Interpretation ID: Importhookup.2

Mr. Tim Lau
President
Importhookup
21 Carlyle
Irvine, CA 92620

Dear Mr. Lau:

This responds to your October 26, 2004 letter, in which you seek clarification regarding the permissibility of importing replaceable light sources for All Terrain Vehicles (ATVs). We are pleased to have the opportunity to respond to your inquiry.

The National Highway Transportation Safety Administration (NHTSA) regulates "motor vehicles" and "motor vehicle equipment". "Motor vehicle" is defined by statute as "a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line". 49 U.S.C. 30102(a)(6). NHTSA does not regulate vehicles manufactured primarily for off-road use (e.g., ATVs, snowmobiles, dirt bikes) nor the replacement equipment that is manufactured and sold specifically for those vehicles. Instead, the Consumer Product Safety Commission (CPSC) has jurisdiction over the safety of such items.

With that said, there may also be State agencies that regulate this equipment, such as through State registration requirements for ATVs. We recommend that you consult with the relevant State authorities with responsibility for motor vehicles and motor vehicle equipment regarding any applicable requirements.

If you have further questions, please feel free to contact Eric Stas of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

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