Interpretation ID: 9326
Selecto-Flash, Inc.
P.O. Box 879
Orange, NJ 07051
Dear Mr. Peepas:
This is in reply to your FAX of November 12, 1993, to Taylor Vinson of this Office, the latest in a series of communications about how the conspicuity requirements of Standard No. 108 are to be applied to gooseneck trailers.
On October 20, we sent you a correction of our earlier interpretation of S5.7.1.4.2(a). Our correction stated that the requirement is that conspicuity treatment not be obscured by trailer cargo. If conspicuity treatment is applied to the gooseneck of a container trailer, we understand that it will be obscured by the container (cargo) when it is in place.
S5.7.1.4.2(a) also specifies that conspicuity treatment "need not be continuous as long as not less than half of the length of the trailer is covered and the spaces are distributed as evenly as practicable." The length of the gooseneck is included in determining the overall length of the trailer for purposes of calculating the half length that must be covered by the conspicuity treatment (which, of course, would be greater than half the length behind the gooseneck).
You have suggested that we reevaluate the effect of excluding the gooseneck from compliance with the conspicuity requirements. There is nothing in Standard No. 108 that prohibits a manufacturer from applying retroreflective sheeting to the gooseneck. Indeed, some manufacturers may wish to do so to provide conspicuity of the entire trailer side when the trailer is traveling without its cargo. However, conspicuity treatment on a gooseneck is not counted in determining whether at least half the trailer side is covered. An example may clarify this for you. Let us say that the overall length of the trailer is 40 feet, including an 8-foot gooseneck. The amount of the side to be covered is not less than 20 feet. The area to be covered is the 32 feet between the rear bolster to the point immediately behind the gooseneck's terminus. Thus, regardless of whether conspicuity treatment is applied to the gooseneck, at least 20 feet of this 32-foot length must be covered in order to comply with Standard No. 108, and the spaces must be distributed as evenly as practicable. Standard No. 108 does not address the issue of the length of the spaces between strips, and a manufacturer may choose 4 feet or whatever is feasible for the trailer at hand.
On the basis of this interpretation letter, we believe that Selecto-Flash ought to be able to judge whether the conspicuity treatments on Prints A-1, A-2, B-1 and B-2 accord with Standard No. 108.
Sincerely,
John Womack Acting Chief Counsel
ref:108 d:11/30/93