Interpretation ID: 1985-04.43

TYPE: INTERPRETATION-NHTSA

DATE: 12/14/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Daniel J. Wacek

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Daniel J. Wacek Quality Control Supervisor Viracon, Inc. 800 Park Drive Owatonna, MN 55060

Dear Mr. Wacek:

Thank you for your letter of September 30, 1985, to Stephen Oesch of my staff concerning the application of Standard No. 205, Glazing Materials, to a street sweeper.

As with all our safety standards, Standard No. 205 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."

There are some vehicles which are excepted from this classification despite their use on the highway. Vehicles such as highway lane strippers, self-propelled asphalt pavers, and other vehicles which have a low maximum speed capability and whose unusual configuration distinguishes them from the traffic flow are not considered motor vehicles. Enclosed is 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." In your phone conversation of October 25, 1985, with Mr. Oesch you explained that you currently do not have definite information on the configuration, speed capability and other design characteristics of the street sweeper. We cannot provide you with an answer about whether we would consider the sweeper to be a motor vehicle without that information.

I hope this background information is of assistance to you. We would be glad to provide you with a specific interpretation concerning your vehicle after we receive more information about its design characteristics. Sincerely, Erika Z. Jones Chief Counsel

September 30, 1985 Mr. Steve Oesch Legal Counsel National Highway Traffic Safety Administration 400 Seventh St. Southwest Washington, D C 20590

Dear Mr. Oesch:

We have come up with some questions recently regarding the application of safety glazing standards for motor vehicles. We are a glass fabricator and would like to know what criteria are used to determine whether ANSI Z26.1 is applicable. Specifically this came up regarding an unlicensed street sweeper.

I am looking forward to your reply.

Respectfully, Daniel J. Wacek Q.C. Supervisor DJW:si