Interpretation ID: nht73-4.25

DATE: 06/01/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Grove Manufacturing Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of April 23, 1973, requesting our confirmation of certain issues discussed by you, and Michael Peskoe and David Fay of NHTSA, in a meeting in Mr. Peskoe's office on April 19, 1973.

It is correct that the NHTSA does not presently employ safety inspectors to inspect vehicles in service. Such inspections are made by inspectors of the Bureau of Motor Carrier Safety in the Federal Highway Administration, and it is true that their primary interest is the enforcement of the Bureau of Motor Carrier Safety regulations (49 CFR Parts 301-398). But if these investigators note violations of NHTSA regulations, the information will be forwarded to NHTSA and appropriate action will be taken.

It is correct that components of a vehicle service may be added, removed, or relocated at the discretion of a vehicle owner without violating NHTSA regulations. However, gross vehicle and axle weight ratings established by the vehicle manufacturer must be based on configurations of the vehicle which the manufacturer expects will be utilized in service. It is also correct that the weight imposed on each axle should not exceed the certified weight rating for each axle, but may be less than the certified weight rating.

Finally, it is correct that gross axle weight ratings may be established with a view towards the weight limitations of States in which the vehicle will be used.

Gross axle and vehicle weight ratings, under NHTSA regulations, are manufacturers' figures, and may be set at any level as long as the figures are consistent with the limitations specified in the NHTSA certification regulations. However, the weight ratings must also, of course, be consistent with the vehicle's load-carrying capacity.