Interpretation ID: nht94-4.21

TYPE: INTERPRETATION-NHTSA

DATE: September 2, 1994

FROM: Tom Determan -- Eng. Mgr., Brownie Tank Mfg. Co.

TO: Taylor Vinson -- Office of the Chief Counsel, NHTSA

TITLE: None

ATTACHMT: ATTACHED TO LETTER DATED 12/7/94 FROM PHILIP R. RECHT TO TOM DETERMAN (A42; REDBOOK 2; STD. 108)

TEXT: We are seeking a formal written interpretation regarding 49 CFR, Part 571.108, specifically in regards to the height requirements for side marker lamps and reflex reflectors.

We build tank trucks, over 80" wide, for the transport of petroleum products. Our customers are being cited for having reflex reflectors and marker lamps mounted too high on the vehicle.

We understand the rule to require that side marker lamps must be mounted at any height above 15" from ground level, and reflex reflectors must be mounted between 15" and 60" from ground level.

We believe the enforcement personnel may be applying the rule, as it pertains to trailers, to our vehicle, which is not a trailer.

Please review the rule, and issue a written interpretation. If the rule is interpreted as we believe, we will forward this interpretation to the enforcement personnel. If Brownie Tank is in error, we will change the installation position of the lights and reflectors on our tanks.

Your expeditious reply will be appreciated.