“Whether a replica motor vehicle sufficiently ‘resembles’ an original motor vehicle is a matter NHTSA will decide on an individualized basis and in its discretion, taking into account the overall appearance of the vehicle,” the agency wrote in the regulation. “To be clear, the FAST Act creates an exemption program designed to allow historic models to be replicated in a less costly way by low-volume manufacturers. NHTSA does not interpret ‘resemble’ in a manner in that would allow vehicles that are merely inspired by older vehicles to be built, or otherwise allow for artistic license to create vehicles that merely remind the public of past automotive heritage.”
First, in a free country, a manufacturer never needs permission to produce a good or provide a service. Second, when a “law” depends on a government agency making decisions “on an individualized basis and in its discretion” it is diktat, not law. While we can be grateful that our rulers has deigned to let us build, buy, and enjoy these cars, we cannot be happy about the process.