Interpretation ID: aiam1673
Wooster's Automotive
1185 Palm Avenue
Imperial Beach
CA 92032;
Dear Mr. Wooster: This is in reply to your letter of August 22, 1974, in which yo describe a particular 5-yard dump truck which you purchased and ask whether the vehicle's weight ratings are consistent with federal requirements. You describe the vehicle as having a gross vehicle weight rating of 15,000 pounds. However, when loaded with 4-5 yards of topsoil, which you state is not an abnormal load for the truck, the vehicle weight exceeds the stated gross vehicle weight rating. The weight of the unloaded vehicle is 8600 pounds.; NHTSA Certification regulations require the vehicle manufacturer t specify on the vehicle's certification label a gross vehicle weight rating, and a gross axle weight rating for each axle. The gross vehicle weight rating must be at least the sum of the unloaded vehicle weight, 150 pounds for each passenger, and the vehicle's rated cargo load (49 CFR S567.5(a)(5)). While the unloaded vehicle weight and passenger weight can be determined objectively, the rated cargo load is a figure set by the manufacturer, based on his own assessment of the vehicle's carrying capacity and the maximum load at which the vehicle may be safely operated. The NHTSA accepts such ratings by manufacturers when established in good faith. the ratings on the certification label are intended to advise purchasers of the load limitations for the vehicle and should be considered at the time of purchase. We cannot say, therefore, on the basis of the facts you present, that the vehicle failed to conform to Federal requirements. Moreover, we cannot agree with your statement that the 'size of the brakes' do not comply with federal standards. No Federal braking standards were applicable to truck manufactured at the time this truck was purchased (July 1973).; Yours truly, Richard B. Dyson, Acting Chief Counsel