Interpretation ID: nht78-2.3

DATE: 12/13/78

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Mack Trucks, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

December 13, 1978 NOA-30

Mr. T. F. Brown Mack Trucks, Inc. Engineering Division P.O. Box 1761 Allentown, Pennsylvania 18105

Dear Mr. Brown:

I regret the delay in responding to your August 31, 1978, letter requesting an interpretation of S5.3 of Federal Motor Vehicle Safety Standard No. 120. In that letter, you stated that you had been contacted by an employee of this agency's enforcement office and advised that the certification labels for Mack trucks did not comply with the requirements of that section. The reason given for this conclusion was that the labels used the word "on" between the tire and rim information instead of the comma shown in the example following S5.3.3.

S5.3 requires that the labeling information specified in S5.3.1 -S5.3.3 must appear in the format shown in the truck example following S5.3.3. This requirement does not mean that certification labels must be identical to the example in every respect. Minor variations are permitted. By "minor variations", I mean such things as a slight difference in punctuation or the substitution of a word for a punctuation mark that do not change or obscure the meaning of the label. Mack's substitution of "on" for a comma is such a minor variation and, accordingly, is permissible under the standard.

The label enclosed with your letter shows spaces to provide information for the front, rear and three intermediate axles. When this label is used on vehicles with fewer than five axles, you should stamp "Not applicable", or words of similar import, in the spaces provided for axles which do not exist on the particular vehicle which is being labelled.

Without this indication, the label could be confusing and so would fail to clearly provide the required information for that vehicle. An indication of nonapplicability would alert the reader to that fact.

Sincerely,

Joseph J. Levin, Jr. Chief Counsel

August 31, 1978

Administrator, National Highway Traffic Safety Administration U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590

Dear Sir:

SUBJECT: Request for Interpretation GAWR-Tire-Rim Labeling Requirements FMVSS 120 - Vehicle Certification Labels

Mack Trucks, Inc, a manufacturer of heavy duty diesel trucks of 26,000 pounds GVWR and greater, is requesting an interpretation of the specific GAWR-tire-rim labeling requirements of FMVSS 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars.

We were advised, by telephone, by a member of the NHTSA's Office of Vehicle Safety Compliance staff that there were several minor discrepancies found on one of our vehicle certification labels. Four items were noted as being incorrect. Three of these four items were well-taken, and steps to avoid a reoccurrence of these errors have been taken. The fourth item, however, is the reason for this letter.

Our certification labels set up the gross axle weight ratings, tire, and rim information as follows:

FRONT AXLE WITH TIRES ON RIMS AT COLD SINGLE

We were advised that we could not use the word "ON" as shown above, but should instead use a comma as is illustrated in the "Truck example" shown following Paragraph S5.3.3 of FMVSS 120.

Paragraph S5.3 oF FMVSS 120 states that the information shall appear in the "format" set forth in the example following Section S5.3.

It is our contention that the GAWR and associated information on our certification labels, including the word "ON", does comply with the format set forth following Section S5.3 of FMVSS 120. The word "ON" actually makes the meaning of the statement clearer.

If you look closely at the attached sheet showing one of our labels and the "Truck example" from FMVSS 120, you will note that they are not exactly identical. Therefore, we wonder why only our use of the word "ON" was singled out. (NOTE: The other three items noted in the telephone conversation dealt with information that had been added to the certification label on the vehicle inspected by NHTSA.)

We believe we are presenting all the required information in a form substantially identical to that illustrated in the "Truck example", and that we are in compliance with the applicable regulations. Therefore, we are requesting an interpretation of the specific GAWR-tire-rim labeling requirements of FMVSS 120.

If further discussion of this subject is necessary, please contact the writer at 215-439-3877.

Very truly yours,

MACK TRUCKS, INC,

T. F. Brown Executive Engineer- Vehicle Regulations and Standards

vy Attach.

Insert attachment here (FMVSS 120) found in card copy file.