Interpretation ID: nht79-1.26

DATE: 02/01/79

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

TO: Truck Equipment & Body Distributors Association

TITLE: FMVSR INTERPRETATION

TEXT:

U.S. Department of Transportation National Highway Traffic Safety Administration Washington, D.C. 20590

February 1, 1979 NOA-30

Mr. Richard J. Toner Director, Engineering Services Truck Equipment & Body Distributors Association 25900 Greenfield Road Oak Park, Michigan 48237

Dear Mr Toner:

This responds to your December 7, 1978, letter asking whether the weight of stake sides which are readily removable from a flat bed body would be included in the determination of a vehicle's unloaded vehicle weight.

As you know the National Highway Traffic Safety Administration has defined "unloaded vehicle weight" in a manner that does not include the vehicle weight of accessories that are normally removed when they are not in use. This is the test that manufacturers should use when determining whether the weight of any piece of equipment or accessory is to be included within the unloaded vehicle weight determination.

In your letter you indicate that the stake sides for flat bed bodies are readily removable. Readily removable is not the correct test to apply to these devices in determining whether their weight must be included within the vehicle's unloaded vehicle weight. A manufacturer must determine whether the stakes are likely to be removed when not in use. If the answer to this question is yes, then the weight of stake sides would not be included in the unloaded vehicle weight. Otherwise, the weight of those accessories must be included.

Sincerely,

Joseph J. Levin, Jr. Chief Counsel

Truck Equipment & Body D/A Distributors Association

December 7, 1978

Mr. Joseph Levin Chief Council NHTSA 400 Seventh Street, S.W. Washington, D.C. 20590

Dear Mr. Levin:

Compliance with the Federal Motor Vehicle Standards requires that the weight of permanently attached truck equipment be included in the vehicle weight. A question has arisen concerning the weight calculations on a truck equipped with a flat bed body and stake sides. Stake sides are a grid of horizontal wooden slats and vertical stakes which slide into pockets along the edges of the body.

Because the stakes are readily removable and are not bolted or clamped to the truck body in any manner, we do not consider the stake side assemblies to be part of the truck weight. Your opinion of this interpretation would be greatly appreciated.

Thanking you for your assistance and consideration, I remain,

Yours truly,

Richard J. Toner Director, Engineering Services

RJT:dg