Interpretation ID: nht93-1.18

DATE: January 25, 1993

FROM: Jeff Gerner -- Product Engineering Manager, Banner Welder, Inc., Environmental Recycling Equipment Division

TO: NHTSA, Office of Chief Counsel

TITLE: None

ATTACHMT: Attached to letter dated 4-26-93 from John Womack to Jeff Gerner (A41; VSA 102(3))

TEXT: After speaking to George Entwistle from OVSC of NHTSA, George recommended that I write your office to request a legal interpretation of Federal Motor Vehicle Standard 571.121 for BANNER's line of Mobile Machinery.

BANNER manufactures two (2) lines of mobile machinery, the Farwick American Mobile Trommel Screener and the Jenz American Mobile Shredder. The machines are designed to be used at compost sites (similar to a landfill environment) for processing yard waste. Some of these machines may be towed to the site and never moved from the site again. Others may be used to operate multiple sites, and will require daily or weekly transportation on Federal, State and local highways. In general, however, the machines are primarily off-road vehicles.

Upon reviewing 121, I have learned that mechanical emergency braking is a requirement of this standard. Utilizing a braking system of this type will prove to be extremely inconvenient for normal daily operation, which will require frequent moving of the machine. Typically these machines are moved at the compost site with front-end loaders. With a brake system of this type, this will not be possible. Instead a truck with an air brake system will be required at all times in order to move the machine.

Please review the enclosed literature and technical specifications and provide a response that states whether this machinery may be exempt from this standard.

In addition, please provide any references to standards that are applicable.

Please do not hesitate to call me if you have any questions.

Attached to brochures (Farwick Mobile Trommel Screens and Jenz American Mobile Shredder).

(Text and graphics omitted.)