Interpretation ID: 18577.drn

Lawrence A. Beyer, Esq.
674 Lake Road
Webster, NY 14580

Dear Mr. Beyer:

This responds to your request for an interpretation whether Standard No. 122, Motorcycle Brake Systems permits a motorcycle to meet the stopping distance requirements of S5.3 and S7.8.1 through means other than hydraulic or air service braking systems. The answer to your question is yes, the motorcycle must meet the stopping distance requirements, but Standard No. 122 does not specify the particular braking system that must be used.

In your letter, you explained that your client, S-Lemma Inc. is in the process of certifying an electric motorcycle, the S-LEM Active. You state that the S-LEM Active meets the braking requirements by means of a hydraulic system and an electro-magnetic based regenerative braking system. You note that since electro-magnetic braking systems are not mentioned in Standard No. 122, your client is concerned that even if the S-LEM meets the stopping distance requirements of S5.3 and S7.8.1, the National Highway Traffic Safety Administration (NHTSA) will not recognize the compliance of a motorcycle with Standard No. 122 through means other than hydraulic or air service braking systems.

In Standard No. 122, S1. Scope, states: "This standard specifies performance requirements for motorcycle brake systems." Required equipment is specified at S5.1 which states: "Each motorcycle shall have either a split service brake system or two independently actuated service brake systems."

NHTSA interprets these provisions to require at least two independently actuated service brake systems that will independently meet the stopping distance requirements of S5.3 and S7.8.1. Since nothing in the standard specifies that each service brake system is limited to hydraulic or air service braking systems, the regenerative braking system is permitted, as long as it can, independently of the hydraulic system, meet the stopping distance requirements.

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:122
d.11/20/98