Interpretation ID: GF007036

Mr. Robert M. Clarke
President, Truck Manufacturers Association
1225 New York Avenue, NW
Suite 300
Washington, DC 20005-6156

Dear Mr. Clarke:

This is in response to your letter of September 15, 2003, seeking clarification of the two effective dates for the new heavy vehicle antilock brake system (ABS) performance requirements in Federal Motor Vehicle Safety Standards (FMVSS) No. 121, and FMVSS No. 105. [1] In your letter, you indicated your understanding that "complete vehicle" manufacturers were subject to the effective date of July 1, 2005.You also indicated your understanding that "incomplete vehicle" manufacturers, including "final stage" manufacturers and "intermediate stage" manufacturers were subject to the effective date of July 1, 2006. You ask whether a "chassis-cab" manufacturer [2] would also qualify as an "incomplete vehicle" manufacturer, and thus be subject to the July 1, 2006, effective date. As discussed below, our answer is yes.

The new regulatory text of FMVSS No. 121 states, in relevant part:

"The service brake system on each bus and truck (other than a truck tractor) manufactured on or after July 1, 2005, and each bus and truck (other than a truck tractor) manufactured in two or more stages on or after July 1, 2006 shall, under the conditions of S6, meet the requirements of S5.3.1, S5.3.3, S5.3.4, and S5.3.6"

The new regulatory text for FMVSS No. 105 contains similar language with respect to the effective dates.

The preamble to the final rule explains that "vehicles built in two or more stages must meet the braking-in-a-curve tests requirements on or after July 1, 2006." The preamble also indicates that the additional lead time was necessary in order to enable early stage manufacturers to provide complying incomplete vehicles to final stage manufactures. [3]

With respect to the effective date for vehicles manufactured in two or more stages, the final rule does not differentiate between the different stages of the manufacturing process or different categories of incomplete vehicles. Instead, we provided an effective date of July 1, 2006, for all vehicles built in two or more stages. Accordingly, all vehicles built in two or more stages, including chassis-cabs, are subject to the effective date of July 1, 2006.

With respect to your last question, the abbreviation "LLVW" appearing in Table 1 of the August 11 Final Rule, stands for "lightly loaded vehicle weight." The term carries the same meaning in FMVSS No. 121 as it does in FMVSS No. 105 where it is defined as unloaded vehicle weight plus up to 1,500 lb. We intend to add this same definition to FMVSS No. 121 at a future date.

I hope this information is helpful. If you have any further questions, please feel free to contact George Feygin of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

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