Interpretation ID: 9730
Biomedical Manager
Mersco Medical
P.O. Box 5061
Sioux Falls, SD 57117
Dear Mr. Abraham:
This responds to your letter requesting information about "the steps to take to certify a vehicle for a higher weight rating than what is issued by the manufacturer." I apologize for the delay in our response. As discussed in your letter and in a telephone conversation with Edward Glancy of my staff, your company owns a 1989 or 1990 Chevy van which it uses to deliver products. You indicate that the GVWR assigned to the vehicle is 5,600 pounds. You modified the suspension to enable the vehicle to handle an additional 1,000 pounds and "would like to certify the vehicle for 6,600 pounds." You asked us to send the information required for increasing the GVWR and also ask, if you cannot increase the GVWR, whether you are liable for noncompliance of a DOT regulation.
By way of background information, under the National Traffic and Motor Vehicle Safety Act, the National Highway Traffic Safety Administration (NHTSA) issues safety standards for new motor vehicles and new motor vehicle equipment. Manufacturers are required to certify that their vehicles and equipment meet applicable safety standards.
Under NHTSA's certification regulations, manufacturers must assign a GVWR to new vehicles. The term GVWR is defined in 49 CFR Part 571.3 as "the value specified by the manufacturer as the loaded weight of a single vehicle." The GVWR informs vehicle owners how heavily the vehicle may safely be loaded. It also affects the vehicle's loading and other test conditions for the performance tests to ascertain whether the vehicle complies with applicable safety standards. NHTSA expects the GVWR to reflect a manufacturer's good-faith evaluation of the vehicle's size, weight, load carrying capacity, and intended use.
NHTSA's regulation on GVWR only addresses the GVWR of new vehicles. This is because the agency's safety standards apply only to new motor vehicles and new motor vehicle equipment. There is a provision, '108(a)(2)(A), in the Vehicle Safety Act
that prohibits manufacturers, distributors, dealers and motor vehicle repair businesses from knowingly rendering inoperative in whole or in part any device or element of design installed in accordance with a Federal motor vehicle safety standard. These parties would be subject to this provision if they were to modify your vehicle's suspension. However, the provision does not apply to individual owners modifying their own vehicles.
Because we do not regulate how individuals modify their own vehicles (and thus do not prohibit you from modifying your vehicle's suspension), we are unable to advise you about the specific modifications that must be made to a vehicle for it to safely carry an additional 1,000 pounds. Among other things, however, you should carefully evaluate whether the vehicle's axles, brakes, tires, and frame can adequately handle the additional load. We suggest that you consult with the original vehicle manufacturer about this question. You may also wish to consult a local attorney concerning possible liability in the event your vehicle is involved in an accident.
Also, the individual states have the authority to regulate used vehicles, and changes in the GVWR of used vehicles may be addressed by state law. State law may also address the operation of a vehicle loaded above GVWR.
I hope this information is helpful. If you have any further questions about NHTSA's regulations, please feel free to contact Mr. Glancy at this address or by telephone at (202) 366-2992.
Sincerely,
John Womack Acting Chief Counsel
ref:567 d:6/30/94