Interpretation ID: 86-5.6

TYPE: INTERPRETATION-NHTSA

DATE: 08/25/86

FROM: AUTHOR UNAVAILABLE; Stephen P. Wood for Erika Z. Jones; NHTSA

TO: Mr. Jimmy N. Eavenson

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Jimmy N. Eavenson Director, Product Engineering E-Z-GO Textron P.O. Box 388 Augusta, GA 30913-2699

Dear Mr. Eavenson:

This responds to your letter asking whether a vehicle your company might import from Japan would be subject to Federal safety requirements. You stated that the vehicle will have a top speed of 25 to 30 miles per hour, be powered by a 20 horsepower engine, would have no body panels other than a protective cab enclosure, and is not designed or intended for use on public roads. Based on this information, these vehicles would not appear to be subject to the Federal motor vehicle safety standards, as explained below.

The motor vehicle safety standards apply only to vehicles that are "motor vehicles" within the meaning of the National Traffic and Motor Vehicle Safety Act of 1966, as amended. Section 102(3) of that Act (15 U.S.C. 1391(3)) defines a "motor vehicle" as

any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

We have interpreted this language as follows. Vehicles such as forklifts and mobile construction equipment which are sold primarily for off-road use, but which incidentally use the public roads to travel from one job site to another, are not considered motor vehicles. On the other hand, vehicles which regularly use the public roads and stay off-road for only limited periods of time are motor vehicles and are subject to our safety standards. You stated in your letter that this vehicle is not designed or intended for use on the public roads, but would be used only at factories, golf courses, and for some off-road applications. Based on these statements, these vehicles do not appear to be motor vehicles, because they are not manufactured for use on the public roads.

Sincerely,

Erika Z. Jones Chief Counsel

June 20, 1986

Chief Counsel National Hwy. Transportation Safety Administration 400 Seventh St., S.W. Washington, DC 20590

Dear Sir (Madam)

E-Z-GO Textron would like your opinion on a potential new product addition, which would be imported from Fuji Heavy Industries of Shinjuku, Japan.

This vehicle is considered for non-highway use at factories, golf courses and some off-road application. The vehicle incorporated a 20 horsepower engine with a four wheel drive powertrain. Gearing, governors and tires will limit the vehicle's top speed to 25 to 30 miles per hour to render it more suitable for grounds maintenance and industrial applications.

United States Customs have indicated that the proposed vehicle would fall under their Tariff Regulation 692.40, Non-highway Self-Propelled Vehicles. The vehicle as imported, would not include body panels with the exception of a protective cab enclosure. The engine is a special built, twin cylinder, industrial type that is being used on a three wheel vehicle manufactured at our Augusta, Georgia factory.

Since this vehicle is not designed or intended for use on public thoroughfares, we would like your opinion on this matter in order to avoid any potential problems.

Your helpfulness and prompt reply in this matter will greatly appreciated.

Sincerely,

Jimmy N. Eavenson Director Product Engineering