Interpretation ID: aiam4389
Vice President of Marketing
Dutcher Motors
Inc.
100 Western Maryland Parkway
Hagerstown
MD 21740;
Dear Mr. Thompson: This letter responds to your inquiry concerning classifying a vehicle the 'TransiTaxi,' which your company manufactures. You inform us that although in 1985 you classified this vehicle as a bus, you now have a question whether this is a proper classification. You state that you use Ford truck components in your vehicle design, and describe your vehicles as larger than the Ford Bronco.; You state further that if you must classify this vehicle as 'passenger car,' you would find it 'financially impossible to go through the crash-testing procedures required.' You ask us to consider issuing either an interpretation or an exemption, cite your maximum annual production of only 500 units as factor, and offer to bring a 'demonstrator' vehicle to Washington. You enclose specifications with your correspondence that say the standard 'TransiTaxi' seats a maximum of seven passengers.; First, please understand that under our certification requirements (4 CFR 567) for the vehicle safety standards, a manufacturer initially determines a vehicle's type using the definitions set out in 49 CFR S571.3, and certifies that the motor vehicle complies with all applicable Federal motor vehicle safety standards applicable to that type. However, a manufacturer's classification does not bind the National Highway Traffic Safety Administration (NHTSA).; Under S571.3, a ''Bus' means a motor vehicle with motive power, excep a trailer, designed for carrying more than 10 persons.' Since your vehicle is designed to carry a maximum of seven passengers, it appears that your vehicle is not a bus.; Your specifications indicate your use of design elements associate with a truck chassis. For example, the front twin I-beam suspension (coil springs) is designed for trucks, and the ground clearances and curb weight more nearly match truck specifications than for other types of; PAGE 2 WAS INADVERTENTLY MISSING FROM THE ORIGINAL Finally, if you wish to certify your Transitaxi as a bus, you may wis to consider using a larger chassis suitable for completion with the requisite seating capacity.; I hope you find this information helpful. Sincerely, Erika Z. Jones, Chief Counsel