Interpretation ID: nht76-3.50

DATE: 03/11/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Lufkin Industries, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your February 6, 1976, questions whether Lufkin Industries may, as an incomplete vehicle manufacturer, build "incomplete chassis trailers" that do not have brakes installed that comply with Standard No. 121, Air Brake Systems, and whether Lufkin may tow the "incomplete chassis trailers" over the highway to the final-stage manufacturer without brakes that conform to Standard No. 121.

Lufkin's activities are regulated by Part 568 of Title 49 of the Code of Federal Regulations, if the "incomplete chassis trailers" qualify as "incomplete vehicles." A copy is enclosed for your information. Part 568 does not require the incomplete vehicle to meet all applicable safety standards, but @ 568.4 does require a statement of the status of an incomplete vehicle's conformity with all applicable standards.

In answer to your second question, the NHTSA permits the use of an incomplete vehicle on the public highways for the purpose of transit between the incomplete vehicle manufacturer and subsequent manufacturers, but for no other purpose, until such time as the vehicle complies with all Federal motor vehicle safety standards applicable to it as completed. This ruling by the NHTSA does not relieve the manufacturer or shipper from any applicable requirement imposed on the incomplete vehicle by other Federal, State, or local authority.

SINCERELY,

February 6, 1976

Administrator National Highway Traffic Safety Administration U. S. Department of Transportation

We would like to have your legal opinion on the following two questions:

1. We, as an original equipment manufacturer, have an order to build incomplete chassis trailers for another manufacturer who is qualified to complete and certify. He has requested we do not install the air brake system to meet S121 regulations. We would not certify these vehicles but would furnish the necessary documents prescribed for an incomplete vehicle.

Our question is: Can we legally build these incomplete vehicles with brakes that do not meet S121 regulation?

2. Provided we can legally build these vehicles, we would like to have your opinion on the following question:

Can the final stage manufacturer transport these incomplete vehicles over public highways pulling one vehicle with two like vehicles loaded on top? The supporting documents will accompany these vehicles.

Thank you for an early reply.

LUFKIN INDUSTRIES, INC. Trailer Division

A. G. Colburn Director of Trailer Design