Interpretation ID: 7548
1942 Port Albans
Newport Beach, CA 92660
Dear Ms Minna:
This responds to your letter of July 13, 1992, with respect to your wish to import certain motor vehicles for use off main highways, in "small guarded gate communities such as Golf resorts, small island communities, and possible elderly communities." The vehicles appear to be of Asian origin, are three-wheeled and carry from three to eight passengers. The top speed of the vehicles is 80 kph.
This agency interprets and enforces the National Traffic and Motor Vehicle Safety Act under which the Federal Motor Vehicle Safety Standards (the "standards") are promulgated. The Act defines a motor vehicle as one that is "manufactured primarily for use on the public streets, roads, and highways." You will see from this that the primary determinant of whether the vehicle you wish to import is a "motor vehicle" is the manufacturer's intent, rather than your intent as the purchaser. It is clear to us from the speed capability of the vehicle (not to mention that one of them carries a "taxi" sign) that these vehicles are motor vehicles within the meaning of the Act and are therefore required to meet all applicable standards in order to be imported into the United States, notwithstanding your intent to use them in traffic off the public roads.
The standards that the vehicles are required to meet are those that apply to motorcycles, specifically to brake hoses, brakes, brake fluid, lamps and reflectors, rearview mirrors, vehicle identification number, controls and displays, and glazing. If the motorcycles are originally manufactured to conform with the standards, and bear a certification to that effect affixed by their manufacturer, they may enter the United States as manufactured in compliance with the U.S. standards of this agency.
It is probable, however, that the vehicles have not been manufactured to conform with the standards. In order for a nonconforming vehicle to be imported, the Administrator of this agency must have determined that they are capable of being modified to comply with the standards. Such determinations are most frequently made on the petition of the manufacturer or an entity known as a "Registered Importer." A Registered Importer is one that has been recognized by the agency as capable of performing conformance work. Once the Administrator has determined that a vehicle is eligible for importation, it may be imported only by Registered Importers, or those who have contracted with a Registered Importer to perform the work necessary to bring the vehicle into compliance with the standards. No eligibility determinations have been made that cover the vehicles you wish to import.
If you are interested in pursuing this matter further, you may write Robert Hellmuth, Director, Office of Vehicle Safety Compliance, NHTSA, 400 Seventh Street SW, Washington, D.C. 20590. Mr. Hellmuth can provide guidance on the motorcycle standards and other obligations, as well as a list of Registered Importers and information on the eligibility determination procedures.
Sincerely,
Paul Jackson Rice Chief Counsel
ref:VSA d:7/31/92