ID: nht89-1.83

TYPE: INTERPRETATION-NHTSA

DATE: 04/28/89

FROM: THOMAS A. COZ -- SENIOR ATTORNEY NORTH AMERICAN VAN LINES

TO: OFFICE OF THE GENERAL COUNSEL DEPARTMENT OF TRANSPORTATION NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: HIGH-MOUNTED TRAILER STOP LAMPS/TURN SIGNALS

ATTACHMT: ATTACHED TO LETTER DATED 08/24/89 FROM STEPHEN P. WOOD -- NHTSA TO THOMAS A. COZ -- NORTH AMERICAN VAN LINES; REDBOOK A34; STANDARD 108; LETTER DATED 01/13/88 FROM L.F. ROLLIN -- DEPARTMENT OF CALIFORNIA HIGHWAY PATROL TO THOMAS A. COZ -- NORTH AMERICAN VAN LINES

TEXT: Dear Sir or Madam:

The purpose of this letter is to request an opinion regarding North American Van Lines, Inc. ("NAVL") use of high-mounted stop lamps/turn signals on some of our interstate highway trailer fleet. I raise this question in light of Federal Motor Vehicle Safety Standard No. 108 ("FMVSS 108") which specifies mounting heights for brake lights and turn signals on interstate motor carrier equipment.

To assist you in rendering your opinion, I enclose a photograph of a NAVL trailer which has been retrofitted with high-mounted stop lamps/turn signals on both sides of the trailer. In addition, I enclose a copy of "Final Specs," dated January 19, 198 7, pursuant to which NAVL ordered 50 trailers from the Kentucky Manufacturing Company. NAVL has received these new trailers from Kentucky Manufacturing, and they all have the high-mounted stop lamps/turn signals specified in Item 14 of the three-page "F inal Specs" sheets. Finally, I enclose a copy of a VHS-type videocassette which shows the operation of high-mounted stop lamps/turn signals on the highway.

NAVL believes these supplemental high-mounted stop lamps/turn signals are permitted under FMVSS 108. For purposes of clarity, however, NAVL hereby requests your written opinion on this question. Please send your written opinion in response to this l etter to me at the address listed above.

If you have any questions or if you need further clarification of what NAVL is asking you to do, please contact me directly. My telephone number is (219) 429-2224.

Thank you for your assistance in this matter.

Sincerely,

ENCLOSURES

ID: nht89-1.84

TYPE: INTERPRETATION-NHTSA

DATE: 05/03/89

FROM: MARCIA M. AVIS

TO: NHTSA OFFICE OF CHIEF COUNSEL

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 05/31/90 FROM STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL TO MARCIA M. AVIS, A35, STD 213

TEXT: I am inquiring as to the saftey standards and regulations for an accessory seat pad to be used with the child's booster car seat -- or restraint seat. It is a seat cushion approximately 1/4 inch thick to be placed under the childs booster seat. It will be held in place with the strap system inherent to the booster seat along with the weight of the child on the seat. The material is a quilted polyester fabric. I need to know the regulations as to positioning of seat with this pad, flammability or oth er factors involved with placing a pad under the child's seat. Please write or call to the address and number on letterhead. The cushion will provide comfort and allow the child to rest their head while sleeping.

ID: nht89-1.85

TYPE: INTERPRETATION-NHTSA

DATE: 05/05/89

FROM: DANIEL F. WIECHMANN

TO: ROBERT A. DETERMAN -- IOWA OFFICE OF CONGRESSMAN FRED GRANDY

TITLE: THE STATE OF IOWA VS. BARRY LYNN SPEICH

ATTACHMT: ATTACHED TO LETTER DATED 07/05/89 FROM JEFFREY R. MILLER -- NHTSA TO FRED GRANDY, REDBOOK A33 (3); STANDARD 108; LETTER DATED 05/09/89 FROM FRED GRANDY -- CONGRESS TO JERRY CURRY -- NHTSA; LETTER DATED 09/23/88 FROM DANIEL F. WIECHMANN TO RUTH SKLUZACEEK, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH, FRANKLIN COUNTY CRIMINAL NO. WD488435; NO 24.432.0788 [321.424] OF THE CODE OF IOWA; LETTER DATED 10/10/88 FROM JODY JOHNSON -- IOWA DOT TO DANIEL F. WIECHMANN, REF NO 911.2; LETTER DATED 10/14/88 F ROM DANIEL F. WIECHMANN TO RALPH HITCHCOCK -- NHTSA, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH, FRANKLIN COUNTY CRIMINAL NO WD488435; NO. 24.432.0788 [321.424] OF THE CODE OF IOWA

TEXT: Dear Bob:

I believe I had spoken to you earlier about the problem that had arisen concerning the headlight covers on a vehicle of Barry Lynn Speich from Hampton.

A question had arisen as to whether or not this type of lighting device was legal in the State of Iowa. I wrote to Ruth Skluzaceek, Director of Vehicle Registration Office, Lucas State Office Building, Des Moines, Iowa, concerning the same, a copy of my letter of September 23, 1988, being enclosed. In response, on October 11, 1988, I received a letter from Jody Johnson, Administrative Officer, Vehicle Registration, Motor Vehicle Division, Iowa Department of Transportation, to the effect that the St ate of Iowa did not have the authority to approve the headlamp covers, as Iowa Administrative Rule Chapter 450,761 -- 450.1(321) adopted Federal Standards and Equipment Approval, a copy of said letter being enclosed.

As a result of Jody Johnson's letter of October 10, 1988, I followed her advice and wrote to Mr. Ralph Hitchcock, U.S. Department of Transportation, National Highway Safety Administration Standards, Washington, D.C., setting forth the same information and the same request, a copy which letter is enclosed.

I am sure the National Highway Traffic Safety Administration Standards has better things to do, than to answer my letter of October 14, 1988; unfortunately, in a case pending in the District Court of the State of Iowa in and For Franklin County (Magis trat Division) Criminal Division, is important to my client and the answer which we seek is the crucial question in this case as to whether or not the headlamp covers in question are in fact illegal, or are in fact approved.

My logic tells me that these type of covers are in fact approved as I have seen them on numerous vehicles not only in the state of Iowa, but in other states as I have traveled. I am sure that the companies who sell these items would not be selling th em, if they were not in fact approved items.

I am also enclosing some information concerning these headlamp covers which may be helpful in the search that is done.

Your cooperation in this matter is greatly appreciated.

Thank you very much.

Yours very truly,

ENCLOSURES

ID: nht89-1.86

TYPE: INTERPRETATION-NHTSA

DATE: 05/08/89

FROM: DAN TREXLER, -- THOMAS BUILT BUSES INC SPECIFICATIONS ENGINEER

TO: ERIKA Z. JONES -- OFFICE OF CHIEF COUNCIL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 08/30/89 FROM STEPHEN P. WOOD -- NHTSA TO DAN TREXLER; REDBOOK A34 [7]; STANDARD 105; STANDARD 108; STANDARD 121; STANDARD 217

TEXT: Dear Ms. Jones,

We, as well as other body companies, have received requests to install a master electrical disconnect switch on many buses. This switch disconnects the entire electrical system from the battery(ies) (i.e., battery cut-off switch).

The requests have been both in the form of state requirements (on school buses) and by individual customers. Additionally, it is a recommendation contained in the Baseline Advanced Design Transit Coach Specifications (UMTA "White Book") (Part II, page I I-75, section 3.6.5.3).

When this switch is turned to the "off" position, it renders inoperative the warning signals (to the driver) required by FMVSS 105, 121 and 217. It also inactivates the hazard warning flasher required by FMVSS 108.

Would the installation of such a switch constitute a safety related hazard or noncompliance if, a) it is accessible to the seated driver or, b) it is remotely located in the battery or engine compartment without ready access to the driver?

We would appreciate an interpretation of this matter at your earliest convenience.

Sincerely,

ID: nht89-1.87

TYPE: INTERPRETATION-NHTSA

DATE: 05/09/89

FROM: FRED GRANDY -- CONGRESS

TO: JERRY CURRY -- NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 07/05/89 FROM JEFFREY R. MILLER -- NHTSA TO FRED GRANDY, REDBOOK A33 (3); STANDARD 108; LETTER DATED 05/05/89 FROM DANIEL F. WIECHMANN TO ROBERT A. DETERMAN, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH; LETTER DATED 09/2 3/88 FROM DANIEL F. WIECHMANN TO RUTH SKLUZACEEK, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH, FRANKLIN COUNTY CRIMINAL NO. WD488435; NO 24.432.0788 [321.424] OF THE CODE OF IOWA; LETTER DATED 10/10/88 FROM JODY JOHNSON -- IOWA DOT TO DANIEL F. WIECHMANN , REF NO 911.2; LETTER DATED 10/14/88 FROM DANIEL F. WIECHMANN TO RALPH HITCHCOCK -- NHTSA, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH FRANKLIN COUNTY CRIMINAL NO WD488435; NO 24.432.0788 [321.424] OF THE CODE OF IOWA

TEXT: Dear Jerry:

Recently I was contacted by Daniel Wiechmann, Jr. an attorney from Hampton, Iowa concerning an October 14, 1988 letter he sent to Mr. Ralph Hitchock at the National Highway Traffic Safety Administration Standards that has not been responded to as of this date. Enclosed find the correspondence I have received from Mr. Wiechmann.

I would be grateful if you would review this matter so a reply can be sent to Mr. Wiechmann as soon as possible. Mr. Wiechmann has indicated he has a case pending in the District Court of the State of Iowa waiting on this response. I would appreciate a copy of your response sent to my Mason City office.

Thank you for your attention in this matter.

Sincerely,

Enclosure

ID: nht89-1.88

TYPE: Interpretation-NHTSA

DATE: May 12, 1989

FROM: Donald W. Vierimaa -- Vice President-Engineering, Truck Trailer Manufacturers Association

TO: Billy Mohr -- Commander, Support Section, Motor Carrier Division, Department of State Police

TITLE: None

ATTACHMT: Attached to letter dated 6/1/94 from John Womack to Donald W. Vierimaa (VSA S103(a)), letter dated 8/9/93 from Donald W. Vierimaa to John Womack and letter dated 5/16/89 from Billy Mohr to Donald W. Vierimaa

TEXT:

Please advise us as to whether he attached sketches properly interpret the Michigan bumper, trailer "wheelbase", and side marker lamp requirements for the length of trailers shown. We would appreciate a copy of the actual regulations or law for referenc e purposes describing the bumper, lighting, and kingpin to center of tandem/single axle requirements.

Regarding the lighting requirements for trailers longer than 50 feet as described in your letter of March 27, 1989, we assume that the "two clearance lamps" described in (8)(c) of the regulations describes the "intermediate side marker lamps" regulated b y NHTSA in FMVSS 108. If indeed Michigan is requiring two additional intermediate side marker lamps to those required by FMVSS 108, then it would appear that your requirement is invalid as FMVSS 108 preempts State regulations which substantially differ. Please see excerpts from NHTSA legal interpretations on this subject in the attachment to TTMA RP No. 9, section 1.0.

Thank you in advance for further clarifying your regulations for our member trailer manufacturers.

ID: nht89-1.89

TYPE: INTERPRETATION-NHTSA

DATE: 05/16/89

FROM: STEPHEN P. WOOD -- NHTSA ASSISTANT CHIEF COUNSEL FOR RULEMAKING

TO: THOMAS C. GRAVENGOOD -- AGAP'E PLASTICS INC.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 08/11/89 FROM STEPHEN P. WOOD -- NHTSA TO GEORGE A. VANSTRATEN; REDBOOK A34; STANDARD 108 LETTER DATED 07/12/89 FROM GEORGE A. VANSTRATEN -- VAN STRATEN HEATED TAIL LIGHT; OCC 3732; ALSO ATTACHED TO 04/03/89 LETTER FROM THOMAS GRAVENGOOD TO NHTSA (OCC 3348)

TEXT: Dear Mr. Gravengood:

This is in reply to your letter of April 3, 1989, to this Office enclosing samples of plastic lenses. Your company manufacturers "heated lights" which appear beneficial in melting snow that accumulates on them in the winter months. In your letter, you s tated:

"All lights, lenses, and materials to assemble the heated safety lights have already been certified and passed the Motor Vehicle Safety Standard No. 108. We have been advised by the National Highway Traffic Safety Administration that there is no moto r vehicle safety standard no. for heated lights. In order for us to do business at the O.E.M. level we require a letter of approval from you to us that we may pass on to our customers so they may start ordering and we may start producing."

We have no authority to "approve" or "disapprove" items of motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, an equipment manufacturer "approves" each of its own products that are subject to a Federal motor vehicle safety standard by certifying that it meets all applicable Federal motor vehicle safety standards, or (if it is a vehicle manufacturer), that the vehicle on which the lamp is installed, complies with the standards. However, we can advise you of the relationshi p of your product to Standard No. 108. This should prove helpful in dealings at the O.E.M. level.

There are two types of O.E.M. lighting equipment: lamps that are required by Standard No. 108, and supplementary lamps that do not come under its coverage. Although your product literature indicates that the highmounted heated taillamp supplements the or iginal equipment lamp, it is not clear whether the heated signal lamp serves as the required signal lamp or is a supplement to the original equipment. Accordingly, this letter discusses how Standard No. 108 treats both original required and original sup plemental lighting equipment.

If you are the manufacturer of original lighting equipment required by Standard No. 108, but not the manufacturer of the vehicle on which it is installed, the vehicle manufacturer, and not you, has the legal

2

responsibility under the Act and Standard No. 108 of ensuring that the equipment complies with the standard, and of certifying that the vehicle meets all applicable Federal motor vehicle safety standards. As a practical matter, however, vehicle manufact urers generally insist that equipment manufacturers provide assurance that their products meet Federal standards, but the "certification" they may insist upon is not required by the Act. You are correct that there is no standard that applies to heated l amps as such. The Federal standard that applies is the one imposed by Standard No. 108 for the particular equipment item (taillamps or signal lamps in this instance).

If you are manufacturing a lamp as an original equipment supplement to required original lighting equipment, the burden remains on the vehicle manufacturer who installs it. The only restriction on a supplementary lamp that Standard No. 108 imposes is th at it not impair the effectiveness of the required lighting equipment (paragraph S4.1.3). Your lamps "splice into" the wiring for the taillamps and "marker lamps", according to your product literature. Therefore, it is incumbent upon the vehicle manufa cturer to ensure that this installation does not negatively affect the performance of the required taillamps and signal lamps, or otherwise impair its effectiveness. If the vehicle manufacturer determines that no impairment exists, then it may certify t hat its vehicles comply with all applicable Federal motor vehicle safety standards.

Observing that the product literature depicts the heated taillamp installed in the upper corners of a school bus body, we must also call attention to an additional provision of Standard No. 108. The location depicted is one that is frequently used for t he clearance lamps required by Standard No. 108. Paragraph S4.4 of Standard No. 108 forbids the optical combination of clearance lamps and taillamps. Thus, your lamp cannot optically combine these two functions if it is to be used as new vehicle equipm ent.

Other enclosures to your letter indicate that at present the heated lamp is being installed on buses in use, that is to say, as non-original equipment. The requirements imposed by Standard No. 108 and the Act for aftermarket manufacturers of lighting eq uipment differ from those for original equipment. If the lamp you produce is intended to replace an original equipment certified lamp, it is considered replacement equipment. As a manufacturer of a replacement taillamp or signal lamp, the legal obligati on to produce a complying equipment item falls squarely upon you, as does the certification responsibility. If the lamp is intended only to replace a supplemental lamp, you are not required to certify. However, there may be instances in which your lamp is interchangeable with original certified equipment, and even though you may not intend it as replaceable lighting equipment, you may encounter questions from state and federal authorities if it is not manufactured and certified in accordance with Stan dard No. 108.

3

Finally, you should be aware of your responsibilities under the Act in the event that your products do not comply with Standard No. 108, or incorporate a safety related defect (an example would be the inability of the lens to withstand the heat produced during the lamp's operation without warping or cracking). If you or this agency determine that a noncompliance or safety related defect occurs in any item of replacement equipment that you manufacture, you have the obligation to notify purchasers, and t o remedy the problem through repair, repurchase, or replacement of the item. With respect to original equipment, this obligation falls upon the manufacturer of the vehicle on which it is installed.

If you have any further questions we shall be happy to answer them. We are returning your samples.

Sincerely,

ID: nht89-1.9

TYPE: INTERPRETATION-NHTSA

DATE: 01/30/89

FROM: MAUREEN ANDREWS

TO: ROBERT C. SMITH -- CONGRESS

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 03/24/89 FROM DIANE K. STEED -- NHTSA TO ROBERT C. SMITH, REDBOOK A33, STANDARD 222; LETTER FROM ROBERT C. SMITH TO SAMUEL K. SKINNER, DATED 02/28/89

TEXT: Dear Congressman Smith,

I am writing to you because I am concerned about the safety of children while they are on the school bus. I would like to find out if anything is being done to make it a requirement to have seat belts on the school bus.

As you may know, last week a 15 year old boy was killed on a school bus in Manchester. That is such a tragic loss of life. Maybe if there was some kind of a monitoring system that could alert the driver that someone's seat belt wasn't fastened, then perhaps we could avoid such awful tragedies in the future.

It would be hard for some children to get use to wearing the seat belts, but if it was a requirement, they would eventually get use to it. A lot of children are already use to wearing seat belts when they get in their own cars -- why not the school b us also?

Another concern I have is the number of children allowed to sit per seat. I have been told that in Derry they are allowed to sit three students per seat. Many times my son comes home and tells me how he has to sit on the edge of his seat because ther e isn't enough room (or because the girls push him off). If some of the children are not sitting correctly in their seat, then there will be more serious injuries or deaths in the future especially if the driver has to make a sudden stop or swirve out o f someone's way.

I am really worried about the safety of children on the school bus. Would you let me know if anything is being done to correct this problem?

Could you also tell me just how a parent can go about finding out what parents rights are where the school system is concerned?

Thank you for any help you can give me.

ID: nht89-1.90

TYPE: Interpretation-NHTSA

DATE: May 16, 1989

FROM: Billy Mohr -- Commander, Support Section, Motor Carrier Division, Michigan Department of State Police

TO: Donald W. Vierimaa -- Truck Trailer Manufacturers Association

TITLE: None

ATTACHMT: Attached to letter dated 6/1/94 from John Womack to Donald W. Vierimaa (VSA S103(a)), letter dated 8/9/93 from Donald W. Vierimaa to John Womack, and letter dated 5/12/89 from Donald W. Vierimaa to Billy Mohr

TEXT:

I have reviewed the S. 108 DOT interpretations you have provided. The 53 foot trailers have been allowed in Michigan for several years. The Michigan Legislature was specific in its requirements for use of trailers over 50 feet in length. The requirements are those recommended by the University of Michigan, Transportation Research Institute. The National Highway Traffic Safety Administration has not notified the State of Michigan that the requirement of an additional "clearance lamp" as near to the top of the semitrailer as practicable is preempted by Section 103 (d) of the National Traffic and Motor Vehicle Safety Act of 1966. Be advised that the lamp is not a marker lamp as mentioned in 1.7 of the DOT interpretations.

The statute that covers height, length and underride protection is within the Motor Vehicle Code, Act. 300 P.A. 1949 as amended. I cannot provide you with a copy of the Michigan Motor Vehicle Code, as it must be purchased from the Michigan Department of State. However I am including Section 719 as a part of this letter. Section 719 is as follows:

"Sec. 719. (1) Except as provided in subsection (2), a vehicle unloaded or with load shall not exceed a height of 13 feet 6 inches. The owner of a vehicle which collides with a lawfully established bridge or viaduct shall be liable for all damage and injury resulting from a collision caused by the height of the vehicle, whether the clearance of the bridge or viaduct is posted or not.

(2) A truck, truck tractor, semitrailer, or trailer manufactured on or after July 27, 1978, shall not be used to transport flammable liquids, in bulk, having a flash point at or below 70 degrees Fahrenheit, if the truck, truck tractor, semitrailer, or trailer exceeds 11 feet 8-1/2 inches in height. However, safety equipment and those appurtenances which are required by state law, when added to a vehicle, may cause the vehicle height to exceed 11 feet 8-1/2 inches, but shall not cause the vehicle height to exceed 13 feet 6 inches. A person who violates this subsection is guilty of a misdemeanor.

(3) A vehicle, except a truck tractor, trailer, or semitrailer, including load, or articulated buses operated by a local public transit system funded by Act No. 51 of the public Acts of 1951, being Sections 247.651 to 247.674 of the Michigan Compiled Laws, shall not exceed a total length of 40 feet. The total length of a semitrailer operating in a truck tractor and semitrailer combination shall not exceed 53 feet, including load. All

semitrailers longer than 50 feet shall have a wheelbase of 40.5 feet plus or minus 0.5 feet, measured from the kingpin coupling to the center of the rear axles or to the center of the tandem axle assembly if equipped with 2 axles. Articulated buses operated by a local public transit system funded by Act No. 51 of the Public Acts of 1951 may operate with a maximum length of 65 feet. A combination of truck tractor, semitrailer, and trailer, or truck and semitrailer or trailer, or a combination of truck tractor and 2 semitrailers, including load, shall not exceed a total overall length of 59 feet except as provided for on routes designated and approved by the state transportation department and by local authorities with respect to highways under their jurisdiction on which a person may operate a combination of a truck tractor, semitrailer, and trailer or a truck tractor and 2 semitrailers with no limit on the overall combination length, if the length of each semitrailer or trailer including load does not exceed 28-1/2 feet. The state transportation department and local authorities with respect to highways under their jurisdiction may designate highways where the overall length of a truck and trailer or semitrailer shall not exceed 65 feet. A truck tractor and semitrailer combination with a semitrailer length longer than 50 feet shall not be allowed to operate with more than 2 axles on the semitrailer. All truck tractor and semitrailer combinations with a semitrailer length longer than 50 feet shall travel exclusively on highways designated by the appropriate road authority. City, village, or county authorities shall have the option of prohibiting stops within their jurisdictions unless the stop occurs along appropriately designated routes, or is necessary for emergency purposes or to reach shippers, receivers, warehouses, and terminals along designated routes. A trailer or semitrailer in actual and lawful use in this state on December 1, 1982, may be operated in this state for the life of the vehicle in a combination with other vehicles in actual and lawful use in this state on December 1, 1982, if the combination was of legal length under the law of this state immediately preceding January 24, 1984. In calculating the length of a trailer or semitrailer under this subsection, the length shall be based on the cargo carrying portion of the vehicle only, including load. A truck tractor or other motor vehicle shall not haul more than 1 trailer and 1 semitrailer or more than 2 semitrailers in combination at any 1 time, except that a farm tractor may haul 2 wagons or trailers or garbage and refuse haulers may, during daylight hours, haul up to 4 trailers for garbage and refuse collection purposes, not exceeding in any combination a total length of 55 feet at a speed of not to exceed 15 miles per hour. In determining the length of a vehicle or a vehicle combination under this subsection, the length shall not be considered to include safety and energy conservation devices including, but not be limited to, impact absorbing bumpers, rear view mirrors, turn signals lamps, marker lamps, steps and hand holds for entry and egress, flexible fender extensions, mud flaps, or splash and spray suppressant devices; load induced tire bulge; refrigeration or heating units; or air compressors. A device shall be excluded from a determination of length only if it is not designed or used for the carrying of cargo.

(4) If a combination of 2 semitrailers is pulled by a truck or truck tractor, a fifth wheel connecting assembly which conforms with motor carrier safety rules promulgated by the department of state police pursuant to the motor carrier safety act of 1963, Act No. 181 of the Public Acts of 1963, as amended, being sections 480.11 to 480.21 of the

Michigan Compiled Laws, shall be used on each semitrailer.

(5) A train of vehicles or a vehicle operated alone shall not carry a load extending more than 3 feet beyond the front of the train of vehicles or vehicle.

(6) A motor vehicle, trailer, or semitrailer whose frame or body extends more than 36 inches beyond the rear of its rear axle and is more than 30 inches above the roadway shall not be operated on the highways of this state unless equipped with a fender or bumper on the extreme rear of the frame or body. The bumper shall extend downward from the rear of the frame or body to within 30 inches of the roadway and be of substantial construction. In addition to the requirements of subsection (7), no vehicle which is required by federal law to have an underride guard of not more than 22 inches above the roadway shall be operated upon the highways of this state without such an underride guard.

(7) A truck tractor and semitrailer combination with a semitrailer length longer than 50 feet whose frame or body extends more than 36 inches beyond the rear of its rear axle and is more than 30 inches above the roadway shall not be operated on the highways of this state unless equipped with an underride guard on the extreme rear of the frame or body. The underride guard shall meet all of the following requirements:

(a) Provide a continuous horizontal beam having a maximum ground clearance of 22 inches, as measured with the vehicle empty and on level ground.

(b) Extend to within 4 inches of the lateral extremities of the trailer on both left and right sides.

(8) A truck tractor and semitrailer combination with a semitrailer length longer than 50 feet shall not be operated on the highways of this state at the times specified in section 684 unless equipped with all of the following lamps and reflectors, in addition to any other lamps and reflectors required under this act:

(a) Two side marker lamps which display an amber light, 1 on each side of the semitrailer, located at 1/2 the distance from the front to the rear of the semitrailer.

(b) Two reflectors which reflect an amber light, 1 on each side of the semitrailer, located at 1/2 the distance from the front to the rear of the semitrailer.

(c) Two clearance lamps, 1 on each side of the semitrailer, located at 1/2 the distance from the front to the rear and as near to the top of the semitrailer as practicable.

(9) A lamp required under subsection (8) shall be lighted at the times specified in section 684 and shall be visible when lighted at a distance of 500 feet from the side of the semitrailer on which it is mounted. A reflector required under subsection (8) shall be visible at the times specified in section 684 from all distances from 50 to 500 feet from the semitrailer when directly in front of lawful upper beams of headlamps.

(10) Notwithstanding any other provisions of this section, a person may operate a combination of truck tractor, semitrailer, and trailer, or truck tractor and semitrailer or trailer designed and used exclusively to transport assembled motor vehicles or bodies, recreational vehicles, or boats, which does not exceed a total length of 65 feet. The load on the combination of vehicles may extend an additional 3 feet beyond the front and 4 feet beyond the rear of the combination of vehicles. Retractable extensions used to support and secure the load that do not extend beyond the allowable overhang for the front and rear shall not be included in determining the length of a loaded vehicle or combination of vehicles.

(11) A combination of vehicles shall not have more than 11 axles.

(12) Notwithstanding any other provisions of this section, a number of motor vehicles, wholly or partially assembled, may be transported over the highways of this state in combination, utilizing 1 tow bar or 3 saddle mounts with full mount mechanisms and utilizing the motive power of 1 of the vehicles in combination. The combination shall not exceed the maximum length of 65 feet for the transportation of assembled motor vehicles, and the vehicles in the combination shall be adequately and securely fastened together in compliance with regulations of the state and of any federal agency having jurisdiction over the transportation. If motor vehicles are towed by means of triple saddle mounts, the towed vehicles shall have brakes acting on all wheels which are in contact with the roadway. A combination exceeding 55 feet in length may be operated only on highways and routes approved and designated for that operation by the state transportation department and by local authorities with respect to highways under their jurisdiction.

(13) The total gross weight of a truck tractor, semitrailer, and trailer combination or a truck tractor and 2 semitrailers combination which exceeds 59 feet in length shall not exceed a ratio of 400 pounds per engine net horsepower delivered to clutch or its equivalent specified in the SAE handbook published by the society of automotive engineers, inc., (1977).

(14) Except as provided in subsection (2), a person who violates this section is responsible for a civil infraction. The owner of the vehicle may be charged with a violation of this section."

Your diagrams of trailers with pin setting measurements, marker lamps and underride protection is correct. However I want to point out that I cannot visualize a semitrailer such as you have on pages 4 and 5 where there would be less than 36 inches from the rear of the last axle to the rear of the semitrailer. There would be more than 9 feet from the pin to the front of the semitrailer.

If I can be of any further assistance regarding this matter, please contact me at 517/373-4910.

ID: nht89-1.91

TYPE: INTERPRETATION-NHTSA

DATE: 05/18/89

FROM: BOB SANDBLOM -- BOOKLAND PRESIDENT

TO: DEPARTMENT OF TRANSPORTATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 06/19/89 FROM STEPHEN P. WOOD -- NHTSA TO BOB SANDBLOM; REDBOOK A33 [B]; STANDARD 108; LETTER DATED 09/03/87 FROM ERIKA Z. JONES -- NHTSA TO DAVID M. ROMANSKY; STANDARD 108

TEXT: Dear Department of Transportation-

I thought you might want to know about a disturbing trend I have noticed in the Phoenix area and suspect exists across the country. Car dealers are putting their name and logo on the red lens of the high mounted brake light inside the rear window. Not only is this a nuisance for the car buyer to get rid of but the black letters and logo can take up more than half of the light producing area.

Surely it is not legal for a car dealer to defeat this federally mandated safety feature any more than it would be legal for them to remove a car's seat belts before offering it for sale. I have seen several different dealers' names in the lights but th e one I remember from seeing the most recently is Pitre Buick of Scottsdale.

Just thought you would like to know.

Sincerely,