Interpretation ID: 22539.ztv

Mr. Tomas P. Quintanilla
Fines, Fees & Forfeiture Section
Guam Customs & Quarantine Agency
Logistics & Support Division
1503 Central Ave. Tiyan
Barrigada, Guam 96913

FAX (671) 475-6219

Dear Mr. Quintanilla:

This is in reply to your fax of December 18, 2000, to this agency's "Compliance Branch" re the possible forfeiture of a vehicle that does not comply with applicable Federal motor vehicle safety standards (FMVSS).

The vehicle in question is a 1998 Volkswagen Golf from Japan whose "front windshield and light assembly did not have the required 'DOT' markings, and therefore not enterable into Guam according to U.S.D.O.T." The owner has not brought the vehicle into compliance and is willing to forfeit the vehicle rather than pay the storage fees that have accumulated in the interim. You have asked two questions with respect to this situation:

"1. Can this vehicle be forfeited to a Government of Guam Agency and relinquished to another government agency for government use?"

First of all, we want to call to your attention that the attempted importation of this vehicle was contrary to statute. Under 49 U.S.C. 30141(a), before a nonconforming vehicle can be admitted for purposes of conformance, the National Highway Traffic Safety Administration must have determined that the vehicle is capable of conversion to meet the FMVSS (See list at Appendix A, 49 CFR Part 593). We have made no such determination with respect to the 1998 Volkswagen Golf.

Further, under 49 U.S.C. 30141(d)(1), an importer of a nonconforming vehicle is required to provide a bond to ensure that the vehicle will be brought into conformance. If the vehicle covered by the bond is not brought into compliance, the bond requires the vehicle "to be exported (at no cost to the United States Government) by the Secretary of the Treasury or abandoned to the Government." We interpret this as authorizing forfeiture only to the Federal Government. If the Volkswagen in question is covered by a conformance bond, the terms of the bond require the vehicle to be exported by the Guam Customs & Quarantine Agency, or that it be abandoned to an agency of the United States Government. We prefer that the vehicle be exported to ensure that it will never be sold at auction or otherwise to a private individual for use on the public roads.

If the Volkswagen is not covered by a conformance bond, the only proper disposition of it under the laws that we administer is that it be exported to a jurisdiction outside the United States (see 49 U.S.C. 30102(a)(10)).

"2. What authority can I cite, if any, which states that a non-conforming vehicle can be utilized as long as it is not driven on public roadways?"

There is no authority that you can cite for your proposition. The 1998 Volkswagen Golf is a passenger car manufactured for use on the public roads. The vehicle in question does not comply with applicable FMVSS and cannot be imported for use on or off the public roads.

I hope that this answers your questions.

Sincerely,

John Womack,
Acting Chief Counsel,
ref:591,
d.3/8/01