Interpretation ID: nht81-1.2

DATE: 01/02/81

FROM: AUTHOR UNAVAILABLE; Frank Berndtn; NHTSA

TO: Bennett Goldworth

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of December 8, 1980, reporting your conversation with Mr. Vinson of this office and asking for a clarification of your status as a seller of a foreign car that does not meet the Federal Motor Vehicle Safety Standards. You purchased the car, a 1980 Volkswagen Rabbit, from Meir Halifa, an Israeli diplomat who imported it from Canada.

A diplomat is allowed to import a non-conforming vehicle into the United States pursuant to a written declaration that it will not be sold for use on American roads. Sale by Mr. Halifa for such use is an apparent violation of the National Traffic and Motor Vehicle Safety Act. But your purchase and sale of the vehicle, and any subsequent purchase and sale is not prohibited by the Act. Nor is there any legal obligation under the Act for a person other than the original seller, Mr. Halifa, to conform the vehicle to American specifications.

I hope this answers your questions.

SINCERELY,

Mallamud - Finkelstein Associates, Inc.

December 8, 1980

Frank Berndt Chief Counsel National Highway Traffic Safety Administration

Dear Mr. Berndt:

Mr. Vicent advised me to write to you concerning my problem.

I recently purchased a 1980 Volkswagon Rabbit from Meir Halifa, an Israeli diplomat. He had purchased the car in Canada, and the car had never been converted to meet United States specifications.

I am in the process of selling the car to a dealer, However, before he will accept the car in a trade- he would like a letter stating that I, as well as any subsequent owners will in no way be liable for Mr. Halifa's mistake and therefore not responsible for converting the car to U.S. specifications. From what I understand, Mr. Halifa is in Israel, but I understand it it out of my control as to whether you do prosecute or not. I would appreciate if you send the letter to me at 16 West 16th Street, N.Y. 10011. If you have any questions speak with Mr. Vincent, or contact me at (212) 765-2130.

Thank you for giving this your prompt consideration.

Bennett Goldworth