Interpretation ID: nht79-1.27

DATE: 02/15/79

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: City of Royal Oak

TITLE: FMVSR INTERPRETATION

TEXT:

FEB 15 1979

NOA-30

Mr. William J. Baldridge City Manager City of Royal Oak P.O. Box 64 Royal Oak, Michigan 48068

Dear Mr. Baldridge:

This responds to your December 21, 1978, letter asking the National Highway Traffic Safety Administration (NHTSA) to permit the City of Royal Oak, Michigan to obtain a waiver from the safety standards applicable to one of its vehicles. In particular, you ask that several standards be waived because the vehicle, as altered by the addition of an aerial bucket, would no longer comply with them.

Your letter does not clearly indicate the cause of the noncompliance with Federal safety standards. The NHTSA concludes that the noncompliance probably arises because the altered vehicle will exceed the "unloaded vehicle weight" that is used in determining its compliance with several of the agency's standards. Although the agency appreciates the problems that your city has with obtaining a complying vehicle, the NHTSA has no authority to grant exemptions from safety standards for individual vehicle users.

The manufacturer and alterer of the vehicle are responsible for certifying that it complies with all Federal safety standards. The Federal government does not issue certificates that any vehicle complies with safety standards. The manufacturer or alterer, as part of its certification, must insure that its vehicle does not exceed the weight restrictions that are appropriate for the vehicle. Accordingly, if a vehicle alterer has informed you that an alteration cannot be done without exceeding the manufacturer's established weight restrictions, then the alterer could not truthfully certify the vehicle for compliance.

The NHTSA regrets the problems caused to Royal Oak by the implementation of the safety standards. The agency has received a petition from the Truck Body and Equipment Association asking for rulemaking to prevent future problems such as yours. The NHTSA currently is evaluating that petition. To resolve your problem, the agency suggests that you consider selling the chassis and utility body that you currently own and purchase another chassis and body that has a sufficient "unloaded vehicle weight" to accommodate the alteration you intend. This will enable the vehicle that you finally obtain to comply with the safety standards. These standards improve vehicle safety, and we are sure that Royal Oak would not want to purchase an unsafe vehicle.

Sincerely,

Joseph J. Levin, Jr. Chief Counsel

December 21, 1978

Joan Claybrook, Administrator National Highway Traffic Safety Administration 400 - 7th Street, S.W. Washington, D.C. 20590

Dear Ms. Claybrook:

The City of Royal Oak, Michigan has encountered a problem with the new "Federal Motor Vehicle Safety Standards, MVSS 212, 219 and 301, which reduce the maximum unloaded weight of trucks with a GVWR of 10,000 pounds or less. Apparently these new standards were issued September 1, 1978.

The City of Royal Oak advertised in August 1978 for bids on a one (1) Ton Cab and Chassis with a G.V.W.R. of 8,000 pounds or greater, which was adequate to mount an aerial bucket weighing 2,120 pounds. An aerial bucket was not bid at that time, since an application was pending with the Office of Highway Safety Planning for a matching grant.

The low bidder on the truck, bid a 1979 G.M.C. one (1) Ton Cab and Chassis, with utility body, with a 10,000 pound G.V.W.R. The intent was to mount a twenty-four (24) foot articulating aerial bucket on this vehicle. This would provide us with a small truck which could be used for emergency repairs to traffic signals. The aerial bucket was to be powered with a small, self contained engine for energy savings.

We have now been informed by the local company that mounts aerial buckets, that it cannot install the bucket on the one Ton truck already received, because the vehicle does not meet the new Federal Motor Vehicle Safety Standards. Nearly $7,400 has been spent for the utility body truck, which is of no value to the City except for mounting the aerial bucket.

Therefore, it is requested that the National Traffic Safety Administration allow the City of Royal Oak to mount the proposed twenty-four foot aerial bucket on the 1979 GMC one (1) Ton truck in accordance with the Safety Standards that were in effect at the time the truck was bid. It is further requested that your office issue a certificate that will allow an installation company to mount the aerial bucket on the new vehicle and issue the required certification.

Your immediate attention to this matter will be appreciated.

Sincerely,

CITY OF ROYAL OAK

William J. Baldridge City Manager