Interpretation ID: GF001071

Mr. David Regan
Trecan Combustion Limited
4049 St Margarets Bay Road
Hubley, Nova Scotia B3Z1C2
Canada

Dear Mr. Regan:

This responds to your February 10, 2004, letter and phone conversation with George Feygin of my staff. You ask whether snow melting machines manufactured by your company would be classified as "motor vehicles." You manufacture three different machines with the primary function of melting large quantities of snow. In order to move from location to location, these machines are equipped with wheels and function much like a trailer. As explained below, based on the information you provided us, we would not consider these machines to be motor vehicles for the purposes of our regulations.

Title 49 U.S.C Chapter 301 authorizes the National Highway Traffic Safety Administration (NHTSA) to prescribe Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Section 30102(a)(6) 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."

NHTSA has issued several interpretations of this language. We have stated that vehicles equipped with tracks, agricultural equipment, and other vehicles incapable of highway travel are not motor vehicles. We have also determined that certain vehicles designed and sold solely for off-road use (e.g., airport runway vehicles and underground mining vehicles) are not motor vehicles, even if they may be operationally capable of highway travel. Finally, we have concluded that items of mobile construction equipment that use the highways only to move between job sites and that typically spend extended periods of time at a single site are not motor vehicles. However, we do consider vehicles that use the public roads on a necessary and recurring basis to be motor vehicles.

In the present case, your letter states that your snow melting machines are designed primarily for use by airports and other large facilities, such as parking garages. While these machines are capable of highways travel, you state that in all likelihood such travel will be limited to reaching permanent or semi-permanent job sites (i.e specific locations where large snow piles are continuously accumulated). Based on this information, it appears that these machines are akin to airport runway vehicles or items of mobile construction equipment that do not travel on highways on a recurring basis. Accordingly, we find that the snow melting machines described in your letter are not "motor vehicles." Because these machines are not motor vehicles, they are not subject to our regulations and requirements, including the requirement to meet all applicable FMVSSs.

We note that our finding is limited specifically to the equipment described in your letter, and is largely based on your representation of its intended use. In your correspondence, you state that some snow melting machines may be sold to large cities, but you do not elaborate further. We presume that snow melting machines purchased by large cities would also remain mostly at some single location designated for snow melting activities. However, we wish to caution that our finding does not apply to snow melting equipment that is intended to be used extensively on public roads on a recurring basis.

I hope you find this information helpful. If you have any other questions please contact Mr. George Feygin at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:571
d.3/12/04