Interpretation ID: nht70-2.27

DATE: 09/23/70

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Oshkosh Truck Corporation

TITLE: FMVSR INTERPRETATION

TEXT: Thank you for your letter of August 27, 1970, concerning the applicability of Federal motor vehicle safety standards and regulations to a fire truck to be manufactured according to specifications in a military contract.

In your letter, you state that the windshield glass specified by the contract for the truck does not conform to Federal Motor Vehicle Safety Standard No. 205. You then ask:

Are we on the Military required to obtain an exemption from the(Illegible Word) for this or any other exception in military contracts that do not conform to Federal Motor Vehicle Safety Standards and Regulations?

The answer to your question is no. Section 571.7(c) of 49 CFR, Part 571, Federal Motor Vehicle Safety Standards, Subpart A - General, provides that "(n)o standard applies to a vehicle or item or equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications." Consequently, no exemption need be obtained, since no standard applies to the fire truck. However, if the truck, although manufactured for the Armed Forces, were sold to someone other than the Armed Forces, it would be required to comply with all applicable standards, including Standard No. 205.

You also ask:

Does this type of vehicle require a certification label as specified in part 367 - certification?

The answer again is no. Section 567.2 of Part 567 (formerly 367) provides, in relevant part, that the Certification Regulations apply "to manufacturers . . . of motor vehicles to which one or more standards are applicable." Since, under section 571.7(c), no standards are applicable to the fire truck, the Certification Regulations do not require you to provide a certification label with the fire truck.

If we can be of any further assistance to you, please write.