Interpretation ID: GF004408
Mr. Michael Kastner
Director of Government Relations
National Truck Equipment Association
1300 19th Street, NW, 5th Floor
Washington, DC 20036-1609
Dear Mr. Kastner:
This is in response to your letter of June 22, 2004, in which you requested interpretation of certain vehicle labeling requirements in S4.3 of the Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims, as amended by a final rule that responded to petitions for reconsideration, published on June 3, 2004 (69 FR 31306).
S4.3 requires that each vehicle subject to the standard contain either a single vehicle placard with certain tire information, or a vehicle placard and a supplementary tire inflation pressure label, affixed to the drivers side B-pillar. S4.3(a) requires that each placard show vehicle "capacity weight" expressed as "The combined weight of occupants and cargo should never exceed XXX kilograms or XXX pounds."
In the context of dealers possibly installing additional equipment onto the vehicles, you ask whether alterations that result in even small changes in vehicle weight necessitate applying a new placard onto that vehicle. In some circumstances, a new placard would be needed.
Vehicle capacity weight is defined in FMVSS No. 110 as the rated cargo and luggage load plus 68 kilograms (150 pounds) times the vehicles designated seating capacity. As explained in an April 25, 2002, letter to Mr. Kenneth Conway, the term "rated cargo and luggage load" is not defined in our standards, but generally, it refers to the vehicle manufacturers determination of the cargo and luggage carrying capacity of the vehicle. As explained below, the vehicle capacity weight cannot exceed the difference between the Gross Vehicle Weight Rating (GVWR) specified by the manufacturer and the unloaded vehicle weight.
Under 49 CFR 567.4(g)(3), vehicle manufacturers cannot specify a GVWR that is less than the sum of the unloaded vehicle weight, rated cargo and luggage load, and 150 pounds times the vehicles designated seating capacity. That is, the GVWR must be equal to or greater than the unloaded vehicle weight plus the vehicle capacity weight.
"Unloaded vehicle weight" is defined in 49 CFR 571.3 as "the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle, but without cargo, occupants, or accessories that are ordinarily removed from the vehicle when they are not in use."
Under 49 U.S.C. 30112, a dealer may not sell vehicles or equipment that do not comply with applicable safety standards. Also, 49 U.S.C. 30122 prohibits dealers and certain other entities from "making inoperative, in whole or in part" any part of a device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard. Accordingly, a dealer must replace the vehicle placard if, after the dealer installs additional equipment, the information required by S4.3(a) is no longer accurate.
In order to determine if the vehicle capacity weight has changed as a result of installing additional equipment, a dealer can subtract the unloaded weight of the vehicle (with any additional equipment installed by the dealer) from the GVWR. If the resulting vehicle capacity weight is below the amount stated on the placard, the dealer must replace the vehicle placard because the information required by S4.3(a) will no longer be accurate.
If the GVWR specified by the vehicle manufacturer is greater than the sum of the unloaded vehicle weight (prior to installation of additional equipment) and the vehicle capacity weight specified on the vehicle placard, then there may be instances where installation of small amounts of additional equipment would not diminish the vehicle capacity weight specified on the placard. That is, the difference between the GVWR and the new unloaded weight of the vehicle (with additional equipment installed by the dealer) would not be less than the vehicle capacity weight specified on the placard.
I hope you find this information helpful. If you have further questions, you may contact Mr. George Feygin of my staff at (202) 366-2992.
Sincerely,
Jacqueline Glassman
Chief Counsel
ref:110
d.9/30/04