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Interpretation ID: cmc4935car_carrier

    Massoud S. Tavakoli, Ph.D. , P.E.
    Savage Engineering, Inc.
    132 N. Leroy Street
    Fenton, MI 48430


    Dear Dr. Tavakoli:

    This responds to your e-mail inquiry as to whether a motor vehicle you designed to transport other motor vehicles is subject to Federal Motor Vehicle Safety Standard (FMVSS) Nos. 223, Rear impact guards, and 224, Rear impact protection. As explained below, the vehicle you described is not subject to these standards.

    In your letter, you described a vehicle that you refer to as a "roll-back car carrier."You stated that the vehicle is a single-unit truck that is at least 10,000 lb in weight. You explained that the vehicle has a flat bed that can be rolled back and tilted down so that another vehicle can be pulled on the bed. In addition, you state that the vehicle is equipped with a wheel-lift device that is used to tow vehicles behind the truck in a "more traditional way. "

    By way of background, the National Highway Traffic Safety Administration (NHTSA) has authority to establish regulations for motor vehicles and motor vehicle equipment (see 49 U.S.C. Chapter 301). To reduce the number of deaths and serious injuries that occur when light duty vehicles collide with the rear end of trailers and semitrailers, we established FMVSS Nos. 223 and 224. FMVSS No. 224 requires most trailers and semitrailers with a gross vehicle weight rating of 4,536 kg (10,000 lb) or more to be equipped with rear impact guards that comply with the requirements set forth in FMVSS No. 223. Vehicles other than trailers and semitrailers are not subject to FMVSS No. 224.

    The agency defines a trailer as:

    [A] motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle.

    (49 CFR 571.3(b)). A semitrailer is a subclass of trailer and is defined as:

    [A] trailer, except a pole trailer, so constructed that a substantial part of its weight rests upon or is carried by another motor vehicle.

    (49 CFR 571.3(b)).

    The vehicle described in your letter is a straight truck and is not designed to be drawn by another motor vehicle. Therefore it is not a trailer or semitrailer. As your vehicle is not a trailer or semitrailer, it is not subject to FMVSS No. 224.

    Your e-mail also inquired into the applicability of related Federal Motor Carrier Safety Administration (FMCSA) regulations. We are unable to speak to the applicability of these regulations and suggest you contact FMCSA directly. The general number for FMCSA is (202) 366-2519.

    I hope you find this letter helpful. If you have any further questions please contact Mr. Chris Calamita of my staff at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    ref:224
    d.9/22/04