Interpretation ID: aiam4272
Product Management
Parker Industries P. O. Box 337589
Omaha
NE 68137;
Dear Mr. Koehler: This is in reply to your letter of December 9, 1986, with respect t agricultural (grain) transportation vehicles which you manufacture, known in the industry as 'grain buggies.' You have asked whether there are any DOT lighting requirements for these vehicles, and if so, what are they and how might you meet them.; You have described the grain buggies as designed to be towed b agricultural tractors, with a top road speed of 25 to 30 mph. You have also told us that 'the primary use for these trailers will be 'off road' in nature,' although ' there are times when these units will be used on gravel roads and occasionally, highways.'; The requirements of Federal Motor Vehicle Safety Standard No. 10 *Lamps, Reflective Devices, an Associated Equipment apply to various categories of 'motor vehicles.' A 'motor vehicle' is defined as a vehicle driven or drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways. The manufacturer of a vehicle determines whether his product is a 'motor vehicle' and therefore a vehicle that must comply with all applicable Federal motor vehicle safety standards including Standard No. 108. The National Highway Traffic Safety Administration reserves the right to challenge any determination that appears clearly erroneous. On the basis of the information you have presented us, the grain buggies will be primarily used off the public roads, and use of the public roads will be only incidental (in our experience agricultural equipment uses public road for such limited purposes as crossing from one field to another, and delivery of produce to processing plants). Under these circumstances, we would not consider the grain buggies as 'motor vehicles,' and no Federal requirements would apply to them. They would, however, remain subject to any appropriate requirements of the State in which they are used.; I hope that this answers your questions. Sincerely, Erika Z. Jones, Chief Counsel