Interpretation ID: aiam2432
210 East 73rd Street
New York
New York 10021;
Dear Mr. Gaines: This is in response to your letter of August 3, 1976, requestin information concerning National Highway Traffic Safety Administration (NHTSA) regulation of motor-driven cycles (moped) and in amplification of the telephone conversation between you and Mr. Schwartz of this office. We are sorry for the delay in our response, but your letter was misdirected.; The NHTSA has authority to regulate mopeds under two statutes. th National Traffic and Motor Vehicle safety Act (15 U.S.C. 11381, et seq.) authorizes the NHTSA to establish Federal motor vehicle safety standards that apply to motor vehicles. Section 102(5) (15 U.S.C. 1391(5)) of the Act defines a 'manufacturer' of a motor vehicle to include 'any person importing motor vehicles or motor vehicle equipment for resale.' In those instances where the foreign manufacturer itself has not complied, the importer would therefore be responsible for the compliance of the vehicle with Federal motor vehicle safety standards, and with the requirements imposed on manufacturers.; The principal standards and regulations applying to the manufacture an sale of motorcycles, of which the motor-driven cycle is a subcategory, can be found in the following sections of the Code of Federal Regulations:; >>>49 CFR Part 551 - Procedural Rules 49 CFR Part 566 - Manufacturer Identification 49 CFR Part 567 - Certification 49 CFR 571.106 - Standard No. 106-74, Brake hoses 49 CFR 571.108 - Standard No. 108, Lamps, reflective devices, an associated equipment; 49 CFR 571.112 - Standard No. 112, Headlamp concealment devices 49 CFR 571.116 - Standard No. 116, Motor vehicle brake fluids 49 CFR 119 - Standard No. 119, New Pneumatic tires for vehicles othe than passenger cars; 49 CFR 571.122 - Standard No. 122, Motorcycle brake systems 49 CFR 571.123 - Standard No. 123, Motorcycle controls and displays 49 CFR 571.205 - Standard No. 205, Glazing materials 49 CFR Part 573 - Defective Reports 49 CFR Part 574 - Tire Identification and Record Keeping 49 CFR Part 575 - Consumer Information Regulation 49 CFR Part 576 - Record Retention 49 CFR Part 577 - Defect Notification<<< Generally, a moped must meet requirements which apply to motorcycle except when a provision of a standard sets forth a lesser requirement for motor-driven cycles. Currently, these lesser requirements are found in Federal Motor Vehicles Safety Standard Nos. 108, 122, and 123 (49 CFR 571.108, 571.122, and 571.123).; The NHTSA also has the authority to regulate the operation of moped under the provision of the Highway Safety Act (23 U.S.C. 401, et seq.). This legislation provides that each State shall have a highway Safety program designed to reduce traffic accidents and deaths, injuries, and property damage resulting therefrom. Each State program shall be in accordance with uniform standards promulgated by the NHTSA. The NHTSA has not yet used its authority to issue standards regulating moped licensing, inspection, insurance, or other highway safety program areas related to moped operation and use. Many States, however, have established their own requirements.; The NHTSA on November 28, 1975, published a notice in the *Federa Register* requesting comments from the public concerning the safety aspects of motorized bicycles. We are currently reviewing the comments which have been submitted, but have reached no decision to initiate rulemaking or to issue a directive to regulate mopeds in the highway safety program area. No hearings have been held relative to mopeds, but the written comments to the docket are available at a cost of 25 cents for the first page and 5 cents for each page thereafter. Information may be obtained by writing to:; >>>Docket Section National Highway Traffic Safety Administration Room 5108 400 Seventh Street, SW Washington, D.C. 20590<<< and referring to Docket Number 75-29. I trust this information is helpful. Should you have further questions please do not hesitate to contact me.; Sincerely, Frank Berndt, Acting Chief Counsel