Interpretation ID: aiam3562

Dear: This is in reply to your letter of March 23, 1982, asking for 'confidential interpretation' of the applicability of certain Federal motor vehicle safety standards to sidecars.; The agency does not provide 'confidential interpretations.' You questions are of public interest and a copy of this letter will be placed in the interpretations file that is available for public review. However, because it relates to 'specific future model product plans,' we are deleting your name and address from the copy of our response made available to the public.; You first ask for confirmation of your understanding that no Federa motor vehicle safety standard is applicable to a sidecar 'sold independently as an aftermarket item.' It is true that there are no 'sidecar' standards. But certain of its equipment items are themselves covered by Federal equipment standards and must independently comply. Specifically, brake hoses, lighting equipment, tires and glazing (if provided) would have to meet Standards Nos. 106, 108, 119, and 205 as they apply to motorcycle equipment. In addition, because a sidecar is an item of motor vehicle equipment, the manufacturer of any sidecar sold in the aftermarket would be responsible for notification and remedy in the event his product was determined to contain a safety-related defect.; You have presented the hypothetical situation of a motorcycle supplie to a retail dealership with the sidecar attached by the manufacturer and asked whether it is considered to be a three-wheeled motorcycle or a two-wheeled motorcycle with an attachment of motor vehicle equipment. You point out that the former interpretation raises questions of practicability of compliance with the standards.; The definition of a motorcycle encompasses both two- and three-wheele vehicles, and we believe that the questions you have raised subsequently with respect to Standards Nos. 108, 119, 120, and 122 should be answered on a common sense basis. For lighting equipment on the front and rear of a motorcycle the vertical center line of a motorcycle with sidecar attached is the vertical center line of the two-wheeled motorcycle. However, the side reflex reflector should be placed on both the motorcycle and the sidecar. Standards Nos. 119 and 120 must be met by the motorcycle with the sidecar attached. In addition, a motorcycle whose original equipment includes a sidecar must meet Standard No. 122 with the sidecar attached. If a motorcycle with sidecar is capable of meeting Standard No. 122 without the sidecar being equipped with a brake, then the sidecar need not have a brake.; I hope this answers your questions. Sincerely, Frank Berndt, Chief Counsel