Interpretation ID: nht74-5.33
DATE: 04/09/74
FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA
TO: Bruce J. Motyka
TITLE: FMVSR INTERPRETATION
TEXT: This is in reply to your letter of March 11, 1974, asking for suggestions regarding problems you have experienced with your pickup truck-camper unit.
It appears from your letter that no violations of Federal requirements have occurred. Motor Vehicle Safety Standard No. 126 and its companion Consumer Information requirement (49 CFR @ 575.103) about which we wrote to you through Senator Percy's office did not become effective until January 1, 1973, well after the time you bought your vehicle. Moreover, it is not correct to characterize the dealer who sold you the unit as a "final-stage manufacturer." Under NHTSA requirements a pickup truck is a completed vehicle, and a person who installs a slide-in camper into the cargo area of a truck does not become a manufacturer. While this is not the case with chassis-mount campers, it is with respect to slide-in campers.
I suggest that if you wish to proceed further you consult an attorney, who would be able to best assess your chances of success in civil litigation. The dealer's employee who told you that the "GVW plate meant nothing" was mistaken. The weight ratings provided on the plate represent the manufacturer's representation of the maximum safe weight of a fully loaded vehicle.
You might wish to examine the labels attached, pursuant to Standard No. 126 and 49 CFR @ 575.103, to later models of both the pickup truck and camper you purchased. It is possible that those models and the ones you purchased are not substantially different. If that is the case the information on the labels can provide an indication of the extent that the weight ratings were exceeded by installation of the camper unit in question.
While I regret we cannot be of further assistance I wish you success in your efforts to solve this problem.
YOURS TRULY,
March 11, 1974
Lawrence R. Schneider, Chief Counsel National Highway Safety Administration
Re: January 22, 1974 N40-30 (MPP)
Dear Mr. Schneider;
I would like to thank you for the information which you sent in response to my inquiry to Senator Charles H. Percy.
The information was quite informative, and answered many questions that I have had for some time. I was very happy to learn that the Federal Government has instituted various standards to protect the consumer from unscrupulous automobile and truck dealers.
There are still several points which are not clear to me, and in order for you to understand my problem I must start at the beginning.
During January 1972 I decided that the time had come to invest in a camper unit of some type. For a period of one month I shopped around quite diligently comparing various units and prices.
On January 26, 1972 I finally decided that a neighborhood Dodge Dealer had a camper unit that was ideal for my needs and was in the price range that I could afford.
For simplification, attached to this letter is a supplemental sheet giving truck and camper information.
After taking delivery of the unit on January 31, 1972 I noticed that the truck appeared to be under great strain from the weight of the camper.
One month later the engine was idling roughly, the transmission was not shifting properly, the engine was burning oil. I took the unit on a short weekend trip to a nearby lake and could hardly believe the lack of control I had on the highway due to high winds. On several occasions I honestly thought that at 50 M.P.H. the unit would tip right over and kill someone.
I returned to the selling dealer and asked if they improperly matched the camper to the truck. I was assured that everything was OK and that it would take a little getting used to.
As time went on the mechanical problems increased and the overall truck handling performance decreased.
During the first six month's of ownership, I made an estimated 70 trips to the dealership to correct various mechanical problems.
I also began reading various books on truck weights and truck capacities, since I was convinced that the mechanical problems were directly attributed to an overweight camper unit. It was determined at this time that the camper unit exceeded the G V W maximums for this truck. Armed with this information I paid a vist to Mr. Warren Johnson, General Manager of the Northwest Dodge Dealership. Mr. Johnson told me that the G V W plate meant nothing and that there was nothing at all wrong with the truck.
Since I did not believe Mr. Johnson, I then paid a vist to the Dodge Motor Car Division Zone Office located in Elk Grove Village, Illinois. The Dodge zone office people understood my problem but told me there was nothing that they could do. They explained that the Dodge Corporation sold a 1972 Dodge D100 Pick-Up to Northwest Dodge, their dealer. Northwest Dodge purchased a Rover Camper from Coachmen Industries. I was told that Northwest Dodge was the final stage manufacturers and that they would be responsible.
Still having severe mechanical problems with the unit, I went to another Dodge dealer and asked their service department to check the unit over and tell me what was wrong. This Dodge dealer told me and also put in writing that the unit was overweight. The D100 1/2 ton pick-up could not safely handle the weight of the camper.
I might interject at this point that I received a recall notice from Dodge during the early part of 1972, asking me to return the unit to the selling dealer to have the bolts tightened on the truck bed. This I did, but the selling dealer charged me $ 20.00 to fullfill the obligation of the recall notice.
Other problems which I have had with the unit which might be of interest to you:
1. Broken right front coil spring.
2. Transmission does not shift properly.
3. Engine overheats.
4. Chipped exhaust valve (1 cylinder).
5. Four leaking shock absorbers.
6. Uneven tire wear.
7. Engine burns oil.
8. Two tires developed "bubbles" on sides due to excess weight.
10. Cracked exhaust valve (another cylinder) and two bent pushrods.
11. Two rear leaf springs out of shape. The two rear leaf springs instead of retaining a "U" shape, point completely downward. This is completely opposite their normal shape.
12. Splits in the metal on the bed of the truck.
In addition to all of these problems so far I now have a new problem. I recently took the unit to a State of Illinois safety test lane. This is a requirement in the State of Illinois before license plates are issued. Well naturally the unit was declared unsafe.
It is quite obvious now that Northwest Dodge purchased a one half ton Dodge D100 Pick-Up from the Dodge people. They also purchased a Rover Slide On camper unit from Coachmen Industries and put the two units together, qualifying Northwest Dodge as a Final Stage Manufacturer. It seems that Northwest Dodge violated Federal standards. What can be done about it now?
Can the Department of Transportation force Northwest Dodge to correct what they did? Can you force the dealership to reimburse me for the hundreds of dollars that I have been required to pay? Shouldn't Northwest Dodge be forced to beef up the truck to Federal specifications? Would it be wise or profitable to institute a civil action against Northwest Dodge for fraud? How can a consumer be treated this way by a dealership? It seems that there is no concern for the consumers safety at all!
I hope that I have given you enough information to properly evaluate the situation. Any information, assistance, or help that you can provide will be sincerely appreciated. You people are the experts and I would be gratefull for any solutions that you can provide.
Sincerely,
Bruce J. Motyka
Enclosure
Bruce J. Motyka
General Information
Date of purchase: January 26, 1972
Date of delivery: January 31, 1972
Description of unit: 1972 Dodge-D100 1/2 ton Pick-Up 318-V8 Engine Power Disc Brakes Automatic Transmission Power Steering G78 X 15(Illegible Word) car tires Rover Slide on Camper Model #708-3M
Purchased from: Northwest Dodge, Incorporated 1439 S. Lee Street Des Plaines Illinois 60018
G V W Weight Plate attached to truck: Make Dodge Model D10 V.I.N. D14AE23503564 T.O.N. R0912043 G V W as M F G D 05200 MAX FRONT CAP 2800 MAX G V W 05200 MAX REAR CAP 2945
Equipment I D: 1972 Dodge D100 Wheel Base 131 Rear Springs 1350 Front Springs 1300
Camper Unit: 1972 Rover Slide on Camper Model #: SM708 Serial #: 708721251 Unloaded Shipping Weight: 990
Vehicle Weighed: Front 2,800 LBS Rear 3,985 LBS
Total 6,785
Truck camper weighed by licensed certified weigmaster.
Truck camper loaded with gas, water, food, camping supplies, clothes and two adult males.