Interpretation ID: nht93-8.23

DATE: November 19, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ronald L. Signorino -- Director, Health, Safety & Regulatory Affairs, Universal Maritime Service Corp.

COPYEE: James Z. Peepas

TITLE: None

ATTACHMT: Attached to letter dated 11/3/93 from Ronald L. Signorino to John Womack

TEXT:

We have received your FAX of November 3, 1993, with respect to the trailer conspicuity specifications of Federal Motor Vehicle Safety Standard No. 108.

First, we regret the confusion that has been caused by our letter of October 20, 1993, to James Peepas of Selecto-Flash, Inc., which modified our earlier interpretation dated July 26, 1993. Mr. Peepas has made a number of calls to this Office seeking an understanding of the conspicuity requirements on Maersk's behalf, and, in our view, has pursued the matter with diligence.

You have presented three "Facts" and ask whether each is right or wrong.

"Fact: With particular reference to Maersk Line's prospective order for forty-foot gooseneck chassis (drawing accompanies this fax) your October 20 letter makes clear that calculable conspicuity treatments must not be obscured by trailer cargo."

If calculable means "required", this is a correct statement. Our letter of October 20 refers to the requirement of paragraph S5.7.1.4.2(a) that "at the location chosen, the strip (of sheeting) shall not be obscured in whole or in part by other motor vehicle equipment or trailer cargo."

"Fact: In calculating the area of conspicuity treatment for such chassis, the gooseneck section, as it is often hidden from view by mounted intermodal containers (trailer cargo), cannot properly be considered an appropriate site; and"

The length of the gooseneck is included in determining the overall length of the trailer for purposes of calculating the half length that must be covered by the conspicuity treatment (which, of course, would be greater than half the length behind the gooseneck). There is nothing in Standard No. 108 that precludes the application of auxiliary retroreflective sheeting to the gooseneck. Indeed, some manufacturers may wish to do so to provide conspicuity of the trailer side when the trailer is traveling without its cargo. However, any conspicuity treatment on a gooseneck is not counted in determining whether at least half the trailer side is covered.

"Fact: In determining the fifty percent of side surface area to receive conspicuity treatment on such chassis, the length of the chassis, from its rear bolster to its point immediately behind the gooseneck's terminus, is solely relevant."

This assertion is wrong, and the correct requirement is most clearly illustrated by the following example. Let us say that the overall length of the trailer is 40 feet, including an 8-foot gooseneck. The amount of the side to be covered is not less than 20 feet. The area to be covered is the 32 feet between the rear bolster to the point immediately behind the gooseneck's terminus. Thus, at least 20 feet of this 32-foot length must be covered in order to comply with Standard No. 108.

I hope that this clarifies the matter for you.