[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR85.1703]

[Page 564]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES--Table of Contents
 
 Subpart R--Exclusion and Exemption of Motor Vehicles and Motor Vehicle 
                                 Engines
 
Sec. 85.1703  Application of section 216(2).

    (a) For the purpose of determining the applicability of section 
216(2), a vehicle which is self-propelled and capable of transporting a 
person or persons or any material or any permanently or temporarily 
affixed apparatus shall be deemed a motor vehicle, unless any one or 
more of the criteria set forth below are met, in which case the vehicle 
shall be deemed not a motor vehicle and excluded from the operation of 
the Act:
    (1) The vehicle cannot exceed a maximum speed of 25 miles per hour 
over level, paved surfaces; or
    (2) The vehicle lacks features customarily associated with safe and 
practical street or highway use, such features including, but not being 
limited to, a reverse gear (except in the case of motorcycles), a 
differential, or safety features required by state and/or federal law; 
or
    (3) The vehicle exhibits features which render its use on a street 
or highway unsafe, impractical, or highly unlikely, such features 
including, but not being limited to, tracked road contact means, an 
inordinate size, or features ordinarily associated with military combat 
or tactical vehicles such as armor and/or weaponry.
    (b) The Administrator will, from time to time, publish in the 
Federal Register a list of vehicles which have been determined to be 
excluded. This list will be in appendix VI of 40 CFR part 85.

[39 FR 32611, Sept. 10, 1974, as amended at 45 FR 13733, Mar. 3, 1980]