Interpretation ID: nht81-1.12

DATE: 02/09/81

FROM: DONALD W. VIERIMAA -- DIRECTOR OF ENGINEERING TRUCK TRAILER MANUFACTURERS ASSOCIATION

TO: FRANK BERNDT -- CHIEF COUNSEL NHTSA

TITLE: EXCLUSION OF THE TOWBAR OF A PERMANENT TRAILER DOLLY FROM THE FMVSS 108 LENGTH CRITERIA

ATTACHMT: ATTACHED TO LETTER DATED 03/10/81, FROM FRANK BERNDT -- NHTSA TO DONALD W. VIERIMAA, NOA 30, REDBOOK A22, STANDARD 108; LETTER DATED 04/04/73 FROM RICHARD B. DYSON -- NHTSA TO PAUL K. WILSON

TEXT: Dear Mr. Berndt:

S4.1.1.3 of FMVSS 108, which does not require intermediate side marker devices on vehicles less that 30 feet long, was interpreted by your office in 1973 as excluding converter dollies and their integral towbars from the overall length determination. Although in our industry, converter dollies, permanent dollies, and their towbars are often indistinguishable in utility, appearance, and length, neither the 1973 letter from the Chief Counsel's Office nor wording in FMVSS 108 specifically excludes permanent dolly towbars from the 30 foot overall length determination. However, S4.3.1.3 of FMVSS 108 does state that "On a trailer, the amber front side marker reflectors and amber front side marker lamps may be located as far forward as practicable exclusive of the trailer tongue." (emphasis added). This language would appear to exclude the towbar from the length determination.

Since permanent and converter dolly towbars are similar in utility and appearance and since lamps need not be located on the towbar in any case, we request your concurrance that both should be excluded from the overall length determination.

Sincerely yours,

ENCLS