Brownie Tank Mfg. Co.
1241 - 72nd Ave. N.E.
Minneapolis, MN 55432
Dear Mr. Determan:
This is in reply to your letter of September 2, 1994, to Taylor Vinson of this Office. You have inquired about the mounting height requirements specified in Motor Vehicle Safety Standard No. 108 for side marker lamps and reflex reflectors installed on tank trucks.
You understand that "side marker lamps must be mounted at any height above 15" from ground level, and reflex reflectors must be mounted between 15" and 60" from ground level."
You are correct. Standard No. 108 (Tables II and IV) specifies that side reflex reflectors on trucks shall be mounted not less than 15 inches nor more than 60 inches above the road surface, and that side marker lamps must be mounted not less than 15 inches above the road surface. This means that side marker lamps may be placed at heights greater than 60 inches.
Noting your thought that enforcement personnel are mistakenly applying requirements for trailers to tank trucks of your customers, I would like to say that the requirements are the same for trailers, except that, under Table II which applies to trailers whose overall width is 80 inches or more, the rear side marker lamps are subject to the same 60-inch height limitation as the side reflex reflectors.
I hope that this is helpful in resolving your problem.
Philip R. Recht Chief Counsel ref:108 d:12/7/94