ID: 17691.wkm

Mr. Fred Peltz
Peltz Manufacturing, Inc.
217 West Street
Post Office Box 301
St. Martin, MN 56376

Dear Mr. Peltz:

This responds to your letter of March 26, 1998, to this office and refers to your telephone conversation with Walter Myers of my staff on April 7, 1998. You stated that your company manufactures recycling equipment and you inquired whether the antilock brake system (ABS) requirements of Federal Motor Vehicle Safety Standard (Standard) No. 121, Air brake systems (49 Code of Federal Regulations 571.121) applies to such equipment. You attached a promotional brochure depicting your equipment which you have named Rotochopper. As discussed below, your Rotochopper would not be considered a motor vehicle and would therefore not be subject to the Federal motor vehicle safety standards (FMVSS).

You stated that you contract with a company to manufacture axles for your recycling equipment. That company has stated that it can no longer supply such axles without being equipped with ABS unless you have a letter from this agency stating that you are excluded from such requirement. You stated that these axles are installed on your recycling equipment as a base and as a mode of transporting the equipment from your factory to the customer and occasionally from job site to job site. The equipment is designed to spend extended periods of time at off-road job sites and is not intended to be moved around on public highways.

Chapter 301 of Title 49, U. S. Code , which is the National Highway Traffic Safety Administration's authority to establish FMVSSs, defines "motor vehicle" as:

[A] vehicle driven or drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

49 U.S. Code 30102(a)(6).

In analyzing the information you provided, including the brochure, it is our opinion that your Rotochopper is not a motor vehicle within the statutory definition. It is primarily designed to be used off-road and although capable of being transported on-road from the factory to the customer and occasionally thereafter from one job site to another, its on-road use is only incidental and not the primary purpose for which the equipment was manufactured. This is in contrast to instances in which vehicles such as dump trucks frequently use the public roads and highways going to and from off-road job sites, but stay there for only a limited time. Such vehicles are considered motor vehicles for purposes of the Safety Act, since their on-road use is more than "incidental."

In summary, your Rotochopper, not meeting the statutory definition of a "motor vehicle," is not required to comply with the FMVSSs, and in particular, the ABS requirements of Standard No. 121.

I hope this information is helpful to you. Should you have any further questions or need additional information, feel free to contact Mr. Myers at this address or at (202) 366-2992, fax (202) 366-3820.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:121#VSA
d.7/23/98

ID: 9891-2

Mr. Fred Benford
100+ Motoring Accessories
2220 East Orangewood Avenue
Anaheim, CA 92806-61100

Dear Mr. Benford:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 211, Wheel nuts, wheel discs and hub caps. You wrote that your company manufactures aluminum wheel covers without "protruding objects." You requested confirmation that the wheel covers do not violate any FMVSS. Our response is provided below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles, or of motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act (Safety Act), it is the responsibility of the manufacturers of motor vehicle equipment to ensure that its equipment meet applicable requirements. The following represents our opinion based on the facts provided in your letter.

Standard No. 211 regulates wheel nuts, wheel discs, and hub caps. Since "wheel discs" encompasses wheel covers, your company's wheel covers are subject to Standard No. 211. S4. Requirements of Standard No. 211 states in part:

As installed on any physically compatible combination of axle and wheel rim, wheel nuts, wheel discs, and hub caps for use on passenger cars and multipurpose passenger vehicles shall not incorporate winged projections ...

In your letter, you stated that your wheel covers do not have any "protruding objects." Since Standard No. 211 prohibits wheel discs (covers) with "winged projections," if your company's wheel covers do not incorporate "winged projections," the wheel covers would satisfy Standard No. 211. "Winged projection" is defined at S3.2 of Standard No. 211 as an exposed cantilevered appendage that projects radially from a wheel disc and that typically has front, edge, and/or rear surfaces which are not in contact with the wheel when the wheel disc is installed on the axle.

You also asked whether wheel covers made of aluminum violate any FMVSS. The answer is no, because Standard No. 211 does not specify materials for use in wheel covers. However, since wheel covers are "motor vehicle equipment," your company must ensure that the wheel covers are free of safety-related defects under the Safety Act. Sections 151-159 of the Safety Act concern the recall and remedy of products with defects related to motor vehicle safety. In the event that your company or NHTSA determines that the wheel covers have a safety-related defect, your company would be responsible for notifying purchasers of the defective wheel covers and remedying the problem free of charge.

I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:211 NCC20:DNakama:mar:62992:apr/22/94;OCC#9891 cc: NCC-20 Subj/chron, DN NEF-01, NRM-01 [U:\NCC20\INTERP\211\9891.DRN] Interps: Std. No. 211, Redbook (2)

ID: nht94-2.87

TYPE: INTERPRETATION-NHTSA

DATE: May 16, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Fred Benford -- 100+ Motoring Accessories

TITLE: None

ATTACHMT: Attached To Letter Dated 4/18/94 From Fred Benford To John womack (OCC-9891)

TEXT: Dear Mr. Benford:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 211, Wheel nuts, wheel discs and hub caps. You wrote that your company manufactures aluminum wheel covers without "protruding objects." You requested confirmation that the wheel covers do not violate any FMVSS. Our response is provided below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles, or of motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act (Safety Act), it is the res ponsibility of the manufacturers of motor vehicle equipment to ensure that its equipment meet applicable requirements. The following represents our opinion based on the facts provided in your letter.

Standard No. 211 regulates wheel nuts, wheel discs, and hub caps. Since "wheel discs" encompasses wheel covers, your company's wheel covers are subject to Standard No. 211. S4. Requirements of Standard No. 211 states in part:

As installed on any physically compatible combination of axle and wheel rim, wheel nuts, wheel discs, and hub caps for use on passenger cars and multipurpose passenger vehicles shall not incorporate winged projections . . .

In your letter, you stated that your wheel covers do not have any "protruding objects." Since Standard No. 211 prohibits wheel discs (covers) with "winged projections," if your company's wheel covers do not incorporate "winged projections," the wheel cov ers would satisfy Standard No. 211. "Winged projection" is defined at S3.2 of Standard No. 211 as an exposed cantilevered appendage that projects radially from a wheel disc and that typically has front, edge, and/or rear surfaces which are not in contac t with the wheel when the wheel disc is installed on the axle.

2

You also asked whether wheel covers made of aluminum violate any FMVSS. The answer is no, because Standard No. 211 does not specify materials for use in wheel covers. However, since wheel covers are "motor vehicle equipment," your company must ensure t hat the wheel covers are free of safety-related defects under the Safety Act. Sections 151-159 of the Safety Act concern the recall and remedy of products with defects related to motor vehicle safety. In the event that your company or NHTSA determines that the wheel covers have a safety-related defect, your company would be responsible for notifying purchasers of the defective wheel covers and remedying the problem free of charge.

I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

ID: 8517a

Mr. Lawrence Hufstedler
Mr. Raymond Kesler
Kesler Research Enterprises, LTD.
5508 Cahuenga Boulevard
North Hollywood, CA 91601

Dear Messrs. Hufstedler and Kesler:

This responds to your letter inquiring about the field-of-view requirements in Federal Motor Vehicle Safety Standard No. 111, Rearview Mirrors (49 CFR 571.111; copy enclosed) applicable to what you refer to as "passenger vehicles" weighing under 10,000 pounds. You requested a written interpretation explaining the Standard's requirements in situations where such vehicles have a left side and an interior mirror that comply with the field-of-view requirement. In particular, you wanted confirmation that in such situations a manufacturer may equip a vehicle's passenger side with any supplemental mirror or no mirror at all. You also asked whether the vehicle owner may equip a vehicle in this manner.

I am pleased to have this opportunity to explain our regulations to you. Along with a copy of Standard No. 111, I am enclosing the final rule that states the agency's decision to permit the use of convex mirrors on the exterior passenger side of passenger cars. (47 FR 38698, September 2, 1982). This notice explains the agency's regulations applicable to such convex mirrors in various situations.

By way of background, NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue Federal motor vehicle safety standards (FMVSS's) that set performance requirements for new motor vehicles and new items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with the FMVSS's. Instead, under the Safety Act, each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards.

NHTSA issued Standard No. 111 to establish performance requirements for mirrors installed in each new vehicle. Section S5 of Standard No. 111 specifies the requirements applicable to mirrors installed on passenger cars. S5 requires that passenger cars be equipped with an inside rearview mirror of unit magnification and a driver's side outside rearview mirror of unit magnification that provide the field-of-view specified in S5.1.1. If the inside rearview mirror meets the field-of-view requirements of S5.1.1, then a mirror on the passenger side is not required. Please be aware that in such a situation a manufacturer could voluntarily install any type of exterior passenger side mirror, which the agency would permit as a supplemental mirror.

If the inside rearview mirror of a passenger car does not meet the field-of-view requirements of S5.1.1, then a mirror of unit magnification or a convex mirror must be installed on the passenger side. If a convex mirror is installed on the passenger side to meet the field-of-view requirements, then that convex mirror must meet certain additional requirements that are set forth in section S5.4. These additional requirements address the convex mirror's permissible radius of curvature and an informational message that must be marked onto the mirror.

Section S6 specifies the requirements applicable to mirrors installed on multipurpose passenger vehicles (MPV's), trucks, and buses other than school buses, with a GVWR of 10,000 pounds or less. Such vehicles would comply with the standard if they are equipped with mirrors that conform to the requirements (expressed in the previous two paragraphs) that are applicable to passenger cars. Alternatively, MPV's, trucks and buses would comply with the standard if they are equipped with outside mirrors of unit magnification, each with not less than 19.5 square inches of reflective surface, on both sides of the vehicle.

Please note that the requirements of Standard No. 111 apply to new, completed vehicles and do not apply to mirrors installed as aftermarket equipment. The only limitation on aftermarket installations is set forth in section 108(a)(2)(A) of the Safety Act, which prohibits any manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable safety standard. The rearview mirror system in a vehicle is a device installed in compliance with an applicable safety standard. If the installation of an aftermarket mirror system resulted in a vehicle no longer complying with Standard No. 111, a manufacturer, distributor, dealer, or motor vehicle repair business performing the work would have rendered inoperative a device (i.e., the mirror system) installed in the vehicle in compliance with Standard No. 111, in violation of 108(a)(2)(A).

In addition to the foregoing, you should be aware that manufacturers of motor vehicle equipment, such as vehicle mirrors, are subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. If you or NHTSA determines that a safety defect exists, you must notify purchasers of your product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which the mirror is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer that fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $1,000 per violation.

Please note that the Safety Act does not establish any limitations on an individual vehicle owner's ability to alter his or her own vehicle. Under Federal law, individual vehicle owners can install any mirror system they want on their own vehicles, regardless of whether that mirror system renders inoperative the vehicle's compliance with the requirements of Standard No. 111. However, NHTSA encourages vehicle owners not to tamper with vehicle safety equipment if the modification would degrade the safety of the vehicle.

I hope this information is helpful. Please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information.

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:111#VSA d:4/27/93

ID: 10060

Mrs. Carmen Colet
Vice President
John Russo Industrial, Inc.
575 West San Carlos Street
San Jose, CA 95126

Dear Mrs. Colet:

This responds to your request for an interpretation whether Standard No. 115, Vehicle identification number - basic requirements or any other Federal Motor Vehicle Safety Standard (FMVSS) applies to your "aircraft rescue and fire-fighting vehicle." As explained below, the answer is no.

Your letter states that your company is constructing the vehicle "to satisfy proposed U.S.A.F. and D.O.D." specifications. The vehicle is made to operate on airfields. You described the unusual configuration of the vehicle as having a "cockpit" that is "similar to 117A Stealth Fighter," having bumpers that are 5 feet high, and having a "power water turret on top." You further stated that vehicle uses tires 54 inches high and over two feet wide, that are made to be run on only for 20 minutes, at a speed of up to 65 miles per hour.

Enclosed with your letter is a picture of the vehicle, which you asked be kept confidential. Although your request for confidentiality does not comply with NHTSA's regulations at 49 CFR part 512 Confidential Business Information, in order to save time, I will not publicly disclose the picture.

The FMVSSs apply only to "motor vehicles," within the meaning of 49 U.S.C. '30102(a)(6). "Motor vehicle" is defined at section 30102(a)(6) as:

a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

We have interpreted this language to mean that vehicles designed and sold solely for off-road use are not considered motor vehicles, even though they may be operationally capable of highway travel. In an interpretation letter of

December 28, 1979, to Walter Motor Truck Company, NHTSA determined that the Walter airport crash-fire-rescue vehicle does not qualify as a motor vehicle subject to the FMVSS. Your description of your aircraft rescue vehicle indicates that the vehicle is to be used only within an airfield. In particular, the size and 20 minute running time of the tires, appears to make the vehicle impracticable for highway use.

Based on the information you have provided, and our understanding that your vehicles are neither used on public roads nor suitable for such use, we conclude that the "aircraft rescue and fire-fighting vehicle" is not a "motor vehicle" within the meaning of the National Traffic and Motor Vehicle Safety Act. Thus, your vehicle is not subject to Standard No. 115. Since you are not a manufacturer of a "motor vehicle," you do not have to furnish NHTSA with information pursuant to 49 CFR part 566 Manufacturer Identification. Enclosed with this letter is your picture of the aircraft rescue and fire-fighting vehicle. If you have any questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:VSA d:7/11/94

ID: 006307drn

The Honorable Sue Myrick
U.S. House of Representatives
319 South Street, Suite B
Gastonia, NC 29052

Dear Representative Myrick:

Thank you for your letter of August 15, 2003, requesting information on behalf of your constituent, Mr. Keith Smith, of the First United Methodist Church in Gastonia. Mr. Smith is concerned about the 15-passenger vans used by the church and wishes to know if there is a "government policy" that 15-passenger vans "will be considered unsafe unless the last 2 back seats are removed from the van." As explained below, neither the National Highway Traffic Safety Administration (NHTSA) nor any other Federal agency has found 15-passenger vans to be "unsafe," regardless of whether seats are removed from the vans.

By way of background, NHTSA is authorized to issue and enforce Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles. Our statute at 49 U.S.C. '30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable FMVSSs. By NHTSAs definition, 15-passenger vans are "buses" - motor vehicles "with motive power, except a trailer, designed for carrying more than 10 persons." Thus, all 15-passenger vans must meet NHTSAs FMVSSs applicable to buses.

Although the vehicles are not considered "unsafe," the way some 15-passenger vans may be driven may subject occupants to an increased risk of rollover crashes. On April 15, 2002, NHTSA Administrator Jeffrey W. Runge, M.D., reissued a cautionary warning to 15-passenger van users because of an increased rollover risk under certain conditions. NHTSA research has shown that 15-passenger vans have a rollover risk that increases dramatically as the number of occupants increases from fewer than five to more than ten. In fact, 15-passenger vans (with 10 or more occupants) had a rollover rate in single vehicle crashes that is nearly three times the rate of those that were lightly loaded.

Dr. Runge advised 15-passenger van users to be aware of the following safety precautions in order to significantly reduce the rollover risk:

• It is important that 15-passenger vans be operated by trained, experienced drivers.

• All occupants must wear seat belts at all times. Eighty percent of those who died in 15-passenger van rollovers nationwide in the year 2000 were not buckled up. Wearing seat belts dramatically increases the chances of survival during a rollover crash. In fatal, single-vehicle rollovers involving 15-passenger vans over the past decade, 92 percent of belted occupants survived.

I am enclosing copies of the consumer advisory, a NHTSA study on "The Rollover Propensity of Fifteen-Passenger Vans," and a flyer, "Reducing the Risk of Rollover Crashes in 15-Passenger Vans."

Because the Federal motor vehicle safety standards apply only to manufacturers and sellers of new motor vehicles, we do not regulate how a church must transport its congregation. However, each State has the authority to set its own standards regarding the use of motor vehicles, including 15-passenger vans. For this reason, North Carolina law should be consulted to see if there are regulations about how children or adult members of a church must be transported.

I hope this information is helpful. If you or Mr. Smith have any further questions about 15-passenger vans safety or about NHTSA's programs, please feel free to contact me at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:VSA
d.9/10/03

ID: 13969.wkm

Mr. Glen L. Bobst
2910 North St. Helena Highway
St. Helena, CA 94574

Dear Mr. Bobst:

Please pardon the delay in responding to your letter to

Mr. Stuart Seigel of this agency requesting DOT approval for your wheel safety rim. Your letter and enclosed drawings describe a metal belt that fits inside the wheel well so that "a driver can, after a blowout, continue to drive to a rest stop or service station and not be stranded on a lonely stretch of road."

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable FMVSSs. NHTSA neither tests, approves, disapproves, endorses, nor grants clearances for products prior to their introduction into the retail market. The agency enforces compliance with the standards by randomly purchasing motor vehicles and equipment and testing them for compliance with applicable standards. NHTSA also investigates safety-related defects. If a vehicle or item of equipment is found not to comply with applicable standards or is found to have a safety defect, the manufacturer is responsible for remedying the noncompliance or defect at no charge to the customer.

Turning now to the wheel safety rim, NHTSA would classify it as an item of motor vehicle equipment, defined in 49 U.S. Code (U.S.C.), 30102(a)(7)(B) as any "part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle." Specifically, the wheel safety rim is an accessory if it meets the following criteria:

1. A substantial portion of its expected uses are related to the operation or maintenance of motor vehicles; and
2. It is purchased or otherwise acquired, and principally used, by ordinary users of motor vehicles.

After reviewing your letter and its enclosed illustrations, we conclude that the wheel safety rim is an accessory. It was designed with the expectation that a substantial portion of its expected use will be in motor vehicles. Even its name indicates its intended purpose. Secondly, the illustrations make it clear that the wheel safety rim is intended to be purchased and principally used by ordinary users of motor vehicles since its stated purpose is to enable motorists experiencing tire failure to continue driving until a safe place can be found to change the tire.

While the wheel safety rim is a motor vehicle accessory, NHTSA has not issued any FMVSSs establishing performance standards applicable to this product. However, the manufacturer, whether you or a licensee, is subject to the requirements of 49 U.S.C. 30118 - 30121 (copies enclosed)which set forth the recall and remedy procedures for products with defects related to motor vehicle safety. As noted earlier, in the event that the manufacturer or NHTSA determines that the product contains a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge.

I hope this information is helpful to you. Should you have any further questions or need any additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
ref:VSA
d:7/24/97

ID: 20117.nhf

Mr. Richard Lefebvre
President
Canadian Kingpin Specialists Ltd.
P.O. Box 74, Blezard Valley
Ontario Canada P0M 1E0

Dear Mr. Lefebvre:

This responds to your letter asking whether there are any National Highway Traffic Safety Administration (NHTSA) regulations that apply to the re-manufacture of kingpins or upper couplers. I apologize for the delay in our response. You ask about the male part of the connection that holds a tractor and semitrailer together.

By way of background information, NHTSA has the authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. We have a self-certification system under which motor vehicle and equipment manufacturers certify that their products comply with all applicable standards. For that reason, NHTSA neither approves, disapproves, endorses, nor grants letters of approval of products. We enforce compliance with the standards by purchasing new vehicles and equipment when they have been offered for sale to consumers and testing the products to our standards' requirements. Vehicles and equipment must also be free of safety-related defects. If a vehicle or item of equipment does not comply with our standards or has a safety-related defect, the manufacturer of the product has the responsibility of recalling the product and remedying the problem free of charge.

Turning now to your question about kingpins and upper couplers, NHTSA has not issued any standard applicable to these items of motor vehicle equipment. However, the products are subject to our authority to investigate safety-related defects. If NHTSA or a manufacturer determines that the product contains a safety defect, the manufacturer would have to notify purchasers of the defective equipment and remedy the problem free of charge.

Our statute at 49 U.S.C. 30122 (copy enclosed) provides that a manufacturer, distributor, dealer, or vehicle repair business may not knowingly "make inoperative" any device or element of design installed on or in a motor vehicle in accordance with any FMVSS. Therefore, your product could not be installed by one of the parties listed in 30122 if the installation would adversely affect the compliance of a device or element of design installed pursuant to an FMVSS. This provision does not apply to modifications made to a vehicle by its owner.

I note that the Department's Federal Motor Carrier Safety Administration has jurisdiction over interstate motor carriers operating in the U.S. You should contact that office at (202) 366-4012, for information about any requirements that may apply to your product. In addition, states have the authority to regulate the use and licensing of vehicles operating within their jurisdictions. You should therefore check with the Department of Motor Vehicles in any state in which the equipment will be sold or used.

For your further information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful. If you have any questions or need additional information, feel free to contact us at (202) 366-2992.

Sincerely,

Frank Seales, Jr.
Chief Counsel
Enclosures
ref:VSA
d.3/7/2000

ID: nht94-3.64

TYPE: INTERPRETATION-NHTSA

DATE: July 11, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Carmen Colet -- Vice President, John Russo Industrial, Inc.

TITLE: NONE

ATTACHMT: Attached to letter dated 5/24/94 from Carmen Colet to Dorothy Nakama (OCC-10060)

TEXT: This responds to your request for an interpretation whether Standard No. 115, Vehicle identification number - basic requirements or any other Federal Motor Vehicle Safety Standard (FMVSS) applies to your "aircraft rescue and fire-fighting vehicle." As ex plained below, the answer is no.

Your letter states that your company is constructing the vehicle "to satisfy proposed U.S.A.F. and D.O.D." specifications. The vehicle is made to operate on airfields. You described the unusual configuration of the vehicle as having a "cockpit" that is "similar to 117A Stealth Fighter," having bumpers that are 5 feet high, and having a "power water turret on top." You further stated that vehicle uses tires 54 inches high and over two feet wide, that are made to be run on only for 20 minutes, at a spee d of up to 65 miles per hour.

Enclosed with your letter is a picture of the vehicle, which you asked be kept confidential. Although your request for confidentiality does not comply with NHTSA's regulations at 49 CFR part 512 Confidential Business Information, in order to save time, I will not publicly disclose the picture.

The FMVSSs apply only to "motor vehicles," within the meaning of 49 U.S.C. @ 30102 (a)(6). "Motor vehicle" is defined at section 30102(a)(6) as:

a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

We have interpreted this language to mean that vehicles designed and sold solely for off-road use are not considered motor vehicles, even though they may be operationally capable of highway travel. In an interpretation letter of

2

December 28, 1979, to Walter Motor Truck Company, NHTSA determined that the Walter airport crash-fire-rescue vehicle does not qualify as a motor vehicle subject to the FMVSS. Your description of your aircraft rescue vehicle indicates that the vehicle is to be used only within an airfield. In particular, the size and 20 minute running time of the tires, appears to make the vehicle impracticable for highway use.

Based on the information you have provided, and our understanding that your vehicles are neither used on public roads nor suitable for such use, we conclude that the "aircraft rescue and fire-fighting vehicle" is not a "motor vehicle" within the meaning of the National Traffic and Motor Vehicle Safety Act. Thus, your vehicle is not subject to Standard No. 115. Since you are not a manufacturer of a "motor vehicle," you do not have to furnish NHTSA with information pursuant to 49 CFR part 566 Manufactur er Identification.

Enclosed with this letter is your picture of the aircraft rescue and fire-fighting vehicle. If you have any questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

Enclosure

ID: Supreme_intl

Ms. Melissa A. Burt
Foley & Lardner, LLP
3000 K Street, NW, Suite 500
Washington, DC 20007-5143

Dear Ms. Burt:

This responds to your letter on behalf of your client, Supreme International Limited (Supreme). Supreme manufactures a Truck Mount Feed Processor, which is a livestock feed mixer mounted on a truck. You ask if the product is a "motor vehicle" subject to regulation by this agency. As explained below, our answer is yes.

You state that the Truck Mount Feed Processor is sold exclusively through farm equipment dealers and is not advertised for on-road use. You state that most of these vehicles never leave a farm after retail purchase, and that the vehicles travel on public roads on rare occasions for the purpose of transiting between farm locations or to obtain grain from a commodity barn. However, you also state that purchasers of these vehicles can obtain a certificate of title to permit registration and licensing under State motor vehicle laws.

Chapter 301 of Title 49 of the U.S. Code ("the Safety Act") authorizes the National Highway Traffic Safety Administration (NHTSA) to establish Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles. Section 30102(a)(6) of that chapter defines "motor vehicle" as:

[A] vehicle driven or drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

We have issued a number of letters addressing this language. We have stated that vehicles equipped with tracks, agricultural equipment, and other vehicles incapable of highway travel are not motor vehicles. We have also determined that certain vehicles designed and sold solely for off-road use (e.g. , airport runway vehicles and underground mining vehicles) are not motor vehicles, even if they may be operationally capable of

highway travel. Also, vehicles are not motor vehicles if they were designed to be used primarily at off-road job sites and, although capable of being operated on public roads from one job site to another, their on-road use is only incidental to the primary purpose for which they were manufactured (e.g. , mobile cranes).

We would consider the feed mixer to be a "motor vehicle" for the purposes of our FMVSSs and regulations. The Truck Mount Feed Processors on-road use would be more than incidental. An incomplete motor vehicle (i.e. , a chassis cab) is used in its manufacture and, as you state, Supreme completes the vehicle in accordance with the incomplete vehicle document supplied by the chassis-cab manufacturer and can certify the vehicle as complying with the FMVSSs. No part of the manufacturing process alters the chassis cab such that its final configuration is limited to off-road use. You state that the vehicles may travel on public roads when traveling between farm locations or to obtain grain from a commodity barn. You also state that purchasers of these vehicles can obtain a certificate of title to permit registration and licensing as motor vehicles under State laws. Given these factors, we conclude that the vehicles are motor vehicles for purposes of the Safety Act.

If you have any additional questions, please contact Mr. Chris Calamita of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:567
d.1/12/05