Interpretation ID: nht95-7.9

TYPE: INTERPRETATION-NHTSA

DATE: October 1, 1995 EST

FROM: Adam Englund -- Electric Bicycle Company, LLC

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: Request for Interpretation

ATTACHMT: 1/19/96 letter from Samuel J. Dubbin to Adam Englund (A44; Std. 108; Std. 116; Std. 119; Std. 120; Std. 122)

TEXT: The Electric Bicycle Company, LLC, 3601 Empire Avenue, Burbank CA, 91505 (hereinafter, "EBC") is a limited liability company organized under the laws of the State of Nevada. EBC hereby requests an interpretation with respect to certain Federal Motor Vehicle Safety Standards for the EV Warrior, an electric/human-powered bicycle to be manufactured by EBC.

Confidentiality

Certain portions of this document contain confidential information and trade secrets related to our product and marketing strategy. We have carefully calculated our market position. Based on that market analysis, we spent a great deal of time, money and effort to develop the EV Warrior. As we are about to launch our initial production run, we are aware that other electric bicycles are also entering the market. Our insistence on compliance with FMVSS sets us apart from our competitors. As such, the very existence, and certainly the content of this Request for Interpretation is confidential and constitutes trade secrets.

We seek an interpretation of certain Federal Motor Vehicle Safety Standards with respect to the electric bicycle that we are about to manufacture.

CONFIDENTIAL

[The EV Warrior is essentially a multi-speed bicycle with attached electric motors that drive the rear wheel through a friction drive wheel against the rear tire. The transmissions of each power source - human and electric - are entirely separate. Whereas the bicycle employs six speed derailleur shifting, the electric motor powers the rear wheel through a single drive wheel on a roller clutch against the tire. The EV Warrior employs many standard bicycle components, including wheels, tires, cantilever or optional hydraulic disc bicycle brakes, "Grip Shift" gear shifters, cranks and pedals

The power pack is integrated into the chassis of the cycle and is not intended to be removed, especially by the consumer. However, were the electric assist motor to be removed, the device would still function fully as a bicycle. (Without the assist motor, the EV Warrior's equipment would be regulated under 16 CFR 512 by the Consumer Products Safety Commission - as a bicycle.)

Using the electric motor alone, the EV Warrior is capable of traveling approximately 15 miles at 12 m.p.h. Its maximum speed is under 25 m.p.h. Even with pedaling, it is difficult to push the bike beyond 25 m.p.h. Its total weight is approximately 85 lbs. Separate service brake systems operate the front and rear brakes, respectively.]

A. License Plate Attachment

CONFIDENTIAL

[We would like you to confirm our understanding that marine grade hook-and-loop material is an acceptable method of attaching the license plates. In my conversation with Luke Loy, NHTSA Safety Compliance Engineer, he advised me that since the FMVSS are silent on this issue, such attachment is acceptable.]

B. Adjustability of Headlight Beam, Standard No. 108 Table III, "Headlamps"

This Standard specifies the applicable SAE Recommended Practice for "Headlamp Mountings", SAE J566, Jan. 60. It recommends that:

"Headlamps and headlamp mountings shall be so designed and constructed that:

1. The axis of the light beams may be adjusted to the left, right, up, or down from the designed setting, the amount of adjustability to be determined by practical operating conditions and the type of equipment."

CONFIDENTIAL

One primary rationale for beam adjustability is to compensate for changes in a vehicles suspension system. However, the EV Warrior has no springs or shocks. Rather, it uses a fixed frame and fork. In our experience, bicycle headlamps are continually knocked out of alignment. So, we have designed the headlamp to be secured such that the aim will not be disturbed under ordinary conditions of service [per SAE J566, Jan. 60, par.]

We request an interpretation that the practical operating conditions for a motor driven cycle, whose top speed is under 25 mph and whose operation will correlate to a normal bicycle, dictate that its headlamp (which meets all other headlamp requirements) need not be adjustable.

C. Hydraulic system biodegradable synthetic oil. Standard No. 116, "Motor vehicle brake fluids".

CONFIDENTIAL

[Our basic model EV Warrior employs mechanically activated wire cable "cantilever" brakes, front and rear. However, we currently offer a "standard option" hydraulic front disc brake. This brake, made by Sachs of Germany, is far superior to virtually any cantilever brake. It offers excellent braking power; simplicity in set-up, maintenance and operation; reliability; and fine modulation.

The Sachs hydraulic brake uses a green colored biodegradable synthetic oil, Shell Naturelle HF-E 15, that is not in contact with any elastomeric components made of styrene and butadiene rubber (SBR), ethylene and propylene rubber (EPR), polychloroprene (CR) brake hose inner tube stock or natural rubber (NR)."] Standard No. 116, S4. states that:

"Brake fluid means a liquid designed for use in a motor vehicle hydraulic brake system in which it will contact elastomeric components made of styrene and butadiene rubber (SBR), ethylene and propylene rubber (EPR), polychloroprene (CR) brake hose inner tube stock or natural rubber (NR).",

and,

"Hydraulic system mineral oil means a mineral-oil-based fluid designed for use in motor vehicle hydraulic brake systems in which the fluid is not in contact with components made of SBR, EPR or NR."

The synthetic oil employed by the Sachs system is neither a "Brake fluid" because it is not in contact with any components made of SBR, EPR, CR or NR, nor is it an "Hydraulic system mineral oil" as it is not petroleum based.

"S5. Requirements This section specifies performance requirements for DOT 3, DOT 4 and DOT 5 brake fluids; requirements for brake fluid certification; and requirements for container sealing, labeling and color coding for brake fluids and hydraulic system mineral oils . . ."

CONFIDENTIAL

[The standard sets out the requirements for "brake fluid" and other requirements for "hydraulic system mineral oil. However, there are no requirements under S5. for fluids that do not fall within either of these definitions. EBC seeks an interpretation that, by omission, there are no requirements under FMVSS 116 for the hydraulic system biodegradable synthetic oil as used in the Sachs hydraulic brake system.]

D. Hydraulic Service Brake System Standard No. 122, "Motorcycle brake systems", S5.1.2

CONFIDENTIAL

[The Sachs brake differs from traditional hydraulic systems in that it is a closed system that employs a simple actuator instead of a master cylinder with a reservoir. In open systems, to compensate for brake pad wear, the master cylinder system requires a reservoir. However, the Sachs brake compensates for brake pad wear through a simple screw adjustment in the brake lever. This is an excellent system that is commensurate with the weight and simplicity of our electric bicycle. It is, in fact, much easier to adjust than any cable type bicycle brake.]

Standard No. 122, S5.1.2 Hydraulic service brake systems, requires that:

"Each motorcycle equipped with a hydraulic brake system shall have the equipment specified in S5.1.2.1 and S5.1.2.2."

S5.1.2.1 States that:

"Each master cylinder shall have a separate reservoir for each brake circuit, with each reservoir filler opening having its own cover, seal and cover retention device . . ." (emphasis added) CONFIDENTIAL

[Since the Sachs hydraulic system employs no master cylinders, a simple calculation bears out the premise that when there is no master cylinder, the number of master cylinder reservoirs required is zero.

Alternatively, this standard seems to assume that an hydraulic brake system requires a master cylinder reservoir for its proper operation and does not contemplate an actuator system. We request an alternate interpretation that this standard applies to an open system that requires a reservoir, but not to a closed, actuator system as employed by the EV Warrior. The reservoir serves no purpose in a closed system.

If your interpretation agrees with ours, that a reservoir is not required, then we hope you will also agree that, a fortiori, labeling requirements of S5.1.2.2, for a non-existent reservoir would also not be required.]

E. Tire requirements, Standard No. 119, "Pneumatic tires for vehicles other than passenger cars", S6. Requirements.

CONFIDENTIAL

[The EV Warrior's electric motor will propel the vehicle at no more than 25 m.p.h. (40 k.p.h.). Consequently, the maximum speed of the EV Warrior is about the same as a regular bicycle - and considerably slower than racing cyclists. Even when the motor is operating at near peak efficiency (and hence reduced speed), the batteries will last no more than 15 miles (24 kilometers) or 1.5 hours. Unlike an internal combustion engine whose fuel tank can be filled in seconds, the EV Warrior generally takes over-night, or at best, a couple of hours to re-charge. Thus there is necessarily a period between each 1-1/2 hour trip when the tires will cool down. It is literally impossible for the EV Warrior to obtain the speeds, or travel anywhere near the non-stop distances contemplated by Standard No. 119]

Standard No. 119, S7.2 Endurance test procedures, require the test for motorcycle tires to be performed at a speed of 55 m.p.h. (90 k.p.h.) for 47 hours.

Standard No. 119, S7.4 High speed performance test procedures, requires testing at speeds of 50 m.p.h. (80 k.p.h.) for two hours, 75 m.p.h. (121 k.p.h.) for 30 minutes, 80 m.p.h. (129 k.p.h.) for 30 minutes and 85 m.p.h. (137 k.p.h.) for 30 minutes.

CONFIDENTIAL

Clearly, these standards are inappropriate for a low-speed, short range electric bicycle such as the EV Warrior. It is not germane whether the EV Warrior's tire/rim combination remains undamaged at 55 mph, because the vehicle can never attain that speed. Similarly, the performance characteristics of the tires and rims after 47 hours is not apropos because the, vehicle cannot be operated continuously for that duration. Because it must be recharged after 1.5 hours for 30 minutes to 8 hours (thereby allowing the tires to cool), such a continuous-use endurance test is meaningless. As such, we request an interpretation that, Standard No. 119 cannot reasonably be applied to such a low speed, short range vehicle as the EV Warrior.

We at EBC have joined together to produce an entirely new form of transportation. Children are first introduced to transportation with bicycles. Electric bicycles will allow the smoothest and most natural transition from bikes to electric vehicles. As the first mass marketed electric vehicle, the EV Warrior vehicle will introduce an entire generation to electric vehicles and hasten the electric transportation revolution.