Interpretation ID: nht91-5.13

DATE: August 2, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: David A. McClaughry -- Harness, Dickey & Pierce

TITLE: Your ref: 0364-50108

ATTACHMT: Attached to letter dated 7-11-91 from David A. McClaughry to Paul Jackson Rice

TEXT:

This responds to your letter of July 11, 1991, with respect to the applicability of the Federal motor vehicle safety standards (FMVSS) to a sale of motor vehicles to the United States Navy.

The Navy has proposed specifications for the design of a zero-emission motor vehicle which may not meet some of the FMVSS. You are aware of the exemptions that 49 CFR 571.7(c) provides for military vehicles, and that 15 U.S.C. 1410(a)(1)(C) provides, upon the Administrator's grant of a petition, for low-emission motor vehicles. These raise certain questions which you have asked us to answer.

First, you would like our interpretation of "military vehicle." The definition of "military vehicle" is that contained in section 571.7(c): a vehicle manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications. This means any vehicle that the military purchases. However, if the contractual specifications require compliance with the FMVSS, the military vehicle must be manufactured to conform to the FMVSS.

You have asked whether the exclusion extends "only for FMVSS or all safety standards." The exclusion of section 571.7(c) is only from the FMVSS. However, vehicles that are owned by the United States Government bear Government registrations. They are not subject to State licensing laws, and, therefore, are exempt from State vehicle safety standards.

You have also asked if there are other military safety standards that the vehicles must satisfy. We are unaware of any military safety standards, but, if such standards exist, they would be standards of the Department of Defense, and not those of the Department of Transportation.

Finally, you have asked whether your client should attempt to obtain a low-emission vehicle temporary exemption under section 1410(a)(1)(C). Because of the existing exclusion from FMVSS compliance, we see no need for such an exemption if the vehicle is sold exclusively to the Navy or another branch of the military. However, if your client intends to sell the military-specification vehicle to an entity other than the Armed Forces of the United States, it must either comply with all applicable FMVSS at the time of manufacture and sale, or be exempted under one of the four subsections of section 1410(a)(1).