Chris:
I am an investigator with the United States Department of Transportation (U.S. DOT), National Highway Traffic Safety Administration (NHTSA). I have received several complaints about your activities and have reviewed your business plan on your web site
http://www.skylinerevolution.com/index.html. Specifically where you state: “…[you] can bring cars in to the US as a "Kit Car" and register them legally as long as they meet the criteria that each INDIVIDUAL state requires.” I note that you are offering for sale Nissan Skyline model motor vehicles that were not originally offered for sale in the United States by Nissan.
This is false and misleads United States consumers. The importation of motor vehicles and motor vehicle equipment items falls within the Federal government’s jurisdiction, not the states.
By way of background, the NHTSA is the agency within DOT that is responsible for developing and enforcing the Federal motor vehicle safety standards (FMVSS), which establish minimum safety performance requirements for motor vehicles and certain items of motor vehicle equipment. As part of our enforcement program, we monitor motor vehicles and covered equipment items that are imported into the United States to ensure that they comply with all applicable FMVSS.
In 1988, Congress enacted legislation that prohibits the importation of any motor vehicle that is not certified by its original manufacturer as complying with all applicable FMVSS, except under prescribed conditions. A noncomplying motor vehicle less than 25 years old can only be imported on a permanent basis if NHTSA decides, on the basis of a petition from a Registered Importer (RI) or upon its own initiative, that the vehicle is capable of being modified to comply with all applicable FMVSS and is therefore eligible for importation. An additional requirement for the lawful importation of a nonconforming vehicle is that it be imported by an RI or by an individual who has contracted with an RI to bring the vehicle into conformity with all applicable FMVSS.
I note that your web page contains a link to the Federal Register notice in which NHTSA granted import eligibility to the 1990-1999 Nissan GTS and GTR models. You must understand that these vehicles must be imported under DOT bond by an RI. I note that you are not an RI, licensed by this agency.
You also mislead consumers by mentioning Kit Cars. Let me point out that you may not disassemble a motor vehicle overseas, ship it to the United States as parts, reassemble it, and attempt to call it a “Kit car.” To corroborate my statement, you should go to NHTSA’s legal interpretation link found below.
http://isearch.nhtsa.gov/files/21068.ztv.html
The pertinent paragraph of this interpretation is:
“Your final question is whether "a completed motor vehicle [can] be disassembled then shipped into the U.S. as parts, and then re-assembled here in the U.S. as a motor vehicle listing a different manufacturer than the original manufacturer."
A disassembled vehicle that was not certified by its original manufacturer as being in compliance with our standards is subject to the same import restrictions as an assembled one; i.e., it must have been the subject of a conformance capability determination, and be imported, reassembled, and brought into compliance by a RI, which must certify its conformance with our standards. In this event, there are two manufacturers of the vehicle, the original manufacturer whose marque name should appear on the vehicle, and the RI, which, under 49 U.S.C. 30102(a)(5), is a "manufacturer" for purposes of notification and remedy in the event that a safety-related defect or noncompliance with a Federal motor vehicle safety standard is determined to exist in the reassembled vehicle.”
NHTSA has reason to believe that you may have imported vehicles into the United States in violation of title 49 of the United States Code Section 30112(a), which reads, "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 manufactured on or after the date an applicable motor vehicle safety standard prescribed under this chapter takes effect unless the vehicle or equipment complies with the standard and is covered by a certification issued under section 30115 of this title."
My goal is to keep you and your company from unknowingly violating United States law and regulations, which could lead to criminal charges, seizure of any illegally imported vehicle(s), and civil penalties.
By the close of business March 2, 2006, provide me with the following information:
-The VINs of the advertised Nissan Skyline model motor vehicles that you have imported or are offering for sale.
-State the location of each such vehicle in the United States by address.
-If you have contracted with an RI, provide the name and telephone number of the RI.
-Provide a copy via fax of the United States Customs entry forms (7501) and the U.S. DOT HS-7 forms for any motor vehicles or motor vehicle equipment items that you have imported into the United States.
If you have unknowing violated the law, it is my intention to resolve this matter before any criminal charges are pursued. It is, however, important that you demonstrate cooperation with the U.S. DOT/NHTSA. In addition to criminal penalties, failure to provide the requested information in a timely manner may subject you to civil penalties of up to $5,000 per day up to a maximum of $16,050,000 under Title 49 of the Code of Federal Regulations 578.6(a)(2). Please feel free to contact me at your earliest convenience to clarify any issues relating to my request.
Please be aware that you may also be in violation of the laws and regulations that the Environmental Protection Agency (EPA) administers. EPA is a separate Federal government agency and you may want to review import information on their web site:
http://www.epa.gov/otaq/imports/index.htm.
I look forward to your response.
Sincerely,
Clint Lindsay
Investigator, Automotive Enforcement Specialist
Import and Certification Division
Office of Vehicle Safety Compliance
National Highway Traffic Safety Administration
U.S. Department of Transportation
400 7th Street, SW Room 6111
Washington, DC 20590
Voice: (202) 366-5288
Fax: (202) 366-7092
Email:
Clint.Lindsay@nhtsa.dot.gov
After talking to Clint on the phone and having about an hour long conversation its been brought to my attention that about 10 people from this forum have tried to turn me over to them with allegations of illegal activites. LOL... and after all that not one thing was found. NOTHING NADA ZIP ZERO. I am completely legit by the record by the law. So if you guys have any further questions or allegations and feel posting them here is a okay be very careful because this forum is now being monitored by alot more people then you might know. This Aaron (Redbaron or whatever) is also under investigation by my lawyer for liable and slanderous comments made to discredit my company or the legal status of my company. I am not making threats but I am informing people that they and all the GTR/Skyline forums are being carefully monitored.
Also we have a new update on the webpage for my company and the stock list has been updated check it out if you want!! Later fellas!
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