Interpretation ID: 17435.wkm
Mr. Marlin Harbour
Heartland Rig International, Inc.
Post Office Box 1429
Brady, TX 76825
Dear Mr. Harbour:
This responds to your inquiry faxed to Walter Myers of this office on March 4, 1998 and your telephone conversations with Mr. Myers on April 14 and May 1, 1998. You sent a drawing of a trailer that you manufacture for the purpose of hauling oil drilling equipment and asked whether it is excluded from the antilock brake system (ABS) requirements of Federal Motor Vehicle Safety Standard (Standard) No. 121, Air Brake Systems (49 Code of Federal Regulations (CFR) 571.121). The answer is yes, as discussed below.
Standard No. 121 applies to trucks, buses, and trailers equipped with air brake systems. However, subparagraphs S3(a) through (g) of Standard 121 lists seven types of vehicles to which the standard does not apply. Applicable to your trailer, paragraph S3(e) excludes:
Any trailer that has a GVWR of more than 120,000 pounds and whose body conforms to that described in the definition of heavy hauler trailer set forth in S4 (emphasis added).
Heavy hauler trailer is defined in S4 as:
[A] trailer which has one or more of the following characteristics, but which is not a container chassis trailer:
(1) Its brake lines are designed to adapt to separation or extension of the vehicle frame; or
(2) Its body consists only of a platform whose primary cargo-carrying surface is not more than 40 inches above the ground in an unloaded condition, except that it may include sides that are designed to be easily removable and a permanent "front end structure" as that term is used in 393.106 of [Title 49, CFR]. (NOTE: A copy of 49 CFR 393.106 is enclosed)
The drawing indicates that the GVWR of the trailer exceeds 120,000 pounds. In a telephone conversation with Mr. Myers on April 14, you stated that the cargo-carrying surface of the trailer bed is forty-four inches (44 inches) above the ground, loaded. It would likely be higher than that, unloaded. Accordingly, your trailer does not meet criteria (2). You indicated in a telephone conversation with Mr. Myers on May 1, 1998, however, that your trailer's brake lines are designed to adapt to separation or extension of the vehicle frame. If so, that meets criteria number (1) above and, when combined with the trailer's GVWR of 121,500 pounds, excludes your trailer from the ABS requirements in accordance with S3(e) of Standard No. 121.
In summary, your trailer would meet criteria (1) of the definition of "heavy hauler trailer" and, combined with the trailer's GVWR, would be excluded from the requirements of Standard No. 121 in accordance with paragraph S3(e) of the standard.
I hope this information is helpful to you. Should you have additional questions or need further information, feel free to contact Mr. Myers at this address or at (202) 366-2992, or by fax at (202) 366-3820.
Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:#121
d.6/1/98