Interpretation ID: 19071.wkm

Mr. Jeff Glasman
Post Office Box 1449
Russell, Manitoba, Canada
ROJ 1WO

Dear Mr. Glasman:

Please pardon the delay in responding to your letter to this office in which you stated that you would like to sell the small ATV trailers in the United States that you produce in Canada and asked whether they would require a "Department of Transportation (DOT) number" in order to be shipped into the United States. The answer is no.

You described your trailer and enclosed pictures of it in your letter. The trailer averages about 6 feet in length and has a wheelbase of 46 inches, measured from the outsides of the tires. You stated that the trailers are manufactured for off-road use, primarily for hunters to transport their gear into the bush and haul out their game, although the trailers can also be used around a farm for feeding livestock, yard cleanup, and the like. Hunters typically transport an all-terrain vehicle (ATV) and the ATV trailer on a skidoo trailer to the hunting area. There they unload the ATV and the trailer, pack their gear in the trailer, then proceed with their hunting trip. The trailers have no lights and do not have a wide enough wheelbase to be towed behind a car or truck. They are equipped with off-road ATV tires, which are slow-speed knobby tires. The trailers have no suspension and if towed behind a car, would bounce off the road. You stated that you advertise them as ATV trailers at places that sell ATVs, and that you do not advertise or sell them at car dealers or for any other on-road use.

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

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

Based on the information you provided, including the pictures enclosed with your letter, it is our opinion that the ATV trailers that you produce are not motor vehicles within the statutory definition. As such, they are not subject to any of the Federal motor vehicles safety standards, including the requirement for a "DOT number." The trailers are manufactured primarily for use off-road for hunting, farming, and related purposes. They are small, light, and with their ATV tires and narrow wheelbase are not only not suitable for towing on the highway but, because of their tendency to bounce around, could cause a potentially serious safety hazard on the highway. This contrasts with a grain truck or trailer that could be used to transport grain to market over the public highways as well as being used off-road in the fields. In such case, the on-road use of the vehicle would be sufficient to classify it as a motor vehicle.

I hope this information is helpful to you. Should you have any further questions or need additional information, feel free to contact Walter Myers of my staff at this address, by telephone at (202) 366-2992, or by fax at (2020) 366-3820.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:VSA
d.4/21/99