Interpretation ID: nht72-5.11

DATE: 04/20/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: White River Distributors Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of March 30, 1972, concerning your earlier letter to us of March 6, 1972, which we answered on March 22. You indicate that you have received trucks with identical specifications, but with different GVW ratings, and ask, why is it permissible for a manufacturer to place different GVW ratings on identical vehicles. You state further that, based on our letter, you have concluded that it is the responsibility of the user to see that the GVW rating assigned by the final-stage manufacturer is not violated.

As we indicated to you in our letter of March 22, 1972, there is nothing in the regulations that prohibits a manufacturer from placing different GVW ratings on identical vehicles, as long as the rating in each case meets the requirements of sections 567.4(g)(3) or 567.5(a)(5), whichever is appropriate. Manufacturers may have various reasons for changing the GVWR or GAWR of vehicles they manufacture, and the regulations allow them to do this. As we indicated to you previously, final stage manufacturers such as yourself might resolve this problem by specifying the desired weight ratings in your purchase order.

Your statement that it becomes the user's responsibility to see that the GVWR assigned by the final stage manufacturer is not violated is essentially correct. However, the requirement for affixing the GVWR and GAWR to a vehicle should not be confused with the requirements pertaining to the overloading of vehicles. The latter are presently primarily a matter of state enforcement, and do not affect the requirements of final stage manufacturers to affix GVWR and GAWR in accordance with Parts 567 and 568.