Interpretation ID: 1985-02.15

TYPE: INTERPRETATION-NHTSA

DATE: 04/16/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Alexander E. Nagy

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Alexander E. Nagy 19015 132nd Avenue Sun City West, AZ 85375

Dear Mr. Nagy:

This responds to your letter to this agency, as supplemented by a March 11, 1985 telephone conversation between yourself and Steve Kratzke of my staff. You indicated that you plan to produce golf carts, which would be designed primarily for use on golf courses, but would also be used to transport golfers on the public roads from their homes to the golf course and back. You asked what Federal safety requirements the golf carts would have to meet. As explained below, if your golf carts are used on public highways, have a top speed of 20 mph or less, and have a configuration which readily distinguishes them from other vehicles, they would not be motor vehicles, and therefore would not be subject to this agency's safety standards.

Section 102(3) of the National Traffic and Motor Vehicle Safety Act, as amended (15 U.S.C. 1391 (3)) defines a "motor vehicle" as any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

This agency's safety standards apply only to vehicles which are "motor vehicles" within the meaning of this definition. Vehicles such as forklifts and mobile construction equipment which are sold primarily for off-road use, but which incidentally use the public roads to travel from one job site to another are not considered motor vehicles. On the other hand, vehicles which regularly use the public roads and stay off-road for only limited periods of time are motor vehicles and are subject to our safety standards. NHTSA has generally said that golf carts are not motor vehicles because their use on public roads is intermittent and incidental to their use on golf courses.

However, you stated in your letter and emphasized in the telephone conversation that you intend your golf carts to be regularly used on the public roads to transport golfers and their equipment to and from their homes. Accordingly, the agency's past reasoning as to whether golf carts are motor vehicles (intermittent use on the public roads, which use is purely incidental to use on golf courses) would not apply to these golf carts.

This agency has stated in many prior interpretations that even vehicles which will be used regularly on the public roads will not be considered motor vehicles if such vehicles have a maximum attainable speed of 20 miles per hour (mph) or less and have an abnormal configuration which readily distinguishes them from other vehicles. Golf carts generally have a vehicle configuration which readily distinguishes them from other vehicles, since they do not have doors, a windshield, windshield wipers, and the like. Hence, even if your golf carts are intended to be used on the public roads, they would not be considered motor vehicles if they have a configuration similar to most other golf carts and if their maximum attainable speed is 20 mph or less.

If you decide to build your golf carts so that they would not be classified as motor vehicles, you may wish to contract the Consumer Product Safety Commission to learn if they have any Federal safety regulations applicable to golf carts. Their address is: Office of the General Counsel, U.S. Consumer Product Safety Commission, Washington, D.C. 20207. If you decide to build your golf carts so that they would be;classified as motor vehicles, I have enclosed an information sheet which explains how to obtain copies of this agency's regulations.

Finally, you noted that you may build these golf carts in versions powered by a gasoline engine, an electric motor and batteries, and a hybrid version powered by a gasoline engine and electric motor. You asked if the electric and hybrid versions would have to meet any additional safety requirements. If your golf carts are motor vehicles, and therefore subject to this agency's safety standards, the same safety standards apply regardless of whether the vehicle is driven by a gasoline, electric, or hybrid engine, and there are no additional safety requirements applicable to electric and hybrid vehicles . If your golf carts are not motor vehicles, I must again refer you to the Consumer Product Safety Commission for a response.

If you have any further questions or need further information on this subject, please contact Mr. Kratzke at this address or by telephone at (202) 426-2992.

Sincerely,

Original Signed By

Jeffrey R. Miller Chief Counsel

Enclosure

Alexander E. Nagy 19015 132nd. Ave. Sun City West, AZ 85375

Dept. of Transportation NHTSA Office of Rule Making 400 7th St., SW Washington, D.C. 20590

Dear Sir:

I an planning on designing, developing and manufacturing golf cars. What federal safety requirements will the cars have to meet? Some will be driven by a gasoline engine, others by and electric motor and batteries. In addition, I may also develop a golf car employing a hybrid type power plant, a combination gasoline engine and electric motor. What additional federal safety requirements, if any, would they have to meet?

The golf cars will be designed primarily to traverse golf courses, however, they will also be utilized to transport the golfer from his residence to the golf course and base home.

May I hear from you soon? Thank you.

Yours sincerely,

Alexander E. Nagy Phone #: 602 975-2050