Interpretation ID: nht76-4.24

DATE: 04/07/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Trail-O-Matic, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your March 8, 1976, request to know the status of "log trailers" under Standard No. 121, Air Brake Systems, whether the exclusion for "heavy hauler" trailers terminates September 1, 1976, and what the penalties are for non-compliance with an applicable Federal motor vehicle safety standard. You indicate that you may know of some manufacturers that do not comply with Standard No. 121 and suggest that all persons concerned with the standard be advised of the status of the regulation.

Without description of the "log trailers" in question, it is not possible to determine if Standard No. 121 applies to them. Most pole trailers and trailers equipped with any axle having a gross axle weight rating of 24,000 pounds or more are examples of vehicles that may be excluded from the standard. Mr. Herlihy of this office has already sent applicable documents to you under separate cover.

The exclusion from the standard for "heavy hauler" trailers was extended recently and now terminates September 1, 1977.

Section 108(a)(1) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1397(a)(1)) prohibits the sale and false or misleading certification of a non-complying vehicle to which a standard is applicable. Each violation of these provisions makes the manufacturer liable to a maximum civil penalty of $ 1,000 for each violation, up to a total of $ 800,000 for a related series of violations. (15 U.S.C. @ 1398). You may advise our Office of Standards Enforcement of any violations of which you are aware.

The NHTSA finds it impracticable to notify directly every interested person of each of its regulatory actions. Each action is made public and is widely distributed by commercial services and trade associations. Enclosed is an information sheet that explains the various means to obtain copies of our regulations.

YOURS TRULY,

Trail-O-Matic, Inc.

March 8, 1976

Richard B. Dyson, Assistant Chief Counsel U. S. DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration

RE: N40-30 (TH)

With reference to "anti-skid" brake regulation # 121 we have strictly conformed to all terms and conditions of the above but wish to report some our competition in Georgia and Florida are building log trailers without installing the anti-skid equipment.

It isn't quite fair to comply with the rules and then miss some sales because competition is selling much cheaper because the unit is not equipped to the D. O. T. # 121 requirement.

What are the penalties, if any, for not complying with this requirement OR has anything been changed basically that we are not aware of?

As a suggestion I think the government should advise all concerned as to the status of this regulation in order to clear the air and put everyone on equal footing.

Please let me hear from you as soon as possible with reference to the above and also will the September 1, 1976 date be applicable on low bed machinery trailers.

Thanking you for your prompt attention, we are

J. L. Chancey President