Interpretation ID: nht68-1.50

DATE: 02/12/68

FROM: AUTHOR UNAVAILABLE; William Haddon Jr. M.D.; NHTSA

TO: Thomas H. Kuchel; House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: The Commissioner of Customs has referred to us for further reply your letter of January 8, 1968, enclosing correspondence from your constituent, G. Harry Windsor of Los Catoa. Mr. Windsor objects to regulations of the Department of Transportation and the Department of the Treasury which he believes would result in the "arbitrary disposal or confiscation" of certain motor vehicles. He also states that he is denied the right "to import a single car manufactured after 1 January 1968, even a highly priced collector's item for static display" because he is not a manufacturer. While the regulations as originally proposed might have lent themselves to such an interpretation, Mr. Windsor will be pleased to know that the final regulations were amended to provide that an individual may import a nonconforming vehicle for "show" purposes if it will not be licensed for use on the public roads.

The enclosed regulations, which became final on January 10, 1968, govern importation of motor vehicles subject to the National Traffic and Motor Vehicle Safety Act of 1966. Section 108(b)(3) of the Act provides (which 19 C.F.R. @ 12.80(b)(3) and (e) implement) that vehicle offered for importation into the United States must conform to applicable Federal motor vehicle safety standards prior to its entry except that nonconforming vehicles may be admitted upon terms and conditions appropriate to insure that they "will be brought into conformity . . . or will be exported or abandoned to the United States." (Emphasis supplied) Thus, any disposal or confiscation will not be arbitrary but only in accordance with the statutory mandate.