ID: 1982-3.15

TYPE: INTERPRETATION-NHTSA

DATE: 10/28/82

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Department of Transportation; State of Hawaii

TITLE: FMVSS INTERPRETATION

ATTACHMT: ATTACHED TO LETTER DATED 04/13/89 FROM ERIKA Z. JONES -- NHTSA TO MABEL Y. BULLOCK, REDBOOK A33, STANDARD 205, VSA 103 (D), VSA SECTION 108 (A) (2) (A); LETTER FROM MABLE Y. BULLOCK AND LACY H. THORNBBURG TO SUSAN SCHRUTH -- NHTSA RE WINDOW TINTING, FEDERAL PRE-EMPTION OF STATE REGULATIONS, OCC 2142; NORTH CAROLINA STATUTE REGULATING WINDOW TINTING; LETTER DATED 12/18/87 FROM LACY H. THRONBURG AND MABEL Y. BULLOCK, SUBJECT MOTOR VEHICLES REGULATIONS OF DARK SHADED WINDOWS; PREEMPTION; LETTER DATED 05/06/88 FROM DAIRL BRAGG TO WILLIAM S. HIATT; LETTER DATED 04/04/85 FROM JEFFREY R. MILLER TO ARMOND CARDARELLI; REGULATIONS DATED 07/01/85 EST, FEDERAL AUTO SAFETY LAWS AND MOTOR VEHICLE WINDOW TINTING

TEXT:

Mr. Lawrence T. Hirohata Vehicle Equipment Safety Specialist Department of Transportation State of Hawaii 79 South Himitz Highway Honolulu, Hawaii 96813

Dear Mr. Hirohata:

This responds to your recent letter asking whether persons who apply tinted films to motor vehicle glazing would be considered motor vehicle distributors, dealers or repair businesses and thus be prohibited by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act from rendering inoperative components that have been installed on vehicles pursuant to Federal Motor Vehicle Safety Standards.

The answer to your question is yes. The persons you described fall within classes of persons listed in section 108(a)(2)(A) and the application of tinted film to motor vehicle glazing can constitute "rendering inoperative." Section 108(a)(2)(A) of the Safety Act provides that:

"No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard,.... For purposes of this paragraph, the term "motor vehicle repair business" means any person who holds himself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation."

Without knowing more about the film appliers you described, we find it difficult to determine the number of classes into which they would fall. However, the film-appliers are clearly considered to be dealers. This conclusion is based on the definitions of "motor vehicle equipment" (section 102(4)), and "dealer" (section 102(7)). The tinted film is an item of motor vehicle equipment since it is an "accessory, or addition to the motor vehicle." Therefore, any person who sells the tinted film primarily to persons, typically vehicle owners, for purposes other than resale is a dealer. The status of such a person does not change because he or she also applies the film to motor vehicle glazing.

The film appliers you described may also be motor vehicle repair businesses. You stated that the film appliers argue that they are not repair businesses. Implicit in their argument is a narrow interpretation of the term "repair." We don't believe that such an interpretation was intended by Congress since it would frustrate Congress' stated purpose in attempting to ensure that safety equipment remains operative over the life of the vehicle. The only type of person mentioned in the legislative history as being permitted to render safety equipment inoperative is the owner of the Vehicle on which the safety equipment is installed. In addition, we believe that the references in the history to service, maintenance and replacement further suggest that a narrow interpretation was not intended.

The agency has consistently stated in its past letters of interpretation that the installation of tinted films on vehicle glazing constitutes rendering inoperative if the installation destroys the glazing's compliance with the light transmittance requirements of Safety Standard No. 205. The legislative history of section 108(a)(2)(A) provides that "render inoperative" includes permanent removal, disconnection or degradation of the safety performance of any element or design of a vehicle (Conference Report). Therefore, the activity described in your letter definitely falls within the scope of section 108(a)(2)(A).

In conclusion, it is the agency's opinion that businesses which are installing tinted films on motor vehicles and thereby destroying the glazing's compliance with the light transmittance requirements of Safety Standard No. 205 are in violation of section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act. As such, the businesses are liable for civil penalties up to $1,000 for each violation.

Our Office of Enforcement is currently investigating the practice of applying tinted film to motor vehicle glazing. Accordingly, we have forwarded a copy of your letter and the advertisement to that office for its action.

Sincerely,

Original Signed By Frank Berndt Chief Counsel

Mr. Frank Berndt Chief Counsel Office of the Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D. C. 20590

Attention: Mr. Hugh Oates

Dear Mr. Berndt:

This is to reiterate my telephone request of August 5, 1982 relating to the federal interpretation of the phrase "motor vehicle repair business" as used in the National Traffic and Motor Vehicle Safety Act of 1966 (the Act).

In Hawaii, there are numerous businesses engaged in the trade of applying film or liquid tinting materials to motor vehicle window glass for a fee. All window glass, including those required for driver visibility, are tinted to a shade where under normal sunny condition the occupants or objects inside the vehicle cannot be readily visible from outside the vehicle. The minimum 70% luminous transmittance required for driving visibility as recommended in the American National Standard (ANS) Z26.1 and referenced by the Federal Motor Vehicle Safety Standard (FMVSS) 205 are being rendered inoperative by these businesses.

We believe these businesses may be in violation of the Act. However, the operators of these businesses contend that they are not in the motor vehicle repair business because they do not repair anything mechanical. They perform only superficial facelifting of vehicle exterior.

In your opinion, would you consider these businesses as a motor vehicle repair business within the scope of the Act? Can these businesses also be considered as a distributor or dealer of "motor vehicle equipment" as defined in Section 102(4), (6) and (7) of the Act?

Enclosed is a typical advertisement offering a special for auto glass tinting by a business here in Honolulu. This ad appeared in the August 13th issue of a weekly classified ad.

We would appreciate any legal opinion or assistance you can share with us to effectuate a solution to this monstrous problem.

Thank you for your cooperation.

Sincerely,

LAWRENCE T. HIROHATA Vehicle Equipment Safety Specialist

ID: 1985-04.1

TYPE: INTERPRETATION-NHTSA

DATE: 10/21/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: W.S. Deason -- Development Manager, IMI Norgren Enots Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. W.S. Deason Development Manager IMI Norgren Enots Ltd. Enots Works, P.O. Box 22, Eastern Avenue Lichfield, Staffordshire WS 13 6SB ENGLAND

This responds to your June 14, 1985 letter to the National Highway Traffic Safety Administration (NHTSA), Office of Vehicle Safety Standards, regarding Federal Motor Vehicle Safety Standard No. 106, Brake Hoses. Your letter has been referred to my office for reply.

You asked about "DOT Certification" of your air brake hose and fitting assemblies. Our agency does not certify or approve in advance motor vehicles or motor vehicle equipment. Instead, under tne National Traffic and Motor Vehicle Safety Act of 1966 (copy enclosed), each manufacturer of motor vehicles or motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. This "self-certification" process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. This determination can be made by product testing. The tests in Standard No. 106 are performance requirements that your products must meet when tested by the agency for compliance.

The data forming the basis for your certification is retained by you, and does not have to be submitted to NHTSA for approval. Our agency investigates safety-related defects and noncompliances with safety standards in motor vehicles and items of motor vehicle equipment. If a question should arise as to the compliance of your product with NHTSA requirements, you will be requested to produce records to show how you determined compliance. If you or the agency determines that a safety-related defect or noncompliance exists, you are obligated to notify purchasers of your product and remedy the problem without charge.

Paragraph S4 of Standard No. 106 defines "brake hose" as:

a flexible conduit, other than a vacuum tubing connector, manufactured for use in a brake system to transmit or contain the fluid pressure or vacuum used to apply force to a vehicle's brakes.

We wish to emphasize that the definition of "brake hose" includes flexible conduits manufactured out of nylon tubing that transmit or contain the pressure or vacuum used to apply force to a vehicle's brakes. To be sold in the United States, your brake hose assemblies consisting of nylon tubing and "push-in" type tube fittings must be certified as meeting all applicable requirements of Standard No. 106.

Under Standard No. 106, certification is accomplished when you mark one component of each of your reusable fittings with the "DOT" symbol, pursuant to paragraph S7.2.2. The DOT symbol is your representation that your products were manufactured in compliance with applicable Federal motor vehicle safety standards. You are also required by the standard to mark your products with a designation, identifying you as the manufacturer, that is filed in writing with the Office of Vehicle Safety Standards. The designation is intended to identify the manufacturer or assembler of brake hoses in the event of a safety-related defect or noncompliance necessitated recall.

You asked whether there are standard forms for manufacturers to register their designation. The answer is no. Standard No. 106 describes the procedures for designation registration. NHTSA will accept any designation consisting of letters, numerals, or a symbol, or a combination of these. If your chosen designation has not been selected previously by another manufacturer, it is accepted and recorded by NHTSA.

I am enclosing copies of two procedural rules which apply to all manufacturers subject to the regulations of this agency. The first is 49 CFR Part 566, Manufacturer Identification. This rule requires your company to submit your name, address, and a brief description of the items of equipment you manufacture to the agency within 30 days after you import your products into the United States.

The other rule is 49 CFR Part 551, Procedural Rules. Subpart D of this regulation requires all manufacturers headquartered outside of tne United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to the Chief Counsel, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590, and must include the following information:

1. A certification that the designation of agent is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;

2. The full legal name, principal place of business and mailing address of the manufacturer;

3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name; 4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;

5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm or a U.S. corporation; and

6. The full legal name and address of the designated agent.

In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.

In addition to the copies of the materials described above, I have also enclosed a copy of Standard No. 106 with amendments to the standard. You will also find an information sheet describing Federal statutes and regulations affecting manufacturers of motor vehicle equipment, and information on how you can obtain copies of NHTSA's standards and regulations.

I hope this information is of assistance to you. Sincerely, Jeffrey R. Miller Chief Counsel Enclosures

Office of Vehicle Safety Standards Crash Avoidance Division National Highway Traffic Safety Administration 400 Seventh Street, SW WASHINGTON DC 20590 United States of America

Gentlemen,

We are a UK based Company manufacturing pneumatic components, many of which are finding application on UK and European commercial vehicles.

In particular we manufacture a range of push-in type tube fittings, for use with SAE J 844 nylon tubing, and these are now becoming widely used for commercial vehicle pneumatic systems, including braking, by UK manufacturers. We should now like to widen our potential market for these fittings by fulfilling the requirements for Department of Transport Certification. We have confirmed by testing that tube and fitting assemblies, comprising our fittings and J 844 type nylon tubing, meet the requirements of FMVSS-106.

Could you please advise us whether this is sufficient for meeting the DOT Certification requirements and whether you have any standard forms for manufacturers to register details of their official designation?

We thank you in advance for your help in this matter. Yours faithfully for IMI NORGREN ENOTS LIMITED W S DEASON Development Manager

ID: 2793o

Mr. Ward W. Reeser
Project Engineer
Electrical Systems
Caterpillar Tractor Co.
100 N. E. Adams St.
Peoria, Illinois 61629

Dear Mr. Reeser:

I am writing in response to your December 4, 1987 letter in which you described Caterpillar Inc.'s worldwide program to review lighting used on Caterpillar product lines in order to standardize the devices. You specifically asked if any of Caterpillar's lighting devices were covered by Federal Motor Vehicle Safety Standard (FMVSS) 108. You enclosed descriptive literature on the Caterpillar product line. I regret the delay in responding to your question.

It must be noted at the outset that the National Highway Traffic Safety Administration (NHTSA) issues safety standards for "motor vehicles." Therefore, Standard 108 and all of our other regulations apply to a vehicle and its manufacturer only if the vehicle qualifies as a "motor vehicle" under the provisions of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.). Section 102(3) of the Act defines "motor vehicle" as:

any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

We have interpreted this language as follows. Vehicles that are equipped with tracks or are otherwise incapable of highway travel are plainly not motor vehicles. Agricultural equipment, such as tractors, are not motor vehicles because Congress clearly did not intend to include them in its coverage. Further, vehicles designed and sold solely for off-road use (e.g., Airport runway vehicles and underground mining vehicles) are not considered motor vehicles, even though they may be operationally capable of highway travel.

On the other hand, vehicles that use the public highways on a necessary and recurring basis are motor vehicles. For instance, utility vehicles like the Jeep are plainly motor vehicles, even though they are equipped with special features to permit off-road operation. If a vehicle's greatest use will be off-road, but it will spend a substantial amount of time on-road, NHTSA has interpreted the vehicle to be a "motor vehicle." Further, if a vehicle is readily usable on the public roads and is in fact used on the public roads by a substantial number of owners, NHTSA has found the vehicle to be a motor vehicle. This finding was made with respect to dune buggies and regardless of the manufacturer's stated intent regarding the terrain on which the vehicles were to be operated.

As noted above, this agency has consistently interpreted "motor vehicle" to exclude vehicles that are equipped with tracks or are otherwise incapable of highway travel. Therefore, the track-type tractors, excavators, track-type loaders, tracked pavement profilers PR-450, PR-750B and PR-1000, concrete slipform pavers & auxiliary equipment, finegraders, front shovels, swing machines, tracked skidders D4H and D5H are not considered to be "motor vehicles."

In your letter, you described the Caterpillar line of construction and industrial equipment as basically for off-highway use: "There are occasional uses on the highway for such equipment as motor graders, but obviously none of this equipment is designed for normal highway use or for the transportation of people." Despite their use of the highway, some vehicles are excepted from the motor vehicle classification. Highway maintenance and construction equipment, lane stripers, self-propelled asphalt pavers, and other vehicles whose maximum speed does not exceed 20 miles per hour and whose abnormal configuration distinguishes them from the traffic flow are not considered "motor vehicles."

Although many items in the Caterpillar product line have an abnormal configuration that readily distinguishes them from other vehicles, the product literature enclosed with your letter did not provide sufficient information on the maximum speed capabilities or intended uses (i.e., strictly off highway or occasional on-highway use) of the motor graders, off-highway tractors, articulated dump trucks, wheel tractors, compactors, landfill compactors, wheel loaders, integrated toolcarriers, backhoe loaders, pavement profilers PR-75, PR-105 and PR-275, asphalt pavers & auxiliary equipment, compaction equipment, skidders, pipelayers, scrapers, and off-highway trucks to enable me to make a determination whether these would be considered "motor vehicles." However, I believe that the guidelines for classifying vehicles that are set forth above will allow you to determine if these are "motor vehicles." If they are, they must comply with safety standards, including Standard 108, applicable to trucks.

The lighting devices and other features of "motor vehicles" would be required to comply with the FMVSS (49 CFR Part 571). As you are aware, Standard No. 108; Lamps, reflective devices, and associated equipment (49 CFR 571.108) specifies requirements for original and replacement lamps, reflective devices, and associated equipment necessary for signaling and for the safe operation of motor vehicles during darkness and other conditions of reduced visibility.

Finally, the product literature included several items which did not appear to be self-propelling, including the asphalt drum mixers, aggregate bins, and compaction equipment items TSF-54 and TSM-54. These products fall within NHTSA's jurisdiction if they are "trailers" as that term is defined at 49 CFR 571.3. That section defines "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle."

Based on the depiction in the brochure, the equipment appear to be designed for carrying property (drum mixers, aggregate bins, and compaction equipment) and for being drawn by another vehicle. Therefore, whether the equipment are trailers depends on whether they are "motor vehicles" within the meaning of the Safety Act and on whether the vehicles the equipment are designed to be drawn by are "motor vehicles."

Specific information has not been provided about the intended uses of the equipment. If they make frequent use of the highways, and stay at one particular job site for a limited amount of time, the items mentioned above would be motor vehicles, and would fall within the definition of "trailers." Trailers are subject to Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. If, on the other hand, the equipment are intended to be drawn by vehicles that are not motor vehicles, or the equipment stays at a job site for extended periods of time and it travels on the highways only to move to another job site for an extended stay, the equipment would not be considered motor vehicles.

It is important to note that NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse commercial products. Instead, the National Traffic and Motor Vehicle Safety Act establishes a "self certification" process under which each manufacturer is required to certify that its products meet all applicable safety standards. The National Traffic and Motor Vehicle Safety Act prohibits the manufacture or sale of a noncomplying product.

I hope the information provided above will be useful to you and to Caterpillar, Inc. If there are any further questions or if you need further information, please do not hesitate to write to me.

Sincerely,

Erika Z. Jones Chief Counsel

ref:VSA d:8/8/88

ID: 1982-2.17

DATE: 06/30/82

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Jeff Wimer

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your phone request of June 11, 1982, concerning Federal motor vehicle safety standards that apply to motorcycle sidecars sold as aftermarket motor vehicle equipment.

While there are no "sidecar" standards, certain of the items of equipment that may be found in sidecars are covered by Federal equipment safety standards. Specifically, brake hoses, lighting equipment, tires, rims, and glazing materials (if provided) would have to comply with Standards Nos. 106, 108, 119, 120 and 205. I have enclosed an information sheet explaining how you can obtain copies of the agency's safety standards.

Because a sidecar itself is an item of motor vehicle equipment, the manufacturer of any sidecar sold in the aftermarket would be responsible for notification and remedy in the event the product was determined to contain a safety-related defect.

If you have any further questions, please let me know.

ENC.

ID: 1983-1.30

TYPE: INTERPRETATION-NHTSA

DATE: 03/21/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Chromalloy -- Jack Fazio, Quality Assurance Manager, Safetee Glass Division

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Jack Fazio Quality Assurance Manager Safetee Glass Division Chromalloy 250 King Manor Drive King of Prussia, PA 19406

Dear Mr. Fazio:

This responds to your recent letter asking whether it is necessary for your company to obtain a new glazing DOT number when it transfers production of some of its safety glazing materials to a new plant location.

It is necessary for you to obtain a new DOT number since the status of your company is not changing. You indicate that this change only represents a move of production operation from one facility to another. We will note your additional address on our records and nothing further is required.

Sincerely,

Original Signed By Frank Berndt Chief Counsel

ID: nht76-2.28

DATE: 10/08/76

FROM: AUTHOR UNAVAILABLE; S. P. Wood for F. Berndt; NHTSA

TO: American Honda Motor Co., Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of September 23, 1976, asking for an interpretation of the spacing requirements for motorcycle turn signal lamps specified in Table IV of Motor Vehicle Safety Standard No. 108.

Standard No. 108 requires that motorcycle turn signal lamps be located so that their edges are at least 4 inches from the edge of the headlamps (on the front) and tail or stop lamps (on the rear). You have asked for confirmation "that the minimum separation distance is measured between the edges of the illuminated lenses of the respective lamps on a line passing through each lamp . . . rather than being measured on a horizontal line between two planes touching the edges of the illuminated lenses".

This will confirm your interpretation that the minimum separation distance is to be measured at the point where the edges of the two lamps are closest to each other.

ID: nht90-4.52

TYPE: Interpretation-NHTSA

DATE: November 1, 1990

FROM: Mitch L. Williams -- President, Hella Inc.

TO: Richard Van Iderstine -- Office of Vehicle Safety Standards

TITLE: Re Proposed new product from Hella

ATTACHMT: Attached to letter dated 11-8-90 from Mitch L. Williams to Richard Van Iderstine; Also attached to letter dated 12-24-90 from Paul Jackson Rice to Mitch L. Williams (A37; FMVSS 108)

TEXT:

Hella is considering introducing a new product which could have certain safety implications. We are considering introducing a range of rear spoilers with integrated third rear brake lights. Obviously, for vehicles which are not equipped originally with third rear brake lights, this would upgrade them to current safety standards.

Our question is from a regulatory viewpoint, how would NHTSA view the addition of a rear spoiler with integrated third rear brake light to a vehicle already originally equipped with a third rear brake light? Could you be so kind as to give us an opinion on this matter?

Thank you for your assistance in this matter.

ID: nht89-2.36

TYPE: INTERPRETATION-NHTSA

DATE: 07/19/89

FROM: THEO BOSE -- WEBASTO HEATER INC

TO: FEDERAL HIGHWAY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 05/31/90 FROM STEPHEN P. WOOD -- NHTSA TO THEO BOSE -- WEBASTER HEATER INC, A35, STD 301

TEXT: We are a improter and distributor of diesel fuel burning coolant heaters and air heaters for automotive applications.

These units are often installed in busses or trucks to preheat the engine and/or provide supplementary heat to busses and school busses etc.

We are often asked by OEM's to certify the unit as required under the above mentioned paragraph or to FMVSS 301-75.

Fuel intergrity and safety are of high importance to us and we would like your comments about this subject to be able to furnish the proper documentation to our customer clientele.

I have enclosed one typical installation manual for your review. Your earliest response is appreciated. Contact me if you have any questions.

encl: DBW 2020 manual

ID: 77-1.29

TYPE: INTERPRETATION-NHTSA

DATE: 02/22/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: General Motors Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to General Motors Corporation's February 2, 1977; request for confirmation that the impact protection requirements contained in S3.1 of Standard No. 201, Occupant Protection in Interior Impact, apply only to the area of the instrument panel that falls within a defined zone and does not apply to other objects installed near the instrument panel, such as the control handle of a spotlight mounted in the right-side windshield pillar, that also fall within the specified zone.

The impact protection requirements of the standard apply only to the instrument panel itself in S3.1. This section references a Society of Automotive Engineers recommended Practice J921 which specifies that the instrument panel assembly be removed from the vehicle for testing. Thus, the presence of objects in the specified impact zone within the vehicle must be disregarded for purposes of judging compliance of the vehicle with the requirement itself.

SINCER

ID: nht80-3.34

DATE: 08/06/80

FROM: F. Berndt; NHTSA

TO: British Standards Institution

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of June 24, 1980, regarding Safety Standard No. 205, Glazing Materials. It is your impression that the standard specified different AS numbers for glazing in vehicles depending on whether the vehicle is capable of exceeding speeds of 20 mph. You inquired whether such a speed capability distinction applies to "off-highway" vehicles such as a 180 degree backhoe/loader is not a motor vehicle, the standard is inapplicable. Our last letter to you, dated April 10, 1980, explained which vehicles are included under the definition of motor vehicles.

Although the vehicle's speed capability has no bearing on what type glazing is required, it may be a factor in determining the applicability of our standards. As stated in our last letter, vehicles incapable of attaining speeds in excess of 20 mph and whose configuration distinguishes them from the traffic flow are not considered motor vehicles and are thus outside of our statutory authority.