Interpretation ID: nht90-4.15

TYPE: Interpretation-NHTSA

DATE: September 19, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Martin E. Simms -- Chartered Consulting Engineer

TITLE: None

ATTACHMT: Attached to instruction sheet dated 9-85 entitled Where to Obtain Motor Vehicle Standards and Regulations (text omitted)

TEXT:

This is in response to your letter on behalf of an Australian client who is proposing to construct, in conjunction with an American company, vehicles for sale in both Australia and the United States. You asked a number of questions about the substantive and procedural requirements of the safety standards. I will answer your questions in order.

1. What standards currently apply in America to 4 wheel drive vehicles (of about the same size as your Ford F350)? Are the Federal Motor Vehicle Safety Standards still the current standards?

The Federal Motor Vehicle Safety Standards (FMVSS) are still the applicable standards. The FMVSS may be found in Part 571 of Volume 49 of the Code of Federal Regulations (49 CFR Part 571). Each standard states the classes of motor vehicles to which it applies. Examples of classes of vehicles are passenger cars, trucks, and multipurpose passenger vehicles. Definitions of those terms may be found in the definitions section of the FMVSS (49 CFR S571.3).

2. Where can those standards be purchased and at what cost?

The FMVSS may be obtained from: Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402 Phone: (202) 783-3238 Prices must be obtained from the Superintendent of Documents since they are subject to periodic change. For further information, please refer to the information sheet entitled "Where to Obtain Motor Vehicle Safety Standards and Regulations" that is encl osed with this letter.

3. What is the procedure for proving compliance with American Federal standards and how long does it take to obtain approval (from time of application) to be able to market a vehicle?

The United States does not have an approval process similar to that of some other nations. In the United States, a manufacturer of motor vehicles must certify that its products comply with all applicable safety standards. The manufacturer's certificati on need not be based on actual tests, but may, in appropriate situations, be based on engineering judgment or computer simulations. The manufacturer is required to exercise due care in making the certification. The requirements concerning certification may be found at 49 CFR Part 567.

4. What government costs/fees are associated with seeking approval to

market a vehicle in America?

As explained above, the United States does not have an approval system.

5. Is there a classification system for vehicle types under U.S. Federal standards?

There is a classification system for motor vehicle types. Examples of classifications are passenger cars, trucks, and multipurpose passenger vehicles. These terms are defined at 49 CFR S571.3.

6. In instances where our Australian design rule standards are based on FMVSS rules, would testing done in Australia to FMVSS standards be acceptable in America?

As discussed above, there is no requirement in the United States that manufacturers submit test data for approval. Instead, manufacturers must exercise due care in certifying their compliance with the FMVSS. In appropriate cases, manufacturers may be a ble to rely on testing done in Australia to certify compliance with some United States safety standards.

7. Is there any requirement for testing laboratories to meet specific standards for compliance with FMVSS standards?

There is no explicit requirement that testing laboratories meet specific standards. However, an element of the due care that manufacturers must exercise in certifying compliance with FMVSS would be to use appropriate testing laboratories.

8. What requirements exist for the retention and/or submission of test data to American Federal agencies?

As mentioned above, manufacturers are not required to submit test data to have their vehicles approved. However, manufacturers would be well advised to retain such data as evidence of their due care in certifying compliance with the FMVSS. In addition, manufacturers must retain records concerning nonconformity with the FMVSS and possible defects relating to motor vehicle safety. Requirements concerning record retention may be found at 49 CFR Part 576.

9. In Australia, compliance with certain FMVSS standards will be accepted as compliance with Australian standards in some instances (subject to actual test data being submitted to the Australian authorities). Does such an arrangement exist in America?

As discussed above, manufacturers are not required to submit test data as part of any vehicle approval process. Manufacturers, in their exercise of due care in certifying compliance with the FMVSS, may rely on compliance with Australian standards in app ropriate instances. This would be most appropriate when the Australian standard is identical to the FMVSS requirement.

You also asked if there is other information about which your client should be aware. Your client should know that all manufacturers

headquartered outside of the United States must designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders, and decisions. This designation is to be mailed to the Chief Counsel of NHTSA. In accordance with 49 CFR S551.45, the designation must include the following information:

1. A certification that the designation is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;

2. The full legal name, principal place of business, and mailing address of the manufacturer;

3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear his name;

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;

5. A declaration of acceptance duly signed by the agency appointed, which may be an individual, a firm, or a U.S. corporation; and

6. The full legal name and address of the designated agent.

7. The signature of one with authority to appoint the agency. The signer's name and title should be clearly indicated beneath his signature.

I have enclosed, for your review, a designation letter which has been accepted by the agency.

In addition, your client should know that the Vehicle Safety Act requires manufacturers to notify purchasers concerning safety-related defects and failures to comply with the FMVSS and to remedy such defects and noncompliances without charge. Please ref er to 49 CFR Parts 573, 577, and 579 for further details.

We are enclosing an information sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." This document highlights the major regulatory provisions that may be applicable to your client.

I hope that you find this information useful. Please feel free to contact us if you have any further questions.