Interpretation ID: nht80-1.32

DATE: 03/17/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: David Williams

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your February 12, 1980, letter asking several questions about the applicability of Federal safety standards to an imported motor vehicle. In general, the National Highway Traffic Safety Administration requires all imported motor vehicles to comply with the safety standards in effect on the date of their importation.

In response to your first question, Standard No. 208, Occupant Crash Protection, requires each seating position in a passenger car to be equipped with a seat belt assembly as of January 1, 1968. Therefore, the rear bench seat of a 1972 passenger car was required by Federal regulations to have seat belts. If the vehicle to which you refer was imported without seat belts, the importer would have violated the National Traffic and Motor Vehicle Safety Act.

In your second question, you ask what standards apply to a vehicle that was used by its manufacturer as a company vehicle and then sold as a used vehicle to an individual. The vehicle would be required to comply with the standards in effect on the date of its manufacture or, in the case of an import, on the date on which it was imported. In a related question, you ask whether some of the safety systems installed in a vehicle can be disconnected. An individual is permitted to disconnect safety systems on his or her own vehicle. However, no repair business, manufacturer, dealer, or distributor may render inoperative any safety device or element of design installed in a motor vehicle in compliance with the safety standards.

Finally, you ask whether a manufacturer may import into the country a vehicle that does not comply with the safety standards. The answer to this question is no. An imported vehicle must comply with the safety standards in effect on the date of its importation into this country.

Sincerely,

ATTACH.

FEBRUARY 12, 1986

Office of Chief Counsel NHTSA - DOT Washington D.C.

Dear Sir -

I would appreciate your answering the following questions relating to a vehicle whose certification plate states that it meets all federal motor vehicle safety standards in effect May 1972 and which was imported into this country in June 1972.

1. If the rear bench seats do not have seat belt assemblies, would this be a violation of the National Traffic and Motor Vehicle Safety Act?

2. If a vehicle is sold after being used as a company vehicle by the manufacturer, but it is the first sale for purposes other than resale, which federal motor vehicle safety standards is the vehicle required to conform to? Can some of the safety systems installed to meet safety standards be disconnected?

3. Can a manufacturer import into this country a vehicle which does not conform to the applicable safety standards without informing the government?

It is very important that I receive this information as soon as possible.

Thank you.

All Best

DAVID WILLIAMS BOX 4091 WILMINGTON, DE 19807