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Interpretation ID: 21896.ztv



    Mr. Daryl R. Nelson
    Fleet Golf and Industrial Vehicles, Inc.
    2534 North Blackstone, Suite 100
    Fresno, CA 93703


    Dear Mr. Nelson:


    This is in reply to your letter of July 13, 2000, asking for an interpretation that small utility trucks and vans you wish to import from Korea are not "motor vehicles" subject to regulation by this agency. These are the "Fleet Cargo Plus" for "cargo or people," the "Fleet Traveler," described as a "7 person people mover," and the "Fleet Porter," a small pickup with cargo bed.

    You enclosed a copy of our letter of January 25, 1999, to Metro Motors in which we gave our opinion that small vans and trucks manufactured in Korea by Asia Motors were not "motor vehicles" subject to our regulations. You represented that "these are the exact same vehicle models . . . and they are manufactured by the same Korean company who provided the units that Metro Motors applied for." Your vehicles differ only in "having the addition of a low speed gear ratio in the rear end."

    In our letter to Metro, we presented the five factors we use to answer the question of whether a vehicle is a "motor vehicle" and applied them to the facts as Metro had stated them. You have repeated these factors together with the facts appropriate to your situation. These 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 "we advertise these vehicles as off-road vehicles and void the warrant if the vehicle is used other than as intended to be used . . . ." 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 or origin or title documents to register the vehicle for on-road use.

    You addressed this factor by stating that "these vehicles will not be sold by any 'car dealers,' as we do not want to imply any association to on-road use.. It is also clearly stated on the instrument lens, owners book, sales literature, and on the rear body that this vehicle is for off-road usage." These remarks are more appropriate for inclusion under the first factor. Although you do not specifically say that your company will not assist vehicle purchasers in registering the vehicles for on-road use, we believe that it is implicit in your remarks that the company will not do so. 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.

    You replied that "we are definitely not going to sell our vehicles through car dealers . . . ." Your intent is to provide usage "on any surface where golf carts go (golf cart paths, schools and hall ways, construction sites, etc.)." Although your state, California, permits golf carts to be used on the public roads under certain conditions, these are exceptions to the primary usage of golf carts which is on golf courses. While construction sites and schools may have roadways, these are generally not roads used by the general public. 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.

    You have informed us that the vehicles you wish to import will have a 2-inch by 7-inch yellow label on the rear headed "WARNING" and which states that "This vehicle is for off road use only! The use of this vehicle is not intended for on-road use, and it does not meet DOT regulations for on-road usage. It is illegal for use as a licensable vehicle!" 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.

    Your state that you have no knowledge whether these vehicles are or are not registered for on-road use elsewhere. For purposes of this interpretation, we assume that they are, and that they are operated there without the 25 mph-speed governor that you will install on the ones that it imports. Since the vehicles closely resemble small trucks and vans used on the public roads, we believe it is likely that states would permit them to be registered for highway use. Therefore, this factor suggests that the vehicles should be considered motor vehicles.

    Based on the representations in your letter and considering all 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, 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
    d.8/11/00