CMV's exceeding the GVWR as assigned by the Vehicle Manufacturer
| Entry Date | June 17, 2003 |
|---|---|
| Issue Number | 03-016-VEH |
| Name | Capt. Harry Kearley |
| Agency | Alabama Department of Public Safety |
| Address | 1708 Congressman Dickinson DriveMontgomery, AlabamaUnited StatesMap It (opens in a new tab) |
| Committee | Vehicle Committee |
| Status | Closed |
| Summary of Issue | CMVs are exceeding the GVWR as assigned by the vehicle manufacturer. Specifically, dump trucks originally manufactured as tandem axle units are having a third lift axle installed but failing to have the GVWR increased. (NHTSA regulations contained in 49 CFR Parts 567 and 568 are quite specific as to what information the GVWR plate must contain. ) This causes the vehicle to be operated in a condition described by NHTSA as unsafe since the vehicle is exceeding the stated GVWR by as much as 20-30,000 lbs. Since the condition is deemed \"unsafe\" by NHTSA, what then is our responsebility under 49 CFR 396.7 which prohibits unsafe vehicle operations? While the problem has come to light with tri-axle dump truck operations, other vehicles can and do operate in this condition. |
| Justification or Need | I am requesting action as soon as possible. The outcome affects not only vehicles currently being operated but also new vehicle orders and the responsibility of alterers and final stage manufacturers as to the assignment of complete GVWR labels. |
| Request for Action | Analysis and opinion. |