Interpretation ID: nht87-1.23
TYPE: INTERPRETATION-NHTSA
DATE: 01/16/87
FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA
TO: Peter Cameron-Nott
TITLE: FMVSS INTERPRETATION
TEXT:
Mr. Peter Cameron-Nott 90 Horace Street Startford, CT 06497
Dear Mr. Cameron-Nott:
This is in reply to your letter of December 7, 1986, with respect to kit cars.
Your first question concerns a 1965 Jaguar that has been rebodied but carries its original mechanical components, title, and identification number. The National Traffic and Motor Vehicle Safety Act does not require conformance with the Federal motor vehi cle safety standards applicable to passenger cars if the passenger car to be imported into the United States was manufactured before January 1, 1968. However, certain of these standards cover vehicle components, and if the relevant components have been m anufactured on or after January 1, 1968, these components would be subject to the applicable Federal safety standard. These components include brake hoses, lighting equipment, tires, retreaded tires, glazing materials (most importantly, the windshield mu st be marked AS-1), seat belt assemblies, and wheel covers (which may not incorporate winged projections). Although the 1965 Jaguar would have a new body, by retaining its original mechanical components, title, and identification number, it would be cons idered a 1965 model and not subject to the Federal motor vehicle safety standards applicable to passenger cars. But if any of the equipment listed above has been manufactured after January 1, 1968, those items must comply in order to be imported into thi s country.
You have asked how the situation would differ were the rebodied Jaguar a 1972 model, the other facts being identical. We would consider this car " a 1972 model, and required to conform to all Federal motor vehicle safety standards that applied on the dat e of its original manufacture. Conformity could be achieved either before or after its importation into this country.
Your second question concerns "a kit car consisting of both new and used components i.e. new body/chassis and used mechanicals from various sources including Ford/Triumph and M.G." You have reported EPA's position that the year of the engine determines what standards are to be met, and you have asked if these are also DOT's requirements. The age of the engine is not the determining factor with us. Generally, the agency considers a kit car consisting of a new body and new chassis to be a new motor vehicle, and required to meet all Federal motor vehicle safety standards applicable to new passenger cars as of the date of its assembly, even if some of its mechanical components have been used previously . This means that such components must not prevent the assembled vehicle from meeting those standards.
If you have further questions we would be pleased to answer them.
Sincerely,
Erika Z. Jones Chief Counsel
Ms. Erika Jones Chief Counsel 12/7/86 N.H.T.S.A. 400 7th St S.W. Washington D.C. 20590
Dear Ms. Jones:
I recently spoke to Mr. John Donaldson at D.O.T and he recommended that I write to you concerning importation of rebodied and kit vehicles. There are some points upon which I would request further clarification.
I wish to import the following vehicles:
#1 1965 Jaguar that has been rebodied but still using original mechanical components. i.e. new body and original Jaguar mechanicals including suspension, steering, brakes, transmission etc.
The chassis carries the original 1965 Jaguar I.D. # and is titled accordingly i.e. 1965 Jaguar two seat convertible and 1965 I.D. #.
In addition what standards are applicable if the rebodied vehicle is for example a 1972 Jaguar and titled as such?
#2 A kit car consisting of both new and used components i.e. new body/chassis and used mechanicals from various sources including Ford/Triumph and M.G.
E.P.A. has informed me that in these cars the rebodied 65 jaguar is exempted because it was originally manufactured prior to 1968 but the 1972 Jaguar must be certified to 1972 standards. And for the kit car the year of the engine in the vehicle determine s what standards must be met. Are these also the requirements of D.O.T.?
Your clarification of these points would be greatly appreciated.
Sincerely Yours,
Peter Cameron-Nott