OOSC, Part II, Item 2. Cargo Securement, m. Automobiles, Light Trucks and Vans - Wheel Lifts

Continued confusion ref. securement of towed vehicles, whether in a drive away tow away (DATA) operation or not, utilizing a wheel lift mechanism, with either the front or rear wheels attached to the wheel lift and the other set resting on the ground, and the applicable enforcement sections for said operations. Issue Request #12-003-VEH & #13-001-VEH both state that vehicles being towed in a DATA operation, utilizing a wheel lift mechanism, are not subject to Part 393, Subpart I because they are not “cargo”. However, a carrier was recently cited for violation of 393.128(b)(3) for no straps over the front wheels of a vehicle being towed in a DATA operation, utilizing a wheel lift. Through the DataQ process, I was informed that the 393.128 violation will stand, because the wheel lift is not a tow bar by definition and 393.128 was the section that covered the required cargo securement. If this is the case, then every vehicle being towed using a wheel lift, is automatically in violation of 393.128, because there is no way to secure the front and rear separately, as required by 393.128(b)(1). The DataQ response further indicated that the decision was based, in part, on information received from CVSA and FMCSA.

There continues to be a need for uniformity in regulatory utilization with regards to vehicles being towed, whether as DATA or not, using a wheel lift configuration.

Since FMCSA seems to have a changed view as to what a "wheel lift mechanism" is (tow bar or not a tow bar), a request for official interpretation and or rule making to better define what a "wheel lift" is and where if falls within the regulations, for enforcement and securement purposes. In my opinion, if meeting the definition of a DATA operation, then it would fall within 393.71. If not meeting the definition of DATA, then if would fall within general cargo securement, 393.100 - 393.114 and more specifically 393.102 and not 393.128.