Interpretation ID: nht81-2.24

DATE: 05/12/81

FROM: AUTHOR UNAVAILABLE; Stephen P. Wood for F. Berndt; NHTSA

TO: Severy, Inc.

TITLE: FMVSR INTERPRETATION

TEXT:

May 12, 1981 NOA-30

Mr. James J. Schultz Severy, Incorporated 2233 El Segundo Boulevard El Segundo, California 90245

Dear Mr. Schultz:

This responds to your recent letter asking whether a 4-wheel drive pickup truck must comply with Safety Standard No. 216, Roof Crush Resistance. You also ask whether the definitions of vehicle classifications under Federal regulations are mutually exclusive.

The application section of Safety Standard No. 216, section 3, specifies that the standard applies to passenger cars. This means that the standard applies only to passenger cars. Therefore, the standard does not apply to a pickup truck.

The definitions of the basic vehicle classifications found in 49 CFR Part 571.3 are mutually exclusive. If a vehicle falls within the definition of a "truck," the vehicle is not also within the definition of a "passenger car." The definition of a passenger car does not specifically exclude trucks because the definition is based on the function of the vehicle. Thus, a passenger car is defined as a motor vehicle designed for carrying persons. A truck, on the other hand, is defined as a vehicle designed primarily for the transportation of property or special purpose equipment. Since a pickup is designed primarily for carrying property and not persons, it is a truck and not a passenger car. Each motor vehicle has a certification label attached to its door which specifies the vehicle's classification.

I hope this has clarified any questions you had concerning vehicle classification under the Federal Motor Vehicle Safety Standards.

Sincerely,

Frank Berndt Chief Counsel

April 15, 1981

Chief Council NHTSA 400 7th St. S.W. Washington, D.C. 20590 ATTENTlON: MR. OATES

Gentlemen:

We have been retained in numerous instances in litigation which involve the Federal Motor Vehicle Safety Standards and in particular their application. The issues usually involve the definitions of various vehicle types ad to what category a given vehicle belongs. Currently we are working on a case that involves a 4-wheel drive pickup truck with bucket seats. The allegations being made are that this vehicle must conform with FMVSS 216 since the definition of passenger car does not exclude this type of pickup. In order to satisfy that question and others, please send me a letter of interpretation that is specific for this instance and also general to cover other such questions. These questions are:

(1) Does federal law require a 4-wheel drive pickup with either bucket seats or a bench seat to conform to FMVSS 216?

(2) Are the definitions of vehicles in the act mutually exclusive and if so, how does one determine which category applies to any given vehicle.

Please have the letter of interpretation made official and certified.

Very truly yours,

James J. Schultz

JJS:ln