Interpretation ID: nht78-1.2

DATE: 12/08/78

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Wesco Truck & Trailer Sales

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Eugene D. Sambucetti Wesco Truck & Trailer Sales P.O. Box 626 1960 E. Main Street Woodland, California 95695

Dear Mr. Sambucetti:

This responds to your October 30, 1978, request to know how the National Highway Traffic Safety Administration (NHTSA) expects a trailer manufacturer to provide the lateral stability necessary to remain within a 12-foot-wide lane while stopping from 60 mph in the absence of antilock installation. Your question follows from an interpretation of the recent Ninth Circuit ruling in which the agency stated its view that trailers are still required to stop from 60 mph within the 12-foot-wide lane, but without the capability of "no lockup" performance.

In interpreting the court's ruling that "no lockup" performance on trailers was invalid, the NHTSA recognized that the 12-foot-wide lane requirement would probably also be invalid if the requirement for 90 p.s.i. air pressure in the trailer control line during the stop remained effective. As you know, there is no stopping distance for trailers that would otherwise require a strong brake application and resulting loss of lateral stability. The agency therefore concluded that the 90 p.s.i. requirement was invalidated, stating in its October 19th interpretation,

It does appear that the requirement for 90 p.s.i. air pressure in the trailer control line during the stop constitutes a portion of the "no lockup" requirement and is therefore invalidated by the court.

Sincerely,

Joseph J. Levin, Jr. Chief Counsel

October 30, 1978

Mr. Tad Herlihy Office of Chief Counsel, National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington D.C. 20590

Dear Mr. Herlihy:

In looking over the interpretation of your department's views of what is valid and what was invalidated by the decision rendered by the Ninth District Court we have one question to present to you for an answer;

How can we, a trailer manufacturer, comply with the law when you state as valid "Remaining within a 12 foot lane while stopping" without "antilock" which you state has been invalidated?

We look forward to your prompt reply so we can assure ourselves to be in compliance.

Very truly yours,

WESCO TRUCK & TRAILER SALES

Eugene D. Sambucetti President

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