C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER C—AIR PROGRAMS › PART 85—CONTROL OF AIR POLLUTION FROM MOBILE SOURCES › Subpart R—Exclusion and Exemption of Motor Vehicles and Motor Vehicle Engines

40 C.F.R. § 85.1703

Definition of motor vehicle

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(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:

(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) Note that, in applying the criterion in paragraph (a)(2) of this section, vehicles that are clearly intended for operation on highways are motor vehicles. Absence of a particular safety feature is relevant only when absence of that feature would prevent operation on highways.

[39 FR 32611, Sept. 10, 1974, as amended at 45 FR 13733, Mar. 3, 1980; 73 FR 59178, Oct. 8, 2008; 75 FR 22977, Apr. 30, 2010; 81 FR 73972, Oct. 25, 2016]
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2023 · leading case: Racing Enthusiasts & Suppliers Coalition v. EPA, 45 F.4th 353 (D.C. Cir. 2022).
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Racing Enthusiasts & Suppliers Coalition v. EPA, 45 F.4th 353 (D.C. Cir. 2022). · cites it 3× “at 73,972; 40 C.F.R. § 85.1703 (b). The Racing Enthusiasts and Suppliers Coalition, an association that represents businesses that make and sell aftermarket car products, now petitions for review.”
United States v. Rudy's Performance Parts, Inc. (M.D.N.C. 2023). · cites it 2× “§ 7550 (2) and 40 C.F.R. § 85.1703 ); id. ¶¶ 78, 96, 114 .”
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