Interpretation ID: 8516
President
Origins International Corp.
28149 Kehrig Drive
Chesterfield, MI 48047
Dear Mr. Deaver:
This responds to your letter of March 30, 1993, to Taylor Vinson of this Office. You have asked for the Department's position on an electric vehicle to be developed by your company. You state that the vehicle "will be marketed as a closed community vehicle for retirement communities, closed club grounds, on site/off road/construction vehicles, theme parks, resorts, etc." It is also designed for use as a golf cart. The vehicle would have a top speed of 25 mph.
The jurisdiction of this agency over a vehicle depends upon whether it is a "motor vehicle" as defined by the National Traffic and Motor Vehicle Safety Act. Under the Act, a motor vehicle is one that is "manufactured primarily for use on the public streets, roads, and highways."
It appears from your letter that your planned vehicle could readily be used on the public highways. On the other hand, you plan to market the vehicle exclusively for off-road use. I have attached copies of two previous letters (December 3, 1991, addressed to Matthew J. Plache, Esq., and October 31, 1988, addressed to Mitsubishi) which address five factors that are relevant for determining whether such a vehicle is considered a motor vehicle. I have also enclosed a copy of an April 16, 1985 letter, addressed to Mr. Alexander E. Nagy, which discusses whether golf carts are considered motor vehicles.
If you wish to submit information relevant to the factors discussed in the enclosed letters, we would be pleased to consider it and offer you an opinion regarding your vehicle. Sincerely,
John Womack Acting Chief Counsel
Enclosures ref:VSA d:4/23/93