Interpretation ID: nht87-2.96

TYPE: INTERPRETATION-NHTSA

DATE: 09/18/87 EST

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: JAMES R. THOMPSON -- VICE PRESIDENT OF MARKETING, DUTCHER MOTORS, INC.

TITLE: NONE

TEXT: This letter responds to your inquiry concerning classifying a vehicle, the "TransiTaxi," which your company manufactures. You inform us that although in 1985 you classified this vehicle as a bus, you now have a question whether this is a proper classifi cation. You state that you use Ford truck components in your vehicle design, and describe your vehicle as larger than the Ford Bronco.

You state further that if you must classify this vehicle as a "passenger car," you would find it "financially impossible to go through the crash-testing procedures required." You ask us to consider issuing either an interpretation or an exemption, cite y our maximum annual production of only 500 units as a factor, and offer to bring a "demonstrator" vehicle to Washington. You enclose specifications with your correspondence that say the standard "TransiTaxi" seats a maximum of seven passengers.

First, please understand that under our certification requirements (49 CFR 567) for the vehicle safety standards, a manufacturer initially determines a vehicle's type using the definitions set out in 49 CFR @ 571.3, and certifies that the motor vehicle c omplies with all applicable Federal motor vehicle safety standards applicable to that type. However, a manufacturer's classification does not bind the National Highway Traffic Safety Administration (NHTSA).

Under @ 571.3, a "'Bus' means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." Since your vehicle is designed to carry a maximum of seven passengers, it appears that your vehicle is not a bus.

Your specifications indicate your use of design elements associated with a truck chassis. For example, the front twin I-beam suspension (coil springs) is designed for trucks, and the ground clearances and curb weight more nearly match truck specificatio ns than for other types of

motor vehicles. NHTSA concludes, therefore, that you are building your "Transitaxi" on a truck chassis.

Because you build this vehicle on a truck chassis and design it to carry 10 persons or less, it appears that your vehicle is a "multipurpose passenger vehicle" as that term is defined in 49 CFR @ 571.3, Definitions. Once a proper classification for your vehicle has been determined, it is your responsibility under the National Traffic and Motor Vehicle Safety Act and agency regulations, to certify that each vehicle you manufacture meets any standard applicable to it on the date of manufacture. A multip urpose passenger vehicle must meet crash tests under some applicable standards.

If in the past you have sold motor vehicles without certifying that they meet the standards that apply to that type, or if your certification is improper because your vehicles fail to meet applicable standards, the law would require you to conduct a vehi cle notice-and-recall campaign and make your vehicles comply.

A manufacturer of 10,000 vehicles or less per year may petition the agency for a temporary exemption from any safety standard if complying with the standard would cause the manufacturer substantial economic hardship. If NHTSA were to grant a petition su ch as this, the manufacturer must make a good faith effort during the exemption period to bring the vehicle into compliance. However, if the agency were to grant an exemption, that grant would not cure past failures to comply. Given your production vol ume, you may wish to consider petitioning for an exemption. I enclose a copy of 49 CFR Part 555 which sets out the exemption procedures.

Sending NHTSA the information that Part 555 requires to support an exemption petition will give the agency what it needs to make an informed judgment of the petition's merits. Therefore, it is unnecessary for you to bring the vehicle here for a demonstr ation.

Although it appears from the attachments to your letter that you are purchasing separate components instead of incomplete vehicles (See 49 CFR @ 568.3) from Ford, we note that many small manufacturers producing special vehicles use incomplete vehicles pu rchased from a large manufacturer like Ford. To facilitate certification by the small manufacturer (called a "final stage manufacturer" by Part 568) of the completed vehicles, Part 568 requires the incomplete vehicle manufacturer to supply a document wi th each incomplete vehicle. The incomplete vehicle manufacturer can be particularly helpful by stating either that the vehicle, when completed, will conform to a safety standard if no alterations are made to identified components, or that the vehicle, w hen completed, will conform if the final stage manufacturer meets specific conditions regarding the completion process.

The final stage manufacturer would still have to certify compliance with any applicable standard not listed in the incomplete vehicle manufacturer's document. Whether Ford, who apparently sells you components instead of incomplete vehicles, may assist i n the certification process is a matter which our regulations do not address. You may wish to take up the matter with that company.

Finally, if you wish to certify your Transitaxi as a bus, you may wish to consider using a larger chassis suitable for completion with the requisite seating capacity.

I hope you find this information helpful.

Enclosure