Interpretation ID: nht87-1.43

TYPE: INTERPRETATION-NHTSA

DATE: 03/03/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Dwight R. Koehler

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Dwight R. Koehler Product Management Parker Industries P.O. BOX 37589 Omaha, NE 68137

Dear Mr. Koehler:

This is in reply to your letter of December 9, 1986, with respect to agricultural (grain) transportation vehicles which you manufacture, known in the industry as "grain buggies." You have asked whether there are any DOT lighting requirements for these ve hicles, and if so, what are they and how might you meet them.

You have described the grain buggies as designed to be towed by agricultural tractors, with a top road speed of 25 to 3Q mph. You have also told us that "the primary use for these trailers will be 'off road' in nature," although "there are times when the se units will be used on gravel roads and occasionally, highways."

The requirements of Federal Motor Vehicle Safety Standard No. 108 Lamps Reflective Devices, and Associated Equipment apply to various categories of "motor vehicles.' A "motor vehicle" is defined as a vehicle driven or drawn by mechanical power and manufa ctured primarily for use on the public streets, roads, and highways. The manufacturer of a vehicle determines whether his product is a "motor vehicle" and therefore a vehicle that must comply with all applicable Federal motor vehicle safety standards inc luding Standard No. 108. The National Highway Traffic Safety Administration reserves the right to challenge any determination that appears clearly erroneous. On the basis of the information you have presented us, the grain buggies will be primarily used off the public roads, and u e of the public roads will be only incidental (in our experience agricultural equipment uses public roads for such limited purposes as crossing from one field to another, and delivery of produce to processing plants). Under th ese circumstances, we would not consider the grain buggies as "motor vehicles," and no Federal requirements would apply to them. They would, however, remain subject to any appropriate requirements of the State in which they are used.

I hope that this answers your questions.

Sincerely,

Erika Z. Jones Chief Counsel

12/9/86

Erika Z. Jones, Chief Counsel National Highway Traffic Safety Administration 407th Street Southwest Washington D.C., 20590

Dear Ms. Jones:

We are a manufacturer of agricultural grain transportation vehicles, also known in the industry as "Grain Buggies". We manufacture 4 different models. (ref. enclosed product literature)

Although the primary use for these trailers will be "off road" in nature, we realize there are times when these units will be used on gravel roads and occasionally, highways. They are designed to be towed by agricultural tractors, which generally have a top road speed of 25 to 30 MPH.

Since we market these units over a wide geographic area, we felt the need to incorporate a comprehensive safety lighting system, which would conform to any Department of Transportation specifications for said vehicles if there were indeed any such specif ications.

We need to know two things:

1. Are there any DOT lighting requirements for these types of vehicles?

2. If there are any requirements, what are they and how can we meet them?

I have included some general descriptions of our products for your review.

We are committed to producing quality, safe equipment for our customers. Your response to our questions will help us meet our commitments.

Sincerely

Dwight R. Koehler Product Management Parker Industries P.O. Box 37589 Omaha, NE. 68137 (402) 595-3050