Interpretation ID: nht79-2.26
DATE: 12/07/79
FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA
TO: Mack Trucks, Inc.
TITLE: FMVSS INTERPRETATION
TEXT:
December 7, 1979
Mr. Thomas F. Brown Executive Engineer Mack Trucks, Inc. P.O. Box 1761 Allentown, Pennyslvania 18105
Dear Mr. Brown:
I apologize for the delay in responding to your letter of June 26, 1979, questioning an opinion contained in our December 12, 1978, letter to you regarding the requirements of Federal Motor Vehicle Safety Standard No. 120. Our letter stated that your company should stamp the words "not applicable", or words of similar import, in any spaces on your certification label which are for axles not present on the vehicle to which the label is affixed. You responded that the blank spaces on the label would not be confusing, and that the likelihood of a discrepancy between the vehicle and the label is very remote.
Our letter did not address the question of the wrong label accidentally being affixed to a vehicle. Such an occurrence would mean that the vehicle would not comply with the requirements of Standard No. 120, and it could not legally be sold in the United States. Hence, any questions about a discrepancy between the information appearing on the label and the vehicle are beyond the scope of this reply.
S5.3 of Standard No. 120 requires that the labeling information specified in S5.3.1 - S5.3.3 appear in the format shown in the truck example following S5.3. As explained in the December 12 letter, minor variations on what is set forth in the truck example are permitted, but only if those minor variations do not change or obscure the meaning of the label. Minor variations consist of slight differences in punctuation or a substitution of words for a punctuation mark. The purpose of the labeling requirement is to clearly convey to the user of the vehicle the information specified in Standard No. 120.
Leaving blank spaces for axles which do not exist on the particular vehicle being labeled does not, upon reconsideration, change or obscure the meaning of the label. Nor is it reasonable to assume that blank spaces will confuse the average reader of the label, when those blank spaces correspond to axles not present on the vehicle. Therefore, I am hereby withdrawing the statement in our previous letter that Mack Trucks should stamp "not applicable" or words of similar import on certification labels for axles not present on the vehicle being labeled. It would be more accurate, however, to insert these words and it would be a simple matter to do so at the same time the other variable information is applied to the label form.
Sincerely,
Frank Berndt Chief Counsel
June 26, 1979
Chief Counsel National Highway Traffic Safety Administration U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590
Dear Sir:
Subject: Vehicle Certification Label/FMVSS 120 Ref: NOA-30
On January 5, 1979, we sent the attached letter to Mr. Joseph J. Levin, Jr., who was Chief Counsel at that time. As of this date, we have not received a reply to this letter.
The letter concerns the blank spaces present in the FMVSS 120 portion of our Vehicle Certification Label which Mr. Levin felt were confusing. We do not feel that they could be confusing.
Please review both Mr. Levin's attached letter and our response to his letter and advise us of your findings.
Very truly yours,
MACK TRUCKS, INC.
Thomas F. Brown Executive Engineer- Vehicle Regulations and Standards vy Attach.
January 5, 1979
Mr. Joseph J. Levin, Jr., Chief Counsel National Highway Traffic Safety Administration U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590
Dear Mr. Levin:
SUBJECT: Vehicle Certification Label Ref: NOA-30
In your letter of December 12, 1978, you noted the following:
"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."
Mack Trucks, Inc. does not understand how one (1) to three (3) blank axle/tire/rim spaces could be confusing since the label is affixed to the vehicle. If, for some reason, the number of axles on the vehicle does not agree with the number represented on the label, obviously, something is wrong. Whether there are "blank spaces" or "not applicable spaces" is of little consequence. The likelihood of a discrepancy between the label and the vehicle is very remote.
Please note the GAWR requirement on the label was effective January 1, 1972. We have used the "FRONT, 1ST INT., 2ND INT., 3RD INIT., REAR AXLE" format with blank spaces since that date (7 years). We are not aware of any problems associated with this format.
Therefore, we would appreciate an explanation of how blank spaces could be confusing under the outlined circumstances.
Very truly yours,
MACK TRUCKS, INC.
T. P. Brown Executive Engineer- Vehicle Regulations and Standards
vy
bcc: Messrs. L. F. Donnelly S. Robson C. D. Trexler