Interpretation ID: nht76-2.5

DATE: 02/09/76

FROM: AUTHOR UNAVAILABLE; R. L. Carter; NHTSA

TO: Jeep Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to Jeep Corporation's October 16, 1975, petition to initiate rulemaking to amend the present definition of "Unloaded vehicle weight" (49 CFR @ 571.3) which reads:

"Unloaded vehicle weight" means the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle, but without cargo or occupants.

Jeep requests that the definition be amended to "indicate that the unloaded vehicle [weight] does not include work-performing accessories which may be available as original equipment accessories." The Jeep petition argues that the impracticality of conducting some dynamic testing with "work-performing accessories" in place may force the discontinuance of some factory-installed accessories although factory installation may be more safe than a subsequent aftermarket installation.

The Jeep Corporation petition is denied. As a general matter, the NHTSA has established that a vehicle which is designed to accept an optional component must be capable of meeting all applicable standards with the component installed. The NHTSA has evaluated the potential problems of dynamic testing with heavy or protruding accessories in place and concludes that a decision on the practicality and wisdom of so doing should be made on a "standard-by-standard" basis. As you noted, the NHTSA has provided for removal of work-performing accessories in conducting compliance tests under Standard No. 219, Windshield Zone Intrusion. If Jeep considers dynamic testing in other standards to be unjustifiably burdensome because of the necessity of testing with all accessories in place, it would be appropriate to petition for rulemaking to amend the standard in question.

SINCERELY,

Jeep Corporation

October 16, 1975

Dr. James B. Gregory Administrator National Highway Traffic Safety Administration U. S. Department of Transportation

RE: Petition For Rulemaking 49 CFR Part 571.3 - Definitions

Pursuant to Section 124 of the National Traffic and Motor Vehicle Safety Act, Jeep Corporation petitions the Administrator of the National Highway Traffic Safety Administration to undertake rulemaking to amend the definition of "unloaded vehicle weight" contained in Federal Regulation 49 CFR Part 571.3.

Currently, unloaded vehicle weight means the weight of the vehicle to be loaded with its maximum capacity of all fluids necessary for normal operation, but without occupants or cargo. This is the base vehicle condition used throughout the safety standards when vehicle dynamic performance is being evaluated. Jeep Corporation requests that this definition be revised to clearly indicate that the unloaded vehicle does not include work-performing accessories which may be available as original equipment accessories. Currently, it is unclear whether a vehicle being subjected to a dynamic test should include such items.

Jeep Corporation offers a full range of work-performing accessories ranging from snow plows and push plates to power winches and wrecker assemblies. Such accessories are highly desirable to customers who want to more fully utilize the multi-purpose features of their Jeep vehicles or who want to utilize the capabilities of any class of vehicle for recreational or work purposes.

These accessories, which are marketed as "Jeep Special Equipment", are specifically designed to be compatible with Jeep vehicles, thereby requiring a minimum of vehicle modification, and are offered either as factory installed or dealer add-on equipment. Aftermarket universal-type accessories may not be so readily adaptable to Jeep vehicles resulting in major vehicle modification which may compromise the safety performance of the original vehicle. Thus, it would be in the best interests of safety to allow Jeep Corporation to continue to provide approved special equipment.

This will not be possible, however, if future dynamic testing procedures in several safety standards require vehicles tested to be equipped with all types of special equipment accessories. To assure compliance to any Federal Standards with all possible vehicle equipment combinations would create a financial and testing burden which Jeep Corporation could not bear. The end result would be the withdrawal from the marketplace of certain original equipment, manufacturer-installed accessories or dealer-installed, manufacturer-approved accessories which, as noted earlier, may not be in the best interest of public safety.

The NHTSA has, in the past, recognized the influence of certain work-performing equipment on vehicle dynamic performance. In Docket No. 73-29; Notice 1, published in 38 FR 33501, the NHTSA proposed the exemption of original equipment snow plows from vehicles being tested to the braking requirements of Standard (Illegible Word)

The concept of eliminating the effects of "work-performing accessories" from the unloaded vehicle weight was further confirmed by the NHTSA in its recent promulgation of Standard 219, Windshield Zone Intrusion. In this standard, it is stated that, "(F)or the purpose of this section, unloaded vehicle weight does not include the weight of work-performing accessories."

In recognition of the above arguments, Jeep Corporation requests the Administrator amend the definition of "unloaded vehicle weight" (49 CFR Part 571.3) such that the unloaded vehicle does not include work-performing accessories.

Jeep Corporation submits that for the reason stated above, such rulemaking is both in the public interest and in the best interest of vehicle safety.

Stuart R. Perkins Director Vehicle Safety