Interpretation ID: 1983-2.10

TYPE: INTERPRETATION-NHTSA

DATE: 05/20/83

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Champ Corporation

TITLE: FMVSS INTERPRETATION

TEXT:

May 20, 1983 NOA-30

Mr. Mike M. Simovich Champ Corporation El Monte, California 91733

Dear Mr. Simovich:

This is in response to your March 23, 1983, letter to Roger Fairchild 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 use 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 Federal 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

March 23, 1983

Mr. Roger Fairchild Office of Chief Council National Highway Traffic Safety Administration Department of Transportation Washington, D.C. 20590

Ref: Federal Motor Vehicle Safety Standard Number 115

Dear Mr. Fairchild:

This Company has been notified by the California Department of Motor Vehicles that we must adhere to the above safety standard to register our forklift trucks, unless we receive exemption from the National Highway Traffic Safety Administration.

This letter is directed to you at the suggestion of Mr. Nelson Erickson of the National Highway Traffic Safety Administration, Department of Transportation, Washington, D.C.

This Company manufactures Champ rough terrain construction type forklift trucks, having originated the concept in 1947.

The Champ lift truck is principally designed to operate on the construction site, lifting building materials to second and third story levels and to move building materials about the construction site in place for use by the installing personnel.

The site may be a commercial, residential, oil field, agricultural or plant site - the requirement is still an off-the-highway application. Because this type of application requires extra large flatation tires, Champ has been able to provide towing facilities on some models to move the vehicle from site to site at the completion of projects when applicable.

Since most construction projects average two to twelve months and the next site is usually limited to a very few miles, the time the Champ is being towed on the highway is insignificant. The lift truck is not used to carry a load-on the highway.

To our knowledge, only California and Washington States provide provisions for registering these vehicles to provide identification in case of theft and to assure a simple means to provide taxation in lieu of property taxes. No weight fees are assessed since the vehicles do not carry a load on the highways nor do they perform a "for hire" function.

Since the original correspondence in late 1981, no further instructions or directions have been received and it was therefore assumed the requirement for a seventeen character identification number for forklift trucks was exempt. We have contacted other similar forklift manufacturers who are not even aware of the proposed regulation and therefore were further convinced the requirement did not apply to forklift trucks.

In view of the foregoing, we sincerely believe that the regulation applying to transportation and regular highway going vehicles operating on the highways for hire should not apply to off-the-road forklift trucks performing their designated tasks on construction and farm sites.

We sincerely request that the concerned facility review this matter and offer an exemption for the seventeen character vehicle identification for lift trucks. New 1983 Champ lift trucks are already in operation throughout parts of the country which could result in duplication of identifications.

Champ is most happy to work with the Department of Transportation and welcomes the opportunity to cooperate toward any practical resolution.

The enclosed brochures and photo are submitted for better identification of the product.

Please call or write as soon as possible so that we may resolve the problem without further undue complications.

Very truly yours,

CHAMP CORPORATION

Mike M. Simovich President

Enclosures