Interpretation ID: nht70-1.42

DATE: 02/10/70

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Christopoher W. Norton

TITLE: FMVSR INTERPRETATION

TEXT: The Chief Counsel of the Federal Highway Administration has asked me to reply to your letter of February 3 regarding importation of a Lotus Super 7, either(Illegible Word) form or already(Illegible Word). Since you state that the car "does not conform to current safety . . . regulations", you may be best advise(Illegible Words) Importation of a lot of individual motor vehicle equipment items is permissible, but if brake hoses, tires, brake fluid, glazing materials, seat belt assemblies, or wheel covers are provided, each must get the applicable Federal motor vehicle safety standard. The vehicle as assembled from kit items must meet other Federal standards applicable to the vehicle itself. You, as(Illegible Words) in the United States, would be regarded as the manufacturer and responsible for compliance with these standards, and subject to the(Illegible Word) or a civil penalty upon any(Illegible Words). I enclose for your information a copy of the National Traffic and Motor Vehicle Safety Act of 1968 and a booklet which describes the Federal standards. The full text of the standards is available, upon a yearly subscription basis of(Illegible Word) from the U.S. Government Printing Office, Washington, D.C. 20402.

In the event that the car were assembled in England by a prvite garage, it would probably regard(Illegible Words) manufacturer of the vehicle. Lotus itself would not be eligible to apply for a temporary exemption from compliance with Federal standards since it manufactures more than 500 vehicles per year. Further, under(Illegible Words) we would not consider an assembler a manufacturer eligible to apply for the exemption.

The article you have read in the(Illegible Words) is incorrect. Any vehicle manufactured on or after January 1,(Illegible Word), and imported into the United States by a private individual(Illegible Words) to applicable Federal standards at time of entry or be brought into conformance within 90 days after entry. The Department of Health, Education and Welfare is responsible for enforcing the air pollution regulations. It is my impression however, that these regulations do not apply to an individual importing a vehicle for his own use and not for resale,

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ENCLOSURES