Interpretation ID: nht79-1.25

DATE: 12/14/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Alternative Automotive, Inc.

TITLE: FMVSR INTERPRETATION

TEXT:

Dec. 14, 1979

Mr. John F. Croonquist, President Alternative Automotive, Inc. 999 N. Pacific Street, 33-D Oceanside, California 92054

Dear Mr. Croonquist:

This responds to your November 9, 1979, letter asking whether a vehicle that you plan to produce would be classified as a truck for purposes of applying the Federal motor vehicle safety standards.

In your letter, you state that your vehicle looks somewhat like a Jeep. You state further that it is constructed on a Volkswagen truck chassis, carries two passengers, and is designed to transport property. As you know, the agency defines truck to be a vehicle that is designed primarily to transport property or speciality equipment. Since the vehicle that you plan to manufacture appears to be designed for the transportation of property and since it is constructed on a truck chassis, the agency concludes that it would be a truck for the purposes of applying the safety standards.

Sincerely,

Frank Berndt Chief Counsel

9 November, 1979

Office of the Chief Counsel National Highway Traffic Safety Adm. 400 7th St. S.W. Washington, D.C. 20590

Attn: Mr. Roger Fairchild

Dear Mr. Fairchild:

If you will recall I talked with you on the phone about one and a half months ago concerning getting a ruling as to the classification from the NHTSA on a vehicle I am in the process of building; and therefore before proceeding further I will need a ruling from your office.

A general description of the vehicle would be a fiberglass body (similiar to a Jeep) placed on my own fabricated chassis (2" by 4"-.120 wall box tubing) which is truely a truck chassis. The design of the chassis follows closely that of the VW Bus or what Volkswagen calls their type 2 vehicle and uses VW bus front torsion, rear torsion, brakes, steering, pedal assembly and other VW bus components.

Various data supplied herein points out why we feel the vehicle should be classified as a truck; especially in light of the recent classification of the American Motors Corp. "Eagle" as a truck.

Various reasons stated are as follows: 1. Vehicle is designed to carry two persons 2. Vehicle is designed to transport property a. by using the roll bar as a super-structure to build a cargo containment area b. this will be done by placing wood siding on the roll bar sides and rear 3. Ground clearance using L78-15 tires is 14.75 in. under the front torsion and 12 in. under the rear torsion (also 12 in. is the minimum ground clearance) 4. Ground clearance on my vehicle will be equal to or greater than nearly all trucks manufactured in the U.S.A. 5. Approach angle of 64 degrees 6. Chassis is designed to carry over 2000 pounds on the front axle and 2000 pounds plus on the rear axle

Projected production calls for less than 500 vehicles per year and our projected market area will be the U.S. Territories of Puerto Rico and the U.S. Virgin Islands; the reason being that the vehicle fits perfectly the climate and geography and also after traveling to these areas we have found local governments with high under-employment and more than willing to help in setting up an vehicle manufacturing facility.

However in making this facility a reality we need and actively seek the help of NHTSA, its administrators, advisors, and counsel to render assistance and relevant decisions to SMALL businesses who do not have access to corporate lawyers, the lobby folly, or other channels that big business often uses to purge the SMALL manufacturer, and more often uses to gouge the consumer.

We will await your ruling and would appreciate your earliest concern on this matter.

Sincerely,

John F. Croonquist-President