Interpretation ID: nht90-4.95

TYPE: Interpretation-NHTSA

DATE: December 24, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Stanley S. Zinner -- Greene & Zinner, P.C.

TITLE: Re FMVSS No. 123

ATTACHMT: Attached to letter dated 12-4-90 to Paul Jackson Rice from Stanley S. Zinner (OCC 5479); Also attached to letter dated 2-16-82 to Brian Gill from Frank Berndt (Std. 123); Also attached to letter dated 10-26-73 to Brian Gill from Richard B. Dyso n

TEXT:

This is in reply to your FAX letter of December 4, 1990, requesting an interpretation of section S5.2.4 of 49 CFR 571.123 Motor Vehicle Safety Standard No. 123 Motorcycle Controls and Displays. Specifically, you wish an opinion "as to the meaning, purpo se, and intent" of that section.

Section S5.2.4 Stands states that "A stand shall fold rearward and upward if it contacts the ground when the motorcycle is moving forward." As Taylor Vinson of this office explained to you, this requirement was one of the original provisions in Standard No. 123 when it became effective in 1974. However, unlike many other requirements in the standard, it was both proposed and adopted without any discussion of its meaning, purpose, and intent in the preambles to both these rulemaking actions other than the bare remark that the notices contained a requirement for stands. Furthermore, in the 16 years that the requirement has been in effect, the agency does not appear to have issued a single legal opinion relating to section S5.2.4.

However, the agency has issued two interpretations of section S5.2.5 which we believe are relevant to an understanding of S5.2.4. In pertinent part, S5.2.5 Footrests states that "Each footrest for a passenger other than an operator shall fold rearward a nd upward when not in use." In a letter of February 16, 1982, to American Honda Motor Co., Inc., with respect to a proposed footboard design, the then chief counsel commented that "We consider that the purpose of S5.2.5 is to prevent accidents caused by rigid footrests contacting the ground in a banking turn." In a letter of October 26, 1973, also to American Honda, the then Assistant Chief Counsel commented that S5.2.5 did not require automatic folding but only the direction in which the footrests sh all retract "so that if they are inadvertently left down when not in use they will fold rearward and upward should they hit an obstacle while the motorcycle is travelling forward." I enclose a copy of each of these letters for your information.

The meaning of S5.2.4 is, we believe, clear and unambiguous: if a stand is left down, it shall fold rearward and upward if it contacts the ground (which includes the roadway) while the motorcycle is moving forward. Because both sections S5.2.4 and S5.2.5 require motorcycle equipment "to fold rearward and upward", we further believe that the purpose and intent of both sections are the same, and that S5.2.4 could be substituted for S5.2.5 in the sentences of the two letters quoted in the preceding paragra ph.

I hope that this is responsive to your request.