Interpretation ID: nht75-4.44

DATE: 08/14/75

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Wenger Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your July 10, 1975, question whether an air-braked trailer which was begun before the effective date of Standard No. 121, Air brake systems, can be completed after the effective date of the Standard without complying with the requirements of the standard.

Section 571.7 of Title 49, Code of Federal Regulations, establishes the point at which the Federal motor vehicle safety standards apply to the manufacture of motor vehicles and states in part: ". . . each standard . . . applies according to its terms to all motor vehicles or items of motor vehicle equipment the manufacture of which is completed on or after the effective date of the standard." Therefore, the trailer you describe must conform to the requirements of Standard No. 121 if it is completed after January 1, 1975.

I have enclosed a copy of a Federal Register notice that concerns the manufacture of air-braked trailers, and which explains that a trailer may be certified as conforming as a completed vehicle when it is substantially completed. You should be able to determine if the trailer in question was substantially completed prior to January 1, 1975, for purposes of certification.

Sincerely,

ATTACH.

July 10, 1975

National Highway Traffic and Safety Administration -- U. S. Department of Transportation

Dear Sir:

I am writing in an effort to clarify a point I have regarding FMVSS 121 covering trailer air brake standards.

I am faced with the following situation. In February of 1972, we commenced work on manufacturing a 5th wheel mobile stage trailer which we sell to park and recreation systems across the country. Previous to that point in time, we manufactured these units utilizing a ball and hitch towing arrangement with electric brakes. However, this new design called for a 5th wheel towing arrangement with brakes. In November of that same year, we shelved the project indefinitely. At that point in time, we had completely assembled the frame, super-structure, axles, and brake system. We are presently thinking about re-opening this project and completing the unit.

Since the project was begun prior to the March 1, 1975, effective date for FMVSS 121 but will not be completed until well after that date, my question is, do I need to incorporate the new safety brake standards on this unit?

Your prompt reply to this inquiry will be greatly appreciated since your answer to this will have some bearing upon whether or not we decide to go ahead with this project.

Thanking you in advance, I remain,

Sincerely yours,

Richard A. Fisher -- Traffic Manager, WENGER CORP.

cc: Erich Harfmann; Tom Springmeyer; Len Nordman; Vern Smith