Interpretation ID: 1982-3.3

TYPE: INTERPRETATION-NHTSA

DATE: 08/27/82

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mack Trucks Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 5, 1982 to Mr. Vinson of this office requesting reconsideration of the agency's letter of July 22, 1982, advising you that a certain Volvo truck Model F12 had exceeded the three-year limit for nonconforming vehicles temporarily imported for purposes of test or experiment.

I have reviewed this file and determined that the agency's earlier letter was based upon the erroneous assumption that Mack Trucks was the importer of the truck in question. The facts appear to be that the truck was imported not by Mack but by Volvo of America on May 4, 1978 under the declaration that it conformed to all applicable Federal motor vehicle safety standards and was so certified (19 CFR 12.80(b)(1)(ii)).

However, on December 13, 1979 Mack Trucks informed us that it had purchased the vehicle from Volvo, both parties being aware that it did not meet Federal safety regulations, that Mack had "recently" learned that the vehicle had come into the country under a mistaken declaration, and that Volvo should have entered it under the testing exemption provided by 19 CFR 12.80(b)(1)(vii). Since then the agency has treated Mack as if it were the importer of the vehicle.

We are sorry for this error. Volvo appears to be in technical violation of the National Traffic and Motor Vehicle Safety Act by importing and selling a nonconforming motor vehicle, and by mistakenly declaring that it did conform. Because Volvo never filed an amended declaration form the testing exemption never came into effect; had one been in effect, Volvo could have leased the truck to Mack but its sale would have been a violation.

Mack's status is only that of a purchaser of a nonconforming truck imported by another person. The Act does not prohibit such purchase or regulate the use of such vehicles. Further, we find that the 3-year limit has never applied to this vehicle, and that Mack may make indefinite use of it and dispose of it as it wishes.

SINCERELY,

MACK TRUCKS, INC.

August 5, 1982

Taylor Vinson Office of Chief Counsel (NOA-30) National Highway Traffic Safety Administration

Dear Mr. Vinson: Subject: Volvo F-12 Truck-Tractor VIN5122230 Imported for Test & Evaluation In May, 1978, Mack Trucks, Inc., purchased from the Truck Division of Volvo of America Corporation a Volvo model F-12 Truck-Tractor to be used as part of a competitive chassis engineering evaluation program in conjunction with the development of a new model series. This vehicle was not in compliance with all applicable safety standards and was, therefore, imported in accordance with 19CFR12.80(b) (1) (vii).

Under the provisions of 19CFR12.80(b) (2), Mack Trucks, Inc. was granted permission to operate the vehicle on the public road only until May 4, 1982. We have attached for your information all relevant correspondence pertaining to the importation and use of the subject vehicle to date.

Due to circumstances beyond our control, we have not been able to maintain our evaluation program schedule and are, therefore, requesting permission to operate the vehicle on the public highways until May 4, 1983. This should allow us to complete the program as planned.

In support of our request, we wish to offer the following relevant facts which prompted us to seek this extension or deviation:

(a) Economic conditions over the past several years, and the resultant down turn in our industry, have forced us to re-evaluate, and, in some cases, delay our new model programs. In light of this condition, we have not been able to utilize the subject vehicle on a continuing basis as initially planned.

(b) Since May, 1978, Mack has accumulated only 4,730 miles on the vehicle in question and we expect to add only another 1300 miles before May, 1983. As can be seen, this is very limited exposure on the public roads, particularly in light of the fact that part of the distance travelled was and will be on our own test track.

(c) Mack Trucks, Inc., as one of the largest exporters of heavy-duty trucks from the U. S., feels very strongly about retaining and expanding our overseas markets with suitable, indeed, superior products. At this point in our new model program, we are concentrating on an export version of our new COE vehicle which will compete in the world marketplace against such vehicles as the Volvo. It is, therefore, imperative that we complete a full and meaningful evaluation of the vehicle in question to develop a truly competitive product.

(d) With the probable introduction of heavy-duty Volvo trucks into the North American marketplace in the near future, due to the acquisition by Volvo of the White Motor Company, it becomes important for us to complete the evaluation and testing of this vehicle in order to appraise our competitiveness in the domestic market.

In view of the above facts, we request a deviation from the requirements of 19CFR12.80(b) (2) to allow us to use the subject vehicle on the highways until May 4, 1983. We would be only too pleased to discuss this matter further if you so desire in order to obtain a timely decision.

S. Robson Executive Engineer of Vehicle Regulations

CC: FRANCIS ARMSTRONG, DIR. OFC. OF VEHICLE SAFETY COMPLIANCE ENFORCEMENT