Interpretation ID: 77-1.16

TYPE: INTERPRETATION-NHTSA

DATE: 02/02/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Caravan Trailer Rental Co. Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to Caravan Trailer Rental Company's December 22, 1976, question whether trailers manufactured prior to January 1, 1975, may be imported into the United States for sale without being required to conform to Standard No. 121, Air Brake Systems.

Standard No. 121 only regulates the manufacture and importation of trailers that are produced on or after January 1, 1975. Standard No. 121's only limitation on the importation and sale of trailers manufactured prior to January 1, 1975, would be that any repair, refurbishment, or other modification of the trailer must not be so significant as to constitute the manufacture of a new vehicle. To qualify as a repair the NHTSA requires that the running gear assembly of the existing trailer be used in the refurbished trailer and that certain other identification and ownership (or leasing) aspects of the existing trailer be continued in the refurbished trailer. I have enclosed a copy of a notice which explains the NHTSA regulations in this area.

You are reminded that a trailer imported into the United States as you described must bear a label that states the month and year of manufacture.

SINCERELY,

CARAVAN TRAILER RENTAL CO. LTD.

December 22, 1976.

Fred Berndt, Acting Chief Counsel, National Highway Traffic Safety Administration

Our Company is looking at the feasibility of exporting, from Canada, used trailers to be sold in the American market.

We are concerned with a potential problem vis a vis, the M.V.S.S. 121 Brake Regulation.

Our question to you is this:

Does the existing M.V.S.S. 121 Brake legislation prohibit us in any way from selling used trailers, manufactured in years 1974 and prior, into the American market? Would the braking system on these trailers have to be altered in any way, as they are obviously presently not equipped with any of the M.V.S.S. 121 specifications?

We would appreciate an early reply to this inquiry and thank you in advance for your co-operation.

CARAVAN TRAILER SALES - DIVISION OF CARAVAN TRAILER RENTAL CO. LTD.

Jack D. Livingston, Executive Vice-President.

cc: MARY SWEENEY