Interpretation ID: nht87-2.88

TYPE: INTERPRETATION-NHTSA

DATE: 09/03/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Walter Mayr -- Austrian Trade Commission

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Walter Mayr The Austrian Trade Commission 1875 Connecticut Avenue, N.W. Suite 1114 Washington, D.C. 20009

This responds to your August 5, 1987 letter to my office and August 14 telephone conversation between Ms. Schott of your staff and Ms. Hom of mine, concerning our regulations for motor vehicles. You enclosed a brochure from the Austrian firm, Reformwerke Wels, describing a "public utility vehicle." Subsequently, Ms. Schott indicated in her telephone call that Reformwerke Wels has informed her that the vehicles in question have a top speed of 15.53 miles per hour (mph). Based on this information, you asked whether the vehicle is a "motor vehicle" for the purposes of our reg ulations. The answer is no.

Under a longstanding policy, the National Highway Traffic Safety Administration has regarded vehicles not to be "motor vehicles" within the meaning of the National Traffic and Motor Vehicle Safety Act, and therefore not subject to our motor vehicle safet y standards, if they (1) have an unusual body configuration which sets the vehicles apart from typical highway traffic, and (2) have a minimum attainable speed of 20 mph or less. The utility vehicles manufactured by Reformwerke Wels meet these criteria. Thus, the vehicles are not "motor vehicles" under our regulations and the manufacture of those vehicles is not regulated by this agency.

You might wish to contact the Consumer Project Safety Commission to learn if they have any Federal safety regulations applicable to the type of utility vehicle manufactured by Reformwerke Wels. Their address is: Office of the General Counsel, U.S. Consum er Product Safety Commission, 1111 18th Street, N.W., Washington, D.C. 20207. Telephone: (202) 492-6980.

Please contact us if we can be of further assistance.

Sincerely,

Erika Z. Jones Chief Counsel

Ms. Dierdre Hom Chief Counsel's Office Department of Transportation Room 5219 NHTSA 400 7th Street, S.W. Washington, D.C. 20590 August 5 1987

Dear Ms. Hom,

Further to your telephone conversation this morning with Susan Schott from our office, we enclose a brochure from the Austrian firm, Reformwerke Wels.

We appreciate your office to review this brochure which describes the tractor. I understand that if you determine that the tractor qualifies as a motor vehicle, you can advise us of the corresponding regulations.

Thank you in advance for your assistance and we look forward to hearing from you.

Sincerely,

Walter Mayr Trade Commissioner

Enclosure omitted