Interpretation ID: nht76-5.18

DATE: 03/09/76

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Wenke; Burge & Taylor

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your February 10, 1976, letter concerning the determination of Gross Vehicle Weight Rating (GVWR) and Gross Axle Weight Rating (GAWR) for boat trailers.

You have presented the following two examples:

GVWR -- 3300; GAWR -- 2970 and

GVWR -- 3000; GAWR -- 2700.

Assuming that 10 percent of the trailer's loaded weight is carried by the towing vehicle, each example reflects a permissible relationship between the GVWR and the GAWR. Your letter indicates that your client presently provides a GVWR figure of 3000 pounds,

based on the load carrying capacity determined when the trailer is not connected to a towing vehicle.

If by this you mean that the boat trailer's axle system has a load carrying capacity of 3000 pounds, then the trailer would actually be entitled to a GAWR of 3000 pounds and a GVWR of 3333 pounds. Your client is free, of course, to establish more conservative load ratings. However, the GAWR should not be less than 9/10 of the accompanying GVWR.

Yours truly,

ATTACH.

WENKE, BURGE & TAYLOR

February 10, 1976

Richard B. Dyson, Esq. Assistant Chief Counsel National Highway Traffic Safety Administration

Re: Your File No. N40-30

Dear Mr. Dyson:

Thank you for your letter of January 15, 1976 concerning the determination of Gross Vehicle Weight Rating (GVWR) and Gross Axle Weight Rating (GAWR) for a boat trailer.

I want to confirm with you my understanding of your letter by an example so that I can be certain I am properly advising my client. The trailers manufactured by my client presently provide a certification that provides a GVWR figure based on the load carrying capacity determined when the trailer is not connected to a towing vehicle. That is, a typical trailer would carry ratings as follows: GVWR - 3000; GAWR - 3000. Assuming, for example, that 10% of the trailer weight and load is carried by the towing vehicle, it would appear that my client is presently providing a GAWR higher than necessary. Can the label be changed to reflect a lower GAWR in either of the following ways:

GVWR - 3000

GAWR - 2700 or

GVWR - 3300

GAWR - 2970

Thank you for your consideration and please call me collect at the above number if you should have any questions regarding this matter.

Very truly yours, John F. Evans