Interpretation ID: nht87-3.32

TYPE: INTERPRETATION-NHTSA

DATE: 11/30/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: D.F. Landers -- President, Mobile Products, Inc.

TITLE: FMVSS INTERPRETATION

ATTACHMT: 7/11/83 letter from Frank Berndt to D.F. Landers

TEXT:

D. F. Landers PSI Mobile Products Inc. 25 Eldredge P.O. Box 1183 Mt. Clemens, Michigan 48043

This is in response to your letter requesting confirmation of a July 11, 1983 determination by this agency that your special tow tractor vehicle is exempt from Federal motor vehicle safety standards. You indicate in your letter that you now have three si zes of tow tractors and that your market may expand to include commercial airline use as well as the Department of Defense.

Based on the information you have provided us, we confirm our previous determinations that baggage tow tractors are not subject to the Federal motor vehicle safety standards. The agency has consistently interpreted the definition of motor vehicle as excl uding vehicles such as airport runway vehicles that are intended and sold solely for off-road use and are not equipped for highway use. Further, we note that section 571.7(c) of Title 49, Code of Federal Regulations, provides that.

No standard applies to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications.

Your vehicles might become subject to the Federal motor vehicle safety standards if there is a material change in the facts regarding the intended or actual use, design or sale of your vehicles. Please remember that compliance with all Federal motor vehi cle safety standards is the obligation of each manufacturer of motor vehicles or motor vehicle equipment. We appreciate your continuing efforts at classifying correctly your vehicles.

Sincerely, Erika Z. Jones Chief Counsel

Dear Mr. Berndt:

We have requested your opinion in the past, regarding the applicability of the Federal Motor Vehicle Safety Standards to our special tow tractor vehicle. (A copy of our most recent correspondence is attached.) The purpose of this letter is to update our files and exemption position.

PSI now manufactures three sizes of tow tractors. These are sold to the Department of Defense agencies only, but may have commercial airline potential sales In the future.

The three vehicle sizes are shown on the chart enclosed along with pertinent specifications. Photographs and brochures are also enclosed for your information and files.

We would appreciate your confirmation that your previous determination that these vehicles are exempt from the Federal Motor Vehicle Safety Standards still applies.

Yours very truly, D. F. Landers President DFL/mm enclosures (See 7/11/83 letter from NHTSA to D.F. Landers)