Interpretation ID: nht68-2.23

DATE: 06/28/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Grove Manufacturing Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of January 3 to the Director of the National Highway Safety Bureau. I apologize for your not receiving a reply earlier but the letter was inadvertently misplaced.

Your letter was evidently dictated prior to publication in the Federal Register of the chassis-cab regulations and ruling enclosed. I hope the enclosed ruling answers the questions you have with regard to the "hydra-tilt roll back loading bed" your company manufacturers. In your letter you state that approximately 10 percent of the "hydra-tilt roll back loading beds" your company manufacturers are mounted on the customer's truck chassis by your company. Under these conditions you would be considered a person who combines "the chassis-cab with a body or other structures [and] will be responsible for (1) compliance of the combines assemblage with any motor vehicle safety standard applicable to the end use of the combined assemblage in effect on the date of manufacture of the chassis-cab, compliance with which has not already been certified by the chassis-cab manufacturer, and (2) compliance with all applicable standards in effect on the date of manufacture of the chassis-cab to the extent that the addition of a body or other structure to the chassis-cab affects the chassis-cab's previous conformance with applicable standards." (See 33 F.R. 29).

For the roll back beds you sell to distributors for mounting, the distributors would be considered the assemblers and would be responsible for compliance as described above.

Also enclosed is a copy of a notice published in the Federal Register concerning certification requirements under the National Traffic and Motor Vehicle Safety Act of 1966. To date these are the only specific requirements for certification.

In your letter you also describe three types of motor vehicles you manufacture. They are (1) a hydraulic yard crane; (2) an RT Series hydraulic crane, for use on off-highway construction jobs; and (3) a truck mounted hydraulic crane.

Based on the material submitted we would conclude that of the three types of vehicles described, the hydraulic yard crane and the RT hydraulic crane would not be considered motor vehicles primarily for use on the public highways. The third type of vehicle described, the crane carries, would be considered motor vehicles and subject to National Traffic and Motor Vehicle Safety Act and regulations issued thereunder.

Enclosed you will find a compilation of the present motor vehicle safety standards and an Advanced Notice of Proposed Rulemaking for 47 proposed standards. Your name has been added to the Bureau's mailing list and you will be receiving word of future actions taken concerning the motor vehicle safety program.