Interpretation ID: 2985yy
Manager - Research and Development
Elgin Sweeper Company
1300 W. Bartlett Road
P.O. Box 537
Elgin, IL 60121-0537
Dear Mr. Strauser:
This responds to your letter of March 25, 1991 regarding the applicability of this agency's safety standards to a number of models of Elgin and Ravo street sweepers.
In general, all vehicles classified as "motor vehicles" are subject to safety standards. Section 102(3) of the National Traffic and Motor Vehicle Safety Act (the Act) defines the term "motor vehicle" as follows:
"Motor vehicle" means 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 a longstanding policy, this agency has regarded vehicles not to be "motor vehicles" within the meaning of the Act and therefore not subject to safety standards, despite their use on the highways, if they (1) have an unusual body configuration which sets the vehicles apart from typical highway traffic and (2) have a maximum speed capability of 20 mph or less.
Based upon the literature you provided, the Pelican "SE" and Pelican "P" 3-wheel street sweepers appear to meet these criteria. If the advertised speed ("Up to 20 mph") is the maximum speed these vehicles are capable of, these vehicles would not be considered "motor vehicles" and therefore would not be required to comply with the safety standards. Since the advertised speed of the Whirlwind, Crosswind, and Eagle 4-wheel street sweepers, and the Ravo Model 5000 street sweeper exceeds 20 mph (or the description, i.e., "legal highway speeds", suggests that the vehicle is capable of exceeding 20 mph), these vehicles would be considered "motor vehicles." The information you enclosed on the Ravo Model 4000 street sweeper did not indicate its maximum speed capability. If this vehicle is capable of speeds in excess of 20 mph, it would also be considered a "motor vehicle." Street sweepers which are considered to be "motor vehicles" would be classified as "trucks" and required to comply with all safety standards applicable to trucks. The Federal motor vehicle safety standards are contained in Title 49 of the Code of Federal Regulations (CFR), Part 571. You may find a copy of 49 CFR Part 571 at a Federal Depository Library in your State. If you so choose, you may purchase a copy of the volume of Title 49 which includes Part 571 from the United States Printing Office (GPO), Washington, D.C., 20402, (202) 783-3238.
I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel /ref:VSA d:5/8/9l