Interpretation ID: nht93-5.6

TYPE: Interpretation-NHTSA

DATE: July 2, 1993

FROM: Dave Beidleman -- Arizona Department of Transportation, Equipment Services

TO: Taylor Vinson -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7/29/93 from John Womack to Dave Beidleman (A41; Std. 108)

TEXT:

ADOT is in the process of having ten (10) dump trucks built for use within the Highways Division. We have encountered a problem with the placement of the rear identification lamps which, we hope, you can help solve. When the dump body on these units is raised, the rear cross sill comes in contact with the pintle hitch. The pintle hitch must remain positioned as is to properly mate with trailers in the fleet. The contractor has pre-punched holes for the identification lights in the rear cross sill of the dump body. We want to raise the center light of the 3-light identification light group by approximately 1-1/2 inches, and include a cut-out in the rear cross sill to provide necessary clearance at the pintle hitch when the dump body is raised. The outer lights of the 3-light identification light group cannot he raised due to the positioning of underbody tailgate release mechanism.

CFR 49 - 571.108(S5.3.1.1) states "...if motor vehicle equipment (e.g., mirrors, now plows, wrecker booms, hackhoes, and winches) prevents compliance with this paragraph by any required lamp or reflective devices, an auxiliary lamp or device meeting the requirements of this paragraph shall be provided." Can we proceed with this modification on this basis, without violating the requirements for identification lights established in FMVSS 108? (See attached drawing)

Drawing omitted. (Shows dump body - rear elect.)