Interpretation ID: nht72-5.2

DATE: 04/17/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Garsite Products Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of March 8, 1972, concerning the application of Federal standards and regulations to airport refuelers. In a conversation with Michael Peskoe of this office on March 30, 1972, you amplified certain questions you asked in your letter, which are dealt with below.

Initially, you asked whether the Federal motor vehicle safety standards apply to airport refuelers. In the conversation of March 30, you indicated that these refuelers are similar to most tank trucks, and that while operated on or about airports, may frequently be driven on public roads such as perimeter roads between oil tanks and the airport. We would consider these vehicles to be motor vehicles within the National Traffic and Motor Vehicle Safety Act because of their use on public roads, and would consider them to be trucks under the motor vehicle safety standards.

Your second question concerned the fact that, at present, curb weights of chassis furnished to you are not accurately reflected by the manufacturer's specifications, the latter generally being lower than the former. We indicated to you in our phone conversation that the Certification requirements which became effective January 1, 1972, will eliminate this problem by requiring manufacturers to provide gross vehicle and axle weight ratings.

Your third question concerns a chassis which you ordered before the Certification regulations became effective, on which you planned to install a specific tank. The chassis has now been delivered, and it has a GAWR for the rear axle which is 400 pounds less than the weight of the fully loaded tank. While the establishment of both GVWR and GAWR for the vehicle when completed is the responsibility of your company as the final-stage manufacturer, we would consider mounting the tank on this chassis without modifying the latter to accommodate the additional load to raise substantial questions as to the safety of the completed vehicle. If the chassis cannot be modified, we strongly recommend against installing the tank on it.

You ask how you can recognize chassis that have been manufactured after January 1, 1972. Each such chassis, if an incomplete vehicle under the regulations, must be delivered to you with an "incomplete vehicle document" specifying the date of manufacture. A chassis-cab manufactured before that date must bear a label stating its date of manufacture.

Finally, you ask whether in some situations the chassis manufacturer can become the final-stage manufacturer. Sections 567.5 and 568.8 of the regulations provide for a situation where an incomplete vehicle manufacturer may assume all responsibility for the vehicle under the National Traffic and Motor Vehicle Safety Act. In such a case the incomplete vehicle manufacturer will have the responsibility for certification otherwise borne by the final-stage manufacturers.

We are pleased to be of assistance.