Interpretation ID: nht76-1.41

DATE: 02/24/76

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Layton Paving Equipment Specialists

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of January 14, 1976, asking whether your company's paver product must comply with the requirements of Federal motor vehicle safety standards and regulations, particularly Standards No. 119 and 120.

The National Highway Traffic Safety Administration (NHTSA) issues safety standards and regulations for "motor vehicles." Section 102(3) of the National Traffic and Motor Vehicle Safety Act defines a motor vehicle as a vehicle "manufactured primarily for use on the public streets, roads, and highways." Thus, a motor vehicle is a vehicle which the manufacturer expects will use public highways as part of its intended function. The primary function of some vehicles is of a mobile, workperforming nature, and, as such, their manufacturer contemplates a primary use of the highway. Mobile cranes, rigs, and towed equipment such as chippers and pull-type street sweepers that travel at a normal highway speed are examples in this area. These motor vehicles qualify as trucks or trailers. As such they are subject to the Federal motor vehicle safety standards and regulations. On the basis of the information you have sent us your company's towed paver appears to be in this category of vehicles, and would therefore be considered a "motor vehicle."

There are some vehicles which are excepted from the motor vehicle classification despite their use on the highway. Highway maintenance and contruction equipment, lane stripers, self-propelled asphalt pavers, and other vehicles whose maximum speed does not exceed 20 mph and whose abnormal configuration distinguishes them from the traffic flow are not considered motor vehicles. Your company's paver would not appear to qualify in this category of vehicles since, as a towed paver, it would travel at a speed greater than 20 mph, at least when moving between job sites.

Consequently, your product must comply with the requirements of the Federal standards and regulations. Standard No. 119, New Pneumatic Tires for Vehicles Other than Passenger Cars, does not directly impose any duty on you, because it applies to tires rather than vehicles. However, the NHTSA has recently issued Federal Motor Vehicle Safety Standard No. 120, Tire Selection and Rims for Vehicles Other Than Passenger Cars (copy enclosed). This standard does require, effective September 1, 1976, that your vehicles be equipped with tires that conform to Standard No. 119 and are of sufficient load rating.

In addition to compliance with the safety standards and regulations, you must ensure that your product does not contain a defect relating to motor vehicle safety. Vehicles containing such defects are subject to the notification, remedy, and civil penalty provisions of the National Traffic and Motor Vehicle Safety Act. For example, a vehicle equipped with tires that are designed for speed-restricted use would probably be considered to contain a safety-related defect if the vehicle is expected to travel at higher speeds.

Please contact us if we can be of any further assistance.

YOURS TRULY,

LAYTON

PAVING EQUIPMENT SPECIALISTS

January 14, 1976

Frank A. Berndt, Chief Counsel National Highway Traffic Safety Administration

RE: Motor Vehicle Standards 119 and 120

Pursuant to your request we are writing you with reference to the above two standards and as to whether or not they apply to the construction machinery we manufacture. To make it easier for you and your staff to review our request, I am enclosing herewith five items which are labeled "Exhibit A" through "D."

Exhibit A shows the tires that we are using as an undercarriage for our paver. These tires are specially designed and manufactured to our specifications, size 530/450 x 6 inches, six-ply safety rib. This is a full six-ply tire and not merely a six-ply rated tire, and has a manufacturer's rating of 680 lbs. per tire at a reasonable rate of speed. The maximum weight that our equipment would display would not exceed 450 lbs. per tire. Over the past 11 years we have manufactured and sold approximately 4,100 units and to date have not experienced any problems.

Exhibit B illustrates the special construction of the walking beam assembly on which the tires are mounted.

Exhibits C and D illustrate the paver in its entirety and also show it being attached to a vehicle for transportation. I think we should clarify what we mean by mobility because of the towing assembly. The paver is designed so that it may be transported from one job to another by virtue to the towing assembly and rubber-tired undercarriage, therefore making it more flexible for contractors and municipalities to plan their jobs, etc., and is not intended as a vehicle for extended highway use inasmuch as the vehicle will be towed less than 10% of the time and in a small vicinity. We have two companies that supply our industrial tires for this equipment: General Tire and Rubber Company and Goodyear Tire and Rubber Company.

Mr. Berndt, we ask that you review the enclosure and consider the following requests: 1) To have our equipment and its components described therein to be classified as construction machinery, and 2) an opinion and/or waiver to be issued which allows the equipment to be used as it has in the past since this is the only type of tire that can be used for our equipment.

If you need additional information or technical data, please feel free to contact Mr. Jack Layton, president and general manager, Mr. John Newcomb, manufacturing manager and chief engineer, at (503) 85-4888.

I sincerely appreciate your courtesies when I talked to you on the phone and can assure you our company will be grateful for anything you might do to help expedite our request.

Earl C. Sievers Finance Manager