Interpretation ID: nht69-2.41

DATE: 04/23/69

FROM: AUTHOR UNAVAILABLE; Robert Brenner; NHTSA

TO: IFFISA

TITLE: FMVSR INTERPRETATION

TEXT: We regret the delay in replying to your letter of January 15, 1969, to Dr. William Haddon, Jr., concerning regulations applicable to replicas of antique automobiles which you manufacture.

As a general rule, motor vehicles manufactured on or after January 1, 1968, must comply with all applicable Federal Motor Vehicle Safety Standards in order to be imported into the United States. Section 114 of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) requires that manufacturers permanently affix a tag or label to the motor vehicle certifying that the motor vehicle conforms to all applicable Federal Motor Vehicle Safety Standards (FMVSS) established under authority of Section 103 of the Act. Your vehicles would properly be classified as passenger cars. Thus the FMVSS applicable to this classification would apply. The above standards are currently applicable only to motor vehicles over 1,000 pounds curb weight. Curb weight includes a full bad of engine fuel, oil, and coolant as defined in 49 CFR 371.3. In accordance with a proposed rule making published in 32 FR, page 14282, October 14, 1967, the Administrator is considering adding new standards applicable to motor vehicles of 1,000 pounds or less curb weight, and revising certain of the initial standards to extend their applicability to these motor vehicles. Comments have been received from industry and a discussion paper on the subject prepared. This discussion paper will be mailed to industry in the near furture, together with a notice of a meeting to be held on the subject. Your name is being added to the mailing list for this information.

19 CFR 12.80, Importation of Motor Vehicles and Items of Motor Vehicle Equipment, was jointly issued and published by the Secretary of Transportation and the Secretary of Treasury in implementation of Section 108(b)(3) of the Act. This regulation makes provision for importation of certain motor vehicles not conforming to the Federal Motor Vehicle Safety Standards, subject to specific conditions.

An amendment to the Act has granted authority to the Secretary of Transportation, based upon certain specified findings, to exempt temporarily, a limited production motor vehicle from any Federal Motor Vehicle Safety Standard. A limited production motor vehicle is defined as a motor vehicle produced by a manufacturer whose total motor vehicle production, as determined by the Secretary, does not exceed 500 annually. It is to be noted, however, that exemptions are granted to the person actually producing the motor vehicle, not to the importer or distributor of such motor vehicle. Regulations for petitioning for an exemption are contained in 49 CFR 355.5.

In the United States, motor vehicles are licensed for operation by each of the states and the District of Columbia. A letter addressed to the State Department of Motor Vehicles in the capitol city of the states in which you intend marketing your product, should reach an individual who can provide you with information regarding state licensing requirements.

While you did not inquire about Federal regulations concerning control of anti-pollution emission devices, this is another area of possible effect in your situation. These regulations are not the responsibility of the Department of Transportation but of the Department of Health, Education and Welfare. By copy of this letter, Mr. William H. Megonnell, Associate Commissioner for Standards and Compliance, Department of Health, Education and Welfare, National Air Pollution Control Administration, BCT, 801 North Randolph Street, Arlington, Virginia, 22203, is being requested to forward such information as he deems appropriate.

Publications of the Socity of Automotive Engineers (SAE), including copies of SAE Standards, may be obtained by writing to: Society of Automotive Engineers, Inc., 2 Pennsylvania Plaza, New York, New York, 1001.

For your information and guidance, enclosed are copies of the Act, as amended; the Federal Motor Vehicle Safety Standards, (49 CFR 351, 353, 355 and 371); 19 CFR 12.80, Importation of Motor Vehicles and Items of Motor Vehicle Equipment; Declaration Form HS-7, Importation of Motor Vehicles and Motor Vehicle Equipment Subject to Federal Motor Vehicle Safety Standards and the proposed rule making, Docket 5-1.

ENCLOSURES