2. Ministry concerned: Ministry of Construction, Ministry of Transport

3. Background Information:

In the United States, camping trailers (hauled by tractors, including travel trailers, fifth wheel trailers and park trailers) and motorhomes (with engines) are used extensively for leisure. Their facilities, installation method, etc., are stipulated by ANSI (American National Standards Institute) standards.

In Japan, a motorhome may be registered and operated, in principle, as an automobile stipulated by the Road Vehicles Act. On the other hand, no clear legal provisions exist for camping trailers because they have not been popular in Japan, and therefore their use has not been known. Naturally, there are no specific standards for camping trailers.

Some consider that camping trailers should be regarded as "automobiles" defined by the Road Vehicles Act since they are equipped with wheels and can be moved on the road. Others consider that they should be considered as "buildings" defined by the Construction Standard Law because they are fixed to the ground for a certain period of time.

(1) Regulations concerning automobiles and vehicles

"Automobiles" defined by the Road Vehicles Act must satisfy the following conditions for operation:

1) The structure and equipment of automobiles must satisfy the safety regulations for Road Vehicles stipulated by the Road Vehicles Act;
2) Concerning 1), automobiles must be inspected by the Minister of Transport and be granted a valid automobile inspection certificate;
3) Automobiles must be registered in the automobile registration file; and
4) Upon the inspection and registration, it is necessary to pay the automobile weight tax, insurance premiums for automobile third party liability insurance, etc.

In addition, if the Director-General of a District Transport Bureau certifies that the structure or use of the vehicle is special, it may be allowed to be operated under a relaxed set of safety regulations for Road Vehicles. In addition, in the test operating of the vehicle, provided there is special necessity and the permit of temporary operation is given by the Director-General of a District Transport Bureau, the vehicle may be driven without registration.

Furthermore, the Road Law and its cabinet decree (Vehicle Control Order) stipulate the standards such as the length and width of vehicles suitable for travel on roads. Vehicles not conforming to these standards may travel on roads, under certain conditions, if the road authorities grant these vehicles with special structure permission.

(2) Regulations concerning buildings

The Building Standard Law defines buildings as "those with roofs and columns or walls (including similar structures) of constructions fixed to the ground". The law provides the technical standards buildings must satisfy. In addition, if a building employs special construction materials or structural methods not anticipated usually by the law, it is necessary to obtain the approval of the Minister of Construction that the building has the strength equal to or greater than the provision of the law.

There are no specific standards for camping trailers concerning such facilities as electricity, gas, and water. Consequently, the standards under existing laws are applied, depending on how the utilities are connected.

4. Complaint:

A form of leisure called "destination camping" using a camping trailer or motorhome has developed over many years in the United States. Destination camping means spending a vacation staying in a camping trailer at a well-equipped camping site. Standards of the facilities, installation sites, installation method, etc., for these special vehicles have been established by ANSI. In the United States, these vehicles are regulated by their own specifications and standards as "special vehicles for destination camping", and therefore never regulated as "buildings".

In Japan, camping trailers have been imported into and sold without clear legal classification. If imports and sales increase in such a situation, camping trailers may be subject to excessive regulations both as buildings and automobiles (vehicles), and there is a concern of the proliferation of dangerous use on the other hand.

The complainant claimed that the current regulations should be reviewed and new specifications and standards promptly prepared according to the inherent use of camping trailers for destination camping so that their imports will be facilitated and they will be used safely. The complainant raised the following issues:

(1) As long as a camping trailer is used for its inherent purpose, it should not be subject to the Building Standard Law.

(2) The ministries concerned should prepare new specifications and standards for camping trailers for destination camping based on ANSI standards.

As for motorhomes, there are a number of discrepancies in the standards for auxiliary facilities between Japan and the United States. It is the complainant's wish to deliberate these problems again after observing the progress in the main issues concerning camping trailers.

5. Results of Deliberation:

If existing laws are mechanically applied when a new product unfamiliar to Japanese is imported, there is concern that the product might be subject to excess regulation. What matters is how convenience and safety will be ensured to the consumer in line with the inherent use of the product. In order to facilitate the import of the product and benefit the consumer in addition to ensuring safety, it is necessary to revise or establish specifications and standards according to the inherent properties of the product.

As camping trailers have been unfamiliar in Japan, no legal framework has been developed according to their inherent properties. Considering that there is a good possibility that camping with camping trailers will become a popular form of leisure, it is not desirable to continue to mechanically apply the current legal system to the products.

Consequently, the following actions should be taken in the meantime.

(1) According to the Ministry of Transport, camping trailers are classified as "automobiles" under the Road Vehicles Act. However, it is observed that, in Japan, camping trailers have been not used for the originally intended purpose: they have been used the same as buildings in urban areas. Consequently, the Ministry of Construction asserts that it is necessary to apply the Building Standard Law to camping trailers that are installed at fixed places for an extended period of time and are used for housing, lodging, etc. This is because it is necessary to ensure safety against earthquakes, fire, typhoons, etc., and to ensure appropriate habitation environment like general houses, inns, etc. The Ministry of Construction states that camping trailers used for camping at camping grounds and those that can be moved on roads at any time like motorhomes will not generally be subject to the Building Standard Law. As this is a commendable judgment, the ministry concerned should make an effort to inform those concerned of the decision.

(2) The Ministry of Transport, the Ministry of Construction, and other relevant ministries (the relevant ministries, hereafter) should study and conclude within one year or so on how to prepare new specifications and standards for camping trailers, i.e. whether the new specifications and standards should be established within the current legal framework or a new law (including amendments of existing laws) should be enacted. To this end, the relevant ministries should, with the cooperation of the complainant, study how a foreign camping trailer would violate the existing laws when it is used as originally intended at a campsite without any modification to its structure. They should examine how the laws themselves or their applications should be remedied to accommodate the use of the camping trailer. To be more specific, the relevant ministries should promptly study the specifications on camping trailers and U.S. regulations submitted by the complainant (in particular, those believed to violate the current Japanese regulations) and compare them with the current laws of Japan.

This Council plans to seek reports from the relevant ministries and study the case if necessary.

Government decision (March 26, 1996)

4-(1) Facilitating Imports of Camping Trailers and Motorhomes

Camping trailers used for camping at camping at camping grounds will not be subject to the Building Standard Law, and those concerned will be informed of this decision. The Ministry of Transport, the Ministry of Construction, and other relevant ministries (the relevant ministries, hereafter) will study and conclude within one year on how to prepare new specifications and standards for camping trailers, i.e. whether the new specifications and standards should be established within the current legal framework or a new law (including amendment of existing laws) should be enacted. To this end, the relevant ministries will promptly study the specifications and U.S. regulations submitted by the complainant and compare them with the current laws of Japan.

Follow-up (May 12, 1997)

4-(1) Facilitating Imports of Camping Trailers and Motorhomes

(1) The Ministry of Construction took steps to inform concerned parties that camping trailers which may voluntarily be moved at any time, judging from conditions such as their size, form and method of installation, should be handled as not being subject to the Building Standards Law in its circular on "Handling of camping trailers under the Building Standards Law"(circular issued March 31, 1997 by the Director of the Building Guidance Division Housing Bureau, Ministry of Construction).

(2) In August 1996, the Secretariat of the OTO prepared a Japanese translation of American National Standards Institute (ANSI) standards relating to camping trailers which had been provided by the complainants, which the relevant ministries studied in order to determine whether there were any problems in the light of existing Japanese laws. With the relevant ministries attending, the Secretariat of the OTO held a meeting on camping trailers in October 1996, with the complainants present to explain to meeting participants how camping trailers are used in the United States. The complainants have continued to collect information on specifications for camping trailers and regulations pertaining to them in the U.S., to supplement the ANSI standards and information provided during the meeting. Based on this additional information, the relevant ministries will promptly study how camping trailers may be accommodated in the future under existing Japanese laws.

Because of misunderstandings on the part of some participants concerning the interpretation of structural standards for camping trailers, etc. formulated by the Japan Automobile Manufacturers' Association and the Japan Auto-Body Industries Association, they were contacted by letter for correcting their misunderstanding by the Ministry of Transport in January 1997.