Interpretation ID: nht75-4.21

DATE: 10/17/75

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Tiffin Metal Products

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your request for an opinion on the applicability of Federal Motor Vehicle Safety Standard 205 to a road grader intended for use in highway construction.

The National Highway Traffic Safety Administration issues safety standards for "motor vehicles." Therefore, our regulations apply to a vehicle and its manufacturer only if the vehicle qualifies as a motor vehicle under the provisions of the National Traffic and Motor Vehicle Safety Act of 1966. Section 102(3) of the Act defines 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.

Thus, a motor vehicle is a vehicle which the manufacturer expects will use public highways as part of its intended function.

Tracked and other vehicles incapable of highway travel are not motor vehicles. In addition, vehicles intended and sold solely for off-road use (e.g. aircraft runway vehicles and underground mining vehicles) are not considered vehicles even if operationally capable of highway travel. They would, however, be considered motor vehicles if the manufacturer knew that a substantial proportion of his customers actually would use them on the highway.

Just as clearly, vehicles which use the highway on a necessary and recurring basis to move between work sites are motor vehicles. The primary function of some vehicles is of a mobile, work performing nature and as such their manufacturer comtemplates a primary use of the highway. Mobile cranes, drill rigs, and towed equipment such as chippers and pull-type street sweepers are examples in this area. Even if the equipment uses highways infrequently, it is considered a motor vehicle. An exception to this is that occasional use of the highway in the immediate periphery of the work site, as is the case with some farm and construction equipment, would not by itself case a finding that the vehicle is a motor vehicle. The motor vehicles described above generally qualify as trucks or trailers. As such they are subject to several of the motor vehicle safety standards, and the manufacturer must comply with other regulations in Chapter V of Title 49, code of Federal Regulations.

There are some vehicles which are excepted from the motor vehicle classification despite their use of the highway. Highway maintenance and construction equipment, lane stripers, self-propelled asphalt pavers, and other vehicles whose maximum speed does not exceed 20 miles per hour and whose abnormal configuration distinguishes them from the traffic flow are not considered motor vehicles. This would appear to include road graders whose maximum speed does not exceed 20 miles per hour, if intended for use in highway construction.

From these guidelines you should be able to determine whether a piece of equipment qualifies as a motor vehicle. Please write again if you are unable to make this determination.

Yours truly,

ATTACH.

Tiffin METAL PRODUCTS

August 11, 1975

National Highway Traffic Safety Commission Mr. Hunter

Dear Mr. Hunter:

Per our telephone conversation of August 11, 1975, please forward to me in writing the ruling stating that the Huber Cab for road construction does not have to meet STD 205.

Thank you for your attention in this matter.

Very truly yours,

Joe Steininger -- Inventory Control Manager

cc: W. Heddles; M. Smith