Interpretation ID: aiam3595
Mazda (North America)
Inc.
23777 Greenfield Road
Suite 462
Southfield
MI 48075;
Dear Mr. Cumming: This responds to your recent letter requesting clarification concernin the position 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 heigh 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 contac Hugh Oates of my staff if you have any further questions.; Sincerely, Frank Berndt, Chief Counsel