Interpretation ID: aiam4327
Vice-President
Target Import
Valkenburgerstraat 16
1011LZ
Amsterdam
Netherlands;
Dear Mr. Rosendahl: On March 10 the agency received your petition of November 14, 1986, fo temporary exemption of the Target kit car from several Federal motor vehicle safety standards. As you have described your operation, 'these vehicles utilize remanufactured/reinforced, engines/chassis of 1960-1980 year, model Citroen 2CV, AMI, and DYANE, and then are equipped with brand new re-inforced bodies of Fiberglass and/or metal.'; The Federal motor vehicle safety standards issued under the Nationa Traffic and Motor Vehicle Safety Act apply to vehicles from time of manufacture up to their sale to first purchasers for purposes other than resale. Once a vehicle is in use, Federal standards no longer apply to it (other than a prohibition against rendering inoperative safety equipment originally installed). In our interpretations to kit car manufacturers, we have advised them that installation of a new body on a chassis of a vehicle previously in use does not create a 'new' vehicle subject to the Federal safety standards, and such vehicles are subject only to the laws of the individual States where they will be sold, licensed, and operated. This appears to be the exact situation represented by your fabricating operations. Because a 'used' vehicle is not legally required to comply with the safety standards, there is no obligation that its manufacturer must meet, and hence, petitions for temporary exemption from the safety standards are moot.; However, under the Act, there is na obligation upon any perso importing a 'used' vehicle into the United States to bring it into compliance with all safety standards that would have applied to it at the time of its manufacture had it been manufactured in the United States. It appears appropriate to establish the date of manufacture as that of the original chassis. Thus, the importer of a Target vehicle consisting of a body manufactured in 1987, and placed upon a chassis manufactured in 1980, would be required to bring it into compliance with all Federal safety standards in effect in 1980. On the other hand, if the chassis of the Target were manufactured before January 1, 1968, there would be no obligation to conform to Federal vehicles standards as none applied before that date (We view equipment standards somewhat differently, the tires, wheel covers, brake hoses, brake fluid, lamps, glazing, and seat belts if any, on otherwise uncovered vehicles must meet standards in effect at time of importation).; In summary, there is no legal requirement that the manufacturer of th Target comply with the Federal motor vehicle safety standards. There is a requirement that the importer of such a vehicle bring the car into compliance with all such Federal safety standards that may have been in effect when the chassis was manufactured. But there are no provisions under which an importer of a Target can petition for exemptions from the safety standards. The exemption authority that exists relates to new motor vehicles, and is available only to the original manufacturer of such vehicles. It does not extend to vehicles that the agency considers 'used', nor to importers for resale who are not the original manufacturers.; Sincerely, Erika Z. Jones, Chief Counsel