Interpretation ID: nht94-3.28

TYPE: INTERPRETATION-NHTSA

DATE: June 8, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Mr. and Mrs. Hal Sullivan

TITLE: None

ATTACHMT: Attached To Letter Dated 8/30/93 From Hal Sullivan To NHTSA Chief Counsel

TEXT: Dear Mr. and Mrs. Sullivan:

This responds to your letter to David Elias, formerly of this office, requesting an interpretation of the term "rated cargo load" used in 49 CFR @ 567.5. I apologize for the delay in responding.

You state in your letter that you purchased a 1992 Pace Arrow motor home from Fleetwood Motor Homes of California, Inc. You state that, if this motor home is equipped with "the identical factory optional HWH hydraulic jacks," it will exceed its gross ve hicle weight rating (GVWR) when the available water tanks are filled to capacity. You characterize this as "seriously inadequate carrying capacity," and ask if this violates NHTSA's regulations. As explained below, if a vehicle exceeds its GVWR when lo aded with its intended cargo, the manufacturer may be subject to civil penalties.

By way of background, @ 114 of the National Traffic and Motor Vehicle Safety Act requires each motor vehicle manufacturer to certify the compliance of its new vehicles with all applicable Federal motor vehicle safety standards. NHTSA issued its vehicle certification regulation (49 CFR Part 567) to implement @ 114. Section 108(a)(1)(E) of the Safety Act prohibits any person from failing to comply with any regulation issued under @ 114. Under @ 109 of the Safety Act, violations of @ 108(a)(1)(E) are su bject to a civil penalty of up to $ 1,000 for each violation.

NHTSA's certification regulation specifies the content of the certification label, and requires manufacturers to assign a GVWR to its new vehicles. The term GVWR is defined in 49 CFR @ 571.3 as "the value specified by the manufacturer as the loaded weig ht of a single vehicle." The GVWR informs vehicle owners how heavily the vehicle may safely be loaded. It also affects the vehicle's loading and other test conditions for the performance tests to ascertain whether the vehicle complies with applicable sa fety standards. The only express regulatory limitation on the GVWR that manufacturers may assign to their vehicles is set forth in 49 CFR @ 567.4(g)(3), which provides that the assigned GVWR

2

"shall not be less than the sum of the unloaded vehicle weight, rated cargo load, and 150 pounds times the vehicle's designated seating capacity." (Emphasis added.)

There is no express definition for the term "rated cargo load" in Part 567 or elsewhere in NHTSA's regulations. However, NHTSA expects the GVWR (which includes rated cargo load) to reflect a manufacturer's good-faith evaluation of the vehicle's size, we ight, load-carrying capacity and intended use. NHTSA is concerned about the potentially adverse effects on safety that might result from assigning too low a GVWR to a vehicle. NHTSA recognizes that vehicle overloading may create a serious safety proble m and will take appropriate action against any manufacturer whose vehicle, when operated in its intended manner, exceeds the assigned GVWR.

Thank you for bringing this matter about the Pace Arrow to our attention. NHTSA's Office of Vehicle Safety Compliance will be contacting you for more information about your experience with the vehicle. Meanwhile, if you have further questions, please co ntact Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,