Interpretation ID: 18332.nhf

Mr. Pierre Trudeau
Transport Canada
Road Safety and Motor Vehicle Regulation
330 Sparks Street, Tower C
Ottawa, Ontario K1A 0N5

Dear Mr. Trudeau:

This responds to your inquiry about whether several pieces of construction equipment manufactured by Allmand Bros., Inc. and portable compressor units manufactured by Atlas Copco Compressors, Inc. (Atlas) are considered motor vehicles under our statutes and regulations. I apologize for the delay in my response. According to the information provided with your letter, Allmand Bros., Inc. manufactures non-powered light towers, portable flashing arrowboards, and other non-powered construction equipment. Atlas manufactures trailer mounted compressor units for use as construction equipment. I can provide general information on how we analyze whether these types of units are considered motor vehicles. However, without specific information on a particular unit, we cannot provide an opinion as to whether it is a motor vehicle.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) issues and enforces the Federal motor vehicle safety standards (FMVSS). NHTSA's statute defines the term "motor vehicle" as follows:

[A] vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, but does not include a vehicle operated only on a rail line. 49 USC 30102(a)(6).

Whether NHTSA considers various pieces of construction equipment and portable compressors to be motor vehicles depends on their use. In the past, we have concluded that this statutory definition does not encompass mobile construction equipment, such as cranes and scrapers, which use the highway only to move between job sites and which typically spend extended periods of time at a single job site. In such cases, the on-road use of the equipment is merely incidental and is not the primary purpose for which they were manufactured. Other construction vehicles, such as dump trucks, frequently use the highway going to and from job sites, and stay at a job site for only a limited time. Such vehicles are considered motor vehicles, since the on-highway use is more than "incidental."

Based on the information you provided in your fax, we do not have sufficient information about the use of the construction equipment or the portable compressors to determine whether or not they are motor vehicles. I note, by way of guidance, that we concluded that mobile waterjet cutting and cleaning equipment were not motor vehicles, based on the fact that they appeared to stay on job sites for extended periods of time ranging from a week to over a year.

If, however, certain construction equipment or portable air compressors are used frequently on the highways, they would be considered motor vehicles and would be required to comply with all applicable FMVSSs. I am also enclosing copies of several letters which address the issue of whether certain units, including portable compressors and construction equipment, are motor vehicles under our statutes and regulations. I hope this information is helpful to you.

If you have further questions regarding NHTSA's safety standards, please contact Nicole Fradette of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:VSA
d.4/1/99