Interpretation ID: nht68-3.7

DATE: 08/09/68

FROM: AUTHOR UNAVAILABLE; Robert Brenner; NHTSA

TO: University of Nottingham

TITLE: FMVSR INTERPRETATION

TEXT: On April 17 you wrote Senator Harris for assistance regarding importation of what you described in your "hand-built race car", and asked whether the[Illegible Word] small manufacturer exemption would be applicable to it. I explained in my response to the Senator on May 27 that racing vehicles designed for competition circuits were exempt from the Act, and that a racing vehicle not designed solely for competition might nevertheless be admitted to the United States if imported solely for purposes of competition and not licensed for use on the public roads.

Judging from your letter the "hand-built race car" appeared excepted from the Act and regulations/and it did not seem appropriate to discuss PL 90-283, the small manufacturer amendment.

PL 90-283 authorizes the Secretary of Transportation to exempt temporarily a manufacturer of 500 or less motor vehicles per year from compliance with Federal motor vehicles safety standards after making certain specified findings. Exemptions under the law cannot be given to individual owners.

Procedures were established by which interested manufacturers could apply for an interia temporary exemption pending adoption of final procedures. Although Mr. P.H.G. Morgan had made no recent, a copy of the interim procedures was forwarded to him. In response, Mr. Morgan informed us that he could not submit an application but intended to bring his vehicles into full compliance with all Federal standards, hopefully around the first of 1969.

This means that any Morgan manufactured after December 31, 1967 may not be imported into the United States unless it bears the certification of its manufacturer that it conforms to all Federal standards or unless it comes within one of the exceptions net form on Form HS-7, a copy of which I note you have.

I regret the delay in answering your letter, especially since you state the car is being hand built to your specifications. However, Mr. Morgan has been aware continually of his rights and obligations under the National Traffic and Motor Vehicle Safety Act of 1966 and he may have already explained his position to you.