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Interpretation ID: 22584.ztv



    Mr. Neil Mardell
    Manager Product Development
    Dynasty Motorcar Corporation
    800 McCurdy Road
    Kelowna, BC
    Canada V1X 2P7


    Dear Mr. Mardell:

    This is in reply to your letter of January 9, 2001, enclosing documents in support of your request to import and sell your IT (Neighborhood Electric Vehicle) in the United States.

    We understand that you have filed a Designation of Agent with this Office's General Law Division, and we have delivered the Acceptance of Appointment you enclosed to the appropriate attorney in the Division. Similarly, we have taken your Manufacturer Identification statement and sample compliance label to the appropriate Office in this agency.

    There was no legal need for you to file the "proof of compliance with the requirements of FMVSS 500" because no approval is needed under the laws of the United States for you to export the vehicle to the United States from Canada.

    The maximum speed test of the prototype IT resulted in a value of 39.998 km/h, barely beneath the definitional ceiling of 40 km/h for low-speed vehicles. Please note that each production IT must not exceed the definitional ceiling, not just the single prototype vehicle tested. The narrow margin of 0.002 km/h in the test of the prototype IT may not be sufficient to ensure that the maximum speed of production vehicles does not exceed 40 km/h. This is especially critical when the maximum speed of the IT is artificially limited by a programmable motor controller. Component tolerances, adjustments, environments, and manufacturing variables can result in different test results. If you have technical questions about Standard No. 500's test procedure, you may contact John Finneran of our Office of Vehicle Safety Compliance (202-366-0645).

    Your product literature notes the availability in late 2001 of two light utility versions of the IT. Under 49 CFR 571.3(b), a "low-speed vehicle" is defined in part as a vehicle "other than a truck." A "truck" is, among other things, "a vehicle designed primarily for the transportation of

    property." The two light utility ITs are designed primarily to carry property and would be trucks. Trucks are not eligible for certification under Standard No. 500 even if their maximum speed does not exceed 40 km/h.

    Sincerely,

    John Womack
    Acting Chief Counsel
    ref:500

    d.3/8/01