Interpretation ID: 18342.wkm

Mr. Scott Rink
OverBuilt, Inc.
780 West Park Avenue NW
Huron, SD 57350

Dear Mr. Rink:

Please pardon the delay in responding to your letter to Walter Myers of my staff in which you asked whether the car crusher your company builds is excluded from the antilock brake system (ABS) requirements of Federal Motor Vehicle Safety Standard (Standard) No. 121, Air brake systems. The answer is yes.

You enclosed a promotional brochure that shows a picture of your car crusher. You described it as weighing 60,000 pounds and is sold either as a stationary or as a portable unit, the only difference being the addition of axles and a fifth wheel. You stated that the equipment is not used to haul anything but itself, and the brochure states that when ready to be transported, the deck is lowered and the equipment towed away. We take that to mean that any cars that have been crushed have been removed and only the crusher itself is transported.

Chapter 301 of Title 49, U. S. Code (hereinafter referred as the Safety Act) authorizes this agency to establish Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. The Safety Act defines "motor vehicle" as:

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

49 U.S. Code 30102(a)(6).

In reviewing the information you provided, including the brochure enclosed with your letter, it is our opinion that the car crusher you described and as depicted in your brochure is not a motor vehicle within the statutory definition. It is obviously designed to be used primarily off-road and although it is capable of being transported on-road from the factory to the customer and by the customer from one job site to another, its on-road use is only incidental and not the primary purpose for which the equipment was manufactured. Not being a motor vehicle, therefore, your car crusher is not required to comply with the Federal motor vehicle safety standards, including Standard No. 121.

Moreover, Standard No. 121 applies to "trucks, buses, and trailers equipped with air brake systems." It does not, however, apply to "Any trailer that has an unloaded vehicle weight which is not less than 95 percent of its GVWR [gross vehicle weight rating], . . ." Accordingly, since your car crusher is transported by itself with no other cargo or equipment included, it would be excluded from the requirements of Standard No. 121 in any case by virtue of paragraph S3(f).

I hope this information is helpful to you. Should you have any questions or need further information, feel free to contact Mr. Myers at this address or at (202) 366-2992, or by fax at (202) 366-3820.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:121
d.12/1/98