Interpretation ID: nht93-7.11
DATE: October 6, 1993
FROM: John Womack -- Acting Chief Counsel, NHTSA
TO: Bernhard Peer -- President, Peer Enterprises, Inc.
TITLE: None
ATTACHMT: Attached to letter dated 8/5/93 from Bernhard Peer to John Womack (OCC 8968)
TEXT:
This responds to your letter in which you request "Federal approval and certification" for the "TWIP," the product you plan to import into the United States. You state that this product is a battery driven, two-wheeled electric scooter with a maximum top speed of about 9 miles per hour. In a telephone conversation with Marvin Shaw of my staff, you stated that the TWIP will be used in warehouses and for recreational purposes. I am pleased to have this opportunity to explain our regulations to you.
NHTSA has the authority under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1397(a)(2)(A); Safety Act) to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Section 102(3) of the Safety Act defines "motor vehicle" as:
(A)ny 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.
Based on statements in your letter and in your telephone conversation that the TWIP would be used in warehouses and for off-road recreational purposes, it appears that the TWIP is manufactured primarily for off-road purposes rather than for use on the public streets. Therefore, your product would not be a motor vehicle and thus would not be subject to any of this agency's safety standards.
Even if your product is manufactured for on-road use a substantial amount of the time, it appears that the TWIP would still not be a motor vehicle under this agency's statutory definitions. This is because NHTSA has stated in many previous interpretations that vehicles that regularly use the public roads will not be considered "motor vehicles" if such vehicles have a maximum attainable speed of 20 miles per hour or less and have an abnormal configuration that readily distinguishes them from other vehicles. These criteria are met by the TWIP. In your letter, you stated that the TWIP has a top speed of approximately 9 miles per hour. The sales material you enclosed show that the TWIP's steering mechanism and driver's seat are attached to elongated bars that fold down apparently to make the scooter more portable. This configuration readily distinguishes it from motorcycles and, other two-wheeled vehicles.
I wish to clarify this agency's authority to provide "federal approval and certification." As noted above, under the Safety Act, NHTSA is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. However, NHTSA does not approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self-certification" process under which each
manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards. Therefore, even if the TWIP had been found to be a motor vehicle, the agency would not have approved or certified it. Rather, you, as its manufacturer, would be responsible for certification.
Because your vehicle is not a "motor vehicle," under the Safety Act, none of this agency's standards or regulations applies to it. You may wish to contact the U.S. Consumer Product Safety Commission to learn if they have any Federal safety regulations that would apply. Their address is:
Office of Chief Counsel 5401 Westbard Avenue Bethesda, MD 20207 Telephone: (301) 504-0980
You may also wish to consider the possible application of State laws to your product. For additional information on State laws, you may contact the American Association of motor Vehicle Administrators at:
4200 Wilson Blvd., Suite 600 Arlington, VA 22203 Telephone: (703) 522-4200
I hope you find this information helpful. If you have any, other questions, please contact Marvin Shaw at this address or by phone at (202) 366-2992.