Mr. James M. Hanson
Chairman Engineering Committee
Transportation Safety Equipment Institute
1325 Pennsylvania Ave., N.W.
Washington, D.C. 20004

Dear Mr. Hanson:

This replies to your letter of April 7, 1995, asking for an interpretation of the applicability requirements of paragraph S5.7 of Motor Vehicle Safety Standard No. 108.

The conspicuity requirements of S5.7 apply to "each trailer of 80 or more inches overall width and with a GVWR over 10,000 lbs." You state that the word "and" in this paragraph "could cause some trailer manufacturers to think that both conditions must be present before tape is applied on the trailer", and that some manufacturers could interpret this to avoid applying tape to trailers of the specified width but less than the specified GVWR and vice versa.

We have no objection to a manufacturer's applying conspicuity treatment to trailers of any width or GVWR. However, as S5.7 clearly states, a manufacturer is not required to comply with the conspicuity requirements unless its trailer is at least 80 inches in overall width and has a GVWR over 10,000 pounds.

If you desire further clarification on this matter, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,

John Womack Acting Chief Counsel ref:108 d:4/26/95