor vehicle....'<<<; Your tape could be regarded as an 'addition' to a motor vehicle bu even assuming that it is an item of motor vehicle equipment, there are no Federal motor vehicle safety standards that would apply to it. Therefore, no manufacturer certification is required, and you may so inform your customer. Further, any such certification could be viewed as a violation of the National Traffic and Motor Vehicle Safety Act by being certification that is false and misleading in a material respect, stating compliance with standards which are, in fact, non-existent.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam5618OpenMr. Dennis G. Moore President Sierra Products, Inc. 1113 Greenville Road Livermore, CA 94550; Mr. Dennis G. Moore President Sierra Products Inc. 1113 Greenville Road Livermore CA 94550; Dear Mr. Moore: This responds to your letter of July 31, 1995, on th subject of 'optical combination' as that term is used in Motor Vehicle Safety Standard No. 108. You enclosed a copy of a letter sent to you from this Office on March 4, 1977, and refer to a 'Rider' in 'a proposed change around 1990 that had no relevance to this subject, whereas the Rulemakers added the expression, `NOT TO SHARE THE SAME HOUSING.'' You ask how ' u sing the Scientific Argument and discussions I submitted back in 1975, 1976, and 1977, and the Re-Interpretation letter sent me, how can NHTSA support the SAME HOUSING definition they currently support.' You are talking of events of 18 to 20 years ago that are no longer relevant today. The definition that NHTSA supports contains no reference to lamp housings. Standard No. 108 was amended four years ago, in 1991, to clarify that the term 'optical combination' is to be interpreted as defined by SAE Information Report J387 Terminology - Motor Vehicle Lighting NOV87. Under the SAE definition, optical combination results when a lamp 'has two or more separate light sources, or a single light source that operates in different ways (e.g., a two-filament bulb)', and when 'its optically functional lens area is wholly or partially common to two or more lamp functions.' It is immaterial to this definition whether the light sources are in the same or different housings. I enclose a copy of a rulemaking proposal and final rules dealing with this issue that were published on November 6 and 8, 1990, and June 7 and November 7, 1991. If you have further questions, you may refer them to Taylor Vinson of this Office by FAX (202-366-3820). Sincerely, John Womack Acting Chief Counsel Enclosures; |
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ID: aiam0170OpenMr. Wade R. Bedell, Bedell trailer Company, 1506-14 South Flores Street, Post Office Box 1325, San Antonio, TX 78206; Mr. Wade R. Bedell Bedell trailer Company 1506-14 South Flores Street Post Office Box 1325 San Antonio TX 78206; Dear Mr. Bedell: Thank you for your letter of June 12, 1969, in which you enclosed certification label you are now using and in essence ask why it will not be satisfactory after August 31, 1969.; Manufacturers were put on notice, by publication in the *Federa Register*, Volume 32, No. 215, dated November 4, 1967, that the National Highway Safety Bureau had under study an appropriate program which would lead to specific regulations applicable to certification. It was requested that manufacturers submit, among other things, a sample of the certification label or tag they were using.; As a result of that study, a proposal was promulgated and published i the *Federal Register*, Volume 33, No. 205, dated October 9, 1968. Interested parties were given the opportunity to express their views and after due consideration a rule was published on January 24, 1969, *Federal Register*, Volume 34, No. 16.; Shortly thereafter petitions for reconsideration of the Certificatio Regulation were received. The 'Denial of Petitions for Reconsideration,' *Federal Register*, Volume 34, No. 81, states in part, 'Objection was made to the specification of the language of the conformity statement.' This specification has been determined to be necessary, however, in order to eliminate the burden of seeking approval of proposed labels, as many manufacturers found advisable under the previous rule, and to inform both regulated persons and the public of the requirement of the 'Act'. It is regretted that the Certification Regulation, that becomes effective with vehicles manufactured after August 31, 1969, makes the labels in your inventory obsolete, however, we feel that manufacturers have had ample prior warning of a pending specific regulation.; Sincerely, Francis Armstrong, Director, Office of Performance Analysis Motor Vehicle Safety Performance Service; |
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ID: aiam5597OpenMr. Bryan Couch Systems Zone Leader Motor Coach Industries Door 10 475 Clarence Avenue Winnipeg, Manitoba R3T IT5 Canada; Mr. Bryan Couch Systems Zone Leader Motor Coach Industries Door 10 475 Clarence Avenue Winnipeg Manitoba R3T IT5 Canada; Dear Mr. Couch: This responds to your FAX of August 8, 1995, asking fo our comments on a 'preliminary drawing showing our proposed location for the front marker lamp and supplementary front marker lamp.' The front marker lamp will meet all photometry requirements of Federal Motor Vehicle Safety Standard No. 108 and, in your opinion, will be placed as far forward as practicable on the vehicle. The supplementary lamp will not meet the 45 degree rearward photometry requirement. We have only a couple of comments. The first is that initially the determination of practicability of the location of the front side marker lamps is that of the vehicle manufacturer who certifies compliance with Standard No. 108, and NHTSA will not question that determination unless it appears clearly erroneous. In this instance, we see no reason to question your opinion. Our second comment is that a supplementary side marker lamp need not meet any of the requirements for side marker lamps, it must not, however, as provided in paragraph S5.1.3 of Standard No. 108, impair the effectiveness of any lighting equipment installed to meet the requirements of Standard No. 108. Given the small size and candela output of side marker lamps, we do not believe that your supplementary side marker lamp would have this effect. If you have any further questions, you may refer them to Taylor Vinson of this Office (phone: 202-366-5263). Sincerely, John Womack Acting 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.