Interpretation ID: 23685

J. Atary, Projects Manager
Elco Industries Ltd.
17 Haneviim Street
PO Box 1176
Ramat Hasharon 4711
Israel

Dear Dr. Atary:

This is in response to your fax dated October 14, 2001, in which you ask whether your Mobile Transformer is a motor vehicle that must comply with Federal motor vehicle safety standards. As discussed below, the answer appears to be no.

In your fax, you describe the Mobile Transformer as a large transformer and the associated equipment, such as breakers, switch gears, and control cabinets, that are permanently mounted on a semi-trailer. The semi-trailer is oversized and requires permits from State Departments of Transportation and an escort vehicle when driving on public roads. Since the equipment is permanently mounted to the semi-trailer, the semi-trailer cannot be used to transport goods.

You state that the Mobile Transformer is not intended primarily for highway use. It normally stays at work sites the majority of the time and is infrequently transported on public roads between these sites. These work sites are permanent substations where the Mobile Transformer is brought for replacing broken down transformers or to enable maintenance work to be performed on the substation's permanent transformer.

By way of background information, the National Traffic and Motor Vehicle Safety Act (Safety Act) authorizes our agency to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. (49 U.S.C. 30101 et seq.) NHTSA has no authority to approve or certify any commercial product. Instead, manufacturers are required to certify that their vehicles or equipment meet all applicable standards. The following represents our opinion based on the facts provided in your letter.

The term "motor vehicle" is statutorily defined as "a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line." (49 U.S.C. 30102(a)(6)).

Whether we consider the Mobile Transformer to be a motor vehicle depends on its use. For example, we interpret our statutory definition not to encompass mobile construction equipment, such as cranes and scrapers, which use the highway 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 and is not the primary purpose for which the vehicle was manufactured. In contrast are instances where vehicles, such as dump trucks, frequently use the highway going to and from job sites, and stay at a job site for only a limited time. Such vehicles are considered motor vehicles for purposes of the statute we administer because the on-highway use is more than incidental.

Based on the available information, it appears that your Mobile Transformer is not a "motor vehicle" within the meaning of the Safety Act. This conclusion is based on the statements in your letter that the Mobile Transformer uses the highway only to move between job sites and typically spends extended periods of time at a single job site. Thus, the agency would consider the use of your device on the public roads to be incidental and not its primary purpose. Since your device is not a motor vehicle, it would not be subject to our Federal Motor Vehicle Safety Standards.

If the agency were to receive additional information indicating that your Mobile Transformer used the roads more than on an incidental basis, then the agency would reassess this interpretation.

I hope you find this information useful. If you have any further questions, please contact Mr. Dion Casey in my office at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel

ref:571
d.11/16/01