Interpretation ID: aiam4084

Dear Confidential: This responds to your request for this agency's concurrence that proposed mini-van, which would use a front-wheel-drive passenger car platform as its base, would qualify as a light truck under 49 CFR Part 523.5(a)(5). The vehicle would have an airduct lying on top of the floor and running longitudinally rearward from the dash area between the two front seats and then turning outboard to enter the bottom of the 'B' pillar. While the top of the airduct would be above the level floor plane in the area between the front seats and immediately behind the front seats, it would not extend under the second or third seats, which would be removable. The floor would otherwise be flat from the forward most point of installation of those seats to the rear of the automobile's interior.; By way of background information, the National Highway Traffic Safet Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the statutes administered by NHTSA, it is the responsibility of the manufacturer to make any necessary classifications of vehicles and required certifications and to otherwise ensure that its vehicles meet all regulatory requirements. This letter provides the agency's opinion based on the facts stated above. As discussed below, it is our opinion that the proposed mini-van would qualify as a light truck under 49 CFR Part 523.5(a)(5).; Section 523.5 provides in relevant part: >>>(a) A light truck is an automobile other than a passenger automobil which is either designed for off-highway operation, as described in paragraph (b) of this section, or designed to perform at least one of the following functions:; (1) Transport more than 10 persons, (2) Provide temporary living quarters, (3) Transport property on an open bed, (4) Provide greater cargo-carrying than passenger-carrying volume, or (5) Permit expanded use of the automobile for cargo-carrying purpose or other nonpassenger- carrying purposes through the removal of seats by means installed for that purpose by the automobile's manufacturer or with simple tools, such as screwdrivers and wrenches, so as to create a flat, floor level surface extending from the forwardmost point of installation of those seats to the rear of the automobile's interior.<<<; With respect to the location of the airduct, it is necessary in orde to come within section 523.5(a)(5) that the removal of seats creates a flat, floor level, surface extending from the forwardmost point of installation of those seats to the rear of the automobile's interior. Since the airduct would not extend under the removable second or third seats, and since the floor is otherwise flat from the forward most point of installation of those seats to the rear of the automobile's interior, it is the agency's opinion that the vehicle would qualify as a light truck under section 523.5(a)(5).; This does not constitute an opinion as to whether this vehicle would b classified as a passenger car, multipurpose passenger vehicle, or truck for purposes of the safety standards. We note that the classification of the proposed mini-van for purposes of safety standards would be covered by 49 CFR Part 571.3 rather than Part 523. We have enclosed a copy of a letter dated December 1, 1983 which addresses some of the issues involved in making such a classification.; Sincerely, Erika Z. Jones, Chief Counsel