NHTSA Harmonizes CMVSS Imports

The National Highway Traffic Safety Administration (NHTSA) has announced a final decision that certain vehicles that do not comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS)—but that are certified by their original manufacturer as complying with all applicable Canadian Motor Vehicle Safety Standards (CMVSS)—are nevertheless eligible for importation into the United States.

The vehicles in question either are substantially similar to vehicles that were certified by their manufacturers as complying with the U.S. safety standards and are capable of being readily altered to conform to those standards, or have safety features that comply with, or are capable of being altered to comply with, all U.S. safety standards.

On September 18, 2012, NHTSA published a notice in the Federal Register announcing that it had made a tentative decision that identified these vehicles as:

• All passenger cars manufactured on or after September 1, 2012, and before September 1, 2017, that, as originally manufactured, comply with FMVSS Nos. 138, 201, 206, 208, 213, 214, and 225.

• All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 1, 2012 and before September 1, 2017, that, as originally manufactured, comply with FMVSS Nos. 201, 206, 208, 213, 214, and 216, and insofar as they are applicable, with FMVSS Nos. 138, 222, and 225.

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