Search Interpretations

Interpretation ID: Strauser_ltr



    Mr. Dan Strauser
    Manager--Research and Development
    Federal Signal Corporation
    1300 West Bartlett Road
    Elgin, IL 60120-7529


    Dear Mr. Strauser:

    This is in reply to your letter asking how various models of Ravo street sweepers would be treated under our current regulations and interpretations. Specifically, you have inquired about the Ravo 3-series, 4-series, and 5-series models, which are more fully described in the brochures you enclosed with your letter.

    From the brochures, it is apparent that these Ravo street sweepers are 4-wheeled vehicles that vary considerably in terms of maximum speed capacity. The Ravo 3-series street sweeper is available in two speed versions: one with a maximum speed capacity of 32 kilometers per hour (km/h) (20 mph) and one with a maximum speed capacity of 40 km/h (25 mph). The Ravo 4-series (Ravo 4000) street sweeper appears to be available in only one speed version with a maximum speed capacity of 30 km/h (19 mph). The Ravo 5-series street sweeper is available in three speed versions: one with a maximum speed capacity of 32 km/h (20 mph), one with a maximum speed capacity of 40 km/h (25 mph), and one with a maximum speed capacity of 62 km/h (39 mph).

    By way of background information, the National Highway Traffic Safety Administration (NHTSA) regulates "motor vehicles." A "motor vehicle" is defined in part as one which is "manufactured primarily for use on the public streets, roads, and highways." 49 U.S.C. 30102(6). Vehicles that operate on the public streets, roads, and highways, as one of their primary uses ("on-road vehicles"), are generally subject to the Federal motor vehicle safety standards (FMVSS). This agency has used various tests for determining whether an on-road vehicle is a motor vehicle. For example, NHTSA has consistently determined that on-road vehicles with a maximum speed capacity greater than 32 km/h (20 mph) are motor vehicles and therefore subject to the FMVSS. With regard to certain low-speed on-road vehicles, we have, in past interpretations, concluded

    that those with a maximum speed capacity of 32 km/h (20 mph) or less and an abnormal configuration that distinguished them from the traffic flow were not subject to the FMVSS. During the 1997 low-speed vehicle rulemaking (1) and in at least one subsequently-issued interpretation, (2) however, this agency announced its intention to abandon "abnormal configuration" as a test for future interpretations.

    It is against this backdrop that we consider whether the Ravo street sweepers about which you inquire are subject to the FMVSS. This agency has consistently stated, over the years, that street sweepers are "motor vehicles" because they are manufactured for the purpose of cleaning city streets and spend their entire functional life on public streets. The next question to be addressed, therefore, is whether they are subject to the FMVSS and, if they are, how they are classified for compliance purposes.

    Consistent with past interpretations, we consider the Ravo street sweepers with a maximum speed capacity greater than 32 km/h (20 mph) to be subject to the FMVSS. This conclusion is based on long-standing agency policy subjecting all on-road vehicles with a maximum speed capacity greater than 32 km/h (20 mph) to the FMVSS. As to the proper classification of these vehicles, we consider them to be "trucks" because they are four-wheeled vehicles designed primarily for the transportation of street sweeper brushes, which we have long considered to be "special purpose equipment." (A "truck" is defined as a "motor vehicle . . . designed primarily for the transportation of property or special purpose equipment." See 49 CFR Part 571.3(b).)

    With respect to the Ravo street sweepers with a maximum speed capacity of 32 km/h (20 mph) or less, we are currently in the process of considering what tests should be applied in determining whether on-road vehicles are motor vehicles. In the meantime, since we have previously concluded that street sweepers with a maximum speed capability of 32 km/h (20 mph) or less are not motor vehicles and therefore not subject to the FMVSS under the old line of interpretations, we are re-affirming that conclusion. We will maintain that position unless, and until, the agency announces a change in policy.

    If you have any questions, you may contact Robert Knop of this Office at (202) 366-2992.


    Sincerely,

    John Womack
    Acting Chief Counsel

    ref:571
    d.9/5/01


    1. 1 See Notice of Proposed Rulemaking, 62 FR 1077 (January 8, 1997).

    2. 2 See November 20, 1997, letter to Mr. Gary Starr of ZAP Electric Bikes.