Interpretation ID: 22968.ztv

Mr. Gene Whitaker
President
Whit-Log, Inc.
P.O. Box 668
Wilbur, OR 97494

Dear Mr. Whitaker:

This is in reply to your letter of February 7, 2001, asking whether a "pole-hauling" trailer that you manufacture is exempt from "the Federal regulation that requires . . . reflective tape." You furnished pictures of the trailer with your letter.

The regulation to which you refer is Federal Motor Vehicle Safety Standard No. 108. This standard does not apply to "pole trailers" (S3(a) of 49 CFR 571.108). A pole trailer is a trailer "attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable generally of sustaining themselves as beams between the supporting connections" (49 CFR 571.3(b)).

Your trailers appear designed to haul trees or logs, which would be long loads within the meaning of the definition of "pole trailer." We have therefore concluded that this trailer is a "pole trailer" and not required to comply with the requirements of Standard No. 108, including the requirements for conspicuity marking.

Sincerely,

John Womack
Acting Chief Counsel

ref:108
d.3/13/01