Search Interpretations

Interpretation ID: 22592.ztv


    Mr. Art Tan
    President
    CNA Industries, Inc.
    985 Los Lagos
    Pomona, CA 91766


    Dear Mr. Tan:

    This is in reply to your undated letter which we received on January 8, 2001. You have informed us that you are making "small off-road utility vehicles mainly for golf courses." You have asked us to advise you "what category our vehicles fall in according to the National Highway Traffic Safety Administration's regulations."

    The information you have submitted demonstrates your familiarity with the five factors that we use in our interpretations on whether certain vehicles are motor vehicles. You have addressed each of these factors in a manner to support a determination that the vehicles in question are not motor vehicles subject to the Federal motor vehicle safety standards.

    Specifically, according to your letter, the vehicles "are for ground maintenance work on golf courses," which is to say, their intended use is in an off-road application. The vehicles "will be distributed through "our turf & tractor dealers only." That is to say, they will not be sold by dealers in motor vehicles. Each owner will be provided a certificate advising that the vehicle has been manufactured for off-road applications only, and you will not provide any manufacturer's document that may help the owner register the vehicle for on-road use. That is consistent with a conclusion that the vehicles in question are not manufactured for on-road use. You will advertise only in publications for turf and ground maintenance. That is consistent with the purpose for which the vehicles have been manufactured. Finally, you will affix four labels to the vehicle advising that it is an "off road" vehicle and must not be used on the public roads. Whether a vehicle will bear warning labels is the fifth factor we examine, and you have answered this, too, in a manner that permits us to conclude that your vehicles are not motor vehicles.

    Therefore, 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.

    Sincerely,

    John Womack
    Acting Chief Counsel
    ref:571

    d.3/27/01