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Thursday, December 19, 2019

NHTSA Issues Draft Replica Car Rule in Response to SEMA Lawsuit


Mitsuoka Le-Seyde 
The NHTSA has finally published proposed regulations to implement the 2015 Low Volume Motor Vehicle Manufacturers Act.  SEMA sued the US DOT in October for failure to issue the regulations.  This is not the full official version that will be published in the Federal Register, but that is forthcoming


Section 24405 of the Fixing America’s Surface Transportation Act (FAST Act) amended the National Traffic and Motor Vehicle Safety Act (Safety Act) to direct the Secretary of Transportation (NHTSA by delegation) to exempt annually a limited number of 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 and the procedural mandates of the FAST Act, NHTSA is proposing, in a new Part 586, requirements for registering as a replica 2 manufacturer, submitting annual reports, providing consumer disclosures, and labeling. NHTSA is proposing procedures to exempt replica vehicles produced by registrants from all the FMVSS that apply to new motor vehicles. This NPRM also proposes changes to Part 565, to require manufacturers to encode specific information into each replica vehicle’s VIN, and to Parts 566 and 567 for manufacturer identification and vehicle certification, respectively.

The Acting Administrator for NHTSA, James Owens, signed the following Notice of Proposed Rulemaking on December 12, 2019, and we submitted it for publication in the Federal Register. While NHTSA has taken steps to ensure the accuracy of this Internet version of the notice, it is not the official version of the notice. Please refer to the official version in a forthcoming Federal Register publication, which will appear on the Government Printing Office’s FDSys website (www.gpo.gov/fdsys/search/home.action) and on Regulations.gov (https://www.regulations.gov/docket?D=NHTSA-2019-0121). Once the official version of this document is published in the Federal Register, this version will be removed from the Internet and replaced with a link to the official version.


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