Interpretation 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