Interpretation ID: nht71-5.31

DATE: 12/27/71

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Crane Carrier Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of November 16 and 30, 1971, concerning the application of Federal Motor Vehicle Safety Standard No. 206 to heavy duty trucks. You reported that you are unlikely to be able to bring the side door locks and latches on your truck into conformity with the standard until mid-1972.

In your first letter, you asked whether the standard will apply to all trucks or only those having a GVWR of more than 10,000 pounds. The standard will apply, beginning January 1, 1972, to all trucks without regard to their GVWR.

In your second letter, you requested for your trucks a temporary exemption of 180 days from the standard. We regret that we are unable to consider your request, since our authority under section 123 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1410) to grant such exemptions expired in April of this year.

Beginning January 1, 1972, the manufacture of any truck not in compliance with Standard 206 will be prohibited. Section 108(a) of the Act provides that

"No person shall manufacture for sale . . . any motor vehicle . . . manufactured on or after the date any applicable . . . standard takes effect . . . unless it is in conformity with such standard . . ." (15 U.S.C. 1397)

This prohibition is enforceable by civil penalties under section 109 (15 U.S.C. 1398) and injunction under section 110 (15 U.S.C. 1399). In addition, in the event that a noncompliance were determined to be a safety-related defect, notification of the defect would have to be furnished under section 113 (15 U.S.C. 1402).

Let us know if we may be of further assistance.