Interpretation ID: Zozloski_1635

Mr. Stanley J. Kozloski
694 Evelyn Drive
Lady Lake, FL 32162

Dear Mr. Kozloski:

This responds to your letter in which you asked about the applicability of Federal motor vehicle safety standards (FMVSSs) to "golf carts" with modified speed capabilities. Specifically you asked about the applicability of FMVSS No. 500, Low speed vehicles. You also raised several questions regarding the ability of Florida to regulate the operation of "golf carts."I have addressed your questions below.

By way of background, the National Highway Traffic Safety Administration (NHTSA) has authority to prescribe safety standards applicable to new motor vehicles and new items of motor vehicle equipment (49 U.S.C. Chapter 301). Section 30102(a)(6) defines "motor vehicle" as:

[A] vehicle drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways[.]

Under this authority, NHTSA established FMVSS No. 500 (copy enclosed) to ensure that low-speed vehicles (LSVs) are equipped with an appropriate level of motor vehicle equipment for the purposes of safety. The agency defines an LSV as a 4-wheeled motor vehicle, except a truck, whose attainable speed in one mile is more than 20 miles per hour (mph) but less than 25 mph (49 CFR 571.3(b)).

The FMVSSs generally apply to motor vehicles only prior to their first retail sale. However, manufacturers, distributors, dealers, or motor vehicle repair businesses are prohibited from knowingly making inoperative any device or element of design installed on or in a motor vehicle that is in compliance with any applicable FMVSS (49 U.S.C. 30122; "make inoperative" provision).

You indicated in your letter that your initial concern was the applicability of the Federal standards to "golf carts" that have had been modified after their first retail sale. You stated that local businesses are modifying golf carts through the installation of "high

speed 5.5 hp motors, high speed gears, high speed controllers, oversize tires," and the modifying or disengaging of a speed controlling governor. Your letter further explained that these modifications are to increase the maximum speed capacity from just below 20 mph to one as high as upwards of 30 mph.

I note that, in establishing FMVSS No. 500, NHTSA explained that the agency did not intend to regulate golf carts with a maximum speed capability of 20 mph or lower (63 Federal Register 33209; June 17, 1998; enclosed). The agency has determined that conventional golf carts (those with a maximum speed capacity of 20 mph and lower) are not motor vehicles for the purpose of our regulations. ^[1] The primary purpose of a conventional golf cart is not for operation on public roads, beyond that of an incidental nature. Therefore, they are not included in the definition of "motor vehicle."

Because conventional golf carts are not motor vehicles, they are not subject to any FMVSS as originally manufactured. Therefore, a conventional golf cart cannot be taken out of compliance with an FMVSS, because none apply. As such, the "make inoperative" provision does not apply.

The act of modifying a golf cart for use on the public roads would, however, create a motor vehicle to which new-vehicle FMVSSs would become applicable at the time of the modification. For purposes of compliance with NHTSAs regulations, we would regard the modifier as the manufacturer. As a motor vehicle manufacturer, the modifier would be responsible for certifying that the vehicle conformed to all applicable safety standards. These would vary depending on whether the vehicle was an LSV or some other type of motor vehicle.

You indicated in your letter that many of your concerns relate to the operation of"golf carts" with modified speed capabilities. You specifically asked about the establishment and enforcement of State or local registration, inspection, insurance, and operational requirements.

These areas are within the jurisdiction of the States. You may therefore wish to raise these concerns with your local or State representatives.

If you have any further questions about our regulations, please contact Mr. Chris Calamita of my staff, at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:500
d.4/16/04