Interpretation ID: nht93-1.32

DATE: 02/11/93

FROM: JOHN WOMACK -- ACTING CHIEF COUNSEL, NHTSA

TO: FRANK E. TIMMONS -- RUBBER MANUFACTURERS ASSOCIATION

COPYEE: UNDER SECRETARY -- KUWAIT MINISTRY OF COMMERCE

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 12-2-92 FROM FRANK E. TIMMONS TO PAUL JACKSON RICE (OCC 8088); ALSO ATTACHED TO LETTER DATED 11-13-92 FROM PAUL JACKSON RICE TO UNDER SECRETARY, KUWAIT MINISTRY OF COMMERCE AND INDUSTRY; ALSO ATTACHED TO LETTER (DATE ILLEGIBLE) FROM UNDER SECRETARY, KUWAIT MINISTRY OF COMMERCE AND INDUSTRY, TO PAUL J. RICE

TEXT: This responds to your letter about our November 1992 letter to the Under Secretary, Kuwait Ministry of Commerce. In that letter, NHTSA discussed Federal requirements for tires sold in the United States for passenger cars and other "motor vehicles." You wish to ensure that the Under Secretary understands that the term "motor vehicles" only refers to vehicles "manufactured primarily for use on highways."

We are glad to clarify the meaning of the term "motor vehicle." "Motor vehicle" is defined in @ 102(3) of 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, except any vehicle operated exclusively on a rail or rails." (Emphasis added.) Thus, a motor vehicle is a vehicle that the manufacturer expects will use public highways as part of its intended function.

This agency has issued many interpretations of what is and what is not a "motor vehicle." In general, vehicles that are equipped with tracks or are otherwise incapable of highway travel are not motor vehicles. Likewise, vehicles that are designed and sold solely for off-road use (e.g., airport runway vehicles and underground mining vehicles) are not motor vehicles even if operationally capable of highway travel. They manufacturer knew that a substantial proportion of its customers actually would use them on the highway.

Vehicles that use the public highways on a necessary and recurring basis are considered motor vehicles. Furthermore, even if the majority of a vehicle's use will be off-road but it will spend a substantial amount of time on-road, this agency has interpreted that to be a motor vehicle.

We appreciate your interest in this matter and will provide the Under Secretary with a copy of this letter. Please contact us if we can be of further assistance.