Interpretation ID: aiam2444
Jr.
Esq.
Messrs. Patton
Boggs
& Blow
1200 Seventeenth Street
N.W.
Washington
DC 20036;
Dear Mr. Verrill: This is in reply to your letter of October 19, 1976, to th Administrator with respect to the Ryan tote- trailer manufactured by your client, Outboard Marine Corporation. You have asked whether the tote-trailer is a 'motor vehicle' as defined by 15 U.S.C. 1391(3), if the answer is affirmative you have asked whether the tote trailer is a 'pole trailer' as defined in 49 CFR 571.3(b), if the answer is negative, you have asked that any failure to comply with the Federal motor vehicle safety standards and other regulations be deemed inconsequential as it relates to motor vehicle safety.; In our opinion the tote- trailer is a 'motor vehicle' within th meaning of S 1391(3). Although the equipment that it carries is intended for off-road use, the tote trailer with load is hauled from place to place by motor vehicles, as depicted in the sales literature, that operate on the public roads. It has been our continuing opinion that vehicles which use the highway on a necessary and recurring basis to move between work sites are motor vehicles. As your letter indicates, the trailer is purchased by rental agencies and 'is likely to be towed on the public roads and highways.' We therefore have concluded that the tote trailer is 'manufactured primarily for use on the public streets, roads, and highways' and falls within the coverage of the National Traffic and Motor Vehicle Safety Act of 1966.; It is also our conclusion that the tote trailer is not a 'pole trailer as defined by 49 CFR 571.3(b). The tote trailer is attached to the towing vehicle by a conventional tongue and not 'by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle.' In addition, the load does not appear capable of sustaining itself as a beam between the supporting connections.; Therefore, it appears from your letter that all tote trailer manufactured since January 1, 1969, have not been equipped with lighting devices required by 49 CFR 571.108, Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices and Associated Equipment*, that those manufactured since January 1, 1972, have not been provided with GAWR and GVWR figures on the certification labels required by 49 CFR Part 567, *Certification*, and that those manufactured since September 1, 1976, may have not been equipped with tires required by 49 CFR 571.120, *Tire Selection and Rims for Vehicles Other Than Passenger Cars*.; If your client wishes to submit a petition for inconsequentiality w request that it follow the format in proposed 49 CFR Part 566, copy enclosed. You may refer any questions on this matter to Mr. Vinson of my staff.; Sincerely, Frank A. Berndt, Acting Chief Counsel