Applicability of 393.86(b) to a straight truck when the cab and chassis has been modified to include a beam which extends beyond 24” and is greater than 30” from the ground. These straight trucks are becoming increasingly more common and there is some discrepancy roadside if these modifications meet the requirement of 393.86 and would exclude a truck from a CVSA decal as this is a critical inspection item.

There is a straight truck modification becoming increasingly more common where a body is mounted to a cab and chassis with a fixed winching system. This modification generally has a flat deck cargo area with an open frame structure above it. This structure houses a winching system with a centralized beam running lengthwise and extending beyond the rear of the vehicle sometimes up to 12’ from the rear lower impact guard area. This extension allows the winch to pick up an item from the deck and carry it off the rear to be lowered similar to a flat deck with a rotating crane attached to it. These extensions are fixed, generally not retractable or foldable and are a permanent part of the vehicle.

While these vehicles do generally have rear impact protection at the rear of the wheels (lighting area) for passenger vehicle, this beam modification does not provide underride protection for buses and large trucks (see attached photos). When applying 393.86 (b) this upper beam meets all conditions in 393.86 to require rear impact guard protection. The issue is that some inspectors are citing 393.86(b) and some are not. This is creating confusion for the carriers using these trucks and lacks the standardization of enforcement that CVSA strives to achieve.

I am seeking guidance when conducting a level I inspection on these vehicles, with regards to operational policy V critical inspection items rear-impact guards. Would a vehicle built with this winch extension or another similar modification extending from the rear, be required a rear impact guard? If yes, then these vehicles would not qualify for a CVSA decal due to missing rear impact guard on the upper portion. In the attached photos you will see an example on a semi trailer where the vehicle has rear impact guard near the wheels but also has a added structure (roll off container frame) which has an additional rear impact guard for that portion. While I understand the challenges this would have for these carriers to comply with the regulation, there are alternative options for these vehicles to be in compliance and still meet the requirements of 393.86. Traditionally flatbed trucks that needed an onboard mechanism to remove cargo utilized a mounded rotation crane. The winch extensions could be made to retract or fold in on itself.

It was determined that a petition should be submitted to FMCSA to include these types of vehicles into 393.87 to require them to have some sort of light/flag, etc. on the rearmost part of the added device or equipment. This issue will remain open to receive reports on the petition status.