ID: 8626

St. F. Steiner
Consultant
AET Network
2190 3rd Street
San Francisco, CA 94107

Dear Sir or Madam:

We have received your "Dear Mr. Van Orden" letter of May 4, 1993, which was addressed to me. You wish to import 3- and 4- wheeled vehicles from Europe "for research and exploration", and have asked several questions relating to U.S. laws and D.O.T. requirements.

Your first question is: "Are there any safety standards and regulations for the above mentioned automobiles?"

The answer is yes. All 3-wheeled motor vehicles are considered "motorcycles" for purposes of compliance with the Federal motor vehicle safety standards that apply to motorcycles. Depending upon their configuration, but not upon their weight, 4-wheeled vehicles are either "passenger cars", "multipurpose passenger vehicles", "trucks", or "buses" for purposes of the safety standards.

However, motor vehicles intended solely for purposes of research may be imported without the necessity of conforming them to the safety standards under the terms and conditions that the agency has set out in 49 CFR Part 591.

Your second and third questions are whether there is a minimum speed standard regulation or weight limitations for the vehicles you wish to import. The answer is no. However, a motorcycle with 5-horsepower or less is considered a "motor- driven cycle", and some of the motorcycle standards impose lesser requirements for motor-driven cycles, and motor-driven cycles whose speed attainable in l mile is 30 mph or less.

Your fourth question relates to the conversions required to meet U.S. specifications and standards. As indicated previously, no conversion is required when the importation is solely for the purpose of research. If you wish to import vehicles that have been originally manufactured to meet the Federal motor vehicle safety, bumper, and theft prevention standards, the manufacturer will find those standards at 49 CFR Parts 571, 581, and 541, respectively. If you wish to import nonconforming vehicles for conversion after importation, then the agency must determine that the vehicles are eligible for entry pursuant to 49 CFR Part 593, and importation and conversion accomplished through a Registered Importer pursuant to 49 CFR Part 592.

Your final question is whether the vehicles will be permitted on highways. This is a question that is not answerable under Federal law. Each State determines the criteria for licensing motor vehicles for use on the roads under its jurisdiction. If a State does not license a vehicle for on-road use (all terrain vehicles, minibikes, golf carts are examples), a basis exists for a manufacturer to determine that its vehicles are not "motor vehicles." If a vehicle is not a motor vehicle, i.e. one manufactured primarily for on-road use, then no Federal safety standards apply to it.

If you have any further questions about the importation process, you should refer them to Mr. Van Orden at our Office of Vehicle Safety Compliance, Office of Enforcement.

Sincerely,

John Womack Acting Chief Counsel

ref:591 d:5/17/93

ID: nht93-3.45

DATE: May 17, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA (Signature by Stephen P. Wood)

TO: St. F. Steiner -- Consultant, AET Network

TITLE: None

ATTACHMT: Attached to letter dated 5-4-93 from St. F. Steiner to John Womack (OCC 8626)

TEXT: We have received your "Dear Mr. Van Orden" letter of May 4, 1993, which was addressed to me. You wish to import 3- and 4- wheeled vehicles from Europe "for research and exploration", and have asked several questions relating to U.S. laws and D.O.T. requirements.

Your first question is: "Are there any safety standards and regulations for the above mentioned automobiles?"

The answer is yes. All 3-wheeled motor vehicles are considered "motorcycles" for purposes of compliance with the Federal motor vehicle safety standards that apply to motorcycles. Depending upon their configuration, but not upon their weight, 4-wheeled vehicles are either "passenger cars", "multipurpose passenger vehicles", "trucks", or "buses" for purposes of the safety standards.

However, motor vehicles intended solely for purposes of research may be imported without the necessity of conforming them to the safety standards under the terms and conditions that the agency has set out in 49 CFR Part 591.

Your second and third questions are whether there is a minimum speed standard regulation or weight limitations for the vehicles you wish to import. The answer is no. However, a motorcycle with 5-horsepower or less is considered a "motordriven cycle", and some of the motorcycle standards impose lesser requirements for motor-driven cycles, and motor-driven cycles whose speed attainable in 1 mile is 30 mph or less.

Your fourth question relates to the conversions required to meet U.S. specifications and standards. As indicated previously, no conversion is required when the importation is solely for the purpose of research. If you wish to import vehicles that have been originally manufactured to meet the Federal motor vehicle safety, bumper, and theft prevention standards, the manufacturer will find those standards at 49 CFR Parts 571, 581, and 541, respectively. If you wish to import nonconforming vehicles for conversion after importation, then the agency must determine that the vehicles are eligible for entry pursuant to 49 CFR Part 593, and importation and conversion accomplished through a Registered Importer pursuant to 49 CFR Part 592.

Your final question is whether the vehicles will be permitted on highways. This is a question that is not answerable under Federal law. Each State determines the criteria for licensing motor vehicles for use on the roads under its jurisdiction. If a State does not license a vehicle for on-road use (all terrain vehicles, minibikes, golf carts are examples), a basis exists for a manufacturer to determine that its vehicles are not "motor vehicles." If a vehicle is not a motor vehicle, i.e. one manufactured primarily for on-road use, then no Federal safety standards apply to it.

If you have any further questions about the importation process, you should refer them to Mr. Van Orden at our Office of Vehicle Safety Compliance, Office of Enforcement.

ID: nht72-5.23

DATE: 11/22/72

FROM: ELWOOD T. DRIVER FOR ROBERT L. CARTER -- NHTSA

TO: Truck Trailer Manufacturers Association

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of October 22, 1972, proposing that the "Certification" regulations (49 CFR Part 567) be amended to allow the use of "metal stamping or embossed letters" for information which must be inserted on certification labels.

We have treated your request as a petition for rulemaking persuant to 49 CFR Part 553, and have decided that it should be denied. The NHTSA is of the view that numbers and letters added in this way are frequently difficult to read. To allow their use as you have (Illegible Word) would be inconsistent with the purpose of the Certification regulations that the relevant information be provided to (Illegible Word) in as easily legible manner.

There is no prohibition, of course, of the use of stamped or embassed lettering on labels if steps are taken to make it contrast with its background.

ID: nht72-2.45

DATE: 03/29/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Zecol, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: In response to your letter of February 28, I enclose a copy of Federal Motor Vehicle Safety Standard No. 116, Motor Vehicle Brake Fluids, which became effective March 1, 1972.

Paragraph S5.2 as amended specifies the appropriate labeling for containers of fluid manufactured on and after March 1. If the labels on containers in stock do not meet the new requirements, you may affix a conforming gummed label over them.

I recommend that you subscribe to the Federal Register ($ 25.00 per year, from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402), which contains all Federal regulations as issued or proposed on a daily basis. As a manufacturer in a regulated industry, it is your responsibility to be completely familiar with all applicable regulations. The Superintendent of Documents can also provide you with a subscription service to Federal Motor Vehicle Safety Standards ($ 8.00 per year), updated as new regulations are issued.

ID: nht95-4.62

TYPE: INTERPRETATION-NHTSA

DATE: October 20, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Arthur N. Arschin

TITLE: NONE

ATTACHMT: ATTACHED TO 7/26/95 LETTER FROM ARTHUR N. ARSCHIN TO WILART BANKS

TEXT: Dear Mr. Arschin:

This responds to your letter to this agency asking whether the manufacturer identification numbers assigned to the Vee Rubber Company, Ltd. and the Vee Rubber International Company, Ltd. remain valid. The short answer is yes, if the plants remain in pro duction.

49 CFR 574.5 requires each new or newly retreaded tire sold in the United States to have a tire identification number (TIN) labeled by the manufacturer on one sidewall of the tire. The TIN is intended to assist NHTSA to identify the production source of a tire in the event of a defect or noncompliance. The TIN must include a manufacturer identification mark (MIM) issued by NHTSA in accordance with 49 CFR 574.6. NHTSA issues a separate MIM for each plant that currently produces or retreads tires, and a plant can only have one MIM.

Once NHTSA issues a MIM, the mark remains in effect as long as the plant to which it applies remains in production. In the event the plant ceases production, the mark assigned to that plant may not be further assigned or otherwise used by the manufactur er or anyone else. If the plant ceases production, NHTSA should be promptly notified so that the mark can be cancelled.

With regard to your client rubber companies, the MIMs assigned to Vee Rubber Company, Ltd., YRU for Plant No. 1 and YRV for Plant No. 2, remain in effect if those plants are still in production. The MIMs assigned to Vee Rubber International Company, Ltd ., 4A for Plant No. 1 and 5A for Plant No. 2 remain in effect if those plants are still in production.

I hope this information is helpful to you. Should you have any questions or need additional information, feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.

ID: nht95-7.27

TYPE: INTERPRETATION-NHTSA

DATE: October 20, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Arthur N. Arschin

TITLE: NONE

ATTACHMT: ATTACHED TO 7/26/95 LETTER FROM ARTHUR N. ARSCHIN TO WILART BANKS

TEXT: Dear Mr. Arschin:

This responds to your letter to this agency asking whether the manufacturer identification numbers assigned to the Vee Rubber Company, Ltd. and the Vee Rubber International Company, Ltd. remain valid. The short answer is yes, if the plants remain in production.

49 CFR 574.5 requires each new or newly retreaded tire sold in the United States to have a tire identification number (TIN) labeled by the manufacturer on one sidewall of the tire. The TIN is intended to assist NHTSA to identify the production source of a tire in the event of a defect or noncompliance. The TIN must include a manufacturer identification mark (MIM) issued by NHTSA in accordance with 49 CFR 574.6. NHTSA issues a separate MIM for each plant that currently produces or retreads tires, and a plant can only have one MIM.

Once NHTSA issues a MIM, the mark remains in effect as long as the plant to which it applies remains in production. In the event the plant ceases production, the mark assigned to that plant may not be further assigned or otherwise used by the manufacturer or anyone else. If the plant ceases production, NHTSA should be promptly notified so that the mark can be cancelled.

With regard to your client rubber companies, the MIMs assigned to Vee Rubber Company, Ltd., YRU for Plant No. 1 and YRV for Plant No. 2, remain in effect if those plants are still in production. The MIMs assigned to Vee Rubber International Company, Ltd., 4A for Plant No. 1 and 5A for Plant No. 2 remain in effect if those plants are still in production.

I hope this information is helpful to you. Should you have any questions or need additional information, feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.

ID: arschin

Arthur N. Arschin, Esq.
450 Seventh Avenue, Suite 2803
New York, NY 10123

Dear Mr. Arschin:

This responds to your letter to this agency asking whether the manufacturer identification numbers assigned to the Vee Rubber Company, Ltd. and the Vee Rubber International Company, Ltd. remain valid. The short answer is yes, if the plants remain in production.

49 CFR 574.5 requires each new or newly retreaded tire sold in the United States to have a tire identification number (TIN) labeled by the manufacturer on one sidewall of the tire. The TIN is intended to assist NHTSA to identify the production source of a tire in the event of a defect or noncompliance. The TIN must include a manufacturer identification mark (MIM) issued by NHTSA in accordance with 49 CFR 574.6. NHTSA issues a separate MIM for each plant that currently produces or retreads tires, and a plant can only have one MIM.

Once NHTSA issues a MIM, the mark remains in effect as long as the plant to which it applies remains in production. In the event the plant ceases production, the mark assigned to that plant may not be further assigned or otherwise used by the manufacturer or anyone else. If the plant ceases production, NHTSA should be promptly notified so that the mark can be cancelled.

With regard to your client rubber companies, the MIMs assigned to Vee Rubber Company, Ltd., YRU for Plant No. 1 and YRV for Plant No. 2, remain in effect if those plants are still in production. The MIMs assigned to Vee Rubber International Company, Ltd., 4A for Plant No. 1 and 5A for Plant No. 2 remain in effect if those plants are still in production.

I hope this information is helpful to you. Should you have any questions or need additional information, feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel ref:574 d:10/20/95

ID: nht72-4.34

DATE: 09/12/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Truck Trailer Manufacturers Association

TITLE: FMVSR INTERPRETATION

TEXT: In response to your note of September 5, 1972, I confirm that the format of the sample labels you submitted to us with your letter of August 18, 1972, is in accordance with our Certification regulations.

ID: nht90-2.54

TYPE: Interpretation-NHTSA

DATE: May 29, 1990

FROM: Ron Boucher -- Energy Savings System

TO: Office of Chief Counsel -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7-27-90 to R. Boucher from P. J. Rice; (A35; VSA 102(4)); also attached to letter dated 5-17-90 to Miss Carnes from R. Boucher; (OCC 4824) TEXT:

I'm writing and requesting approval to market a product. Enclosed is a flyer showing what the product is.

I would like to know for certain if it can be used in a type situation like a car has a flat tire or breaks down along the road, while working on the car the person can either place it on his arm with a strap or it has magnet that can be put on the vehic le while working on it.

Could you please let me know if it's in compliance with the law.

Thank you for help in this matter.

Looking forward to your reply.

ID: nht68-2.10

DATE: 06/04/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Canadian Embassy

TITLE: FMVSS INTERPRETATION

TEXT: This is in responce to your letters of April 15 and February 15 to Mr. B. A. Boaz of the Office of Public Affairs, Federal Highway Administration.

With reference to a Canadian manufacturer of motor buses you have asked "What safety regulations currently apply to importation of motor buses." Federal Motor Vehicle Safety Standards Nos. 102, 107, 205, and 209 currently apply to all motor buses; in addition, Standard No. 108 applies to motor buses 50 inches or more in overall width. I enclose a copy of the Standards for your guidance, together with a copy of the regulations governing importation of these vehicles.

You have also asked advice as to placing of lights required, vehicle braking requirements, and propane tank installation for "tent camper trailers" and "truck campers" manufactured by Specialites Capri limited of Montreal. Standard No. 108 applies to all trailers 80 or more inches in overall width, and specifies the lighting requirements for these vehicles. Thus far it is the only standard applicable to trailers. Therte are no Federal braking or propane talk installation requirements for these vehicles. The truck camper manufactured by Capri is considered motor vehicle equipment and must conform to the glazing material requirements of Standard No. 205. I enclose a copy of a recent Notice of Ruling Regarding Campers which will be of assistance to Capri.

If there are further questions we shall be glad to answer them, and I am sorry for the delay in responding to you.