Interpretation ID: nht74-2.19

DATE: 10/22/74

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Truck Trailer Manufacturers Assoc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of September 4, 1974, in which you ask several questions regarding the possible manufacture of semitrailers designed to transport people. You state the semitrailers would be pulled by conventional tractors, would have air-operated bus-type side doors, a rear door for emergency exit, seats, handrails for passengers who stand, and windows that open and close. Communication between the passenger compartment and driver would be limited to a horn that the driver can blow and a blinking red light operable by either a passenger or the driver. You ask whether this type of vehicle is legal, whether it is legal to transport passengers in this fashion, and what specific requirements would be required to be built into the trailer.

We would consider the vehicles in question to be trailers under the Motor Vehicle Safety Standards, and consequently subject to the standards applicable to trailers. These standards are Standard No. 108, "Lamps, reflective devices, and associated equipment," Standard No. 106, "Brake hoses" (eff. as to trailers on September 1, 1975), and Standard No. 121, "Air brake systems" (eff. as to trailers on January 1, 1975), at this time. The trailers would, of course, have to be certified as conforming to all applicable standards, in accordance with the Certification Regulations (49 CFR Parts 567, 568).

Many States prohibit the transportation of passengers in trailers, and as a consequence NHTSA requirements for crashworthiness and occupant protection have not been made applicable to trailers. These requirements include those for restraint and seating systems, glazing materials, head restraints, and emergency exits. Whether or not State laws prohibiting the transportation of passengers in trailers would apply to semitrailers of this type would depend upon each State's interpretation of its law, and that information should be obtained from the various states. However, should it become a commonly permitted practice for persons to be transported in trailers, this agency would very likely expand its occupant protection and crashworthiness requirements through rulemaking to apply to these vehicles.

The transportation in interstate commerce of passengers for hire also falls within the regulatory authority of the Bureau of Motor Carrier Safety, in the Federal Highway Administration. We have forwarded your letter to that agency, requesting that it respond directly to you regarding the effect of regulations it administers on vehicles of this type.

Yours truly,

ATTACH.

Truck Trailer Manufacturers Association

September 4, 1974

James B. Gregory -- National Highway Traffic Safety Administration, Department of Transportation

Dear Dr. Gregory:

A member company is currently evaluating the possibility of manufacturing semitrailers which are detachable from the tractor, that are specifically designed to transport people or personnel. These trailers would be pulled over the Federal highways and would be pulled by a detachable conventional tractor. The trailers would be more or less conventional construction with the following basic specifications:

(1) The trailer would have an air operated bus type side door operated off the tractor air brake system.

(2) The trailer would have a rear door for emergency exit that could be operated from the inside.

(3) The trailer would be equipped with seats and handrails for those passengers standing up.

(4) The trailer would be equipped with windows that could be opened and closed.

(5) There would be no communication between the passenger compartment and driver compartment other than a horn that the driver can blow and a blinking red light that can be operated from either the interior of the trailer or the interior of the tractor.

Specifically, is this type of vehicle legal or is it legal to haul passengers over the highway with a detachable semitrailer of this type, and if it is legal what are the specific requirements that have to be built into the trailer?

We would appreciate receiving your thoughts on this matter.

Sincerely yours,

Burt Weller -- Engineering Manager