Interpretation ID: 17501.wkm
The Honorable Paul D. Coverdell
United States Senate
100 Colony Square, Suite 300
1175 Peachtree Street, NE
Atlanta, GA 30361
ATTN: Brice Willis
Dear Senator Coverdell:
This responds to your letter to Mr. Steve O. Palmer, the Department's Deputy Assistant Secretary for Governmental Affairs, which was referred to this agency for reply.
Your letter forwarded a letter dated January 23, 1998, from Mr. Jimmie D. Gowen, Jr., President, Big John Trailers, Folkston, GA. Mr. Gowen's letter enclosed copies of letters to The Honorable Saxby Chambliss, U. S. House of Representatives, and to Ms. Heidi Coleman, Assistant Chief Counsel for General Law in this office. Mr. Gowen stated in his letter to you that his company produces self-propelled loader/crane carriers that are equipped with early model used truck air brake axles that are not designed for antilock brake system (ABS) applications as now required by Federal Motor Vehicle Safety Standard (Standard) No. 121, Air brake systems. He stated that such vehicles are utilized primarily off-road in logging operations, although they are capable of being towed between job sites. He stated that being required to comply with the ABS requirements would result in his company's having to eliminate the vehicle from the company's product line. He therefore asked your assistance in bringing the matter to the attention of the proper authorities.
For your information, Mr. Gowen wrote to this agency on January 26, 1998, and submitted additional information to us on March 12, 1998. He asked whether knuckle boom loader trailers and self-propelled loader carriers that his company produces are required to comply with the ABS requirements of Standard 121. We replied that they are not subject to the ABS requirements because those particular vehicles do not meet the statutory definition of "motor vehicle."(1) Therefore, they need not comply with the Federal motor vehicle safety standards, in particular the ABS requirements of Standard 121. A copy of our response to Mr. Gowen is enclosed for your information.
I hope this information is helpful to you. Please let me know if I can be of any further assistance in this matter.
Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref: 121#VSA
d.4/23/98
1. "'[M]otor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line." 49 U.S.C. 30102(a)(6).