Interpretation ID: aiam5158
WI 53214;
Dear Mr. Dennison: Robert Hellmuth, Director of the Office of Vehicl Safety Compliance, has asked us to respond to your FAX of March 12, 1993. You offer your input and assistance 'regarding the alleged debate over the treatment of vehicles replicating pre-safety standard vehicle designs and their compliance with current Federal Motor Vehicle Safety Standards.' We are unsure what you mean by 'debate.' Under the National Traffic and Motor Vehicle Safety Act, all new motor vehicles, including replica vehicles, must conform to the Safety Standards unless exempted by the Administrator from one or more of those standards pursuant to 49 CFR Part 555. This regulation has been in effect since l972, and is intended to assist temporarily those manufacturers whose products may differ from those of conventional motor vehicles. I should note that the predecessor owners of Excalibur have been able to certify compliance of this replica vehicle since 1972 with all Safety Standards without seeking a temporary exemption from them. However, the Safety Standards do not cover a vehicle in use. Occasionally, situations arise in which a vehicle is newly manufactured, but contains a substantial number of parts from a vehicle previously in use. In these instances the question arises whether the vehicle may be considered 'new' and required to comply with the Safety Standards, or one that may be regarded as having been a vehicle in use for which compliance is not required. Perhaps this is the 'debate' to which you refer. We handle these situations according to the facts of each. If you wish to offer further comments, we would be pleased to consider them. Sincerely, John Womack Acting Chief Counsel;