Interpretation ID: nht80-3.45

DATE: 09/10/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Terry M. Bennett

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 12, 1980, concerning your importation of three passenger cars that do not comply with Federal motor vehicle safety standards.

You sought to import these vehicles under 19 CFR 12.80(b)(1)(vii) but Customs required you to enter them under bond, pursuant to 12.80(b)(1)(iii) which requires that they be brought into compliance with all applicable Federal motor vehicle safety standards. You have asked to be allowed to enter these cars under 12.80(b)(1)(vii). According to your letter, you are a collector of cars which are in storage, residing and working at present in Saudi Arabia, keep three registered cars in the U.S. for the use of you and your wife while you are here, and state that you never drive the cars in your collection.

Section 12.80(b)(1)(vii) allows importation of a vehicle without conformance if it is brought in for purposes of show, test, experiment, competition, repairs, or alteration. I see nothing in your letter indicating eligibility for importation under any of these allowances. Certainly the vehicles have not been imported for purposes of "show" which we interpret as available for inspection by the public as part of a static display. Accordingly, we are unable to grant your request.

(Illegible Word) the interest of accuracy, you should know that our records, (Illegible Word) by the manufacturer, indicate that the "1968" BMW (Illegible Word) CS coupe you say was "sold to me as 1967" was, in fact, the last of that model manufactured in the month of June 1969.

SINCERELY,

AUGUST 12, 1980

Chief Counsel's office National Highway Safety (Traffic Safety) DOT

Dear Sir:

Pursuant to a conversation with Mr. George (Illegible Word) of your department I am writing to you to request a review of my situation vis a vis 3 recently imported non conforming automobiles.

The vehicles in question are:

1) 1968 BMW 2000 CS Coupe serial # 1109557 (sold to me as 1967 in South: Arabia) 2) 1975 Fewari 365BB Coupe serial # F102BB18197

3) 1975 Lamberghini Contach coupe serial # 112-0088

These vehicles were imported under U.S. customs file # ENF 4-05 NF RS through the port of Newark.

Customs, at Newark, forced my representative to change the import form category from category 7 to category 3. Stating that I was not a "registered (Illegible Word)".

I am a certifiable "carnut", and have collected cars since I was a small boy. I own more than 35 cars, many of which are stared in the facility in Gloucester (photo enclosed) my cars are mostly old, beginning with a 1905 (Illegible Word) Belleville. I keep 3 cars registered for the use of my wife and myself while we are in the USA on holiday, and certainly have no need to use a noncomforming car at any time.

I would very much appreciate it, if you would review this situation and allow me to exchange the entry status of these 3 cars to category 7.

I have posted a bond against use on the highway, in nonconforming status, I am willing to live with that.

Further, I am perfectly willing for your inspectors to drop in at any (Illegible Word) moment and inspect these vehicles to assure themselves that they are not being operated.

As I said I reside and work in Saud: Arabia. I am seldom here, never drive these cars, and fully intend to abide by the letter of the law.

Please allow me to change their status. I am faced with $ 30,000 in expenses to have (Illegible Words) only to sit in the same garage until I return at some unknown time in the future.

I will be in the USA until Aug 30, on holiday. Could you try to reach a decision by then and let me know? Thank you. Help!

Terry M. Bennett M.D

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