Interpretation ID: 19234.nhf

Mr. Thomas J. Undlin
Robins, Kaplan, Miller & Ciresi L.L.P.
Attorneys at Law
2800 Lasalle Plaza
800 Lasalle Avenue
Minneapolis, MN 55402-2015

Dear Mr. Undlin:

This responds to your inquiry about whether the Polaris RANGER manufactured by your client, Polaris Industries Inc., is a motor vehicle that would have to comply with the applicable Federal motor vehicle safety standards. I apologize for the delay in our response. You state that the RANGER is a general purpose off-road utility vehicle with features that make it impractical to operate on public roads. You explain that the RANGER's certificate of origin states: "This general purpose, off-road utility vehicle is not intended for and may not be registered for on-road use." You also explain that the RANGER is designed to fit in the rear of a standard full-sized pickup truck so that it may be transported, rather than operated, on public roads. On the basis of the information you provided in your letter and the warning labels, photographs and owner's manual excerpts you enclosed, it appears that the RANGER is not a motor vehicle.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) issues and enforces the Federal motor vehicle safety standards. NHTSA's statute defines the term "motor vehicle" as follows:

[A] vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, but does not include a vehicle operated only on a rail line. 49 USC 30102(a)(6).

Whether NHTSA considers the RANGER to be a motor vehicle depends on its use. In the past, we have concluded that this statutory definition does not 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-road use of the equipment is merely incidental and is not the primary purpose for which they were manufactured. Other construction 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, since the on-highway use is more than "incidental."

Based on the information you provided in your letter and the warning labels, photographs and owner's manual excerpts you enclosed, it appears that the RANGER is not a "motor vehicle" within the meaning of the statutory definition. This conclusion is based on the statements in your letter that the RANGER is designed to fit in the rear of a full-size standard pickup truck to move between off-road sites. It is also based on the statement that the RANGER is designed and sold for off-road use only and has certain features that make it impracticable to use on paved roads. We note that the vehicle lacks a differential for both the rear driven axles. The lack of a differential, which ordinarily facilitates turning by allowing the wheels to rotate at different rates, makes the RANGER difficult to drive on pavement. Other features of the RANGER, including the oversized-cleated tires and suspension system, are consistent with off highway use. Assuming your statements are correct, we would consider the RANGER to be an off-road vehicle. If we were to receive additional information indicating that the RANGER uses the public roads on more than an incidental basis or that Polaris is no longer selling it as an off-road vehicle, the agency would reassess this interpretation.

If you have further questions regarding NHTSA's safety standards, please contact Nicole Fradette of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
cc: Leonard Goldstein