Interpretation ID: 1984-1.6

TYPE: INTERPRETATION-NHTSA

DATE: 01/27/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. William H. Harper

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. William H. Harper 21109-21st Avenue West Lyonwood, Washington 98306

This is in reply to your letter of January 10, 1984, making our opinion with respect to your plan to ship the frame of a 1959 Lotus 11 to England where a new body will be installed on it. The body is a duplicate of the original. You have asked for the status of the assemblage upon its re-entry into the United States, under the National Traffic and Motor Vehicle Safety Act.

The jurisdiction of the Act covers "motor vehicles" which are defined in pertinent part as those "manufactured primarily for use on the public roads." The photos you enclosed appear to show the Lotus 11 as a racing machine of single seat configuration. We do not consider single seat machines manufactured for competition purposes, and which are not licensed for use on the public roads, to be "motor vehicles." We also regulate "motor vehicle equipment." It follows that individual equipment items intended for use on a competition vehicle are not considered "motor vehicle equipment" subject to our jurisdiction and regulation. Therefore, if your Lotus 11 has not been licensed for use on the public roads, in our opinion you are not subject to the requirements of this agency including posting a compliance bond upon re-entry of the assemblage.

Even if the Lotus 11 has been licensed for use on the roads and is a "motor vehicle," your responsibilities, if any, would appear to be minimal. Although a "motor vehicle" manufactured before January 1, 1968, is not covered by the Federal motor vehicle safety standards, those standards do cover certain items of replacement equipment which must themselves conform upon entry into the U.S. You have told us that all equipment items will be detached from the frame before its shipment to England, and that upon its return, the assemblage will consist only of the old frame and the new body, minus its windshield, mirrors, and gas tank, as well as brakes, wheels, lighting equipment, door handles, etc. There are no Federal safety standards for frames or bodies of the nature you describe, and therefore this assemblage of "motor vehicle equipment" may also enter free of a compliance bond. However, if you subsequently decide to import brake hoses, lighting equipment, tires, brake fluid, glazing materials, or seat belt assemblies, these items would have to be certified as meeting the U.S. Federal motor vehicle safety standards in order to be imported.

We hope that this has been helpful to you. If you have any further questions you may phone Taylor Vinson of this office (202) 426-9511.

Sincerely, Original signed by Frank Berndt, Chief Counsel

January 10, 1984 William H. Harper 12209-21st Avenue W Lynwood, Washington 98036

Chief Counsel's Office of NHTSA 400 Seventh Street SW Washington, DC 20590

Dear Sirs,

I am the owner of a 1959 Lotus 11, serial #231, which I am restoring to original condition. As part of this process I am shipping the bare frame of the car back to England where the firm of Williams & Pritchard, who made the original body in 1959, will make a new body for the car. This new body will be an exact duplicate of the original made in 1959. When the body is finished, it will be attached to the frame and shipped back to myself in Seattle, Washington.

In talking to Don Davidson of U.S. Customs in Seattle (206-442-5370) I was advised that I would have to post a compliance bond upon re-entry of the frame/body into the U.S., unless I could get favorable written clarification from the NHTSA on its status. This is in question as to whether or not the car would now have to meet 1984 regulations, whether or not it is now classed as a 1959 or 1984 car, or whether it is a car at all or an "item of motor vehicle equipment".

It is my belief that this new body should be classed as an "item of motor vehicle equipment" and not as a car just because the frame has made a round trip to England to assist in the manufacture of the new body. It is also my belief that since it is being used in the restoration of a car and in absolutely no way associated with a "replica" car that this new body should not have to meet any 1984 standards such as bumpers or door intrusion. What I need from your office is a written ruling/opinion on these matters which will clarify them for U.S. Customs.

The addendum contains information that may assist you in making a decision. If you have further questions I may be reached at 206-775-5728 (home) or 206-655-7814 (work). Collect calls can be accepted at the first number prior to 9:30 EST. Your prompt and speedy reply would be greatly appreciated as the frame was originally scheduled to be shipped to England on January 30 prior to this problem developing. I want to clarify this matter before I ship anything out of the U.S.

Sincerely, Original signed by William H. Harper

Addendum

Only the original bare frame is being sent to England. By bare frame I mean that there is no suspension, axles, brakes, wheels, engine, transmission, or anything else attached to the frame. These parts are all staying in the U.S., will be rebuilt, and will be reinstalled onto the original frame upon its return to the U.S. The original frame will not be modified in any way while in England and is only being sent there so that the new body may be built around and attached to the frame, as the original was. The new body is being made because the original is badly damaged, torn, and corroded. The new body will be made entirely of aluminum and will have no windshield, headlights, taillights, door handles, etc. attached. These parts from the original body will be reattached to the new body in the U.S. All that is coming back to the U.S. is the original frame with a new hare, unpainted aluminum body attached to it.

Enclosed are two photographs. One shows the complete body attached to the frame and the other is with the upper half of the body removed, showing the lower half of the body and part of the frame. The light grey or rusty steel tubing is the frame and anything made of aluminum is what I call the body. These pictures are of the current "old" body and were taken during disassembly of the car prior to begining its restoration. The windshield, mirrors, and gas tank that are shown in the pictures will not be shipped to England nor will duplicates of these parts be made there. When the frame/body combination returns from England it will look like these pictures; except minus windshield, mirrors, and gas tank of course.

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