Interpretation ID: nht76-3.29

DATE: 03/12/76

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Maurice J. Sopp & Son

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of January 27, 1976, concerning the sale of a 1975 Chevrolet Step Van that has been modified by the addition of a "boiler" assembly.

@@ 567.4(g)(3) and 567.5(a)(5) of 49 CFR Part 567, Certification, provide that the Gross Vehicle Weight Rating (GVWR) appearing on the certification label

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 . . .

Further, @ 567.7 provides that a person who, before the first purchase in good faith for purposes other than resale, alters a previously certified vehicle in such a manner that its stated weight ratings are no longer valid shall affix to the vehicle an additional label that certifies the modified weight ratings and the vehicle's continued compliance with applicable Federal motor vehicle safety standards.

Your letter indicates that the unloaded weight of the van, as altered by Steamaster Boiler Co., exceeds the original 10,000 pound GVWR. From this information, it appears that there has been a violation of the Certification regulation. While we would have to investigate your role as the dealer in this transaction to determine your precise liability, we advise you not to sell the vehicle in its present condition.