Importing a conforming vs. a non-conforming vehicle.

If a motor vehicle was manufactured to comply with all applicable FMVSS, and bears a label certifying such compliance that was permanently affixed by its original manufacturer, there is no need for NHTSA approval before the vehicle is imported. However, the manufacturer would have to submit to the agency information identifying it and the products that it manufactures that are subject to our standards no later than 30 days after manufacturing begins. In addition, the manufacturer would have to submit to us information necessary to decipher the VIN that it must assign to each motor vehicle it manufactures for sale in the U.S. If the vehicle manufacturer is not located in the U.S. the manufacturer must also designate a U.S. resident as its agent for service of process.

If the vehicle is less than 25 years old and was not originally manufactured to comply with all applicable FMVSS, and/or was not so certified by its original manufacturer, it cannot be lawfully imported into the U.S. on a permanent basis unless NHTSA determines it eligible for importation. The agency makes those determinations on its own initiative or the basis of a petition from a registered importer. These are business entities that are specifically approved by NHTSA to import nonconforming vehicles and to perform the necessary modifications on those vehicles so that they conform to all applicable FMVSS. The petitions must specify that the vehicle is substantially similar to a vehicle that was certified by its original manufacturer as conforming to all applicable FMVSS and is capable of being readily altered to conform to those standards, or, if there is no substantially similar U.S.-certified vehicle, that the vehicle has safety features that comply with, or are capable of being altered to comply with, the FMVSS based on destructive test information or other evidence the agency deems adequate. Import eligibility decisions are made on a make, model, and model year basis.

An additional requirement for the lawful importation of a nonconforming vehicle is that it be imported by a registered importer (RI) or by an individual who has contracted with an RI to bring the vehicle into conformity with all applicable FMVSS. A bond in an amount equivalent to 150 percent of the declared value of the vehicle must be given at the time of importation to ensure that the necessary modifications are completed within 120 days of entry. A list of RI's can be found on the web site at nhtsa.dot.gov. You might want to contact one or more of the listed RIs to obtain their opinion on the feasibility of conforming the vehicle that you seek to import to the FMVSS, and the costs involved in petitioning the agency to determine that vehicle to be eligible for importation, as well as the costs for conforming the vehicle to the FMVSS.

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