Interpretation ID: nht92-9.39

DATE: January 23, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA; Signature by Stephen P. Wood

TO: Richard Gray -- Secretary of Sports Car Club of New Zealand, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 11/11/91 from Richard Gray to Paul Jackson Rice (OCC 6724)

TEXT:

This responds to your letter asking for information about whether certain motor vehicles manufactured in the United States and imported into New Zealand comply with the requirements of the U.S. Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, and Standard No. 208, Occupant Crash Protection. You explained that the New Zealand Ministry of Transport (MOT) is introducing new vehicle safety standards in an effort to align New Zealand's standards with those of the United States, Europe, Australia, and the United Kingdom. To that end, you stated that the MOT is requiring importers to ensure that the vehicles they import meet the relevant safety standards of these countries. You further indicated that you are responsible for providing proof to the MOT that certain privately imported, "low volume vehicles" (built in numbers less than 200 per year) comply with the requirements of their country of origin, or that the country has a special exemption for low volume vehicles. Accordingly, you asked for clarification of Standards No. 205 and 208, and other Federal regulations, as they would be applied to these vehicles. I am pleased to be able to provide the following information.

In the case of the United States, section 103 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards for new motor vehicles and new motor vehicle equipment. NHTSA has exercised this authority to issue a number of safety standards. The Safety Act then requires that all motor vehicles and motor vehicle equipment manufactured or sold in, or imported into, the United States comply with the safety standards adopted by NHTSA. Specifically, S108(a)(1)(A) of the Safety Act provides:

no person shall manufacture for sale, sell, offer for sale, or introduce or deliver introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard and is covered by a certification issued under S114...

Generally speaking, then, to the extent that the vehicles you import are manufactured and sold in the United States, those vehicles would have to comply with all applicable safety standards, including Standards No. 205 and 208, regardless of the number of such vehicles produced by the manufacturer.

The fact that your letter is seeking proof that a motor vehicle ACTUALLY COMPLIES with applicable safety standards may, however, indicate a misunderstanding of the certification process in the United States. The process of certifying compliance with applicable safety standards under the Safety Act is substantially different than that used in many other countries. For instance, many European nations require manufacturers to deliver motor vehicles to a governmental entity for testing. After the governmental entity itself tests the vehicle, the government approves the vehicle and assigns an approval code. In countries using such a pre-sale approval certification process, the governmental entity would have specific information about the ACTUAL COMPLIANCE of vehicles with applicable standards.

In the United States, the Safety Act does not authorize NHTSA to do any pre-sale testing or approval of motor vehicles and motor vehicle equipment. Consequently, NHTSA does not have any "proof of actual compliance" of vehicles. Instead, the Safety Act establishes a self-certification process under which every manufacturer is required to certify that each of its products meets all applicable Federal safety standards. The vehicle manufacturer is required to certify that its vehicles comply with all applicable safety standards by permanently affixing a label to the driver's side door hinge pillar, door-latch post, or the door edge that meets the door-latch post. Among other things, that label must contain the statement: "This vehicle conforms to all applicable Federal motor vehicle safety standards in effect on the date of manufacture shown above."

Under the self-certification process used in the United States, NHTSA does conduct periodic enforcement tests on vehicles and items of equipment that have been certified by their manufacturer to ensure that the products do, in fact, comply with the safety standards. NHTSA also investigates alleged defects related to motor vehicle safety. In order for this agency to determine whether any of the vehicles imported into New Zealand were subject to an enforcement test or a defects investigation by this agency, you would have to provide us with specific descriptive information about each of the subject vehicles, including the date of manufacture.

It should be a simple exercise for you to check the area around the driver's side door of the vehicles in question to see if the manufacturer affixed a U.S. certification label, stating that the vehicle conforms to all applicable Federal motor vehicle safety standards. If the vehicle has such a label, there would not seem to be any reason for questioning the manufacturer's representation. On the other hand, if there is no such label, neither the vehicle's manufacturer nor anyone else has suggested that the vehicle conforms with the safety standards of the United States.

Finally, you asked whether the United States has any Federal regulations regarding the installation of registration plates on the front of vehicles. The answer is no; vehicle registration is a matter addressed by each of the individual States, not by the Federal government. Thus, the requirements for display of registration plates on the front of

vehicles differ from State to State. If you are interested in further information on the requirements of the individual states, you may wish to contact: American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, U.S.A.