Interpretation ID: nht88-2.23

TYPE: INTERPRETATION-NHTSA

DATE: 05/09/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Nolan and Taylor-Howe Funeral Home, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

President Nolan and Taylor-Howe Funeral Home, Inc. 5 Laurel Avenue Northport, NY 11768

Dear Mr. Nolan:

This is in reply to your letter of March 24, 1988, enclosing a letter you have received from the Department of Motor Vehicles, New York State, advising you that your 1987 Cadillac hearse requires a center high-mounted stop lamp. You have asked for the sp ecifications of such a lamp.

The center high-mounted stop lamp is required only on passenger cars. A passenger car is defined as a motor vehicle "designed for carrying 10 persons or less." A "multipurpose passenger vehicle" is one "designed for carrying 10 persons or less which is c onstructed either on a truck chassis or with special features for occasional off road operation." A "truck" is defined as a motor vehicle "designed primarily for the transportation of property or special purpose equipment." The agency recognizes chassis constructed for commercial use, such as a hearse, as the equivalent of a truck chassis. The determination of vehicle category is initially that of the manufacturer or final stage assembler who certifies compliance with all Federal motor vehicle safety st andards applicable to the category of vehicle selected. In our opinion, a hearse could be properly certified as a either a "multipurpose passenger vehicle," or a "truck."

In a conversation with Taylor Vinson of this Office on April 29, you informed us that the first six characters of the VIN of your hearse are "1GEDO9", and that its final stage assembler, Superior, had certified it as an "MPV" (multipurpose passenger vehi cle). The "G" in the VIN identifies it, according to internal documents of the initial stage manufacturer, General Motors, as "Cadillac Incomplete Coaches" (meaning, it would appear, funeral coaches), and the "9" as "Cadillac Commercial Body/Chassis." Th is chassis does not form the basis of any passenger car completed by Cadillac. The letter from New York State states "The manufacturer claims that funeral cars are classified as multipurpose vehicles and do not require the lights." This is correct, as yo u have told us that Superior has classified it as an MPV, and certified its compliance to all standards applicable to that vehicle category. As the center high-mounted stop lamp standard is not one of those applicable to multipurpose passenger vehicles, there is no Federal requirement that your hearse be equipped with such a lamp.

We appreciate your interest in safety, and trust that this answers your question.

Sincerely,

Erika Z. Jones Chief counsel

U.S. Department of Transportation National Highway Traffic Safety Administration Office of Standards Compliance 400 Seventh Street, S.W. Washington, D.C. 20590

RE: 1987 CADILLAC HEARSE AND THIRD BRAKE LIGHT

Gentlemen:

Enclosed please find a copy of the letter we received from the New York State Department of Motor Vehicles dated March 16, 1988. They have determined that the above vehicle should be required to have a third brake light.

I would like to know what the requirements are as to its specific location, size. etc.

Please forward any and all pertinent information regarding the above to this office.

Thank you in advance for your assistance.

Yours truly,

NOLAN & TAYLOR-HOWE FUNERAL HOME, INC. James P. Nolan, Jr. President

JPN:plg ENC:

Mr. James P. Nolan, Jr. Nolan & Taylor-Howe Funeral Home, Inc. 5 Laurel Avenue Northport, L.I., NY 11768

Dear Mr. Nolan:

In your letter dated February 22, 1988, you asked if a third taillight is required on a 1987 Cadillac hearse. The manufacturer claims that funeral cars are classified as multi-purpose vehicles and do not require the lights.

Federal Motor Vehicle Safety Standards require a third brake light on 1986 and newer passenger motor vehicles. Multi-purpose passenger vehicles are exempt from this requirement. A multi-purpose passenger vehicle is a vehicle which is built on a truck cha ssis and has certain features making it suitable for off-road operation. I do not believe a hearse can quality as a multi-purpose passenger vehicle. Therefore, I believe your hearse requires a third brake light.

The Department of Motor Vehicles' has no control over a manufacturer located in another state. I suggest you write to the U.S. Department of Transportation, National Highway Traffic Safety Administration, Office of Standards Compliance, 400 Seventh Stree t, S.W., Washington, D.C. 20590. The National Highway Traffic Safety Administration has the authority to require the manufacturer to recall every vehicle to bring it into conformity with the standards.

I trust this information will be of assistance to you.

Very truly yours,

ARTHUR L. ALOWITZ Assistant Counsel