Interpretation 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.