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Interpretation ID: Dynasty_002301

    Mr. Cam Dowall
    Dynasty Electric Car Corp.
    591 Chester Road
    Delta, BC V3M 6G7
    Canada


    Dear Mr. Dowall:

    This responds to your letter and phone conversation with Mr. Chris Calamita of my staff regarding your companys intention to import a "low speed vehicle" (LSV) into the United States. Your letter requested approval from the National Highway Traffic Safety Administration (NHTSA) to sell an LSV that is based on the body and platform of a full speed production vehicle. As explained below, NHTSA does not approve motor vehicles or motor vehicle equipment. However, the vehicle you described can be imported as an LSV so long as it complies with Federal Motor Vehicle Safety Standard (FMVSS) No. 500, Low speed vehicles, and all other applicable Federal regulations.

    By way of background, NHTSA has authority to prescribe safety standards applicable to new motor vehicles and new items of motor vehicle equipment (49 U.S.C. Chapter 301). Under this authority, NHTSA defined the types of vehicles that can be certified as LSVs and established FMVSS No. 500 to ensure that LSVs are equipped with appropriate motor vehicle equipment for the purposes of safety. However, NHTSA does not approve or certify any motor vehicle or item of motor vehicle equipment. Instead, 49 U.S.C. 30115 establishes a "self- certification" process under which each manufacturer is responsible for certifying that its products meet all applicable FMVSSs.

    In your letter, you explained that Dynasty Electric Car Corp. (Dynasty) plans to import into the United States a vehicle that would consist of a Russian full speed production vehicle (the OKA) equipped with an electric motor and controller in place of the gasoline engine and drive train for which the vehicle was originally designed. You further stated that Dynasty intends to sell this vehicle in the United States as an LSV and that the new vehicle will meet all current FMVSS No. 500 requirements.

    FMVSS No. 500 and the associated LSV definition were established to accommodate a new category of small motor vehicles. The agency defines an LSV as a 4-wheeled motor vehicle, other than a truck, whose attainable speed in 1.6 kilometers (km) (1 mile) is more than 32 km per hour (20 miles per hour) and not more than 40 km per hour (25 mph) on a paved level surface (49 CFR 571.3(b)). The definition relies on the maximum speed capability of 40 km per hour as a characteristic representative of the small vehicles that gave rise to the associated standards.

    We note that the purpose of FMVSS No. 500 is not to accommodate speed-governed motor vehicles which otherwise might be capable of meeting the Federal motor vehicle safety standards. In response to an inquiry regarding use of a speed-governing device on a Land Rover, the agency stated that, "there are no circumstances under which the addition of a speed governing device to a high-speed vehicle would make the vehicle meet the definition of low-speed vehicle" (June 2000 letter to Mr. Thomas Dahl; copy enclosed).

    However, you stated that your company is not governing the speed capabilities of a full speed production vehicle. The vehicles you are intending to import would be limited to a maximum speed capability of 40 km per hour with the use of Dynasty supplied electric motors and controllers. This is within the scope of the LSV definition. Therefore, if the vehicles were to comply with FMVSS No. 500 and all other applicable Federal standards, then it could be imported into the United States.

    We also note that NHTSA has published a notice of proposed rulemaking that would amend the LSV definition by including a maximum vehicle weight (68 FR 68319; December 8, 2003). If you have any further questions, please contact Mr. Calamita at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    Enclosure
    ref:500#571
    d.5/12/04