Interpretation ID: nht75-5.10

DATE: 05/30/75

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Bock & Jones

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of May 2, 1975, inquiring about the existence of regulations governing the manufacture, design, and on-the-road operation of trailers used to transport fertilizer while hitched to a pickup truck.

The National Highway Traffic Safety Administration has the responsibility of promulgating safety standards that set minimum performance requirements for vehicles manufactured and/or sold in the United States. There are five motor vehicle safety standards that apply to trailers. These standards relate to trailer lighting, tires, and braking systems (Standard No. 106-74, Brake Hoses (49 CFR Part 571.106), Standard No. 108, Lamps, Reflective Devices and Associated Equipment (49 CFR Part 571.108), Standard No. 116, Motor Vehicle Brake Fluids (49 CFR Part 571.116), Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars (49 CFR Part 571.119), Standard No. 121, Air Brake Systems (49 CFR Part 571.121)).

There is no safety standard that applies to the towing of a trailer. The use of a safety chain to guard against release of the trailer may, however, be mandated by State law.

Yours truly,

ATTACH.

BOCK & JONES -- ATTORNEYS AT LAW

May 2, 1975

CERTIFIED MAIL -- RETURNED RECEIPT REQUESTED #466442

Legal Department -- Department of Transportation

Gentlemen:

I am involved in a lawsuit in which a large fertilizer manufacturer-distributor furnished a four wheel pull-type fertilizer applicator, constructed very similar to a normal trailer, and was used for transporting bulk fertilizer from the distribution point, on the public highways, pulled by a pickup truck, to farms, for fertilizer application.

The trailer hitch was of a standard type which coupled to a hole in the rear bumper of the pickup truck.

For some unknown reason, the clevis pin probably broke, the trailer became uncoupled from the pickup truck, and crossed the centerline of the public highway, killing the driver of the approaching vehicle.

The trailer did not have the standard type of commonly used safety chains, which are also usually attached to the pulling vehicle to avoid accidents if the trailer hitch becomes uncoupled.

Since becoming involved in this litigation, we have determined that this is not uncommon in the area, as apparently these clevis pins through use, jolts, etc., do fracture or break, but fortunately the other accidents in the area were not fatal to other people.

My purpose in writing to your department is to determine:

(1) Whether or not you issue any type of regulations covering the manufacture or design of such trailers?

(2) Whether or not you have any type of regulations that set minimum standards for such trailers or applicators to be pulled or used on public highways?

If your agency should not be involved in such, perhaps you could advise us of another regulatory agency that might have such regulations.

Thanking you for this information, we are

Sincerely yours,

By: Harold D. Jones