Interpretation ID: nht76-3.40

DATE: 01/20/76

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Department of the Army

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your December 11, 1975, request for copies of the Federal laws relevant to the use of trucks as carriers for snowplows and spreader bodies.

The National Highway Traffic Safety Administration (NHTSA) primarily regulates the manufacture of motor vehicles and motor vehicle equipment pursuant to authority of the National Traffic and Motor Vehicle Safety Act of 1966. You requested copies of the Federal laws pertinent to the "use" of a particular motor vehicle, but standards or laws regulating use are promulgated by the jurisdiction in which a motor vehicle is registered or driven.

It might be noted, however, that motor vehicle safety standards are applicable to the installation of snowplows and spreader bodies on new trucks. For example, paragraph S4.3.1.1 of Motor Vehicle Safety Standard No. 108, Lamps, reflective devices, and associated equipment (49 CFR 571.108), specifies that if motor vehicle equipment, including snowplows, would otherwise prevent compliance with the Standard by any required lamp or reflective device, an auxiliary lamp or reflective device meeting the requirements of the Standard must be provided. Similarily, when a spreader body is installed on a chassicab, the completed trucks must comply with all applicable Federal standards.

The truck dealer or other person who installs motor vehicle equipment on a truck that is certified as being in compliance with motor vehicle safety standards, prior to first sale of the vehicle, is responsible for ensuring that the truck remains in conformity. Failure to do so would constitute a violation of section 108(a)(1) of the National Traffic and Motor Vehicle Safety Act, and subject the responsible party to the civil penalty provisions and other sanctions of the Act.

When a truck has been sold and is in "use", the Act prohibits a manufacturer, distributor, dealer, or repair business from making alterations that render inoperative any devices or elements of design installed in compliance with the Federal safety standards.

Please contact us if we can be of any further assistance.

YOURS TRULY,

DEPARTMENT OF THE ARMY U.S. ARMY COLD REGIONS RESEARCH AND ENGINEERING LABORATORY

DECEMBER 11, 1975

National Highway Traffic Safety Administration Department of Transportation

In a study of snow removal equipment technology we are making for an NSF RANN project we have need for the federal laws applying to use of trucks as carriers for snowplows and spreader bodies (as well as dump bodies). Please furnish us with copies of the relevant laws, or a list which can be used to obtain them from other sources.

Thank you.

L. DAVID MINSK Research Physical Scientist Applied Research Branch