Interpretation ID: aiam0465
Attorney and Assistant Secretary
Rex Chainbelt
Inc.
P.O. Box 2022
Milwaukee
WI 53201;
Dear Mr. Mentzer: This is in response to your letter of October 8, 1971, in which yo expressed concern over the implications of the gross axle and gross vehicle weight ratings to appear on certification labels, beginning January 1, 1972. You requested our assurance that 'the GVWR will not be interpreted so strictly as to make liable the manufacturer whose body, if loaded to its nominally rated capacity, would exceed the GVWR indicated on the certificate.'; The GVWR and GAWR values are, within limits, to be supplied by th vehicle manufacturer based on his own knowledge of the vehicle's capacity. In the amendment to the certification regulations published October 8, 1971 (36 F.R. 19593), a requirement was added that the GVWR figure 'shall not be less than the sum of unloaded vehicle weight, rated cargo load, and 150 pounds times the vehicle's designated seating capacity.' From the standpoint of the regulation itself, the only other limit on GVWR would be that it should not be more than the sum of the GAWR's (although it may be less), since otherwise the vehicle would obviously be supplied with axle systems inadequate for its carrying capacity.; Thus, the GVWR must not be less than a figure that reflects the ful 'rated cargo load' of the completed vehicle. Obversely, if you supply a rated cargo load, the weight of the vehicle when carrying that load must not exceed the GVWR. If you supply no rated cargo load, but only the volumetric capacity, the capacity would not on its face lead to a violation of the certification regulations, since as you note the specific weight of the material carried varies considerably.; You should be aware, however, that completing the vehicle so that it apparent carrying capacity exceeds the stated weight ratings may create some risks of liability beyond the certification regulations themselves. If, for example, the vehicle suffers a hazardous malfunction in use that can be traced to overloading of its axle systems, its manufacturer may be liable both under the defect provisions of the National Traffic and Motor Vehicle Safety Act (section 113, 15 U.S.C. 1402) and under common-law product liability doctrines. In such a case, the manufacturer of the incomplete vehicle might avoid liability, leaving it all on the final-stage manufacturer, by pointing out that the design of the vehicle as completed led the user to exceed the GVWR and GAWR furnished with the incomplete vehicle.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel