Interpretation ID: nht68-1.31

DATE: 07/03/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Horseless Carriage Corp.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of June 11, 1968, concerning the applicability of Federal motor vehicle safety standards to motor vehicles which have a curb weight of 1000 pounds or less.

Your reference to section 255.7 of the Federal motor vehicle safety standards and the present applicability of the standards to motor vehicles 1000 pounds or less curb weight is correct. However, we are enclosing a copy of an Advance Notice of Proposed Rule Making, Docket No. 5-1, which was published in the Federal Register on October 14, 1967. As you can see from the Advance Notice of Proposed Rule Making, the Administrator is considering adding new standards applicable to motor vehicles of 1000 pounds or less curb weight.

Sincerely,

HORSELESS CARRIAGE CORP.

June 11, 1968

Administrator Federal Highway Administration

ATTENTION: Robert M. O'Mahoney Assistant Chief Counsel

Gentlemen:

Thank you for the attention and assistance found in your letter of 31 May.

In reviewing the Federal Motor Vehicle Standards, we note that sub-part 255.7, "Applicability", paragraph (a) "General", specifies that the standards apply to ". . . motor vehicles over 1000 pounds curb weight; . . .".

Since our Replica antique automobiles have a curb weight of less than 350 pounds, it would appear that by definition and reference they are excluded, which obviates our petitioning for exemption under PL 90-283.

We would appreciate your comment or interpretation.

Very truly yours,

Ferris M. Smith, Jr. -- President