Interpretation ID: nht94-4.28

TYPE: INTERPRETATION-NHTSA

DATE: September 15, 1994

FROM: Mary M. Mann -- Director, Federal Government Relations, National Marine Manufacturers Association; Medford Smith -- NMMA, Director of Technical Services; Gerald Wierstema -- President, Trailer Manufacturers Association

TO: Mr. Patrick Boyd -- NHTSA

TITLE: NONE

ATTACHMT: Attached to 1/11/95 letter from Philip R. Recht to Mary M. Mann (A43; Std. 108)

TEXT: Dear Mr. Boyd:

I want to thank you and Mr. Vincent for visiting with me and the other representatives of the National Marine Manufacturers Association (NMMA) regarding the NHTSA "Conspicuity Systems" requirements (49 C.F.R. @ 571.108 - S5.7) as they apply to certain large boat trailers, i.e., trailers over 80 inches in width and 10,000 pounds GVWR. I also want to ask for your written confirmation of the understandings we received during that meeting and to ask for your specific guidance on other issues of concern. The paragraph references below are to the numbered paragraphs in 49 C.F.R. @ 571.108 ("DOT 108").

As we explained during our meeting, boat trailers are of a unique design. They are built with a frame that V's forward to the center of the tongue. It is not unusual for this angled frame section to be nine to ten feet long on a trailer of 10,000 GVW R. In addition, such a trailer would have an axle and fender assembly (made up of a tandem or sometimes even a triple axle unit) that is moveable along the frame to compensate for the center of gravity of the boat being carried. The fender, which obscu res the frame behind it from view, is usually six to nine feet long. The rear of the trailer has a v-shaped cross member with little or no horizontal surface and is very low to the ground.

Side Treatment

1. Paragraph S5.7.1.4 prohibits white retroreflective sheeting material from being closer than 75mm to the edge of any lamp "that is required by these standards" [DOT 108] and further prohibits red retroreflective sheeting material from being closer than 75mm to the edge of any like required amber lamp. The clearance lamp required by paragraph S5.1.1.9 to be located "near or at the midpoint on each side [of the boat trailer] to indicate its extreme width" is usually located on the front corner of e ach fender to comply with the "midpoint" and "extreme width" requirements. As a result, when viewed from the side, the amber portion of that clearance light would appear next to a retroreflective sheeting material applied to the frame. We wish to confi rm that the 75mm spacing can be achieved by the width of the fender. In other words, if the side clearance amber light is located 75mm or more out from the frame on the fender, even though it would appear next to the sheeting when viewed from the horizo ntal, it would still be in compliance with paragraph S5.7.1.4.

2. Paragraph S5.7.1.4.2(a) requires that the sheeting cover at least half the length of the trailer and that it be distributed as evenly as practicable. We wish to confirm that the following applications would be acceptable for purposes of determinin g that one half of the trailer side is covered with sheeting under this requirement:

(a) The sheeting can be on the angled portion of the trailer that makes up the tongue regardless of its effect on the reflectivity of the tape when viewed from a right angle to the trailer's centerline.

(b) The sheeting need not all be on the same horizontal plane, e.g., it can be on the outside of the fenders or on the tongue even though the sheeting applied there would be at a different height from each other and from the sheeting applied to the fr ame.

Rear Treatment

1. Paragraph S5.7.1.4.1 (as amended) requires that "reflexive sheeting shall be applied to the rear of each trailer as follows, except that Element 2 is not required for container chassis or for platform trailers without bulkheads, and Element 3 is n ot required for trailers without underride protection devices". Please confirm that boat trailers that do not have bulkheads would be treated the same as similarly rigged platform trailers and hence would only have to comply with Element 1 under this par agraph.

2. Paragraph S5.7.1.4.1, Element 1 (as amended) requires a strip of sheeting as horizontal as practicable "across the full width of the trailer". Because there are mounting brackets attached to the cross member at the rear of the trailer, portions o f the frame that will have sheeting would be obscured from view. Please confirm that such mounting brackets will be treated as "items of equipment" or the like under Paragraph S5.7.1.4(a) and that sheeting across the full width of the cross member, even though partially obscured by the mounting brackets, would comply with Paragraph S5.7.1.4.1.

3. Referring further to Paragraph S5.7.1.4.1, Element 1, and the requirement that the strip of sheeting run across the full width of the trailer, please confirm that it would not be necessary to place a horizontal strip of sheeting on the rear of eac h fender assembly even though when viewed from the rear, the "full width of the trailer" would include the frame plus the two fenders. We understand that only the rear most portion of the frame need be considered for purposes of this requirement.

4. Paragraph S.5.7.1.4(b) and (c) govern the location of sheeting in relation to the trailer lamps. Please confirm that the edge of the red portion of the sheeting may abut a rear identification lamp but that the white portion of the sheeting must b e at lease 3mm from those lamps.

Please further confirm our understanding that it is not acceptable for trailer manufacturers to give rolls of reflexive sheeting tape and instructions to dealers regarding its application. Rather, the sheeting must be installed at the factory.

Thank you again for meeting with us. We appreciate your attitude that manufacturers should put the tape in the best location they have for it to be seen and that you are not trying to force a re-design of the boat trailers.