Interpretation ID: nht76-3.47

DATE: 03/30/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Great Dane Trailers, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to Great Dane Trailers' February 23, 1976, letter asking if a trailer equipped with one or more axles that have a gross axle weight rating (GAWR) of 24,000 pounds or more is excluded from the requirements of Standard No. 121, Air Brake Systems.

Section S3. of Standard No. 121 provides in part that any vehicle manufactured before September 1, 1977, that has a GAWR for any axle of 24,000 pounds or more is excluded from the standard. The determination of GAWR is made by the vehicle manufacturer (49 CFR 571.3) and must be based on the capabilities of the axle system at 60 mph. Because the determination is made by the vehicle manufacturer, the NHTSA is unable to say that the components you mention in your letter would necessarily constitute an axle system with a GAWR of 24,000 pounds.

YOURS TRULY,

Great Dane Trailers, Inc.

February 23, 1976

James C. Schultz Chief Counsel National Highway Traffic Safety Administration D.O.T.

Re: FMVSS-121 49 CFR 571.121

In accordance with Part 571 Docket No. 74-10; Notice 16 issued May 12, 1975, Section S3. Application, it is stated that FMVSS-121 does not apply to any vehicle manufactured before September 1, 1976, that has a gross axle weight rating (GAWR) for any axle of 24,000 pounds or more.

If we produced a structurally sound semi-trailer with dual tires having a capacity of 6000 pounds each, mounted on an axle with 24,000 pound rating with two springs per axle having a rating of 12,000 pounds each (therefore a 24,000 pound GAWR), is this vehicle exempt from the FMVSS-12 regulations?

I will be looking forward to receiving your legal opinion on this matter.

Dudley E. DeWitt Manager/R & D