Interpretation ID: aiam1628
Technical Representative
Toyo Kogyo Co.
Ltd.
23777 Greenfield Rd. Suite 462
Southfield
MI 48075;
Dear Mr. Hirai: This responds to Toyo Kogyo's October 2, 1974, question whether 'cur weight' includes only the weight of an air conditioner installed by the manufacturer at the factory, or whether it also includes the weight of an air conditioner installed by a Toyo Kogyo dealer prior to sale of the vehicle.; 'Curb weight' is defined in 49 CFR S571.3 as 'the weight of a moto vehicle with standard equipment, maximum capacity of engine fuel, oil, and coolant, and, if so equipped, air conditioning and additional weight optional engine.'; Section 108(a) (1) of the National Traffic and Motor Vehicle Safety Ac of 1966 requires that a vehicle comply with applicable Federal motor vehicle safety standards at the time of sale. Therefore, a vehicle must be capable of meeting a standard's requirements with the weight of any air conditioner that is present in the vehicle at the time of its sale, if the weight specified for compliance testing includes an air conditioning system.; We understand that your question arises with regard to the prope vehicle loading to conduct a barrier crash test under Standard No. 204, *Steering control rearward displacement*. Neither Standard No. 204 nor the SAE procedures it references, specifies vehicle weight conditions for purposes of the crash test. In the absence of a weight specification, the NHTSA concludes that the vehicle must be capable of meeting the requirement with the weight of the air conditioner included, if the vehicle is to be so equipped at the time of its sale.; As it interprets the Safety Act of 1966, the NHTSA has established th policy that a manufacturer may conduct certification testing in any manner it chooses, as long as it is calculated, in the exercise of due care, to demonstrate that the vehicle would pass if tested as specified in the standard. Thus, Toyo Kogyo could, for example, choose the air conditioner installation most adverse to barrier testing and conduct its barrier crash test with that air conditioner installed. Such testing would be evidence that the vehicle is capable of meeting the requirement with any other air conditioner installed, including the factory air conditioner.; Yours truly, Richard B. Dyson, Acting Chief Counsel