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: aiam0538OpenMr. Richard I. Moss, Director, Washington Affairs, Trailer Coach Association, P. O. Box 17404, Dulles International Airport, Washington, DC 20041; Mr. Richard I. Moss Director Washington Affairs Trailer Coach Association P. O. Box 17404 Dulles International Airport Washington DC 20041; Dear Mr. Moss: This is in further reply to your letter of August 17, 1972. W indicated in a letter to you of September 8, 1972, that we would respond to your letter when action on petitions for reconsideration of the June 21, 1972, amendment to Standard No. 205 had been completed. Notice of our action has now been published (37 F.R. 24035, November 11, 1972) and a copy is enclosed.; Based upon the November 11, 1972, notice, your conclusions regardin the requirements for certification and marking by prime glazing material manufacturers (paragraph 3.2 of your letter) are for the most part correct. These manufacturers must mark glazing materials in accordance with Section 6 of ANS Z26. They must also certify. The certification must be made by the addition of the symbol DOT and assigned code number only when the glazing is designed as a component of any specific motor vehicle or camper. In other cases certification may be accomplished by any method meeting the requirements of section 114 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1403). It may not be accomplished, however, by affixing the DOT and code number.; Your conclusions regarding certification and marking requirements fo persons who cut glazing material from larger sheets (paragraph 3.1 of your letter) are not entirely correct. It is true that such persons must also certify, and that the method for certification my be any that satisfies the requirements of section 114 of the Act. Affixing a label to the material is one such method. You are incorrect, however, in your conclusion that the material need not contain the markings of the prime manufacturer. Section 6 of ANS Z26 requires glazing cut from larger pieces to contain the markings of the manufacturer of the larger piece. As clarified in the notice of November 11, 1972, this requirement is still applicable.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam3550OpenMr. John A. Pachuta, Director, Bureau of Traffic Safety Operations, Department of Transportation, Commonwealth of Pennsylvania, Harrisburg, PA 17123; Mr. John A. Pachuta Director Bureau of Traffic Safety Operations Department of Transportation Commonwealth of Pennsylvania Harrisburg PA 17123; Dear Mr. Pachuta: This is in reply to your letter of March 8, 1982, asking the curren status of three-wheeled motor vehicles under the Federal Motor Vehicle Safety Standards.; As you know from my letter of November 24, 1976, to HM Vehicles, a cop of which you enclosed, three-wheeled motor vehicles are classified as 'motorcycles' under the standards. Obviously the configuration of a three-wheeled enclosed vehicle differs greatly from that of the two-wheeled machine that comes to mind when the word 'motorcycle' is mentioned. As my 1976 letter indicates, the agency was seeking a more realistic regulatory scheme for three- wheeled vehicles, for obviously our motorcycle standards were written with two-wheeled vehicles in mind. But because three- wheeled vehicles did not comprise a significant part of the market, the agency decided that its priorities in motor vehicle safety lay elsewhere, no change in the definition of 'motorcycle' was ever adopted, and it still encompasses three-wheeled vehicles.; You have also asked whether a three-wheeled vehicle can be registere and inspected as a passenger car. Under the preemption provisions of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392(d)), Pennsylvania is bound to treat three-wheeled vehicles as 'motorcycles' in those areas that are covered by Federal safety standards that apply to motorcycles. Further, it may apply its own motorcycle standards in areas not covered by Federal standards. This means, for example, that Pennsylvania could not require a three-wheeled vehicle to have two headlamps since one is adequate under our Safety Standard 108. On the other hand, Pennsylvania could require a backup lamp device since Standard No. 108 contains no such requirement for motorcycles. Thus, it would seem that Pennsylvania should register and inspect these vehicles as motorcycles to the extent possible.; PAGE 2 WAS INADVERTENTLY MISSING FROM ORIGINAL |
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ID: aiam3300OpenHonorable John P. Murtha, Member, U.S. House of Representatives, Post Office Building, Room 15, 201 North Center Avenue, Somerset, PA 15501; Honorable John P. Murtha Member U.S. House of Representatives Post Office Building Room 15 201 North Center Avenue Somerset PA 15501; Dear Mr. Murtha: This responds to your recent request for information on behalf of you constituent, Mr. Steve Zufall. Mr. Zufall is interested in the specifications applicable to the manufacture of propane tanks to be used in the conversion of gasoline-powered vehicles. He asked how to obtain 'numbers' to be listed on the tanks and mentioned the designation '4VA-240', which someone had discussed with him.; The enclosed discussion sets forth the implications under Federal la of converting gasoline-powered vehicles to use propane, as well as a general discussion of auxiliary fuel tanks. The applicable statutory authority is the National Traffic and Motor Vehicle Safety Act, as amended 1974 915 U.S.C. 1381, *et seq*.). The discussion first looks at the Federal Motor Vehicle Safety Standard (FMVSS) applicable to fuel systems and then at the defect responsibilities that might be involved. Next, a brief mention is made of the possibility of product liability suits.; There are no requirements under the Federal motor vehicle safet regulations that specify 'numbers' which must be stamped on propane gas tanks. The designation mentioned by Mr. Zufall, 4VA- 240', is actually '4BA-240' and refers to specifications under the Bureau of Motor Carrier Safety regulations relating to fuel systems on commercial vehicles or to tanks used for shipment of propane gas in interstate commerce. These regulations would not apply, however, to tanks or fuel systems on private vehicles. For further information regarding these regulations, Mr. Zufall should contact Mr. W. R. Fiste of the Bureau of Motor Carrier Safety (202-426-0033).; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam0905OpenMr. James L. Burgess, 1414 Home Savings Building, 1006 Grand Avenue, Kansas City, MO 64106; Mr. James L. Burgess 1414 Home Savings Building 1006 Grand Avenue Kansas City MO 64106; Dear Mr. Burgess: This is in reply to your request of November 8, 1972, for informatio concerning the effects of governmental regulation on a decorative bumper that your client proposes to manufacture for sale in the automotive 'after-market.'; As far as Federal standards are concerned, your client's product is no a regulated item of equipment as long as it is installed after the vehicle has been sold to a customer for purposes other than resale. Although we have issued a standard to regulate the safety of bumpers on passenger cars (Federal Motor Vehicle Safety Standard No. 215, 49 CFR 571.215, effective September 1, 1972), the standard does not apply to the bumper as a separate item of equipment. Thus, a new car manufactured after the effective date of the standard must conform to the standard, but a bumper manufactured after the effective date and sold separately from the vehicle as a replacement part or add on, does not have to conform.; We strongly recommend, however, that any bumper system developed fo sale in the after-market be designed to conform to the performance requirements of Standard No. 215. If it should happen that significant problems are caused by the sale of inadequate bumpers, it may be necessary to expand the application of the standard to regulate the bumper as a separate item of equipment.; For your added information, state statutes with which we are familia also apply to new vehicles and would presumably not affect the installation of your client's product. However, you might find it advisable to ask the opinion of responsible state officials on this question.; If we can be of further assistance, please let us know. Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs; |
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ID: aiam4728OpenMs Joan E. Fogelman Lund & Pullara, Inc. P.O. Box 10148 Riviera Beach, FL 33404; Ms Joan E. Fogelman Lund & Pullara Inc. P.O. Box 10148 Riviera Beach FL 33404; FAX 305-842-9836 Dear Ms. Fogelman: This is in reply to your FAX o April 2, l990, to Taylor Vinson of this Office, with reference to a l985 Mercedes-Benz 280SE sedan being imported from the Bahamas temporarily, for the purpose of repair. You have stated that 'U.S. Customs wants a reassurance that they will not be held accountable if for some unforseen happening, this vehicle is not properly exported.' Although the new DOT vehicle importation regulations effective January 31, l990, make no specific provision for temporary importation of a nonconforming motor vehicle for repairs, when such a vehicle is owned by a nonresident of the United States and registered in a country other than the U.S., it is acceptable to this agency for the nonresident owner to enter it under the provisions of 49 CFR 591.5(d), the declaration by an importer who provides his passport number and country of issue that he is a nonresident importing the vehicle for personal use for a period not to exceed one year and will not sell the vehicle during that time. Such an entry is not accompanied by the new DOT conformance bond, which is required only for entries pursuant to 591.5(f) and (g). I do not know what Customs means by being held 'accountable' if the vehicle is not properly exported. You have stated that it will be accompanied by a Customs bond, and I assume that if the terms of that bond are violated Customs will take whatever enforcement action against the vehicle and its owner is deemed appropriate under the bond. Sincerely, Stephen P. Wood Acting Chief Counsel; |
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ID: aiam1831OpenMr. Williams R. Guthrie, Operations Manager, Oswalt Division, Butler Manufacturing Co., North Hy. 83, P.O. Box 1038, Garden City, KS 67846; Mr. Williams R. Guthrie Operations Manager Oswalt Division Butler Manufacturing Co. North Hy. 83 P.O. Box 1038 Garden City KS 67846; Dear Mr. Guthrie: This responds to your February 18, 1975, request for confirmation tha the chassis-cab-mounted Oswalt bulk feed mixer and Manure spreader vehicles do not qualify as 'motor vehicles' subject to the provisions of the National Traffic and Motor Vehicle Safety Act of 1966:; >>>Sec. 102. As used in this title -- (3) 'Motor vehicle' means any vehicle driven or drawn by mechanica power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.<<<; You describe the vehicles as chassis-cab-mounted and state tha 'Generally the complete operation of loading the ENSILMIXER and delivery of feed to the feed bunk is performed entirely on the property belonging to the farmer or feedlot operation. SPREADERS are normally loaded on a farm or feedlot and unloaded on nearby farmland.'; The NHTSA has developed criteria for the interpretation of th definition of motor vehicle in the area of heavy vehicles with an off-road function. We conclude that the definition includes vehicles which use the highway on a necessary and recurring basis to move between work sites. We have cited mobile cranes, drill rigs, and towed equipment such as brush chippers and pull-type street sweepers as examples of this motor vehicle class. Following the rationale of necessary and recurring road use, we have excluded from the definition such farm vehicles as mobile feed mixers used in feedlot operations.; If as your description indicates, these vehicles spend substantiall their entire time on a farm and use public highways only on or around the farm, they are not considered motor vehicles under the Act.; Sincerely, James C. Schultz, Chief Counsel |
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ID: aiam5332OpenMr. Daniel T. Mason Product Development Engineer Avery Dennison - Automotive Division P. O. Box 1019 Troy, MI 48099-1019; Mr. Daniel T. Mason Product Development Engineer Avery Dennison - Automotive Division P. O. Box 1019 Troy MI 48099-1019; "Dear Mr. Mason: This responds to your request for an interpretation o labeling requirements under 49 CFR part 541 Federal motor vehicle theft prevention standard. Your letter has been referred to my office for a reply. You asked whether a label that leaves a fluorescent 'footprint' of a vehicle identification number (VIN) on a vehicle part, complies with section 541.5(d)(1)(v)(B) of part 541. The answer is yes. Section 541.5(d)(1)(v)(B) requires that if a theft program label is removed from a vehicle part, 'residual parts of the label' be left in the area of the part where the label was affixed. The residual parts, also known as 'footprints,' provide investigators evidence that a label was originally present. 'Footprint' requirements for theft labels were discussed in the preamble to the final rule establishing 49 CFR part 541 (See 50 FR 43166, at 43174, October 24, 1985): ... this standard requires only that removal of the labels must leave residual parts of the label ... , on the part, and that these residual parts must be discernible by trained investigators. For purposes of this requirement, 'discernible' does not mean that residual parts must be visible under natural light. (50 FR 43174) In your letter, you stated that Avery Dennison's VIN marked labels have a fluorescent agent that transfers onto vehicle parts when the label is applied. If the label is removed, and the formerly labelled area is viewed under an ultraviolet light, a reproduction of the VIN is visible. If the labels, when removed, leave 'residual part s of the label ... on the part' that is 'discernible' under ultraviolet light, the Avery Dennison label would fulfill section 541.5(d)(1)(v)(B). I hope this responds to your question. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam1307OpenMr. Gerald Ahronheim, 807 Demerius, #J-1, Durham, NC 27701; Mr. Gerald Ahronheim 807 Demerius #J-1 Durham NC 27701; Dear Mr. Ahronheim: 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. You can see that the transferor must make a statement about actual mileage only if he knows that it differs from recorded mileage. A person like yourself who has no knowledge of odometer accuracy would only state the recorded mileage.; A copy of the Act is also enclosed for your information. Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam1845OpenMr. Dave Bickel, Product Engineering, Ventline, Inc., P.O. Box 308, Bristol, IN 46507; Mr. Dave Bickel Product Engineering Ventline Inc. P.O. Box 308 Bristol IN 46507; Dear Mr. Bickel: This is in reply to your letter of February 27, 1975, regarding the us of rubber-modified polypropylene plastic in a roof ventilator which you manufacture. You enclose a sample of the material.; A plastic material used in the roof ventilator of a motor home mus meet the requirement of Motor Vehicle Safety Standard No. 205 (49 CFR S 571.205). Our conclusion is based on the fact that ANS Standard Z26.1-1966, which is incorporated into the Federal standard, includes ventilators and openings in the roof of motor vehicles as locations in which glazing materials meeting the requirements of the standard are directed to be used. Any of the materials specified in ANS Z26, and the plastic materials added to the standard (items 12 and 13) on November 11, 1972, may be used in a roof ventilator of a motor home. We would consider such a ventilator to be a window' of the motor home.; The NHTSA has in the past amended Standard No. 205 to permit the use o new materials in vehicle locations following a manufacturer's petition for such an amendment. It appears from your letter that the use of polypropylene in roof ventilators would not create a safety hazard. However, in order for us to consider a change in the standard it will be necessary for you to provide us with information on the performance of this material. One way that manufacturers have provided us this information in the past is to have the material tested to the least restrictive requirements of the standard for any material which the standard permits to be used in the location desired.; I have enclosed a copy of NHTSA procedural rules (49 CFR Part 553 containing information on submitting a petition for rulemaking. Such a petition should contain the information I have referred to regarding the performance of polypropylene.; In your letter you ask for a code number should we determine that th material must conform to Standard No. 205. A code number, however, is issued only to a prime glazing material manufacturer, who is one who either fabricates, laminates, or tempers the glazing material. The request for such a code number must be made directly by the prime glazing material manufacturer.; Sincerely, James C. Schultz, Chief Counsel |
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ID: aiam3041OpenMr. J. C. Eckhold Ford Motor Company The American Road Dearborn, Michigan 48121; Mr. J. C. Eckhold Ford Motor Company The American Road Dearborn Michigan 48121; Dear Mr. Eckhold: This is in response to your letter of May 23, 1979 requesting an interpretation of Federal Motor Vehicle Safety Standard No. 101-80, Controls and Displays. Specifically, you requested a clarification of Section 5.3.3 which states that each tell-tale and its identification must be 'visible to the driver under all daytime and nighttime conditions.' You indicated that under certain conditions the intensity and color characteristics of sun lighting could cause transitory reflections that obscure either the intensity or color, or both, of the tell-tale. It is the interpretation of the National Highway Traffic Safety Administration that the manufacturer must manufacture a tell-tale with a light intensity that ensures visibility under the most adverse general lighting conditions. This means that the tell-tales and their identification need not be visible to the river when the tell-tales are struck by direct sunlight. Since conditions such as these are typically short-lived, the NHTSA does not believe that the length of time the driver may be unable to view the tell-tales is significant enough to warrant requiring the manufacturer to prevent their occurrence. 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.