Interpretation ID: nht94-4.61

TYPE: INTERPRETATION-NHTSA

DATE: October 25, 1994

FROM: Matt Decker -- Project Engineer, Wenger Corporation

TO: Ricardo Martinez -- Administrator, NHTSA

TITLE: Subject: Petition for Exemption of FMVSS 108 (Section only with reference to the addition of trailer conspicuity)

ATTACHMT: ATTACHED TO LETTER DATED 11/16/94 FROM PHILIP R. RECHT TO MATT DECKER (A42; STD. 108; PART 555)

TEXT: The Wenger Corporation of Owatonna, Minnesota, U.S.A. is petitioning for exemption from Federal Motor Vehicle Safety Standard No. 108; Lamps, reflective devices, and associated equipment as it relates to the conspicuity treatment in S5.7 (effective date December 1, 1993).

The Wenger Corporation manufactures and sells a complete line of music education and performance equipment. Wenger Showmobiles, mobile performance stages in trailer form, are offered and sold primarily to city municipalities such as Park and Recreation Departments throughout the United States. As you can see from the enclosed advertising literature, aesthetics is of major concern to our customers. The addition of the conspicuity striping is unacceptable for many of our potential customers because of how it would impact their graphics on the sides and rear of the product.

The annual sales volume for this particular product is approximately 20 (twenty). The Gross Vehicle Weight Rating (GVWR) is 13500 lbs. Average annual mileage after delivery of this product ranges from a low of 25 miles to a high of 500 miles. Our cust omers generally store this product within their city yards. This product is typically towed by a 1-1/2 ton pick-up truck or city truck to the performance site which is normally within the city limits. The performance sites can vary from a closed off st reet to the middle of a city park.

In summary the Wenger Showmobile product is a low mileage vehicle that is generally parked off-road at night, either on private city property or city parks. Exterior appearance (graphics) is very important to owners of this product. With utmost importa nce it is Wenger Corporation's opinion that exemption from the conspicuity requirement would not have an adverse effect upon safety with regards to the Showmobile product.

Please review the information included with this petition and offer your ruling as soon as possible. If there are any questions relating to this petition please direct them by telephone or in writing to:

The Wenger Corporation

Attention: Matt Decker

555 Park Drive Owatonna, MN 55060

Telephone: (507) 455-4100 Ext. 174