Interpretation ID: nht72-5.15

DATE: 12/14/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Jerome Palisi; Highway Safety Management Specialist

TITLE: FMVSR INTERPRETATION

TEXT: SUBJECT: YOUR MEMORANDUM OF NOV. 9, 1972, REGARDING THE CERTIFICATION REGULATION

In your memorandum of November 9 you discuss a statement in a TBEA 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 or 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.