Interpretation ID: 30102 - What is a motor vehicle - Mac Yousry - 14-000891 5.1.14

 

 

 

 

 

 

 

 

Mr. Mac Yousry

Global Vehicle Services Corporation

1892 N. Main St.

Orange, CA 92865

 

Dear Mr. Yousry:

 

This responds to your letter requesting an interpretation as to whether a crane that manufacturer XCMG plans to import into the United States is considered a motor vehicle. Based on the information you have provided, the National Highway Traffic Safety Administration (NHTSA) does not consider this mobile construction crane to be a motor vehicle.

 

You have enclosed technical specifications with photographs and detailed descriptions that discuss the crane at issuethe XCMG XCT90U. You provided supplementary information during phone conversations with Ryan Hagen of my office.

 

By way of background information, under the National Traffic and Motor Vehicle Safety Act (Vehicle Safety Act,

49 U.S.C. 30101 et seq.) NHTSA has the authority to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new motor vehicle equipment. NHTSA does not provide approvals of any motor vehicle or motor vehicle equipment. Under the Vehicle Safety Act, it is a manufacturers responsibility to determine whether a motor vehicle complies with all applicable FMVSSs and regulations, and to certify its products in accordance with that determination. The Vehicle Safety Act considers importers to be manufacturers. Manufacturers (importers) must also ensure that their products are free of safety-related defects. The following interpretation represents the agency's opinion based on the information provided in your letter.

 

If a vehicle is a motor vehicle, it must comply with all applicable FMVSSs to be imported into the United States (Vehicle Safety Act, 30112(a)). The question presented is whether the XCMG XCT90U is a motor vehicle.

 

Section 30102(a)(6) of the Vehicle Safety Act defines "motor vehicle" as follows:

 

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

 

We have issued a number of interpretations of "motor vehicle." Whether the agency will consider a construction vehicle, or similar equipment, to be a motor vehicle depends on its use. We have stated that vehicles equipped with tracks, agricultural equipment, and other vehicles incapable of highway travel are not motor vehicles. We have also determined that certain vehicles designed and sold solely for off-road use (e.g., airport runway vehicles and underground mining vehicles) are not motor vehicles, even if they may be operationally capable of highway travel. Finally, we have concluded that items of mobile construction equipment that use the highways only to move between job sites and that typically spend extended periods of time at a single site are not motor vehicles because the highway use of the vehicle is merely incidental, and not the primary purpose for which the vehicle was manufactured. However, we do consider vehicles that use the public roads on a necessary and recurring basis to be motor vehicles.

 

From your letter, specification sheet, and phone conversations, we understand the following about the XCT90U:

       It has a curb weight of 112,169 pounds and a top speed of 62.5 miles per hour.

       The crane is manufactured primarily for use on fixed job sites and only sees incidental road use for travel from one job site to another.

       The manufacturer estimates that a typical crane will travel 1,000 miles and service 15 job sites per year.

       The technical specifications state that the XCT90Us [m]ulti-axle plate spring balance suspension contributes to better passing ability

 

Some of the information about the XCT90U, such as the better passing ability and top speed, seem to indicate the vehicles use on the highway would be beyond incidental. However, given that the XCT90U would spend almost a month at a job site as well as other factors, we believe the on-road use of this equipment is not the primary purpose for which it was manufactured. Further, the XCT90Us boom specifications, lifting capacity, and overall appearance are similar to the crane evaluated in our letter to Mr. Michael E. Ogle, which we determined was not a motor vehicle.[1] Therefore, we do not consider the XCT90U to be a motor vehicle.

 

Please note that the views expressed in this letter are limited to the XCMG model XCT90U. This letter is not generally applicable to all XCMG vehicles. Our interpretation is based on the information you have provided us. In the event contrary information emerges, the agencys opinion is subject to change.

 

I hope this information is helpful. If you have further questions, please contact Ryan Hagen of my staff at (202) 366-2992.

 

Sincerely,

 

 

 

Stephen P. Wood

Acting Chief Counsel

Dated: 6/10/15

49 U.S.C 30102