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Interpretation ID: 17589.wkm

Mr. Ted Reiniger
Trailer Sales
Manac Western
12815 - 163 Street, NW
Edmonton, Alberta, Canada T5V 1M5

Dear Mr. Reiniger:

Please pardon the delay in responding to your inquiry faxed to Walter Myers of my staff in which you asked whether Canadian-licensed carriers can operate in the United States if not equipped with antilock brake systems (ABS). Truck tractors equipped with air brake systems manufactured on and after March 1, 1997 and single-unit trucks, buses, trailers, and trailer converter dollies equipped with air brake systems manufactured on and after March 1, 1998 must be equipped with antilock brake systems (ABS) in order to operate in the United States (U.S.).

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 commercial motor vehicles manufactured on and after the dates stated above and operating 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 truck tractors manufactured prior to March 1, 1997 and single-unit trucks, buses, trailers, and converter dollies manufactured prior to March 1, 1998, the FHWA does not require retrofitting such vehicles with ABS.

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

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:#121
d.6/2/98