Interpretation ID: 19024.wkm

Mr. William E. Daniels, Jr.
Precision Husky Corporation
P.O. Box Drawer 507
Leeds, AL 35094-0507

Dear Mr. Daniels:

Please pardon the delay in responding to your letter to Walter Myers of my staff in which you asked whether the tub grinders your company produces would constitute motor vehicles. The answer is no.

You stated that the purpose of the tub grinders is the processing of organic waste materials. The grinders are used at composting facilities and land fills world-wide. You stated that normally, a customer will purchase a grinder at the factory, after which it is transported to the distributor for final inspection, then delivered to the customer's work site. Once there it typically remains at that site for its useful life, considered to be approximately 5 to 7 years. The grinder may be towed over the public roads on rare occasions, however, such as from job site to job site, back to the factory for rebuilding, and resold and towed to the next buyer. You also referred to a problem with shipping a grinder into Canada.

Chapter 301 of Title 49, U.S. Code (U.S.C.) (Safety Act) authorizes the National Highway Traffic Safety Administration to establish Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. The Safety Act, at 49 U.S.C. 30102(a)(6), defines "motor vehicle" as:

[A] vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

Based on your description of your tub grinders and the product brochures you enclosed with your letter, it appears that the grinders are not motor vehicles within the statutory definition quoted above. They obviously are designed to be used primarily at off-road job sites for extended periods of time, although they are capable of being towed to other locations. In such cases, the on-road transport of these items is merely incidental and not the primary purpose for which they were manufactured. This contrasts with instances in which vehicles such as dump trucks frequently use the public roads going to and from off-road job sites, but stay at the sites for only a limited time. Such vehicles are considered motor vehicles for purposes of the Safety Act, since their on-road use is more than merely "incidental."

With respect to shipping grinders to Canada, since they are not "motor vehicles" within the definition of the Safety Act, they are not required to comply with the FMVSSs. They may, however, be driven, towed, or otherwise transported to the U.S. border or to a U.S. port for further shipment to a foreign market so long as they are labeled on the vehicle or equipment clearly indicating intent to export. There is no prescribed form or format for the export label, but the label must be legible, obvious, and clearly indicate "For Export Only."

I hope this information is helpful to you. Should you have any questions or need further information, feel free to contact Mr. Myers at this address or at (202) 366-2992, or fax at (202) 366-3820.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:567
d.2/3/99