Interpretation ID: nht72-6.34

DATE: 06/29/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Truck Body and Equipment Association Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 30, 1972, forwarding to us correspondence you received from Mr. Calvin D. Kunkle of FMC Corporation. Mr. Kunkle's question, as explained in a telephone conversation we had with him on (Illegible Words), is whether building vehicles whose actual loaded weight exceeds the gross vehicle weight rating of the chassis violates Federal Law. Mr. Knuckle stated that he believed certain manufacturers of fire-fighting vehicles were presently doing that.

If the loaded weight is clearly inconsistent with the definitions of GVWR and GAWR as specified in 49 CFR S71.3, the manufacturer will be in violation of the Certification regulations, 49 CFR Part 567) and may be subject to civil penalties. Also, if the loaded weight of the completed vehicle or the weight imposed on any of its axle systems exceeds the stated ratings, the vehicle might be found by NHTSA to contain a safety-related defect. In such a case, the manufacturer is required to mail notification of the defect to all the purchasers. In addressing whether such a safety defect exists, the NHTSA considers the situation as a whole, including such factors as the manufacturer's ratings, and the true capacity of the vehicles.

We advised Mr. Kunkle during our conversation that if he will furnish to NHTSA the names of companies he suspects are involved in this practice, we will take action to bring them into conformity with the requirements.