Interpretation ID: aiam2279
Assistant Secretary for Consumer Affairs and Regulatory Functions
Department of Housing and Urban Development
451 Seventh Street
S.W.
Washington
DC
20410;
Dear Ms. Newman: I am writing in response to questions that have been raised about th National Highway Traffic Safety Administration's (NHTSA) authority to regulate mobile homes. As you may know, mobile homes have been considered to be 'motor vehicles' as that term is defined in the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391 et seq.) ('the Vehicle Safety Act'). As such, they have been subject to Federal Motor Vehicle Safety Standard No. 108 (*Lamps, Reflective Devices, and Associated Equipment*) and to our authority regarding the notification and remedy of noncompliances and defects related to motor vehicle safety.; The National Mobile Home Construction and Safety Standards Act of 197 (42 U.S.C. 5401 et seq.) ('the Mobile Home Act') established within the Department of Housing and Urban Development a comprehensive program for the regulation of mobile homes. We have concluded that one result of that statute's enactment was the implied repeal of the NHTSA's authority with respect to mobile homes. Accordingly, we consider that the enactment had the effect of amending the Vehicle Safety Act's definition of 'motor vehicle' to exclude 'mobile homes' as the latter term is defined in the Mobile Home Act. We are preparing a Federal Register notice that will reflect this conclusion.; Sincerely, James B. Gregory, Administrator