Interpretation ID: 86-4.18

TYPE: INTERPRETATION-NHTSA

DATE: 07/21/86

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: TAKESHI TANUMA -- NISSAN RESEARCH & DEVELOPMENT, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 12/19/85 TO ERIKA Z JONES, FROM TAKESHI TANUMA, OCC-0023, RE W-139-H

TEXT: Dear Mr. Tanuma:

This responds to your letter of December 19, 1985, asking whether an antitheft device installed in all but a few cars of a particular car line would be considered "standard equipment" under Title VI of the Motor Vehicle Information and Cost Savings Act. As explained below, the answer to your question is no.

You describe a situation in which 99.9% of "A" model vehicles were equipped with an antitheft device in Model Year 1985. Specifically, your letter states that total sales in the United States for that model year were 101,854 vehicles. Of these, 101,758 vehicles were equipped with an antitheft device; the rest or 96 vehicles, which were shipped to Hawii, Guam, and Saipan as rental cars, were not equipped with an antitheft device. You state that you expect 99.9% of "A" model cars to be equipped with an antitheft device in Model Year 1987 and ask if, under these circumstances, the antitheft device can be considered standard equipment.

Under section 605(a) of the Motor Vehicle Information and Cost Savings Act, any manufacturer may petition this agency for an exemption from the vehicle theft prevention standard for any "line or lines of passenger motor vehicle which are equipped as standard equipment with an antitheft device" which the agency determines is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the standard. This section also defines "standard equipment" as that installed at the time the vehicle is delivered from the manufacturer and which is not an accessory or other item which the first purchaser customarily has the option to have installed.

As interpreted by this agency, "standard equipment" refers to antitheft devices that are provided without extra charge on all vehicles of a particular line which are introduced into the commerce of the United States or imported and which are not intended solely for export and exported. Since the antitheft device in your example would not be installed in all model "A" cars imported into the United States, the agency concludes that the device would not be standard equipment within the meaning of section 605.

Sincerely,