ID: nht81-1.45

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: J. M. Tobias and Associated, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

MAR 17 1981

NOA-30

Mr. Robert A. Langindorf Joseph M. Tobias and Associates, Ltd. Suite 911 100 North LaSalle Street Chicago, Illinois 60602

Dear Mr. Langindorf:

This responds to your recent letter to Mr. Bob Nelson of our Office of Vehicle Safety Standards. You asked several questions regarding Safety Standard No. 208. Occupant Crash Protection, in relation to a van vehicle equipped to secure wheelchairs. Specifically, you asked whether spaces on the vehicle's floor suitable for locking wheel chairs in the vehicle would be considered "designated seating positions" for which seat belt assemblies must be supplied.

A van vehicle designed to carry passengers rather than cargo would be considered a multipurpose passenger vehicle. This would include a medicar van for disabled persons in wheelchairs. As a multipurpose passenger vehicle, a 1975 or 1976 van would have to comply with the seat belt requirements of paragraph S4.2 of Safety Standard No. 208. This means that the vehicle manufacturer would have to install seat belts for each "designated seating position" in the van. In 49 CFR 571.3 "designated seating position" is defined, in part, as:

"any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design and vehicle design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats..."

You can see that this definition encompasses only seats that are installed as a permanent part of the overall vehicle structure, e.g., the driver's seat in the van and any other permanent passenger seats that are bolted to the floor of the vehicle. The definition would not include spaces on the floor suitable for securing wheelchairs. Therefore, these spaces would not be required to have seat belts under the requirements of Safety Standard No. 208. Only the van's driver's seat and permanent passenger seats would be required to have belts.

Please contact Hugh Oates of my staff if you have any further questions.

Sincerely,

Frank Berndt Chief Counsel

December 15, 1980

Mr. Bob Nelson NHTSA 400 7th Street Southwest Washington, D.C. 20590

Dear Mr. Nelson:

I was referred to you or Mr. Guy Hunter by Ms. Elizabeth Lindahl of the Regional Administrator, NHTSA office in Chicago Heights, Illinois. She told me you would be better able to handle some interpretations of the Motor Vehicle Safety Standards, in particular seatbelts.

In reference to seatbelts, I have also talked to Mr. Madison Post of the Illinois Department of Transportation. My Questions to both Mr. Post and Ms. Lindahl have dealt with Multi Passenger Vehicles and Trucks, S4.2 in Standard No. 208 and the safety belts requirements.

Mr. Post has informed me that a medicar van would be a multipurpose vehicle in S4.2. (See enclosed letter)

Ms. Lindahl said the member of designated positions is on the metal plate on the door as put their by the manufacturer.

The questions are as follows:

1) Would a multipurpose vehicle include a medicar van for disabled people in wheelchairs, S4.2?

2) Would S54.2 or any other section cover this medicar van made in 1975 or 1976?

3) In S4.2.2(a) and S4.2.1.2(b) would "designated seating position" or "outboard designated seating position" include a space on the floor designated for wheelchairs to be locked in, so as to require either a seat safety belt or passive protection system?

4) Is a medicar van sold new by a Dodge dealer, who designs the van so as to accommodate persons in wheelchairs, subject to safety belt requirements in light of S108 in Public Law 89-563--15 USC 1381, et seq (whereas rules apply to a wheelchair or item of equipment up to its first purchase for purposes other than resale)?

I would appreciate the answers to these questions according to either NHTSA or your interpretation. If not, please either pass this letter along to someone who can answer them or tell me whom to contact.

I thank you for your cooperation in all of the foregoing.

Yours truly,

FOR JOSEPH M. TOBIAS & ASSOCIATES

RAL:idt

Enclosure

November 26, 1980

Robert A. Langendorf Suite 911 100 N. LaSalle St. Chicago, Illinois 60602

Dear Mr. Langendorf:

You inquired about application of Federal Motor Vehicle Safety Standard (FMVSS) 208, Section 4.2, to a "medicar van" and seat belt requirements for such a "van".

Under federal definitions and rules a motor vehicle, including a "van", constructed on a truck chassis and designed or altered to carry 10 persons or less (as opposed to cargo, freight, equipment, etc.) is a multi-purpose passenger vehicle (MPV--49 CFR 571.3). It must be classified MPV and must conform to Section 4.2 and other applicable FMVSS (49 CFR 567).

In general, the FMVSS and related rules apply to a vehicle or item of equipment up to its first purchase for purposes other than resale (Section 108 in Public Law 89-563--15 USC 1351, et seq).

I suggest you contact officials of the National Highway Traffic Safety Administration (NHTSA) for more specific answers to your detail questions:

Regional Administrator, NHTSA Chief Counsel 1010 Dixie Highway NHTSA Chicago Heights, IL 60411 Washington, D.C. 20590 312/756-1950 Phone Safety Hot Line 800/424-9373

Michael Finkelstein Administrator for Rule Making NHTSA Washington, D.C. 20590 Phone Safety Hot Line 800/424-9373

Under current interpretations of State definitions every 1st division motor vehicle, (such as a passenger car, MPV, or "van" that is not a taxicab) becomes a bus if used for transportation of persons for compensation even though it seats 10 persons or less (IVC 1-107). The type of compensation is not restricted. The transformation to bus occurs with regular (not occasional or rare) acceptance of any type of equivalent or recompensive action or payment i.e., service or help "in kind", "favors in return", money or other fare, emolument, fee, aid, grant, or other fund(s) stemming from private or government (federal, state, or local) person or entity, vehicle in "car pool", etc. Many first division buses are operated in Illinois (IVC 1-217).

State law requires two sets of seat belts for the front seat of a first division vehicle (IVC 12-501). Of course, where the front seat provides seating for only one person, i.e. driver, only one set is needed. Seat belt installations that meet FMVSS 208 and other standards referred to therein are acceptable, since the FMVSS preempts State standards (Sec. 103, PL 89-563--15 USC 1381, et seq).

Thank you for asking about seat belt requirements.

Sincerely,

Madison Post Standards Engineer Bureau of Safety Operations

MP:mp

cc: L. Wort S. England

ID: nht81-1.46

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Eidal International Corp.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

M. William E. Medcalf Engineering Manager Eidal International Corp. P.O. Box 2087 Alburquerque, NM 87103

Dear Mr. Medcalf

This is in response to your letter forwarding your firm's vehicle identification numbering system and requesting confirmation that it complies with Federal Motor Vehicle Safety Standard No. 115 -Vehicle identification number.

The National Highway Traffic Safety Administration (NHTSA) does not give advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed system. Based on our understanding of the information which you have provided, your system apparently complies with Standard No. 115.

Sincerely,

Frank Berndt Chief Counsel

November 7, 1980

National Highway Traffic Safety Administration 400 South Street, S.W. Washington, D.C. 20590

Attention: VIN Coordinator

Dear Coordinator:

Pursuant to the requirements of 49 CFR 575.115, as revised and amended per Docket No. 1-22, please find enclosed the information required to decipher the characters contained in VIN's to be assigned by the Eidal International Corporation (EIC).

Additionally, EIC petitions for a waiver of the sixty (60) day advance filing requirement, as it applies to the attached character decipher information. Our small firm was not made cognizant of this new requirement until late September 1980, and has proceeded with all possible deliberation to develop the attached character codes.

EIC is a small, low volume (less than 500 trailers per year) manufacturer of transportation equipment. Our products, with few exceptions are custom designed to meet the needs of our customers in the heavy-haul, oilfield, and military equipment markets. Accordingly, the Society of Automotive Engineers has assigned the codes 1E9 and 015 for EIC use in VIN positions 1-3 and 12-14, respectively, of the complete 17 digit VIN.

It is our belief that the enclosures, which are preceeding completion of our procedure, fully explain the method of encoding the required information. A copy of the finalized procedure will be filed as soon as it becomes available. If additional information is required, please do not hesitate to contact me.

Sincerely,

EIDAL INTERNATIONAL CORPORATION William E. Medcalf Engineering Manager

dw

Enclosure

ID: nht81-1.47

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Aluminum Body Corporation

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Mr. Howard Magor, President Aluminum Body Corporation P.O. Box 40 Montebello, CA 90690

Dear Mr. Magor

This is in response to your letter forwarding your firm's vehicle identification numbering system and requesting confirmation that it complies with Federal Motor Vehicle Safety Standard No. 115 -Vehicle identification number.

The National Highway Traffic Safety Administration (NHTSA) does not give advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed system. Based on our understanding of the information which you have provided, your system apparently complies with Standard No. 115.

Sincerely,

Frank Berndt Chief Counsel

October 13, 1980

Society of Automotive Engineers, Inc. 400 Commonwealth Drive Warrendale, PA 15096

Attention: Leo P. Ziegler, Jr., Mgr.

Motor Veh. Safety & Environment Program

Reference: Change in Assigned WMI Code

Aluminum Body Corporation would like to verify a change in our assigned WMI Code number per our telephone conversation of October 8, 1980 with Mr. Nelson Erickson of the NHTSA. Mr. Erickson arranged with SAE to change our identifier number from a six (6) digit code (per enclosed copy of SAE letter dated Dec. 18, 1979) to a three (3) digit code number.

We wish to confirm with SAE that our selection of "1-1-A" as the first three digits of Aluminum Body Corporation's VIN has been approved by SAE. Please advise us if our proposed coding for the VIN is correct, and if we are approved to use this as the identification numbering system for manufacturing of our trailers. Thank you for your assistance in this matter.

Very truly yours,

ALUMINUM BODY CORPORATION

Howard Magor President

HHM:jo encls. (2)

cc: Mr. Nelson Erickson NHTSA

ID: nht81-1.48

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Society of Automotive Engineers, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Mr. Leo P. Ziegler, Jr. Manager, Motor Vehicle Safety and Environment Program Society of Automotive Engineers, Inc. 400 Commonwealth Drive Warrendale, PA 15096

Dear Mr. Ziegler

This is in response to your letter forwarding your firm's vehicle identification numbering system and requesting confirmation that it complies with Federal Motor Vehicle Safety Standard No. 115 -Vehicle identification number.

The National Highway Traffic Safety Administration (NHTSA) does not give advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed system. Based on our understanding of the information which you have provided, your system apparently complies with Standard No. 115.

Sincerely,

Frank Berndt Chief Counsel

December 18, 1979

Mr. Howard H. Magor President Aluminum Body Corporation P.O. Box 40 Montebello, CA 90640

Dear Mr. Magor

I am in receipt of a copy of your November 30, 1979 letter to the National Highway Traffic Safety Administration with regard to the assignment of a World Manufacturer (Maker) Identifier (WMI) Code for Aluminum Body Corporation. I am therefore, as the USA national authority, making the following assignments:

Aluminum Body Corporation ? W. Washington Blvd. Montebello, CA 90640 UNITED STATES

1 & 9 (With the 3rd, 4th, & 5th characters of the Vehicle Identifier Section to be: 0 0 8)

Commercial Trailer

If you have any questions regarding the above assignment, please do not hesitate to contact me.

Sincerely yours,

Leo. P. Ziegler, Jr. Manager, Motor Vehicle Safety and Environment Program

jeh

cc: M. W. Dixon K. F. Erickson, NHTSA R. P. Hickey

ID: nht81-1.49

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Friedman and Medalie

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Mr. Leonard A. Fink Attorney at Law Friedman and Medalie 1899 L Street, NW Washington, D.C. 20036

Dear Mr. Fink:

This is in response to your letter forwarding your firrm's vehicle identification numbering system and requesting confirmation that it complies with Federal Motor Vehicle Safety Standard No. 115 -Vehicle identification number.

The National Highway Traffic Safety Administration (NHTSA) does not give advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed system. Based on our understanding of the information which you have provided, your system apparently complies with Standard No. 115.

Sincerely,

Frank Berndt Chief Counsel

December 4, 198O

Administrator National Highway Traffic Safety Administration 400 Seventh Street, N.W. Washington, D.C. 20590

Attn: VIN Coordinator

Gentlemen:

On behalf of our client, Steyr-Daimler-Puch A.G., and in accordance with FMVSS 115, we furnish the following information regarding the VIN number code to be used by our client:

ID: nht81-1.5

DATE: 01/22/81

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Hendrickson Mfg. Co.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your November 25, 1980, letter asking whether any safety standards have been violated by a truck modification that you perform. In your modification, you alter a chassis to provide right-hand controls. The vehicle is then sent to a final-stage manufacturer for completion.

As an incomplete vehicle manufacturer, you are required to attach the appropriate label to the vehicle in accordance with Part 567, Certification. That label makes certain statements about the compliance of the vehicle with safety standards as a result of your modifications.

You ask whether any safety standards have been violated by your modifications. It is impossible for the agency to determine compliance without testing one of your vehicles. You list several changes that you make to the vehicle, including the addition of: a foot throttle, foot service brake, hand spring brake, turn signal, transmission selector, and steering wheel. The agency has safety standards that govern many of these devices. These standards are found in Volume 49 of the Code of Federal Regulations, in Part 571. It is a manufacturer's responsibility to ensure that its vehicles comply with these standards. The only advice that we can offer is that nothing precludes the type of modifications that you propose. The installation of right-hand controls is permissible as long as the compliance with all safety standards is maintained.

ID: nht81-1.50

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Aston Martin Lagonda, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Mr. R. Goldsmith Certification Engineer Safety and Emissions Department Aston Martin Lagonda, Ltd. Tickford Street, Newport Pagnell Buckinghamshire MK 16 9AN

Dear Mr. Goldsmith

This is in response to your letter forwarding your firm's vehicle identification numbering system and requesting confirmation that it complies with Federal Motor Vehicle Safety Standard No. 115 -Vehicle identification number.

The National Highway Traffic Safety Administration (NHTSA) does not give advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed system. Based on our understanding of the information which you have provided, your system apparently complies with Standard No. 115.

Sincerely,

Frank Berndt Chief Counsel

Mr. F. Berndt, Chief Counsel, U.S. Department of Transportation, National Highway Traffic Safety Administration, Washington D.C. 20590, U.S.A. 11th December, 1980

Dear Mr. Berndt, Vehicle Identification Numbers

Thank you for your letter of 18th November, in which you indicate that Vehicle Identification Number (VIN) deciphering information is made available to the public. I would like to point out that only the brake horse power (BHP) data is confidential, not all the engine type information.

However, as you suggest, I have reviewed the engine type information by deleting the BHP data, and adding the vehicle make, model and manufacturer's name.

None of the information in the VIN decipher is now confidential but complete vehicle identification is readily available. Thus please find enclosed herewith the Aston Martin Lagonda resubmission of the VIN constructed to Federal Motor Vehicle Safety Standard No. 115.

Yours sincerely,

R. Goldsmith Certification Engineer Safety and Emissions Department

RG/JL

copy Aston Martin Lagonda Inc., U.S.A.

ID: nht81-1.6

DATE: 01/22/81

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Shanghai No. 1 Rubber Plant

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your November 17, 1980 letter in which you requested information about the steps your manufacturing plant must take to comply with this agency's requirements for selling tires in the United States. Your letter stated that your main products are truck tires.

All truck tires (for both light and heavy-weight vehicles) imported into the United States must comply with Federal Motor Vehicle Safety Standard No. 119 (49 CFR @ 571.119). I have enclosed a copy of this standard for your information. You will see that the standard specifies performance requirements (strength, endurance, and high speed performance), marking requirments (treadwear indicators and labeling information), and tire and rim matching information requirements.

Concerning the performance requirements, your letter asked how many sets of each tire size must be delivered to this agency for testing and how the costs are paid. The European nations require manufacturers to deliver tires for testing before they can be sold, but this country does not. For our purposes, the manufacturer itself must certify that its tires comply with the requirements of Standard No. 119. After the manufacturer determines that the tires comply with the requirements, the manufacturer stamps the letters "DOT" on the tire to accomplish the certification. This agency then makes spot checks of tires, by purchasing some from a dealer and testing the tires according to the procedures set forth in Standard 119. If the tires pass the tests, no further steps are taken. However, there is no advance approval procedure by the agency.

It is a simple matter to check the tire to see that the marking requirements have been followed. I should note that the U.S. Customs Service will not allow tires without a DOT marking to enter the United States.

With respect to the tire and rim matching, this information, as well as the loading schedules for the tire size (showing the maximum load the tire can carry at designated inflation pressures) must either be set forth in a current trade association manual or be furnished by manufacturers to dealers of the tires and in duplicate to this agency. If you wish to obtain a copy of the current manual published by the American tire manufacturers to see if the tire sizes manufactured by your plant are listed therein, you may send $ 8.50 plus postage costs to: The Tire and Rim Association, 3200 West Market Street, Akron, Ohio 44313. If the tire sizes and corresponding rims which you manufacture are listed in that manual, you have complied with this requirement. If the sizes are not listed, you may consult other trade associations, or you may exercise the option to furnish the information to your dealers and to this agency.

I am enclosing a copy of another regulation that would also apply to your tires, 49 CFR Part 574, Tire Identification and Record Keeping. This requires every tire sold in this country to be labeled with certain information (see @ 574.5), including the manufacturer's identification mark. To obtain an identification mark, you should follow the steps set forth in @ 574.6 of this regulation.

Further, this regulation requires each manufacturer to furnish forms to its tire dealers to record the names and addresses of the first purchasers of these tires. The dealers must then return the completed forms to the tire manufacturer, or some party designated by the manufacturer to receive these forms. This is necessary in case the manufacturer must recall the tires because they fail to comply with Standard 119 or because the tires have a safety-related defect. It may be necessary for you to make arrangements with some party in this country to store the completed forms for you.

Finally, I am enclosing a procedural rule, which applies to all parties subject to the regulations of this agency (49 CFR Part 551). This regulation requires all manufacturers to designate a permanent resident of the United States as the manufacturer's agent for service of process in this country. The agent may be either an individual or a business entity. This designation must be in writing and in a form which is valid and binding under Chinese law. Such designation must provide the information set forth in @ 551.45(b) and be mailed to: Administrator, National Highway Traffic Safety Administration, U.S. Department of Transportation, 400 Seventh Street, S.W., Washington, D.C. 20590.

I hope that this information helps you and that the trade relationship between our countries will be a long and fruitful one. If you need any further information, or clarification of some of the information set forth in this letter, please do not hesitate to contact me.

SINCERELY,

November 17, 1980

Tire Division, National Highway Traffic Safety Administration of Department of Transportation,

Dear Sirs:

Our plant is Shanghai No. 1 Rubber Plant, formally Ta Chung Hua Rubber INd.Co., established in 1928. Its main products are truck tires and light truck tires, "DOUBLE COIN" brand.

Since liberation, our products have already been exported to many other countries and districts. For promoting Sino-American trade, we would interest to export our tires (bias-ply) into the U.S. market.

We have been told that truck tires imported into U.S. market must meet the minimum Standards of NHTSA of DOT and get his identification. As we are short of further information related to these tests, we write this letter to you for your kind assistance. It would be much appreciated if this letter will soon reply to us for the following matters:

1) How many NHTSA Standards must be met before entering to U.S. tire market?

2) How many sets of each tire size will deliver to NHTSA for total testing procedures?

3) How many testing fee would be paid, if it is nessesary to?

4) Further details which we have to know.

Deng Shin-Wen, Deputy director & chiefengineer

ID: nht81-1.7

DATE: 01/22/81

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Convenient Machines Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of December 22, 1980, asking "acceptance" of the CUB three-wheeled vehicle "for import certification."

We confirm the advice given you by Mr. Vinson of this office in your recent telephone conversation with him. The CUB is classified as a "motorcycle" for purposes of compliance with the Federal motor vehicle safety standards. If CUBs are manufactured to comply with all standards applicable to motorcycles (see Title 49 Code of Federal Regulations, Part 571), and have a label permanently attached certifying that fact (49 CFR 567), this is all that is needed to fulfill the requirements of this agency for importation and sale in the United States, under the joint regulations issued by the Departments of Transportation and Treasury (19 CFR 12.80).

If, in advance of regular production, you wish to import several noncomplying vehicles for purposes of test or experimentation, this is allowable, provided that at the time of entry a statement is attached to the declaration form that will be given the importer, stating the purpose for which the vehicle is being imported, the estimated time it will be on the public roads, and the disposition that will be made at the end of the period allowed (one year, renewable upon request). (19 CFR 12.80(b)(1)(vii)).

SINCERELY,

December 22, 1980

National Highway Traffic Safety Administration Office of Chief Council

Following my recent telephone conversation with you, and at the suggestion of Mr. John Carson, we are enclosing photographs and preliminary specifications of our C.B. "CUB" 3 wheeled 2 passenger I.E.C. powered vehicle.

These vehicles will be manufactured in Taiwan for Convenient Machines Inc. We intend to distribute and sell them in the United States following the gradual start of production in March 1981.

We understand that at the present time this vehicle is classified as a 3 wheeled motorcycle. We intend to full comply with the standards and regulations for this classification of vehicle as outlined in the TITLE 49 CODE of REGULATIONS as necessary for a certificate of acceptance for U.S. Customs entry purposes.

The attached photographs show the #1 prototype "CUB" on which certain further improvements are now in work. A more final version is shown in the 1/10th scale 4 view layout which indicates a larger hatchback door and better lite and vent locations. We expect to have 3 samples of these approximately February 15 and several will then be brought here at that time.

We feel that this vehicle not only complies with the regulations but also offers a number of additional safety features which are highly desirable. These are fully described in the enclosed list of features and specifications.

After your review of this material will you kindly send us a letter relative to the acceptance of this vehicle for import certification. If you find there are any requirements omitted please advise us so we can take immediate steps to include them. We will greatly appreciate your reply at the earliest possible date as we are now tooling up for production to commence pending your approval.

If you have any further questions on any aspect of the "CUB" design and specifications please call me at 212 249 2424. I will be out of town from Dec 28 thru January 15 in which case you can contact Mr. Phil Prince at 212 594 6895.

We look forward to your approval of our compliance program on this vehicle and thank you for your cooperation.

Richard H. Arbib Vice President-Design

ID: nht81-1.8

DATE: 01/28/81

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Rolf Hahn

TEXT: This is in reply to your recent undated letter to George Ziolo of this agency seeking our assistance concerning the registration of your foreign-made car.

Specifically, you are a member of the German Military Representative in the United States who comes within the terms of Article IV of the NATO Status of Forces Agreement. As such, your German driver's license is accepted by the State of New Jersey where you presently reside. You have imported a car that does not meet Federal motor vehicle safety standards, as permitted by 19 CFR 12.80(b)(1)(vi), but the local authorities will not issue an inspection sticker to you, insisting that the car comply with all applicable Federal and State laws.

We believe that 15 U.S.C. 1392(d) (Section 103(d) of the National Traffic and Motor Vehicle Safety Act, copy enclosed) prohibits New Jersey from a refusal to register your car. That section provides that

"Whenever a Federal motor vehicle safety standard. . . is in effect, no State. . . shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle . . . any safety standard applicable to the same aspect of performance of such vehicles . . . which is not identical to the Federal standards."

Under regulations issued pursuant to 15 U.S.C. 1397(b)(4) by the Departments of Transportation and Treasury, the "temporary importation" of the car belonging to a member of the German Military Representative is allowed without the necessity of conforming it to U.S. Federal safety requirements (19 CFR 12.80(b)(1)(vi)), provided the importer declares at the time of entry that the car is imported for personal use and will not be sold. Thus, the car is exempted from meeting safety standards currently in effect that would otherwise apply to it. That exemption makes any State standards on the same aspects of performance, in effect, nonidentical to the Federal standards for that car. This means, in our view, that a State may not impose its own safety standards on the car as a prerequisite to registration where those standards cover the same aspects of performance as Federal ones.

Preemptive effect can also be found under general principles of preemption. Preemption is found where a State regulatory scheme conflicts with a Federal one. Conflict exists in this case because the Congressional purpose underlying the statutory authorization for temporary importation regulations is frustrated by State enforcement of Federal standards compliance with which has been excused under those regulations. That purpose would be similarly frustrated by State enforcement of State standards identical to Federal ones.

The provisions of 19 CFR 12.80(b)(1)(vi) under which your vehicle entered were inserted in the importation regulation at the request of the U.S. Department of State. We understood that international agreements (not identified by State) prohibited us from requiring compliance of certain categories of imported vehicles with U.S. safety standards. We therefore believe it possible that the issue of local registration of vehicles so exempted may also have been dealt with in these agreements.

ENC.

US Department of Transportation NHTSA ATTN: George J. Zislo

Dear Mr. Zislo:

In response to your telephone conversation with Mr. Fischer yesterday, I would like to give you more information concerning the registration of my foreign-made car.

I am stationed in New Jersey as a member of the civilian component of the Federal Republic of Germany on a temporary NATO assignment, as stated in the inclosed copy. Recently, I have imported my German-made car which I have registered with the New Jersey Division of Motor Vehicles, as a temporary resident of New Jersey, in compliance with applicable State laws. However, the local inspection station in Eatontown, NJ, did not issue an inspection sticker for my car. The local authorities insisted that my car complies with all applicable Federal and State laws. This opinion was also expressed by Mr. Arnone (Tel. No. 609-292-4873) of the New Jersey Division of Motor Vehicles in Trenton, NJ.

It is, however, my understanding that my special status as a member of a NATO Nation exempts my foreign-made car from compliance with any otherwise applicable Federal and State Motor Vehicle Safety Standards. This exemption is also stated in a letter of the US Department of Transportation to the German Military Representative, dated 13 December 1979, a copy of which I have inclosed for your information.

Based on the above information and the inclosed copies, I would like to request your office to confirm the exemption of my foreign-made car from any otherwise applicable Federal and State laws and to inform the New Jersey Division of Motor Vehicles accordingly.

Thank you very much for your help in this matter.

ROLF HAHN

FEDERAL REPUBLIC OF GERMANY ARMED FORCES ADMINISTRATIVE AGENCY

April 15, 1980

C E R T I F I C A T E No.: 1568/80

concerning Driver's Licenses for German personnel coming under the terms of the "Agreement between the Parties to the North Atlantic Treaty Regarding the Status of their Forces"

The member countries of the North Atlantic Treaty Organization (NATO) to which also the United States of America and the Federal Republic of Germany belong, have concluded an agreement concerning the status of the Armed Forces of one member country within the territory of another member country. This NATO Status of Forces Agreement entered (Illegible Words) treaty on August 23, 1953 (TIAS 2846).

My office has been directed by the Federal Republic of Germany to handle on behalf of the German side matters concerning the a/m agreement and to confer with the proper U.S. authorities in this field.

I, therefore, confirm that Mr. Rolf Hahn, born on May 19, 1944 being a member of The German Military Representative in USA/CA is a member of the (Illegible Word)/Civilian Component of the Federal Republic of Germany, and as such comes within the terms of (Illegible Words) Status of Forces Agreement.

Mr. Rolf Hahn is stationed in New Jersey (Illegible Words) of his NATO duties which he performs on behalf of the Government of the Federal Republic of Germany within the United States of America. According to the letter of the State of New Jersey, Department of Law and Public Safety, Division of Motor Vehicles, dated March 8, 1965, driver's licenses of (Illegible Word) of the Armed Forces and of the Civilian Component of other NATO countries are accepted by the State of New Jersey.

Since Mr. Rolf Hahn is in right for possession of German Driver's License No. 5/4890/68, issued on Nov. 1, 1968 by the city/of Berlin, Germany, he does in accordance with the enclosed letter of the State of New Jersey of March 8, 1965, not require a Driver's License issued by this state.

H.D. Borowski

Legal Adviser, Deputy Chief

Administrative Office with the German Military Representative in USA and Canada