Interpretation ID: nht75-4.46

DATE: 09/17/75

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Department of the Army

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of August 29, 1975, in which you ask whether the exemption provided by 49 CFR @ 571.7(c) applies to all commercial vehicles manufactured for and sold directly to the Armed Forces of the United States.

All vehicles (including commercial vehicles) meeting the definition of "motor vehicle" in section 102(3) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1392(3)) that are manufactured for, and sold directly to, the Armed Forces of the United States in conformity to contractual specifications are exempt from the Federal Motor Vehicle Safety Standards under 49 CFR @ 571.7(c).

We hope this information is of assistance.

SINCERELY,

DEPARTMENT OF THE ARMY

UNITED STATES ARMY TANK AUTOMOTIVE COMMAND

AUGUST 29, 1975

James C. Schultz Chief Counsel US Department of Transportation National Highway Traffic Safety Administration

The advice provided by your letter of 6 June 1975 (copy attached) was sincerely appreciated and resolved the specific matter of the application of the Federal Motor Vehicle Safety Standards (FMVSS) to Commercial Construction Equipment sold directly to the Armed Forces.

We would appreciate your further advice concerning applicability in the case of commercial vehicles (other than commercial construction) sold directly to the Army. These would include such items as commercial truck tractors.

More specifically our inquiry is with regard to the applicability of the exemption stated in Section 571.7(c) to all commercial vehicles manufactured for and sold directly to the Armed Forces of the United States.

Thank you for your assistance in this matter.

ALBERT A. DAWES

Chief, Procurement Law Division