Interpretation ID: nht76-1.43

DATE: 06/23/76

FROM: AUTHOR UNAVAILABLE; T. W. Herlihy for S. P. Wood; NHTSA

TO: Little Dude Trailer Company, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your March 26, 1976, letter concerning the certification label requirements in S5.3 of Federal Motor Vehicle Safety Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars.

You have pointed out that the example shown in S5.3 presents rim, inflation, and maximum speed information after the Gross Vehicle Weight Ratings (GVWRs) as well as after the Gross Axle Weight Ratings (GAWRs). You have suggested that the text of S5.3 merely requires such information to appear after the GAWRs and urged such an interpretation. It appears that you have misunderstood the text.

In its present form, S5.3 requires each listed GVWR and GAWR to be followed by the information specified in paragraphs S5.3(a) through (d). Paragraph (a) is divided into subparagraphs (a)(1) and (a)(2) in order to specify different items to follow GVWR and GAWR, respectively. Paragraphs (b) through (d) (which specify rim, inflation, and maximum speed information) are not subdivided because the same items are intended to follow GVWR and GAWR.

Several petitions for reconsideration of the standard have requested an amendment of S5.3 to eliminate the requirement that tire and rim information appear after the GVWR. Your suggestions on this matter, as well as the other suggestions in your letter, are being considered by the National Highway Traffic Safety Administration in the preparation of its response to those petitions.

Please note that the effective dates of several of the standard's requirements, including that of S5.3, were delayed in a Federal Register notice published on May 6, 1976 (41 FR 18659; Docket No. 71-19, Notice 4). A copy of that notice is enclosed for your convenience.

YOURS TRULY,

little dude TRAILER COMPANY, INC.

March 26, 1976

James B. Gregory Administrator National Highway Traffic Safety Administration Department of Transportation

Re: Safety Standard 120

We have some questions and comments regarding the subject standard. On page 3480 (S5.3) you cover the requirements of the certification label. Part (a) (1) states, "After GVWR, the size designation of tires appropriate as a minimum for the GAWR's corresponding to that GVWR." Paragraph (a) (2) then goes into GAWR which is to be followed by (b), (c), and (d) as well as the appropriate tire size. On the surface, it appears that the GVWR is to be followed only by tire size; yet, your example shows it (GVWR) followed by everything, even though it is a duplication, that follows GAWR. Which is correct? If the example is correct, why should rim size, cold inflation, and maximum speed be repeated since they obviously must be the same?

Now, as to your discussion of the comments. On page 3478, 3rd column, 2nd paragraph, you state that the commentors pointing to the large number of possible combinations making the decal too large and confusing are not correct because they fail to fully understand the rule. We have no doubt that this is true on the comprehension part; but we cannot possibly see how rim designation, tire inflation, and maximum speed can be of any possible use to the consumer when the tires on the vehicle need not be listed. We hope that people do not apply this info in servicing, driving, or replacing a larger size tire than appears on the decal. The obvious question is, if these items don't have to apply to the tires on the vehicle, what good are they?

We feel that the comments about the size of and confusion on the decal definitely are pertinent to boat trailers even if not pertinent to cars and trucks. We are limited in size (3" to 5") for vertical decal expansion; consequently, we can only go horizontally to add the new information. Since some decals encompass as many as 4 GVWR's and GAWR's (8 on a tandem) we could very easily have one whole side of the trailer which would require no paint. What you failed to realize in your comment interpretation is that 99% of the changes in tires on boat trailers are made to change capacities; therefore, your answer that the law does not require the listing of more than one tire size is just not applicable to trailers. The changing of tires changes both the GVWR and the GAWR which adds all of your additional information in as much as fourfold for GVWR and up to eightfold on GAWR for a tandem. Some trailer manufacturers even go as far as 3 axles. The only alternative to this horrendous decal that no one could read or understand is a separate one for each capacity trailer. This alternative would be utter chaos for the Marine Industry and any other trailer shipped in a knocked down condition. When the same frame has up to 4 different running gear and load capacity combinations there is no assurance that our assembly people will be able to distinguish which decal goes with which running gear. Needless to say, the people putting trailers together for a dealer will never get them right or even care. The inventory duplication will be impossible for the manufacturer and his customers.

For once, why can't trailers be excepted from the laws governing cars and trucks? They are entirely different both in type and use. Between the lighting, decal, new warranty requirements, and cutting of tire capacities, we are fast protecting the consumer fully. Since all these costs must be passed on, the consumer will soon be unable to afford a trailer; hence, full protection because no one will have one.

No Marine Dealer or consumer that we have talked to knows or cares what GVWR and GAWR means. Furthermore, most trailer manufacturers buy their wheels and tires mounted. The rim information is to be on the wheel, capacity and inflation pressure are on the tires, and the over-the-road speed limit is 55 MPH. Aren't these items enough? They are certainly a safer guide than the decal information which you admit may or may not apply to the tires on the trailer. The only problem would be a disreputable tire or trailer manufacturer mounting a high capacity tire on a lower capacity rim. The trailer manufacturers that would do this aren't legal on lights and decal (some don't even have one) now; so, they won't be affected anyway, and the tire companies simply can't afford to run that kind of risk. This will be just another means of making reputable manufacturers less competitive with our already illegal "backyard" competitors. They never even paid their excise tax and certainly aren't worried about a decal.

Please advise:

1. Whether the example or the language is correct,

2. If we have misinterpreted anything,

3. If there is any way trailers, can be excluded from the new decal requirements.

Richard L. Rogers President

cc: CHUCK VERRILL; JEFF NAPIER