Interpretation ID: nht94-7.11

DATE: April 1, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: William J. MacAdam -- President and CEO, trans2 Corporation (Farmington Hills, MI)

COPYEE: James Freeman, Esq. -- Hogan and Hartson

TITLE: None

ATTACHMT: Attached to two letters dated 11/3/93 from William J. MacAdam to John Womack (OCC 9283)

TEXT:

This responds to your request for an interpretation that an electric vehicle that trans2 plans to manufacture is not a "motor vehicle" within the meaning of the National Traffic and Motor Vehicle Safety Act (Safety Act). Your counsel, Mr. James Freeman, informed Ms. Dorothy Nakama of my staff that you do not object to the manner in which this letter describes the trans2 vehicle.

We have determined that the trans2 electric vehicle is not a "motor vehicle" under the Safety Act. "Motor vehicle" is defined at Section 102(3) of the Act as:

(A)ny vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

It is unclear from your letter whether the trans2 vehicle is manufactured for on-road use. However, NHTSA has stated in past interpretations that vehicles that regularly use the public roads will not be considered "motor vehicles" if such vehicles have a maximum attainable speed of 20 miles per hour or less and have an abnormal configuration that readily distinguishes them from other vehicles.

These criteria appear to be met by trans2's vehicle. You stated that the top speed of the vehicle is 20 miles per hour. Photographs of trans2's vehicle show that it is approximately the size and height of a golf cart. From the side, the passenger compartment appears to be an oval. From the rear, the vehicle has tail lights built into the two headrests. These unusual body features make the trans2 vehicle readily distinguishable from "motor vehicles."

Accordingly, we determine that trans2's vehicle is not a "motor vehicle" within the meaning of the Safety Act. Since the trans2 vehicle is not a motor vehicle, none of NHTSA's regulations or standards apply to it.

Please note that except for the features of the trans2's vehicle described herein, the remaining vehicle specifications described in your letter of November 3, 1993 are protected under Exemption 4 of the Freedom of Information Act. The protection will continue until trans2 discloses details of its vehicle to the public.

I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.