Interpretation ID: nht93-7.28

DATE: October 19, 1993

FROM: Donald W. Vierimaa -- Vice President-Engineering, Truck Trailer Manufacturers Association

TO: John Womack -- Acting Chief Counsel, NHTSA

COPYEE: Tank Conference Engineering Committee; TTMA Engineering Committee; Retroreflective and Reflector Devices Associates

TITLE: Conspicuity

ATTACHMT: Attached to letter dated 11/22/93 from John Womack to Donald W. Vierimaa (A41; Std. 108)

TEXT:

Often a new tank trailer will be sold to a customer who will contract with another party to have a lining installed in the tank. High heat is used to apply this lining. After the lining is installed, the tank trailer is painted. After the tank is painted, conspicuity treatment is applied. The high heat used in the installation of the lining precludes the application of paint and retroreflective sheeting to the tank before the lining is installed.

In addition, non-tank trailers may be sold without conspicuity treatment when the owner wishes to contract the application of special paint and logo schemes.

49 CFR 568.3 defines an incomplete vehicle as one "that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle."

Is a trailer manufactured after December 1, 1993 and sold without the conspicuity treatment required in FMVSS 108 an incomplete vehicle? If you consider such a trailer to be a completed vehicle, does NHTSA require that the manufacturer furnish the owner with (1) retroreflective sheeting or reflex reflectors complying with FMVSS 108, (2) instructions as to where on the trailer the conspicuity treatment should be installed, and/or (3) instructions on preparing the surface for the application of the conspicuity treatment? Should conspicuity treatment installed by the owner be deemed to be not in compliance with S5.7 of FMVSS 108, is the owner solely responsible for the violation and for bringing the trailer into compliance?

If NHTSA determines that the installation of conspicuity treatment is a readily attachable component and therefore a complete vehicle, can the manufacturer certify that "This vehicle conforms to all applicable Federal motor vehicle safety standards in effect on the date of manufacture shown above" if the trailer is not furnished with the conspicuity treatment required by FMVSS 108?