Interpretation ID: 86-4.4

TYPE: INTERPRETATION-NHTSA

DATE: 06/30/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Robert E. Mileham

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of September 18, 1985, regarding the trailer-mounted aerial personnel lift or "cherry picker" which your company manufactures. I regret the delay in responding to your letter.

You ask whether a vehicle identification number (VIN) is required on these trailers. You state that the sole purpose of the trailer is to take the aerial lift to and from a job site and estimate that the trailer will not spend more than 10% to 15% of its time traveling on the highway.

The National Traffic and Motor Vehicle Safety Act provides that vehicles which fall within the statutory definition of the term "motor vehicle" must comply with applicable safety standards. That definition includes vehicles "manufactured primarily for use on the public streets, roads, and highways." (15 U.S.C. 1391(3)). The agency has taken the position that this definition does not encompass mobile constructior equipment which uses the highways only to move between job sites, whose job sites are normally located off the public roads, and which typically spend extended periods of time at a single job site. In such cases, the on-highway use of the vehicle is merely incidental, not the primary purpose for which the vehicle is manufactured.

The information in the brochure enclosed with your letter indicates that the job site of your cherry picker is typically in the streets, not off the road. Based on that information, it appears that your cherry picker may spend virtually its entire operating life on public roads. When a vehicle frequently uses the highway going to and from job sites, and its job site is frequently on the road, the agency's position is that the vehicle is a "motor vehicle." Therefore, these trailers are required to comply with Standard No. 115, Vehicle Identification Number -- Basic Requirements, and other standards applicable to trailers.

You also ask in your letter if these trailers could be considered the same as mobile air compressors, mobile cement mixers, or mobile generators, which the state of Iowa apparently licenses as "Special Mobile Equipment," not requiring a VIN. Whether a state requires a VIN on your trailer lifts, for purposes of licensing or registration, is not determinative of Federal regulatory questions. This agency has taken the position that mobile cement mixers, for example, are motor vehicles because of their use of the public roadways in traveling from job site to job site and their typically short time at any particular site. Therefore, they must comply with Standard No. 115 as well as other Federal motor vehicle safety standards.

I hope this information is helpful to you.

Sincerely,

ATTACH.

DURNELL ENGINEERING, INC.

September 18, 1985

Jeffrey R. Miller, Chief Council -- National Highway Traffic Safety Administration, U.S. Department of Transportation

Dear Sir:

We are a manufacturer of truck and van mounted aerial personnel lifts. They are sometime referred to as cherry pickers.

We are establishing a trailer mounted series, to compliment the truck and van models. The sole purpose of the trailer components is to take the aerial lift to and from a job site. There is no additional carrying capacity on this unit for anything. We estimate the unit will not spend more than 10% to 15% of its time, in a transport mode, on the highway.

While the lift is in operation at the job site, the trailer components, consisting of axle, wheels, tongue, and tongue wheel, do not contribute to the stability of the lift. For the lift to be stable and operate, it is necessary for the manually operated outriggers to be extended, lift the rear wheels and tongue wheel completely off the ground.

The question has been asked if these units require V.I.N.'s. Our thinking and understanding was, that one of these units could be considered the same as a mobile air compressor, mobile cement mixer, mobile generator, or related piece of equipment. In Iowa the above can be licensed as Special Mobile Equipment. The purpose of this letter is to obtain your opinion on whether or not V.I.N.'s are needed on these units.

I have enclosed a brochure for your study and reference. If I can supply any further information, please contact me.

Yours truly,

Robert E. Mileham -- Operations Manager

Enclosure: 1

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(Illegible Table)

STANDARD FEATURES:

* Full control in bucket with manual override inside trailer * (Illegible Word) bucket capacity 300 lbs (136 kg). * (Illegible Word) tie down strap. * (Illegible Word) color white. * Fully enclosed direct worm drive rotation 360 degrees non-continuous * Stability achieved with four manual outriggers.

* Maximum operating pressure 1800 PSI (127 kpa). * Built-in battery charger inside trailer. * Generator start/stop on engine generator models. * Upper boom limit switch on articulated models. * Control System Choices: 12v D C Electric-Hydraulic with single or dual pumps and motors (Batteries included) Single, two-speed or variable speed engine generator (generator not included). * Bucket Choices: Square fiberglass with steel frame, square all fiberglass, steel work platform.

OPTIONS AVAILABLE:

* 115v weatherproof outlet at bucket on non-insulated models. * 12v D.C. back-up for engine generator models. * Battery pack for engine generator models. * Hydraulic self-leveling (telescopic only). * Special paint. * Bucketoptions: Cover, cable TV test compartment, access ladder, scuff pad, e-z step.

SAFETY FEATURES:

* Limit switch on each outrigger and axle of trailer to insure fully extended and completely supporting trailer. * Electric rotation limit switch included. * Holding valves mounted on each cylinder and lock in event of line failure. * Worm drive rotation to prevent free wheeling in event of line failure. * (Illegible Word) insulated models rated up to 69 kv * Over-ride switch located inside trailer. * Safety belt shipped with all units. * Stability test load, horizontally extended:

On level ground -- 450 lbs. (205 kg).

On 5 degrees slope -- 400 lbs. (182 kg) * Meets or exceeds ANSI A92.5.

[Illustration Omitted]

DURNELL engineering, inc. Highway 4 South (Illegible Word) Iowa 50636 - Phone 712-852-2611

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