Interpretation ID: 22874.ztv
Mr. Markus Evans
PMA-Racine
Racine Operations
1733 90th Street
Sturtevant, WI 53177
Dear Mr. Evers:
This is in reply to your fax of March 13, 2001, to Dave Coleman of this agency asking for an interpretation regarding whether it is necessary for a certain product to comply with Federal Motor Vehicle Safety Standard No. 121, Air Brake Systems.
You state that Putzmeister is "one of the world's largest manufacturer of truck-mounted concrete pumps." You ask whether a contemplated model would need to be equipped with an anti-lock braking system (ABS), or "can it be regarded as construction equipment without need to be equipped with ABS?"
Your question indicates that you are familiar with the long-standing interpretations of this agency that mobile construction equipment vehicles are not motor vehicles which must comply with the Federal motor vehicle safety standards. We are currently reviewing our position in this matter. I enclose a copy of a letter that we sent on March 21, 2001, to the Colorado State Patrol, as the latest expression of our opinion.
In brief, our interpretations have been in compliance with a Federal District Court decision of 1978. We are now concerned that mobile construction equipment may be using the public roads with greater frequency than the equipment that the Court decided were not motor vehicles subject to our jurisdiction. A later Supreme Court decision may provide us with a basis for deciding that mobile construction vehicles are, in fact, motor vehicles. If we decide that they are motor vehicles, your planned product might have to be manufactured with ABS and to comply with all other relevant Federal motor vehicle safety standards as well.
However, we have not yet undertaken the analysis needed to address the issue. This means that your planned product need not be equipped with ABS. In the event that we decide that mobile construction equipment vehicles are motor vehicles, we will announce it publicly, and would establish an effective date that will accommodate the realities of manufacturing mobile construction equipment.
If you have any questions, you may call Taylor Vinson of this Office.
Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:571
d.4/19/01