Interpretation ID: 1984-4.14

TYPE: INTERPRETATION-NHTSA

DATE: 12/21/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: J.W. Hughes -- Vice President, The Kansas City Southern Railway Company

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. J. W. Hughes Vice President - Executive The Kansas City Southern Railway Company 114 W. Eleventh St. Kansas City, MO 64185

Your letter of November 7, l984, does not note the dates of previous correspondence with us, and we are unable to find copies of what we recall as at least two letters from this office to the Railway or its representative on the Mercedes Zwei Weg rail conversion.

However, it is our recollection that because the van uses the public roads from one rail inspection site to another it is a "motor vehicle" for purposes of compliance with the Federal motor vehicle safety standards, and that this interpretation has been previously furnished the Railway. Your letter contains no new facts that warrant a reconsideration of our earlier interpretations. Sincerely, Frank Berndt, Chief Counsel