Interpretation ID: 1985-04.47

TYPE: INTERPRETATION-NHTSA

DATE: 12/20/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: C. A. France -- President, Converto Manufacturing

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. C. A. France President Converto Manufacturing P.O. Box 287 Cambridge City, Indiana 47327

This is in reply to your letter of July 18, 1985, asking for an interpretation of Motor Vehicle Safety Standard No. 108 Lamps Reflective Devices, and Associated Equipment.

Converto produces the "Leav-A-Tainer." As you describe it this is "a truck mounted, hydraulically operated hoisting mechanism designed to handle detachable containers" The hoisting mechanism is mounted on top of regular truck or trailer frame rails. Converto has placed the rear lamps "as near the end of the...frame rails as practicable," but law enforcement agencies in Pennsylvania and Minnesota state that the lamps must be placed at the extreme end of the hoisting mechanism. You believe that is not feasible because the lamps will be destroyed when the hoist is In the dump position, and have asked for our opinion.

The basic location requirements established by Standard No. 108 for most truck or trailer rear lamps is, first, that they be "on the rear" and, second, that they be "as far apart as practicable." In these positions they afford the visual and signalling cues associated with their respective functions. Among those cues are the location of the rear end of the vehicle and indications of its width. However, there are configurations of commercial vehicles where literal compliance with the requirements so as to provide both of those cues is a physical impossibility, calling for a compromise. In those instances, it may be possible to locate the lights at the rear of the vehicle, but not to provide any indication of the vehicle's width or any lateral separation between the left and right sets of lights. Alternatively, it may be possible to place the lights so that they indicate the vehicle's width and are laterally separated, but at a location forward of the rear of the vehicle. In the case of your vehicle, there is the additional complication that locating the lights at the rear of the vehicle would appear to result in their being damaged or destroyed during the operation of the work performing equipment. You have interpreted Standard No. 108 as permitting mounting at the end of the frame rails, although the work-performing structure extends as much as 32 inches beyond the frame rails. The lamps, as you have located them, are "as far apart as practicable." The two States, as we understand it, are insisting that the lamps be mounted at the end of the work-performing structure where they would be "on the rear"; in that location, the lamps would appear to have to be bunched together because of the narrow width of the work-performing structure, and therefore would not be "as far apart as practicable" in the sense that Standard No. 108 intends. That is, there would be essentially no lateral separation between the sets of lights and no indication of the width of the vehicle.

We have concluded that the primary location requirement that the lamps be on the rear is more important than the secondary requirement of width location in the event of a conflict. In their present location, we question whether the lamps meet the requirement that they be visible throughout an angle from 45 degrees to the right to 45 degrees to the left. Further, with a container in place providing the 32-inch overhang, there may be certain angles of approach in which the lights become obscured and cannot be seen by a driver following too closely. Under paragraph S4.3.1.1 of Standard No. 108, if motor vehicle equipment such as the hoist prevents compliance with the visibility requirements of the standard, an auxiliary lamp meeting the visibility requirements may be provided. We suggest that you examine the possibility of installing lamps on the side of the hoist, close enough to the rear that they are not damaged when the hoist is in operation.

If you have any further questions, please let me know.

Sincerely, Erika Z. Jones Chief Counsel

July 18, 1985 Mr. Jeffrey R. Miller Chief Counsel - N.H.T.S.A. Room 5219 #400 Seventh Street, S.W. Washington, DC 20590

SUBJECT: Request for ruling for the location of lighting devices for truck mounted and semi-trailer "roll-off" tilt frame hoists under FMVSS 108

Dear Mr. Miller:

Converto Mfg. Co., Inc. manufactures roll-off tilt frame hoisting mechanisms commonly referred to as "roll-off tilt frame hoists"" under the trade name of "Leav-A-Tainer" This is a truck mounted, hydraulically operated hoisting mechanism designed to handle detachable containers of varying sizes and types. This system utilizes a frame that tilts hydraulically and a reeving cable system to power the container on and off the frame.

This hoisting system is either mounted on an existing truck chassis frame or is manufactured as a semi-trailer unit. In either event, the hoisting mechanism itself is mounted on top of the regular truck or trailer frame rails.

Converto has always believed it was complying with Federal lighting standards by placing the rear lights as near the rear end of the truck or trailer frame rails as practicable. However, several of our cutomers have encountered problems with local law enforcement agencies in Pennsylvania and Minnesota. These agencies state the lights must be placed at the extreme rear end of the hoisting mechanism rather than at the end of the truck or trailer frame. This would seem to be impracticable to us since the design of the equipment is such that is necessary to extend the hoisting mechanism beyond the end of the truck or trailer main frame. When the hoist is in its fullest raised position to either discharge or to take the container aboard, the hoist must pivot at the rear of the truck so that the rear end of the hoist positions itself on the ground for both stability and control of the container. To attempt to locate lights on that part of the hoist would result in destroying the lights when the hoist was in the drmp position. For this reason, we presently locate the lights approximately 32" inward from the end of the hoisting mechanism itself.

Photographs of actual hoist showing this product in both the extended and retracted positions are included for your information. Several pieces of product literature are also enclosed to help you better understand the product, how it operates, and to depict what our problem is.

We certainly hope you will be able to give us a ruling for this application so that we may assist our customers with the problems they have encountered.

Should you have questions or need additional information or clarification of any point, please contact me.

Sincerely, C.A. France President CAF/bc

Enclosures 85-97