Interpretation ID: aiam2340
United States Senate
Washington
D.C. 20510;
Dear Senator Hatfield: This is in response to your March 10, 1976, letter concerning th application of Federal Motor Vehicle Safety Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other than Passenger Cars*, to the paver manufactured by Layton Manufacturing Company. The standard requires that the paver be equipped with ties of sufficient load rating and that these tires be certified by their manufacturer as complying with Standard No. 119, *New Pneumatic Tires for Vehicles Other than Passenger Cars*. Your constituent, Mr. Earl Sievers, has met with representatives of this agency to discuss the need for his company's paver to comply with Standard No. 120 and his difficulties in procuring the proper tires.; Your letter suggests that, generally, the paver is moved simply withi the confines of a construction site rather than in traffic. Nevertheless, the paver is designed and expected to be towed on the public highways. Indeed, Layton's own promotional materials stress this point:; >>>For municipalities who do not own their dump trucks or need extrem mobility without sacrificing hauling weight! ... Any truck can tow paver safely at highway speeds. ('exhibit 'C'' accompanying Mr. Sievers' letter of January 14, 1976.)<<<; This usage of the paver leads to the conclusion that the paver is 'motor vehicle' subject to all applicable Federal motor vehicle safety standards, including Standard No. 120. The conclusion is compelled by the definition of 'motor vehicle' in the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1391 et seq.). As a manufacturer of fewer than 10,000 motor vehicles in its most recent year of production, Layton is eligible to petition for a temporary exemption from Standard No. 120 on the basis of substantial economic hardship. For your convenience, I am enclosing a copy of 49 CFR Part 555, *Temporary Exemption from Motor Vehicle Safety Standards*, which sets out procedures for filling and processing such petitions.; Sincerely, Frank Berndt, Acting Chief Counsel