Interpretation ID: 1985-01.44

TYPE: INTERPRETATION-NHTSA

DATE: 03/06/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Philip Yale Simons, Esq. -- Freeman, Wasserman and Schneider

TITLE: FMVSS INTERPRETATION

TEXT:

Philip Yale Simons, Esq. Freeman, Wasserman & Schneider 90 John Street New York, New York 10038

I am responding to your January 24, 1985, request for confirmation that the Hagglunds Bv 206 is not subject to Federal motor vehicle safety standards and regulations. As you describe the Bv 206, it is an all-terrain vehicle consisting of front and rear cabs, which travels on rubber tracks. You further state that the vehicle is neither designed nor intended for use on public streets, roads, and highways.

The safety standards and regulations that the National Highway Traffic Safety Administration issues are applicable only to "motor vehicles." Section 102(3) of the National Traffic and Motor Vehicle Safety Act of 1966 defines "motor vehicle" as "any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways." Based on your description and the specification sheets you enclosed, the Bv 206 does not appear to be suitable for use on public roads. It therefore is not considered a "motor vehicle" and is not subject to our safety regulations.

Sincerely,

Jeffrey R. Miller Chief Counsel

January 24, 1985

Attention: Frank Berndt, Chief Counsel Subject: Ruling Request: All-Terrain Vehicle

Dear Mr. Berndt:

This letter is submitted on behalf of our client, ASEA Hagglunds Inc., The Woodlands, Texas ("Hagglunds"), and constitutes a request for a ruling to exclude Hagglunds Bv 206 all-terrain vehicles from the requirements of the National Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. S1381 et. seq., hereinafter the "Act"). Hagglunds purchases the all-terrain vehicles from its Swedish manufacturer and imports them into the United States.

For the reasons stated below, we respectfully submit that the vehicles in question are not "motor vehicles" within the meaning of Section 102(3) of the Act (15 U.S.C. S1391(3)), and are, therefore, exempt from the requirements of the Act.

I. DESCRIPTION OF THE VEHICLE

The Hagglunds all-terrain vehicle is designed specifically for off the street and off the highway use. The Bv 206 vehicle is designed to traverse rocky surfaces, snow-covered surfaces, forests, mountains and similar harsh or "adverse" terrain over which "ordinary" vehicles cannot travel. The vehicle is comprised of front and rear cabs which are joined by an articulated steering unit. The front cab is powered by a 125 horsepower diesel engine. The back cab does not contain a motor and is mechanically linked to the front cab.

The all-terrain carrier travels on tracks of molded rubber which enhance the mobility and load bearing ability of the Bv 206 in two significant ways. First, the broad (620 millimeters) rubber tracks provide a low ground contact pressure (1.7 pounds/square inch) which allows the Bv 206 to maneuver over snow-covered surfaces, marshlands and other soft terrain, without sinking. Secondly, the molded rubber tracks are designed to grip the surface to enhance the carrier's hill climbing ability. (The attached brochure provides a description of the vehicles and technical data pertaining to them.)

The Hagglunds Bv 206 all-terrain vehicle is utilized for a variety of applications, all of which involve off-road uses: forestry, transmission line installation, construction work at remote sites, forest firefighting, rescue and relief work, and crew transport to remote sites. In fact, Hagglunds has, in the past, sold all-terrain vehicles to United States purchasers for use in geophysical exploration, in national parks, for the construction of the Alaskan pipeline, and ski operations. The United States government has also purchased Hagglunds vehicles for military use.

No ordinary motor vehicle can operate over the terrains that the Hagglunds Bv 206 is designed to traverse. It is clear that the Bv 206 is not designed, nor is it suitable for operation on public streets, roads, and highways.

II. APPLICABLE LAW AND REGULATIONS

Section 12.80 of the Customs Regulations (19 C.F.R. S12.80) provides that motor vehicles manufactured on or after January 1, 1968 which are offered for entry into the United States Customs territory shall be denied entry under the importer or consignee files documents which indicate that the vehicles conform to the requirements of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. SS1392, 1407), and set forth in Part 571 of the Department of Transportation ("DOT") Regulations (49 C.F.R. Part 571).

National Highway Traffic Safety Administration Department of Transportation January 24, 1985 Page 6

vehicle has a maximum speed of 60 kilometers/hour and the Bv 206 has a maximum speed oF 50 kilometers/hour; (ii) the CROCO vehicle and the Bv 206 are used for the same civil uses (e.g. construction, forestry, ambulance duty, etc.); (iii) both vehicles have been purchased for military use; and (iv) both vehicles are amphibious.

In addition, the Bv 206 has several unique features which render its use on streets or highways more "impractical" or "unlikely" than the CROCO vehicles. The Bv 206 travels on tracks whereas the CROCO vehicle is equipped with tires. Also, the CROCO vehicle is comprised of a single unit whereas the Bv 206 consists of two sections. If the NHTSA considers a vehicle with tires and a single cab not to be a "motor vehicle", then it is obvious that a substantially similar vehicle which has tracked road contact means and is comprised of two sections is also not a "motor vehicle."

Another NHTSA ruling also indicates that the Bv 206 is not a "motor vehicle" within the meaning of the Act. In a ruling dated March 25, 1982, the NHTSA held that a "motor vehicle" is a vehicle that is (i) readily usable on public roads and (ii) is in fact used on the public roads by a substantial number of the vehicle owners. The Bv 206 is not designed for use on public

5 Letter to Leonard A. Fink dated March 25, 1982.

roads nor is it is fact used for such purposes. The Bv 206 is not a "motor vehicle" as set forth in the March 25, 1982 ruling because: (i) it does not have the power (its maximum speed is approximately 50 kilometers/hour) and maneuverability (it consists of two cars) to make it effective under virtually any highway condition, (ii) it is advertised specifically for offroad use, (iii) the vehicle's manufacturer does not assist and will not assist vehicle purchasers in obtaining certificates of origin or title documents, and (iv) it is not marketed by dealers also selling vehicles which are indisputably classified as motor vehicles.

Accordingly, the Bv 206 is not a "motor vehicle" because the manufacturer did not intend the vehicle to be used on the public highway part of the time and the manufacturer has no reason to expect the vehicle will be used in that way.

C. Legislative History

The legislative history of the National Traffic and Motor Vehicle Safety Act of 1966 clearly indicates that a vehicle such as the Hagglunds Bv 206 was not the type of vehicle targeted by the legislation. In Senate Report No. 1301 the Commerce Committee stated that the subject legislation is an attempt to stem the soaring rate of death in our country's

6 Pub. L. No. 89-563, 80 Stat. 71. (1966).

National Highway Traffic Safety Administration Department of Transportation January 24, 1985 Page 8

highways.7 The legislation is not intended for off-road vehicles, especially those which are intended for use in the backwoods. Accordingly, the Bv 206 is not a "motor vehicle" within the meaning of the Act.

IV. CONCLUSION

We respectfully request that the NHTSA issue a ruling which excludes the all-terrain vehicles imported by Hagglunds from the requirements of the National Traffic and Motor Vehicle Safety Act.

Should you contemplate issuing a ruling which is adverse to our position, we request the opportunity to discuss the matter with you prior to any final action.

We appreciate your cooperation in expediting this matter.

Very truly yours,

Philip Yale Simons

PYS/JJR/hcu Enclosure

[Brochure Omitted]