Interpretation ID: aiam5303
VA 24523;
"Dear Mr. Tolliday: We have received your letter of September 2, 1993 with respect to your wish to import 'British Army Ferret Armored Cars'. The armaments have been removed. You would be selling these vehicles 'on the basis they would only be used for off road purposes.' You ask whether the vehicles would be exempt from the Federal motor vehicle safety standards. You have enclosed two photos of the machine. For purposes of compliance with the Federal motor vehicle safety standards, a 'motor vehicle' is a vehicle that has been manufactured primarily for use on the public roads. Given the configuration and original military character of the Ferret, we believe that its manufacturer intended that its use of the public roads would be incidental and not primary. Therefore, we have concluded that the Ferret was not a 'motor vehicle' at the time of its manufacture. The question arises whether removal of the Ferret's armament and its importation for civilian use cause it to become a 'motor vehicle' for purposes of our regulations. At first blush, it would appear that the status of a vehicle is permanently determined at the time of its manufacture. This is true with respect to vehicles manufactured and operated exclusively in the United States no matter what modifications are subsequently made. The general provisions of the National Traffic and Motor Vehicle Safety Act do not apply once a domestic vehicle has been sold. As a hypothetical example, the agency does not consider an all-terrain vehicle to have been manufactured primarily for use on the public roads, hence it is not a 'motor vehicle'. Were an owner to modify it so that it could be licensed for use, the original intent of the manufacturer would have been superseded by that of the modifier, but the Act does not impose any obligation upon the modifier to conform the all-terrain vehicle to any Federal safety standards that might apply to its type. The situation differs with respect to imported vehicles. The status of a vehicle is judged as of the time of entry. Returning to our all-terrain vehicle hypothetical, if the vehicle has been modified before it enters the United States so that its primary use will be on the public roads, we would regard it as a 'motor vehicle' subject to compliance with all applicable Federal motor vehicle safety standards. With respect to the Ferret, we believe that more than removal of its armament is required to cause it to become a 'motor vehicle'. The issue of armament is essentially irrelevant to its character as an off-road or on-road vehicle. The Ferret remains an armored vehicle of limited visibility and of no apparent greater utility for on-road civilian purposes such as transportation of passengers and cargo than it possessed before removal of the armament. It retains the same high ground clearance as it has always possessed, supporting your statement that it will be sold for use on the public roads. We therefore conclude that, as modified, the Ferret will not be a 'motor vehicle' subject to our regulations, and that they may be imported without the necessity of conforming them to the Federal standards. Those military vehicles that are manufactured primarily for on-road use are 'motor vehicles'. However, in recognition of the fact that conformance with the Federal safety standards might compromise their ability to fulfill their military mission, the agency has exempted from compliance those motor vehicles that have been manufactured for the armed forces of the United States in accordance with contractual specifications. This exclusion does not apply to foreign military vehicles. Thus, for example, were you seeking to import for resale in the United States trucks of the British Army, they would have to be brought into conformance with applicable truck standards. Sincerely, John Womack Acting Chief Counsel";