Interpretation ID: nht88-2.59

TYPE: INTERPRETATION-NHTSA

DATE: 06/30/88

FROM: AUTHOR UNAVAILABLE; ERIKA Z. JONES; EAS-ASE

TO: IRVING GINGOLD, ATTORNEY AT LAW

TITLE: FMVSS INTERPRETATION

TEXT: Irving Gingold, Esq. 529 Nassau Road Roosevelt, NY 11575

Dear Mr. Gingold,

This is in response to your letter of April 27, 1988, asking whether any of the Federal motor vehicle safety standards apply to an airport baggage conveyor. The answer is no.

The National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act) 15 U.S.C. 1381 et seg.), authorizes this agency to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. Conversely, we have no authori ty to regulate vehicles that are not "motor vehicles" or equipment that is not "motor vehicle equipment." Section 102(3) of the Safety Act (IS U.S.C. 1391(3) I defines a motor vehicle as any vehicle driven or drawn by mechanical power manufactured primar ily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

Under this definition, any vehicle intended and sold solely for off-road use is not considered a motor vehicle under the Safety Act, even if it is operationally capable of highway travel. We have long offered "airport runway vehicles" as an example of ve hicles that are not motor vehicles, because they are sold solely for off-road use. NHTSA has specifically stated that an airport baggage trailer is not a motor vehicle, in a July 11, 1983 letter to D.F. Landers. Since the airport baggage conveyor to whic h you referred in your letter is not a "motor vehicle," none of our safety standards or other regulations would apply to the vehicle. We are not aware of any other Federal agency that has established safety standards applicable to airport baggage conveyo rs.

Sincerely,

Erika Z. Jones Chief Counsel

April 27, 1988

Federal Motor Vehicle Safety Standards U.S. Department of Transportation National Highway Traffic Safety Administration 400 Seventh Street S.W. Washington, D. C. 20590

Re: Jimmy Knight v. TWA et al My file #1422

Gentlemen:

I represent a client who was seriously injured while riding an airport baggage conveyor on October 9, 1984. I would appreciate it if you could forward to me any and all information pertaining to the safety standards that were applicable to conveyor type of vehicles as our client was operating.

Your cooperation would be appreciated.

Very truly yours,

IRVING GINGOLD

IG:pe