Interpretation ID: nht94-3.59

TYPE: INTERPRETATION-NHTSA

DATE: July 5, 1994

FROM: Unrath, Albert W., Sr. -- President, Construction Consultant, Albert W. Unrath, Inc.

TO: Womack, John -- Acting Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: Attached To A Letter Dated 10/11/94 From Philip R. Recht To Albert W. Unrath, Sr. (A42; PART 567)

TEXT: We spoke with Dorhy Nakama of your office on June 23, 1994 and again on Tuesday, June 28, 1994. She was very helpful in obtaining information that will allow us to re-classify our Traffic Control Attenuator vehicles. In following the fax of June 28, 19 94 we will attempt to highlight the paragraphs that we believe applies to our specific operations regarding the remanufacturing process. We will supply a brief description of this process as well as describe the vehicles and show pictures.

I. We manufacture between 15 to 18 vehicles per year. Below are photographs of our completed Traffic Control Attenuating vehicles which are totally dedicated to this use.

A) 1977 Chevy Titan, COE, Tandem Axle, 6 cyl. Diesel Engine, 9 spd Transmission, Road Tractor. Combined GVW 80,000# or Single GVW 45,000#. Photo #1 (page 3) shows in the transport/travel mode.

(1) During Remanufacturing:

(a) Truck 5th Wheel or body is removed and scraped.

(b) All air lines and brake systems used in the trailer towing operation are removed and lines are plugged. (will not be needed or reused)

(c) All Sub-frame, brakes, remaining brake lines, engine drive line, rear suspension, and axles are checked. Any items needing repair are repaired and/or replaced.

(d) Steering systems and shocks are checked and are repaired or replaced if needed.

(e) Frame and all running gear is cleaned, prime painted, and finish painted.

(f) A new support frame and truck mounted Attenuator mounting hardware with braces is then installed.

(g) A new Pre-cast concrete counter weight is installed that will bring the completed vehicle to its new GVW of +/- 25,500# and not to exceed 25,999#.

(h) New rear lighting, heavy duty safety lights, and reflectors are then installed in accordance with Federal Motor Vehicle Safety Standards.

(i) A new Advanced Warning Flashing Arrow (4' x 8') sign is installed along with (3) 4D batteries or (6) Deep cycle batteries, a solar battery charging system, and a electronic controller inside the truck cab are installed.

(j) Final installation of Vehicle Attenuation cushion and lift/tilt hydraulics.

(k) Unit is painted if required and then placed in service (lease/purchase) or sold.

(B) 1979 Peterbilt same as Titan except shows Vehicle Attenuating Device in highway operation mode. Photo #2 (page 3)

II. Under 49 CFR ChV (10-1-93 Edition) on (Page 172), we fall within subparagraph (e) combining New and Used components manufacturing; and part of (f) Combining New and Used components in trailer manufacturing (1) & (2).

III. In your letter to John Paul Barber, Esq. (Copy attached) we find that our situation is similar. However, our truck with an original GVW of 45,000# or 80,000# when the unit was constructed. All that we require to meet state specifications is (20,0 00# to 24,000# GVW)

All these vehicles are subject to sales and use taxes if rented, leased or sold and amount is subject to total value.

IV. We are requesting that if you review our re-manufacturing operation as we described along with the photographs we would request that you issue us a ruling similar to those of the other letters. We will, if approved, supply the new Supplementary Vin Plate showing Mfg. Name, Date of Mfg., Vehicle Make and Model, Original Mfg. Vin Number, and NEW Actual GVW. This plate will be attached below the original Vin Plate.

Photo #1 1977 CHEVY TITAN.

[PHOTOGRAPH OMITTED - SEE ORIGINAL SOURCE]

Photo #2 1979 Peterbilt

[PHOTOGRAPH OMITTED - SEE ORIGINAL SOURCE]

If you should have any questions on any of these items please call us or fax the request.