Interpretation ID: GF001069

Michael Price, Project Manager
Mobilized Systems, Inc.
1032 Seabrook Way
Cincinnati, OH 45245

Dear Mr. Price:

This responds to your February 10, 2004, e-mail and subsequent phone communications with George Feygin of my staff, regarding certain U.S. Military Trailers that are being shipped to the United States from Europe for repairs. Specifically, you ask whether these trailers must comply with applicable Federal motor vehicle safety standards (FMVSSs) while they are in transit on U.S. highways from the seaport of entry to the repair facility in Cincinnati Ohio, and back to the seaport.

By way of background, the National Highway Traffic Safety Administration (NHTSA) administers Federal requirements for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment. NHTSA issues FMVSS applicable to new vehicles and equipment (49 CFR Part 571). Chapter 301 of Title 49 of the United States Code, "Motor Vehicle Safety" (49 U.S.C. 30101 et seq.), establishes a certification process under which each manufacturer is responsible for certifying that its products meet all applicable FMVSS.

49 CFR 571.7(c) provides that "no standard applies to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications."  [Emphasis added]

In the present case, youve indicated that the trailers were designed and manufactured as military command posts and sold directly to the military in conformance with specific contractual specifications. Accordingly, the trailers in question are exempt from applicable Federal motor vehicle safety standards.

Even if the trailers were not manufactured for, and sold directly to the military, they could be operated on public roads in the United States without being brought into conformity with all applicable FMVSS. While 49 U.S.C. 30112(a) prohibits the

introduction into interstate commerce of a motor vehicle that does not conform to all applicable FMVSS, Section 30112(b)(3) exempts from this prohibition "a motor vehicle intended only for export, labeled for export on the vehicle . . . and on the outside or any container or the vehicle . . . and exported." Accordingly, so long as the trailers are labeled "for export only," they could be operated on U.S. roads from the seaport to the repair facility and back without having to be brought into compliance with all applicable FMVSS.

I hope this information is helpful. If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

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