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Interpretation ID: motor_vehicle_definition



    Mr. M. James Lester
    Director
    NaturalForm, Inc.
    1407 N. Batavia Street, Suite 111
    Orange, CA 92867


    Dear Mr. Lester:

    This is in reply to your letter of March 30, 2001, 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. You enclosed a flyer which describes the vehicles you wish to import as follows: (1) a "Coach" van, designed to seat 7 passengers; (2) a "Panel Van," designed to seat 2 passengers; and (3) two types of flatbed trucks-each designed to seat two passengers-one for standard cargo and the other for long cargo.

    We note that we addressed the importation of similar vehicles manufactured by Asia Motors in our letter of August 11, 2000, to Daryl R. Nelson of Fleet Golf and Industrial Vehicles, Inc. In your letter, you list five factors that this agency has considered in determining whether a vehicle is a "motor vehicle" subject to our motor vehicle safety regulations. After each factor, you provide facts about your situation. These factors 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 represent that "All advertising, brochures, and promotional materials will clearly state that these vehicles are intended for use off-road only." You further indicate that "use [of the vehicles] in any other capacity will serve to void the warranty." This factor suggests that the vehicles should not be considered motor vehicles.

      2. Whether the vehicle's manufacturer or dealers will assist the vehicle's purchasers in obtaining certificates of origin or title documents to register the vehicle for on-road use. You addressed this factor by stating that "any MCO or MSO would have to come though our company, and under no circumstance would we ever assist in obtaining such documents for the purpose of registering these vehicles for on-road use." This factor would indicate that the vehicles should not be considered motor vehicles.

      3. Whether the vehicles will be sold by dealers also selling vehicles that are classified as motor vehicles. You replied that your company "do[es] not intend to market these vehicles through automobile or truck dealers, but instead will market through golf car, turf and industrial vehicle dealers." According to your letter, such dealers "primarily sell vehicles for off-road use in such applications as[:] maintenance and material handling on golf course grounds, park grounds, large industrial plants, etc." While golf courses, park grounds, and large industrial plants may have roadways, these are generally not roads used by the general public. Accordingly, this factor suggests that the vehicles should not be considered motor vehicles.

      4. Whether the vehicle has 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 and black label mounted 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 US DOT regulations for on-road use. It is illegal for use as a licensed vehicle!" As this agency's regulations concern on-road vehicles rather than on-road use, we would ask that you change the second sentence of the warning label to read as follows: "This vehicle is not intended for on-road use, and it does not meet US DOT regulations for on-road vehicles." With this change, 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. You state that "it is your understanding that some foreign countries do allow the use of these vehicles on-road in some circumstances." For purposes of this interpretation, we assume that they are operated there without the 25 mph-speed governor that you will install on the ones that your company intends to import into the United States. 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 Robert Knop of this Office at (202) 366-2992.

    Sincerely,

    John Womack
    Acting Chief Counsel

    ref:571
    d.6/26/01