Interpretation ID: nht71-5.65

DATE: 12/17/71

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: FWD Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of November 18, 1971, requesting for twenty-six of your trucks a temporary exemption from Standard No. 206. You reported that these trucks represent the final units to be produced in two soon-to-be-discontinued cab styles.

We regret that we are unable to consider your request, since our authority under section 123 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1410) to grant such exemptions expired in April of this year.

Beginning January 1, 1972, the manufacture of any truck not in compliance with the standard will be prohibited. Section 108(a) of the Act provides that

"(no) person shall manufacture for sale . . . any motor vehicle . . . manufactured on or after the date any applicable . . . standard takes effect . . . unless it is in conformity with such standard . . ." (15 U.S.C. 1397)

The prohibition is enforceable by civil penalties under section 109 (15 U.S.C. 1398) and injunction under section 110 (15 U.S.C. 1349). In addition, in the event that a noncompliance were determined to be a safety-related defect, notification of the defect would have to be furnished under section 113 (15 U.S.C. 1402) to purchaser of the vehicle.

LET US KNOW IF WE MAY BE OF FURTHER ASSISTANCE.