Interpretation ID: nht78-3.36

DATE: 04/12/78

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: Hess and Eisenhardt Co.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your recent letter requesting an interpretation concerning the vehicle classification of a proposed new station wagon having a Cadillac commercial chassis. Specifically, you ask whether the vehicle can be classified as a multipurpose passenger vehicle on the basis that it has the same chassis that is used on hearses and ambulances, which are multipurpose passenger vehicles.

Based on your description, it is the agency's opinion that the proposed new station wagon would be classified as a passenger car. A multipurpose passenger vehicle is described in 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 truck chassis or with special features for occasional off-road operation." The vehicle you described does not meet either of the criteria of that definition. The fact that your vehicle would be built on the same chassis as hearses and ambulances does not affect its classification as a passenger car.

The classification of hearses and ambulances as multipurpose passenger vehicles was based upon specific policy considerations. The unique functions of these vehicles are accommodated by a strengthening of their chassis. Because of the special uses to which they are put, other aspects of the vehicles are designed in a manner which inhibits compliance with several passenger car standards. Given the chassis modifications and the special uses of these vehicles, the NHTSA determined that the policy considerations that led to the placing of vehicles with truck chassis into a category separate from passenger cars apply equally to ambulances and hearses, and that the chassis used for these vehicles may reasonably be considered truck chassis for purposes of classification. These policy considerations are not relevant to the vehicle you describe since it is apparently designed to function primarily as a passenger-carrying vehicle.

SINCERELY,

THE HESS & EISENHARDT CO.

March 1, 1978

N.H.T.S.A. Office of Chief Counsel

Dear Sirs:

The Hess & Eisenhardt Company would like the N.H.T.S.A. to give us an interpretation on vehicle classification for a proposed new vehicle.

This new vehicle will be a Cadillac Station Wagon. It will have nine designated seating positions forward of the rear axle with luggage storage rearward of the rear axle. We are questioning what type of vehicle it should be classified as.

The reason for our question is due to the station wagon chassis. The basic wagon chassis will be the Cadillac commercial chassis. This is a special limousine chassis with, among other things, bigger brakes, springs, wheels and tires. We currently use this chassis for hearses and ambulances. Since hearses and ambulances are classified as an M.P.V. would using an M.P.V. chassis make the wagon an M.P.V.? Or, since it looks like a station wagon, would it be classified as a passenger car? Also, if we increased the seating capacity to eleven people would it be classified as a bus?

As you can see, there are a couple of ways to look at our proposed vehicle. Possibly you cannot tell us what it should be classified as, but any advice that would give us a N.H.T.S.A. point of view in this matter would be appreciated.

James N. Miller Engineer, Special Vehicles