`”motor vehicle” means any description of mechanical or towed transport or any other invention used for commercial purposes on the road for the carriage of passengers, passengers and goods, articles or goods; 7It would also be useful to apply the definitions given in footnote 6 to the examples given in your letter. 4It would also be useful to apply the definitions of “ship” in footnote 2 above to the examples given in your letter. L. 98-473, § 2013(a)(2)–(4), added the definitions of “in flight” and “in operation”. Consistent with the above-mentioned broad interpretations of the terms “ship” and “aircraft,” the United States Department of Finance has previously interpreted the term “motor vehicle” broadly to include items such as agricultural and construction machinery.8 FinCEN believes that it is reasonable to interpret the term “motor vehicle” as it is generally defined as “autonomous vehicle or machine.” 9 This definition covers a wide range of low-speed vehicles and electric vehicles, although they cannot be manufactured primarily for use on public roads, roads and motorways. Therefore, we think it makes sense to apply this definition to the motorized transportation you list in your motorized wheelchairs, golf carts, low-speed vehicles, ATVs, snowmobiles, go-karts, motorized skateboards, buggies, racing cars, scooters, mopeds, streetcars and Segways – and to make these items “motor vehicles” for the purposes of the CTR exemption rules. In addition, the definition applies to examples of construction and forestry equipment you provide, including: backhoe loaders, forklifts, bulldozers, skidders, rocker arms, harvesters and loaders. (3) The vehicle has features that make its use on a road or highway dangerous, impractical or highly unlikely, including, but not limited to, tracked road contact means, excessive size, or features normally associated with military combat or tactical vehicles such as armor and/or weapons. There are several definitions of “ship” in the United States Code.2 For example, the term “ship” is defined in the General Provisions relating to Title 1 of the United States Code as “any description of craft or other man-made inventions used or likely to be used as a conveyance on water.” 3 The definition does not require that a vessel be used primarily for this purpose. We think it makes sense to apply this definition to the examples you list in your letter jet skis, non-motorized boats, pedal boats, canoes, submarines and rafts that make these entities “ships” for the purposes of the exemption rules CTR.4 Pub.
L. 98–473, § 1010, replaced “passengers and goods or goods” with “or passengers and goods” in the definition of motor vehicles. The U.S. Department of Agriculture`s Animal and Plant Health Inspection Service defines “farm equipment” as “equipment used in the production of livestock or plants, including, but not limited to, lawnmowers, harvesters, loaders, slaughterhouses, farm tractors, farm engines, farm trailers, farm carts, and farm carts, but excluding cars and trucks.” 6 We consider it logical to apply this definition to the examples you provide – lawnmowers, plows, balers, tractors, loaders and mills – and therefore the articles are “farm equipment” within the meaning of the exemption rules of CTR.7 69 CFR § 94.0. In addition, there are several general definitions of the term “farm equipment” in the U.S. Code and Code of Federal Regulations, see, for example, 40 C.F.R. § 1074.5 (Definition of “farm equipment” as “any machine driven by an internal combustion engine used primarily in the commercial production and/or commercial harvesting of food, fiber, of wood or commercial organic products, or for processing these products for subsequent on-farm use”). 1988 — Pub. L.
100–690 replaces “open door” with “open door” in the definition of “in flight”. I am responding to your letter of 21 October 2010 on an administrative decision defining motor vehicles, ships, aircraft and agricultural equipment, as regards the exemption of a customer`s cash transactions from the obligation to submit a monetary transaction report (`the CTR`). In your letter, you explicitly call for a regulation on whether certain objects would fall into the categories listed above. FinCEN issues administrative decisions to interpret the application of a bank secrecy rule (“BSA”) to a specific set of facts and circumstances. Since you are essentially asking a question of general applicability, i.e. how certain terms used in the CTR exemption rules should be defined, we will give you general advice instead of an administrative decision. 9See the definitions of “motor vehicle” and “automobile” in the Merriam-Webster dictionary. There are several definitions of “motor vehicle” in the United States Code, see, for example, 18 U.S.C. § 2311 (the definition of “motor vehicle” includes “an automobile, truck, automobile, motorcycle, or other motor vehicle designed to operate on land but not on rail”). The terms “motor vehicle” and “aircraft” are defined in 18 U.S.C. § 2311.
Motor vehicles include on-road vehicles such as automobiles, vans, motorcycles and trucks, as well as off-road vehicles such as construction and self-propelled agricultural machinery. See United States v. Straughan, 453 F.2d 422 (8th Cir. 1972); United States v. McGlamory, 441 F.2d 130 (5th Cir. 1971). Accordingly, the definition of motor vehicle for 18 U.S.C. § § 2312 and 2313 is broader than for 18 U.S.C.
§ 511, 512, 553 and 2321. In the last four sections, the term includes only road vehicles, that is, motor vehicles as defined in 49 U.S.C. § 32101(7). The absence of a key part, such as the engine, does not mean that the vehicle ceases to be a motor vehicle. See United States v. McKlemurry, 461 F.2d 651 (5th Cir. 1972). Vehicles converted by combining main parts of stolen motor vehicles with parts of other vehicles were classified as stolen motor vehicles. See United States v. Neville, 516 F.2d 1302 (8. cir. 1975).
For the purposes of this Subchapter, “motor vehicle” means all vehicles propelled by internal combustion engines, electricity or steam. The term “motor vehicle” does not include traction motors, road rollers, vehicles powered solely by rails or rails, personal mobility equipment as defined in § 50-2201.02(13), electric mobility equipment as defined in § 50-2201.02(6A), motorized bicycles as defined in § 50-2201.02(11A) or battery-powered wheelchairs when operated by a person with a disability. While the above definitions are broad and appear to encompass all of the objectives addressed in your question, FinCEN hopes that these broad interpretations will not deter the bank from taking advantage of CTR exemptions. In addition to the above guidelines, we would like to remind you that the Bank is required to retain documentation and other supporting information that allows it to demonstrate that the decision to exempt a client from reporting foreign currency transactions was based on a reasonable determination that the client does not derive more than 50% of its annual gross revenues from non-qualifying business activities. Such an appropriate decision should be based on its understanding of the nature of the client`s business, the purpose of the client`s accounts and the actual or anticipated activity in those accounts.10 The NCE exemption rules state that an entity whose principal activity is certain non-eligible activities cannot be treated as an unlisted entity and, consequently. A bank must file a CTR for a reportable transaction carried out by that company. Ineligible business activities include: “acting as financial institutions or agents of financial institutions of any kind; the purchase or sale of motor vehicles of all kinds, ships, aircraft, farm equipment or mobile homes to customers; the practice of law, accounting or medicine; auctioning of goods; charter or operate ships, buses or aircraft; games of chance of any kind (with the exception of pari-mutuel betting permitted at racetracks); investment advisory or investment banking services; real estate brokerage; brokerage of pledges; title insurance and real estate closing; trade union activities; and any other activity that may be specified by FinCEN. 1 The terms “motor vehicles, ships, aircraft, and agricultural equipment” are not specifically defined in the BSA (codified in 31 U.S.C. § 5311-5314 and 5316-5332) or its regulations. 1994—Hrsg. 103 to 272 replaced “Sections 40102(a) and 46501 of Title 49” with “Federal Aviation Act of 1958, as amended” in the paragraph beginning with the definition of “aircraft engine”. DC Law 14-235 rewrote the article which read as follows: “As used in this chapter, the term “motor vehicle” refers to all vehicles powered by internal combustion engines, electricity or steam. The term `motor vehicle` does not include traction motors, road rollers, vehicles powered solely by rails or tracks, or battery-powered wheelchairs when operated by a disabled person at speeds not exceeding 10 miles per hour. (b) It should be noted that, when applying the criterion set out in point (a)(2) of this Section, vehicles clearly intended for use on motorways: Motor vehicles.
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