ID: Huser.1

Mr. Ken Huser
Eldorado National, Kansas
1655 Wall Street
Salina, KS 67401

Dear Mr. Huser:

This responds to your recent e-mail to the National Highway Traffic Safety Administration (NHTSA), in which you ask whether our regulations include requirements for the activation (illumination) of clearance, identification, and side marker lamps on vehicles of 80 inches or more in overall width. Your correspondence stated that you are seeking confirmation of this point because a customer is requesting that you modify a vehicle equipped with front clearance lamps to provide a switch that would allow the operator to turn off those lamps. The answer to your questions is no, although other Federal or State laws may apply in this situation.

By way of background, 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. It is the responsibility of manufacturers to certify that their products conform to all applicable safety standards before they can be offered for sale (see 49 CFR Part 571). After the first sale of the vehicle, manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard. 49 U.S.C. 30122.

The requirements for lighting equipment are contained in FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. As you point out in your e-mail, paragraph S5.5.7 of the standard sets forth activation (illumination) requirements for certain lamps on passenger cars, motorcycles, and on multipurpose passenger vehicles, trucks, and buses less than 80 inches in overall width (e.g., when the parking lamps are activated, the taillamps, license plate lamps, and side marker lamps shall also be activated). It is also correct that, in certain cases, the standard specifies activation requirements for certain lamps on all vehicles, such as paragraph S5.5.3, which provides that the taillamps on each vehicle shall be activated when the headlamps are activated in a steady-burning state. However, the standard contains no similar requirements for any electrical wiring or switching relationship between the clearance, identification, and side marker lamps on vehicles of 80 inches or more in overall width, and any other required lamps.

However, I would note that other authorities with jurisdiction over vehicles operational safety may have addressed this issue, so you may wish to make further inquiries before undertaking modifications to the vehicle in question. Specifically, the Departments Federal Motor Carrier Safety Administration (FMCSA) has jurisdiction over interstate motor carriers operating in the United States. You may wish to contact FMCSA at (202) 366-4009 to obtain further information regarding any FMCSA regulations dealing with vehicle operating requirements related to lighting.

In addition, States have the authority to regulate the use and licensing of vehicles operating within their jurisdictions. Therefore, you may wish to check with the Department of Motor Vehicles in any State where the vehicle will be used regarding any such requirements.

I hope you find this information useful. If you have further questions, please feel free to contact Eric Stas of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:108
d.10/6/04

ID: nht89-1.4

TYPE: INTERPRETATION-NHTSA

DATE: 01/18/89

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: WENDELL D. KEGG -- TIRE WHEEL CONSULTANTS

TITLE: NONE

ATTACHMT: LETTER DATED 09/14/88 FROM WENDELL D. KEGG TO ERIKA Z. JONES -- NHTSA, OCC 2560

TEXT: Dear Mr. Kegg:

This responds to your letter seeking an interpretation of Federal Motor Vehicle Safety Standard No. 110, Tire Selection and Rims. You were uncertain about section S4.3.1's requirements related to the inflation pressure for spare tires specified on vehic le placards. You asked whether a vehicle manufacturer can specify a higher inflation pressure for a spare tire than the maximum inflation pressure molded on the tire's sidewall.

As you know, FMVSS 110 sets forth requirements related to vehicle placards in passenger cars. Section S4.3 requires that the placard be "permanently affixed to the glove compartment door or an equally accessible location" and display the vehicle capacit y weight; the designated seating capacity; the vehicle manufacturer's recommended cold tire inflation pressure for maximum loaded weight and, subject to the limitations of S4.3.1, for any other manufacturer-specified vehicle loading condition; and the ve hicle manufacturer's recommended tire size designation. FMVSS 110 does not have any provision requiring the inclusion of information on the placard related to spare tires or air pressure related to spare tires. Accordingly, a passenger car manufacturer may, but is not required to, specify information related to spare tires on the placard.

In response to your question whether a passenger car manufacturer can specify a higher inflation pressure for a spare tire than the maximum inflation pressure molded on the spare tire's sidewall, section S4.3.1 of FMVSS 110 states that the vehicle placar d must not specify an "inflation pressure other than the maximum permissible inflation pressure" required to be molded on the tire itself by section S4.3 of FMVSS 109, New Pneumatic Tires, unless the alternative inflation pressure satisfies the three con ditions set forth in S4.3.1. The first condition requires that the alternative inflation pressure be less than the maximum permissible inflation pressure. The second condition requires that the vehicle loading condition be specified for the alternative reduced pressure. The third condition requires that the tire load rating be specified by an individual manufacturer for the tire size at that inflation pressure that

is not less than the vehicle load on the tire for that vehicle loading condition. Accordingly, a vehicle manufacturer could not specify on its placard an inflation pressure that exceeds the maximum permissible inflation pressure.

I am enclosing a December 13, 1984 letter to Mr. Alberto Negro of Fiat, which explains the agency's position concerning a manufacturer's specification on the placard of an inflation pressure that exceeds the maximum inflation pressure molded on the tire. As that letter indicates, a manufacturer would have to meet each of the conditions specified in section S4.3.1, including that the alternative inflation pressure must be less than the maximum permissible inflation pressure. Because spare tires are sub ject to these requirements like any other pneumatic tire, a vehicle manufacturer could not specify a higher inflation pressure for a spare tire than the maximum inflation pressure molded on that tire.

If you have any further questions or need additional information on this subject, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

ENCLOSURE

ID: 23010.ztv

Mr. Tomas P. Quintanilla
Customs & Quarantine Officer III
1501 Central Avenue
Tiyan, GU 96913





Dear Mr. Quintanilla:

This is in reply to your fax of April 18, 2001 asking several questions about a 1954 BMW motorcycle recently imported into Guam. You report that "the motorcycle has all the original parts affixed when it was manufactured excluding the tires." We understand this to mean that the tires on the vehicle are not the original ones.

You asked "If the tires on the motorcycle are specifically made for that type and year of motorcycle/vehicle and manufactured after 1966, should it or does it have to comply with the FMVSS?"

This is an interesting question, and the answer is no. The motorcycle itself, of course, is not required to meet the Federal motor vehicle safety standards since it is a motor vehicle that is "at least 25 years old" (49 U.S.C. 30112(b)(9)). On the other hand, Federal Motor Vehicle Safety Standard No. 119, "New Pneumatic Tires for Vehicles Other Than Passenger Cars," is an equipment standard. It does not apply to motorcycles but to "new pneumatic tires designed for highway use on . . . motorcycles manufactured after 1948" (S3, 49 CFR 571.119). There is no question that new replacement tires for a 1954 BMW motorcycle would have to meet Standard No. 119. Nor is there any question, under our interpretations, that, if the BMW's tires were shipped separately, they would have to comply with Standard No. 119 if they were manufactured on or after September 1, 1974, the effective date of Standard No. 119 (Unlike its treatment of motor vehicles, Section 30112(b)(9) does not exclude motor vehicle equipment from applicability of the Federal motor vehicle safety standards on the basis of age).

However, when a single motor vehicle that is no longer required to comply with our regulations because of its age is imported into the United States, we would not require any individual replacement equipment item installed on the vehicle at the time of entry to meet a Federal requirement that might be appropriate were the equipment item detached and shipped separately. This means that the tires of the BMW motorcycle do not have to comply with Standard No. 119 if the motorcycle is imported with them installed (or if they are detached and were manufactured before September 1, 1974).

You have also asked: "If an individual imports a . . . 1950/1960 model vehicle and needs to replace any glass item with an original replacement (windshield, window lights . . . .) do these items need to comply with FMVSS?"

The answer is yes. Any glazing that is manufactured to replace any glazing in any motor vehicle, no matter what its age, must be manufactured and marked in accordance with Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, Glazing installed in a motor vehicle at the time of its importation need not comply with Standard No. 205 when the vehicle itself is excused from compliance because it is 25 years or older in age.

Sincerely,

John Womack
Acting Chief Counsel

ref:591
d.5/15/01

ID: 86-1.17

TYPE: INTERPRETATION-NHTSA

DATE: 02/03/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Ms. Cynthia R. Syverson

TITLE: FMVSS INTERPRETATION

TEXT:

February 3, 1986 Ms. Cynthia R. Syverson P.O. Box 23314 Jacksonville, FL 32217 Dear Ms. Syverson: Thank you for your letter of January 7, 1986, inquiring about the Federal safety standards that apply to a sun shading product you enclosed with you letter and asking whether the product complies with our standards. The product is a rolldown sun shade, which when extended cover a 15 x 18 inch area of a vehicle window with a piece of perforated plastic. The product is designed to be attached to a vehicle's windows by suction cups. The following discussion explains how our safety standards apply to this product. Some background information on how Federal motor vehicle safety laws and regulations affect your product may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act, to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA , however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the Vehicle Safety Act establishes a "self certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically test vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects. As explained below, installation of products in new and used vehicles would be affected by our regulations. In addition, any manufacturer of motor vehicle equipment is subject to the requirements of the Vehicle Safety Act concerning the recall and remedy of products with noncompliances or defects related to motor vehicle safety. We have issued Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, which specifies performance and location requirements for glazing used in vehicles. these requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars). No manufacturer or dealer is permitted to install solar films and other sun screen devices, such as the one enclosed in your letter, in new vehicles without certifying that the vehicle continues to be in compliance with the light transmittance and other requirements of the standard. After a vehicle is first sold to a consumer, modifications to a vehicle are affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from tampering with safety equipment installed on a vehicle in compliance with our standards. Thus, no dealer, manufacturer, repair business or distributor can install a sun screen device for the owner of the vehicle, if the device would cause the window not to meet the requirements of Standard No. 205. Violation of section 108(a)(2)(A) can result in Federal civil penalties of up to $1,000 for each violation. Section 108(a)(2)(A) does not affect vehicle owners, who may themselves alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may install sun screening devices regardless of whether the installation adversely affects the light transmittance. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of States to preclude owners from using sun screens in their vehicles. If you need further information, please let me know. I an returning, under separate cover, the sample you sent. Sincerely, Original Signed By Erika Z. Jones Chief Counsel

ID: 86-3.6

TYPE: INTERPRETATION-NHTSA

DATE: 05/02/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: South Carolina Legislature

TITLE: FMVSS INTERPRETATION

TEXT:

The Honorable Ralph Davenport South Carolina Legislature P.O. 1301 Spartanburg, SC 20394

Dear Mr. Davenport:

This is to follow up on your phone conversation with Stephen Oesch of my staff concerning the effect of Federal regulations on the tinting of motor vehicle windows. I hope the following discussion answers your questions.

Some background information on how Federal motor vehicle safety laws and regulations affect the tinting of vehicle windows may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act, to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. We have issued Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars).

You first asked if the Federal motor vehicle safety standards apply to foreign vehicles sold in the United States. As with all our standards, Standard No. 205 applies to any new vehicle, whether made by a foreign or domestic company, manufactured for sale in the United States. Thus, no manufacturer or dealer is permitted to install solar films and other sun screen devices in new vehicles without certifying that the vehicle continues to be in compliance with the light transmittance and other requirements of the standard. Violation of Standard No. 205 can result in Federal civil penalties of up to $1,000 for each violation. In addition, a manufacturer of a vehicle that does not comply with our standards is required to remedy any noncompliances in its vehicles.

You also asked how Federal law affects businesses that tinted the windows of used vehicles. After a vehicle is first sold to a consumer, modifications to a vehicle are affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from tampering with safety equipment installed on a vehicle in compliance with our standards. Thus, no dealer, manufacturer, repair business or distributor can install a sun screen device for the owner of the vehicle, if the device would cause the window not to meet the requirements of Standard No 205. Violation of section 100(a)(2)(A) can result in Federal civil penalties of up to $1,000 for each violation.

Section 108(a)(2)(A) does not affect vehicle owners, who may themselves alter their vehicles as they please, so long as they adhere to all State requirements. Thus, under Federal law, the owner may install sun screening devices regardless of whether the installation adversely affects the light transmittance, However, the agency recommends that vehicle owners not install materials that would impair their vision and thus adversely affect safety. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from using sun screens in their vehicles.

If you need further information, please let me know.

Sincerely,

Original Signed By

Erika Z. Jones Chief Counsel

ID: 21015.ogm

Mr. Murray West
P.O. Box 7081
Terre Haute, IN 47802

Dear Mr. West:

This responds to your letter requesting information about modifying the seat back in your new Ford Escort. I apologize for the delay in our response. You indicate that the angle of the seatback is uncomfortable for you and that you wish to have the seat modified so that the seat back would be perpendicular to the seat cushion. Representatives of the dealer who sold the car to you have indicated that it would be illegal for them to modify the seat in the manner you request. You ask that you be provided with the statutes or regulations which make modifying the existing seat illegal.

We would like to explain that the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSS) that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to assure that their products conform to our safety standards before they can be offered for sale. After the first sale of the vehicle, manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard. In general, the "make inoperative" prohibition (49 U.S.C. 30122) requires businesses which modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable standard. Violations of this prohibition are punishable by civil penalties of up to $1,100 per violation.

FMVSS No. 207, Seating systems (49 CFR 571.207; copy enclosed), sets forth minimum performance requirements for the seating systems installed in new passenger cars, such as your Ford Escort. FMVSS No. 207 does not contain any requirements that specify that the seat back must be within a certain range of angles to the seat back. The standard does, however, require that seats and seat backs meet certain strength requirements. Any modifications to the seat that would alter its original design could affect the seat's ability to meet these strength requirements. FMVSS No. 208, Occupant crash protection, sets forth certain performance requirements for frontal crash protection. Modifying the seat back angle in the manner you describe in your letter may have an impact on the ability of the seat belt and air bag to protect the driver in a crash. We do not know if modifying the adjustment mechanism on your seat to make the back perpendicular to the seat cushion would affect the seat's compliance with FMVSS No. 207 or No. 208 and how such a modified seat would perform in a crash.

You may wish to ask the manufacturer of your vehicle what effect modifying the seat back angle would have on its ability to meet FMVSS No. 207 or No. 208 as well as the seat's performance in a crash. If the seat back angle can be changed in the way that you describe without affecting the safety performance of the vehicle and its compliance with applicable Federal motor vehicle safety standards, the dealer would not be violating the "make inoperative" provisions described above by modifying the seat.

If you have other questions or require additional information, please contact Otto Matheke of my staff at this address or by phone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:VSA
d.7/12/00

ID: 2652o

Ms. Joanne Salvio
Fire Research Corporation
26 Southern Blvd.
Nesconset, NY 11767

Dear Ms. Salvio:

This responds to your November 10, 1987, letter asking whether the "Guardian Gate" your company manufactures for firefighting vehicles is subject to Safety Standard No. 206, Door Locks and Door Retention Components. The answer to your question is yes, if the Gate is installed on new vehicles and if the area into which the door leads contains one or more seating positions.

The advertising material you enclosed states that the Guardian Gate "is designed to help firefighters while they are riding to fires in the jump seat of apparatus [sic]." The advertisement said that the unique feature of the Guardian Gate is its locking mechanism which enables the gate to be locked "on both its sides to the vehicle; the cab side, as well as the pump panel side." The advertisement said this "dual locking" feature is intended to minimize the likelihood that the gate will be opened either unintentionally or because of "hazardous conditions" (an explanation of which the advertisement did not include).

Paragraph S4 of Standard No. 206 states: "Components on any side door leading directly into a compartment that contains one or more seating accommodations shall conform to this standard. ..." (S4 exempts certain types of doors from Standard No. 206, but these are doors that are readily removable or that are not provided for retaining occupants. Since the Guardian Gate falls into neither of these two categories, the exemptions are not relevant to your inquiry.)

From the information you provided in your letter and in telephone calls between you and Ms. Hom of my staff, we understand that the standing area on the firefighting vehicle enclosed by the Guardian Gate contains a jump seat. Because "seating accommodations" referred to in S4 include jump seats, a Guardian Gate that is installed to enclose a jump seat area on a new firefighting vehicle must comply with Standard No. 206. This determination is consistent with an August 13, 1980 letter from NHTSA to Mr. L. Steenbock of the FWD Corporation (copy enclosed), in which this agency stated that a door leading to a standing area that contains no seating position would not have to comply with Standard No. 206. Because Standard No. 206 applies to passenger cars, multipurpose passenger vehicles and trucks (e.g., firefighting vehicles), and not to replacement parts for installation in used vehicles of these types, you may sell the Guardian Gate to vehicle owners without regard as to whether the Gate complies with the performance requirements of the standard. However, we urge you to consider meeting those requirements voluntarily, to ensure that the Gate will perform to specified levels for the safety of firefighters riding in the "jump seat area" of the vehicle. You should also be aware that you are responsible under the National Traffic and Motor Vehicle Safety Act, as a manufacturer of motor vehicle equipment, to ensure that your product contains no defect relating to motor vehicle safety. If you or this agency determines that a safety related defect exists, you must notify purchasers of your product of the defect and remedy the problem free of charge.

I hope this information is helpful.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure ref:206 d:2/11/88

ID: 2656o

Mr. Mike Kaizaki
Manager, Truck Tire Engineering
Yokohama Tire Corporation
Corporate Office
60l S. Acacia
Fullerton, CA 9263l

Dear Mr. Kaizaki:

This responds to your letter requesting an interpretation of Standard No. ll9, New Pneumatic Tires for Vehicles Other Than Passenger Cars. You asked whether it is permissible to place two tire size designations, 385/65R22.5 in larger letters and l5R22.5 in small letters, on the same tire. The answer to your question is no.

By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable standards. The following represents our opinion based on the facts provided in your letter.

The practice of labeling two tire sizes on one tire, as you requested in your letter, was once a fairly common practice and was referred to as "dual-size markings." Dual-size markings were a marketing effort by tire manufacturers to try to persuade consumers to change the size and/or type of tire on their vehicles, by representing that this particular tire size was an appropriate replacement for two different sizes of tires. However, the practice of using dual-size markings confused many consumers about the size of the tire on their vehicle. The only purpose of the Federally required markings on tires is to provide consumers, in a straightforward manner, with technical information necessary for the safe use and operation of the tire. The agency concluded that it was inappropriate to permit a marketing technique that was confusing many consumers to defeat the purpose of the required markings on tires. Accordingly, dual-size markings were expressly prohibited for passenger car tires subject to Standard No. 109; 36 FR 1195, January 26, 1971.

The marking requirements for tires subject to Standard No. 119 are set forth in section S6.5 of the standard. Section S6.5(c) requires that each tire be marked on both sidewalls with "the tire size designation as listed in the documents and publications designated in S5.1." Section S5.1 of Standard No. 119 requires each tire manufacturer to ensure that a listing of the rims that may be used with each tire the manufacturer produces is available to the public. This may be done either by the individual manufacturer furnishing a document to each of its dealers, to this agency, and to any person upon request, or the manufacturer may rely on the tire and rim matching information published by certain standardization organizations.

While Standard No. 119 does not expressly prohibit dual-size markings, section S6.5(c) uses the singular when it refers to the "tire size designation" to be labeled on the tire. Considering the past history associated with dual-size markings, this agency interprets section S6.5(c) of Standard No. 119 as prohibiting a manufacturer from marking a tire with two different size designations, even if a document or publication designated in S5.1 were to show two different size designations for the same tire size.

Sincerely,

Erika Z. Jones Chief Counsel ref:119 d:2/16/88

ID: 2777y

Mr. Fred Ciampi
Fred's Welding Service
Route 86, Box 85
Jumping Branch, WV 25969-0085

Dear Mr. Ciampi:

This responds to your letter requesting information concerning Federal requirements governing the manufacture of utility trailers. Your letter indicated that you plan to manufacture trailers.

First, please be aware that the National Highway Traffic Safety Administration (NHTSA) has authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. For purposes of this authority, trailers are considered motor vehicles. NHTSA does not approve motor vehicles or equipment, nor does the agency endorse any commercial products. Instead, the National Traffic and Motor Vehicle Safety Act establishes a certification process under which each manufacturer must certify that its product meets agency safety standards, or other applicable standards. Periodically, NHTSA tests whether vehicles or equipment comply with these standards, and may investigate alleged safety-related product defects.

The following Federal safety standards apply to trailers: Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment, Safety Standard No. 115, Vehicle identification Number--Basic Requirements, and Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars. The content requirements for the vehicle identification number are found at 49 CFR Part 565. In addition, depending on the type of braking system used, trailers must meet Safety Standard No. 106, Brake Hoses, Safety Standard No. 116, Motor Vehicle Brake Fluids, and Safety Standard No. 121, Air Brake Systems. All of these standards are found in 49 CFR Part 571.

In addition, as a manufacturer of motor vehicles, you would be required to submit identification information to this agency in accordance with 49 CFR Part 566, Manufacturer Identification. You would also be required to certify that each trailer complies with all applicable Federal safety standards. This certification procedure is set out in 49 CFR Part 567. You may find a copy of 49 CFR at a Federal Depository Library in your State. If you so choose, you may purchase a copy of Title 49 from the United States Government Printing Office (GPO), Washington, D.C. 20402, (202) 783-3238. With respect to laws governing trailer manufacture, the principal statute is the National Traffic and Motor Vehicle Safety Act. You may obtain a copy of this Act from GPO. You may wish to note especially 151 of the Act, which requires a manufacturer of a motor vehicle or motor vehicle equipment to conduct notice and recall campaigns if you or this agency find that your product has a safety-related defect.

There may be State regulations that apply to trailer manufacture and use. In many states, a person cannot register a new vehicle unless he or she has a statement or certificate of origin. I understand that the Recreation Vehicle Industry Association will supply a small quantity of form statements or certificates upon request. You may contact that organization by writing them at 1896 Preston White Drive, Reston, VA 22090; or calling (800) 336-0154. You may wish to contact the local Department of Transportation or Motor Vehicle Administration in the states for which you have an interest for further information on state requirements.

I hope you find this information helpful. Please do not hesitate to contact this office at (202) 366-2992 if you have specific questions.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:57l d:l2/24/90

ID: 9654

Mr. Scott Slaughter
Pitts Enterprises, Inc.
5734 Highway 431
P.O. Box 155
Pittsview, AL 36871

Dear Mr. Slaughter:

This responds to your inquiry about whether a logging trailer known as the "knuckle boom loader trailer" that you manufacture is a motor vehicle that would have to comply with the applicable Federal Motor Vehicle Safety Standards. You explained that your trailer stays in the woods the majority of its life and is infrequently transported over public roads between job sites. I am pleased to have this opportunity to explain our regulations to you.

This agency interprets and enforces the National Traffic and Motor Vehicle Safety Act ("Safety Act" 13 U.S.C. 1392 et seq.) under which the Federal Motor Vehicle Safety Standards are promulgated. The Act defines the term "motor vehicle" as follows:

"any 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."

Whether the agency considers your trailer to be a motor vehicle depends on its use. It is the agency's position that this statutory definition does not encompass mobile construction equipment, such as cranes and scrapers, which use the highway only to move between job sites and which typically spend extended periods of time at a single job site. In such cases, the on-highway use of the vehicle is merely incidental and is not the primary purpose for which the vehicle was manufactured. In contrast are instances where vehicles, such as dump trucks, frequently use the highway going to and from job sites, and stay at a job site for only a limited time. Such vehicles are considered motor vehicles for purposes of the Safety Act, since the on-highway use is more than "incidental."

Based on the available information, it appears that your trailer is not a "motor vehicle" within the meaning of the Safety Act. This conclusion is based on statements in your letter and brochures that this equipment spends extended periods of time at a single construction site and only uses the public roads infrequently to move between job sites. Thus, the agency would consider the use of your device on the public roads to be incidental and not its primary purpose. Since your trailer is not a motor vehicle, it would not be subject to our Federal Motor Vehicle Safety Standards.

If the agency were to receive additional information indicating that your trailer used the roads more than on an incidental basis, then the agency would reassess this interpretation. If the agency were to determine that your trailer is a motor vehicle, then the trailer would have to comply with the applicable Standards, including Standard No. 108 Lamps, Reflective Devices, and Associated Equipment, which addresses conspicuity, Standard No. 115, Vehicle Identification Numbers, Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars, and Standard No. 121 Air Brake Systems which requires automatic slack adjusters and brakes to act on all wheels.

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,

John Womack Acting Chief Counsel

ref:VSA d:4/5/94