Interpretation ID: 19211.ztv

Mr. Malcolm R. Currie
President and CEO
Currie Technologies Inc.
7011 Hayvenhurst Ave.,Unit A,
Van Nuys, CA 91406

Dear Mr. Currie:

This is in reply to your letter of November 27, 1998, with respect to an interpretation this Office furnished Gary Starr on May 22, 1998.

With reference to electric bicycles, this letter stated that

"If the pedal assist system will not operate on its own in the absence of muscular effort (after it may have been started by muscular power), the bicycle on which it is installed will not be deemed to be a 'motor vehicle.'"

You interpret this statement to mean:

"If the electric motor can only be activated by muscular power, (i.e., by pedaling the bicycle to a certain minimum speed), and the motor, once activated by muscular power, can continue to drive the bicycle even if the rider then stops pedaling (i.e., stops exerting muscular power), then the vehicle is still not deemed to be a 'motor vehicle.'"

This is an incorrect interpretation. If the motor, once activated by muscular power, can continue to drive the vehicle in the absence of muscular power, the vehicle is considered to be a "motor vehicle" since, without the input of muscular power, the vehicle is entirely "driven by mechanical power" with the meaning of the statutory definition of a "motor vehicle" (49 U.S.C. 30102(a)(6)). Our letter of May 22, says, in effect, that a vehicle is not a "motor vehicle" if, in the absence of muscular power, mechanical power alone is insufficient to drive it.

If you have further questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:571
d.1/14/99