Interpretation ID: nht92-4.5

DATE: 09/15/92

FROM: WILBUR D. OWENS, III -- BOUHAN, WILLIAMS AND LEVY

TO: OFFICE OF VEHICLE SAFETY STANDARDS, NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

COPYEE: ROY E. PAUL, ESQ.

TITLE: RE: JOSEPH L. PHELPS, JR. VS. GENERAL MOTORS CORPORATION AND GRUMMAN OLSON, A DIVISION OF GRUMMAN ALLIED INDUSTRIES, INC., UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF GEORGIA, SAVANNAH DIVISION, CASE NO. CV 492-115

ATTACHMT: ATTACHED TO LETTER DATED 11-10-92 FROM PAUL J. RICE (SIGNED BY JOHN WOMACK) TO WILBER D. OWENS, III (A40; PART 571.3)

TEXT: Please note that we are the attorneys for Grumman Olson in the above-referenced lawsuit. Grumman Olson and General Motors have been sued by Mr. Phelps as a result of injuries he received in an accident while driving a 14-foot Kurbmaster, manufactured in 1977, and generally consisting of Chevy and Grumman Olson parts.

The Plaintiff has centered his case upon allegations that the vehicle had too great a tendency to roll over, that there was no three-point seat belt restraint system, and that the steering column and wheel were allowed to intrude into the space of the driver. We have looked at the current regulations concerning vehicles and would request your assistance in interpreting same and in carrying some of these regulations back to 1977.

We are interested in the current regulations covering these "step-vans" and, in particular, those which concern areas covered by the Plaintiff's theories of liability. Thus, some of our main areas of interest are from 49 CFR 571.20 through 49 CFR 571.220. We note that most of these regulations in @ S2 set forth the vehicles to which said regulation applies. Most apply to passenger cars, multi-purpose passenger vehicles, trucks, and busses. However, there are a number of exceptions for "walk-in vans". The first question we have is whether a 14-foot Kurbmaster would be considered a truck or a walk-in van, or sometimes both.

We would appreciate your assistance in informing us of how we can receive corresponding regulations for 1977. In particular, if you have someone who works for you with knowledge in the area of step-vans, we would like to be able to speak to them on the telephone to obtain a clearer understanding of the current regulations and the past regulations.

We sincerely appreciate your assistance concerning the above and look forward to speaking to you in the near future.

With best wishes, I am very truly yours.