Interpretation ID: nht79-4.43

DATE: 08/09/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Bernard Olcott

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of July 10, 1979 informing us of your wish to import a 1972 Austin taxicab "for purposes of show on my private Southampton, New York property." You have assured us that "it will not be sold or licensed for use on the public roads," and you have asked if we will accept an affidavit for these facts so that you may import the taxi without the necessity of bringing it into compliance with all applicable Federal motor vehicle safety standards.

Since you are an attorney you know that under 19 CFR 12.80(b)(1)(vii) a noncomplying vehicle may be imported for "show" without the necessity of posting bond and conforming it. This exception is available for vehicles of technological or historical significance manufactured on or after January 1, 1968, intended for static display to the general public by motor vehicle manufacturers, museums, or other institutions. The Austin taxi and its use on private property do not appear to fall within this exception and we therefore cannot accept an affidavit from you.

However, our Office of Vehicle Safety Compliance is willing to advise you of the modifications necessary to bring the Austin taxi into compliance as several of them have been brought into the country in recent years. You should write the Director of that office, Francis Armstrong, for further information if you decide to import the vehicle.

SINCERELY,

July 10, 1979

Office of Chief Counsel National Highway Traffic Safety Administration

Sir:

I am planning to import a 1972 Austin London Diesel Taxicab for purposes of show on my private Southampton, New York property. It will not be sold or licensed for use on the public roads. I am a member of the Bar of the State of New York.

Will your office accept an affidavit from me for all the facts indicated above so that I can import such car by using Form HS-7 and indicating my compliance with Paragraph 7.

Bernard Olcott -- PATENT ATTY.