USA: New exemption program for replica vehicles
The US National Highway Traffic Safety Administration (NHTSA) has published a final rule implementing an exemption program for replica motor vehicles manufactured or imported by low-volume manufacturers, as set forth in Section 24405 of the Fixing America’s Surface Transportation Act (FAST Act).
The FAST Act amended the National Traffic and Motor Vehicle Safety Act to to exempt annually 325 replica motor vehicles manufactured or imported by low-volume manufacturers from Federal Motor Vehicle Safety Standards (FMVSS) that apply to motor vehicles, but not standards that apply to motor vehicle equipment. To implement the exemption program the final rule establishes [in the U.S. Code of Federal Regulations (CFR), Title 49 – Transportation, Subtitle B, Chapter V, NHTSA] a new part 586 and amends VIN requirements in part 565, manufacturer identification requirements in part 566, manufacturer certification requirements in part 567, and importation requirements in part 591.
Basically, the National Traffic and Motor Vehicle Safety Act (Safety Act) states that ‘‘a person may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or motor vehicle equipment’’ unless the vehicle or equipment complies with all applicable Federal motor vehicle safety standards (FMVSS) in effect on the date of manufacture, unless covered by a non-application provision or exempted under the Safety Act.
Such an exemption will now be established by the newly published final rule.
The FAST Act defines a ‘‘replica motor vehicle’’ as a motor vehicle produced by a low-volume manufacturer that (i) is intended to resemble the body of another motor vehicle that was manufactured not less than 25 years before the manufacture of the replica motor vehicle; and (ii) is manufactured under a license for the product configuration, trade dress, trademark, or patent, for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration, trade dress, trademark, or patent rights.