Interpretation ID: nht91-4.45

DATE: July 11, 1991

FROM: David A. McClaughry -- Harness, Dickey & Pierce

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

COPYEE: Richard L. Carlson

TITLE: Re Our Ref.: 0364-50108

ATTACHMT: Attached to letter dated 8-2-91 from Paul Jackson Rice to David A. McClaughry (A38; Part 571.7(c))

TEXT:

I am writing to request an interpretation of the applicability of the Federal Motor Vehicle Safety Standards to a sale of motor vehicles to the United States Navy.

A client that we represent is interested in bidding on a zero-emission vehicle contract. The design according to the proposed specifications may not meet some FMVSS. In order to accurately bid the project, an estimate of the required testing to certify the vehicle design is needed.

We are aware of the waiver provisions for the development and field evaluation of a low-emission motor vehicle in 15 U.S.C. S1410(a)(1)(C). In addition, the Code of Federal Regulations, 49 C.F.R. S571.7, provides a military vehicle exemption:

(c) Military vehicles. No standard applies to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications.

I am interested in understanding the scope of this exclusion. What is your interpretation of the definition of a "military vehicle?" Is a "military vehicle" confined to vehicles used in combat, vehicles that remain on military bases or any vehicle which the military purchases? Does this exclusion extend only for FMVSS or all safety standards? Are there other military safety standards that the vehicles must satisfy? Should the client attempt to obtain a certification exemption under 15 U.S.C. S1410(a)(1)(c)?

Your prompt attention to this matter is greatly appreciated. Thank you for your time and assistance.