Interpretation ID: 23010.ztv

Mr. Tomas P. Quintanilla
Customs & Quarantine Officer III
1501 Central Avenue
Tiyan, GU 96913

Dear Mr. Quintanilla:

This is in reply to your fax of April 18, 2001 asking several questions about a 1954 BMW motorcycle recently imported into Guam. You report that "the motorcycle has all the original parts affixed when it was manufactured excluding the tires." We understand this to mean that the tires on the vehicle are not the original ones.

You asked "If the tires on the motorcycle are specifically made for that type and year of motorcycle/vehicle and manufactured after 1966, should it or does it have to comply with the FMVSS?"

This is an interesting question, and the answer is no. The motorcycle itself, of course, is not required to meet the Federal motor vehicle safety standards since it is a motor vehicle that is "at least 25 years old" (49 U.S.C. 30112(b)(9)). On the other hand, Federal Motor Vehicle Safety Standard No. 119, "New Pneumatic Tires for Vehicles Other Than Passenger Cars," is an equipment standard. It does not apply to motorcycles but to "new pneumatic tires designed for highway use on . . . motorcycles manufactured after 1948" (S3, 49 CFR 571.119). There is no question that new replacement tires for a 1954 BMW motorcycle would have to meet Standard No. 119. Nor is there any question, under our interpretations, that, if the BMW's tires were shipped separately, they would have to comply with Standard No. 119 if they were manufactured on or after September 1, 1974, the effective date of Standard No. 119 (Unlike its treatment of motor vehicles, Section 30112(b)(9) does not exclude motor vehicle equipment from applicability of the Federal motor vehicle safety standards on the basis of age).

However, when a single motor vehicle that is no longer required to comply with our regulations because of its age is imported into the United States, we would not require any individual replacement equipment item installed on the vehicle at the time of entry to meet a Federal requirement that might be appropriate were the equipment item detached and shipped separately. This means that the tires of the BMW motorcycle do not have to comply with Standard No. 119 if the motorcycle is imported with them installed (or if they are detached and were manufactured before September 1, 1974).

You have also asked: "If an individual imports a . . . 1950/1960 model vehicle and needs to replace any glass item with an original replacement (windshield, window lights . . . .) do these items need to comply with FMVSS?"

The answer is yes. Any glazing that is manufactured to replace any glazing in any motor vehicle, no matter what its age, must be manufactured and marked in accordance with Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, Glazing installed in a motor vehicle at the time of its importation need not comply with Standard No. 205 when the vehicle itself is excused from compliance because it is 25 years or older in age.

Sincerely,

John Womack
Acting Chief Counsel

ref:591
d.5/15/01