Interpretation ID: nht79-4.1

DATE: 05/31/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Subaru of America Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of April 23, 1979, in which you requested the agency's opinion whether a four-wheel drive hatchback sedan could be classified as a multi-purpose passenger vehicle (MPV).

As was stated by Eileen Leahy of my staff in telephone conversations regarding your request, the agency cannot give an opinion regarding this vehicle's classification for purposes of compliance with Federal Motor Vehicle Safety Standards without knowing whether the vehicle has any special features for off-road use other than four-wheel drive. An MPV is defined in 49 CFR @ 571.3(b) as "a motor vehicle with motor power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation." Since the vehicle you describe is not constructed on a truck chassis, it must have "special features for occasional offroad operation" in order to qualify as an MPV. The agency interprets this language as requiring that the vehicle contain more than a single feature designed for off-road use. This interpretation is based on the use of the word "features" in the plural rather than the singular in the definition, and on the fact that a vehicle's total design determines its likely use. Four-wheel drive would be useful in snow on public streets, roads and highways, so this feature cannot be determinative of the vehicle's classification if there are no features for off-road use.

Also, the agency is reluctant to exempt a vehicle from compliance with any of its safety standards purely on the grounds that it is equipped with four-wheel drive. There is little likelihood that a vehicle that is identical to a passenger car in every other respect will be used differently than other passenger cars. Under these circumstances, the agency sees no reason for treating such vehicles any differently from other passenger cars with respect to the applicability of safety standards.

Therefore, unless you can provide us with additional information (including, but not limited to, pictures or drawings of the vehicle) concerning other special features of this vehicle that would make it suitable for off-road operation, the agency cannot concur with the opinion expressed in your letter that this vehicle should be classified as a multipurpose vehicle for purposes of compliance with Federal motor vehicle safety standards. Also, I would refer you to 49 CFR @ 523.5(b)(2) for a description of some of the characteristics that would be considered as "special features for off-road operation" although that section relates primarily to fuel economy.

If you will provide us with additional information, we will be happy to offer a final opinion.

SINCERELY, SUBARU OF AMERICA, INC.

April 23, 1979

Our Ref. No. 056-79C

Frank Berndt Acting Chief Counsel U.S. Dept. of Transportation National Highway Traffic Safety Adm.

Gentlemen:

As part of a new car line for 1980, Subaru of America is going to import four-wheel drive hatch back sedans.

This new four-wheel drive sedan was designed for occasional off-road operation. In consideration of the vehicle's various uses we feel it should be classified as a multipurpose passenger vehicle.

Please provide your opinion as to whether or not this vehicle can be classified as an M.P.V.

Should you have any questions, please contact this office.

John Cordner Technical Assistant Product Compliance