Interpretation ID: nht68-2.30

DATE: 10/23/68

FROM: AUTHOR UNAVAILABLE; Edward E. Reich; NHTSA

TO: A.J.J. Enterprises Inc.

TITLE: FMVSR INTERPRETATION

TEXT: I am pleased to reply to your letter of October 11, 1968, concerning the importation of a privately purchased foreign motor vehicle.

The Air Quality Act and Federal regulations issued pursuant to it do not apply to used motor vehicles or foreign model vehicles which are imported for personal use, rather than sale or resale. Section 212 of the Air Quality Act, defines a "new motor vehicle" as a "motor vehicle the equitable or legal title to which has never been transferred to the ultimate purchaser . . ." Therefore, if you in good faith purchased an automobile for purposes other than resale, the automobile would not be considered a "new motor vehicle" for purposes of the Act and would not be subject to Federal motor vehicle pollution control requirements. (A copy of the Air Quality Act and appropriate regulations are enclosed for your convenience.) Therefore, you may obtain entry of your vehicle by simply signing a Customs declaration to the effect that the vehicle is not subject to the provisions of the Air Quality Act.

It should be noted that the above relates only to Federal requirements under the Air Quality Act. It implies no opinion as to the possibility of a State law or regulation requiring that 1968 and subsequent model year motor vehicles must be equipped with air pollution control devices. We caution that entry of uncontrolled vehicles for operation in the United States carries the hazard that eventually such vehicles may be barred from use under State law unless suitably altered.

If it is your intention to register your automobile in the State of Hawaii, it may be in your interest to contact officials of that State for information concerning its registration requirements. The official you should contact is:

Mr. Robert S. Nekomoto, Supervisor Air Sanitation Section Health Engineering Branch Environmental Health Division Department of Health P. O. Box 3378 Kinau Hale, Honolulu, Hawaii 96801

Concerning your desire to obtain information regarding required safety devices necessary for importation into the United States, we are referring your letter to Mr. Lowell K. Bridwell of the Department of Transportation and you should expect an answer directly from him.

I hope you find this information helpful. If I can provide any further assistance, please let me know.

A.J.J. ENTERPRISES, INC.

October 11, 1958

Surgeon General Dept. of Health, Education. & Welfare

I am very much in need of informations on how I go about bringing in a special made car for my car rental in Waikiki, Hawaii.

I have spoken to Daihatsu Manufacturer in Japan and they will make me a Beach Buggie with a total weight of 960 lbs.

I have spoken to the Customs Department here in Hawaii and they said I need a letter from the Federal Highway Administration and Surgeon General, Department of Health.

Please supply me with the information I need.

Sincerely,

Alfred J. Johansen, President