Interpretation ID: 9352
AV Technology Corp.
2340 Alger
Troy, MI 48083
Dear Mr. Tweddle:
This responds to your request for an interpretation whether AV Technology's armored vehicle is subject to the Federal Motor Vehicle Safety Standards (FMVSSs). As explained below, a vehicle manufactured to U.S. Army contract specifications, and sold to the Army, is not subject to the FMVSSs.
In your letter, you explained that AV Technology is in the process of responding to a Department of the Army draft specification for an armored security vehicle. AV Technology proposes to offer its Dragoon ASV, an armored security vehicle, with a weapon carrying capability. Your letter states that the Dragoon ASV would be built to U.S. Army specification MIL-STD-1180. In a telephone conversation with Dorothy Nakama of my staff, you stated that the Dragoon ASV would also be built to other applicable military specifications.
The FMVSSs' applicability to vehicles manufactured for and sold to the U.S. military, is addressed at 49 CFR 571.7(c):
(c) Military vehicles. No standard applies to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications.
You stated the Dragoon ASV would be manufactured to all applicable military specifications, specified by the Army. The Army is part of the "Armed Forces." Thus, when manufactured to Army contractual specifications, and sold to the Army, the Dragoon ASV is not subject to the FMVSSs.
If you have any questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.
Sincerely,
John Womack Acting Chief Counsel ref:571 d:3/17/94