Interpretation ID: nht73-4.50

DATE: 08/28/73

FROM: AUTHOR UNAVAILABLE; James B. Gregory; NHTSA

TO: Meteor Works

TITLE: FMVSR INTERPRETATION

TEXT: In your letter of July 5, 1973, you express two concerns about the treatment of multipurpose passenger vehicles under the Motor Vehicle Information and Cost Savings Act.

Your first concern is that the standards to be issued under the act will apply to all passenger motor vehicles, and will include multipurpose passenger vehicles unless the agency expressly exempts them. As we stated in the notice of proposed rulemaking on the new bumper standard, we are proposing to exempt multipurpose passenger vehicles from the initial standard. The continuance of this exemption depends on a variety of considerations, and we would appreciate the benefit of your views on the subject.

Your second concern is that the definition of "multipurpose passenger vehicle" in the safety standards (49 CFR 571.3(b)) differs from the definition of the same term in the Cost Savings Act. Although the definitions are fundamentally similar, the safety standards definition limits the MPV category to vehicles designed to carry 10 persons or less, while the Cost Savings Act definition includes somewhat larger vehicles, up to a capacity of 12 persons. We do not foresee any problems as a result of this difference, but if problems arise, it would be possible through rulemaking to restrict the applicability of a cost savings standard to MPV's having a capacity of 10 persons.

ENC.

The Administrator National Highway Traffic Safety Administration

5 Jul 1973

Rover British Leyland UK Ltd manufacturers the Land Rover multi-purpose passenger vehicle which is sold in the United States by British Leyland Motors Inc., 600 Willow Tree Road, Leonia, New Jersey.

The Land Rover is designed to operate on and off road and to carry special equipment and is therefore incapable of meeting some of the requirements of passenger cars, for example bumper heights, without impairment of its special performance capabilities. This fact is recognised in the differential application of the Federal Motor Vehicle Safety Standards to passenger cars and multi-purpose passenger vehicles. We wish to ensure that a clear distinction between these two classes of vehicle is made and continue to be made and for this reason we are concerned that the Motor Vehicle Information and Cost Savings Act adopts a different definition for multi-purpose passenger vehicle from that adopted in Part 371 of the Federal Motor Vehicle Safety Standards.

We quote from the Motor Vehicle Information and Cost Savings Act "(1) The term "passenger motor vehicle" means a motor vehicle with motive power, designed for carrying twelve persons or less, except (A) a motorcycle or (B) a truck not designed primarily to carry its operator or passengers.

(2) The term "multipurpose passenger vehicle" means a passenger motor vehicle which is constructed either on a truck chassis or with special features for occasional off-road operation."

and from the Federal Motor Vehicle Safety Standards "Passenger car" means a motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle, or trailer designed for carrying 10 persons or less."

"Multipurpose passenger vehicle" means a motor vehicle with 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."

It is obvious that the two definitions are different although the vehicles to be defined are the same.

Our concern is that the term "multi-purpose passenger vehicle" in the Motor Vehicle Information and Cost Savings Act is embraced by the term "passenger motor vehicle". Thus any requirements written under this Act for a "passenger motor vehicle" apply automatically to a "multi-purpose passenger vehicle" unless the latter is specifically exempted. Such exemption is expected to be necessary in consequence of the different purpose for which the vehicles are designed.

Secondly the Seating capacity used in the definitions is 12 persons or less in the case of the Motor Vehicle Information and Cost Savings Act and 10 persons or less in the case of the Federal Motor Vehicle Safety Standards.

The most satisfactory solution would be for the Motor Vehicle Information and Cost Savings Act to adopt the definitions of "Multi-purpose Passenger Vehicle" and "Passenger Car" of Part 371 of the Federal Motor Vehicle Safety Standards, if however such an administrative solution is not possible perhaps NHTSA would consider seeking a technical amendment to work this out.

We would be pleased to receive your comments on this proposal and particularly if we have to take any further action to request such an amendment or how the different definitions will be interpreted.

C J GOODE SAFETY CO-ORDINATOR (PASSENGER CARS)