Interpretation ID: 19867.wkm
Mr. Keely Brunner
Customer Relations and Contract Compliance
Transportation Techniques "Trans Teq"
1705 East 39th Avenue
Denver, CO 80205
Dear Mr. Brunner:
This responds to your e-mail inquiry of April 14, 1999, in which you stated that you are a start-up manufacturer of a hybrid-electric bus for a downtown pedestrian mall. You stated that the bus has a maximum speed of 30 miles per hour and a gross vehicle weight rating (GVWR) of 46,000 pounds. You cited paragraph S5.1.2 of Federal Motor Vehicle Safety Standard (Standard), No. 120, Tire selection and rims for motor vehicles other than passenger cars (copy enclosed) and asked whether, since your bus cannot attain a speed of 80 kilometers per hour in 3.2 kilometers or less or 50 mph in 2 miles or less, S5.1.2 applies to your bus. The answer is no.
Paragraph S5.1.2 provides that except for vehicles that are unable to reach a speed of 80 kmh in 3.2 km or reach a speed of 50 mph in 2 miles, the sum of the maximum load ratings of the tires fitted to an axle system must be not less than the gross axle weight rating (GAWR) of the axle system. The GAWR is stated on the vehicle certification label required by 49 Code of Federal Regulations (CFR) Part 567. Paragraph S5.1.2 specifies other requirements, but since your bus has a maximum speed of only 30 mph, none of the requirements of S5.1.2 would apply to your bus. The remaining provisions of Standard No. 120, however, do apply to your bus.
It is not clear from your incoming e-mail whether Trans Teq has manufactured, sold, or delivered any vehicles into interstate commerce. If so, we have no record of Trans Teq having submitted to this agency the information required by 49 CFR Part 565.7(d) (copy attached). Further, if Trans Teq began manufacturing vehicles more than 30 days ago, we have no record of it meeting the reporting requirement of 49 CFR Part 566.6 (copy attached). Please submit the required information without delay.
I am enclosing for your further information a fact sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment," which discusses other pertinent requirements of the Federal motor vehicle safety standards.
I hope this information is helpful to you. Should you have any questions or need additional information, feel free to contact Walter Myers of my staff at this address, by telephone at (202) 366-2992 or by fax at (202) 366-3820.
Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:120
d.6/23/99