Interpretation ID: nht91-7.12

DATE: November 16, 1991

FROM: Woodruff Carroll -- Carroll, Carroll, Davidson, & Young

TO: Kathleen DeMeter -- Assistant Chief Counsel for General Law, NHTSA

TITLE: Re: prior letter

ATTACHMT: Attached to letter dated 2/11/92 from Paul Jackson Rice to Woodruff Carroll (A39; Part 571.3; Part 567)

TEXT:

In reading the letters sent me additional letters of far greater importance than those given were cited in the letter.

Please produce pursuant to the FIOA act the following:

1. 4/7/83 letter to mr. Takeo Shimizu attached to the 4/3/89 letter to Les Schriner (which in turn is attached hereto)

2. May 9, 1974 letter quoted on page two of the letter to Edward Green of Henke manufacturing (attached hereto)

3. July 16, 1976 letter to Jeep Corporation from Robert Carter to NHTSA quoted on page 1 of the letter to D.J. Henry

4. compliance testing in this regard (#3)

5. Manufacturers good faith categorization of parts and the standards under which they categorize them. (1/18/77 letter to Meyer products)

6. There is also a letter to you from Snoway that has not been produced.

In reading these letters the following questions arise:

1. Is the attached exhibit three done correctly under the regulations in effect at that time?

2. Is a second stage manufacturer liable if he knowingly manufacturers a product that exceeds the primary manufacturers specifications but has it installed by a local body shop who is the dealer? (Is either one or both liable under these circumstances?)

3. As to question number one and two if there were foreseeable circumstances that would cause the weight to exceed the GAWR would that violate federal regulations? (such as loading the cargo area to capacity with the snowplow attached?) See question 4 to Henke 3/8/76)

4. Why is the snowplow not attached when being weighed per the 1/18/77 letter to D.J. Henry (unloaded vehicle weight) when it is operated regularly upon the highways with the snowplow attached between jobs in its ordinary use and also when not in use.

Thank you for your assistance in these matter it is greatly appreciated.