Interpretation ID: 9327
Selecto-Flash, Inc.
P.O. Box 879
Orange, NJ 07051
Dear Mr. Plath:
This is in reply to your letter of November 15, 1993, to Taylor Vinson of this Office on trailer conspicuity. You ask for confirmation of several points.
Initially, we would like to comment as follows on the 4-point procedure you have outlined:
"1) A chassis for purposes of the conspicuity requirement shall be considered to be a trailer."
This is correct. Because the chassis is designed for carrying property and for being towed by a motor vehicle, it is a "trailer" as defined for purposes of compliance with the Federal motor vehicle safety standards.
"2) That the total length of the chassis shall be used in computing the 50 percent coverage of high intensity reflective for each individual side."
This is correct. Under S5.7.1.4.2(a) of Standard No. 108, retroreflective tape "need not be continuous as long as not less than half of the length of the trailer is covered . . . ."
"3) In the case of a 48 foot chassis, the law will thus require a minimum of 24 feet of the approved reflective sheeting to be applied to each side. Further, there shall not be more than 18 inches of either red or silver reflective in a continuous strip and that there shall not be an allowed void of more than 48 inches between modules."
This is partially correct. Under S5.7.1.4.2(a), a minimum of 24 feet of reflective material must be applied to the side of a 48-foot trailer. However, S5.7.1.3(a) requires the colors to be red and white, not red and silver. Further, under S5.7.1.3(b), the permissible lengths of the sheeting are expressed as "each white or red segment shall have a length of 300 mm +/- 150 mm." We note that 450 mm is slightly less than 18 inches. Finally, Standard No. 108 does not specify any maximum permissible "void . . . between modules." Under S5.7.1.4.2(a), the spaces are to be distributed "as evenly as practicable."
"4) * * * When the chassis is not loaded with a container, the application of 24 feet per side of a 48 foot chassis of evenly spaced reflective modules would comply with the law as we understand it. It would identify the extreme front and rear portions of the chassis. * * *"
This is incorrect. Compliance by an unloaded container chassis with the conspicuity requirements is determined as if the container load were in place. S7.5.1.4.2(a) states that "at the location chosen [for conspicuity treatment], the strip shall not be obscured in whole or in part by other motor vehicle equipment or trailer cargo." Because the container obscures the gooseneck, the conspicuity treatment mandated by Standard No. 108 cannot identify the extreme front portion of the chassis. Its front termination point will be behind the gooseneck, at a point where it is not obscured by the container. You have correctly stated this with respect to a loaded chassis but it applies to the unloaded chassis as manufactured:
". . . the entire 24 feet (50 per cent of length) [shall] be applied behind the gooseneck. In general this would mean that the rear 40 foot portion of the chassis would contain the 24 feet of reflective modules. Further we understand that the 50 percent requirement would be satisfied and that additional modules would not have to be applied to the gooseneck."
You conclude that a gooseneck chassis traveling without its container would be in violation of Standard No. 108 if its gooseneck were not marked "creating a hazard and would violate the requirement stating that a void of no more than four feet is allowable." You also ask "[i]s there a benefit in applying the additional 4 feet of reflective within the rear 40 foot portion of the chassis?"
As explained previously, Standard No. 108 does not require marking of the gooseneck of a container chassis, and there is no requirement limiting the spacing between segments of retroreflective material. We believe that the desired conspicuity of the trailer will be maintained by requiring the additional 4 feet of sheeting on the chassis behind the gooseneck when the gooseneck itself will be obscured with the container in place. Standard No. 108 does not prohibit a manufacturer from applying conspicuity treatment to the 8-foot gooseneck of a 48 foot trailer if it wishes to do so; however, the manufacturer is still required to apply not less than 24 feet of material in the 40-foot section behind the gooseneck.
We shall be pleased to answer the following four questions you have also raised:
"1) Will we need to apply 24 feet of stripping on a 48 foot chassis behind the gooseneck plus an additional 4 feet on the gooseneck?"
You will have to apply 24 feet of stripping on the portion of a 48-foot chassis that lies behind the gooseneck, but you are not required to mark the gooseneck.
"2) Since a chassis is considered to be treated as a trailer, shouldn't we apply the 24 feet evenly spaced from the extreme rear and front portions of the chassis?"
As explained previously, the 24 feet of material is to be applied behind the gooseneck. If you wish to apply evenly spaced conspicuity treatment that includes the gooseneck, you may do so, as long as at least 24 feet of it is behind the gooseneck.
"3) Is a tire considered a legal obstruction? If so, can we deduct the distance behind the tire from the 50 percent coverage?"
Yes, a tire is "motor vehicle equipment" within the meaning of S5.7.1.4.2(a) forbidding the obscuring of conspicuity treatment. No, you may not deduct the length of the area obscured by the tire from the 50 per cent coverage. You must include it in the 50 per cent computation. Thus, if a tire would obscure 3 feet of conspicuity material on the side of a 48 foot gooseneck trailer, the manufacturer must apply 24 feet of material in the 37 feet that is behind the gooseneck which is not obscured. We note in passing that the prints submitted for our review by J.Z. Peepas of Selecto-Flash depict conspicuity treatment that is above the top of the tire and apparently not obscured by it.
"4) We anticipate that the slide mechanism on an extendable chassis will scrape the reflective film off the chassis. Is the operator then subject to penalties? How will the operator be able to avoid these penalties since they have no control over this process?"
You are not required to place conspicuity treatment on the extendable portion of the chassis provided that not less than half of the length of the trailer is covered when the conspicuity treatment is placed elsewhere. In the event that conspicuity treatment is placed on the extendable portion and is damaged when the trailer is in use, the operator will not be subject to any penalties of this agency. Federal regulations governing the use of commercial vehicles in interstate commerce are issued by another agency of the Department of Transportation, the Federal Highway Administration (FHWA). The FHWA requires that vehicles manufactured on or after March 7, 1989, meet the requirements of Standard No. 108 in effect on the date of manufacture of the vehicle (49 CFR 393.11). Therefore, maintenance of the conspicuity treatment on trailers manufactured on or after December 1, 1993, is required by the FHWA. If you wish to write FHWA on this topic, you may address James E. Scapellato, Director, Office of Motor Carrier Standards, FHWA, Room 3107, 400 Seventh Street, SW, Washington, D.C. 20590.
The individual states may have regulations in this area as well. We are unable to advise you on State requirements, and suggest that you consult the American Association of Motor Vehicle Administrators, 4600 Wilson Blvd., Arlington, Va. 22203.
Sincerely,
John Womack Acting Chief Counsel
ref:108 d:11/30/93