ID: nht72-5.23

DATE: 11/22/72

FROM: ELWOOD T. DRIVER FOR ROBERT L. CARTER -- NHTSA

TO: Truck Trailer Manufacturers Association

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of October 22, 1972, proposing that the "Certification" regulations (49 CFR Part 567) be amended to allow the use of "metal stamping or embossed letters" for information which must be inserted on certification labels.

We have treated your request as a petition for rulemaking persuant to 49 CFR Part 553, and have decided that it should be denied. The NHTSA is of the view that numbers and letters added in this way are frequently difficult to read. To allow their use as you have (Illegible Word) would be inconsistent with the purpose of the Certification regulations that the relevant information be provided to (Illegible Word) in as easily legible manner.

There is no prohibition, of course, of the use of stamped or embassed lettering on labels if steps are taken to make it contrast with its background.

ID: nht72-5.24

DATE: 06/12/72

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: McLaughlin Equipment Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in further reply to your letters to the National Transportation Safety Board and the Secretary of Commerce that have been referred to this office.In your letter to the National Transportation Safety Board you discuss the remounting of old school bus bodies on new truck chassis and ask, what are the implications of a body shop taking the responsibility of modifying the vehicle?" It is assumed that when you refer to modifying you mean remounting a used school bus body on a new chassis.

Persons (Illegible Words) new chassis are considered to be manufacturers within the meaning of the National Traffic and Motor Vehicle Safety Act and specifically a final stage manufacturer as defined in Part 565 of Title as of the Code of Federal Regulations.

We appreciate your bringing this situation to our attention and presently have the matter under investigation.

If you are aware of any one currently involved in this type of business (Illegible Word) might not be aware of their responsibilities, please furnish specific details.

I am enclosing the following pertinent publications:

1. National Traffic and Motor Vehicle Safety Act.

2. Notice of Publications Change.

3. Part 356 of Title 69 of the Code of Federal Regulations - Manufacturer Identification.

4. Part 567 - Certification.

5. Part 565 - Vehicles Manufactured in Two or More Stages.

6. Part 573 - Defect Reports.

7. Part 574 - Tire Identification.

If you have further questions, I will be pleased to answer them.

ID: nht72-5.25

DATE: 12/01/72 EST.

FROM: Robert L. Carter; signature by Elwood T. Driver

TO: Hatch Imports Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of December 5, 1972, concerning approvals required by the Federal Government regarding the sale of safety glazing materials.

No approval by the Federal Government is required. Certification of conformance to Federal Motor Vehicle Safety Standard No. 205 is self-certification. I am enclosing a copy of Standard No. 205 and Section 114 of the National Traffic and Motor Vehicle Safety Act of 1966.

If you are not aware of State approvals, you may want to contact Mr. Armand Cardarelli, of the American Association of Motor Vehicle Administrators, Suite 500, 1828 L Street, N.W. Washington, D.C. 20036.

If we can be of further service, please do not hesitate to ask.

ID: nht72-5.26

DATE: 08/31/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Truck Trailer Manufacturers Association

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of August 18, 1972, enclosing threesample Certification labels. Each of the three labels contains a line for inserting the gross axle weight rating for four axles. You ask whether the lines representing intermediate axles may be deleted through the use of X's for vehicles that do not have such axles.

The use of X's or similar markings to delete superfluous times is Certification labels of the type you enclose, is not prohibited by the Certification regulations. Consequently they may be used for vehicles having up to four axles.

ID: nht72-5.27

DATE: 09/18/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Truck Equipment & Body Distributors Assoc.

TITLE: FMVSR INTERPRETATION

TEXT: With reference to your phone conversation with Mike Peskoe on September 8, I have enclosed a copy of an NHTSA opinion which concludes that a person adding a snow plow to a completed vehicle is not required to certify the vehicle. In such a case, the existing certification label should be left in place. You should note that the opinion also states that if the mounting of the snow plow causes the vehicle not to conform to any applicable motor vehicle safety standard, and the vehicle is not brought back into conformity before sale, the person mounting the plow will be violating section 105(a)(1) of the National Traffic and Motor Vehicle Safety Act, and will be subject to civil penalties and other sanctions as prescribed in sections 109 and 110 of the Act.

ID: nht72-5.28

DATE: 02/08/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Oshkosh Truck Corporation

TITLE: FMVSR INTERPRETATION

TEXT:

TEXT UNAVAILABLE

ID: nht72-5.29

DATE: 08/21/72

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Oshkosh Truck Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of July 5, 1972, requesting an opinion as to how manufacturers may take into account a vehicle's speed capability in establishing GAWR.

The Certification regulations do not specify particular speed criteria for establishing weight ratings. As a minimum, however, we believe the speed chosen should reflect the maximum speed at which it is reasonable to expect the vehicle to be driven. In the case where a vehicle is subject to some low-speed uses, such as seasonal use as a snow plow, we believe the figure on the certification label should be based on that use of the vehicle in which its expected speed is greatest. The regulations do not provide for variable ratings based on speed.

Finally, you ask whether cautionary labels dealing with GAWR and GVWR figures may be installed in the cab. The NHTSA does not object to the use of such labels. They may be used, as appropriate, to indicate permissable use of higher loads in low-speed applications.

ID: nht72-5.3

DATE: 05/10/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Garsite Products Inc.

TITLE: FMVSR INTERPRETATION

TEXT: We have received the pictures of the airport refuelers which you manufacture. While these pictures were received after we had mailed our letter of April 17, 1972, to you, they confirm the opinion expressed in that letter that these vehicles are motor vehicles under the National Traffic and Motor Vehicle Safety Act, and are considered to be trucks under the Federal motor vehicle safety standards.

ID: nht72-5.30

DATE: 04/24/72

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Truck Equipment & Body Distributors Association

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of March 28, 1972, inquiring whether a State or its political subdivisions (in your particular case it is a county) may elect not to conform to any of the motor vehicle safety standards and the Certification regulations. You state that in the particular case in question the county orders new incomplete vehicles, and then transfers an old body onto the new chassis, creating a completed vehicle.

Under the existing regulations, one who transfers a used body onto a new chassis is, as you have apparently assumed, a final-stage manufacturer, and is responsible for compliance with applicable standards, and the Certification regulations. There is no exemption in the National Traffic and Motor Vehicle Safety Act, or the standards or certification requirements, for countries or other State governmental units that manufacture completed vehicles. Consequently, the county is responsible in the situation you describe for completing the vehicles in question in such a manner that they conform to all applicable motor vehicle safety standards, and for certifying conformity with the standards in accordance with the certification requirements.

We are pleased to be of assistance.

ID: nht72-5.31

DATE: 09/28/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Ingram Manufacturing Co.

TITLE: FMVSR INTERPRETATION

TEXT: I apologize for the delay in answering your letter regarding Part 585, Manufacturer Identification. You describe the vehicles you manufacture and ask whether you are a manufacturer within the meaning of the regulation and therefore required to submit information regarding your products.

Part 566 applies to manufacturers of motor vehicles and motor vehicle equipment to which a motor vehicle safety standard applies. "Motor vehicle" is defined in the National Traffic and Motor Vehicle Safety Act as "any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways". Since the portable tandem rollers you describe appear to be manufactured for construction or farm use you are not considered a manufacturer of motor vehicles and are not covered by Part 566. Therefore you are not required to submit information under that regulation. For similar reasons you are not covered by the certification requirements of Part 567 and 568 which you also mentioned.