Interpretation ID: aiam3273
President
WOW! Corporation
200 West 58th Street
New York
NY 10019;
Dear Mr. Fondiller: This responds to your March 18, 1980, letter to this agency in whic you posed some questions about a 3-wheeled vehicle your company plans to produce. First, you wanted to know if a 3-wheeled vehicle would be classified as a car, a motorcycle, or some other vehicle. Second, you asked if the vehicle could be licensed for street and/or highway use. Third, you asked if replacing the single rear wheel with a double rear wheel would result in the vehicle being classified as a 3- wheel or 4-wheel vehicle, and what effect, if any, classification as a 4-wheel vehicle would have on the answers given to the first two questions.; This agency classifies all 3-wheeled motor vehicles as motorcycles pursuant to the definition of 'motorcycle' given in 49 CFR S 571.3. The pertinent part of that section reads:; >>>'Motorcycle' means a motor vehicle with motive power having a sea or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.<<<; We determine the number of wheels on a vehicle simply by counting thos wheels. Hence, if you were to replace the single rear wheel with a double rear wheel, the vehicle would then be a 4-wheeled vehicle and could not be classified as a motorcycle. Such a vehicle would be classified as a passenger car.; The classification of a vehicle is important since it affects th Federal motor vehicle safety standards with which the vehicle must comply If a vehicle is a motorcycle, it must comply with the following safety standards: 108, 111, 112, 115, 120, 122, 123, and 127. If, on the other hand, a vehicle is a passenger car, it must comply with the following standards: 101, 103, 104, 107, 108, 110, 111, 112, 113, 114, 115, 118, 124, 127, 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212, 214, 216, 219, and 302. As you see, the requirements for passenger cars are more stringent than for motorcycles.; I have enclosed a pamphlet prepared by this agency which gives a brie summary of the requirements of each of the Federal motor vehicle safety standards. However, because of the volume of these standards, we do not provide copies directly. I have also enclosed an information sheet which explains how you can obtain copies of our standards and other regulations.; This agency does not license any vehicles for street or highway use. W specify performance requirements, and any motor vehicle must be certified by its manufacturer as being in compliance with all applicable safety standards as of the date of its manufacture. If the vehicle complies with these requirements, we specify no further steps which must be taken.; If you have any further questions concerning motor vehicle safety o need further information, please do not hesitate to contact me.; Sincerely, Frank Berndt, Chief Counsel