Interpretation ID: aiam1900
President
Canadian Trucking Association
130 Albert Street
Suite 300
Ottawa
Canada K1P5G4;
Dear Mr. Carruth: The Secretary has asked me to respond to your letter of March 1 (F-50-A) requesting from a provision of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391 et seq.) that prevents operation in the United States of Canadian vehicles which were not manufactured in conformity with Standard No. 121, *Air brake systems*. You request a temporary exclusion from the standard for Canadian-based commercial vehicles operating in the United States, whether or not they are manufactured in Canada.; The National Traffic and Motor Vehicle Safety Act provides that n person shall import into the United States a motor vehicle manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect unless it is in conformity with the standard (S 1397(a)(1)(A)). Sections 1397(b)(3) and (b)(4) specifically address importation:; >>>S 1397 (3) A motor vehicle or item of motor vehicle equipment offered fo importation in violation of paragraph (1)(A) of subsection (a) of this section shall be refused admission into the United States under joint regulations issued by the Secretary of the Treasury and the Secretary; (4) The Secretary of the Treasury and the Secretary may, by join regulations, permit the temporary importation of any motor vehicle or item of motor vehicle equipment after the first purchase of it in good faith for purposes other than resale.<<<; The only exception to these laws is promulgated in Part 12 of th customs regulations (19 CFR S 12.80). One exception permits temporary importation for personal use, but it does not apply to commercial use of U.S. highways.; Section 1392(g) of the Act also mandates that the Bureau of Moto Carrier Safety (referred to in the section as the Interstate Commerce Commission) 'not adopt or continue in effect any safety standard which differs from' our standards unless it is a higher standard of safety. The Bureau has indicated its intent to adopt Standard No. 121 as its performance standard in the regulation of U.S. and foreign motor carriers on U.S. highways.; I conclude that any exclusion of Canadian vehicles from Standard No 121 would be an evasion of the Act's prohibition on importation of noncomplying vehicles. Such an exclusion would reduce the expected benefits of Standard No. 121 and would discriminate against U.S. manufacturers and carriers. For these reasons, your request is denied.; For clarification, I note that the standard applies (with limite exceptions) to air-braked trailers manufactured after January 1, 1975, and air-braked trucks and buses manufactured after March 1, 1975. I am unaware of the significance of the March 31, 1975, date to which you refer.; Sincerely, James B. Gregory, Administrator