Interpretation ID: nht95-1.98

TYPE: INTERPRETATION-NHTSA

DATE: March 12, 1995

FROM: K. Olsen

TO: John Womack, active Chief of Council, Office of Chief of Council, NHTSA

TITLE: Re: Interpretation

ATTACHMT: ATTACHED TO 6/14/95 LETTER FROM JOHN WOMACK TO K. OLSEN (A43; STD. 120); ALSO ATTACHED TO 9/4/92 LETTER FROB PAUL RICE TO BOB BULLARD

TEXT: On May 9, 1994, Dealer purchased from Manufacturer, a new 1994 16' bumper pull flatbed trailer. This trailer had two 3500 lb. GVWR axles. This trailer was purchased from the manufacturer by the Dealer equipped with used tires.

On May 17, 1994 Dealer showed trailer to Customer. Customer was told that for $ 1175.00 the trailer comes with the tires on it or for an additional $ 200.00 dealer would put new tires on the trailer. Customer chose to purchase the trailer with the u sed tires at the lower price. The trailer was wired for brakes and lights but electrical plug was left off so one could be installed to match up with the existing electrical plug on a customers vehicle. Customer's vehicle had neither a brake control or existing electrical plug, so Dealer offered to sell the Customer a brake control for customer's truck and electrical plugs for brakes and lights for an additional $ 50.00 and Dealer would install them at no additional cost. Customer chose not to purcha se brake control or electrical plugs from Dealer.

On June 10, 1994 Customer's employee pulled said trailer (that weighs 1550 lbs.) down the freeway, loaded with a Uniloader (that weighs 6000 lbs.) pulled by a half-ton, short wheel base pickup (which has a 6,000 GVWR and weighs approx. 4800 lbs.). Th e driver of the vehicle lost control of the truck and trailer and the truck and trailer turned over.

The Customer is now bringing a law suit against the Dealer charging that the accident was caused by the Dealer for selling him a new trailer with used tires (and improperly wired brakes). The investigating officer's statement on the accident report r ead "Vehicle was Southbound in the # 3 lane when the trailer began to swerve uncontrollable. Vehicle ran off of the right side of the road and overturned. The trailer was carrying a CASE UNI Loader Model IF40." "According to Dennis Platt of UHP Safety Inspection, the brakes had not been working. This was shown by rust present on the inside of the left brake drum. Also, Dennis measured the tire tread to be 1/32 of an inch on both rear tires and 2/32 of an inch on both front tires. Both front tires al so had uneven tread. The wrecker driver at Sorensen's Marine and Autobody said that it appeared the trailer brakes had not been wired properly."

The reason for this request for interpretation is to try and determine the liability of the Manufacturer, Dealer or Customer in this matter.