Interpretation ID: nht93-5.45

TYPE: Interpretation-NHTSA

DATE: August 3, 1993

FROM: Maine E. Peace -- Supervising Revenue Officer, State of Washington, Dept. of Revenue

TO: Robert Hellmuth -- Director, Vehicle Safety Compliance, DOT

TITLE: None

ATTACHMT: Attached to letter dated 2/3/94 from John Womack to Maine E. Peace (A42; Part 591; VSA Sec. 108(a)(1)(A); VSA Sec. 108(a)(2)(A))

TEXT:

I AM A SUPERVISOR FOR THE WASHINGTON STATE DEPARTMENT OF REVENUE IN BELLINGHAM, WASHINGTON.

I HAVE WORKED CLOSELY WITH U.S. CUSTOMS, U.S. BORDER PATROL, AND THE CANADIAN R.C.M.P. ON CUSTOMS VIOLATIONS AND VIOLATIONS OF WASHINGTON STATE LAW REGARDING THE POSSESSION AND TRANSPORTATION OF ILLEGAL CIGARETTES THROUGH WASHINGTON STATE FOR EVENTUAL SALE IN CANADA ON THE BLACK MARKET.

MY PROBLEM BEGINS WHEN A SUSPECT IS APPREHENDED IN WASHINGTON STATE. THE INDIVIDUAL IS ARRESTED, THE CIGARETTES CONFISCATED AND THE VEHICLE SEIZED. SELLING SEIZED CANADIAN VEHICLES HAS BECOME A PROBLEM AS UNLESS I CAN GENERATE SOME INTEREST BY ADVERTISING IN CANADA, I AM STUCK WITH THE VEHICLE AND THE COST OF TOWING AND STORAGE WITH NO LOCAL MARKET AVAILABLE TO SELL THE SEIZED VEHICLES.

I AM REQUESTING YOUR AGENCY PROVIDE AUTHORITY FOR THE DEPARTMENT OF REVENUE TO SELL THE VEHICLES LOCALLY, EVEN THO THEY WERE MANUFACTURED IN CANADA, PROVIDING OF COURSE THE VEHICLES MEET MOST IF NOT ALL THE STANDARDS REGULATED BY YOUR AGENCY REGARDING VEHICLE SAFETY.

THE VEHICLES IN QUESTION WERE SEIZED AS THE METHOD OF TRANSPORTING ILLEGAL GOODS THROUGH WASHINGTON AND NOT IMPORTED FOR SALE OF PERSONAL USE BY AN INDIVIDUAL OR COMPANY DOING BUSINESS IN THE U.S.

ANY ASSISTANCE AND ADVISE YOU CAN PROVIDE WILL BE MOST APPRECIATED.