Interpretation ID: aiam2049
Esq.
Messrs. Friedman
Medalie
Ochs and Jacks
1700 Pennsylvania Avenue
N.W.
Washington
DC 20006;
Dear Mr. Fink: This is in reply to your letter of September 3, 1975, concernin Federal preemption of State motor vehicle safety standards. You ask for confirmation that there is no Federal requirement for turn signal lamps or a dual beam headlamp on a motor-driven cycle whose maximum speed does not exceed 30 mph, and that a State is preempted from requiring such items of equipment on these vehicles.; As you noted, 15 U.S.C. 1392(d) provides that where a Federal moto vehicle safety standard is in effect, a State may not establish or maintain in effect a different standard that covers the same aspect of performance as the Federal standard. Federal Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment* (49 CFR 571.108), establishes the Federal requirements for motorcycle lighting. All motorcycles manufactured between January 1, 1973, and October 14, 1974, were required to be equipped with turn signal lamps. However, effective October 14, 1974, a motorcycle with 5 horsepower or less whose top speed does not exceed 30 mph need not be manufactured with turn signal lamps as required lighting equipment (S4.1.1.26 of Standard No. 108). Any motorcycle with 5 horsepower or less manufactured on or after January 1, 1969, may be equipped with either a single or multiple beam headlamp (Table III, Standard No. 108, incorporating by reference SAE Standard J584, *Motorcycle and Motor Driven Cycle Headlamps*, April 1964. See Table 1 of J584). This means, pursuant to 15 U.S.C. 1392(d), that a State is preempted from requiring a motorcycle with 5 horsepower or less to be equipped with a multiple beam headlamp if its manufacturer has equipped it with a single beam one. It also means that, if a motorcycle with 5 horsepower or less whose speed does not exceed 30 mph is not equipped with turn signal lamps, a State may not require them.; I hope you will find this of assistance to your clients, Steyr Daimler-Puch, A. G., and Bombardier, Ltd.; Sincerely, Frank Berndt, Acting Chief Counsel