Interpretation ID: nht95-2.21

TYPE: INTERPRETATION-NHTSA

DATE: April 7, 1995

FROM: James M. Hanson -- Chairman Engineering Committee, Transportation Safety Equipment Institute

TO: Phillip R. Recht, Chief Counsel, NHTSA

TITLE: Subject: Request For Interpretation Of FMVSS-108 Paragraph S5.7

ATTACHMT: ATTACHED TO 4/26/95 LETTER FROM JOHN WOMACK TO JAMES M. HANSON (A43; STD. 108)

TEXT: The Transportation Safety Equipment Institute (TSEI) serves manufactures of OEM and aftermarket motor vehicle safety devices and associated equipment including retroreflective tape.

FMVSS-108 states in Table 1 that a trailer 80 inches or more in width shall have a conspicuity treatment meeting the requirements of paragraph S5.7. Paragraph S5.7 states "each trailer of 80 or more inches overall width, and with a GVWR over 10,000 poun ds, manufactured on or after December 1, 1993, . . . . shall be equipped with either retroreflective sheeting that meets . . . ." The word "and" in this paragraph could cause some trailer manufacturers to think that both conditions must be present before tape is required on the trailer. Some trailer manufacturers could interpret this to avoid applying tape in the following conditions:

1. A trailer of 80 inches or more in width weighing less than 10,000 pounds GVWR.

2. A trailer of less than 80 inches in width weighing more than 10,000 pounds GVWR.

TSEI believes that to assure maximum safety for the motoring public retroreflective tape should be applied to trailers that meet the following requirements:

a). A trailer of 80 inches or more in width and a GVWR of 10,000 pounds or more.

b). A trailer of 80 inches or more in width and a GVWR of less than 10,000 pounds.

c). A trailer of less than 80 inches in width and a GVWR of 10,000 pounds or more.

The TSEI would appreciate the NHTSA's interpretation and comments on this issue.