Interpretation ID: nht68-2.31

DATE: 11/26/68

FROM: R. M. O'Mahoney -- A'SST. CHIEF COUNSEL, NHTSA; SIGNATURE BY LAWRENCE R. SCHNEIDER

TO: A.J.J. Enterprises Inc.

TITLE: FMVSR INTERPRETATION

TEXT: The Department of Health, Education, and Welfare has forwarded your letter of October 11 for further reply.

You ask for information as to how you may import a Daihstsu beach buggy "with a total weight of 960 pounds" under the National Traffic and Motor Vehicle Safety Act of 1966.

Since, generally, a dune buggy is constructed "with special features for occasional off-road operation" it is classified as a "multipurpose passenger vehicle" under the Federal motor vehicle safety standards. The standards, however, do not currently apply to multipurpose passenger vehicles with a curb weight of 1,000 pounds or less. Curb weight means the weight of the vehicle with standard equipment, maximum capacity of engine fuel, oil, and coolant; and, if so equipped, air conditioning and additional weight optional engine. While I do not know the capacity of the planned fuel tank, I understand that one gallon of gas weighs 5-6 1/2 pounds.

If your overall weight figure of 960 pounds is the curb weight, or if the curb weight is 1,000 pounds or less the vehicle may be imported as one manufactured prior to a date applicable Federal standards were in effect. If the curb weight is over 1,000 pounds then the vehicle, if it has not been manufactured to conform, may be imported upon an undertaking to bring it into conformity within 90 days.

I enclose a copy of the importation regulations for your guidance, and should you require a copy of standards applicable to multupurpose passenger vehicles, will supply it on your request.