Interpretation ID: nht95-2.40

TYPE: INTERPRETATION-NHTSA

DATE: April 19, 1995

FROM: Carol Stroebel, Director -- Intergovernmental Affairs, NHTSA

TO: Honorable Tillie K. Fowler -- Member, U.S. House of Representatives

TITLE: Your Reference: 95-0167-J

ATTACHMT: ATTACHED TO 3/10/95 LETTER FROM TILLIE K. FOWLER TO RICARDO MARTINEZ; ALSO ATTACHED TO 1/4/95 LETTER FROM PHILIP RECHT TO FORBES HOWARD

TEXT: Dear Congresswoman Fowler:

Thank you for your letter on behalf of your constituent, Mr. Dail Taylor of St. Augustine, Florida. Mr. Taylor requested assistance, stating that his company would have to stop manufacturing passenger motor vehicles if the vehicles must meet the Federal Motor Vehicle Safety Standards (FMVSSs). I appreciate the concerns of Mr. Taylor as a small businessman and offer the following information.

In order to protect motorists and their passengers, a Federal statute requires the National Highway Traffic Safety Administration to issue FMVSSs regulating motor vehicles and motor vehicle equipment. Mr. Taylor's company, Goodlife Motor Company, wrote to NHTSA asking whether their "super golf cars" were motor vehicles and therefore subject to the FMVSSs. NHTSA's Chief Counsel responded by letter that the answer was "yes".

We were informed that the "super golf cars" are intended for use on public roads. NHTSA has two criteria for determining whether a vehicle that regularly uses the public roads is considered to be a "motor vehicle." A vehicle is not a motor vehicle if it meets both of the following criteria: the vehicle has an abnormal configuration distinguishing it from other vehicles; and the vehicle cannot attain speeds over 20 miles per hour (mph).

The "super golf cars" do not meet either criterion. We have determined that because the vehicles resemble passenger cars, they do not have an abnormal configuration. As to speed, we note that the top speed of the vehicles, 29 mph, is approximately the speed at which NHTSA conducts crash tests to see whether vehicles meet certain safety standards. It is also a speed at which vehicle occupants can readily suffer serious or even fatal injuries in a crash. We note further that older adults are more susc eptible than younger adults to injury in motor vehicle crashes. This is particularly important since we understand that one of the primary expected uses of the "super golf car" is in retirement communities.

As motor vehicles, the "super golf cars" must meet the FMVSS. As the president of a small business, Mr. Taylor has a number of compliance options. First, he can comply with the current safety standards. I appreciate that the costs of compliance would be significant. Second, Mr. Taylor may petition NHTSA to initiate rulemaking to amend the current safety standards to accommodate any special compliance problems that a small car might experience. NHTSA has authority to establish different levels of re quirements for vehicles of different sizes. However, it lacks the authority to vary the stringency of requirements based on the size of a vehicle manufacturer.

Third, NHTSA has authority to grant temporary exemptions to small manufacturers. Mr. Taylor may petition for a temporary exemption from one or more of the safety standards. However, as we explained to Mr. Taylor, temporary exemptions are primarily grant ed as an interim measure to give small manufacturers a chance to come into compliance. Further, the exemptions are typically given for only a select number of the standards applicable to an exempted vehicle. Across-the-board exemptions from all standard s have not been granted.

Mr. Taylor may himself prepare and submit any petition. We have enclosed copies of our regulations regarding petitions for rulemaking and petitions for exemption. If Mr. Taylor has any questions or needs further information on how to proceed under any of the three options discussed above, we will gladly provide assistance. Please ask him to contact Taylor Vinson at (202) 366-2992.