40 CFR 85.1703 : Protection Of Environment (§ 1.1 To Parts 1851-1899) — (§ 82.1 To Appendix Xii To Part 86) — Environmental Protection Agency (Continued) (§ 82.1 To Appendix Xii To Part 86) — Air Programs (Continued) (§ 82.1 To Appendix Xii To Part 86) — Control Of Air Pollution From Mobile Sources (Subparts A-E To Appendix Viii To Part 85) — Exclusion And Exemption Of Motor Vehicles And Motor Vehicle Engines (§ 85.1701 To § 85.1716) — Definition of motor vehicle.

(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) [Reserved]