Interpretation ID: 19123.ztv

Mr. John Carlson
Legislative Liaison
Motor Vehicle Division
Arizona Department of Transportation
P.O. Box 2100
Phoenix, AZ 85001-2100

Dear Mr. Carlson:

We are replying to your letter of December 2, 1998, to Stephen R. Kratzke, Office of Crash Avoidance, NHTSA.

You write in reference to Arizona Revised Statute 28-5805, Motor vehicles powered by alternative fuels. For purposes of that section "'Motor vehicle' means a vehicle that meets the safety standards of the national highway traffic safety administration" (Sec. F.2, 28-5805). You ask "whether the new federal safety standards for golf carts and NEVs is sufficient to qualify these slower moving vehicles as a 'motor vehicle' under state law."

The definition of "motor vehicle" in ARS 28-5805 is broad enough to include any motor vehicle that is certified by its manufacturer as meeting NHTSA's Federal motor vehicle safety standards. This would include any 4-wheeled passenger carrying vehicle manufactured as a "low-speed vehicle" on or after June 17, 1998, equipped with a label certifying that it meets all applicable Federal motor vehicle safety standards (i.e., Standard No. 500), whether that vehicle is a neighborhood electric vehicle (NEV) or golf cart, if the vehicle's maximum speed, either originally or as modified, is more than 20 miles per hour but not more than 25 miles per hour.

If you have any questions, you may phone Taylor Vinson of this Office (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:500
d.12/22/98