Interpretation ID: 86-5.44

TYPE: INTERPRETATION-NHTSA

DATE: 11/13/86

FROM: FRANCIS ARMSTRONG -- DIRECTOR OFFICE OF VEHICLE SAFETY COMPLIANCE ENFORCEMENT NHTSA

TO: PETER CAMERON

TITLE: NEF 32GSH

ATTACHMT: ATTACHED TO LETTER DATED 08/10/88 TO PETER CAMERON FROM ERIKA Z. JONES, REDBOOK A32; LETTER DATED 06/01/88 TO ERIKA Z JONES FROM PETER CAMERON; OCC - 2120

TEXT: Dear Mr. Cameron:

This is in response to your recent request for information concerning legislation and regulations pertaining to the manufacture/importation of motor vehicles.

As a general rule, all motor vehicles must comply with the applicable Federal Motor Vehicle Safety Standards (FMVSS) in effect on the date of manufacture. Refer to the enclosed Form HS-189 for the general requirements of the FMVSS.

Section 114 (15 USC 1403) of the National Traffic and Motor Vehicle Safety Act of 1966 (th Act) and Title 49, Code of Federal Regulations, Part 567, (49 CFR 567), require that the manufacturer permanently affix a tag or label to a motor vehicle certifying that it conforms to all applicable FMVSS.

If you determine in good faith that any vehicle manufactured by you does not conform with an applicable FMVSS or contains a safety-related defect, section 151 (15 USC 1411) of the Act requires that you furnish notification to the Secretary and to owners in accordance with section 153 (15 USC 1413) and to remedy without cost the failure to conform or defect in accordance with section 154 (15 USC 1414).

You should also note that under 49 CFR 566, you are required to submit certain idntifying information and a description of your product to the Administrator, National Highway Traffic Safety Administration.

Prior to offering a motor vehicle or item of motor vehicle equipment form importation into the United States, a foreign manufacturer is required to register an "Agent-for-Service" of process as set forth in 49 CFR 551 45 as well as furnishing the information required by 49 CFR 566.

Federal Regulations concerning anti-pollution emission control devices are not the responsibility of the Department of Transportation. For guidance in this area, it is suggested that you write the Environmental Protection Agency, Director, Mobile Source Enforcement Division, 401 M Street, S.W., Washington, DC 20460.

[If at the time of importation the vehicle is in a kit form items of equipment contained therein for which there is an applicable standard must be certified at the time of importation. They are FMVSS Nos. 106, 109, 116, 205, 209, 211, and 213.]

Generally, completely assembled kit cars must meet all applicable FMVSS in effect on the date of manufacture in order to be imported into the United States.

You are advised to carefully examine the Act, the FMVSS, as well as other regulations listed below to insure that you fully understand the extent of the responsibilities you incur upon the manufacture of a motor vehicle or item of motor vehicle equipment for which there is an applicable FMVSS.

Enclosed for your information and guidance is a copy of the following:

1. The National Traffic and Motor Vehicle Safety Act of 1966 (15 USc 1381 et seq.)

2. 49 CFR 555, "Temporary Exemption from Motor Vehicle Safety Standards"

3. 49 CFR 567, "Certification"

4. 19 CFR 12.80, "Importation Regulations"

5. "Where to Obtain Motor Vehicle Safety Standards and Regulations"

6. Form HS-189, "General Requirements of FMVSS"

7. Two Letters of interpretation regarding kit cars.

8. Information for New Manufacturers of Motor Vehicle and Motor Vehicle Equipment.

Should you have other questions, please contact Mr. George Shifflet, a member of my staff, on telephone number 202-426-3876.

Sincerely,