Interpretation ID: 1982-2.39

DATE: 08/16/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Mazda (North America), Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Mr. David N. Cumming Mazda (North America), Inc. 23777 Greenfield Road, Suite 462 Southfield, Michigan 48075

Dear Mr. Cumming

This responds to your recent letter requesting clarification concerning the positioning of vehicles for testing under Safety Standards Nos. 212, 219 and 301. Specifically, you are concerned with a vehicle which is capable of height adjustment by manufacturer design, i.e., a 4-wheel drive vehicle which has one height position for normal highway driving and another for off-road driving.

The safety standards to which you refer do not specify a height adjustment because almost all vehicles have a single, set height. In fact, we have checked the agency's past interpretations for all three standards and determined that this question has never arisen. After careful consideration, it is the agency's position that such a vehicle capable of variable height adjustment would have to comply with the vehicle adjusted to any position that is possible. This is true because the vehicle could be driven on the highway, for example, even if it were adjusted to the off-road position. Consequently, it is important that the vehicle comply with the standards in all positions. To save on testing costs, you should be able to determine the worst case position, particularly with regard to Standard No. 301, and test only in that position. Your responsibility under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381, et seq.) is to exercise due care to determine that your vehicles are in compliance with all applicable safety standards.

I hope this has been fully responsive to your inquiry. Please contact Hugh Oates of my staff if you have any further questions.

Sincerely,

Frank Berndt Chief Counsel

June 11, 1982

Mr. Frank A. Berndt, Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D. C. 20590

RE: Test Condition - Safety Standard Compliance Tests On Vehicles Capable Of Vehicle Height Adjustment

Dear Mr. Berndt:

We would like a clarification regarding the position for testing vehicles which are capable of vehicle height adjustment by manufacturer design (for example, a 4-wheel drive vehicle which has one height position for normal highway driving and another for off-road driving).

To determine compliance with Motor Vehicle Safety Standards such as 212, 219, and 301, what height position would NHTSA specify for testing the vehicle.

For example:

(1) highway driving position (2) off-highway position (3) design position, if different than (1) and (2), etc.

Also, please verify whether the manufacturer is responsible for compliance at height positions other than the specified test position.

Your response prior to July 30, 1982 would be greatly appreciated.

Thank you.

Sincerely,

David N. Cumming Engineer

DNC/mjs