Interpretation ID: nht88-1.31

TYPE: INTERPRETATION-NHTSA

DATE: 02/11/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: MTD Products Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. J.V. McFadden President MTD Products Inc. P.O. Box 36900 Cleveland, Ohio 44136

Dear Mr. McFadden:

This responds to your letter concerning the applicability of Federal on State requirements to a hydraulic logsplitter mounted on a frame carriage equipped with highway high speed wheels and a trailer towing hitch. While we can not answer your question co ncerning applicable State requirements, we provide the following information on the applicability of Federal motor vehicle safety standards.

By way of background information, our agency is authorized, under the National Traffic and Motor Vehicle Safety Act of 1966 (15 D.S.C. 1381 et seq.), to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse commercial products. Instead, the Vehicle Safety Act establishes a "self-certification" process under which each manufacturer is required to certify that its p roducts meet all applicable safety standards. The Vehicle Safety Act prohibits the manufacture or sale of a noncomplying product unless, despite the exercise of due care, the manufacturer doesn't have reason to know that the noncompliance exists.

Any vehicle that falls within the statutory definition of the term "motor vehicle" must comply with all applicable safety standards. Section 102(3) of the Vehicle Safety Act (15 D.S.C. 1391(3) defines a "motor vehicle" as any vehicle driven or drawn by m echanical 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. The definition does not include equipment which uses the highways only to move between job sites and which typically spends extended periods of time at a single job site. In this case, the on-highway use of t he vehicle is merely incidental, and is not the primary purpose for which the vehicle was manufactured.

On the other hand, when a vehicle frequently uses the highway going to and from job sites, and stays at the job site for only a limited time, it is the agency's position that the vehicle in question is a "motor vehicle" in the statutory sense, since the on-highway use is more than "incidental".

Notwithstanding the foregoing, a vehicle is not classified as a motor vehicle if it is of such an unusual configuration that it is easily distinguished from normal traffic and it has a top speed of not more than 20 miles per hour.

A determination of whether or not a vehicle falls within the definition of motor vehicle is based upon a consideration of all of the above factors. Given the information that you have provided us, it appears that the hydraulic log-splitter is a motor veh icle. From the picture in the brochure, it is clear that the vehicle has an unusual configuration. This alone, however, is not adequate to prevent a determination that the vehicle is a motor vehicle within the meaning of the statute. More important is th e fact that the vehicle may make frequent use of the highway, staying at one particular job site a limited amount of time. The provision of highway speed tires indicates the manufacturer's intention to produce a vehicle which is suitable for driving at h ighway speeds.

Because the tow-behind logsplitter is equipped with a trailer tow hitch, we would consider the vehicle a trailer, defined in the agency's regulations as:

a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle.(See 49 CFR 571.3.)

The safety standards which apply to all trailers are Standard No. 108, Lamps, reflective devices, and associated equipment: Standard No. 120, Tire selection and rims for motor vehicles other than passenger cars: and Standard No. 115, Vehicle Identificati on Number--Basic Requirements. The content requirements for the vehicle identification number are found at Part 565. In addition, if the trailer is equipped with brakes, it must meet Standard No. 106, Brake hoses, Standard No. 116, Motor vehicle brake fl uids, and applicable requirements of Standard No. 121, Air brake systems. All of these standards are found in 49 CFR Part 571.

We regret the delay in responding to your request. If you have further questions on this matter, please contact us.

Sincerely,

Erika Z. Jones Chief Counsel

Highway Traffic Safety Administration Office of Chief Counsel 400 7th Street S.W. Washington, DC 20590

RE: Applicability of Highway Rules - Tow Behind Logsplitter

Gentlemen:

Your advice is requested relative to whether there are any federal or state requirements which would pertain to a hydraulic log-splitter mounted on a frame carriage equipped with highway high speed wheels and a trailer towing hitch.

We enclose product literature produced by Duerr Incorporated who inform us that this particular application does not fall within any regulations which would require lights, license plates, etc.

Very truly yours,

J.V. McFadden President

JVM/djm Enclosure: Product brochure