Interpretation ID: nht68-2.17

DATE: 06/04/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Wayne Manufacturing Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of April 18 stating your uncertainty as to whether certain products of Wayne (945 Four Wheel Street Sweeper, Sanivac, 900 Three Wheel Street Sweeper, and Brush Clipper, 12 and 16 inch size) are regulated by the Federal motor vehicle safety standards.

Since a "motor vehicle" subject to regulation by the National Traffic and Motor Vehicle Safety Act of 1966 in "any vehicle driven . . . by mechanical power manufactured primarily for use on the public streets, roads, and highways . . ." (Section 102(3)) both the four wheel street sweeper line and the Sanivac are subject to the Federal standards, specifically those applicable to trucks. They are "designed primarily for the transportation of . . . special purpose equipment" (23 C.F.R. @ 255.3(b)). Accordingly these vehicles must be manufactured in conformity with all Federal standards applicable to trucks, and certification provided to distributors and dealers pursuant to section 114 of the Act. For your guidance I enclose a copy of a Certification Notice with which Wayne should comply. I also enclose a copy of PL 90-283 adding new section 123 of the Act, which I do not believe was included with the Act, standards and amendments, and chassis-cab ruling that Mr. O'Gorman sent Mr. Vermes on May 17 in response to his letter of March 12.

On the other hand, the three wheel sweeper, while a "motor vehicle" within the meaning of the Act, does not fall into any of the vehicle types, thus far defined to which standards are applicable, and consequently there are no standards applicable to it at this time. It is unclear from the brochures you enclosed on the 12 and 16 inch Brush Clipper whether these are motor vehicles within the meaning of the Act. We are, of course, pleased to see the emphasis on safety shown by the seven features listed in the descriptive literature on those products, but request that you supply more information covering the use of these machines, such as location of clipping operations, size of towing vehicles etc.