Interpretation ID: nht75-4.48

DATE: 11/24/75

FROM: AUTHOR UNAVAILABLE; James B. Gregory; NHTSA

TO: Butler Associates Inc.

TITLE: FMVSR INTERPRETATION

TEXT: I am writing in response to your September 22, 1975, letter concerning safety standards applicable to your 1975 Ford Custom Wagon. Your letter was referred to this agency by Senator Magnuson.

I am enclosing a brochure entitled Standards which briefly lists the Federal motor vehicle safety standards and the vehicles to which they apply.

Most of the standards were initially applied to passenger cars because they accounted for the vast majority of traffic deaths and injuries. Your Custom Wagon is classified for the purposes of our standards as a multi-purpose passenger vehicle (MPV). Each particular type of vehicle, such as a car, small or large truck, van, bus, or motorcycle, has its own design characteristics and configuration, with widely different causes of crash injury and fatality. Since the original Federal standards were established in 1967, effective January 1, 1968, we have been in the process of extending the applicability of our current standards and of preparing new standards where appropriate to other vehicle types, including MPV's. For example, effective January 1, 1976, all trucks and MPV's with a Gross Vehicle Weight Rating of 10,000 pounds or less will be required to be equipped with combination lap and shoulder belts with inertial retractors, just as has been required of passenger cars since September 1973. With the constantly improving accident investigation information on how and why particular injuries occur in particular types of vehicles, we expect to be able to determine which safety items are necessary and will do the most good on all vehicles. We will then issue appropriate standards as rapidly as possible.

I appreciate your concern over the safety of our motor vehicles.

Sincerely,

Enclosure: "Standards"

United States Senate -- COMMITTEE ON COMMERCE

November 3, 1975

James B. Gregory, Administrator -- National Highway Traffic Safety Administration, Department of Transportation

Dear Dr. Gregory:

I am enclosing for your information a letter that I received from Mr. Charles F. Butler who complains that his 1975 Ford Custom Wagon does not need to comply with many of the federal motor vehicle standards. He has asked that I look into this problem.

As you may know, the Commerce Committee has a long-standing record of concern about the exclusions for multi-purpose vehicles from the motor vehicle safety standards. I request that you provide Mr. Butler with the justification for these exclusions and send me a copy of your response to him.

Sincerely yours,

WARREN G. MAGNUSON -- Chairman

Enclosure

September 22, 1975

Honorable Warren Magnuson, Chairman -- Senate Commerce Committee, United States Senate

Dear Mr. Chairman:

Recently, I had occasion to purchase a 1975 Ford Custom Wagon for personal use. It is a van type of vehicle with windows all around and seating for eight passengers. As you may know, this type of vehicle is growing in popularity for family transportation.

Since the vehicle is for personal use, it is registered as a passenger vehicle by the State of Maryland and my insurance rates reflect that status.

Unfortunately, under federal regulations it is classified as a Multi-purpose Vehicle (MVP) and, therefore, exempt from some of the safety requirements that must be on passenger cars. The most notable is the lack of any head restraint for front seat passengers. I consider this a most dangerous situation because the bucket seats they supply are below shoulder level thereby inviting severe injury if the vehicle is struck from the rear. I am still searching for headrests to correct the problem. The only other alternative will be new seats at a cost of $ 140.00 each.

Ford advertises and sells these vehicles for passenger use, not commercial. There seems to be a gap in the federal safety regulations that requires closing immediately. While other deficiencies also exist (no energy-absorbing steering column etc) the head restraint is the most serious. Any vehicle that can be registered as a passenger vehicle should be required to have these basic safety devices. While it would do me no good, I would urge that your Committee, through its oversight function, look into these problems.

Thank you for your consideration.

Sincerely,

Charles F. Butler -- President, BUTLER ASSOCIATES, INC.