Interpretation ID: aiam5071
R.I. 02905;
"Dear Mr. Leone: This responds to your FAX of August 6, 1992, to Taylo Vinson of this Office, asking for rules and regulations of the Department on electric vehicles. I understand that you talked with Mr. Vinson later in the day, and received an overview of the matter. I further understand that you intend only the construction of a single experimental vehicle, and have no plans for its production. Under the National Traffic and Motor Vehicle Safety Act, the introduction into interstate commerce, by any person, of a motor vehicle that does not conform to all applicable Federal motor vehicle safety standards is a violation, for which a civil penalty of up to $1,000 may be imposed. The Federal motor vehicle safety standards are set out in Title 49 Code of Federal Regulations Part 571. There are no standards that apply specifically to electric vehicles, and the standards that apply to your project car are those that apply to 'passenger cars' in general. However, the manufacturer of an electric vehicle may petition us for a temporary exemption (up to 2 years) from one or more of the safety standards on the basis that the exemption would facilitate the development and field evaluation of a low-emission motor vehicle. The temporary exemption regulations are found at 49 CFR Part 555. An exemption covers up to 2,500 vehicles per year for any 12-month period that the exemption is in effect. Regulations governing the licensing of motor vehicles are the prerogative of the individual States. Thus, you should inquire as to what Rhode Island requires for your contemplated vehicle. There is a regulatory gap which your situation highlights, and that is the legal status of a person who intends to build only a single motor vehicle. Such a person is not a 'manufacturer' under the Act, since the operative portion of the definition of 'manufacturer' is one who manufactures or assembles 'motor vehicles'. The temporary exemption authority appears directed towards commercial enterprises and not single motor vehicles. Nevertheless, we believe we have the authority to exempt a single motor vehicle under these provisions. If you wish to consult us further in this matter, Taylor Vinson will be pleased to help you. Sincerely, Paul Jackson Rice Chief Counsel";