Interpretation ID: aiam4142
Esq.
Legal Proceedings Bureau
New York Department of Transportation
Albany
New York 12232;
Dear Mr. Goldfeder: This responds to your January 28, 1986 letter to the National Highwa Traffic Safety Administration (NHTSA) concerning the definition of 'truck' set forth in 49 CFR Part 571.3 of our regulations. You asked whether manufacturers may certify 'passenger vans,' which have seating capacities of more than 10 persons, as trucks.; By way of background information, under the National Traffic and Moto Vehicle Safety Act of 1966 (15 U.S.C. 1381 *et seq*.) and NHTSA's certification regulations (49 CFR Part 567), the classification of a motor vehicle is determined by its manufacturer. Part 567 requires manufacturers to certify that their motor vehicles comply with all applicable motor vehicle safety standards, and classify their vehicles in accordance with the definitions set forth in Part 571.3 of our regulations. The agency may, of course, question a manufacturer's classification of its vehicle if it appears that the vehicle has not been properly certified under our regulations. This would generally arise in the context of compliance or enforcement proceedings.; We define a 'truck' in Part 571.3 as 'a motor vehicle ... designe primarily for the transportation of property or special purpose equipment.' Based on the information in your letter, it does not appear that the vans meet that definition, given their passenger capacities. Our regulatory definition of a truck would be only appropriate for vehicles designed primarily for transporting property or equipment, which does not appear to be the case for the vans you described.; The situation you described appears to raise question of complianc with Federal law by the persons certifying the vehicles. We are interested in learning more about the sale of the vans, and would appreciate your contacting NHTSA's Office of Vehicle Safety Compliance with any information you may have, at the address given above.; Please do not hesitate to contact us if we can be of furthe assistance.; Sincerely, Erika Z. Jones, Chief Counsel