Interpretation ID: 1985-04.37

TYPE: INTERPRETATION-NHTSA

DATE: 11/25/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: P.J. Pennells

TITLE: FMVSS INTERPRETATION

TEXT:

November 25, 1985 P.J. Pennells Pilkington Glass Limited Triplex House Eckersall Road Kings Norton Birmingham ENGLAND B38 8SR Dear Mr. Pennells: Thank you for your letter of October 7, 1985, concerning the application of our glazing regulation to slow moving vehicles, such as agricultural vehicles and earth moving equipment. I hope the following discussion answers your questions. As with all our safety standards, Standard No. 205, Glazing Materials, applies only to vehicles classified as motor vehicles by the National Traffic and Motor Vehicle Safety Act. Section 102(3) of the Vehicle Safety Act defines the term "motor vehicle" as "any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails. The agency does not consider agricultural vehicles, such as tractors, to be motor vehicles since the legislative history of the Vehicle Safety Act indicates that Congress did not intend to cover those vehicles. Whether construction vehicles, such as earth movers, will be considered motor vehicles depends on their use. For example, construction vehicles intended and sold solely for off-road use are not. I have enclosed a copy of an information sheet prepared by the agency which discusses additional factors we consider in determining whether a vehicle meets the statutory definition of "motor vehicle." We would be glad to give you an opinion as to whether a particular construction vehicle would be classified as a motor vehicle for the purposes of our regulations, if you will provide us with specific information about the design characteristics and use of the vehicle. Since the Occupational Safety and Health Administration in the U.S. Department of Labor has regulations which effect off-road construction vehicles, I have referred a copy of your letter to that agency. I hope this information is of assistance to you. If you have any further questions, please let me know. Sincerely, Original Signed By Erika Z. Jones Chief Counsel Enclosures