Interpretation ID: nht70-1.19

DATE: 07/01/70 EST

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Department of California Highway Patrol

TITLE: FMVSR INTERPRETATION

TEXT: In response to your letter of July 9 to Mr. Toms I would like to make clear that the creation of the subcategory "mobile structure trailer" does not remove mobile homes towed on their own wheels from their original categorization under the Federal motor vehicle safety standards as trailers. This means that rule making actions applicable to "trailers" are also applicable to mobile homes unless there is specific language indicating that a Federal standard or portion thereof does not apply to a mobile structure trailer.

Therefore, in answer to your specific questions:

(a) Proposed Standards Nos. 119 and 120 would apply to trailers and therefore to mobile structure trailers.

(b) No proposal has been issued which would extend the Federal hydraulic brake standard, No. 105, to cover trailers. Therefore a State may adopt hydraulic brake requirements for mobile homes. However, we have issued a proposal (Docket No. 70-16; 35 F.R. 10456, June 26, 1970) which would establish requirements for "trailers equipped with air brake systems". If adopted, this new standard would preclude a state from adopting other than identical air brake requirements for mobile homes and other trailers. The point may be academic as it is my understanding that mobile homes, as a rule, are equipped with electric brakes.