How does NHTSA determine what is a motor vehicle?
The term “motor vehicle” is defined for the purpose
of the statute and regulations that NHTSA administers as “a
vehicle that is driven or drawn by mechanical power and manufactured
primarily for use on public streets, roads, and highways.”
See 49 U.S.C. § 30102(a)(6). To be imported free of restriction,
a motor vehicle less than 25 years old must be originally manufactured
to comply with all applicable FMVSS and bear a label certifying
such compliance that is permanently affixed by the vehicle’s
original manufacturer.
When a vehicle has on-road capabilities, the agency looks at five
factors to determine if the vehicle is a “motor vehicle”
that must be so manufactured and certified to be lawfully imported
into the U.S. These factors are:
• Whether the vehicle will be advertised for use on-road as
well as off-road, or whether it will be advertised exclusively for
off-road use;
• Whether the vehicle’s manufacturer or dealers will
assist vehicle purchasers in obtaining certificates of origin or
title documents to register the vehicle for on-road use;
• Whether the vehicle is or will be sold by dealers selling
other vehicles classified as motor vehicles;
• Whether the vehicle has or will have affixed to it a warning
label stating that the vehicle is not intended for use on the public
roads; and
• Whether States or Foreign countries have permitted or are
likely to permit the vehicle to be registered for on-road use.
These are the basic questions which usually fogs up at the time
of import. Our Car shipping company consists of well trained employees
to tackle all the basic and general queries.
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