ID: nht72-5.32

DATE: 06/06/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Garsite Products Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 4, 1972, regarding the application of the Certification regulations (49 CFR Part 567) to tank truck manufacturers. Your questions are restated below, followed in each case by our response.

1. If a vehicle ends up with a gross weight over the GVWR of the chasis are we (or anyone in our industry) liable to prosecution?

If the loaded weight of the vehicle, or the weight on an axle system, exceeds the stated ratings, the vehicle may be found to contain a safety-related defect. While a vehicle manufacturer will not be liable to "prosecution", as that term is generally understood, the failure of a vehicle to conform to applicable standards may result in the imposition of a civil penalty against its manufacturer of up to $ 1,000 for each violation, and up to $ 400,000 for each series of related violations (15 U.S.C. 1398). If a defect that relates to motor vehicle safety is discovered in the vehicle, the manufacturer will be required to notify first purchasers (15 U.S.C. 1402).

2. Is it permissible to "derate" the volumetric capacity of a tank (by setting the liquid markers low) in order to stay within the GVWR?

In assessing the safety aspects of a vehicle, the NHTSA considers all factors in the situation. These factors would include both the manufacturer's rating and the true capacity of the vehicle. I should emphasize that it is the actual situation, rather than any artificial statements or rating, that we are primarily concerned with.

3. If we so "derate" a tank and the customer subsequently fills the tank, who would be responsible for the overweight?

The NHTSA does not regulate the user of a vehicle, although other State and Federal agencies do. The way in which a user loads his vehicle may, however, bring out a safety problem related to its load-carrying capacity. An important factor to be considered is the manufacturer's expectation as to how the vehicle is to be used at the time he sells it.

4. Due to the manufacturing variations in chassis weights, tank dimensions, etc., are we allowed any tolerance on the actual weight versus the GVWR or GAWR?

While your question is somewhat unclear, the answer generally is negative. Any "manufacturing variations" in components upon which these values are based must be taken into account by the manufacturer who assembles and labels the vehicle.

Finally, with reference to your complaint that certain of your competitors are not complying with the regulations, if you will furnish to us the names of the companies involved, we will be able to take whatever action is necessary to bring such companies into conformity with our requirements. We do not publish any booklets concerning the regulations, although various trade associations have undertaken to summarize them for their members.

ID: nht72-5.33

DATE: 12/22/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Crawford and Company Insurance Adjusters

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of September 19, 1972, concerning an accident involving a 1972 International tractor which you maintain was not certified by its manufacturer as complying with applicable Federal standards. You state that the accident may have been due to "insufficient gross vehicle weight".

The Certifications regulations (49 CFR Parts 567, 558) do require final-stage manufacturers to certify the conformity of vehicles they complete, by affixing to them a label containing information specified in the regulations. In the case of vehicles manufactured on or after January 1, 1972, the regulations require that such information include a gross vehicle weight rating, and a gross axle weight rating for each axle. These ratings are set by the manufacturer based on definitional criteria found in the regulations (@ 563.3, 49 CFR @ 571.3). Your definition of a "final-stage" manufacturer, "anyone who installs a component that is not readily attachable", is correct only if the component installation is to an incomplete vehicle.

Your letter has been forwarded to our Office of Standards Enforcement, who will conduct whatever investigation is appropriate to determine whether violations of NHTSA regulations have occurred. Such an investigation does not include ascertaining the cause of any accident, or whether a particular vehicle may have been overloaded. It concerns only whether the respective manufacturers have complied with NHTSA regulations applicable to them.

If you wish to know the results of this investigation when it is completed, you may write our Office of Standards Enforcement, NHTSA, or call Mr. George Shifflett of that office at (202) 426-1693.

ID: nht72-5.34

DATE: 03/21/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Truck Equipment & Body Distributors Association

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 23, 1972, concerning the application of the Certification regulations (49 CFR Part 567) to certain vehicles and components.

You describe a device, called a "converter gear", which is used to convert a semi-trailer into a trailer, and ask whether this unit is considered to be a trailer which must be certified. You also ask whether all lamps and reflectors specified for trailers are required. We believe this device to be a trailer, as it appears from your description that it is a "trailer converter dolly" under the Motor Vehicle Safety Standards (49 CFR @ 571.3). Trailer converter dollies are specifically exempt from the requirements of Motor Vehicle Safety Standard No. 108, "Lamps, Reflective Devices, and Associated Equipment," and are consequently not required to meet the lighting requirements applicable to other trailers. In addition, there are presently no other motor vehicle safety standards applicable to trailers and consequently, trailer converter dollies need not be certified. This will no longer be the case, however, after the effective date of Standard No. 121, "Air Brake Systems." Trailer converter dollies manufactured on or after that standard's effective date will be required to comply with its requirements, and to be certified in accordance with Part 567.

You also ask how manufacturers are to determine the GVWR for semi-trailers, and whether such a figure can be based solely on the semi-trailer's axle or axles. The GVWR of a semi-trailer should not be based on the vehicle's axles. The definition of GVWR calls for the weight of a fully loaded vehicle, and normally the capacity of a semi-trailer is greater than that of its rear axles.

You describe another device, a "Jo-Dog" or detachable tag axle to be attached to a truck tractor, asking whether this unit is a "trailer" which must be certified and whether the use of such a device would alter the truck tractor to the extent that an altered certification label is required. It appears from your description of this device that it is also a "trailer converter dolly." As in the case of the "converter gear" described above, certification by the manufacturer (at the present time) is not required. Moreover, we would not consider the use of such a device to be "manufacturing" within the National Traffic and Motor Vehicle Safety Act, and no certification of any kind by a user (as distinguished from a manufacturer) would be required.

Finally you describe additional devices, a "drom," and an auxiliary cargo-carrying platform, both of which can be added to truck tractors between the cab and the fifth wheel. You ask whether the installation of such devices would constitute re-manufacturing of the vehicle and if additional certification is required when compliance to a standard is not altered.

We would consider the addition of such components to a new vehicle to be manufacturing under the National Traffic and Motor Vehicle Safety Act, and certification by the vehicle manufacturer would be required regardless of whether compliance of the vehicle to any standard is affected.

We are pleased to be of assistance.

ID: nht72-5.35

DATE: 09/28/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Truck Equipment & Body Distributors Association

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 31 and September 13, 1972, concerning certification of trailers and the addition of snow plows to completed vehicles.

In your letter of August 31 you asked how a final-stage manufacturer, or re-manufacturer, should verify a vehicle when as part of the work he performed he utilizes a used component. It is permissible for the manufacturer to certify the vehicle as if the component in question were new. You also ask for the status of a person who sells a trailer with what appears to be a kit by which the purchaser installs a section of the floor. We agree with your conclusion, assuming the floor is not "readily attachable", that such a manufacturer would be an incomplete vehicle manufacturer under Parts 567 and 568. He would consequently be required to furnish the purchaser with an "incomplete vehicle document" in accordance with Part 568, on which the purchaser can rely in completing and certifying the vehicle.

You are correct in the conclusion of your second letter that a person adding a snow plow to a completed vehicle (of which he is not the manufacturer) need not certify the vehicle, even if he must add auxiliary lights pursuant to Motor Vehicle Safety Standard No. 106. Such a person is not a complete or incomplete vehicle manufacturer, and need not report production figures pursuant to Part 573, Defect Reports.

ID: nht72-5.36

DATE: 04/11/72

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: Edward L. Adams

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 17, 1972, in which you ask for information on safety specifications as they would apply to travel trailers.

All trailers manufactured for use on the public roads are required to meet applicable Federal Motor Vehicle Safety Standards (FMVSS) in effect on the date of manufacture. Part 567 of Title 49 of the Code of Federal Regulations requires that a certification label be attached to the left front of the trailer. A specific conformity statement is required, among other things, on the label. A copy of the regulation is enclosed.

We do not have information at this time that would add to the article in the St. Louis Post Dispatch.

Thank you for your interest in the program of the National Highway Traffic Safety Administration.

ID: nht72-5.37

DATE: 06/21/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: A.B. Chance Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 31 to Mr. Schneider asking about the motor vehicle safety standards and regulations applicable to the crewcabs that you manufacture and mount on truck chassis "with and without hydraulic digger/derric equipment.

Based upon the data you submitted, your vehicle should be identified (Illegible Line) to Federal standards applicable to trucks. With respect to the crewcabs, these include standards No. 205 Glazing Materials, Standard No, 206 (Illegible Words) Retention (Illegible Word) Standard No. 207, (Illegible Line) No. 209. Seat Belt Assemblies, Standard No. 210, Seat Belt Assembly Anchorages, (Illegible Word) Standard No. (Illegible Words) Flammability (Illegible Words) materials. (Illegible Words) manufacturer, you are governed by the regulations on certification (Part 567) and vehicles manufactured in two or more stages (Part 568). There are no requirments for rollbar, ventiletion, or "impact stability."

You can find those standards and regulations at Title 49. Code of Federal Regulations, Part 571, or you may obtain a copy of all standards and regulations, updated regularly by writing the Superintendent of Documents. U.S. Government Minting Office, Washington D.C. 20402, and enclosing a check for $ 6.00. The Truck Body and Equipment Association also has a good service in the area.

ID: nht72-5.38

DATE: 03/20/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Robert Waggoner

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 16, 1972, requesting information on "a new law effective January 1, 1972, that makes it mandatory that manufacturers of truck bodies and those repairing such items must now certify their product."

The National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.) has required since January 1, 1968, that manufacturers of motor vehicles and motor vehicle equipment certify that the products they manufacture comply with all applicable Federal motor vehicle safety standards (49 CFR 571.101 et seq.). The "new law" to which you refer is actually regulations issued pursuant to Section 114 of the Act (15 U.S.C. 1403) which amended existing regulations specifying the method by which manufacturers are to certify compliance. These regulations are the Certification regulations (49 CFR Part 567) and the regulations governing "Vehicles Manufactured in Two or More Stages" (49 CFR Part 568). I have enclosed copies of both for your information.

These regulations apply to manufacturers and distributors of motor vehicles as defined in the regulations. They only apply to manufacturers of truck bodies if such manufacturers install the truck bodies on chassis, thus completing the vehicles. The regulations do not apply to one who only repairs truck bodies.

ID: nht72-5.39

DATE: 01/31/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Oshkosh Truck Corporation

TITLE: FMVSR INTERPRETATION

TEXT: (Illegible Words)

ID: nht72-5.4

DATE: 11/22/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Motor Coach Industries Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of October 23, 1972, in which you ask whether it is permissible under the Certification regulations for you to list alternative tire sizes and gross axle weight ratings on certification labels for vehicles which you sell without tires, but on which you apparently install them before delivery. You indicate that the tires are supplied by the customer, which he either owns, leases, or purchases from you.

Under the Certification regulation, you may if you wish list alternative tire sizes, and alternative gross vehicle or gross axle weight ratings, as you described in your letter. If you install the tires, regardless of whether they are owned by the vehicle purchaser, leased, or purchased from you, the tire you install should be one of the alternative sizes listed on the certification label.

ID: nht72-5.40

DATE: 03/30/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Truck Trailer Manufacturers Association

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of March 16, 1972, forwarding to us a draft of a TTMA Recommended Practice concerning GAWR and GVWR that you have developed as a guide for the truck trailer industry. You ask whether the draft is consistent with the applicable regulations (49 CFR Parts 567, 568).

The draft which you submitted is consistent with the regulations although it is much more specific than the regulations and represents just one method of achieving compliance. We appreciate your efforts in making the substance of the regulations available to this large segment of the industry.