The Ghost Trailer Is Never In The NHTSA/DOT System
I am getting ready to submit my comments to the first draft of the ICC standard called ICC/THIA Design, Construction And Regulation Of Small Residential Units And Tiny Houses For Permanent Occupancy and I have a lot to say about the Transportation section that is promoting a trailer and asking for an exception to any compliance requirements that is never in the NHTSA/DOT system, does not have a VIN number, it is not labeled, or certified by the manufacturer, is not titled, and is essentially a ‘Ghost Trailer’.
I do not support the Small Residential Unit ( SRU), A made up term that no one uses that places a tiny house, a codified term in the IRC as a subcategory under the SRU, a 1200 square foot house with or without a chassis.
Summary
I am objecting to the exception in Chapter 7, Section 701.1 of the ICC/THIA 1215 standard, which allows an “independent carrier system” to transport Small Residential Units (SRUs) without compliance with federal motor-vehicle safety requirements.
This provision effectively removes this type of chassis from the NHTSA and DOT safety and registration system, creating what I call a ‘Ghost Trailer-‘ a carrier system that acts as a temporary chassis with no VIN, no certification labels, and no FMVSS compliance.
For more than fifty years this loophole has enabled untraceable, untaxed, not properly insured trailers to operate on public highways outside of federal oversight with all the liability on the transporter. By institutionalizing this exception, ICC 1215 legitimizes an illegal practice, undermines federal safety law, invites tax evasion, and poses a direct risk to public safety.
The Disservice to Builders
This scheme profoundly harms honest builders who are being misled and deprived of critical education about the legitimate path to federal compliance. Instead of being instructed to obtain proper VINs, certification labels, and FMVSS compliance, they are funneled into ICC’s pay-to-play system, where their work is labeled as “compliant” without ever meeting federal law. This not only places the builder in potential legal jeopardy but also undermines their credibility and liability protections, exposing them to lawsuits, recalls, and loss of consumer trust. ICC’s approach robs builders of their right to accurate information and transparent guidance — effectively weaponizing confusion for profit.
Conflict of Interest and Corruption of Process
Equally disturbing is that the very building officials who approved this misleading language are voting members of the ICC 1215 committee. These officials are sworn to uphold lawful standards and public safety — yet they have endorsed a document that circumvents federal law and misrepresents authority. Their dual role as both regulators and ICC participants constitutes a clear conflict of interest, violating the principles of fair, open, and balanced standard development. This is not a neutral technical standard — it is a political and commercial power grab cloaked in procedural legitimacy.
The Broader Consequences
Through ICC/THIA 1215, the ICC is:
Usurping federal regulatory authority reserved for NHTSA and DOT under Title 49;
Misleading builders and consumers into believing they are compliant under law;
Creating a private monopoly where compliance is contingent on purchasing ICC standards;
Compromising safety and traceability by eliminating federally mandated VINs and Data Plates; and
Allowing conflicted officials to legislate through committees, blurring the line between enforcement and profit.
This is not a matter of interpretation — it is a direct violation of federal jurisdiction, due process, and ethical governance. ICC’s actions attempt to rewrite federal law through private certification, eroding both builder rights and public trust in the regulatory system that protects all road-going vehicles and consumers.
Janet Thome President
Tiny House Alliance USA
janet@tinyhouseallianceusa.org