Interpretation ID: nht88-1.34

TYPE: INTERPRETATION-NHTSA

DATE: 02/11/88 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: LLOYD J. OSBORN -- CHIEF, CUSTOMS AND QUARANTINE DIVISION, DEPARTMENT OF COMMERCE, GOVERNMENT OF GUAM

TITLE: NONE

ATTACHMT: MEMO DATED 12-11-87, FROM LLOYD J. OSBORN, TO NHTSA, 20950

TEXT: This is in reply to your letter of December 11, 1987, to the Office of Vehicle Safety Standards of this agency in which you request a "list of vehicles which have been determined by NHTSA to be excluded as motor vehicles."

The agency does not maintain a list of this nature. The National Traffic and Motor Vehicle Safety Act defines a "motor vehicle" as a vehicle, with or without motive power manufactured primarily for use on the public streets, roads, and highways. This c ategory includes vehicles capable of off-road use but which are nevertheless generally licensed for use on the public roads. Over the years, NHTSA has provided interpretations that the following types of vehicles are not "motor vehicles": single seat ra cing cars; stock cars modified to the point that they are no longer licensable for use on the public roads; all-terrain vehicles, racing motorcycles and off-road motorcycles that are trailered over the public roads, golf carts, in-plant vehicles lacking doors and lighting devices, airport crash and rescue vehicles, and shuttle buses, snowmobiles, mobile homes, farm tractors, farm trailers whose use of the public roads is limited to crossing from one field to another, and trailers like mobile compressors which spend lengthy periods of time at an off road worksite and only infrequently travel by road to a new worksite. In addition, the agency does not consider construction cranes to be "motor vehicles". Finally, vehicles manufactured pursuant to militar y contracts, while "motor vehicles", are nevertheless exempted from compliance with the Federal motor vehicle safety standards.

If you have any further questions we shall be happy to answer them, as well as furnish whatever other assistance you may require in formulating your Customs procedures.