Interpretation ID: aiam3239
Senior Section Engineer
Project and Development Center
British Standards Institution
Maylands Avenue
Memel Hempstead
Herts HP2 4SQ England;
Dear Mr. Steadman: Please accept my apologies for our delay in responding to your lette of November 30, 1979. You asked whether five enumerated types of machinery capable of highway travel would be considered motor vehicles to which Federal Motor Vehicle Safety Standards and fuel economy standards would apply. The vehicles enumerated in your letter were:; >>>Wheel-mounted front-end loader, Crawler-mounted front-end loader Crawler- mounted hydraulic excavator, (Rough terrain) fork lift truck, Backhoe-loader<<<; As explained below, these vehicles are not subject to fuel econom standards. However, without more detailed information concerning these machines, we cannot give you a definitive answer as to their possible classification as motor vehicles to which Federal motor vehicle safety standards may be applicable. Nonetheless, we can provide you with guidelines for use in determining the status of these vehicles.; Pursuant to Title V of the Motor Vehicle Information and Cost Saving Act (15 U.S.C. 2001), this agency has promulgated regulations which establish the categories of motor vehicles that are subject to fuel economy standards. The regulations (49 CFR Part 523, copy enclosed) state that fuel economy standards are applicable only to automobiles, light trucks, and automobiles capable of off-highway travel. The definitions of these items which appear in Part 523 do not appear to encompass the types of vehicles that you enumerated in your letter.; Our safety standards apply to a vehicle and its manufacturer only i the vehicle qualifies as a 'motor vehicle' under the provisions of the National Traffic and Motor Vehicle Safety Act of 1966. Section 102(3) of the Act (15 U.S.C. 1391(3)) defines 'motor vehicle' as:; >>>any vehicle driven or drawn by mechanical power manufacture primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.<<<; Thus, a motor vehicle is a vehicle which the manufacturer has reason t expect will use public highways at least part of the time.; Tracked (i.e., crawler mounted) and other vehicles incapable of highwa travel are not motor vehicles. In addition, vehicles intended and sold solely for off-road use (e.g., aircraft runway vehicles and underground mining vehicles) are not considered vehicles even if operationally capable of highway travel. They would, however, be considered motor vehicles if the manufacturer knew that a substantial proportion of his customers actually would use them on the highway.; There are some vehicles which are excepted from the motor vehicl classification despite their use of the highway. Highway maintenance and construction equipment lane strippers, self-propelled asphalt pavers, and other vehicles whose maximum speed does not exceed 20 miles per hour and whose abnormal configuration distinguishes them from the traffic flow are not considered motor vehicles.; Historically, the agency has regarded vehicles which use the highway o a necessary and recurring basis to move between work sites as motor vehicles. The primary function of such vehicles is of a mobile, workperforming nature and as such their manufacturer contemplates a primary use of the highway. Mobile cranes, rigs, and towed equipment such as chippers and pull-type street sweepers are examples of vehicles which, in the agency's views, qualify as trucks or trailers and, as such are subject to several of the Motor Vehicle Safety Standards.; However, in a recent decision the United States Court of Appeals fo the Seventh Circuit held that mobile construction equipment does not fall within the definition of 'motor vehicles' found in section 102(3) of the Act. *Koehring Co.* v. *Adams*, 605 F.2d 280 (7th Cir. 1979). The agency has decided not to seek certiorari to the United States Supreme Court. Accordingly, the agency considers itself to be bound by the court's judgment in *Koehring* within the territorial limits of the Seventh Circuit (i.e. the states of Illinois, Indiana and Wisconsin) although it has not yet formulated its policy with respect to the nationwide applicability of the court's holdings. A manufacturer seeking to export vehicles from the United Kingdom to any of these states might wish to consult an attorney who practices in the Seventh Circuit.; A copy of the *Koehring* decision is enclosed. Also enclosed is a information sheet containing advice for obtaining an up-to-date copy of the regulations which apply to motor vehicles and their manufacturers, and a copy of 49 CFR Part 523, *Vehicle Classification*.; Sincerely, Frank Berndt, Chief Counsel