Interpretation ID: nht72-6.28

DATE: 12/19/72

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Goldwater and Flynn

COPYEE: ROBERT F. STONE -- REGION II

TITLE: FMVSR INTERPRETATION

TEXT: Robert F. Stone of the National Highway Traffic Safety Administration's regional office has asked us to respond to the questions you raised in your telephone conversation with him on December 4.

As I understand it, your three questions are:

1. Has the Secretary established standards for vehicles in use?

2. What are Federal sanctions if the first purchaser of a domestically-manufactured motor vehicle removes safety equipment, and if he subsequently sells the vehicle lacking such equipment?

3. Is the answer to question 2 any different if the vehicle is a used one of foreign manufacture imported in full compliance with 19 CFR @ 12.80?

The answers provided you by Mr. Stone are essentially correct. No standards have been established for vehicles in use. The first purchaser of a motor vehicle for purposes other than resale or any subsequent purchaser, may remove any item of Federally-mandated safety equipment on the motor vehicle, regardless of the vehicle's place of manufacture, and he may sell the vehicle as altered, without violating the National Traffic and Motor Vehicle Safety Act of 1966.

SINCERELY,