Interpretation ID: 23939.ztv

Mr. Michael Burgess
Sales Manager
Alliance Vehicle Systems
2599 N. Orange Blossom Trail
Kissimmee, FL 34744

Dear Mr. Burgess:

This is in reply to your undated letter to Taylor Vinson of this Office, which we received on January 22, 2002. As you may know, security precautions have caused a slowdown in the delivery of mail to Federal offices. If you sent your letter in the last two months of 2001, that is the reason for our delay in our responding to you.

You have enclosed literature from Vantage Vehicle Group (VVG) and ask whether the group has "met all the criteria by your Department, and has received the proper approvals." This material consists of a cover letter dated August 28, 2001, addressed to "Turf & Golf Industry Dealers" and signed by "Jim Lester," and an information sheet on the vehicles that VVG is offering for sale. The vehicles about which you ask are identified as the "TruckALL," and the "VanGO." VVG identified the vehicles as "small utility trucks and vans," and stated that they are imported directly from Kia Motors of Korea. They are described as suitable "for golf course, utility work, and multi-person transportation."

The same, or similar, Kia vehicles appear to have been the subject of our letter of May 4, 2000, to Ronald R. Shelton of Metro Motors Corporation (copy enclosed). We note, in passing, that Mr. Shelton's address is almost identical to yours (2595 vs. 2599 North Orange Blossom Trail). We sent a similar letter to Mr. Lester on June 26, 2001, a copy of which is enclosed.

We note that VVG's material contains inaccuracies. It stated that "(1) Legal [emphasis in original] importers receive letters from each government agency granting import status for its vehicles to be sold for 'off road' only. Without such approval, fines and other penalties may apply. . . . VVG has met or exceeded all U.S. government requirements for its vehicles and is approved as an importer." This is not an accurate statement. We do not grant "import status" or "approve" persons or companies as importers of off-road vehicles. We provide interpretations upon request as to whether specific vehicles are, or appear to be, manufactured primarily for use on the public streets, roads, and highways (e.g., whether they are motor vehicles subject to our jurisdiction). If a vehicle was not manufactured primarily for use on the public roads, no Federal approval is required of the importer.

VVG also stated that "U.S. DOT . . . regulations require that importers of vehicles used 'on road' in other countries, provide evidence that its vehicles have been 'speed limited' in a manner consistent with government requirements." It also stated that "The government requires us to limit the speed on our vehicles to a maximum of 25 mph, but the type of limiter is left up to each importer. VVG only installs a U.S. built . . . electronic speed limiter." These statements are incorrect. If a vehicle is used on the public roads in its country of origin, that is a factor that we consider in providing interpretations as to whether a vehicle would be a "motor vehicle" in the United States, even if the intent of the importer is to sell or use it in off-road applications. Speed capability plays little part in these interpretations. The relevant issue is whether the vehicle will be used on the U.S. public streets, roads, and highways, in which case vehicle speed capability may be a factor in determining whether the vehicle is a "motor vehicle" and a "low-speed motor vehicle."

We are providing VVG with a copy of this letter.

Sincerely,

John Womack
Acting Chief Counsel

Enclosure
cc: Vantage Vehicle Group
ref:500
d.3/6/02