Interpretation ID: nht75-4.47

DATE: 06/06/75

FROM: AUTHOR UNAVAILABLE; James C. Schultz; NHTSA

TO: Department of the Army

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your request for a confirmation of the verbal interpretation of 49 CFR @ 571.7(c) as it applies to commercial construction equipment purchased by the military.

Section 571.7(c) exempts from the Motor Vehicle Safety Standards "a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications." "Motor vehicle" is defined by the National Traffic and Motor Vehicle Safety Act as:

"any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways . . ." (15 U.S.C. @ 102(3)).

Therefore, commercial construction equipment meeting this definition which is sold to the military is exempt from the Motor Vehicle Safety Standards.

SINCERELY,