Interpretation ID: 2864o
529 Nassau Road
Roosevelt, NY 11575
Dear Mr. Gingold:
This is in response to your letter of April 27, 1988, asking whether any of the Federal motor vehicle safety standards apply to an airport baggage conveyor. The answer is no.
The National Traffic and Motor Vehicle Safety Act of 1966 ("Safety Act", 15 U.S.C. 1381 et seq.), authorizes this agency to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. Conversely, we have no authority to regulate vehicles that are not "motor vehicles" or equipment that is not "motor vehicle equipment." Section 102(3) of the Safety Act (15 U.S.C. 1391(3)) defines a motor vehicle as
any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.
Under this definition, any vehicle intended and sold solely for off-road use is not considered a motor vehicle under the Safety Act, even if it is operationally capable of highway travel. We have long offered "airport runway vehicles" as an example of vehicles that are not motor vehicles, because they are sold solely for off-road use. NHTSA has specifically stated that an airport baggage trailer is not a motor vehicle, in a July 11, 1983 letter to D.F. Landers.
Since the airport baggage conveyor to which you referred in your letter is not a "motor vehicle," none of our safety standards or other regulations would apply to the vehicle. We are not aware of any other Federal agency that has established safety standards applicable to airport baggage conveyors.
Sincerely,
Erika Z. Jones Chief Counsel
ref:VSA#102 d:6/30/88