Interpretation ID: 20832.ztv
Mr. Joel Martin
1231 SW 3rd Ave
Suite 123C Building A
Gainesville, FL 32601
Dear Mr. Martin:
Thank you for your fax of October 19, 1999, asking for information on "how I can apply for a financial exemption for a new manufacturer of 49cc Scooters." You relate that the manufacturer "meets all the CFR requirements," but is concerned that one of the lamp manufacturers does not label his product with a DOT symbol. You report, however, that "the light in testing meets the National Highway Traffic Safety Administration testing standards."
Mr. Vinson of this Office, with whom you spoke, recalls that the lamp in question is the headlamp for motor driven cycles. Paragraph S7.2(a) of Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment, requires the lens of any headlamp used on a motor vehicle, including motor driven cycles, to be marked with the symbol DOT which shall constitute the certification required by 49 U.S.C. 30115. If the headlamp is not so marked, and if testing of the headlamp shows compliance with the motor driven cycle headlamp specifications of SAE J584 April 1964, that would afford a basis upon which its manufacturer could certify compliance. In that event, a temporary exemption would not be required. Please note that S7.9.5 requires that headlamps meeting SAE J584 must also have the word "motorcycle" permanently marked on the lens.
Our temporary exemption procedures are set forth in 49 CFR Part 555. Because of the statutory requirement that we afford the public an opportunity to comment on petitions for exemptions, the process from receipt of an acceptable petition to action on it requires three to four months. While you may submit it on behalf of the manufacturer, the manufacturer must sign the petition. If the manufacturer is located outside the United States, it must first designate an agent for service of process pursuant to 49 CFR 551.45.
A person who is not a manufacturer of a motor vehicle certified for sale in the United States may import a non-conforming motor vehicle for research or investigations pursuant to 49 CFR 591.5(j)(1) and (2)(i) after receiving written permission from the agency (49 CFR 591.6(f)(1)).
You may access our regulations at in Title 49 Code of Federal Regulations through website
If you have any further questions, you may telephone Mr. Vinson (202-366-5263).
Sincerely,
Frank Seales, Jr.
Chief Counsel
ref.567#108
d.12/6/99