Interpretation ID: nht93-8.40

DATE: December 1, 1993

FROM: Ramin Bogzaran -- Remedquip International Manufacturing, Inc.

TO: John Womack -- Acting Chief Council, NHTSA

TITLE: Request for interpretation 102(3) - Definition of motor vehicle; Reply requested by December 14, 1993

ATTACHMT: Attached to letter dated January 26, 1994 from John Womack to Ramin Bogzaran (A42; VSA 102(3); Attached to fax dated 12/15/93 from Ramin Bogzaran to Marvin Shaw; Also attached to letter dated 11/15/93 from Amar Chhabra to whom it may concern; Also attached to letter dated 11/30/93 from Lynn White to Jeff Boraston

TEXT:

Further to my discussions with Mr. Vinson I am sending your offices a request for ruling on the definition of motor vehicle and section 591.5(a)(1).

We have two trailers which have specialized equipment mounted on them and were originally manufactured in Greenville, TN in 1991, to U.S. DOT standards. This equipment has been stored on one site since it was delivered to Canada and was never operated or modified. At the time of delivery the manufacturer obtained permits for the trailers to be shipped to Canada and did not place a DOT sticker on the trailers. This equipment was a special order for a now defunct Canadian company. The equipment mounted on the two trailers is a BAGHOUSE which is built for AIR POLLUTION CONTROL.

These units were BUILT TO BE PART OF A TRANSPORTABLE SOIL REMEDIATION PLANT and will be used in the same capacity once imported to the United States. The trailers do not get registered and only get moved with permits as required. The reason for not registering the trailers is that the projects are long term and the trailers hardly see the road in their lifetime.

The trailers will be inspected every time before they are moved to make sure that they are SAFE AND COMPLY WITH ALL SAFETY STANDARDS. As the trailers are in Canada we can check them here to make sure that they comply with all safety regulations in Canada and also the CVSA, Commercial Vehicle Safety Alliance, which is an alliance signed between Canada and the United States to make sure that the commercial vehicles of both countries are safe and road worthy. It is our complete intention to make sure that the equipment is safe to be on the road and we feel that a favorable ruling to transport this equipment from Vancouver, Canada to our shop in San Diego, CA would be justified.

We will have the equipment checked by a United States certified technician once it has arrived to get a permit and make sure that it does comply with all federal safety regulations.

You will find enclosed a copy of the certificate of origin, pictures, a letter from the company which has had the equipment for the past two years stating that the equipment was built in the United States, and a letter from the manufacturer.

I thank you for your kind attention as our company must have this equipment at our facilities as soon as possible. I will be in contact with your office to make sure that you have all the necessary information which you may need to give us a ruling on the above.