Mr. John W. Cook
Dir. Materials Mgmt/Product Development
Pace American, Inc.
11550 Harter Drive
Middlebury, IN 48540

Dear Mr. Cook:

This responds to your FAX of August 12, 1996, asking for "a clear definition in inches of the term 'as practicable' especially as it would apply to clearance lights." You explain that you have fenders that attach to the side of your trailers in widths that vary from 2 to 11 inches. You have asked whether it is acceptable for the clearance lamps "to be within 6-8" from the outer most part of the trailer including fenders."

We appreciate your expressed desire to be in conformance with Standard No. 108. This standard employs practicability language in a number of its location requirements in order to afford a manufacturer maximum flexibility in designing its trailer. This flexibility would be lacking were the agency to require clearance lamp location within a specific range such as "within three inches from the top of the vehicle." Thus, the question a trailer manufacturer must determine is whether its location is as practicable as possible given the design of the trailer, where a requirement is expressed in terms of practicability. It is the enforcement policy of this agency not to contest a manufacturer's determination unless it is clearly erroneous.

You have asked a specific question about the location of rear clearance lamps. Table II of Standard No. 108 requires them "to indicate the overall width of the vehicle. . . and [to be located] as near the top thereof as practicable." Please note that it is the vertical location of the rear clearance lamps that is expressed in terms of practicability, and that the horizontal location is expressed only as a general requirement to indicate overall width. Paragraph S5.3.1.4 provides an exception to the vertical mounting requirement: "[w]hen the rear identification lamps are mounted at the extreme height of a vehicle, rear clearance lamps need not meet the requirement of Table II that they be located as close as practicable to the top of the vehicle." Thus, when rear clearance lamps are mounted on a fender, as you wish to do, the question is not whether this is a practicable location, but whether it is a location that indicates the overall width of the vehicle.

The meaning of the term "overall width" is clarified in Note (1) to Standard No. 108 (which follows Table IV in the CFR text):

(1) The term "overall width" refers to the nominal design dimension of the widest part of the vehicle, exclusive of signal lamps, marker lamps, outside rearview mirrors, flexible fender extensions, and mud flaps, determined with doors and windows closed, and the wheels in the straight-ahead position.

In our judgment, locating a clearance lamp within 6 to 8 inches of the outermost edges of a trailer that is 80 or more inches in overall width does not indicate "overall width" within the meaning of Standard No. 108.

If you have any further questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

Sincerely,

John Womack

Acting Chief Counsel

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