OOSC Compliance Interpretation for Towed Forklifts

Consideration and determination of compliance with CVSA out of service criteria is: Does a forklift that is towed behind a vehicle (tow bar equipped) with operational brakes on the drive axle but not factory equipped with any brake components on the steering axle legal when being towed? Consideration would also be appreciated of the fact that such units are not considered commercial vehicles. Legal interpretations are very different from officer to officer and evern further apart with industry interpretations.

This issue is placing forklift units of ten thousand pounds and greater in an out of service condition in the southern Arizona areas. The officers have required the unit to be trailered or towed by heavy duty wrecker from the contact point. The officers are citing various federal regulations for the reason the forklift unit is required to have brakes on the steering axle. If the combination is considered part of a five axle unit and you add the additional two axles for the forklift, you have seven axles and CVSA out of service of twenty percent doesn't apply. If the unit doesn't have a VIN number or PIN number or a trailer licence. Is this unit governed by CVSA out of service criteria? Consideration for the committee should be that the manufacturers don't have retrofit capability or that the units aren't equipped at the factory with brake components on the steering axle. Costs to the industry for moving this unit either by trailer or tow truck will increase costs to a larger segment of the construction business as well as production time issues.

An interpretation that explains in the out of service criteria that such unit is either in compliance or not so that enforcement and industry people can enforce and comply with the criteria.