Interpretation ID: nht75-4.12

DATE: 11/24/75

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Realco Services, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to Realco Services' October 10, 1975, question whether the replacement of the four rails in the sides of a monocoque-type van would qualify as a vehicle assembly operation subject to certification to new vehicle standards, including Standard No. 121, Air Brake Systems.

The answer to your question is no. The position of the NHTSA with regard to the use of used trailer components that was discussed in the Stainless Tank and Equipment interpretation letter applies only to situations in which a new trailer body is installed on used running gear. These limitations do not apply where most of the used body (along with used running gear) is retained, as where one or more rails are replaced in the sides of a used monocoque van.

Sincerely,

ATTACH.

October 10, 1975

Frank Berndt -- Acting Chief Counsel, National Highway Traffic Safety Administration

Dear Mr. Berndt:

Realco Services Incorporated, owner of over 30,000 trailers which are leased to railroads and steamship companies would appreciate a clarification of a new versus used trailer, in the repair of trailers and the compliance of Standard No. 121, Air Brake Systems.

In your letter to Mr. Paul Krueger, Stainless Tank and Equipment, Inc., dated August 28, 1975, File N40-30, you refer to manufacturers and to retaining the main frame of the units to qualify as a used chassis.

In monocoque construction, the trailer side walls constitute the main load bearing members.

In the maintenance of our equipment, we find it necessary to replace one or more items of the trailer sides, ranging from a bottom rail to possibly all four rails, top and bottom.

As you know, lifting devices used by the railroads do considerable damage to the trailer top and bottom rails which in many instances demands their replacement.

We interpret the ruling to cover only the manufacture of trailers, not the repairs to equipment over its normal life. We would appreciate your confirmation that this is correct.

Very truly yours,

J. A. Davies

cc: C. J. Calvin - T.T.M.A.; J. M. Lillis