Interpretation ID: aiam4861
Inc. 10231 Atlantic Boulevard Jacksonville
FL 32225;
"Dear Mr. Haywood: This responds to your letter of March 20, 1991 wit respect to 'the sale of a very limited number of specially built cars in the U.S.' Components would be manufactured by Porsche. The chassis would be 'a carbon fiber 962 racing tub' with a hand built body. The car could be imported either as an assembled vehicle or as a kit and assembled here. You have asked for information regarding 'low volume manufacturers exemptions from certain DOT regulations, emissions, passive restraints, bumper height, and all other pertinent information regarding manufacturing and sale of vehicles in the U.S.' You have not enclosed a photo of the car but your remark that the chassis is a 'racing tub' raises the possibility that the vehicle may be intended for racing purposes. Single-seat vehicles imported for competition on closed circuit courses and not used on the public roads are generally not 'motor vehicles' under the National Traffic and Motor Vehicle Safety Act, and no regulations apply to them. If you wish to pursue this possibility further, please send us more information on the vehicle. Assuming that the car is subject to the Safety Act, its manufacturer is eligible to apply for a temporary exemption from one or more of the Federal motor vehicle safety standards on several grounds. Exemptions of up to three years may be provided a manufacturer whose total motor vehicle production was 10,000 units or less in the year preceding the filing of its petition. Alternatively, exemptions of up to two years may be provided covering up to 2,500 vehicles per year if the manufacturer-petitioner can demonstrate that the exemption would facilitate the field evaluation of innovative safety features or low-emission vehicles, or if, in the absence of an exemption, the manufacturer would be prevented from selling a motor vehicle whose overall level of safety is at least equivalent to that of a vehicle complying with all the safety standards. However, the exemption authority extends only to the safety standards. The bumper height standard was issued under the authority of the Motor Vehicle Information and Cost Savings Act which contains no exemption provisions. The emission standards are issued by the Environmental Protection Agency, which is not part of the Department of Transportation, and you will have to contact them as to their requirements. If the intent is to import a fully assembled motor vehicle into the United States, at the time of entry it will have to bear the certification of its manufacturer that it complies with all applicable Federal motor vehicle safety, bumper, and theft prevention standards (the certification label must also list the standards from which exemptions may have been provided). If the intent is to ship the vehicle in a disassembled state for assembly by the purchaser or manufacturer's agent in the United States, and if the kit contains l00% of the parts necessary for assembly, we regard the foreign supplier as the 'manufacturer', responsible for ensuring compliance with all Federal requirements, including provision of certification. I enclose an information sheet with respect to the regulations that we administer, and will be pleased to answer any further questions you may have. If you prefer to telephone, Taylor Vinson of this Office will be able to help you (202-366-5263). Sincerely, Paul Jackson Rice Chief Counsel";