Interpretation ID: nht74-2.30

DATE: 05/02/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Maxi-Cab Enterprises

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 18, 1974, asking which Federal requirements apply to the Maxi-Cab, pictures of which you enclose. You describe the Maxi-Cab as a fiberglass shell that fits in the back of compact pickups, and indicate that it has been designed to be used to transport children.

Based on the pictures you have furnished, we have concluded that the Maxi-Cab is a "pickup cover", which is defined in S4 of Motor Vehicle Safety Standard No. 205, "Glazing Materials" (49 CFR 571.205), as "a camper having a roof and sides but without a floor, designed to be mounted on and removable from the cargo area of a truck by the user."

Since you describe the Maxi-Cab as designed to transport persons, the glazing material used in its construction must conform to Motor Vehicle Safety Standard No. 205. No other Federal requirements administered by this agency apply to it.

Yours truly,

ATTACH.

March 18, 1974

Chief Counsel -- National Highway Traffic Safety Adm.

Dear Sir:

Several months ago we first put a product on the market called the Maxi-Cab. The Maxi-Cab has two parts: The first part is a fibreglass shell that fits on the back of compact pickups. After the first installation the shell can be taken off or put on again in about five minutes. The rear window of the truck cab is removed and there is a waterproof boot between the cab and the shell. The second part is a utility box which slides in under the front part of the shell. This box is then locked in both by sliding bolts and by a clete in the tonneau which holds it in place when the tonneau cover is shut. There are two shelves on the sides and cushions are placed on the shelves either for storage for gear, or if the driver chooses, as seats for children.

We put this product out after checking first with the California State Department of Motor Vehicles who informed us that in their opinion the unit did not come under any existing regulations since it was completely removable.

We then talked also with the California Highway Patrol which in turn referred us to the NHTSA.

I have had a series of phone conversations with a Mr. Buckley in NHTSA and after discussions with legal people in your office he informed us that pending a ruling from your office it was his opinion that with the exception of certain glazing standards (with which we already comply) there were no federal regulations governing this product.

Both for our own peace of mind, and to answer questions from our dealers, we would like to receive some documentation of this opinion. Mr. Buckley indicated that the appropriate method for receiving a written opinion on this matter was to send a written request to your Office requesting a written opinion on this matter.

I am enclosing two photographs which will give you some idea of the appearance and mechanisms involved. I hope they will be sufficient.

Thank you for your attention to this matter.

Sincerely,

James L. Creighton -- MAXI-CAB ENTERPRISES

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