Interpretation ID: Senator Collins2

The Honorable Susan M. Collins

United States Senate

Washington, DC 20510

Dear Senator Collins:

This responds to the letter from your office regarding the National Highway Traffic Safety Administrations (NHTSAs) interpretation of the term motor vehicle for the purposes of the National Traffic and Motor Vehicle Safety Act (Safety Act) and, in particular, the application of this interpretation to certain very small trucks, including Japanese mini Kei trucks, imported by B&M Mini Trucks and Tractors LLC, of Madawaska, Maine. Your offices letter says that any changes to NHTSAs interpretation of what is a motor vehicle could substantially impact this company, which has relied on this guidance in its business. Accordingly, your office enclosed a letter from Mr. Harvey B. Fox further detailing these concerns.

The question of whether certain non-traditional vehicles, such as the Kei trucks at issue, are motor vehicles for the purposes of the Safety Act, and therefore subject to regulation under its provisions, is currently before NHTSA in the form of several letters requesting interpretive guidance on whether various non-traditional vehicles fall within this definition. NHTSAs legal interpretations are written with the intent to clarify the meaning of the statutes and regulations it administers. In making an interpretation, NHTSA seeks above all to promote vehicle safety, after due consideration of all relevant factors, including the impact of alternative interpretations. Changes in the marketplace and in the motor vehicle population, however, may cause an established agency position to become inconsistent with achieving the goal of protecting drivers, their passengers, and other roadway users. As such, refinements to our guidance is periodically indicated to consider and address new or emerging trends or developments in transportation.

The agency has not made any decision yet to seek a change in its existing interpretation of motor vehicle, as that term might relate to certain non-traditional vehicles such as very small trucks. If we decide to consider a change, we would follow our common process for the consideration of significant changes to established interpretations - we would publish a draft new interpretation in the Federal Register, solicit public comment, and then publish a notice setting forth our final conclusions.

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The Honorable Susan M. Collins

I hope this explanation responds to the concerns of you constituent. Please let me know if I can be of any further assistance.

Sincerely yours,

Anthony M. Cooke

Chief Counsel

cc: Phillip R. Bosse

ref:VSA

d.12/18/06