Interpretation ID: 9528
Account Directive
FitzGerald Corporation
8341 Artesia Boulevard, Suite P
Buena Park, CA 90621
Dear Ms. Rose:
Your letter of October 12, 1993, to the Office of Motor Carriers in Sacramento, has reached us for reply. Your company produces a "trailer skirting" for van trailers, and some of your customers have asked "whether it is legal to have the retroreflective tape [which is required by Motor Vehicle Safety Standard No. 108] to be applied to the length of the trailer be placed below the trailer, on the trailer skirting."
The letter does not indicate whether the skirting is intended as original or aftermarket equipment. If the skirting is original equipment that is added to the trailer at the time of its manufacture and intended to remain there for the life of the trailer, the conspicuity treatment required by the standard may be affixed to it, provided that it is mounted as near as practicable within a range that is not less than 375mm and not more than 1525mm (approximately 15 to 60 inches) above the road surface. Under that condition, the portion of the trailer side that is above the skirting need not be equipped with the conspicuity treatment. If the skirting is aftermarket equipment, there is no requirement or restriction relating to conspicuity treatment of the skirting. We assume that the trailer to which it will be attached, if manufactured on or after December 1, 1993, will bear conspicuity markings in accordance with the standard.
Sincerely,
John Womack Acting Chief Counsel
ref:108 d.1/21/94