Interpretation ID: 20176.ztv

Ms. Debra Taylor
Vice President - Finance
Mercury GSE
135 Sheldon Street
El Segundo, CA 90245

Re: Classification of Airfield Bus as "Off Road" Vehicle

Dear Ms. Taylor:

We are replying to your letter of June 19, 1999. You have asked for confirmation that the Cobus 3000 is an "off road" vehicle, and "as such with which Federal and State specifications and regulations, if any we must comply with to legally sell our bus to Covington Airport in northern Kentucky."

The National Highway Traffic Safety Administration is authorized to regulate "motor vehicles." A "motor vehicle" is defined in pertinent part as a vehicle "manufactured primarily for use on the public streets, roads, and highways" (49 U.S.C. 30103(a)(6)).

You have enclosed a brochure on the Cobus 3000 and tell us that it is "built specifically for airfield use, to transport passengers between a remotely parked aircraft and the terminal or from terminal to terminal." The brochure identifies the Cobus 3000 as "the airport star" and depicts it in various applications around airfields.

We do not consider airfields to be "public roads," nor such service roads as may lead from terminal to terminal or from parking lots to terminals. Therefore, we do not consider the Cobus 3000 to be "manufactured primarily for use on the public roads," and a "motor vehicle" subject to our jurisdiction (we have no definition of an "off road" vehicle as such).

This means that there are no regulations or specifications of this agency that apply to the Cobus 3000. The Consumer Product Safety Commission (CPSC) has jurisdiction over vehicles that are not motor vehicles. We are unable to advise you whether the CPSChas issued regulations covering airport buses. I am sorry that we are also unable to advise you whether either Kentucky or the Covington airport authority has issued rules or regulations on airport buses.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:571
d.9/9/99