Interpretation ID: GF007988

Ms. Amy Homan
Crown Energy Technologies, Inc.
3111 Shepard Place S.E.,
Calgary, Alberta
CANADA T2C 4P1

Dear Ms. Homan:

This responds to your October 21, 2004, e-mail to George Feygin of my staff. You ask whether two oilfield equipment rigs manufactured by your company would be classified as "motor vehicles" and subject to the requirements of Federal motor vehicle safety standard (FMVSS) No. 121, Air brake systems.

Title 49 U.S.C. Chapter 301 authorizes the National Highway Traffic Safety Administration (NHTSA) to prescribe Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Section 30102(a)(6) defines "motor vehicle" as:

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

NHTSA has issued several interpretations of this language. We have stated that vehicles equipped with tracks, agricultural equipment, and other vehicles incapable of highway travel are not motor vehicles. We have also determined that certain vehicles designed and sold solely for off-road use (e.g. , airport runway vehicles and underground mining vehicles) are not motor vehicles, even if they may be operationally capable of highway travel. Finally, we have concluded that items of mobile construction equipment that use the highways only to move between job sites and that typically spend extended periods of time at a single site are not motor vehicles. However, we do consider vehicles that use the public roads on a necessary and recurring basis to be motor vehicles.

In the present case, the information you have provided describes two oilfield equipment rigs designed to service oil and gas wells. One is a tandem/tandem, which has four axles; the front two axles are steer axles. This units GVWR is 95,600 pounds. The second is a tandem/tridem, which has five axles; the front two axles are steer axles. This units GVWR is 120,600 pounds. Your letter indicates that these rigs travel on local roads and interstate highways between well locations. The period of time a rig spends at a single location varies depending on the end-user. You indicated that the rigs may be required to stay on a lease for a day, a week or a month at a time.

The vehicles you ask about appear similar to items of mobile construction equipment which are not considered motor vehicles. Given this similarity and the limited usage you describe, we believe that the vehicles are not "motor vehicles" subject to the Federal motor vehicle safety standards.

I hope you find this information helpful. If you have any other questions please contact Mr. George Feygin at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

2 Enclosures

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d.2/2/05