Interpretation ID: nht95-2.35

TYPE: INTERPRETATION-NHTSA

DATE: April 10, 1995

FROM: Terrence S. Lockman -- Legal Investigator; Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell

TO: Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 8/2/95 LETTER FROM JOHN WOMACK TO TERRENCE LOCKMAN (REDBOOK 2 VSA 102 (3))

TEXT: Dir Sir and/or Madam:

I am currently conducting an investigation involving a 1981 Versa Sweeper, manufactured by Terrain King, Sequin, Texas.

While conducting research it has become difficult to determine exactly how this vehicle would have been classified, for the purpose of applying applicable standards. I hereby request this formal inquiry.

The "Versa Sweeper" vehicle is considered to be a road/highway sweeper and/or power broom. At the time in question, the vehicle was being used in a construction zone, to sweep debris off the roadway.

I hereby submit the following inquiries:

1. For the model year, 1981, how would NHTSA had defined the Terrain King "Versa Sweeper"?

2. Under the applied NHTSA definition, for the 1981 Terrain King "Versa Sweeper", what regulations and/or standards would had applied to the manufacturing of the sweeper?

3. Did those applied regulations require the implementation of an occupant restraint system or rollover protection? If not, what is the respective date of application for implementation of those standards?

In addition to the above, I submit the following request(s) and inquiries in accordance with the Freedom of Information Act:

4. Request production of any and all correspondence and/or documentation in which the U. S. Department of Transportation, NHTSA, or an agent thereof possess regarding inquiries made by the designer and/or manufacturer, W. F. Larson Company, Amarillo, Te xas and Terrain King, regarding the manufacturing and production of the "Versa Sweeper" and all applicable standards?

A. What was the definition of use and/or application provided to the designer/manufacturer?

B. Based on the definition supplied to the designer/manufacturer, what were the Federal standards for which they were required to meet, as provided by the NHTSA?

C. At the time this product was manufactured, was this vehicle required to be equipped with an occupant restraint system and/or rollover protection?

5. Request production of any and all correspondence and/or documentation in which the U. S. Department of Transportation, NHTSA, or an agent thereof possess regarding inquiries made by a designer and/or manufacturer of a street sweeper, power broom, and /or street broom regarding the required and applicable standards?

For your review, I have enclosed copies of photographs of the "Versa Sweeper" in question. This vehicle is equipped with headlights. Ironically, however, this vehicle is not equipped with tail lights or a brake warning device.

I greatly appreciate your time and efforts towards responding to my inquiries. If you have any questions or require additional information, please contact me by calling (904) 435-7065. I look forward to receiving your response.

Enclosure VERSA SWEEPER BROCHURE (OMITTED)