Interpretation ID: nht95-2.54

TYPE: INTERPRETATION-NHTSA

DATE: April 26, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

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

TITLE: NONE

ATTACHMT: ATTACHED TO 4/7/95 LETTER FROM JAMES M. HANSON TO PHILLIP RECHT

TEXT: Dear Mr. Hanson:

This replies to your letter of April 7, 1995, asking for an interpretation of the applicability requirements of paragraph S5.7 of Motor Vehicle Safety Standard No. 108.

The conspicuity requirements of S5.7 apply to "each trailer of 80 or more inches overall width and with a GVWR over 10,000 lbs." You state that the word "and" in this paragraph "could cause some trailer manufacturers to think that both conditions must be present before tape is applied on the trailer", and that some manufacturers could interpret this to avoid applying tape to trailers of the specified width but less than the specified GVWR and vice versa.

We have no objection to a manufacturer's applying conspicuity treatment to trailers of any width or GVWR. However, as S5.7 clearly states, a manufacturer is not required to comply with the conspicuity requirements unless its trailer is at least 80 inche s in overall width and has a GVWR over 10,000 pounds.

If you desire further clarification on this matter, you may call Taylor Vinson of this Office (202-366-5263).