Interpretation ID: 21069.ogm

Mr. Mac Yousry
Global Vehicle Services, Corp.
1238 West Grove Avenue
Orange, CA 92865

Dear Mr. Yousry:

This responds to your request for information whether a vehicle that is capable of operating on water as well as land may be classified as a "multipurpose passenger vehicle."

Please note that under the National Highway Traffic Safety Administration's (NHTSA's) statutory authority (49 U.S.C. Chapter 301, Motor Vehicle Safety) the vehicle's manufacturer is responsible in the first instance for classifying a particular vehicle. NHTSA does not approve or endorse any vehicle classification before the manufacturer itself has classified a particular vehicle. NHTSA may reexamine the manufacturer's classification during the course of an enforcement action.

"Multipurpose passenger vehicle" (MPV) is defined in our regulations at 49 CFR 571.3 as "a motor vehicle with motive 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."

Your letter indicates that the vehicle in question is intended to be used on the water forty to sixty percent of the time. You ask if a vehicle which is intended primarily to operate on public highways but also has the capability to operate on water, has special features for occasional off-road operation.

It is not clear from your description if the vehicle is designed to carry fewer than 10 persons or is constructed on a truck chassis. As your inquiry requests the agency's view on whether the vehicle may be properly said to be capable of occasional off-road operation, we will assume that it is not built on a truck chassis and is designed to carry 10 persons or fewer.

Part of the "multipurpose passenger vehicle" definition is that the subject vehicle has "special features for occasional off-road operation." We note that you describe the vehicle as "amphibious," i.e., having the capability to operate independently on land and in the water. The amphibious capability of such a vehicle indicates that it would possess special features for off-road operation. Therefore, based on the information you have provided, it appears that the vehicle in question would, for the purpose of classifying the vehicle for application of Federal motor vehicle safety standards, qualify as a multipurpose passenger vehicle.

For further information, please feel free to contact Otto Matheke of my staff at this address or at (202) 366-5253.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref.571
d.2/11/2000