Interpretation ID: 2868o

Mr. James P. Nolan, Jr.
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 l987 Cadillac hearse requires a center high-mounted stop lamp. You have asked for the specifications 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 l0 persons or less." A "multipurpose passenger vehicle" is one "designed for carrying l0 persons or less which is constructed 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 standards 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 "lGED09", and that its final stage assembler, Superior, had certified it as an "MPV" (multipurpose passenger vehicle). 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." This 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 you 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 ref:l08#571 d:5/4/88