Interpretation ID: aiam3642
Champ Corporation
El Monte
CA 91733;
Dear Mr. Simovich: This is in response to your March 23, 1983, letter to Roger Fairchil of this office, regarding the applicability of Federal Motor Vehicle Safety Standard No. 115 (Vehicle Identification Number) to construction type forklift trucks. As you state in your letter, these vehicles are principally designed to operate on a construction site, such as by lifting building materials to upper levels in a building project. The trucks would apparently remain at construction sites for two to twelve months, then move to the next job site. Some models of the trucks have special equipment to facilitate being towed between job sites. While all models presumably could be driven between job sites, none are capable of achieving open highway speeds.; Standard 115 applies only to vehicles manufactured 'primarily for us on the public streets, roads, and highways.' NHTSA has interpreted this language to exclude mobile construction equipment which use the highways only to move between job sites and which typically spend extended periods of time at a single job site. In such cases, the on-highway use of the vehicle is merely incidental, not the primary purpose for which the vehicle was manufactured. Based on the information provided in your letter, your fork-lift trucks would therefore not be subject to Standard 115.; You should be aware that this interpretation applies only to Federa requirements, individual States may establish their own numbering requirements for vehicles outside this agency's jurisdiction (e.g., off-road vehicles). Thus, even though Federal requirements do not apply, it may be that State requirements do apply to your fork-lift trucks.; If you have further questions on this matter, please contact us. Sincerely, Frank Berndt, Chief Counsel