Interpretation ID: 1983-2.29

TYPE: INTERPRETATION-NHTSA

DATE: 07/12/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Richard London

TITLE: FMVSR INTERPRETATION

TEXT:

Mr. Richard London Ferme de la Ferrage 06620 Gourdon France

Dear Mr. London:

We understand that you recently asked the agency about the permissibility of importing a used motor vehicle, such as a Mercedes 280SL, which would be trailered to various auto meets, and which would not be licensed for use or used on the public roads. You have asked whether the vehicle would qualify, under these facts, as one imported "solely for the purpose of show...." within the meaning of 19 CFR 12.80(b)(1)(vii).

The agency considers several factors in determining whether to accept a declaration that a vehicle is imported solely for "show". One of these is the nature of the vehicle itself. If it is a unique machine generally considered to be of technological or historical significance, it is more likely to be admitted under the exception than if it were a mass-produced vehicle similar to many that were manufactured to conform to the Federal motor vehicle safety standards. The smaller the production run, the greater the likelihood that it will be considered to be unique. Mechanical components that differ substantially from those commonly in use at the time of manufacture are evidence of its technological significance. Association with historical personages that would create a desire in the public to see the car is also considered relevant in the agency's interpretation of the word "show".

Another factor is the nature of "show". If the vehicle is intended for display as part of a collection of vehicles open to the public on a continuing basis, it is more likely to be admitted than if it were the importer's sole vehicle and garaged. The fact that an importer intends to transport a vehicle by trailer to display sites is consistent with the general declaration that the car is imported for purposes of show and will not be operated on the public roads.

In interpreting the word "show" and thereby exercising its discretion whether to allow importation of nonconforming motor vehicles for this purpose, the agency must balance the harm to the public likely to occur through use of the vehicle on the public roads, with the benefit to the public of importation of a nonconforming vehicle for show purposes. The agency has no control over disposition or use of a nonconforming vehicle once it has been imported for "show", and NHTSA's intent is to assure itself that a "show" vehicle is unlikely to be sold at some time in the future for use on the public roads. Therefore, the statement by the importer that he does not intend to use it on the roads is not necessarily dispositive of the matter because there is no assurance that a subsequent owner would have the same intent. Thus, the agency believes it is less likely that a rare or unique vehicle, part of a collection available to the public will be sold for use on the public roads than a vehicle such as the 1968-72 Mercedes 280SL that has been imported in numerous quantities as a conforming motor vehicle. Of course, any vehicle manufactured before January 1, 1968, such as the Mercedes 230 SL or 250 SL need not meet any Federal safety or emission requirements.

If you have any further questions, we shall be pleased to answer them.

Sincerely,

Frank Berndt Chief Counsel