Interpretation ID: nht76-5.28

DATE: 01/07/76

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Wisconsin Trailer Company Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your November 26, 1975, request for confirmation that the NHTSA permits the establishment of gross axle weight ratings (GAWR) for trailer axles based on use at a speed of less than 60 mph.

Your interpretation is incorrect. In the April 28, 1975, interpretation letter to Mr. James Srch that was enclosed in the NHTSA's recent letter to you, it was stated that ". . . NHTSA has found it necessary to specify that GAWR's and GVWR's be calculated on the basis of highway speeds and not qualified by reduced speed ratings . . . ."

Since the NHTSA's November 20, 1975, letter to you, the agency has published a proposal that would amend the definition of GAWR to conform to this interpretation. A copy is enclosed for your information.

YOURS TRULY,

WISCONSIN TRAILER COMPANY, INC.

November 26, 1975

Frank A. Berndt Acting Chief Counsel U.S. Department of Transportation National Highway Traffic Safety Adm.

Reference: N40-30

I have your letter of November 20th, in which you discussed Gross Axle Weight Rating and Gross Vehicle Weight Ratings at an attainable speed of 60 miles per hour.

Enclosed is a copy of amendments to Title 49, which became effective October 1, 1975 . . . with exceptions as provided.

It is our interpretation that trailer manufacturers are permitted to rate their product at a speed lesser than 60 miles per hour. Are we correct in our interpretation?

Your early reply would be appreciated.

LeRoy E. Mueller President