Interpretation ID: nht74-3.24

DATE: 10/01/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Northland Equipment Co. Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 19, 1974, which refers to our letter of July 17, 1974, to the Distributors' Association regarding the use of the incomplete vehicle manufacturer's gross vehicle weight rating by a final-stage manufacturer who adds an additional axle to the vehicle. Our position in that letter was that a gross vehicle weight rating which was so unrelated to vehicle capacity that it suggests a motive such as avoidance of an applicable standard could be construed as a false and misleading certification or a potential safety related defect. You point out that this result works a hardship on persons who customarily add axles because they are unable to determine an appropriate gross vehicle weight rating to use for Certification purposes.

The NHTSA's concern, and indeed the thrust of the Certification requirements, is that vehicles as manufactured will conform to all applicable safety standards when carrying expected loads. However, we are not unmindful, and do not wish to give the impression of ignoring, practical problems connected with compliance with the requirements. Our hope is that the industries involved could collectively resolve their mutual problems, preferably without, but possibly with, assistance from Government regulation. We would certainly consider any concrete proposals for amending the regulations applicable to incomplete and intermediate vehicle manufacturers to resolve this problem, as long as such proposals do not abrogate the primary purposes of the requirements. The use of the incomplete vehicle manufacturers weight ratings is not satisfactory in this respect. We would welcome any future communications you or the various associations might have with respect to possible solutions to this problem, and will be happy to meet with you at your request.