Interpretation ID: GF008639

Mr. Tom Lykken
President CEO
SnoBear Industries
3681 Fairway Road
Fargo, ND 58102

Dear Mr. Lykken:

This responds to an inquiry forwarded to us by Senator Byron L. Dorgan, and your subsequent e-mail communications with George Feygin of my staff. You ask whether a SnoBear ice fishing vehicle (SnoBear) that will be manufactured by your company would be classified as a "motor vehicle." As explained below, based on the information you provided us, we would not consider the SnoBear a "motor vehicle" for the purposes of our regulations.

I am pleased to have this opportunity to explain our laws and regulations. Title 49 U. S. Code (U.S.C) Chapter 301 authorizes the National Highway Traffic Safety Administration (NHTSA) to prescribe Federal motor vehicle safety standards (FMVSS) 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."

In your e-mail you stated that the SnoBear is not intended for highway use. Instead, SnoBear is intended for use on lakes, primarily for the ice fishing industry, and other limited off road use. Pictures obtained from your website ^[1] and CAD drawings youve provided indicate that the SnoBear is equipped with skies and tracks instead of tires, and therefore cannot travel on surfaces other than snow and ice.

Based on the information you provided, it is our opinion that the SnoBear is not a motor vehicle within the statutory definition. We have previously interpreted Section 30102(a)(6) to mean that vehicles that are equipped with tracks or are otherwise incapable of highway travel are not motor vehicles.^[2] In this instance the SnoBear is incapable of highway travel and therefore is not a motor vehicle. Because the SnoBear is not a motor vehicle, it is not subject to any of our regulations, including the Federal motor vehicle safety standards.

We note that your product may fall under the jurisdiction of the U.S. Consumer Products Safety Commission. Contact information for that agency is at http://www.cpsc.gov/businfo/businfo.html. In addition, the Environmental Protection Agency may have emissions regulations applicable to your product. Contact information for that agency is at http://www.epa.gov/epahome/comments.htm.

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

cc: Nathan Berseth