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Interpretation ID: aiam1727

Mr. J. R. Ayers, ICI United States Inc., Marshall Plant, Box 790, Marshall, TX 75670; Mr. J. R. Ayers
ICI United States Inc.
Marshall Plant
Box 790
Marshall
TX 75670;

Dear Mr. Ayers: This responds to your August 27, 1975, question whether Standard No 121, *Air Brake Systems*, applies to trucks that operate within one state in a short-haul operation from a mine site to a processing plant.; Standard No. 121 applies to air-braked trucks, buses, and trailers with only a few exceptions that do not appear to include the truck you describe. The National Highway Traffic Safety Administration considers vehicles that operate on the highway, even for short distances, to be motor vehicles operating in the stream of interstate commerce that are subject to our requirements. Therefore, the vehicle you describe would be a motor vehicle under our definition, and it is classified as a truck that must comply with Standard No. 121.; I would like to point out that the standard applies to th newly-manufactured vehicle, and that after its sale to your company, you are entitled to modify the system as necessary to ensure the safety of the vehicle in your specialized operations. I have enclosed a copy of a letter on this subject pointing out, however, that a manufacturer, distributor, dealer, or repair business is prohibited from disconnecting the antilock device for you.; I would emphasize that this discussion does not address separat responsibilities you may have under State, Occupational Safety and Health Administration, or Bureau of Motor Carrier Safety regulations for the operation of your vehicles.; Sincerely, Frank Berndt, Acting Chief Counsel