Interpretation ID: 1984-1.5

TYPE: INTERPRETATION-NHTSA

DATE: 01/27/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. John Lindig -- President, Lindig Manufacturing Corporation

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. John Lindig President Lindig Manufacturing Corporation 1875 W County Rd C St. Paul, Minnesota 55113

This is in response to your December 5, 1983 letter regarding the applicability of Federal vehicle identification number (VIN) requirements to brush chipper trailers manufactured by your company.

With very limited exceptions, all trailers are subject to VIN requirements and to certain other requirements under the National Traffic and Motor Vehicle Safety Act. Trailers which are manufactured exclusively for off-road purposes or those whose on-road use is limited to travel between work sites, with extended stays at individual work sites, are excluded. Trailers whose on-road use is restricted to travel between work sites, but whose stay at any particular site would not typically be an extended one, have been considered subject to our requirements. In particular, the agency has in the past issued interpretation letters stating that brush chipper trailers are subject to our requirements, including VIN requirements. Therefore, it is our view that your trailers are covered by those requirements.

Enclosed is information on how to obtain copies of our regulations.

Sincerely, Original signed by Frank Berndt, Chief Counsel

December 5, 1983

Dear Sir:

Recently, an equipment dealer that sells our products in California, advised us that his customer had been notified by the State of California, that a federal Vehicle Identification Number (VIN) was required for Lindig products which may be towed behind a car or truck.

A copy of the form letter of the State of California is enclosed. Palomar Tractor Co. is our dealer.

The machine in question is a Lindig Model XR16 brush chipper.

The Lindig XR16, plus similar machines such as our XK9 and XW12 chippers are landscape/construction machines. They are used to process tree branches into small woodchips. They are equipped normally with a gasoline or diesel engine...but are not self propelled. They must be towed from one job site to another, normally by a pickup truck or similar type of vehicle. They are not used to transport other machines or products, but are road towable only so that the machine itself may be moved to a new work location. Similar types of road towable units would be cement mixers, air compressors etc.

The State of California indicates that Federal Motor Vehicle Safety Standard 115 requires the VIN to be assigned, and it appears California feels that our brush chippers are covered by Standard 115.

From our limited understanding of this matter, we believe that products such as ours, are not in fact covered.

We ask for an opinion in this regard.

Sincerely, Original signed by John Lindig, President Lindig Manufacturing Corporation 1875 W County Road C St. Paul, Minnesota 55113