1. REQUIREMENT TO RESEMBLE THE REPLICATED VEHICLE
The FAST Act states that a replica vehicle is a vehicle that is “intended to resemble the body” of another motor vehicle that was manufactured at least 25 years before the replica. NHTSA is proposing requirements that replica manufacturers demonstrate objective manifestations of intent.
To balance objectivity, feasibility, and enforceability, NHTSA is proposing a requirement that manufacturers submit documentation to support the assertion that the replica vehicle is intended to resemble the original. The documentation must demonstrate that the replica vehicle has the same length, width, and height as the original and must include images of the original vehicle and design plans for the replica vehicle.
One way to ensure that a vehicle is intended to resemble another vehicle would be to require the measurements and shape of the replica motor vehicle body to be identical to those of the replicated vehicle. NHTSA has tentatively decided not to propose requiring replica vehicles to have the exact same specifications as the original vehicles. All of the specifications for the original may not be available and some adjustments may be necessary (e.g., to accommodate modern safety features). That being said, our research shows that information regarding the dimensions of popular car models is available. Therefore, NHTSA believes that requiring the replica vehicles to have the same height, width, and length of original would be a reasonable and objective requirement that would help ensure that replica vehicles are intended to resemble the replicated vehicle.
In addition to the dimension and shape requirement, NHTSA is proposing a requirement that each replica vehicle have the same outward appearance or exterior as the original vehicle. This would mean that each replica must have the same body styling, shape, and exterior features as the original. Compliance with this requirement would be determined based primarily on the location, size, and shape of exterior features and the overall shape of the body of the vehicle.
We interpret the Act's reference to “body” to mean any part of the vehicle that is not part of the chassis or frame. Therefore, NHTSA interprets “body” to include, but not be limited to: The exterior sheet metal and trim, the passenger compartment, trunk, bumpers, fenders, grill, hood, interior trim, lights and glazing. In making this interpretation, NHTSA looked at, among other things, its concept of “body type” as defined at 49 CFR 565.12. “Body type” is defined as the general configuration or shape of a vehicle distinguished by such characteristics as the number of doors or windows, cargo-carrying features and the roofline (e.g., sedan fastback, hatchback). This definition helped NHTSA identify vehicle features and components that are part of the vehicle body. Because the definition includes reference to the shape of the vehicle as well as both exterior and interior features, NHTSA interprets the concept of “body” to include both exterior and interior characteristics. Although a replica vehicle must be the same body type as the original vehicle, merely replicating the number of doors and windows, cargo-carrying features, and the roofline is not sufficient.