Interpretation ID: nht73-2.5
DATE: 08/09/73
FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA
TO: Truck Body and Equipment Association Inc.
TITLE: FMVSR INTERPRETATION
TEXT: This is in reply to your letter of July 6, 1973, forwarding to us a letter from Mr. Jim Finley of the Hughes Tool Company. Mr. Finley describes two situations, requesting an opinion on the applicability of NHTSA requirements to each of them.
The first question is whether an earth auger body that is mounted on a crane carrier will conform to the Certification regulations (49 CFR Part 567) if the vehicle exceeds its stated weight ratings when a derrick is mounted on the vehicle but a permanent metal plate is also affixed to the vehicle which states: "The GVWR and GAWR require that the derrick be removed before operating this vehicle upon a public highway."
We do not believe such a label may be used to bring a vehicle into conformity with the Certification regulations. Both "gross vehicle weight rating" and "gross axle weight rating" call for a rating set by the manufacturer, but each is intended to reflect a fully-loaded vehicle or axle condition as a vehicle is likely to be used. Although your letter is not explicit in this regard, if it is a reasonable expectation that the vehicle will be operated on the public highways with the derrick mounted on it (but for the label), even though the derrick is "removable", we would not consider the weight ratings to be consistent with the regulations if they do not take into account the weight of the derrick.
Similarly, the components used in the manufacture of the vehicle should be of sufficient strength to carry the derrick when the vehicle is in motion. On the other hand, if it is unreasonable to expect the derrick to be attached to the crane carrier when the carrier is operated on the highway, the weight ratings need not take into account the weight of the derrick. In neither case, however, would the label you illustrate affect the conformity of the vehicle to the regulations; in the former case the label does not correct the incorrect weight ratings, and in the latter case, the label is unnecessary.
Your second question is whether Federal regulations regarding lighting may be met if the rear lights of a truck-mounted earth auger utilize hinged covers that are intended to protect the lights during boring operations. You state that when the vehicle is operated, the cover is secured to expose the lights. You ask if we recommend the use of a warning sticker in the cab to remind the driver to open the covers.
The use of these covers is not prohibited by the Federal lighting standard, Federal Motor Vehicle Safety Standard No. 108, "Lights, Reflective Devices, and Associated Equipment" (49 CFR 571.108). We think the idea of a warning sticker in the cab is nonetheless a good one.
Yours truly, TRUCK BODY AND EQUIPMENT ASSOCIATION, INC.
July 6, 1973
Richard B. Dyson -- Assistant Chief Counsel, National Highway Traffic Safety Administration, U. S. Department of Transportation
Dear Dick:
I would appreciate your response to the attached two questions submitted by Hughes Tool Company, a member of the Truck Body and Equipment Association, at your earliest convenience.
Best wishes,
Stan Haransky -- Associate Director
HUGHES TOOL COMPANY
June 6, 1973
Stan Haransky, Associate Director -- TBEA
RE: Follow-up on Hot Line Questions
Dear Mr. Haransky:
Question No.1:
Hughes Tool Company designs, builds, and mounts earth auger bodies on crane carriers. With the derrick mounted on the vehicle, the front axle weight and the total vehicle weight on some models exceeds the crane carrier's GAWR and GVWR. Removing the derrick produces weights well within the GAWR and GVWR. On such models we permanently mount a metal plate with the following inscription:
CAUTION
The GVWR and GAWR require that the derrick be removed before operating this vehicle upon a public highway.
If this statement is not followed by the vehicle owner, is he or this company likely to be penalized? If so, what would the penalty be?
Question No.2
Most boring operations with a truck-mounted earth auger are performed at the rear of the carrier. The spoil is removed from the boring tool by rotating it at high speed. Often rocks are thrown at the rear lights with sufficient force to break the lenses. To protect the lights during boring operations, a hinged cover is swung down to conceal the lights. When the vehicle is to be driven on a public road, the cover is secured in the open position to expose the lights.
It is obvious that the driver would be penalized for forgetting to open the covers before driving on a public road, but you can this company be penalized for providing this feature? If so, would you recommend that we place.(Illegible Word) sticker in the cab to remind the driver to open the covers?
Very truly yours,
Jim A Finley