Interpretation ID: 17892-2.ztv

Mr. William A.G. Sanford
Chairman
Metro Motors Corporation
12202 Timber Run Court
Monrovia, MD 21770

Dear Mr. Sanford:

This is in reply to your letters of April 28, 1998, July 3, 1998, and July 27, 1998, seeking an opinion that certain vehicles Metro Motors Corporation ("Metro" hereafter) wishes to import are not "motor vehicles" subject to regulation by this agency. Based on the information provided in your letter, it appears that the vehicles are not motor vehicles under the statutes we administer.

The vehicles in question have the appearance of small passenger-carrying vans and trucks and are manufactured by Asia Motors in Korea. Your letter of April 28, 1998 informed us that the vehicles "will be marketed to industrial equipment distributors (forklift dealers) and professional turf dealers (golf course equipment firms) and specialty houses (industrial sweeper & scrubber dealers)." Your letter of July 27, 1998 indicated that the passenger vans would primarily be used on "closed" college/university campuses. Product literature contains the warning "These vehicles are intended for off-road use only." The Certificate of Origin states that the vehicles do "not conform to all safety and emissions standards applicable to on road vehicles in the United States." Metro intends to affix to the vehicles a yellow placard (4 inches by 14 inches) with the same advisories and warnings as the literature, placard, and Certificate of Origin. Finally, the engine and transmissions of the vehicles will be modified to restrict the top speed to not more than 25 miles per hour.

Your letter of July 3, 1998, advises that the vehicles are equipped with headlamps, parking lamps, backup lamps, turn signal /hazard warning signal lamps, combination stop/taillamps, all of which comply with "federal DOT regulations for ON ROAD vehicles." Shoulder and lap belts "are standard on all models." Dual side mirrors and an interior mirror are also standard. The vehicles are equipped with four-wheel hydraulic brakes, radial tires, and "safety" glass. You also list a number of comfort and convenience items with which the vehicles are equipped. You have attached a certificate from the U.S. Environmental Protection Agency which approves Metro's importation of "motorized units." Finally, you have enclosed a Vehicle Emissions Inspection Certificate issued to one of the vehicles.

A "motor vehicle" for purposes of compliance with the Federal motor vehicle safety program is, in pertinent part, a vehicle that is "manufactured primarily for use on the public streets, roads, and highways." 49 U.S.C. 30102(a)(6). The issue raised by your letter is whether the vehicle you would be importing would be considered a motor vehicle under the statutes we administer.

I note that the factual situation you raise is similar to one we addressed in an October 31, 1988 letter to MMC Services concerning the Mitsubishi Motors Corporation SH27 lightweight industrial truck. As was the case in that situation, your vehicles are not easily classified. On the one hand, the vehicles have a body configuration nearly identical to standard trucks and vans and can reach a speed of 25 miles per hour. These factors suggest that the vehicles should be classified as motor vehicles. On the other hand, you stated that the vehicles are intended to be used only for off-road applications and that the vehicle will be advertised and promoted for off-road purposes only and will contain two placards stating "Warning: this vehicle is for off-use only. The use of this vehicle is not intended for on-road use, and it does not meet USDOT regulations for on-road usage. IT IS ILLEGAL FOR USE AS A LICENSABLE VEHICLE!" These factors suggest that the vehicle should not be classified as a motor vehicle.

In instances where the agency is asked whether a vehicle is a motor vehicle when it has both off-road and on-road operating capabilities, and about which there is little or no evidence about the extent of the vehicle's on-road use, the agency has applied five factors in offering its advice. These factors are:

1. Whether the vehicle will be advertised for use on-road as well as off-road, or whether it will be advertised exclusively for off-road use.

You stated that your product literature contains an advisory that the vehicles are for off-road use only. This factor suggests that the vehicles should not be considered motor vehicles.

2. Whether the vehicle's manufacturer or dealers will assist vehicle purchasers in obtaining certificates of origin or title documents to register the vehicle for on-road use.

The sample certificate of origin you enclosed in your letter states "THIS VEHICLE DOES NOT CONFORM TO ALL SAFETY AND EMISSIONS STANDARDS APPLICABLE TO ON-ROAD VEHICLES IN THE UNITED STATES." Therefore, this factor would indicate that the vehicles should not be considered motor vehicles.

3. Whether the vehicle is or will be sold by dealers also selling vehicles that are classified as motor vehicles.

As noted previously, you have informed us that the vehicles "will be marketed to industrial equipment distributors (forklift dealers) and professional turf dealers (golf course equipment firms) and specialty houses (industrial sweeper & scrubber dealers)." The vehicles sold by these dealers are not motor vehicles. This factor suggests that the vehicles should not be considered motor vehicles.

4. Whether the vehicle has or will have affixed to it a warning label stating that the vehicle is not intended for use on the public roads.

As noted above, two warning placards will be affixed to the exterior of the vehicle body. This factor would indicate that the vehicles are not motor vehicles.

5. Whether states or foreign countries have permitted or are likely to permit the vehicle to be registered for on-road use.

Since the vehicles closely resemble small trucks and vans used on the public roads, it is possible that states would permit them to be registered for highway use. In fact, the State of Maryland has issued an emissions approval certificate for one of the vehicles. Therefore, this factor suggests that the vehicles should be considered motor vehicles.

Based on the representations in your letter and considering all of the five factors discussed above, on balance, we believe that your vehicles are not "motor vehicles." However, we will reexamine this conclusion if we learn that, for example, the vehicles are in fact used on the public roads by a substantial number of owners.

If you have any questions, you may contact Taylor Vinson of this Office (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:571#591
d.1/25/99