Interpretation ID: aiam0930
Highway Safety Management Specialist
Region II;
Subject: Your memorandum of November 9, 1972, regarding th Certification regulation.; In your memorandum of November 9 you discuss a statement in a TBE Bulletin, brought to your attention by Mr. Edward Bristol of the Bristol=Donald Company, Newark, New Jersey, which Mr. Bristol interprets as holding a manufacturer responsible for a safety defect if an operator overloads a vehicle, exceeding its GVWR and GAWR's. You ask us to forward you copies of any correspondence with Mr. Bristol or TBEA regarding this matter.; We have attached a recent letter to TBEA, dated November 22, 1972 which clarifies our position, and should alleviate Mr. Bristol's concern. Our position on this issue has been that a manufacturer who properly derives his GVWR and GAWR cannot be held responsible for noncompliance with the certification regulations or a safety defect.; From: Richard B. Dyson, Assistant Chief Counsel