Interpretation ID: nht79-2.48

DATE: 01/31/79

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

TO: R.C. Back -- Director, Government Relations, Ryder Truck Rental Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of January 23, 1979, in which you asked for confirmation of your interpretation that the new restriction on mounting height of rear side marker lamps applies only to trailers and not to trucks.

This confirms your interpretation. As is stated in Table II of Motor Vehicle Safety Standard No. 108, rear side marker lamps are to be mounted above the road surface "not less than 15 in., and on the rear of trailers not more than 60 in."

SINCERELY,

RYDER TRUCK RENTAL INC.

January 23, 1979

The Office of Chief Counsel National Highway Traffic Safety Administration

Attention: Taylor Vinson

Gentlemen:

Effective March 1, 1979, Federal Motor Vehicle Safety Standard No. 108 regarding lamps, reflective devices, and associated equipment is amended to require that side marker lamps be mounted on semitrailers and trailers at a height not less than 15" nor more than 60" from the roadway. The purpose of the amendment is to afford the manufacturer more flexibility with respect to trailers of unique design while satisfying the goal of making it more likely that the trailer rear side marker lamp can be viewed in the outside rear view mirror of the tractor pulling it, "acting as a reference light by which the tractor driver may check the tracking of the trailer's rear end."

On August 25, 1978, your agency issued a rule in accordance with the prior notice amending Table II of 49CFR571.108 Motor Vehicle Safety Standard No. 108. Table II as amended provides:

Item . . . . Height above road surface measured from center of item on vehicles at unit weight

Side . . . . Not less than 15 in., and on the rear of

Marker trailers not more than

Lamps 60 in.

The purpose of this letter is to request a formal interpretation of the table as amended. It would appear that the purpose of the rule-making procedure was to limit the application of the amendment to trailers and semitrailers.

The reference in the table, in apparent conformity with the purpose of the rule making, limits the application of the 60" limitation to trailers only. Consequently, straight trucks are not affected. Will you please confirm our interpretation of the amendment.

R. C. Back, Director Government Relations