Interpretation ID: 17340-2.pja

Mr. Richard Dorris
President
QMC
18071 Mt. Washington St.
Fountain Valley, CA 92708

Dear Mr. Dorris:

This responds to your letter requesting an interpretation of whether the trailer mounted hydraulic cranes your company manufactures would be excluded from the National Highway Traffic Safety Administration's (NHTSA's) rear impact protection (underride guard) regulations. The vehicles have, near their rear, under the bed, outriggers that stabilize the trailer while the crane is operating. The outriggers slide horizontally out of a housing and extend laterally several feet from the side of the trailer. You ask whether, due to the unique nature of these vehicles, they would be excluded as special purpose vehicles. As explained below, it is our opinion, based on the information you provided, that the regulation does not apply to them because these vehicles are not considered motor vehicles under our statute. Therefore, these trailers would not need to be fitted with a compliant rear impact guard.

Chapter 301 of Title 49, U. S. Code authorizes the Secretary of Transportation, through this agency, to establish Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. The pertinent part of 49 U.S. Code 30102(6)) defines the term "motor vehicle" as "a vehicle driven or drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways  . . ." (emphasis added).

Your trailer mounted hydraulic cranes are not motor vehicles, within the statutory definition quoted above. In a July 8, 1998, telephone conversation with Paul Atelsek of my staff, you stated that they are utilized primarily on construction sites but are occasionally transported over the public roadways from one job site to another, at which they typically spend extended periods of time. In such cases, the on-highway use of the vehicle is considered merely incidental and is not the primary purpose for which the vehicle was manufactured. This is in contrast to vehicles, such as dump trucks, which frequently use the public roadways going to and from job sites, but stay at a job site for only a limited time. Such vehicles are considered motor vehicles, since their on-highway use is more than "incidental."

Based on your description of their use, it is our opinion that your trailer mounted hydraulic cranes are not motor vehicles, and therefore are not subject to the underride guard requirements of Standard No. 224. However, if we were to receive information that your trailers were used on the roads more than on an incidental basis, then we would have to reconsider this opinion.

I hope that this information is helpful. If you have any further questions, please feel free to contact Paul Atelsek of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:224
d.9/16/98