Interpretation ID: nht80-3.48

DATE: 09/12/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Raphael Musto; House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your letter of August 22, 1980 concerning an inquiry regarding regulations for off-road vehicles, which was referred to us by Kenneth S. Birnbaum, Director, Office of Congressional Affairs, Department of Transportation. Your constituent, Mr. Steve Schwika, asked about regulations for off-road vehicles (terrane vehicles - 6 wheel).

The National Highway Traffic Safety Administration issues both fuel economy standards and Federal motor vehicle safety standards. As explained below, six-wheel terrane vehicles are not subject to fuel economy standards. However, without more detailed information concerning the vehicles, we cannot give a definitive answer as to whether Federal motor vehicle safety standards would be applicable. Nonetheless, we can provide guidelines for use in determining the status of these vehicles.

Pursuant to Title V of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. @ 2001), this agency has promulgated regulations which establish the categories of motor vehicles that are subject to fuel economy standards. The regulations (49 CFR Part 523) state that fuel economy standards are applicable only to automobiles, light trucks, and automobiles capable of off-highway travel. Under the definitions set forth at 15 U.S.C. @ 2001 and in the regulations, fuel economy standards are only issued for four-wheeled vehicles. A six-wheel terrane vehicle would not, therefore, be subject to fuel economy standards.

Our safety standards 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 (15 U.S.C. @ 1391(3)) 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 has reason to expect will use public highways at least part of the time. We are enclosing an information sheet which gives further guidelines on which vehicles are subject to Federal motor vehicle safety standards, as well as an information sheet explaining where copies of the regulations may be obtained.

SINCERELY,

Congress of the United States House of Representatives

August 22, 1980

Kenneth Birnbaum, Acting Director of Congressional Affairs Department of Transportation Dear Mr. Birnbaum:

Mr. Steve Schwika of Box 167, Penn Lake, White Haven, Pennsylvania 18661, has asked me to help him obtain formation on the regulations for off-road vehicles (terrane vehicles - 6 wheel).

Please be good enough to favor me with your comments.

RAPHAEL MUSTO, Member of Congress