Interpretation ID: nht87-1.55
TYPE: INTERPRETATION-NHTSA
DATE: 03/30/87
FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA
TO: Jack H. Whitney
TITLE: FMVSS INTERPRETATION
TEXT:
Mr. Jack H. Whitney 80 Hammersmith Bridge Road London W6 9DB England
This is in reply to your letter of November 14, 1986, with reference to the Asquith van that you wish to import into the United States from England and sell commercially.
You have asked the following questions:
"1. Does U.K. laminated glass meet D.O.T. regulations:"
Since the U.S. and U.K. glazing standards are not identical, U.K. laminated glass does not necessarily meet the U.S. Federal motor vehicle safety standards (FMVSS). Some glass manufactured in U.K. does meet our standard. It bears the required "AS" symbol and numerical designation (e.g., "AS-1" for windshields) and is incorporated in such British cars as Rolls-Royce and jaguar that their makers certify as complying with the FMVSS. Glazing manufactured in England without the AS symbol and numerical design ator presumptively does not comply.
"2. Can I carry passengers?"
"3. Can I haul goods in the back?"
Federal safety standards do not regulate your use of the vehicle; thus, as far as our standards are concerned, you are free to decide whether to carry passengers, haul cargo, or both. However, certain design aspects of the vehicle may affect the category of the vehicle for purposes of compliance with the Federal motor vehicle safety standards. We define a truck as a vehicle "designed primarily for the transportation of property or special purpose equipment." Load-carrying vehicles are generally certifie d as "trucks" and comply with safety standards applicable to that category. A multipurpose passenger vehicle" is one that is "designed to carry 10 persons or less and which is constructed either on a truck chassis or with special features for occasional off-road operation. Many vans in the U.S. are certified as "multipurpose passenger vehicles." If a vehicle is neither constructed on a truck chassis nor has features for off-road use, but is designed for carrying 10 passengers or less it is a "passenger or less it is a "passenger car."
4. Once the van passes all D.O.T. and E.P.A. regulations, can it still be used on the road like any other vehicle?
Whether a vehicle nay be used on the public roads is a matter determinable under State law -- specifically the laws of any State where it will be licensed or driven. Generally, when a vehicle complies with D.O.T. and E.P.A. regulations, there should be n o problem in registering and operating it. However, we are not familiar with State laws covering replica vehicles like the Asquith.
"5. Without the engine assembly is my van considered a van, kit car or what?"
For purposes of importation into the United States, a vehicle without an engine is considered an assemblage of items of motor vehicle equipment. Any items in the assemblage that are directly covered by a Federal motor vehicle safety standard (i.e., brake hoses, brake fluid, lighting equipment, tires, glazing, seat belt assemblies, and wheel covers) must meet, and be certified as meeting, the applicable U.S. standard.
In reply to your final request, there are no printed forms for petitions for exemptions from the Federal safety standards. An applicant is expected to provide the information specified in 49 C.F.R. Part 555, in the order given. This regulation is contain ed in the volume referenced in our correspondence with Mr. Reed of May 2, 1986.
The following is a listing of those requirements that must be completed before shipments begin. You must:
1. Appoint an agent for service of process in accordance with Title 49, Code of Federal Regulations, Part 551 (49 CFR 551).*
2. Assign a vehicle identification number to your vehicles as required by 49 CFR 565 and Federal Motor Vehicle Safety Standard (FMVSS) No. 115.*
3. Provide information as specified in 49 CFR 566, "Manufacturer Identification."*
4. Certify conformity by adding a label meeting the form, order, and location requirements of 49 CFR 567.
5. Maintain a list of first purchasers for purposes other than resale of your vehicles (section 158(b) of the National Traffic and Motor Vehicle Safety Act, 15 USC 1418(b)).
6. Build to conform to applicable Federal Motor Vehicle Safety and Bumper Standards. Passenger cars must also meet theft prevention standards, if applicable.
7. Maintain a record of tires on your vehicles (49 CFR 574)."*
8. Provide consumer information (49 CFR 575), if applicable.
9. File a form HS-7 with the U.S. Customs Service at the port of entry. Only one form with each shipment is required.
10. Provide "Automotive Fuel Economy Reports" (49 CFR 537 ), if applicable.
If you determine in good faith that any vehicle manufactured by you does not conform with an applicable FMVSS or contains a safety-related defect, section 151 (15 USC 1411) of the Act requires that you furnish notification to the Secretary and to owners in accordance with section 153 (15 USC 1413) and to remedy without cost the failure to conform or defect in accordance with 154 (15 USC 1414). Details are contained in 49 CFR 573, 576 and 579.
We do not have "application forms." Those regulations requiring information from your company are identified by an asterisk.
We are enclosing the following pertinent publications:
1. The Act
2. 19 CFR 12.80, "Regulations for Motor Vehicle Importation"
3. "Order Form" for Title 49, Code of Federal Regulations, Parts 400-999
4. "Where to Obtain Motor Vehicle Safety Standards and Regulations"
5. 49 CFR 551, "Procedural Rules"
6. 49 CFR 573, "Defect and Noncompliance Reports"
7. 49 CFR 576, "Record Retention"
8. 49 CFR 579, "Defect and Noncompliance Responsibility"
9. Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment
If we may be of further assistance, please let us know.
Sincerely,
Erika Z. Jones Chief Counsel
Ms. Erika Z. Jones Chief Counsel U.S. Dept. of Transportation National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590 U.S.A.
Dear Ms. Jones,
Mr. Crispin Reed gave me your name. I am purchasing and importing one of their Shire'vans. Hopefully the vehicle will arrive in Florida in April of next year.
The vehicle will solely belong to me and will arrive without an engine, transmission, exhaust system, etc. I then, with the help of the Ford Motor Company, have installed, a new Ford Mustang engine assembly so I will comply with all EPA regulations.
I have been appointed an agent of the Asquith Motor Carriage Co. to sell future Shire vans to the U.S. market.
Because of the excellent quality of these vehicles and the potential sales and advertising abilities, I am now receiving help from the Florida Dept. of Commerce and the Broward Economic Development Board.
The first van will have two front seats and one large back seat. All the glass will be laminated and it will have a bulkhead separating the passenger area from the back cargo area. It will have winkers front, back and all sides. The chassis and hub and b rake assembly will be the brand new Ford Transit 100LWB.
The question I have on my van will certainly help to cut costs, time and save from doing thing incorrectly or twice, to meet current D.O.T. safety regulations: 1) Does U.K. laminated glass meet D.O.T. regulations? 2) Can I carry passengers? 3) Can I hau l goods in the back? I will be manufacturing furniture in Florida. 4) Once the van passes all D.O.T. and E.P.A. regulations, can it still be used on the road like any other vehicle? 5) Without the engine assembly is my van considered a van, kit car or what?
As for the other future vans, I would be grateful if you could send me (by air mail) the necessary forms required (exemption petitions) so the manufacturer and I can fill them out now, because of the four month waiting period mentioned in your letter dat ed May 2nd.
I want to do this thing correctly cause I would hate to be stuck with a $40,000 van that I couldn't drive.
On the other future vans, Mr. Reed has given me all of your past correspondence and the microfiches you kindly sent him. I shall be looking at them this week.
I assure you have our brochure. The van is 78" wide & 16 1/2 foot long.
*Not for hire.
Yours Sincerely,
Jack H. Whitney