Interpretation ID: aiam5059
AZ 85018;
Dear Mr. Wyatt: This letter responds to your inquiry regarding th conversion of race cars into cars for use on the public roads. I apologize for the delay in this response. As I understand the question, based upon your letter and subsequent telephone conversations with David Elias of my staff, you intend to convert a race car designed for use solely on a race track into a vehicle that can be used on the public roads. I am pleased to have this opportunity to explain our regulations for you. NHTSA has authority to regulate the manufacture and sale of new motor vehicles and items of motor vehicle equipment. The National Traffic and Motor Vehicle Safety Act (the Safety Act) defines 'motor vehicle' as one 'manufactured primarily for use on the public streets, roads, and highways... .' 15 U.S.C. 1391(3). The Safety Act requires every manufacturer to certify that each of its new motor vehicles complies with all applicable safety standards (15 U.S.C. 1403) and prohibits any person from manufacturing, importing, or selling any new vehicle that does not comply with all applicable safety standards (15 U.S.C. 1397(a)(1)(A)). However, these requirements apply only until the first sale of the vehicle for purposes other than resale (15 U.S.C. 1397(b)(1)). After that first purchase, the Safety Act prohibits any manufacturer, distributor, dealer, or repair shop from 'rendering inoperative' any device or element of design installed in or on the vehicle in compliance with an applicable safety standard (15 U.S.C. 1397(a)(2)(A)). Manufacturers, distributors, dealers, and repair shops are thus free to modify vehicles after the first purchase of the vehicle. However, these entities are prohibited from performing any modification that would result in the vehicle no longer complying with the safety standards. In addition, unlike the situation with new vehicles, manufacturers, distributors, dealers, and repair shops that modify used motor vehicles are not required to certify that the vehicle complies with all applicable safety standards. Hence, if these race cars had ever been certified as motor vehicles complying with the safety standards, your conversions would be subject only to the 'render inoperative' prohibition of the Safety Act. Your situation appears to be different, however, in that you wish to place a race car, which had never been certified, on the public roads. Race cars are not 'motor vehicles' within the meaning of the Safety Act, so no party has ever certified that these vehicles meet the applicable safety standards. This means that the first introduction into interstate commerce or sale of these converted race cars as 'motor vehicles' for the purposes of the Safety Act would be by you after you perform the conversion. Accordingly, you would be legally responsible for certifying that the converted race cars comply with all applicable safety standards, in accordance with the regulations set forth in 49 CFR Part 567. As a manufacturer of a new motor vehicle under the provisions of the Safety Act, you would also be subject to the notification and remedy requirements of the Safety Act (15 U.S.C. 1411 et seq.) and 49 CFR Parts 573 and 577. This means that if either you or the agency determined that a non-compliance with a safety standard or safety related defect exists in your converted vehicles, you, as the manufacturer, would be required to notify purchasers of the determination and remedy the problem without charge to the purchaser. I have enclosed for your convenience an information sheet for new manufacturers that gives a brief overview of our laws and regulations and explains how to get copies of those regulations. You may also want to contact the State of Arizona to learn whether there are any state laws or regulations that would affect the conversion of a racing car to a passenger automobile, and its sale and registration in the state, as well as the insurance ramifications of such a conversion and sale. If you have any further questions or need any further information on this subject, please contact David Elias of my office at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure;