Interpretation ID: nht75-5.2

DATE: 05/27/75

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Johnson; Hogan & Ometer

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of April 11, 1975, requesting an interpretation of the meaning of "gross vehicle weight rating."

The gross vehicle weight rating (GVWR) of a trailer consists of the weight of the empty trailer plus its rated cargo load. The weight of the tractor is not included. The tractor and the trailer are considered as two separate vehicles, each with its own individual GVWR.

The Distributors Association interpretation you cited is correct, but you appear to have misinterpreted it. In the case of a semi-trailer, a significant portion of the loaded trailer's GVWR may be supported by the tractor's rear axle. Therefore, the trailer's GVWR may be significantly higher than its gross axle weight rating, which is the weight an entire axle system, including tires, wheels, axle, and suspension systems, is capable of supporting.

Please let me know if you need further assistance.

Yours truly,

ATTACH.

LAW OFFICES JOHNSON, HOGAN & OMETER

April 11, 1975

Richard Dyson -- Acting Chief Counsel, National Highway Traffic Safety Administration

SUBJECT: Advisory opinion on the meaning of "GROSS VEHICLE WEIGHT RATING" (GVWR)

Dear Mr. Dyson:

I am the attorney for Titan Trailer Corporation of Woodland, California. Titan manufactures, among other things, aluminum hopper bottom trailers. In compliance with applicable regulations, Titan denotes on each trailer a "gross vehicle weight rating or "GVWR"".

A dispute has arisen between Titan and one of its customers as to the precise meaning of that term and by this letter, we request an advisory opinion from you.

Section 571.3(b), Chapter V, National Highway Traffic Safety Administration Regulations states, in part: "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of a single vehicle.

Enclosed please find a bulletin from the Distributors Association, which states that Department of Transportation advised the Distributors Association that

"should not be based solely on the semi-trailer's axle or axles. The definition of GVWR calls for the weight of a fully loaded vehicle, and normally the weight of a semi-trailer is greater than that of its rear axles. The Distributors Association interprets this to mean that GVWR of a trailer would be the weight to be carried by the trailer's axles, plus any weight that would be carried by the tractor."

Essentially, the question is - Does "GVWR" include (1) the weight of the empty trailer, (2) its payload, and (3) the empty or loaded towing vehicle (tractor)? (In essence, confirming the Distributor's Association interpretation of GVWR as set forth above).

I notice that Section 567.4(a)(3) and Section 568.4(a) (4) of the above-referenced regulations require GVWR to be "not. . less than the sum of the unloaded vehicle weight, rated cargo load, and 150 pounds times the designated seating capacity."

Those sections lend partial credence to the meaning ascribed to "GVWR" by the Distributors Association, to wit weight of cargo and trailer. However, I am somewhat confused by the formula "150 pds x designated seat capacity" presumably referring to the tractor's/seating capacity. That would seem to be at variance with the Distributors Association's above referenced interpretation of DOT's meaning of GVWR which includes "any weight that would be carried by the tractor."

Please clarify this very critical issue in as expeditious a fashion as possible. Since millions of trailers are manufactured each year, by thousands of manufactures, it would seem that the meaning of "GVWR" should be crystal clear to manufacturers consumers and their lawyers.

Thank you for your cooperation. I have been referred directly to you by Mr. David Schmeltzer now of the Consumer Product Safety Commission.

Very truly yours, Andrew H. Swartz

cc: David Schmeltzer c/o David Melnick; Kai Norton; encl.; cc: Dick Cunha, Esq.