Interpretation ID: nht94-5.15

TYPE: INTERPRETATION-NHTSA

DATE: December 21, 1994

FROM: Baysul Parker -- Manager, Safety Department, California Trucking Association

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: ATTACHED TO 2/14/95 LETTER FROM PHILIP R. RECHT TO BAYSUL PARKER (A43; PART 567) 11/20/92 LETTER FROM PAUL JACKSON RICE TO J. LESLIE DOBSON, 7/1/92 LETTER FROM PAUL JACKSON RICE TO GENE FOUTS, 3/19/91 LETTER FROM PAUL JACKSON RICE TO JERRY TASS AN, AND 5/24/93 LETTER FROM JOHN WOMACK TO JOHN PAUL BARBER

TEXT: I have received numerous inquiries recently regarding whether an alterer can alter and change the gross vehicle weight rating (GVWR) of a vehicle prior to sale or first registered, and also on used vehicles. This is generally in regards to vehicles with a GVWR of 26,001 lbs. or more, and the owner desires to lower the GVWR so that the driver would not be required to possess a commercial drivers license to operate. I have reviewed 49 CFR, Sections 567.4, 567.7 and 571.115.

As I presently understand the statutes, only a manufacturer can assign a GVWR, including a VIN number. The original manufacturer, or an alterer approved by NHTSA who performs a manufacturing process prior to first sale or registration, can change the GV WR. Is there a list of NHTSA approved alterers?

Please furnish any valid information, decisions and/or interpretations you may have that is related to this subject.