Interpretation ID: nht75-2.19

DATE: 09/19/75

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Champ Corporation

TITLE: FMVSS INTERPRETATION

TEXT: I am writing in response to your July 14, 1975, letter concerning the classification of your rough terrain fork lift trucks for the purposes of the Federal motor vehicle safety standards. A copy of our September 5, 1975, letter on this subject to Congressman Danielson is enclosed. We hope it clarifies the status of your products.

Yours truly,

ATTACH.

July 14, 1975

U. S. Department of Transportation -- National Highway Traffic Safety Administration;

Atten: Richard B. Dyson -- Assistant Chief Counsel

Re: D.O.T. 119 and 120

Dear Mr. Dyson:

Thank you for your answer to our letter of April 10. I was also pleased to be able to talk to Mr. Ted Herlhy in your absence last week.

We sincerely believe that the Champ lift truck should not be classified as a motor vehicle for purposes of these rulings because of the distinctive configuration and the intended use. Since it is necessary to incorporate automotive type transmissions into the Champ product to make it function as a tractor in rough terrain, these same components do permit the Champ to operate at speeds in excess of 20 MPH. These speeds would be reached if the Champ were driven down the highway in fourth gear. However, this is both impractical and possibly dangerous. The Champ is not intended to be driven on the public streets or highways. It is, however, intended to be towed occasionally from work site to work site. In these cases, the Champ is equipped with towing brakes; stop, tail and turn lights; and mud flaps.

The Champ models which would use off the road tires are designed for either construction work or agriculture. As such, their performance is limited to off the road functions. Such periods of operation may vary from weeks to months to permanent assignments.

In 28 years of manufacturing and selling Champs, we find no records of an upset caused by a blown off the road drive tire. While being towed empty it carries approximately 1/3 of its rated tire loading. Twelve and fourteen-ply tires are used for added safety.

To rule out the use of off the road tires in our construction models would eliminate the production of the major portion of our business. Such a blow would be disastrous.

Should you feel we could better present our case if we were to visit your office, we would be most happy to do so.

Please contact us if you would like additional information.

Sincerely, CHAMP CORPORATION; Mike M. Simovich -- President

(Brochure Omitted)