Interpretation ID: nht93-6.23

DATE: August 30, 1993

FROM: Hal Sullivan

TO: David Elias -- Esq., Chief Counsel, NHTSA

TITLE: Re: Code Of Federal Regulations; 49 CFR, @ 567.5 And Any Relevant Related Codes.

ATTACHMT: Attached To Letter Dated 6/8/94 From John Womack To Mr. And Mrs. Hal Sullivan (A42; Part 567; VSA 108(a)(1)(E)

TEXT: Dear David,

This letter will serve to confirm our request that you proceed to render your opinion on the definition the phrase "rated cargo load" contained in @ 567.5, entitled "GROSS. VEHICLE WEIGHT RATING".

As you will please recall, we purchased a 1992 Pace Arrow motor home from Fleetwood Motor Homes of California Inc., and when filled with fresh water, 6 gallons of water in the hot water heater, 3 gallons of water and chemical in each of the holding tanks and equipped with the identical factory optional HWH hydraulic jacks, the motor home is already over the maximum GVWR for the chassis. Our vehicle had a serious chassis failure at 4000 miles. The dealers routinely do everything but disclose the seriously inadequate carrying capacity associated with many of the motor homes manufactured by Fleetwood.

Please also direct me as to how 49 CFR is enforced as against a manufacturer who violates the code, i.e. are there fines, civil penalties etc?

Your prompt attention is most appreciated, as we are currently involved in a civil action against Fleetwood.

Sincerely,