Interpretation ID: 1984-3.38

TYPE: INTERPRETATION-NHTSA

DATE: 11/14/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHSTA

TO: Nigel Stansfield -- Product and Training Manager, JCB Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Nigel Stansfield Product and Training Manager JCB Inc. Box 209 White Marsh, Maryland 21162

Dear Mr. Stansfield: This responds to your letter of October 4, 1984, asking whether Standard No. 205, Glazing Material, applies to your JCB rubber tired backhoe loaders and rough terrain loadall machines. As explained below, your loaders and machines are not considered motor vehicles and thus Standard No. 205 would not apply to them.

Federal Motor Vehicle Safety Standards and other requirements of the National Traffic and Motor Vehicle Safety Act apply to vehicles manufactured primarily for use on the public streets, roads and highways. Construction vehicles which are manufactured for use at off-road job sites but which will use the public roads on a frequent basis for moving between job sites are subject to these requirements. However, the agency has previously concluded that construction vehicles which use the public roads in frequently and which would stay at a particular job site for an extended period of time are not subject to our requirements.

You state in your letter that the vehicles involved are designed primarily for off-highway use, but will use the highway for travel from site to site at speeds not exceeding 25 mph. Based on your description and the specification brochures you enclosed, the agency has decided that the backhoe loader and rough terrain loadall machines you manufacture are not motor vehicles for the purposes of the Vehicle Safety Act.

Sincerely,

Frank Berndt Chief Counsel

Chief Council NHTSA RE: Specifications of the tyre of glass required for installation in the cab windshield of JCB rubber tired backhoe loaders and rough terrain loadall machines.

Dear Sirs:

Federal safety standard 205 and ANSI Code Z 26.1 1977, 26.1a 1980 indicate the glass used must be a laminated type meeting AS 1 specifications.

These regulations and standards relate primarily to vehicles designed specifically for on highway use.

JCB Inc. wish to be advised if laminated glass meeting AS II specifications is acceptable in our case where the vehicles involved are designed primarily for off highway use but will use the highway for travel from site to site at speeds not exceeding 25 mph.

A set of specification brochures are enclosed for your information.

Yours sincerely,

JCB INC.

Nigel Stansfield Product and Training Manager

enclosures: Specifications brochures omitted.