Interpretation ID: nht79-4.42

DATE: 05/21/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Show Associates

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 20, 1979, asking two questions about a 1977 Ford van of Canadian manufacture that you "take to the U.S. for various shows."

Your first question is:

"1. Our query: - with the new C & S Motor Vehicle Safety Standards regulation, what effect will this have on our crossing the border."

I assume you are referring to the amendment of certain U.S. importation regulations effective January 3, 1979, governing motor vehicles and equipment subject to the Federal motor vehicle safety standards (Title 19, Code of Federal Regulations, Section 12.80). The most significant change is the requirement that each importer must file a declaration concerning compliance with the motor vehicle safety standards, at the time of importation. This requirement may be waived for vehicles of Canadian registry at the border if they conform to U.S. Federal motor vehicle safety standards and bear the certification label required under U.S. law. This is the "sticker" referenced in your letter.

"2. Is there an inspection certificate we can pick up at the border point to affix to our van to state we comply with the standards."

No. The certificate is that which is affixed by the original manufacturer at the time of manufacture.

It is the agency's policy to require compliance of Canadian-registered vehicles to U.S. requirements if a substantial portion of their operation is on U.S. roads, one example being trucks that haul goods over the border on a day-to-day basis. You do not state the frequency with which you enter the United States and it is possible that Customs officials may consider you in this category.

Several other provisions might apply to you. A non-resident of the U.S. may import a non-conforming vehicle for a period of up to 1 year, for his personal use (19 CFR 12.80(b)(1)(v)), and the requirement for a declaration may be waived at the border. Obviously this provision contemplates an extended visit and not frequent border crossings. Under another provision, 19 CFR 12.80(b)(1)(vii), a non-conforming vehicle may be imported for "show" provided that it is not licensed for use on the public roads. Thus, use on private property such as show grounds would be consistent with this form of entry. However, a declaration must be filed.

I am enclosing a copy of the regulations for your information.

SINCERELY, February 20, 1979

Department of Transportation Motor Vehicle Safety Standards

Dear Sir:

With reference to C & S Motor Vehicle Safety Standards we have a query which I hope you can answer.

We have a fully customized '77 Ford Van that we take to the U.S. for various shows. Although the van exterior-wise has been drastically changed, the mechanical has not been altered. All emission controls and so forth are still intact.

Our last couple of times across the border (Windsor/Detroit) customs officers were looking for a particular sticker.

The van was completely repainted and all stickers removed save for the identification plate and serial number.

The van is of Canadian manufacture. 1. Our query: - with the new C & S Motor Vehicle Safety Standards regulation, what effect will this have on our crossing the border.

2. Is there an inspection certificate we can pick up at the border point to affix to our van to state we comply with the standards.

3. The van is always trailered and driven only during July and August.

Thanking you for your co-operation in this matter.

SHOW ASSOCIATES

Bruce L. Robertson