Interpretation ID: nht87-2.42

TYPE: INTERPRETATION-NHTSA

DATE: 07/09/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Roberto Troilo

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Roberto Troilo SIV 66050 San Salvo ITALY Telex 60028

Dear Mr. Troilo:

This responds to your phone conversation with Mr. Stephen Oesch of my staff concerning how regulations adopted by the National Highway Traffic Safety Administration and other Federal agencies affect glazing material used in motor vehicles. Specifically, you asked if a double-zoned tempered windscreen can be used in an off-road agricultural tractor, which has a top speed of 40 kilometers per hour. Based on the information you have provided us, it does not appear that our safety standards would apply at a ll to your vehicles, as explained below.

The motor vehicle safety standards apply only to vehicles that are "motor vehicles" within the meaning of the National Traffic and Motor Vehicle Safety Act(15 U.S.C. 1391). Section 102(3) of this Act defines a "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.

The agency has interpreted this language to exclude from the definition of motor vehicle any vehicle which is sold primarily for off-road use, even though it may use public roads incidentally to travel from one site to another. In addition, some vehicles are excepted from this classification despite their use on the highway. This includes vehicles which have a low maximum speed capability and whose unusual configuration distinguishes them from the traffic flow. Your vehicle appears to fit into these exe mpted categories, and from the information you have provided, it would appear that our safety standards do not apply to your vehicle.

For your further information, we also note that the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has regulations which may affect your vehicle. OSHA's standards for agriculture are contained in 29 CFR Part 1928. (CFR st ands for the Code of Federal Regulations, the annual publication of all Federal regulations of current applicability and legal effect.) While there is no provision concerning glazing requirements for agricultural vehicles, there are other requirements su ch as roll-over protective structures. We are forwarding a copy of OSHA's standards to you by mail.

I hope this information is useful. Please contact us again if you need further assistance.

Sincerely,

Erika Z. Jones Chief Counsel