Interpretation ID: nht73-3.46
DATE: 03/12/73
FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA
TO: Harnischfeger Corporation
TITLE: FMVSR INTERPRETATION
TEXT: This is in reply to your letter of January 25, 1973, to Gordon Lindquist, Regional Administrator, NHTSA, asking whether Federal standards require the installation of seat belts on certain vehicles you manufacture. According to brochures you have submitted, these vehicles are your RH 25 3-cu. yd. heavy duty hydraulic shovel, R-150-1 15-ton hydraulic crane, W-350 35-ton hydraulic swinger crane, and T-150 15-ton fully hydraulic truck crane.
With reference to the first three vehicles, the RH 25, R-150-1, and W-350, the NHTSA does not consider these vehicles to be manufactured primarily for use on the public roads. Therefore, they are not "motor vehicles" subject to regulation under the National Traffic and Motor Vehicle Safety Act of 1966. We view them as construction equipment whose use of the public roads is incidental to their primary work-performing purpose.
The NHTSA believes, however, based on the information you have submitted, that the T-150 hydraulic truck crane is a motor vehicle under the Safety Act, and a "truck" under the motor vehicle safety standards. We base this determination on the vehicle's speed capability, that its manufacturer classifies it as a "truck crane", and that its overall appearance appears to be that of a vehicle designed to be used on the highway. As a truck, the vehicle is required to be equipped with seat belts as specified in Motor Vehicle Safety Standard No. 208, Occupant Crash Protection (49 CFR 571.208, copy enclosed). It is required also to conform to safety requirements specified in other safety standards and regulations. Copies of the standards can be obtained as described in the enclosed, "Where to obtain Motor Vehicle Safety Standards and Regulations".
Our decision as to whether this vehicle is a motor vehicle is based only on that information which you have provided us. Other relevant factors which can be taken into consideration are set forth in the enclosed interpretation regarding mini-bikes. If you have further information which you believe we should also consider we will be glad to review it.
ENCLS.