Interpretation ID: nht72-6.9

DATE: 08/10/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Oshkosh Truck Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of June 30, 1972, requesting information on a proper course of action to take concerning your placement of incorrect information on certification labels.

The placement of incorrect information of the type you describe (an overstatement of gross axle weight rating) may be a "safety related defect" under the National Traffic and Motor Vehicle Safety Act. This would be the case if loading the vehicle to the specified rating would result in an unsafe operating condition.

Whether a defect exists is to be determined in the first instance by the vehicle manufacturer. If you determine that a defect exists, section 113 of the Act (15 U.S.C. 1402) requires that you notify first purchasers by certified mail, describing the defect, its effect on safety, and measures to be taken to correct it. The determination that a defect exists can also be made independently by NHTSA, which would then order the manufacturer to send the required notification. Regulations issued by NHTSA (Defect Reports, 49 CFR Part 573) require manufacturers of vehicles having safety defects to submit certain information to NHTSA, and to compile a list of affected owners.

Replacing the improper labels, as you have suggested, would be an appropriate action to take to rectify this situation and satisfy the Certification regulations.