Interpretation ID: nht92-2.35

DATE: 11/11/92

FROM: DAVID KENNEDY -- W.Y. MOBERLY, INC.

TO: OFFICE OF CHIEF COUNSEL, NHTSA NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

ATTACHMT: ATTACHED TO LETTER DATED 12-10-92 FROM PAUL J. RICE TO DAVID KENNEDY (A40; STD. 120); ALSO ATTACHED TO LETTER DATED 12-30-82 FROM FRANK BERNDT TO KENNETH M. BUSH

TEXT: I am respectfully requesting an interpretation on a specific regulation that deals with Motorcycles and Other Three Wheeled Vehicles.

My client, Lehman Industries from Westlock Alberta Canada, manufactures a "Gold Wing Trike Conversion Kit". The "Kit" consists of a prefabricated fiberglass rear end assembly, complete with brakes, drums, brake lines, 15" tires and rims. The prefabricated fiberglass rear end assembly, is attached to a specific year of Honda Gold Wing Motorcycle. The rear end of the Honda Gold Wing motorcycle is taken apart, and my clients rear end assembly is attached in place of the existing one. When the rear end assembly is attached, certain modifications must be made, the drive shaft is removed, the entire rear wheel is taken off the seat, and all of the moulding etc. that was originally supplied with the Honda. In their place, my clients prefabricated rear end assembley is installed, by bolting, and changing the frame. Once the prefabricated rear end assembly is installed, a rear differential is installed as well, allowing the utilization of regular 15" automotive tires and rims. I have enclosed a picture of a completed "Trike" to show the automotive tires and rims.

Please note that my client in Canada only sells the kits, I have also enclosed a parts list for the "Kits" which shows all of the parts that are included to the purchaser. It is up to the purchaser to install the "Kit" onto the existing Honda Gold Wing. Leheman Industries normally do not do the installation. When Lehaman Industries do the installation they supply the purchaser with a "modified vehicle label" certifing that the modified vehicle conforms to all applicable Motor Vehicle Safety Standards in effect on the date of modification.

The "Kits" are shipped to the actual "end users" they are not shipped to a wholesale [Illegible Word] they are shipped in a disassembled condition, except the rims and tires are attached to the rear differential, and the prefabricated rear end assembly is attached to the differential. The rubber brake hose has the DOT certification on it, as prescribed by law, the tail light lenses have the DOT certification on it as prescribed by law, the 15" automotive tires of the DOT certification on it as prescribed by law, the rims however do not, as they are actually 15" automotive rims. They are not actual motorcycle rims. I understand that motorcycle rim have got to have the DOT certification on them, but in this circumstance, do these specific rims need it? I have enclosed a statement from Lehmans supplier of the wheels as well as a technical data sheet. I relize that it is mostly in German, I was unable to obtain one that in English.

Thank you for your attention in this matter, any clarification that you can give will be greatly appreciated. Lehaman Industries are waiting to continue shipping to their customers in the U.S. based on your reply. Please contact myself if you require any additional information.

ATTACHMENTS (PHOTOS, PARTS LIST AND STATEMENT OMITTED.)