Interpretation ID: nht79-4.14

DATE: 06/15/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Subaru of America Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of May 23, 1979, addressed to Ms. Eileen T. Leahy of my staff, in which you provide further information in support of your earlier request for this agency's opinion as to whether a 1980 4WD Hatchback Sedan to be imported by Subaru of America can be classified as a multi-purpose passenger vehicle (MPV).

As I stated to you in my letter of May 31, 1979, the fact that a vehicle is equipped with four-wheel drive is not, in itself, sufficient to qualify the vehicle as an MPV, as that term is defined in 49 CFR @ 571.3. Your second letter lists six other features of the 1980 hatchback sedan which you state are designed to permit occasional off-road use. The additional features you describe are: a ground clearance of 8.07 inches, or 1.57 inches higher than a similar 2WD vehicle; adjusting devices to permit an additional 0.78 inches of ground clearance front and rear; an engine under-cover to protect the engine from rocks and other debris; a clutch cover to prevent entry of dust and sand; bumper overriders to protect front and rear bumpers; and a tubular guard in front of the air dam for protection from rocks and other debris.

The ground clearance you describe exceeds that specified in the definition of automobiles "capable of off-highway operation" contained in the fuel economy regulations (49 CFR @ 523.5 (b)(2)(iv)). In addition, the other features you describe appear to be designed to protect various parts of the vehicle from damage from rocks, sand and other types of debris that are more likely to be encountered in off-road driving. Therefore, all of the items you mention can be considered "'special features for occasional off-road operation" when determining the proper classification of the vehicle for purposes of compliance with Federal Motor Vehicle Safety Standards.

Since the vehicle as you have described it in your letters has several features in addition to four-wheel drive that make it suitable for occasional off-road use, it is the agency's opinion that the 4WD Hatchback Sedan would qualify as a multipurpose passenger vehicle.

SINCERELY,

May 23, 1979

Eileen Leahy Office of Chief Counsel U.S. Dept. of Transportation National Highway Traffic Safety Adm.

Re: 1980 4WD HB Sedan MPV

Dear Ms. Leahy: On April 23rd, our letter No. 056-79C requested your office's opinion regarding MPV classification of this carline. Based upon our recent telephone conversation, we provide the following list of special features, which in addition to four-wheel drive, will permit this vehicle to be operated for occasional off-road use.

1. The ground clearance is 8.07 inches which is 1.57 inches higher than a similar 2WD vehicle.

2. It is equipped with adjusting device(s) to further increase the ground clearance, both front and rear by an additional 0.78 inches.

3. An engine undercover is installed to protect the engine from rocks and other debris.

4. A special clutch cover is provided to prevent the invasion of dust and sand.

5. Bumper overriders are provided on front and rear bumpers to protect bumpers.

6. A tubular guard is placed in front of the air dam for protection from rocks and other debris.

Should you have any questions, please contact this office.

John Cordner Technical Assistant Product Compliance