Interpretation ID: nht69-1.37

DATE: 08/19/69

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Norton Villiers Ltd.

TITLE: FMVSR INTERPREATION

TEXT: Thank you for your letter of July 17, 1969, responding to our letter to you of July 8, 1969, which requested that Norton Villiers Ltd. designate an agent pursuant to Section 110(e) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1399(e)), and the regulations promulgated thereunder (49 CFR 351.45). A copy of the regulations was enclosed in our July 8 letter, and another copy is enclosed herein.

In your letter, you ask whether the requirement for designation of agent needs to be complied with by the importers of the products of Norton Villiers Ltd. as well as by Norton Villiers Ltd. itself. In addition, you ask whether it is mandatory for Norton Villiers Ltd. to designate only one agent or whether it would be appropriate for Norton Villiers Ltd. to designate two agents, one for West Coast and one for East Coast matters.

In response to your first question, there is no requirement under the National Traffic and Motor Vehicle Safety Act of 1966 that a corporation located permanently within the United States designate an agent for service of process purposes. Such a company, however, may be designated by Norton Villiers Ltd. as its agent under the regulations. With respect to your second question, the regulations require Norton Villiers Ltd. to designate one agent. However, if Norton Villiers Ltd. wishes to designate two agents, there is no prohibition to its so doing. If two agents are designated however, each must be designated in conformity with the regulations and each must serve in the capacity of agent for Norton Villiers Ltd. throughout the entire United States, without division as to function according to geographical situation.

I hope you find the above information helpful.