Interpretation ID: nht79-4.41

DATE: 11/29/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Delta Six Industries Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of November 6, 1979, asking for our concurrence in your understanding of your obligation in importing trailers in kit form.

The pertinent part of your letter reads:

"Mr. Vinson advised me that so long as the kits included all proper lighting, rims and tires placards, name plates, etc., as required to be in compliance with Federal standards for such trailers, and adequate written instructions are included with the kit to insure proper assembly, there would be no legal problem preventing the sale of these kits in the United States."

Your understanding is correct. The kit's lighting equipment must meet the requirements of Federal Motor Vehicle Safety Standard No. 108 (49 CFR 571.108) and the instructions should indicate installation in locations meeting the requirements of that standard. Tires and rims must comply with Standards Nos. 119 and 120 respectively (49 CFR 571.119, 571.120), and a certification label must be included, to be affixed by the assembler, that conforms to 49 CFR Part 567.

SINCERELY,

DELTA SIX INDUSTRIES, INC.

November 6, 1979

Frank Berndt Chief Counsel, N.H.T.S.A.

Dear Mr. Berndt:

During my visit to Washington I had the opportunity to speak with Mr. Taylor Vinson of your office on October 10, 1979. At that time we discussed the question of importing a small trailer manufactured in Germany for sale in the United States in kit form. My question was, is there any legal problem which could prevent the sale of these import kits in the United States? Mr. Vinson advised me that so long as the kits included all proper lighting, rims and tires, placards, name plates, etc., as required to be in compliance with Federal standards for such trailers, and adequate written instructions are included with the kit to insure proper assembly, there would be no legal problem preventing the sale of these kits in the United States.

On the basis of the above comments by Mr. Vinson we are proceeding with negotiations to enter into this program. If there is any reason in your judgment to change or modify the above, please advise us as soon as possible by return mail. In any event, I would appreciate a letter of concurrence from your office that the above is accurate.

B. Kreitzer