Interpretation ID: GF002714

Mr. Mike Chuppe
Kringstad Ironworks, Inc.

PO Box 253

7248 Highway 18

Hoople, ND 58243

Dear Mr. Chuppe:

This responds to your letter asking whether your vehicles are subject to the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 224, Rear impact protection. Specifically, you ask if straight trucks are subject to the requirements of FMVSS No. 224. Within the context of your letter we understand straight trucks to mean heavy vehicles designed to transport goods under their own motive power as opposed to being drawn by another motor vehicle. Along with your letter, you provided pictures of the vehicles in question. However, the pictures depicted only the rear portions of each vehicle, and we could not confirm whether the pictures were of straight trucks or trailers.

In relevant part, S4 of FMVSS No. 224 reads as follows: S3. Application. This standard applies to trailers and semitrailers with a GVWR of 4,356 kg or more.

49 CFR 571.3 defines a trailer as a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle. The same section also defines a semitrailer as a trailer, except a pole trailer, so constructed that a substantial part of its weight rests upon or is carried by another motor vehicle. Unless your vehicles fall under one of the two definitions, they are not subject to the requirements of FMVSS No. 224.

You also asked whether straight trucks would fall under paragraph (b) of Federal Motor Carrier Safety Administration (FMCSA) Regulation 393.86. We have consulted with Mr. Michael Huntley, Chief, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, at FMCSA, who has confirmed that FMCSA Regulation 339.86(b) applies to straight trucks.

If you need further assistance, please contact J. Edward Glancy of my staff at this address or at (202) 366-2992.

Sincerely,

Anthony M. Cooke

Chief Counsel

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d.8/11/06