Interpretation ID: GF002300

Mr. Paul Pridemore
Production Manager
Cronkhite Industries, Inc.
2212 Kickapoo Drive
P.O. Box 877
Danville, IL 61834-0877

Dear Mr. Pridmore:

This responds to your letter of March 14 and phone conversations with George Feygin of my staff, regarding your Model 7000 trailer. You asked us whether your trailer qualifies as a "special purpose vehicle" under Federal Motor Vehicle Safety Standard (FMVSS) No. 224, Rear Impact Protection. You also asked whether a "tilting rear guard," photographs of which you have enclosed, would satisfy the requirements of FMVSS No. 224, as well as FMVSS No. 223, Rear Impact Guards. I apologize for the delay in responding. The issues raised by your letter and phone conversations are addressed below.

By way of background, the National Highway Traffic Safety Administration (NHTSA) administers Federal requirements for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment. NHTSA issues FMVSS applicable to new vehicles and equipment. Chapter 301 of Title 49 of the United States Code, "Motor Vehicle Safety" (49 U.S.C. 30101 et seq.), establishes a certification process under which each manufacturer is responsible for certifying that its products meet all applicable FMVSS.

In an attempt to reduce the frequency and severity of underride collisions, NHTSA issued FMVSS No. 224 (61 FR 2004, January 24, 1996). The standard requires that all new trailers and semitrailers with a gross vehicle weight rating of 10,000 lbs or more be equipped with an underride guard that meets the requirements of FMVSS No. 223. The standard currently excludes pole trailers, pulpwood trailers, wheels-back trailers, and "special purpose vehicles" because attachment of an underride guard to these specific vehicles is impracticable or unnecessary.

A "Special Purpose Vehicle" is defined in S4 of FMVSS No. 224 as a trailer or a semitrailer having work-performing equipment that, while the vehicle is in transit, resides in, or moves through the area that could be occupied by the horizontal member of the rear underride guard. Your "tilting rear guard," which acts as an approach ramp when the trailer is tilted down, is the only part of your trailer that, while the vehicle is in transit, resides in the area that could be occupied by a conventional the rear impact guard. Therefore, this "tilting rear guard" would have to be considered work-performing equipment for your tilt bed trailer to be excluded.

Your vehicle does not meet the definition of a special purpose vehicle. There is no definition of "work-performing equipment" in Standard No. 224. However, the Agency has historically interpreted the words "work-performing" to mean that the equipment must actively perform its function, and that the function must involve exerting force or moving something else. Approach ramps do not perform work in this sense because they merely form a ramp between the ground and the vehicle or equipment driving onto the tilt bed. Therefore, a "tilting rear guard" that acts as an approach ramp is not work-performing equipment, and your trailer does not meet the definition of a special purpose vehicle.

In regard to your second question, we note that the static dimensions of your "tilting rear guard" (as described in your letter and accompanying photographs) appear to satisfy the requirements of FMVSS Nos. 223 & 224. Specifically, the guard appears to extend to within 100 mm of the side extremities of the trailer, thus satisfying the width requirement of S5.1.1; the bottom edge of the guard is said to be within 382 mm of the ground, thus satisfying height requirements of S5.1.2; and the guard appears to be on the very edge of the trailer, thus satisfying rear surface requirements of S5.1.3. However, FMVSS No. 223 contains guard strength and energy absorption requirements found in S5.2.1 and S5.2.2 respectively. You have provided no information as to whether the "tilting rear guard" is able to meet the performance requirements of S5.2.1 and S5.2.2. Accordingly, we are not in position to determine whether the "tilting rear guard" is in compliance with FMVSS Nos. 223 & 224.

I hope this information is helpful. If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:224
d.6/6/03