ID: nht74-3.45

DATE: 05/21/74

FROM: AUTHOR UNAVAILABLE; SIGNATURE UNAVAILABLE; NHTSA

TO: Peter Dakin

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of May 4, 1974, requesting information concerning Federal safety standards applicable to the assembly of kit cars.

The National Traffic and Motor Vehicle Safety Act of 1966 prohibits the manufacture for sale or introduction into interstate commerce of any motor vehicle that does not comply with all applicable Federal motor vehicle safety standards. Therefore, if the vehicle you are building is going to be used as a means of transportation on the road, it must be certified as conforming with all applicable safety standards. The mere use of a vehicle on public highways constitutes an introduction into interstate commerce and is prohibited unless compliance with the safety standards has been achieved.

Part 56/.4(g) (1)(ii) of the certification regulations provides the producer of the kit with an option as to whether or not he certifies that the vehicle will comply with all applicable safety standards if completed according to his instructions. We would urge you to avoid undertaking the assembly of a kit that does not give assurance as to its ultimate ability to comply. If the producer of the kit takes the responsibility of certifying the completed vehicle, you as the assembler of the vehicle must exercise reasonable care in following the instructions he provides.

For your information I have enclosed a sheet entitled "Where to Obtain Motor Vehicle Safety Standards and Regulations" which will direct you to the proper source for obtaining a copy of the safety standards and regulations.

ENC.

May 4, 1977

Peter Dakin

733 Spartan Drive

Rochester

Michigan 48063

Department of Transportation Washington DC

Dear Sir or Madam

please advise me what regulations I must obey in building a kit car for legal street use and registration?

Thank you.

Yours sincerely

Peter Dakin

ID: 11477MLS

Mr. Martin J. Beckenbach
President
PVC Molding Technologies, Inc
181 West Shore Blvd.
Newark, NY 14513

Dear Mr. Beckenbach:

This responds to your inquiry about whether there are any existing or planned standards or requirements that apply to automotive floormats. In particular, you asked whether any local, state, or Federal standard addresses an automotive floormat=s Askid resistancy@; its backing texture or grain; its thickness, weight or profile; its flammability resistance; or any other characteristic.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSSs) that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, Congress has established a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests new vehicles and items of equipment for compliance with the standards.

As for existing Federal standards, Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials, (copy enclosed) applies to materials, such as floor mats, used in the occupant compartment of new motor vehicles. Standard No. 302 specifies burn resistance requirements for materials used in the occupant compartment of new motor vehicles. Section S4.1 lists the components in vehicle occupant compartments that the vehicle manufacturer must certify as complying with the flammability resistance requirements of paragraph S4.3. One of the components listed is floor coverings. Because Standard No. 302 is a vehicle standard, the manufacturer of the vehicle, and not the manufacturer of the individual component, is responsible for certifying compliance with Standard No. 302. The standard does not apply to individual components sold separately from a vehicle, such as floormats sold in the aftermarket.

There are no other Federal standards that apply to the other characteristics of floor mats about which you asked. Even though there are no other such Federal standards, you should be

aware that under 49 U.S.C. ''30118-30121, the manufacturer of the floormat is responsible for ensuring that the floormat is free of safety-related defects. (This responsibility is borne by the vehicle manufacturer where the mats are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) If the floormat (or vehicle) manufacturer or NHTSA determines that a safety related defect exists, the manufacturer would be responsible for notifying purchasers of the defective vehicle or equipment and remedying the problem free of charge.

With regard to state or local requirements, you should contact state or local authorities for information about any applicable standards. The Automotive Manufacturers Equipment Compliance Agency, Inc. may have helpful information on whether any such authority has requirements for floormats. That organization can be reached at 1090 Vermont Avenue, N.W., Suite 1200, Washington, D.C. 20005, telephone (202) 898-0145.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel ref: 302 d:3/25/96

ID: nht94-2.85

TYPE: Interpretation-NHTSA

DATE: May 16, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Norman Duncan -- President, Study-Tech, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 3/10/94 from Norman Duncan to Rodney Slater (OCC-9882) and letter dated 10/22/93 from John Womack to Thomas G. Cehelnik

TEXT:

The Federal Highway Administration has forwarded your letter of March 10, 1994, for reply. You request "an interpretation of the existing vehicle code as it may apply to a safety warning system that our corporation has devised."

Our agency issues the Federal Motor Vehicle Safety Standards that apply to new motor vehicles, pursuant to the National Traffic and Motor Vehicle Safety Act ("the Act'). Our Standard No. 108 LAMPS, REFLECTIVE DEVICES, AND ASSOCIATED EQUIPMENT is the regu lation that governs the performance of lighting equipment that is required on new motor vehicles and determines whether optional lighting equipment is acceptable. As you have described it, the "Early-Warning Slow Down Safety Light" will automatically be activated when a vehicle decelerates. The system will operate through the stop lamps, but, alternatively, it could employ separate lamps mounted on the rear deck.

Your system is similar to others which have been suggested over the years, and we therefore do not feel that a demonstration is necessary as you have offered. With respect to operation of your system through the stop lamps, as you will see from our lette r of October 22, 1993, to Dr. Cehelnik, a copy of which I have enclosed, automatic activation of the stop lamps is not permitted by Standard No. 108 which allows the stop lamps to operate only when the brake pedal is applied.

As for operation of your system through a separate lamp system, paragraph S5.1.3 of Standard No. 108 permits supplementary lighting equipment provided that it does not impair the effectiveness of lighting equipment required by the standard. Were your sep arate warning system to utilize red lenses, we believe that it could impair the effectiveness of the required stop lamps by sending at times a false signal; not every deceleration is followed by braking, and the operation of your system when not followed by brake application activating the stop lamps could be confusing to a following driver. On the other hands, if your system utilized amber lenses, we believe that impairment would be unlikely to exist because the public associates this color with the ne ed for caution.

The Act itself governs acceptability of your system in the aftermarket (i. e. , installed on vehicles in use). Section 108 (a) (2) (A) prohibits manufacturers, dealers, distributors, and motor vehicle repair businesses from knowingly rendering inoperativ e, in whole or in part, any device or element of design installed in accordance with Standard No. 108 and all other safety standards. We interpret this where possible as equating inoperability with impairment. Thus, we would view installation of your

system by the persons named above as violative of the Act if it operated through the stop lamp system or if it were a separate lamp system with red lenses.

Even where a supplementary lighting system may be permitted under Federal laws and regulations, it remains subject to the laws of the individual states where the system will be operated. We are unable to advise you on State laws, and suggest that you wri te for an opinion to: American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

ID: 15121.wkm

Mr. Robert O. Martin
Division Vice President
Corporate Quality Assurance Division
Bridgestone/Firestone, Inc.
50 Century Boulevard
Nashville, TN 37214

Dear Mr. Martin:

Please pardon the delay in responding to your letter addressed to Walter Myers of my staff, in which you asked whether you may install light truck (LT) metric tires that comply with Federal motor vehicle safety standard (FMVSS) No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars, and No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars, on a "Presidential Limo" that you describe as "basically a modified passenger vehicle." The installation of LT tires would not be permitted on a passenger car under the provisions of FMVSS No. 110, Tire Selection and Rims.

NHTSA defines a "passenger car" as "a motor vehicle. . ., except a multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less." A "multipurpose passenger vehicle" (MPV) is one designed to carry 10 persons or less but which "is constructed either on a truck chassis or with special features for occasional off-road operation." Finally, a motor vehicle, except a trailer, designed to carry more than 10 persons is classified as a bus.

You did not specify the original vehicle that you modified to create the presidential limo, other than to call it a modified passenger vehicle, nor did you describe the modifications you made to it. All the vehicles described in the previous paragraph are passenger vehicles, but each has different functions, classifications, and requirements. Thus, the classification of the basic vehicle determines which set of tire requirements apply to it.

If you "stretched" a passenger car, for example, or if you modified a passenger car other than by stretching it, the issue then becomes whether the vehicle as modified is still a passenger car or whether it should be recertified as a different type of vehicle. If it still carries 10 persons or less or if it has not become an MPV, it retains its classification as a passenger car. Paragraph S4.1 of FMVSS No. 110 states that passengers cars must be equipped with tires that meet the requirements of FMVSS No. 109, New Pneumatic Tires. Installation of tires certified as complying with FMVSS No. 119 is not permitted on passenger cars because of the high speed performance test required of passenger car tires but not of LT tires. Specifically, paragraph S4.2.2.6 of FMVSS No. 109 requires that passenger car tires be subjected to a high speed test, while paragraph S6.3 of FMVSS No. 119 applies the high speed test only to motorcycle tires and "non-speed-restricted tires of 14.5-in nominal rim diameter or less marked load range A, B, C, or D." We can assume that a stretched limo, in at least a few situations, may be driven at high speeds. If, on the other hand, the original vehicle was certified as an MPV, truck, or bus, FMVSS No. 120 specifies that tires that comply with either FMVSS Nos. 109 or 119 may be installed on it, provided that if passenger car tires under FMVSS No. 109 are installed on it, they would be subject to the 10 percent load rating correction factor specified in paragraph S5.1.2 of FMVSS No. 120.

I hope this information is helpful to you. Should you have any questions or require any further information, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
ref:109#110#119#120
d.10/1/97

ID: 9882

Mr. Norman Duncan
President
Study-Tech, Inc.
603 South River Road
des Plaines, IL 60016

Dear Mr. Duncan:

The Federal Highway Administration has forwarded your letter of March 10, 1994, for reply. You request "an interpretation of the existing vehicle code as it may apply to a safety- warning system that our corporation has devised."

Our agency issues the Federal Motor Vehicle Safety Standards that apply to new motor vehicles, pursuant to the National Traffic and Motor Vehicle Safety Act ("the Act'). Our Standard No. 108 Lamps, Reflective Devices, and Associated Equipment is the regulation that governs the performance of lighting equipment that is required on new motor vehicles and determines whether optional lighting equipment is acceptable. As you have described it, the "Early-Warning Slow Down Safety Light" will automatically be activated when a vehicle decelerates. The system will operate through the stop lamps, but, alternatively, it could employ separate lamps mounted on the rear deck.

Your system is similar to others which have been suggested over the years, and we therefore do not feel that a demonstration is necessary as you have offered. With respect to operation of your system through the stop lamps, as you will see from our letter of October 22, 1993, to Dr. Cehelnik, a copy of which I have enclosed, automatic activation of the stop lamps is not permitted by Standard No. 108 which allows the stop lamps to operate only when the brake pedal is applied.

As for operation of your system through a separate lamp system, paragraph S5.1.3 of Standard No. 108 permits supplementary lighting equipment provided that it does not impair the effectiveness of lighting equipment required by the standard. Were your separate warning system to utilize red lenses, we believe that it could impair the effectiveness of the required stop lamps by sending at times a false signal; not every deceleration is followed by braking, and the operation of your system when not followed by brake application activating the stop lamps could be confusing to a following driver. On the other hands, if your system utilized amber lenses, we believe that impairment would be unlikely to exist because the public associates this color with the need for caution.

The Act itself governs acceptability of your system in the aftermarket (i.e., installed on vehicles in use). Section 108(a)(2)(A) prohibits manufacturers, dealers, distributors, and motor vehicle repair businesses from knowingly rendering inoperative, in whole or in part, any device or element of design installed in accordance with Standard No. 108 and all other safety standards. We interpret this where possible as equating inoperability with impairment. Thus, we would view installation of your system by the persons named above as violative of the Act if it operated through the stop lamp system or if it were a separate lamp system with red lenses.

Even where a supplementary lighting system may be permitted under Federal laws and regulations, it remains subject to the laws of the individual states where the system will be operated. We are unable to advise you on State laws, and suggest that you write for an opinion to: American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:108#VSA d:5/16/94

ID: nht94-5.28

DATE: May 16, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Norman Duncan -- President, Study-Tech, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 3/10/94 from Norman Duncan to Rodney Slater (OCC-9882) and letter dated 10/22/93 from John Womack to Thomas G. Cehelnik

TEXT:

The Federal Highway Administration has forwarded your letter of March 10, 1994, for reply. You request "an interpretation of the existing vehicle code as it may apply to a safety warning system that our corporation has devised."

Our agency issues the Federal Motor Vehicle Safety Standards that apply to new motor vehicles, pursuant to the National Traffic and Motor Vehicle Safety Act ("the Act'). Our Standard No. 108 LAMPS, REFLECTIVE DEVICES, AND ASSOCIATED EQUIPMENT is the regulation that governs the performance of lighting equipment that is required on new motor vehicles and determines whether optional lighting equipment is acceptable. As you have described it, the "Early-Warning Slow Down Safety Light" will automatically be activated when a vehicle decelerates. The system will operate through the stop lamps, but, alternatively, it could employ separate lamps mounted on the rear deck.

Your system is similar to others which have been suggested over the years, and we therefore do not feel that a demonstration is necessary as you have offered. With respect to operation of your system through the stop lamps, as you will see from our letter of October 22, 1993, to Dr. Cehelnik, a copy of which I have enclosed, automatic activation of the stop lamps is not permitted by Standard No. 108 which allows the stop lamps to operate only when the brake pedal is applied.

As for operation of your system through a separate lamp system, paragraph S5.1.3 of Standard No. 108 permits supplementary lighting equipment provided that it does not impair the effectiveness of lighting equipment required by the standard. Were your separate warning system to utilize red lenses, we believe that it could impair the effectiveness of the required stop lamps by sending at times a false signal; not every deceleration is followed by braking, and the operation of your system when not followed by brake application activating the stop lamps could be confusing to a following driver. On the other hands, if your system utilized amber lenses, we believe that impairment would be unlikely to exist because the public associates this color with the need for caution.

The Act itself governs acceptability of your system in the aftermarket (i. e. , installed on vehicles in use). Section 108 (a) (2) (A) prohibits manufacturers, dealers, distributors, and motor vehicle repair businesses from knowingly rendering inoperative, in whole or in part, any device or element of design installed in accordance with Standard No. 108 and all other safety standards. We interpret this where possible as equating inoperability with impairment. Thus, we would view installation of your

system by the persons named above as violative of the Act if it operated through the stop lamp system or if it were a separate lamp system with red lenses.

Even where a supplementary lighting system may be permitted under Federal laws and regulations, it remains subject to the laws of the individual states where the system will be operated. We are unable to advise you on State laws, and suggest that you write for an opinion to: American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

ID: 19024.wkm

Mr. William E. Daniels, Jr.
Precision Husky Corporation
P.O. Box Drawer 507
Leeds, AL 35094-0507

Dear Mr. Daniels:

Please pardon the delay in responding to your letter to Walter Myers of my staff in which you asked whether the tub grinders your company produces would constitute motor vehicles. The answer is no.

You stated that the purpose of the tub grinders is the processing of organic waste materials. The grinders are used at composting facilities and land fills world-wide. You stated that normally, a customer will purchase a grinder at the factory, after which it is transported to the distributor for final inspection, then delivered to the customer's work site. Once there it typically remains at that site for its useful life, considered to be approximately 5 to 7 years. The grinder may be towed over the public roads on rare occasions, however, such as from job site to job site, back to the factory for rebuilding, and resold and towed to the next buyer. You also referred to a problem with shipping a grinder into Canada.

Chapter 301 of Title 49, U.S. Code (U.S.C.) (Safety Act) authorizes the National Highway Traffic Safety Administration to establish Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. The Safety Act, at 49 U.S.C. 30102(a)(6), defines "motor vehicle" as:

[A] vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

Based on your description of your tub grinders and the product brochures you enclosed with your letter, it appears that the grinders are not motor vehicles within the statutory definition quoted above. They obviously are designed to be used primarily at off-road job sites for extended periods of time, although they are capable of being towed to other locations. In such cases, the on-road transport of these items is merely incidental and not the primary purpose for which they were manufactured. This contrasts with instances in which vehicles such as dump trucks frequently use the public roads going to and from off-road job sites, but stay at the sites for only a limited time. Such vehicles are considered motor vehicles for purposes of the Safety Act, since their on-road use is more than merely "incidental."

With respect to shipping grinders to Canada, since they are not "motor vehicles" within the definition of the Safety Act, they are not required to comply with the FMVSSs. They may, however, be driven, towed, or otherwise transported to the U.S. border or to a U.S. port for further shipment to a foreign market so long as they are labeled on the vehicle or equipment clearly indicating intent to export. There is no prescribed form or format for the export label, but the label must be legible, obvious, and clearly indicate "For Export Only."

I hope this information is helpful to you. Should you have any questions or need further information, feel free to contact Mr. Myers at this address or at (202) 366-2992, or fax at (202) 366-3820.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:567
d.2/3/99

ID: nht73-4.28

DATE: 06/26/73

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

TO: Peterbilt Motor Truck Co.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of May 22, 1973, in which you state you are a distributor of Peterbilt trucks and ask whether certain operations you perform subject you to Federal requirements. These operations are modifications to air brake systems and the installation of used bodies on new truck chassis.

A company whose business includes the installation of used bodies on new truck chassis is a manufacturer under the National Traffic and Motor Vehicle Safety Act and, as such, has certain responsibilities under the Act and regulations issued by this agency. In response to your question regarding registration, you are required pursuant to NHTSA "Manufacturers' Identification" regulations (49 CFR Part 566) to submit to the agency information regarding the manufacturing operations of your company and the types of vehicles that it manufactures.

A manufacturer is also required, pursuant to NHTSA "Certification" regulations (49 CFR Part 567, 568) to ascertain and certify the conformity of each vehicle he manufacturers to applicable motor vehicle safety standards. Under these regulations the person who completes the vehicles (the "final-stage manufacturer") is required to affix to the vehicle a label that contains the certification that the vehicle conforms to applicable standards, as well as other information. Our experience has been that most manufacturers who install truck bodies onto new chassis are final-stage manufacturers, who must affix this label. Persons whose manufacturing operations precede that of the final-stage manufacturer are required to provide documentation with the vehicle that indicates what steps will be necessary in order to bring the vehicle into conformity with applicable standards.

You also ask if there are requirements for the making of periodic reports. NHTSA "Defect Reports" regulations (49 CFR @ 573.5(b)) do require manufacturers to furnish the NHTSA with quarterly production figures.

The other operation you describe is the modification of vehicle air brake systems, including changes in valves, lines, spring brakes, air tanks, etc. If you merely modify an existing air brake system, there are presently no certification or reporting requirements applicable to you. The NHTSA has just issued certification requirements for persons who alter completed vehicles, and depending on the extent of the modification you perform, these requirements may apply to you. They are effective February 1, 1974. All trucks manufactured after September 1, 1974, that are manufactured with air brakes will be required to conform to requirements specified in Federal Motor Vehicle Safety Standard No. 121. The law would not allow you to modify the air brake system of any truck manufactured on or after that date, before the sale of the truck to a purchaser for a purpose other than resale (a user), if the modification you performed would cause the vehicle to no longer comply with the standard.

I have only summarized the requirements that, based on the facts you have provided, would be applicable to you. Your responsibilities are stated specifically in the regulations we have referred to, and you may obtain copies of these requirements as indicated on the enclosed, "Where to Obtain Motor Vehicle Safety Standards and Regulations."

ENC.

May 22, 1973

Mr. Larry Schneider, Chief Counsel NHTSA

We are distributors of Peterbilt trucks and, in addition to the sales and services of Peterbilt trucks, we operate a service and repair shop which, in addition to the repair of used trucks, we intend to perform, occasionally, the following services both on new Peterbilts that we sell and other makes of new trucks sold by other dealers.

1) Modifications to air brake systems including, but not limited to, changes in valves, lines, spring brakes, air tanks, etc. $2) Removal of bodies from used trucks and installation of these bodies on new chassis.

Services described in 1) and 2) above are done on order to us from the owners of vehicles involved.

Can you advise us regarding our responibilities in the following areas.

a) Are we required to register? If yes, how do we do this?

b) Are we required to make periodic reports? If so, to whom and when?

c) Are we required to "certify" what we do? If so, how, when, to whom, etc.?

Thank you for your assistance.

ENGS MOTOR TRUCK CO.

R. W. Harvey

ID: nht94-8.42

DATE: January 26, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ramin Bogzaran -- General Manager, Remedquip International Manufacturing, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 12/1/93 from Ramin Bogzaran to John Womack; Also attached to fax dated 12/15/93 from Ramin Bogzaran to Marvin Shaw; Also attached to letter dated 11/15/93 from Amar Chhabra to whom it may concern; Also attached to letter dated 11/30/93 from Lynn White to Jeff Boraston

TEXT:

This responds to your letter of December 1, 1993, in which you asked whether two trailers on which are mounted specialized equipment would be classified as motor vehicles. We are sorry we were unable to respond by your requested date of December 14, 1993.

You stated that the trailers in question were manufactured in Greenville, TN in 1991 and Shipped to a company in Canada which is no longer in business. A transportable soil remediation plant was mounted on the trailers, but they have not been used or moved since their delivery. You stated that you now expect to import the trailers with their mounted equipment into the U.S. for use as a transportable soil remediation plant. You stated that the trailers will not be registered and will be moved only with permits because the anticipated projects for the equipment are long term and "the trailers will hardly see the road in their lifetime." You stated that the trailers will be inspected before they are moved to assure their safety, and that you will assure the safety of the equipment on the road while transporting it from Vancouver, Canada to your shop in San Diego, CA. You enclosed with your letter a certificate of origin, pictures of the trailers with the equipment mounted thereon, a letter from the company that originally purchased the trailers, and a letter from the manufacturer of the trailers.

By way of background information, the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S. Code S1381 to S1431, as amended (Safety Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal Motor Vehicle Safety Standards applicable to new motor vehicles or new items of motor vehicle equipment manufactured or imported for sale in the U.S. The term "motor vehicle" is defined in the Safety Act as:

(A)ny vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

NHTSA has interpreted that language as follows. Vehicles that are equipped with tracks or that are otherwise incapable of highway travel are clearly not motor vehicles. In addition, vehicles designed and sold solely for off-road use, such as airport runway vehicles and underground mining devices, are not considered motor vehicles, even though they may be operationally capable of highway travel. Vehicles that have an abnormal body configuration that readily distinguishes them from other highway vehicles and that have a maximum speed of 20 miles per hour are not considered motor vehicles, nor is equipment that uses the highways solely to move between job sites and which typically spends

extended periods of time at a single job site. Those vehicles or equipment are not considered motor vehicles because their intended use of the public roads is intermittent and incidental to their primary off-road use.

Based on your representations that your trailers will be utilized on long-term off-road projects, they would not be classified as motor vehicles. Therefore, they would not be subject to the U.S. Federal motor vehicle safety standards nor the import requirements of 49 CFR 591.5. That determination, however, does not mean that the trailers would necessarily be exempt from state motor vehicle requirements, especially the states through which you intend to transport the equipment from Vancouver to San Diego. For information on state laws in that regard, you may contact the American Association of Motor Vehicle Administrators, 4200 Wilson Boulevard, Suite 600, Arlington, VA 22204, (703) 522-4200.

I hope this information is helpful to you. Should you have any further questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.

ID: 86-6.14

TYPE: INTERPRETATION-NHTSA

DATE: 12/15/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: LeRoy E. Mueller

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. LeRoy E. Mueller President Wisconsin Trailer Company Inc. Richfield, WI 53076

Dear Mr. Mueller:

Don Vierimaa of Truck Trailer Manufacturers Association has asked us to reply to your letter of June 18, 1986, in which you inquired whether a proposed rear lighting system for trailers "meets the regulations governing lights and reflectors." We understand, from your conversation on October 7 with Taylor Vinson of this Office that the trailer in question is a flat bed one, intended to tip forward to facilitate the loading and unloading of cargo.

The requirements for trailer lighting for vehicles whose overall width is 80 inches or more are imposed by Federal Motor Vehicle Safety Standard No. 108. Table I lists the required equipment items, and Table II establishes the location for them. With one exception, the system depicted by your Drawing A60686 indicates that the required equipment will be furnished in accordance with Table I. The exception is the apparent failure to provide clearance lamps. These lamps, and the three-lamp identification lamp cluster are required for wide trailers. In our view, it will be necessary to mount additional lamps on the rear of your proposed trailer to provide this function. Paragraph S4.4 of Standard No. 108 prohibits the optical combination of clearance lamps and taillamps, and clearance lamps and identification lamps.

However, the location of the lamps as shown in Drawing A60686 does not appear to meet the requirements of Table II. that they be located "on the rear", or the visibility requirements discussed below. The identification lamps and reflectors are located under the platform and 19 inches from its rear edge, while the combination stop-tail-turn signal lamps are 22 inches from the rear edge of the platform. We therefore call your attention to paragraph S4.3.1.1. of Standard No. 108, and the appropriate photometric and visibility requirements of Standard No. 108 and SAE standards incorporated by reference for rear lighting equipment. In general, vehicle equipment shall not prevent photometric compliance by rear lighting devices, which shall be located so that at least two square inches of lens area are visible at angles of 45 degrees to the left, and 15 degrees to the right of the centerpoint of the lens. However, if motor vehicle equipment prevents compliance with visibility requirements, auxiliary lamps meeting the visibility requirements shall be provided.

We are mindful that the configuratIons of certain trailers are such that compliance problems may arise that are not easily solved. I enclose a recent letter to a manufacturer who had an interpretative question similar to yours, with the thought it may be of help to you.

I hope that this is responsive to your request.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure

Mr. Donald W. Vierimaa Truck Trailer Manufacturers Association 1020 Princess Street Alexandria, VA 22314

Dear Don:

I am enclosing three (3) copies of our drawing number A60686 showing the proposed light system on the rear portion of a trailer which we intend to market.

We would like to have you forward the drawings to the proper individuals in the Department of Transportation who could give us a ruling to whether or not this system meets the regulations governing lights and reflectors. The lights and reflectors are all Class A and meet all D.O.T. requirements.

Thank you for your cooperation In this matter.

Very truly yours, WISCONSIN TRAILER CO., INC.

LeRoy E. Mueller President

LEM/pb Enclosures

SEE HARD COPY FOR GRAPHICS