Interpretation ID: 1983-3.16

TYPE: INTERPRETATION-NHTSA

DATE: 10/27/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Rivkin; Sherman & Levy

TITLE: CSA INTERPRETATION

TEXT:

NOA-30

Mr. Donald M. Schwentker Rivkin Sherman and Levy 900 l7th Street, N.W. Washington, D.C. 20006

Dear Mr. Schwentker:

This is in response to your August 29, 1983 letter regarding the classification of a four-wheel drive vehicle with variable ground clearance, for fuel economy standards compliance purposes. The vehicle's suspension is adjustable to lower the body during cruise mode, to provide increased on-highway stability. In the high clearance mode, the vehicle meets the criteria in 15 U.S.C. 2001(3) and 49 CFR 523.5 for "automobiles capable of off-highway operation," but it would have insufficient ground clearance to meet that definition in the cruise mode.

As you correctly note in your letter, the phrase "capable of off- highway operation" focuses on the ability of a vehicle to perform off-highway functions." (Emphasis added.) The vehicle in question has high ground clearance capability when needed to facilitate off-road driving. You also note that four-wheel drive capability, one of the necessary criteria to meet the "automobile capable of off-highway operation" definition is typically not a permanent operating mode, but is selectable by the driver when needed. We conclude that the off-road driving criteria on 49 CFR 523.5 need not be met on a permanent basis, so long as the driver can control the availability of the off-road capability.

Therefore, we agree that the vehicle in question, based upon your description, would be classified as an "automobile capable of off-highway operation," and therefore included in the light truck category for standards compliance purposes. See 15 U.S.C. 2001(2) and 49 CFR 523.5.

Sincerely,

Frank Berndt Chief Counsel

August 29, 1983

Roger C. Fairchild, Esquire Office of Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20591

Interpretation of 49 CFR S523.5, Light Truck Definition

Dear Mr. Fairchild:

As you know, 49 CFR S523.5 defines a light truck for for corporate average fuel economy (CAFE) purposes under Title V of the Motor Vehicle Information and Cost Savings Act.

A vehicle may qualify as a light truck if it is an automobile (other than a passenger automobile) designed for off-highway operation . Section 523.5(b) provides that an automobile may be classified as one "capable of off-highway operation" if it ".. . has 4-wheel drive .. . and .. . at least four of the .. . (five characteristics ( specified in S523.5(b)(2)."

I interpret this regulation to mean that if these characteristics are met during certain driving modes, the automobile is "capable of offhighway operation" and is , therefore , a light truck. Specifically, if the vehicle's suspension system is adjustable to lower the body during cruise mode to provide increased on-highway stability (during which mode only two of the five specified criteria are met, rather than the required four) , the vehicle should still qualify as a light truck. The logic of this interpretation is supported by the fact S523.5(b) refers to "an automobile capable of off-highway operation" and that the 4-wheel drive characteristic specified in S523.5 (b) (1) is virtually always selectable by the operator, and not full-time. (Emphasis added.)

Therefore, I would appreciate, at your earliest convenience, confirmation of the interpretation that the required four of the five characteristics specified in 49 CFR Section 523.5(b) (2) need not be met under all driving conditions for a vehicle to be classified as a light truck for CAFE purposes.

Sincerely yours,

RIVKIN SHERMAN and LEVY Donald M. Schwentker DMS:kg