Interpretation ID: nht93-3.18

DATE: April 26, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA

TO: Arvind V. Rajan -- Vice President, Marketing and Planning, Solectria Corporation

TITLE: None

ATTACHMT: Attached to letter dated 3-30-93 from Arvind V. Rajan to John Womack (OCC 8505)

TEXT: We have received your letter of March 30, 1993, asking for confirmation that Solectria Corporation is permitted to import nonconforming motor vehicles for conversion to electric power, provided that the vehicles will be exported immediately following conversion. The vehicle you wish to import is the Suzuki Swift, similar to the Suzuki Swift that has been certified by its manufacturer for sale in the United States, except that the steering column is on the right hand side, and that it has not been certified.

There is no section of the importation provisions of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) that directly permit the importation of nonconforming vehicles for purposes of repair or alteration. Obviously, the failure of such vehicles to comply with the Federal motor vehicle safety standards poses no risk of traffic accidents, or deaths and injuries resulting from such accidents if these vehicles are never driven on the public roads. In these instances, the agency tries to provide an interpretation of the Act that is consistent with both the purpose of the Act and the facts at hand.

Section 108 (b)(3) of the Act (15 U.S.C. 1397(b)(3)), in effect, allows importation of a nonconforming motor vehicle "intended solely for export, and so labeled or tagged on the vehicle ... and on the outside of the container, if any, which is exported." As the legislative history of this section makes clear, "(t)his legislation does not purport to establish standards for motor vehicles ... to be used entirely outside the United States." (House Report 1776, page 24). Section 108(b)(3) has been implemented by 49 CFR 591.5(c). We believe that, under the facts as described in your letter, it would be appropriate for Solectria to import nonconforming Suzuki Swifts for conversion to electric power pursuant to paragraph 591.5(c). The vehicles have not been imported for use on the American roads, but solely for export following their conversion. We assume that Solectria will label the converted vehicles and their containers, if applicable, in accordance with the regulatory requirement.

If we may help you in any other way, please let us know.