Interpretation ID: 86-4.8

TYPE: INTERPRETATION-NHTSA

DATE: 07/03/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Davis C. Thekkanath

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Davis C. Thekkanath Sr. Supervising Engineer Oshkosh Truck Corporation P.O. Box 2566 Oshkosh, WI 54903-2566

Dear Mr. Thekkanath:

This is in reply to your letter of May 23, 1986, asking for a waiver from compliance with the headlamp mounting height requirements of Motor Vehicle Safety Standard No. 108 with respect to prototype and future production trucks you have developed for military application.

No federal motor vehicle safety standard applies to a vehicle manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications (Title 49 Code of Federal Regulations Sec. 571.7(c)). This means that the headlamps on production models of your military truck may be mounted higher than 54 inches without creating a noncompliance with Standard No. 108. If the truck is also sold for commercial applications, however, it would be required to conform with the 54-inch limitation.

Although the exception quoted above applies to vehicles manufactured for sale, the agency has no objection to limited use on the public roads of nonconforming prototype vehicles that have been developed expressly for sale to the Armed Forces of the United States.

Sincerely,

Erika Z. Jones Chief Counsel

May 23, 1986

Office of Chief Counsel National Highway Traffic Safety Administration 400 7th Street, S.W. Washington, D.C.

SUBJECT: Waiver FMVSS1O8

We are manufacturers of heavy duty vehicles both commerical and military. We have recently developed a new vehicle - our model Z-1838. This will be used as a military cargo transport truck. These trucks have their head- lights located higher than the maximum allowable of 54 inches (FMVSS1O8). This is to protect the lamps from the brush and other objects during cross- country runs. Although we do not have a supply contract for the specific vehicles from the U.S. military at this time, we have built a few prototypes for tests, etc. We would, therefore, request you to exempt these vehicles, both the prototypes and any future production vehicles for the U.S. Government, under the Z-1838 configuration, from the headlight height requirements per FMVSS1O8.

Thank you.

Sincerely,

OSHKOSH TRUCK CORPORATION

Davis C. Thekkanath Sr. Supervising Engineer

DCT:lh