Interpretation ID: 1982-3.2

TYPE: INTERPRETATION-NHTSA

DATE: 08/20/82

FROM: FRANK BERNDT -- CHIEF COUNSEL, NHTSA; SIGNATURE BY STEPHEN P. WOOD

TO: Zimmer Corporation

TITLE: FMVSR INTERPRETATION

TEXT: Thank you for your letter of August 6, 1982, to the Administrator asking whether there is "any blanket waiver of standards solely based on a small production of vehicles."

You are correct that no such waiver exists. Even a single automobile manufactured for use on the public roads must meet all applicable Federal motor vehicle safety standards unless exempted by the Administrator under the provisions of Part 555. A manufacturer whose total motor vehicle production in the year preceding filing of his petition does not exceed 10,000 units is eligible to apply for an exemption of up to three years on a hardship basis. Any manufacturer of motor vehicles may apply for an exemption of up to two years on the three remaining bases that you mention but the exemption extends only to a maximum of 2500 vehicles in any 12-month period that the exemption is in effect.

Under the original exemption authority, in effect from 1968 to 1971, exemptions were available on a hardship basis and the threshold of eligibility was 500 units.

SINCERELY,

ZIMMER CORPORATION

August 6, 1982

Administrator, National Highway Traffic Safety Administration

Gentlemen:

From time to time I am confronted with statements to the effect that if a vehicle manufacturer produces not more than "X" quantity of vehicles, such vehicles are not required to be in compliance with the FMVSS. The quantity of vehicles referenced varies from 250 to 2000 depending on the source of the statement.

I am aware of the provisions of Part 555 covering temporary exemption from the standards under special conditions of economic hardship, development of new vehicle safety and low-emission engine features, and equivalent vehicle safety. But I am not aware of any blanket waiver of standards solely based on a small production of vehicles.

Please advise.

R. H. Zelinske Vice President Corporate Engineering