Interpretation ID: nht72-6.39

DATE: 01/03/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Distributors Association

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of December 24, 1971, in which you asked several questions concerning the weight rating requirements in the Certification Regulations that go into effect January 1, 1972.

Your first three questions are summarized in your third question, as follows:

"We are under the impression that the only way in which the GVW and GAW Ratings assigned to an Incomplete Vehicle by the Incomplete Vehicle Manufacturer can be increased would be (a) if a third axle is added, or (b) if the component parts of the existing axles are increased. Is this correct?

The answer is no. The information supplied to the final-stage manufacturer by the incomplete vehicle manufacturer under Part 563 is to assist the final-stage manufacturer in completing the vehicle in conformity with the standards, and certifying in conformity with Part 567. There are no requirements, however, as to how the final-stage manufacturer uses this information. If he wishes to take it on himself to change the ratings in either direction, or to disregard the conformity information, that is his right. Of course, he will be assuming legal responsibility for whatever changes he makes, as indicated by the facts of the particular situation. Similarly, he has the right to make whatever physical changes he wishes in the chassis, and assumes the normal responsibilities of a manufacturer in doing so. The Part 568 document offers him protection to the extent that he chooses to stay within its limits, but it is his choice to make.

You asked for a definition of "rated cargo load" as used in the Part 567 requirement that GVWR "shall not be less than the sum of unloaded vehicle weight, rated cargo load, and 150 pounds times the vehicle's designated seating capacity." We have not provided a definition for this term in the regulations. By it is meant simply any figure provided to the vehicle user as to the cargo-carrying capacity, by weight, of the vehicle. There is no requirement that such a figure be provided; but if it is, it must be consistent with the gross vehicle weight rating.

Finally, you asked whether it would be "illegal" to supply a body with a volumetric "capacity for holding eight tons of feed," on a vehicle whose GVWR only allowed for a cargo load of five tons. If no rating by weight is supplied, the labeling requirement would not be violated by the volumetric capacity of the body. As we stated in a recent letter on the same question, however, such action might have adverse consequences beyond the certification regulation:

"[Completing] the vehicle so that it apparent carrying capacity exceeds the stated weight ratings may create some risks of liability beyond the certification regulations themselves. If, for example, the vehicle suffers a hazardous malfunction in use that can be traced to overloading of its axle systems, its manufacturer may be liable both under the defect provisions of the national Traffic and Motor Vehicle Safety Act (section 113, 15 U.S.C. 1402) and under common-law product liability doctrines. In such a case, the manufacturer of the incomplete vehicle might avoid liability, leaving it all on the final-stage manufacturer, by pointing out that the design of the vehicle is completed led the user to exceed the GVWR and GAWR furnished with the incomplete vehicle." (Letter from L. R. Schncider to E. W. Mentzer. October 26, 1971, filed in Interpretations Redbook, Part 567, 568.)

We are pleased to be of assistance. We are sorry that we will be unable to have one of our attorneys attend your meeting in Las Vegas.