Interpretation ID: nht81-2.12

DATE: 04/03/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Auto Meter Products, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

APR 3 1981

NOA-30

Mr. Rolan 'Jeep' Worthan National Sales Manager Auto Meter Products, Inc. 413 W. Elm Street Sycamore, IL 60178

Dear Mr. Worthan:

This responds to your letter of January 12, 1981, regarding the applicability section of Safety Standard No. 127, Speedometers and Odometers. You asked whether this standard applies to the speedometers you build, which are produced in low volume and primarily for manufacturers of show automobiles, off-road use vehicles and professional race cars. You interpret section S3 of the standard to apply only to "original equipment manufacturers such as Ford, General Motors or those who manufacture speedometers for them."

Your interpretation is not quite correct. As you note in your letter, the application section (S3) of Standard No. 127 states that:

This standard applies to passenger cars, multipurpose passenger vehicles, trucks, motorcycles, and buses, and to speedometers and odometers for use in vehicles to which this standard applies...

"Passenger car" is defined in S 571.3 of 49 CFR Part 571 as:

a motor vehicle with motive power, except a multi-purpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less.

Thus, the word "passenger car" in Standard No. 127 encompasses more than those vehicles mass-produced by Ford, General Motors and Chrysler that we traditionally view as passenger cars. Any motor vehicle that (1) has motive power, (2) is designed to carry 10 persons or less (including the driver), and (3) that is not a multipurpose passenger vehicle (MPV), motorcycle, or trailer is a "passenger car."

Therefore, a professional racing car would be considered a "passenger car" if it is a "motor vehicle." Section 102(3) of the National Traffic and Motor Vehicle Safety Act of 1966 (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.

A motor vehicle is a vehicle which the manufacturer intends to be used on the public highways part of the time or has reason to expect will be so used. Vehicles intended and used solely for off-road use are not considered motor vehicles. Thus, a professional race car or show car that was built and is used solely for off-road purposes is not considered to be a motor vehicle under the Act. Vehicles which use the public roads on a necessary and recurring basis to move between work sites are classified as motor vehicles. However, in Koehring Co. v. Adams, 452 F. Supp. 635 (E.D. Wisc. 1978), aff'd., 605 F.2d 280 (7th Cir. 1979), the United States Court of Appeals for the Seventh Circuit held that mobile construction equipment that is used on the highways in such fashion does not fall within the definition of motor vehicle. The agency construes the opinion to apply only to the specific equipment at issue in Koehring Co., i.e., mobile cranes, mobile excavators, and mobile well drills.

Thus, the vehicles that you supply with speedometers may be considered "passenger cars" as the term is used in Safety Standard No. 127. We cannot make a definite determination on the basis of the information you have provided (you state that you supply speedometers primarily for off-road vehicles). However, the guidelines set forth above should enable you to reach your own decision. You should contact this office if you have questions about a specific vehicle. If the vehicles for which you are manufacturing speedometers are considered "passenger cars," Standard No. 127 would apply. However, since the speedometer provisions of this standard became effective on September 1, 1979, only speedometers (both original equipment and replacement) manufactured for passenger cars built on or after that date would have to comply. The speed indicator scale on such a speedometer would have to be limited to 85 mph. The Act does not give this agency the power to grant manufacturers of motor vehicle equipment exemptions from applicable safety standards on the grounds of low volume.

We hope you find this information helpful. Please contact this office if you have any more questions.

Sincerely,

Frank Berndt Chief Counsel

January 12, 1981 Office of the Chief Counsel NOA-30 N.H.T.S.A. 400 7th Street SW Washington, D.C. 20590

Dear Sir:

Auto Meter Products Inc. is an aftermarket manufacturer of specialty and hi-performance instruments. Among the instruments that we manufacture and for which I am concerned at this time, are speedometers. We have become aware of recent regulations limiting standard speedometers to 85 MPH maximum and are interested in your confirmation of our interpretation of this regulation.

On page 40593 in Standard No. 127 of the Federal Register volume 45, covering speedometers and odometers, the application of this regulation, (S-3) states, "This standard applies to passenger cars, multipurpose passenger vehicles, trucks, motorcycles, and buses, and to speedometers and odometers for use in vehicles to which this standard applies." In reading over regulation 127, I interpret the standard to be referring to original equipment manufacturers such as Ford, General Motors or those who manufacture speedometers for them. That these standard OEM speedometers are limited to go no higher than 85 MPH.

Since Auto Meter Products Inc. speedomters are produced in low volume and are used primarily in show automobiles, off road use, professional race cars etc. rather than street applications, it is our uderstanding that the 85 MPH limit of the standard No. 127 does not apply. Please advise.

Sincerely,

Rolan 'Jeep' Worthan National Sales Manager

RJW/ap cc: B. Owens