Interpretation ID: nht89-1.58

TYPE: INTERPRETATION-NHTSA

DATE: 03/31/89

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: M. J. YOON -- DIRECTOR IN-ONE DEVELOPMENT CORP. SEOUL, KOREA

TITLE: NONE

ATTACHMT: LETTER DATED 11/26/88 FROM M. J. YOON TO STEVE KRATZTE -- NHTSA, 0CC 2864

TEXT: Dear Mr. Yoon:

This responds to your letter to Mr. Kratzke, asking whether a vehicle you are developing for a client would be classified as a passenger car or a multipurpose passenger vehicle for the purposes of the Federal motor vehicle safety standards. I am pleased to be able to explain our law and regulations for you. I regret the delay in responding.

At the outset, I would like to make clear that the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) places the responsibility for classifying a particular vehicle in the first instance on the vehicle's manufacturer. For this reason , NHTSA does not approve or endorse any vehicle classification before the manufacturer itself has classified a particular vehicle. NHTSA may reexamine the manufacturer's classification during the course of any enforcement actions. We will, however, ten tatively state how we believe we would classify this vehicle for the purpose of our safety standards. It is important that you understand that these tentative statements of classification are based on entirely on our understanding of the information pres ented in your letter to us. These tentative statements about the vehicle's classification may change after NHTSA has had an opportunity to examine the vehicle itself or otherwise acquire additional information about the vehicle.

With those caveats, we believe that the vehicle referenced in your letter could be classified as a multipurpose passenger vehicle for the purposes of our safety standards. The term "multipurpose passenger vehicle" is defined in 49 CFR @ 571.3 as "a moto r vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation." In your letter, you describe the vehicle as having 4-wheel dri ve. Additionally, the approach and departure angles and the running

clearance dimensions for this vehicle show that it has high ground clearance. The combination of 4-wheel drive and high ground clearance would be considered "special features for occasional off-road operation." Hence, it appears to us that this vehicle c ould be classified as a multipurpose passenger vehicles.

You also asked for a copy of the criteria for classifying vehicles for purposes of the safety standards. All of our classification definitions are set forth in 49 CFR @ 571.3. The information sheet I have enclosed explains how to obtain a copy of this and all of our other regulations, and provides other information relevant to new motor vehicle manufacturers. I have also enclosed a copy of our proposals for a new vehicle classification system for the safety standards.

I hope this information is helpful. Please let me know if you have any further questions or need additional information.

Sincerely,

ENCLOSED