saddamsnightmare
Well-known member
- 3,618
- 80
- 48
- Location
- Abilene, Texas
June 14th, 2014.
Bette Davis had it quite right, getting old isn't for sissies. See letter below referred to in my post No. 60 above!
TYPE: Interpretation-NHTSA
DATE: March 16, 1994
FROM: John Womack -- Acting Chief Counsel, NHTSA
TO: John M. Tolliday -- President, Dayman USA Inc. (Bedford, VA)
TITLE: None
ATTACHMT: Attached to letter dated 8/7/89 from Stephen P. Wood to Clifford
Anglewicz (Sec 102); Also attached to letter dated 9/2/93 from John M. Tolliday
to John Womack (OCC 9063)
TEXT:
We have received your letter of September 2, 1993, with respect to your wish
to import "British Army Ferret Armored Cars." The armaments have been removed.
You would be selling these vehicles "on the basis they would only be used for
off road purposes." You ask whether the vehicles would be exempt from the
Federal motor vehicle safety standards. You have enclosed two photos of the
machine.
By way of background, I would like to discuss how military vehicles
manufactured in the United States are treated under the National Traffic and
Motor Vehicle Safety Act, the authority for the Federal motor vehicle safety
standards (FMVSS). The first qu estion to be answered is whether any particular
vehicle is a "motor vehicle" as defined by the Safety Act, that is to say,
whether it is a vehicle that has been manufactured primarily for use on the
public roads. If we conclude that a vehicle is manufac tured primarily for on
road use, it is a "motor vehicle," notwithstanding the fact that it may be sold
"on the basis they would only be used for off road purposes." We see no way in
which a seller can bind a purchaser to such use, and, certainly, such a
restriction would not be binding on subsequent owners of the vehicle. As for
individual vehicle types, to state the obvious, a tracked motor vehicle such as
a tank intended for cross-country off-road terrains is not a "motor vehicle." If
a vehicle, suc h as a military bus, has been manufactured primarily for on- road
use, it is a "motor vehicle." However, NHTSA excuses vehicles from compliance
with the FMVSS if they have been manufactured in accordance with contractual
specifications of the armed forc es of the United States (49 CFR 571.7(a)).
Furthermore, because the Safety Act does not regulate sales of vehicles to
owners subsequent to the original one, the U.S. armed forces may sell military
vehicles to the public at the end of their useful milita ry life without having
to bring them into conformity with the FMVSS (however, because of safety policy
considerations they have not done so with respect to M-151 jeeps and HMMV
vehicles).
The importation of used military vehicles manufactured abroad is governed
differently. Under the Safety Act, any "motor vehicle," whether new or used,
that is imported into the United States must be brought into conformity with all
FMVSS that applied at the time of its manufacture. The question that must be
answered is whether a Ferret, at the time of importation, would be considered a
"motor vehicle." In an interpretation concerning an "armored security vehicle"
then being used by the U.S. armed for ces, we informed the manufacturer, Verne
Corporation on August 7, 1989, that the vehicle would have to conform to the
FMVSS if sold for civilian use. I enclose a copy of that interpretation. We
believe that this interpretation applies to the Ferret as well, and, therefore,
the vehicle is not exempt from the FMVSS. Because of the
overall configuration of the Ferret with its high approach and departure
angles and its suitability for use on rough terrain, the FMVSS that would apply
are those that must be met by a "multipurpose passenger vehicle."
Assuming you are still interested in importing the Ferret's for resale, the
Imported Vehicle Safety Compliance Act requires that the agency determine that
the vehicles are capable of conversion to meet the FMVSS, and that the Ferrets
be imported by a "re gistered importer." The agency makes determinations upon
the basis of a petition by the manufacturer or registered importer (or upon its
own volition). A "registered importer" is one whom NHTSA has recognized as
capable of converting vehicles to meet t he FMVSS. If you would like further
details on eligibility determinations and import procedures, please let us know
and we shall be pleased to provide them.
Bette Davis had it quite right, getting old isn't for sissies. See letter below referred to in my post No. 60 above!
TYPE: Interpretation-NHTSA
DATE: March 16, 1994
FROM: John Womack -- Acting Chief Counsel, NHTSA
TO: John M. Tolliday -- President, Dayman USA Inc. (Bedford, VA)
TITLE: None
ATTACHMT: Attached to letter dated 8/7/89 from Stephen P. Wood to Clifford
Anglewicz (Sec 102); Also attached to letter dated 9/2/93 from John M. Tolliday
to John Womack (OCC 9063)
TEXT:
We have received your letter of September 2, 1993, with respect to your wish
to import "British Army Ferret Armored Cars." The armaments have been removed.
You would be selling these vehicles "on the basis they would only be used for
off road purposes." You ask whether the vehicles would be exempt from the
Federal motor vehicle safety standards. You have enclosed two photos of the
machine.
By way of background, I would like to discuss how military vehicles
manufactured in the United States are treated under the National Traffic and
Motor Vehicle Safety Act, the authority for the Federal motor vehicle safety
standards (FMVSS). The first qu estion to be answered is whether any particular
vehicle is a "motor vehicle" as defined by the Safety Act, that is to say,
whether it is a vehicle that has been manufactured primarily for use on the
public roads. If we conclude that a vehicle is manufac tured primarily for on
road use, it is a "motor vehicle," notwithstanding the fact that it may be sold
"on the basis they would only be used for off road purposes." We see no way in
which a seller can bind a purchaser to such use, and, certainly, such a
restriction would not be binding on subsequent owners of the vehicle. As for
individual vehicle types, to state the obvious, a tracked motor vehicle such as
a tank intended for cross-country off-road terrains is not a "motor vehicle." If
a vehicle, suc h as a military bus, has been manufactured primarily for on- road
use, it is a "motor vehicle." However, NHTSA excuses vehicles from compliance
with the FMVSS if they have been manufactured in accordance with contractual
specifications of the armed forc es of the United States (49 CFR 571.7(a)).
Furthermore, because the Safety Act does not regulate sales of vehicles to
owners subsequent to the original one, the U.S. armed forces may sell military
vehicles to the public at the end of their useful milita ry life without having
to bring them into conformity with the FMVSS (however, because of safety policy
considerations they have not done so with respect to M-151 jeeps and HMMV
vehicles).
The importation of used military vehicles manufactured abroad is governed
differently. Under the Safety Act, any "motor vehicle," whether new or used,
that is imported into the United States must be brought into conformity with all
FMVSS that applied at the time of its manufacture. The question that must be
answered is whether a Ferret, at the time of importation, would be considered a
"motor vehicle." In an interpretation concerning an "armored security vehicle"
then being used by the U.S. armed for ces, we informed the manufacturer, Verne
Corporation on August 7, 1989, that the vehicle would have to conform to the
FMVSS if sold for civilian use. I enclose a copy of that interpretation. We
believe that this interpretation applies to the Ferret as well, and, therefore,
the vehicle is not exempt from the FMVSS. Because of the
overall configuration of the Ferret with its high approach and departure
angles and its suitability for use on rough terrain, the FMVSS that would apply
are those that must be met by a "multipurpose passenger vehicle."
Assuming you are still interested in importing the Ferret's for resale, the
Imported Vehicle Safety Compliance Act requires that the agency determine that
the vehicles are capable of conversion to meet the FMVSS, and that the Ferrets
be imported by a "re gistered importer." The agency makes determinations upon
the basis of a petition by the manufacturer or registered importer (or upon its
own volition). A "registered importer" is one whom NHTSA has recognized as
capable of converting vehicles to meet t he FMVSS. If you would like further
details on eligibility determinations and import procedures, please let us know
and we shall be pleased to provide them.