Is conspicuity treatment required on a straight truck?

From an NTEA member A customer received a ticket for not having reflective conspicuity treatment on their straight truck. Is this correct? We believe the requirement was only for trailers and semi-tractors. Also, how should we proceed when customers want us to install conspicuity treatment on their straight trucks? No, the red and white reflective tape or reflectors known as conspicuity treatment are not required on straight truck and your customer should not have received the ticket. There are no conspicuity tape requirements under the lighting standard for straight trucks. There may be confusion about the conspicuity tape requirements for semi-tractors and trailers. Federal Motor Vehicle Safety Standard (FMVSS) 108 includes the requirements for conspicuity treatments (for manufacturers of new truck-tractors, trailers and semi-trailers) and is only applicable to trailers 80 inches or more in overall length with a gross vehicle weight rating (GVWR) greater than 10,000 pounds manufactured on or after Dec. 1, 1993, and truck-tractors manufactured on or after July 1, 1997. The location requirements for conspicuity requirements for truck-tractors and trailers can be found in Section 5.7, Conspicuity Systems, of FMVSS 108: Lamps, Reflective Devices and Associated Equipment. Often referred to as the “lighting standard,” it is one of the many performance standards contained in Title 49 (Transportation) Code of Federal Regulations (CFR) Part 571 – Federal Motor Vehicle Safety Standards. FMVSS are minimum performance standards to which all motor vehicles manufactured for use on public highways must comply. These standards are issued and maintained by the National Highway Traffic Safety Administration (NHTSA). NHTSA (nhtsa.dot.gov) is one of the many agencies under the Department of Transportation (DOT) umbrella. Another agency under the DOT umbrella is the Federal Motor Carrier Safety Administration (FMCSA), which is responsible for development, revision and enforcement of the Federal Motor Carrier Safety Regulations (FMCSR). The FMCSRs apply to commercial motor vehicle operators in interstate commerce and include regulations for commercial driver’s license (CDL) and equipment requirements, such as those found in 49 CFR Part 393 – Parts and Accessories Necessary for Safe Operation. In other words, NHTSA standards and regulations are the responsibility of motor vehicle manufacturers, and FMCSRs are the responsibility of motor carriers (end users). If a customer wants you to install conspicuity treatment on a straight truck, it is allowed as long as it does not interfere with required lighting in FMVSS 108, Section 6.2.1, which states, “No additional lamp, reflective device or other motor vehicle equipment shall be installed that impairs the effectiveness of lighting equipment required by this standard.” We suggest you follow the requirements in Section 8.2 of FMVSS 108 for location and reflective material requirements. Section 8.2 has specific requirements about distance from lamps and other obstructions, including rivet heads, door hinges, lamp bodies, body joints, stiffening beads, drip rails and rolled surface on the body. NHTSA has always maintained the more visible a vehicle is the better, but if a customer requests that you install the conspicuity treatment, do so to the requirements in Section 8.2, especially paying attention to the items in Section 8.2.1.5 and 8.2.1.6. Remember, this is an optional item under FMVSS 108 for a straight truck, so quote the job accordingly. If one of your customers receives a ticket for failure to have conspicuity treatment for their straight truck, they should reference these sections of FMVSS 108 as part of fighting a citation as evidence that the regulation only applies to tractors, trailers and semi-trailers. If you have additional questions about conspicuity treatment, contact NTEA’s Technical Services Department (800-441-6832/info@ntea.com) for help.

Is conspicuity treatment required on a straight truck?

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