[Federal Register Volume 61, Number 118 (Tuesday, June 18, 1996)]
[Proposed Rules]
[Pages 30848-30850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15332]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 571 and 581
[Docket No. 96-65; Notice 1]
Federal Motor Vehicle Safety Standards Bumper Standard
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of public meetings; request for comments.
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SUMMARY: This document announces public meetings to be held in Palm
Desert, California, and Washington, DC, at which NHTSA will seek
information on the appropriate classification and safety regulations
for golf carts and other small, light-weight vehicles that are capable
of being driven on the public roads. This document also invites written
comments on these subjects.
DATES: The public meeting in Palm Desert, California, will be held on
Thursday, July 18, 1996, at 1:00 p.m. The public meeting in Washington,
DC, will be held at 9:00 a.m. on Thursday, July 25, 1996. An agenda for
each meeting will be made based on the number of persons wishing to
make oral presentations and will be available on the day of the
meeting. Those wishing to make oral presentations at each meeting
should contact Z. Taylor Vinson, at the address or telephone number
listed below, by the close of business July 11, 1996.
ADDRESSES: Public Meetings: The first public meeting will be held at
the City of Palm Desert Council Chambers, 73510 Fred Waring Drive, Palm
Desert, California. The second public meeting will be held at DOT
headquarters, Nassif Building, Room 6200, 400 Seventh Street, SW.,
Washington, D.C. Written Comments: Written comments may be submitted at
any time before or after the meetings, but not later than August 8,
1996. They should be sent to the Docket Section, National Highway
Traffic Safety Administration, Room 5109, 400 7th Street, SW.,
Washington, DC 20590, ATTN: Docket No. 96-65; Notice 1.
FOR FURTHER INFORMATION CONTACT: Z. Taylor Vinson, Office of Chief
Counsel, NHTSA, Room 5219, 400 7th Street, SW., Washington, DC 20590
(telephone 202-366-5263).
SUPPLEMENTARY INFORMATION:
I. Introduction
As discussed below in more detail, vehicles such as golf carts have
not been regulated by NHTSA because they were not being used on the
public roads. Even where a vehicle is being used on the roads, NHTSA
has not regulated it if it was configured differently from passenger
cars or light trucks, and if it had a top speed of 20 mph or less.
However, the agency has become aware that the use and design of some of
these vehicles are evolving in previously unanticipated ways. Although
golf carts have traditionally been limited in their operations to golf
courses, a number of states have taken legislative actions that permit
the use of golf carts on the public roads at speeds up to 25 mph. In
addition, there appears to be a growing interest worldwide in small
vehicles of somewhat unusual configurations that are capable of
exceeding 20 mph, and that are intended for on-road use as city or
commuter cars. While some new golf cart-like vehicles do not really
resemble very small passenger cars, neither do they resemble the
traditional golf cart.
The agency therefore deems it timely to review its historical
position in light of this evolving situation. To aid it in its review,
NHTSA has decided to hold two public meetings to receive the comments
of local elected and law enforcement officials, manufacturers,
individual citizens who use these vehicles, public interest groups, and
other interested persons on safety and regulatory issues affecting golf
carts and other light-weight limited-speed vehicles.
II. Legal Considerations
A. Federal Law
Title 49 U.S.C. Chapter 301 grants NHTSA regulatory authority over
``motor vehicles.'' All ``motor vehicles'' are subject to the Federal
motor vehicle safety standards promulgated by NHTSA pursuant to 49
U.S.C. 30111, and to the notification and remedy provisions of 49
U.S.C. 30118-30121. A ``motor vehicle'' is a vehicle ``manufactured
primarily for use on the public streets, roads, and highways'' (Sec.
30102(a)(6)). The agency's interpretations of this term have centered
around the meaning of the word ``primarily.'' The agency has generally
interpreted the term to mean that a significant portion of a vehicle's
use must be on the public roads in order for the vehicle to be
considered to be a motor vehicle.
NHTSA's principal interpretation of Sec. 30102(a)(6) dates from
1969, and addressed the status of mini-bikes. NHTSA said that the
capability of a vehicle to be operated on the public roads would be an
important criterion in determining whether it was a ``motor vehicle'',
but that test would not be reached if there is clear evidence as a
practical matter that the vehicle was not being used on the public
roads. In NHTSA's view, ``in the case of self-propelled riding mowers,
golf carts, and many other similar self-propelled vehicles, such clear
evidence exists.'' Thus, the agency declined to regulate golf carts.
Without such clear evidence, NHTSA said that it would initially
defer to the manufacturer's judgment that a vehicle was not a ``motor
vehicle'' unless ``a substantial portion of the consuming public'' was
operating the vehicle on the public roads. In borderline cases, NHTSA
set forth criteria it would employ in determining whether a particular
vehicle is a ``motor vehicle.'' Noting the comparative rarity of mini-
bike use on public streets, and that the registration of mini-bikes for
use on public streets was precluded by laws of most jurisdictions
unless they were equipped with Standard No. 108-type lighting devices,
NHTSA said it would not consider mini-bikes to be ``motor vehicles'' if
their manufacturers:
(1) Do not equip them with devices and accessories that render them
lawful for use and registration for use on public highways under state
and local laws;
(2) Do not otherwise participate or assist in making the vehicles
lawful for operation on public roads (as by
[[Page 30849]]
furnishing certificates of origin or other title document, unless those
documents contain a statement that the vehicle was not manufactured for
use on public streets, roads, or highways);
(3) Do not advertise or promote them as vehicles suitable for use
on public roads;
(4) Do not generally market them through retail dealers of motor
vehicles; and
(5) Affix to the mini-bikes a notice stating in substance that the
vehicles were not manufactured for use on public streets, roads, or
highways and warning operators against such use.
The agency's interpretations since 1969 have added new elements to
the mini-bike criteria for determining whether vehicles capable of on-
road use are ``motor vehicles.'' The most important exclude motorized
equipment that have ``abnormal'' configurations and a top speed of 20
miles per hour or less. As an example, NHTSA informed ``trans2
Corporation'' in 1994 that its ``low-speed electric vehicle'' intended
for use in residential communities, university campuses, and industrial
complexes was not a ``motor vehicle'' because it had a top speed of 20
mph and unusual body features that made it readily distinguishable from
``motor vehicles.'' These features included an oval-shaped passenger
compartment, taillamps built into headrests, and a configuration the
approximate size and height of a golf cart.
On the other hand, in 1995, NHTSA informed Goodlife Motors
Corporation that its ``super golf car'' was a motor vehicle because it
had a top speed of 29 mph and its configuration resembled that of a
prototype Volkswagen passenger car. NHTSA is aware that several
companies want to manufacture small commuter-type battery-powered
vehicles which they call ``Neighborhood Electric Vehicles'' (``NEV'')
whose configuration may or may not be abnormal, and whose top speed may
be as much as 35 mph. This type of vehicle, too, is a ``motor vehicle''
under NHTSA's existing interpretations. As such, it must comply with
all applicable Federal motor vehicle safety standards adopted by NHTSA.
Moreover, pursuant to 49 U.S.C. 30103(b)(1), states may not prescribe
any non-identical standards that are applicable to an aspect of
performance covered by the NHTSA standards.
B. State Laws
1. California
a. Definitions of ``motor vehicle'' and ``golf cart''
Since 1959, the California Vehicle Code (``CVC'') has defined a
motor vehicle as any ``vehicle which is self-propelled'' (CVC Sec.
415). California defines a golf cart as ``a motor vehicle having not
less than three wheels in contact with the ground, having an unladen
weight less than 1,300 pounds which is designed to be and is operated
at not more than 25 miles per hour and designed to carry golf equipment
and not more than two persons, including the driver'' (CVC Sec. 345).
b. 1994 Cal SB 2610 and 1995 Cal AB 110
In 1992, California amended its Streets and Highway Code (``CSHC'')
to establish a Golf Cart Transportation Pilot Program for the City of
Palm Desert (CSHC Secs. 1930-37). The 1992 law was replaced in 1994 by
SB 2610 which added Chapter 6, CHSC, to establish a ``Golf Cart
Transportation Plan'' applicable to Palm Desert and the City of
Roseville.
The 1994 provision, Chapter 6, was amended in 1995 by AB 110 to
apply to any city or county in California. Chapter 6 as amended by AB
110 allows local jurisdictions to establish a Golf Cart Transportation
Plan area in which golf carts are permitted to operate on ``golf cart
lanes'', defined as ``roadways . . . shared with pedestrians,
bicyclists, and other motorists in the plan area'' (CSHC 1951). Each
plan must include minimum design criteria for safety features on golf
carts. Only seat belts and covered passenger compartments are
specifically required, but other safety features mentioned in the law
that a plan ``may include'' are headlamps, turn signals, mirrors, stop
lamps, and windshields.
A plan under the California law must also include a permit process
for golf carts to ensure that they meet the minimum design criteria,
and minimum safety criteria for golf cart operators. At a minimum, an
operator must have a valid California driver's license and carry a
minimum amount of insurance.
In addition, the law requires Golf Cart Transportation Plans to
allow only carts equipped with the requisite safety equipment to be
operated on ``separated golf cart lanes'' identified in the Plan. Lane
striping on the pavement surface is apparently sufficient for a lane to
qualify as a ``separated golf cart lane.'' Even though these are
separated lanes, they are not ``dedicated'' ones. In addition to golf
carts operating at speeds up to 25 mph, ``other motorists'' (which
NHTSA assumes to be operators of conventional vehicular traffic such as
cars, trucks, and buses) may also operate at speeds up to 25 mph in
these lanes.
In summary, through its Vehicle Code and Streets and Highway Code,
California now has in place a regulatory scheme under which golf carts
may use ``separated'', limited-speed portions of the public roads at
speeds up to 25 mph when equipped with the safety features required by
local authorities. Thus, unless NHTSA modifies its existing
interpretation, golf carts or other vehicles designed for use in such
jurisdictions that are capable of operating at speeds above 20 mph are
``motor vehicles'', subject to the Federal motor vehicle safety
standards. Moreover, under 49 U.S.C. 30103(b), Federal standards would
preempt the local requirements referred to in the California statutes.
2. Legislation in Other States
In Arizona, Senate Bill 1298 was enacted in 1996. It permits NEVs
to be operated at speeds up to 25 mph on public roads with posted
speeds of not more than 35-mph. The law does not require either that
separated lanes be created or that the NEVs be operated in those lanes
only. Florida House Bill 1329, which has passed both Houses of the
Florida Legislature, would also permit increased use of golf carts on
public roads.
III. Expression of Support by State Officials and Others
NHTSA has received letters from several elected officials in
California asking the agency to support the concept of golf cart
transportation plans and the use of NEVs at speeds up to 25 mph on
public roads. The California officials who seek NHTSA's support for the
plans have represented that they have not identified any incidents
involving golf carts to justify safety concerns. NHTSA's public meeting
in Palm Desert will provide a forum for the expression of views by
local officials responsible for the implementation of golf cart
transportation plans and enforcement of traffic and safety laws, as
well as by citizens who use golf carts or NEVs pursuant to such plans.
The meeting will also allow officials from NHTSA and other interested
Federal agencies to examine at first hand the practical details of an
operating golf cart transportation plan, such as infrastructure
requirements and traffic flow.
[[Page 30850]]
IV. Market Forces
Another purpose for the public meetings will be for NHTSA to
achieve a better understanding of the market and the vehicles that may
emerge to serve the consumer preferences reflected in the legislative
developments in California, Arizona, and Florida.
At least one specialty manufacturer, Bombardier, Inc. (Bombardier)
has informed NHTSA that it would like to enter the market for a ``new
and growing segment of the transportation fleet: low-powered electric
vehicles.'' It has developed an NEV with a top speed of 25 mph for this
market, and believes that its vehicle
will provide a low cost, low speed, zero emissions mode of localized
transportation to meet the special needs of retirees, older
Americans and others living in gated communities for travel within
their community or for limited activities such as local golfing and
other recreation-related or short distance trips.
According to Bombardier, municipal governments endorse the concept
as a way of helping them meet Clean Air Act mandates for National
Ambient Air Quality Standards by eliminating the polluting effects of
short distance automobile trips.
Bombardier has asked NHTSA for an interpretation that the NEV it
wishes to manufacture and market in these communities is not a ``motor
vehicle'' for purposes of the Federal motor vehicle safety standards.
NHTSA will address this and other issues relating to the appropriate
regulatory treatment of golf carts and other small low-speed vehicles
after considering the oral presentations and comments made in response
to this notice.
V. Comments
It is in the context discussed above that NHTSA will reexamine its
current interpretation of ``motor vehicle'' to determine the reasonable
and appropriate treatment under Federal law of golf carts, NEVs, and
other low-speed vehicles. NHTSA invites interested persons to present
facts and legal arguments directed to the issues on which NHTSA seeks
information.
The agency seeks information on the following topics:
1. Current and anticipated state and municipal regulations,
including infrastructure requirements, relating to the use of public
roads by golf carts or NEVs at speeds between 20 and 35 mph.
2. The text of any existing or proposed state or local safety
standards applicable to golf carts, NEVs, and other low-speed vehicles.
3. The views of owners and users of golf carts, NEVs, and other
low-speed vehicles.
4. Any data relating to on-road safety of golf carts, NEVs, and
other low-speed vehicles.
5. The views of law enforcement, safety, and health officials
concerning the on-road use of golf carts, NEVs, or other low-speed at
various speeds.
6. The views of manufacturers of golf carts, NEVs, and other low-
speed vehicles as to the burdens of compliance with Federal motor
vehicle safety standards and other regulations.
7. The views of commenters as to safety and bumper standards that
would be reasonable, practicable, and appropriate for golf carts, NEVs,
and other low-speed vehicles.
8. The views of state and local officials as to Federal regulation
of golf carts, NEVs, and other low-speed vehicles.
9. The views of other affected associations, advocacy groups,
business entities, and individuals.
Written statements should be as specific as possible and provide
the best available supporting information. Suggestions should be
accompanied by a rationale for the suggested action and a forecast of
the expected consequences of that action.
VI. Procedural Matters
The agency intends to conduct the meetings informally so as to
allow for maximum participation by all who attend. Interested persons
may ask questions or provide comments during any period after a person
has completed his or her presentation if there is sufficient time
available, as determined by the presiding official. If time permits,
persons who did not ask prior to the meeting for an opportunity to
speak, but would like to make a statement, will be afforded an
opportunity to do so, at the discretion of the presiding official.
Those speaking at the public meeting should limit their
presentations to 20 minutes. If the presentation will include slides,
motion pictures, or other visual aids, please so inform the contact
person identified above so that the proper equipment may be made
available. Presenters are asked to submit at least one copy of their
presentation to the presiding official for inclusion in the public
record.
A schedule of participants making oral presentations will be
available in the designated meeting room before the beginning of the
meeting. NHTSA will place a copy of any written statement in Docket No.
96-65; Notice 1. The public may inspect the Docket for comments and
statements which may be received before or after the meeting. A
verbatim transcript of the meeting will be prepared and also placed in
the NHTSA docket as soon as possible after the meeting.
Attendance at the meeting is not a prerequisite for the submission
of written comments. NHTSA invites written comments from all interested
parties. It is requested but not required that 10 copies be submitted.
If a commenter wishes to submit certain information under a claim
of confidentiality, three copies of the complete submission, including
purportedly confidential business information, should be submitted to
the Chief Counsel, NHTSA, Room 5219, at the street address given above,
and copies from which the purportedly confidential information has been
deleted should be submitted to the Docket Section. A request for
confidentiality should be accompanied by a cover letter setting forth
the information specified in the agency's confidential business
information regulation (49 CFR Part 512.)
All comments received before the close of business on August 8,
1996, will be considered in formulating a decision on the issues
raised. After the closing date, NHTSA will continue to file relevant
comments and information in the docket as it becomes available. It is
therefore recommended that interested persons continue to examine the
docket for new material.
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
[Docket No. 96-65, No. 1]
Issued: June 12, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-15332 Filed 6-14-96; 9:42 am]
BILLING CODE 4910-59-P
