[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]
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