Interpretation ID: nht73-4.32

DATE: 07/13/73

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Armco Recreational Products Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of June 21, 1973, referencing a phone conversation with Mr. Vison of my staff. You would prefer to import motorcycles with the lighting equipment unattached and ask whether it is permissible to import them under "Box 4", i.e. 19 CFP 12.80 (b)(2)(iv).

This provision allows importation of certified vehicles that do not conform "because readily attachable equipment items are not attached", provided that a label is attached "stating the safety standard with which and the manner in which such vehicle does not conform and that that vehicle will be brought into conformity by attachment of such equipment items before it will be offered for sale to the first purchaser for purposes other than resale." Since important of vehicles without required safety equipment is allowed and you intend to attach such a label to the motorcycles you import, there is no legal objection to your proposed plan. Accordingly, the California and Wisconsin interpretation of Federal requirements is incorrect if it is as you describe it.