Interpretation ID: nht81-1.27
DATE: 03/05/81
FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA
TO: Toler & Associates
TITLE: FMVSR INTERPRETATION
TEXT:
March 5 1981
NOA-30
Mr. Bob Toler, Jr. Toler & Associates P.O. Box 43117 Birmingham, Alabama 35243
Dear Mr. Toler:
This responds to your letter of January 5, 1981, requesting information about Federal regulations which apply to Ready-Mix Concrete Trailers with a GVWR of 5,000 pounds and a Dico #6 drop surge actuator hydraulic brake system.
The National Highway Traffic Safety Administration issues safety standards for "motor vehicles." A trailer is generally considered to be a "motor vehicle" if the manufacturer expects that it will use public highways as part of its intended function. We have enclosed a pamphlet prepared by the agency which more fully discusses the meaning of "motor vehicle."
Mr. Bloom has informed this office that in discussing with you the applicability of Federal motor vehicle safety standards, he meant only to indicate that Safety Standard No. 105, Hydraulic Brake Systems, does not apply to trailers. The following safety standards issued by this agency do apply to trailers: Safety Standard No. 106, Brake Hoses; No. 108, Lamps, Reflective Devices, and Associated Equipment; No. 115, Vehicle Identification Number; No. 116, Motor Vehicle Brake Fluids; No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars; No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars; and No. 121, Air Brake Systems. The air brake standard would not, of course, apply to a hydraulic braked trailer.
A manufacturer of a trailer is required to certify the compliance of the trailer to these Federal safety standards. Part 566 of our regulations, Manufacturer Identification (49 CFR 566), specifies information which must be submitted to the NHTSA by manufacturers of motor vehicles, including trailers. Part 567, Certification (49 CFR 567), specifies the content of the certification label or tag that must be attached to motor vehicles regulated by our standards.
We have enclosed a pamphlet prepared by the agency which gives a brief summary of the requirements and applicability of each of the Federal motor vehicle safety standards (issued as of August 1978). However, because of the volume of these standards, we do not provide copies directly. We have enclosed an information sheet which explains how you can obtain up-to-date copies of our standards and other regulations.
In addition to our regulations, you may also wish to check the applicability of safety regulations issued by the Bureau of Motor Carrier Safety. Unlike our regulations, which apply to all motor vehicles, Bureau of Motor Carrier Safety regulations essentially only apply to vehicles used in interstate commerce. For example, if a customer plans to use one of your trailers for work in more than one State, the trailer should meet Bureau of Motor Carrier Safety regulations. For more information about the applicability and content of these regulations, we suggest that you write the Bureau of Motor Carrier Safety at the following address:
Bureau of Motor Carrier Safety Federal Highway Administration 400 7th Street, S.W. Washington, D.C. 20590
Sincerely,
Frank Berndt Chief Counsel
Enclosures
January 5, 1981
NHTSA Office of Chief Counsel 400-7th Street SW Washington, D. C. 20590
Re: Federal Regulations Regarding Concrete Trailers with Brakes Hydraulic
Gentlemen:
On December 28, 1980, I talked to Vern Bloom with the Department of Transportation in Washington, D. C. regarding the above reference.
We are in the process of manufacturing Ready-Mix Concrete Trailers with a GVWR of 5,000 pounds and a Dico #6 drop surge actuator hydraulic brake system. Mr. Bloom said D.O.T. had no regulations on the above trailer.
To insure we manufacture according to regulations please send a letter regarding verification of no regulations or regulations we need to comply with.
Your prompt attention and reply is appreciated.
Sincerely,
Bob Toler, Jr.
BT,jr./bt