Interpretation ID: nht79-4.40

DATE: 09/17/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: General Motors Technical Center

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 7, 1979 asking whether a nonconforming vehicle imported for testing must be removed from the public roads, at the end of one year, if NHTSA has not acted upon the importer's request for an extension of time.

This will confirm that the discussion which your Mr. Reed had with our Mr. Vinson is accurately reflected in your letter. If an application for an extension of time has been filed in accordance with 19 CFR 12.80 (b)(2) for a vehicle imported under 12.80(b)(1)(vii), the vehicle may continue to be operated upon the public roads until final disposition of the petition has been made. Permission to use the roads is considered a "license" and the principle of 5 USC 558(c) is operative: if a government agency receives an application for renewal of a license before it expires, the license continues in effect until final action has been taken on the request for renewal.

I trust that this is responsive to your request.

SINCERELY,