Interpretation ID: aiam2028
House of Representatives
Washington
D.C. 20515;
Dear Mr. Danielson: This responds to your July 18, 1975, request for consideration of th view of Champ Corporation that its rough terrain forklift trucks do not qualify as 'motor vehicles' as they are defined in the National Traffic and Motor Vehicle Safety Act (the Act) (15 U.S.C. 1391 et seq.). Champ Corporation states that Federal motor vehicle safety standards for tires and tire selection cannot be complied with by these forklift trucks.; As you are aware, the Act defines 'motor vehicle' in S103(2) a follows:; >>>'Motor vehicle' means any vehicle driven or drawn by mechanica power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.<<<; In the case of the forklift trucks manufactured by Champ Corporation they generally are considered to be motor vehicles if they use the highway on a necessary and recurring basis to move between work sites, because their primary function is of a mobile work-performing nature that contemplates using the highway. However, three criteria have been established to justify a determination in some cases that these vehicle types do not qualify as motor vehicles:; >>>(1) That the vehicle is intended and sold strictly for off-road use unless the manufacturer knows that a substantial proportion of his customers actually use the vehicle on the highway,; (2) That the vehicle's maximum speed does not exceed 20 mph and it abnormal configuration distinguishes it from the traffic flow, or; (3) That the vehicle only uses the highway occasionally in th immediate periphery of the work site, as is the case with some farm and construction equipment.<<<; As you can see, only the manufacturer is in a position to make thes determinations of usage in most cases. Champ Corporation should therefore make its determination based on these criteria and the actual usage for which its products are intended and sold.; Sincerely, Frank A. Berndt, Acting Chief Counsel