Interpretation ID: aiam1195
President
Sebring Vanguard
Inc.
P.O. Box 1479
Sebring Air Terminal
Sebring
FL 33870;
Dear Mr. Beaumont: This is in reply to your letter of July 30, 1973, requesting furthe information about the relationship of the Federal motor vehicle safety regulations to the Vanguard electric vehicle.; You ask the following questions: >>>'1. Would prior commitments made before May 16, 1973, be sufficien for a temporary exemption?'<<<; Previously-existing commitments for parts that do not conform t systems covered by Federal motor vehicle safety standards may be presented to support the argument that compliance as of January 1, 1974, would cause substantial economic hardship. No temporary exemption has ever been requested on this basis alone, however, and whether an exemption would be granted solely on this basis would depend upon other facts in the case.; >>>'2. Can VANGUARD be classified as a multipurpose passenger vehicl and what relief would that give us from adhering to federal safety standards?'<<<; As you know, a 'multipurpose passenger vehicle' (MPV) is defined i part as a vehicle 'with special features for occasional off-road operation.' Intent for incidental off-road use is insufficient to qualify a passenger car as an MPV. The manufacturer makes the initial determination whether a vehicle is a passenger car or whether it is a MPV, incorporating 'special features' for occasional off-road operation not normally found on a passenger car. If he asks our views, we will provide them. If he does not, we are not precluded from questioning his vehicle categorization at a later date if it appears erroneous to us. The Vanguard appears to be a passenger car, but we would be willing to consider the matter further if you think it possesses unique off-road features.; >>>'3. How can we incorporate safety improvements in our vehicles prio to January 1, 1974, that may put us over the weight limit without violating law?'<<<; When you have completed a definitive review of your compliance proble areas you may apply for such exemptions as appear necessary. If safety improvements result in a vehicle weight that exceeds 1,000 pounds, you may legally market a vehicle if it has been exempted before January 1, 1974.; We appreciate your keeping us informed of your program with th Vanguard.; Sincerely, Lawrence. R. Schneider, Chief Counsel