Interpretation ID: warner.ztv
Member of Assembly
124th District
State of New York
State Office Building, Floor #17
44 Hawley Street
Binghamton, NY 13901-4416
Dear Assemblyman Warner:
Your letter of August 16, 1996, to the Office of Public & Consumer Affairs of this agency has been forwarded to the Office of Chief Counsel for reply. We are pleased to assist you in your development of a proposal for economical, energy-efficient alternative vehicles.
You mention that an important issue is "whether all four-wheeled vehicles manufactured in this country (excluding trucks, etc.) must comply with the Safety Standards for the 'Passenger Vehicle' category." As a general rule, the answer is yes; all four-wheeled passenger cars manufactured primarily for use on the public streets, roads, and highways must comply with the Federal Motor Vehicle Safety Standards (FMVSS). However, through letters of interpretation, this Office presently excludes from compliance specific on-road vehicles whose configuration is "abnormal" and whose top speed does not exceed 20 mph. The agency has been asked to raise the speed to 25 mph but has taken no action yet on this request.
You also ask whether a vehicle called the Intruder "has been subjected to crash testing and emissions compliance? Is this vehicle actually legal for sale in the United States? Has it been approved by the DOT for sale in this country? If not, how can they claim it is U.S. Legal?"
Under the basic Federal vehicle safety regulatory statute, 49 U.S.C. Chapter 301 - Motor Vehicle Safety, the National Highway Traffic Safety Administration (NHTSA) has no authority to approve a vehicle for sale. The legislation establishes a self-certification scheme under which a manufacturer permanently affixes a label to each motor vehicle upon its manufacture which certifies that the vehicle complies with all applicable FMVSS. No submission of data to NHTSA or prior approval is required. A manufacturer must have a reasonable basis for its certification, but there is no legal requirement that it test according to the procedures set out in the FMVSS. For example, it is not necessary to crash test a vehicle in order to certify compliance with those
FMVSS which specify performance requirements to be met in barrier impacts if the manufacturer has satisfied itself through computer simulations, engineering studies, mathematic calculations, or other bases, that the vehicle would meet the performance requirements were it to be crash tested.
Our legislation establishes no requirements for vehicles constructed from used parts, or a mixture of them. It is possible that the Intruder consists of a new body placed on the chassis of a vehicle previously in use from which its original body has been removed. If this is the case, no certification is required, and a state may establish its own equipment requirements as a condition of registration.
In summary, the manufacturer of the Intruder has been under no obligation to report to us whether it has crash tested its vehicle. The Intruder is legal for sale in the U.S. under Federal law if it is constructed on a used chassis, or, if it is a new vehicle and it bears its manufacturer's certification of compliance with the FMVSS. We have no knowledge of its compliance with emissions requirements as those standards are issued and enforced by the Environmental Protection Agency.
You also asked "Is there an exemption to the safety . . . regulations for small volume 'passenger vehicle' manufacturers? If so, what are the rules for such an exemption?"
NHTSA is authorized by 49 U.S.C. 30113 to exempt, on a temporary basis, a manufacturer whose total yearly production does not exceed 10,000 motor vehicles, from any FMVSS that would cause the manufacturer substantial economic hardship were it required to meet it immediately. The application procedures for such an exemption are contained in 49 CFR 555.5 and 555.6(a). The applicant must not only show hardship but also that it has tried in good faith to meet the standard from which it requests relief..
If you have further questions, you may refer them to Taylor Vinson of this Office (202-366-5263).
Sincerely,
John Womack
Acting Chief Counsel
ref:555
d:9/13/96