Interpretation ID: 17588.wkm

Mr. Barrie Montague
Manager, Safety and Operations
Ontario Trucking Association
555 Dixon Road
Toronto, Ontario, Canada M9W 1H8

Dear Mr. Montague:

Please pardon the delay in responding to your letter in which you asked whether a trailer manufactured in Canada after February 28, 1998 without an antilock brake system (ABS) and sold to a Canadian motor carrier can be used in international shipments. You defined "international shipment" as one that originates in Canada and terminates in the United States (U.S.). The answer is no.

The U.S. Federal Highway Administration (FHWA) recently published a final rule that amended the Federal Motor Carrier Safety Regulations (63 FR 24454) (copy enclosed). The rule requires all air brake equipped trailers manufactured on and after March 1, 1998 that operate commercially in interstate commerce in the U.S. to be equipped with ABS that meet the requirements of Federal Motor Vehicle Safety Standard No. 121, Air brake systems (49 Code of Federal Regulations 571.121). The requirements promulgated in the rule specifically apply to vehicles entering the U.S. from Canada and Mexico (see pages 24459 and 24464 of enclosure). With respect to trailers and converter dollies manufactured prior to March 1, 1998, the FHWA does not require retrofitting those vehicles with ABS.

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

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:121
d.6/1/98