Interpretation ID: nht80-2.38

DATE: 05/21/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Safety and Security Consultants

TITLE: FMVSS INTERPRETATION

TEXT:

May 21, 1980

Mr. D. J. Hitt Vice President Safety and Security Consultants 702 Candy Mountain Road Birmingham, Alabama 35217

Dear Mr. Hitt:

This is in reply to your letters of April 11, and April 25, 1980, respectively to this agency and to Mr. Vinson of this office, These letters reference requirements for side marker reflectors and clearance lamps for trailers used to carry agricultural products over the public roads.

You say that your trailers travel "as much as several hundred miles on the highways at all hours of the day and night". Therefore, they are "motor vehicles" subject to all applicable Federal Motor Vehicle Safety Standards.

I enclose a copy of Federal Motor Vehicle Safety Standard No. 108 (Title 49, Code of Federal Regulations, section 571.108). You will see that marker lamps and reflectors are required on all trailers, while rear clearance lamps need be added only if the overall width of a trailer is 80 inches or more. A clearance lamp facing to the rear may be combined with a rear side marker lamp; we assume that is what you mean by a "side clearance lamp" as the standard speaks only in terms of "front" and "rear" clearance lamps.

You have also asked for the "early history" of why these lamps are required pursuant to "Regulation #393.15". As a matter of clarification that section of Title 49 is enforced by a different agency, the Bureau of Motor Carrier Safety, Federal Highway Administration, and covers lighting equipment required for commercial vehicles being used in interstate commerce. Our lighting standard, essentially identical, must be met before the vehicle is used, i.e., from time of manufacture until time of sale. To answer your question, clearance lamps must indicate the overall width of the trailer, in order that other drivers may be alerted to the presence on the road of a large vehicle. Side markers help identify the presence of a vehicle whose head lamps or taillamps may not be seen by a driver approaching it from a 90 degree angle, such as at an intersection.

Sincerely,

Stephen P. Wood for

Frank Berndt Chief Counsel

Enclosure

SAFETY & SECURITY CONSULTANTS 702 Candy Mountain Road Birmingham, Alabama 35217

Telephone: 853-9525

April 25, 1980

Mr. Taylor Vinson Chief Counsel Room 5219 Department of Transportation Headquarters 400 7th Street S.W. Washington, D.C. 20590

Dear Mr. Vinson:

In reference to my telephone conversation with Mr. Brooks of your office, I am sending the additional information you requested. We are interested in side markers and side clearance lamps for farm hauling equipment such as peanut haulers, cotton haulers and other typed of trailers which are not self propelled. These trailers would be used to carry the product from the farm to market or other distribution point. Sometime traveling as much as several hundred miles on the highways at all hours of the day and night. We would like to know what the legal requirements are for this type of equipment. Also the early history of why side markers and side clearance lamps are used on small semi-trailers and full trailers as required by the Department of Transportation, Regulation #393.15.

If you can not supply this information, could you direct us to where we can find it.

Thank you for your cooperation.

Sincerely,

D. J. Hitt Vice-President

DJH/dc Enclosure

SAFETY & SECURITY CONSULTANTS 702 Candy Mountain Road Birmingham, Alabama 35217

Telephone: 853-9525

April 11, 1980

U.S. Department of Transportation National Highway Traffic Safety Administration Washington, D.C. 20590

Sir:

Our firm is conducting a research on Reflective side markers and body side clearan-ce lamps for agricultural and farm related equipment that is being towed.

We would like to know what the legal requirements for side markers are, also the early history of such requirement, and why side markers and side clearance lamps are required. If you do not have this information, can you direct us to where we might find it?

Thank you for your cooperation.

Sincerely,

D. J. Hitt Vice President DJH/dc