Interpretation ID: aiam2623
Busby and Rehm
Counsellors at Law
900 17th Street
N.W.
Suite 714
Washington
DC 20006;
Dear Mr. Rehm: This responds to your letter of June 21, 1977, requesting our office t advise the U.S. Customs Service that a new 'camper' vehicle manufactured by Subaru would be classified as a multipurpose passenger vehicle by the National Highway Traffic Safety Administration (NHTSA) in contradiction of a previous letter from the NHTSA to Customs.; As noted by Mr. Armstrong of this agency in his letter of January 17 1977, to the Customs Service, the NHTSA does not assign or approve in advance a classification for a particular vehicle design. Any ultimate agency determination as to vehicle classification would generally arise only in the context of compliance or enforcement proceedings. The NHTSA does issue advance opinions concerning vehicle classification when requested to do so by vehicle manufacturers. These opinions are necessarily qualified, however, by statements that the opinion is based solely on the description of the vehicle as supplied by the person making the request. Our opinion as to classification is, of course, dependent on the manner in which the vehicle is described.; As defined in 49 CFR 571.3, a 'truck' is a motor vehicle designe primarily for the transportation of property or special purpose equipment. A 'multipurpose passenger vehicle' is defined in Section 571.3 as a vehicle designed to carry 10 persons or less which is contructed (sic) either on a truck chassis or with special features for occasional off-road operation. The Subaru 'camper' is constructed on a truck chassis and has special features for off-road use (4-wheel drive), which would qualify it as a multipurpose passenger vehicle. Therefore, the determinative question is whether the Subaru vehicle is designed primarily for carrying property, in which case it would be classified a truck.; In spite of Subaru vehicle's resemblance to a pick-up truck o Ranchero, there is a basic distinction in design. In the case of a pick-up or Ranchero truck there is a separate vehicle area that is clearly designed for cargo-carrying alone. In the case of the Subaru vehicle, however, the manufacturer has placed seats for two people in that area that would ordinarily be used for carrying property. Since the manufacturer has chosen to use that area for the purpose of carrying passengers, it cannot be said that the vehicle is designed *primarily* for carrying property.; Based on this rationale, the NHTSA concludes that the Subaru 'camper qualifies as a 'multipurpose passenger vehicle,' and that the preliminary opinion of the Office of Standards Enforcement was inaccurate. I would point out, however, that the Federal motor vehicle safety standards applicable to multipurpose passenger vehicles are equally as stringent as the standard applicable to trucks, if not more so.; Sincerely, Joseph J. Levin, Jr., Chief Counsel