Interpretation ID: 1983-3.26

TYPE: INTERPRETATION-NHTSA

DATE: 11/22/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. John R. Hughes -- Vice President, The Kansas City Southern Railway Company

TITLE: FMVSS INTERPRETATION

TEXT:

Dear Mr. Hughes:

This is in reply to your letter of October 13, 1983, furnishing the information I suggested in my letter of August 15 to Mr. Snyder.

As you know, I wrote Mr. Stalder of Carland on February 8, that the rail inspection vehicle you wish to purchase, is a "motor vehicle" as defined by the National Traffic and Motor Vehicle Safety Act, because it was not manufactured exclusively for use on rails, and, in our experience, would spend some portion of its life on the public roads. In reply, Mr. Snyder raised the possibility that any off-track utilization by Kansas City Southern would be on its private roads, and I asked for clarification of that point. You have now indicated that this Mercedes but with railroad track conversion will indeed spend 30% of its time on the public roads.

We therefore affirm our interpretation of February 8, that this vehicle is a "motor vehicle" which must meet applicable Federal motor vehicle safety standards, even if Kansas City Southern purchases only one of them, and intends to scrap it at the end of its operating life.

Sincerely,

Original signed by Frank Berndt, Chief Counsel

October 13, 1983

Mr. Frank Berndt Chief Counsel 400 Seventh Street SW Washington, DC 20024

In re: Swil Weg Vehicle Utilization and Disposition

Dear Mr. Berndt:

This is to clarify the use of the Zwel Weg/Mercedes vans being considered for purchase by Carland, Inc. for lease to The Kansas City Southern Railway Company. The vans will primarily be used in track inspection and transportation of maintenance of any personnel. The value of these vehicles is that they can be easily and economically utilized on the existing rail facilities. The vehicles would be used on public roads to transport personnel to and from public facilities (motels, restaurants, etc.) within their area of operations. It is estimated that the off track on (public) road utilization will be approximately 30%.

At present, The Kansas City Southern Railway Company is not utilizing any of these vehicles and there are no definite commitments for purchase by Carland, with the exception of the vehicle presently in the country--provided that this vehicle can be brought into conformity. When this is achieved, it is currently anticipated that an additional unit will be purchased for use by The Kansas City Southern Railway Company at its Shreveport, Louisiana facility. Future purchases will be contingent upon the success of these vehicles, subsequent prices and the needs of the railroad.

The vehicles will be used as long as is possible. When they are no longer economically operable (whether due to damage, or due to the vehicles becoming uneconomical to repair or maintain), they will be scrapped. The modifications which have been added to these vehicles to which the rail system is attached are permanently affixed by welding and are not transferable to another vehicle.

The conversion unit can, in any event, only be properly fitted by the Zwel Meg Company machinists. The Conversion unit, although accessible for servicing and maintenance, is not readily removable. The unit cannot be fitted to another vehicle without factory personnel and, in any event, the warranties would then become null and void.

The purchase price for the vehicle, as equipped, is approximately $40,000, which makes removal of the conversion unit and operating the vehicle as a road vehicle not only impractical, but also excessively expensive.

The Kansas City Southern Railway Company is particularly interested in this vehicle because there is no comparable machine made in the United States. The presently available vehicles all have what Kansas City Southern considers to be serious limitations and problems which have rendered them less than satisfactory in their use experience.

We appreciate your reconsideration of this matter.

Sincerely yours, Original signed by John H. Hughes