Interpretation ID: 1983-1.50

TYPE: INTERPRETATION-NHTSA

DATE: 05/04/83

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Boschung Company, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

MAY 4 1983 NOA-30

Mr. James E. Benson Sales Manager Boschung Company, Inc. 530 Armory Drive South Holland, Illinois 60473

Dear Mr. Benson:

This is in reply to your letter of March 23, 1983, asking whether a stop lamp is required on a Boschung vehicle which has a top speed of 16 mph. You also asked for a copy of the "Rules for Manufacturer Standard Specs."

The agency does not consider a vehicle, which cannot exceed 20 mph and has an abnormal configuration, to be a motor vehicle. These vehicles, typically, are highway maintenance and construction equipment, lane stripers, self-propelled pavers, sod handler, fork lift, and other similar vehicles. It would not appear, therefore, that the low-speed Boschung is a "motor vehicle." The question of whether it is required to have a stop lamp, therefore, is dependent upon the laws of the municipality in which it is operated.

I assume the "Rules" you wish are the Federal motor vehicle safety standards. You should write the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, enclosing a check for $8, and ask for "Title 49 Code of Federal Regulations Parts 400 to 999." The safety standards are at Part 571, and you will find all other regulations in the 500 series which apply to motor vehicles and their manufacturers.

If you have any further questions, we shall be happy to answer them.

Sincerely,

Frank Berndt Chief Counsel March 23, 1983

National Highway Traffic Safety Admin. U. S. Dept. of Transportation Legal Council (Mr. Taylor Vinson) Rm. 5219 400 7th Street Southwest Washington, D.C. 20590

Dear sir:

I would appreciate some information, regarding The Boschung vehicle, (literature enclosed). This unit is basically used off-road, however, at certain times it would be on the street. One that travels 16 mph does not have a stop light on it, but the faster vehicle (24 mph) does. My question is this, "Is a stop light required on the slower moving vehicle?"

I will also appreciate your sending me a copy of the "Rules for Manufacturer Standard Specs".

We look forward to hearing from you, regarding the stop light, and thank you, for your help.

Sincerely, BOSCHUNG COMPANY, INC.

James E. Benson Sales Manager

JEB/dd Enclosure