B-133974, NOVEMBER 6, 1957, 37 COMP. GEN. 304

B-133974, NOVEMBER 6, 1957, 37 COMP. GEN. 304

VEHICLES - PURCHASES - LIMITATIONS - FOUR-WHEEL-DRIVE TRUCKS AS STATION WAGONS FOUR-WHEEL-DRIVE TRUCKS WITH STATION WAGON BODIES, WHICH ARE VEHICLES COMPOSED OF A HYBRID DUAL PURPOSE BODY MOUNTED ON A TRUCK CHASSIS STRUCTURALLY DESIGNED TO CONFORM TO TRUCK SPECIFICATIONS, AND CONSTRUCTED PRIMARILY FOR TRUCKING PURPOSES WITH AN AUXILIARY OR SECONDARY ABILITY TO CARRY PASSENGERS, NEED NOT BE REGARDED AS "STATION WAGONS" AS THAT TERM IS USED IN THE PURCHASE PRICE LIMITATION CONTAINED IN SECTION 201 OF THE GENERAL GOVERNMENT MATTERS APPROPRIATION ACT, 1958, 71 STAT. 53.

TO THE SECRETARY OF THE ARMY, NOVEMBER 6, 1957:

ON OCTOBER 2, 1957, THE DEPUTY ASSISTANT SECRETARY OF THE ARMY ( LOGISTICS), REQUESTED OUR DECISION AS TO WHETHER THE PURCHASE PRICE LIMITATION OF $1,950 FOR "STATION WAGONS," CONTAINED IN SECTION 201 OF THE GENERAL GOVERNMENT MATTERS APPROPRIATION ACT, 1958, PUBLIC LAW 85 48, APPROVED JUNE 5, 1957, 71 STAT. 53, IS APPLICABLE TO THE PURCHASE OF FOUR- WHEEL-DRIVE TRUCKS WITH STATION WAGON BODIES DESCRIBED IN ARMY ORDINANCE SPECIFICATION T-0.5044 AND 10.7544 ATTACHED TO SCHEDULE A" DATED JUNE 10, 1955, A COPY OF WHICH WAS ENCLOSED WITH THE LETTER.

THE CITED SPECIFICATION, SO FAR AS HERE MATERIAL, PROVIDES FOR THE ACQUISITION OF 1/2 TON 4 X 4 TRUCKS WITH STATION WAGONS BODIES FOR USE GENERALLY IN MILITARY ADMINISTRATIVE ACTIVITIES ON IMPROVED ROADS, SECONDARY ROADS AND AT TIMES OVER ROUGH TERRAIN WHERE NO ROADS EXIST AND AT TIMES EXPOSED TO SEVERE CLIMATIC CONDITIONS. INCLUDED AMONG THE MINIMUM ENGINEERING REQUIREMENTS FOR SUCH VEHICLES ARE CLUTCH DIAMETER OF 8 1/2 INCHES, 3 SPEEDS AND REVERSE TRANSMISSION, 2 SPEEDS TRANSFER CASE, SINGLE REDUCTION FRONT AND REAR AXLES, AND HEAVY DUTY REAR SPRINGS. THE TIRES ARE REQUIRED TO BE NONDIRECTIONAL MUD AND SNOW TREAD, AND THE STATION WAGON BODY IS DESCRIBED AS HAVING TWO SIDE DOORS, REAR UPPER AND LOWER LIFT GATES, AND SHALL BE SUITABLE FOR SEVEN PASSENGERS, INCLUDING THE DRIVER.

THE DEPUTY ASSISTANT SECRETARY REFERS TO OUR DECISION REPORTED AT 29 COMP. GEN. 213, WHEREIN WE HELD, QUOTING FROM THE SYLLABUS, AS FOLLOWS:

"SUBURBAN CARRYALLS" CONSTRUCTED IN CONFORMITY WITH TRUCK SPECIFICATIONS, WHICH ARE ADAPTATIONS OF PANEL TRUCKS, DIFFERING THEREFROM ONLY IN THAT WINDOW OPENINGS ARE BUILT INTO THE OTHERWISE SOLID METAL SIDE PANELS AND REMOVABLE SEATS ARE INSTALLED, MAY BE CLASSIFIED AS TRUCKS FOR MANAGEMENT, BUDGET, AND ACCOUNTING PURPOSES, EVEN THOUGH SUCH VEHICLES MAY BE USED FOR PASSENGER-CARRYING PURPOSES.

REGARDING THAT DECISION, HE SAYS THAT THE 1/2 TON 4 X 4 TRUCK WITH THE STATION WAGON BODY IS A HYBRID DUAL PURPOSE VEHICLE THAT COMBINES THE CONSTRUCTION FEATURES AND FUNCTIONS OF A PASSENGER VEHICLE AND A TRUCK, VIZ., THE FOUR-WHEEL-DRIVE IS MOUNTED ON A TRUCK CHASSIS, THE PRINCIPAL CONSTRUCTION FEATURES OF WHICH ARE DESIGNED TO CARRY FREIGHT WHEREAS THE PASSENGER CARRYING FEATURE OF THE BODY IS CONSIDERED SECONDARY. THUS, HE REFERS TO THE WILLYS 4-WHEEL-DRIVE "UTILITY WAGON," WHICH APPEARS TO EMBODY THE CHARACTERISTICS OF THE TRUCK DESCRIBED IN THE SPECIFICATIONS AND WHICH, HE POINTS OUT, IS INCLUDED IN THE DEPARTMENT OF COMMERCE MONTHLY REPORTS OF MOTOR VEHICLE PRODUCTION UNDER TRUCK PRODUCTION.

IT IS APPARENT FROM THE FOREGOING COMMENTS THAT THE SUBJECT FOUR WHEEL- DRIVE TRUCK WITH STATION WAGON BODY IS A VEHICLE COMPOSED OF A HYBRID DUAL PURPOSE BODY MOUNTED ON A TRUCK CHASSIS, WHICH IS STRUCTURALLY DESIGNED TO CONFORM TO TRUCK SPECIFICATIONS, AND CONSTRUCTED PRIMARILY FOR TRUCKING PURPOSES WITH AN AUXILIARY AND SECONDARY ABILITY TO CARRY PASSENGERS.

THEREFORE, AND IN LINE WITH OUR DECISION QUOTED ABOVE, THE VEHICLE DESCRIBED IN THE SPECIFICATION IS PROPERLY CLASSIFIABLE AS A TRUCK AND NEED NOT BE REGARDED AS "STATION WAGONS" AS THAT TERM IS USED IN THE PURCHASE PRICE LIMITATION CONTAINED THEREON IN THE CITED SECTION 201. CF. 33 COMP. GEN. 539.