Interpretation ID: nht88-2.2
TYPE: INTERPRETATION-NHTSA
DATE: 04/19/88
FROM: HIROSHI KATO -- MMC SERVICES, INC
TO: ERIKA JONES, -- NHTSA CHIEF COUNSEL
TITLE: NONE
ATTACHMT: ATTACHED TO LETTER DATED 10/31/88 FROM ERIKA Z JONES TO HIROSHI KATO; REDBOOK A32, VSA 102
TEXT: Dear Ms. Jones:
As was discussed in a meeting held on March 14, 1988 with Mr. S. Kratzke of your office, we are requesting an interpretation as to whether Mitsubishi Motors Corporation's (MMC) lightweight industrial truck to be introduced for sale in the U.S. by its aut horized distributor, Mitsubishi Motor Sales of America, Inc. (MMSA), should be classified as a motor vehicle under 15 USC 1391(3) and Section 102(3) of the National Traffic and Motor Vehicle Safety Act.
The following provides a general description of MMC's lightweight industrial truck, hereafter referred to as SH27:
Purpose: General or carrier work for off-road applications such as factories, warehouses, dock areas, transportation terminals, golf course, and park settings.
Basic Specifications:
Engine: 548 cc, 3-cylinder
GVW: 2303-3196 lbs.
Length: 125.8 inches
Width: 54.9-59.8 inches
Height: 70.9-73.0 inches
Two-Wheel Drive Models:
* Full cab with doors or side bars
* Full cab with doors or side bars and with tilt-bed
* Flo-Thru (TM) model (full cab with side bars and without windshield or rear window)
Four-Wheel Drive Models:
* Full cab with doors or side bars * Full cab with doors and tilt-bed
Enclosed is a photograph showing the full cab version of the SH27.
The following information characterizes the SH27 under the criteria your agency has used to determine whether a vehicle should be designated a motor vehicle as described in your September 25, 1987 response to Mr. J. Niemela of Ranger International.
1. Whether States or foreign countries have permitted or are likely to permit the vehicle to be registered for on-road use.
Some configurations of the SH27 can be registered for on-road use in several foreign countries including Japan, Taiwan, Cyprus, Bangladesh, Sri Lanka and the Phillipines. However, the U.S. specification SH27 is different in several material aspects from these "general export" vehicles.
The primary differences are 1) the maximum speed of the U.S. SH27 is approximately 25 mph as opposed to a speed of greater than 55 mph for general export vehicles, 2) the engine displacement of the U.S. SH27 is 548 cc as compared to 796 and 783 cc for general export, and 3) the U.S. SH27 uses an hourmeter, similar to agricultural vehicles, in place of a speedometer.
Based on the specification differences between the SH27 and the general export vehicles and the differences in the safety regulations and registration practices of the foreign countries where these general export vehicles can be registered, we believe there is little basis for assuming that foreign registration of the SH27 correlates to the likelihood of U.S. State registration.
2. Whether the vehicle is or will be advertised for use on-road as well as off-road, or whether it is or will be advertised exclusively for off-road use.
MMSA will ensure that advertising and promotional materials will state that the SH27 should be used
for off-road purposes only and will not depict or suggest that the vehicle can be used on-road.
3. Will the vehicle's manufacturer or dealers assist vehicle purchasers in obtaining certificates of origin or title documents to register the vehicle for on-road use?
Dealer personnel will be instructed by MMSA that the SH27 is to be used solely for off-road purposes and that no assistance should be given to obtain a title for the vehicle or to register the vehicle in the U.S.. Neither MMSA or Mitsubishi Motors Co rporation will be providing any similar assistance.
MMSA also desires to state on the face of any ownership documents (as permitted by applicable law) that the SH27 is not intended for on-road use.
4. Will the vehicle be sold by dealers also selling vehicles that are classified as motor vehicles?
Only dealerships engaged in the sale of non-motor vehicles, such as material handling equipment; (i.e. for lifts, and agricultural equipment) will be authorized by MMSA to sell the SH27.
5. Will the vehicle have a warning label affixed which states that the vehicle is not intended for use on public roads?
There will be four warning labels affixed to the interior and exterior of the body. Labels stating "Off Road Use Only" will be applied to the exterior front panel of the cab, the rear gate, and the instrument panel. Additionally, a label worded "War ning: Off Road Use Only" will be affixed to the exterior rear panel of the cab.
Based on this information, we believe that the SH27 should clearly not be designated a motor vehicle within the meaning
of 15 USC 1391(3). We would appreciate your expedited confirmation of our interpretation.
If you have any questions, please call D. Bakker of my staff at (313) 353-5444.
ENCLOSURE