Interpretation ID: 23014.ztv

Mr. Benjamin J. Freeman
1715 Aberdeen Avenue
Aberdeen, WA 98520

Dear Mr. Freeman:

This is in reply to your letter of March 30, 2001, with further questions following my letter to you of February 26, 2001.

Your first question is which of the current Federal motor vehicle safety standards (FMVSS) apply to "light duty trucks" and "MPVs." You state that you have "the full FMVSS text." You will find your answer in the text. Each FMVSS has an applicability paragraph, either S2 or S3. This paragraph identifies the types of vehicles to which that particular FMVSS applies. We have no definition or category of "light duty truck," therefore we have no list that could help you. The category "truck" includes both light and heavy duty vehicles. However, some FMVSS that apply to "trucks" may only apply to trucks at and below a specified Gross Vehicle Weight Rating (GVWR) (for example, S2 of FMVSS No. 225, "Child Restraint Anchorage Systems," applies the standard to trucks and multipurpose passenger vehicles with a GVWR of 3,855 kg (8,500 lbs.) or less).

Your next question is whether a noncomplying vehicle, manufactured in 1989 before the effective date of the registered importer requirements, January 31, 1990, may be imported without using a registered importer. The answer is no; the importation regulations (49 CFR Part 591), effective that date, require all motor vehicles less than 25 years old that are not certified by their manufacturer as complying with all applicable FMVSS and that are imported for personal use to be imported pursuant to a contract with a registered importer to bring the vehicle into conformance and to certify that conformance to NHTSA. We regret that you have been unable to come to an agreement with any of the registered importers that you have contacted.

Sincerely,

John Womack
Acting Chief Counsel

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