Interpretation ID: nht76-4.23

DATE: 08/16/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Truck Equipment & Body Distributors Association

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your July 28, 1976, request for confirmation that a boat-carrying trailer which has a primary cargo-carrying surface less than 40 inches from the ground qualifies as a "Heavy hauler trailer", and that such trailers are not required to meet the requirements of Standard No. 121, Air Brake Systems, until September 1, 1977.

"Heavy hauler trailer" is defined in the standard as follows:

"Heavy hauler trailer" means a trailer with one or more of the following characteristics:

(1) Its brake lines are designed to adapt to separation or extension of the vehicle frame; or

(2) Its body consists only of a platform whose primary cargo-carrying surface is not more than 40 inches above the ground in an unloaded condition, except that it may include sides that are designed to be easily removable and a permanent "front-end structure" as that term is used in @ 393.106 of this title.

The boat-carrying trailer which you describe as having a bed height of 18 3/4 inches would qualify for exemption until September 1, 1977.

Yours truly,

ATTACH.

TRUCK EQUIPMENT & BODY

DISTRIBUTORS ASSOCIATION

July 28, 1976

Chief Counsel -- National Highway Traffic Safety Administration, Department of Transportation

Gentlemen:

We are writing on behalf of a member company who has received a large order for some boat trailers, per the enclosed photograph.

The trailer is 42 feet in overall length, and eight feet wide. The "primary carrying surface" is 18 3/4 inches high, although the gooseneck portion at the front of the trailer is 48 inches high and 79 inches long. The vehicle will be equipped with 12 1/4 inch by 5 inch air brakes.

We agree with our member that this unit is exempt from FMVSS 121, since it meets the definition of a "heavy-hauler trailer". However the member would appreciate your agreement just to be on the safe side.

Thank you for your assistance in this matter.

Sincerely,

THOMAS S. PIERATT/LW -- Executive Director

Enclosure:

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