Interpretation ID: nht68-1.32

DATE: 04/24/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Carrington; Johnson & Stephens

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of March 16 which asked several questions concerning the applicability of present Federal motor vehicle safety standards to equipment installed, either at the factory or afterwards, "in pickup trucks and other light trucks."

You have asked:

"(1) Does a standard applicable only to passenger cars apply to a vehicle coming within both the definitions of 'truck' and the definition of 'passenger car' as defined in the Standards?"

(2) Does your answer to the foregoing apply to pickup trucks and other light trucks sometimes used for family purposes?

(3) Are these considered to be 'multipurpose passenger vehicles' and therefore specifically excluded from the definition of 'passenger cars'?"

The Federal Motor Vehicle Safety Standards define a "truck" as a motor vehicle "designed primarily for the transportation of property or special purpose equipment". This includes pickup trucks used occasionally for family purposes. The answer to your questions therefore is that vehicles are not both trucks and passenger cars and a standard applicable only to passenger cars is not applicable to pickup and other light trucks. The distinction between passenger cars and multipurpose passenger vehicles is that the latter are vehicles constructed either on a track chausis or with special features, such as 4-wheel drive, for occasional off-road operation. The Ford Bronco and International Harvester Scout are two examples of multipurpose passenger vehicles.

With regard to your question regarding applicability of standards to dealer-installed equipment, the standards, at this time, do not apply to installation or removal of equipment after the first purchase of a vehicle for purposes other than resale. They do apply prior to sale and dealers should be warned against making modifications which might interfere with the compliance that has been certified by the vehicle manufacturer.

The meaning of your last question is unclear to me. Certification is required by the Act between a manufacturer and a dealer or distributor and then only if there is an applicable standard. Many vehicle manufacturers routinely require by a contract that equipment manufacturer "certify" that equipment supplied meets Federal Motor Vehicle Safety Standards. These clauses are a matter of contract between the parties.

Regardless of the end use of the equipment supplied, and even though no certification is required because the sale is to a vehicle manufacturer and not a dealer or distributor, if there is a Federal Motor Vehicle Safety Standard applicable to the equipment manufactured the equipment manufacturer is subject to civil penalty for violation of section 108(a)(1) of the Act (15 USC 1397 (a)(1)) if the equipment does not comply with applicable standards.

Sincerely,

CARRINGTON, JOHNSON & STEPHENS

March 16, 1968

Robert M. O'Mahoney, Esq. Assistant General Counsel U.S. Department of Transportation Federal Highway Administration National Highway Safety Bureau

Dear Mr. O'Mahoney:

We represent a firm which is a "manufacturer" as defined in Sec. 102(5) of the National Traffic and Motor Vehicle Safety Act of 1966 (the "Act"), of "motor vehicle equipment" as defined in Sec. 102(4) of the Act. Such firm is the same concern concerning which you and I had correspondence last summer, culminating in your letter of August 1, 1967 wherein you kindly furnished us with guidance in the interpretation of a possibly ambiguous aspect of the Act concerning sale of such equipment in the passenger car after-market, in order that we might in turn be guided in advice to our client.

Now our client proposes to sell such equipment to a concern which is a "manufacturer" of "motor vehicles" under Sec. 102(3) of the Act, which equipment is to be used in pickup trucks and other light truckscoming within the definition of "truck" in the Initial Federal Motor Vehicle Safety Standards @ 255.3(b). In some cases the equipment will be factory-installed, and in some cases it will be installed by factory-franchised truck dealers as optional equipment specified by the purchaser of the truck.

This letter is to request your advice concerning the applicability of the Initial Standards (and I especially have in mind Standard 201) to this equipment.

Section 255.3(b) of the Initial Standards defines truck as follows:

"Truck' means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment."

The same general section of definitions at the same time defines "passenger car" as follows:

"'Passenger car' means a motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less."

The same general section also defines "multipurpose passenger vehicle" as follows:

"'Multipurpose passenger vehicle' means 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."

The structuring and thrust of the Initial Standards and of the Act appear clearly to contemplate that standards applicable to trucks as above-defined are intended to be limited in applicability to trucks, and that standards applicable to passenger cars as above-defined are intended to be limited in applicability to passenger cars. Yet, if literally and superficially read, without the illumination of such purpose and intent, the definition in @ 255.3(b) of "passenger car" would literally cover a pickup truck, or possibly even a large truck, so long as it was "designed for carrying 10 persons or less" unless as to a particular kind of truck it would be said to be a "multipurpose passenger vehicle." An interpretation which includes trucks of any kind under the definition "passenger car" would, in my opinion, be strained and would not further the results desired to be accomplished by the Initial Standards or the Act, but the language used has led us to request your advice with respect to the following:

(1) Does a standard applicable only to "passenger cars" apply to a vehicle coming within both the definition of "truck" and the definition of "passenger car" as defined in the Standards?

(2) Does your answer to the foregoing apply to pickup trucks and other light trucks sometimes used for family purposes?

(3) Are these considered to be "multipurpose passenger vehicles" and therefore specifically excluded from the definition of "passenger cars"?

(4) If your answer to either of the first three questions is that the "passenger car" standards do cover such a vehicle, would the applicability of such standards to equipment installed in such a vehicle be governed to any extent by the fact of installation of such equipment by a dealer, rather than at the factory --

(a) before delivery of the vehicle to the customer?

(b) after delivery of the vehicle to the customer?

(5) If the equipment involves were in noncompliance with the standards if factory-installed in "passenger car" but the Vehicle manufacturer contractually represents that the equipment is purchased for use only on vehicles to which "passenger car" standards do not apply, can the equipment manufacturer rely on such representation so as not to certify the equipment as being in compliance with the standards?

We shall appreciate your assistance to us with respect to these questions.

Sincerely yours,

MARVIN S. SLOMAN