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Interpretation ID: 22499



    Mr. David Sample
    Martinez & Turek, Inc.
    300 S. Cedar Avenue
    Rialto, CA 92376


    Dear Mr. Sample:

    This is in response to your letter of December 20, 2000, requesting that the National Highway Traffic Safety Administration (NHTSA) classify your two pole trailer dollies as non-motor vehicles. As discussed below, the agency considers your pole trailer dollies to be motor vehicles and therefore subject to safety standards administered by this agency.

    NHTSA issues safety standards for "motor vehicles." The National Traffic and Motor Vehicle Safety Act (49 U.S.C. Chapter 301) defines a "motor vehicle" as "any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails." (49 U.S.C. 30101 (a)(6)).

    In your letter, you describe the configuration of your pole trailer dollies as "a long rocket tank that is capable of sustaining itself as a beam between supporting connections, a tractor and a dolly." You state that your pole trailer dollies will be used to transport a rocket tank over the public roads.

    Since your pole trailer dollies are "driven or drawn by mechanical power" and "manufactured primarily for use on the public streets, roads, and highways," NHTSA considers them to be "motor vehicles." As such, your pole trailer dollies must meet all the requirements of the applicable Federal motor vehicle safety standards.

    In your letter, you list the following five factors you believe the agency should consider in determining whether your pole trailer dollies are motor vehicles:

    1. Whether the vehicle will be advertised for use on-road as well as off-road, or whether it will be advertised exclusively for off-road use.
    2. Whether the vehicle's manufacturer or dealers will assist vehicle purchasers in obtaining certificates of origin or title documents to register the vehicle for on-road use.
    3. Whether the vehicle is or will be sold by dealers also selling vehicles that are classified as motor vehicles.
    4. Whether the vehicle has or will have affixed to it a warning label stating the vehicle is not intended for use on public roads.
    5. Whether states or foreign countries have permitted or are likely to permit the vehicle to be registered for on-road use.

    The agency considers those five factors when determining whether a vehicle is a motor vehicle when it has both off-road and on-road capabilities and when there is little or no evidence regarding the extent of the vehicle's on-road use. Since your pole trailer dollies are manufactured primarily for on-road use, we need not consider these factors.

    You state that your pole trailer dollies have been designed to comply with the relevant federal motor vehicle safety standards, except two requirements of Standard No. 121, "Air Brake Systems." The air brakes on your pole trailer dollies do not meet the brake actuation and brake release times required by Standard No. 121. The standard requires a brake actuation time of .60 second, but your pole trailer dollies achieve only .75 second. The standard also requires a brake release time of 1.2 second, but your pole trailer dollies achieve only 1.3 second.

    Under these circumstances, you may apply for a temporary exemption under 49 CFR Part 555. This regulation allows manufacturers to obtain a temporary exemption from Federal motor vehicle safety standards on the basis of substantial economic hardship, facilitation of the development of new motor vehicle safety or low-emission engine features, or existence of an equivalent level of motor vehicle safety. You may wish to consider applying for a temporary exemption on the basis of substantial economic hardship or the existence of an equivalent level of motor vehicle safety.

    If you apply for a temporary exemption, NHTSA will publish the application in the Federal Register and give the public an opportunity to comment on the application. The agency then will determine whether the application contains adequate justification, grant or deny the temporary exemption, notify you of the decision in writing, and publish the decision and the reasons for it in the Federal Register.

    I note that NHTSA received a letter dated May 3, 1999, from Lockheed Martin concerning two trailers purchased from your company. In that letter, Lockheed Martin stated that the two trailers did not meet the requirements of Standard No. 121 and requested an exemption for the two trailers, which the agency denied. I have enclosed a copy of our reply to Lockheed Martin.

    I hope you find this information useful. If you have any further questions regarding this matter, you may contact Mr. Dion Casey in the Office of the Chief Counsel at (202) 366-2992.


    Sincerely,

    John Womack
    Acting Chief Counsel

    Enclosure
    ref:121
    d.1/25/01