Interpretation ID: 1985-04.44

TYPE: INTERPRETATION-NHTSA

DATE: 12/19/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Thomas C. Bielinski, Esq.

TITLE: FMVSS INTERPRETATION

TEXT:

Thomas C. Bielinski, Esq. 33 N. Dearborn Street Suite 1530 Chicago, IL 60602

Re: Bartlett v. Wards

The National Transportation Safety Board has forwarded to us for reply your letter of August 29, 1985, asking for information on standards and other regulations regarding the design and manufacture of mopeds.

This agency, the National Highway Traffic Safety Administration, issues the Federal Motor Vehicle Safety Standards which all motor vehicles must meet upon manufacture and initial sale. "Moped" is not a defined vehicle category under the safety standards but the defined category of "motorcycle" covers all two-wheeled vehicles such as mopeds. These standards will be found at Title 49 Code of Federal Regulations Part 571 and the applicability section of each standard (either paragraph S2 or S3) will tell you whether it applies to "motorcycles". Standards have been adopted for motorcycle brake hoses, (571.106), lighting, (571.108), mirrors (571.111), vehicle identification number (571.115 and Part 565), brake fluids (571.116), tires (571.119), rims (571.120), braking systems (571.122), controls and displays (571.123) and glazing (571.205). Manufacturers must certify compliance with all applicable Federal motor vehicle safety standards (Part 567).

You will find that sections of some of these standards impose a lesser degree of performance upon "motor-driven cycles". These are motorcycles producing 5 horsepower or less, and thus include most mopeds of which we are aware.

The individual States are not preempted from having their own standards for area of performance not covered by Federal standards (for covered areas, however, State standards must be identical), and you may also wish to examine the laws of the jurisdiction in which the moped in your case was licensed or being operated.

A manufacturer is required to file an information statement with the agency within 30 days of commencing production (Part 566). If a vehicle fails to conform to a safety standard or contains a safety related defect, its manufacturer must notify the agency, owners, and dealers, and remedy the problem (Part 573 and 577).

I hope that this information is useful to you.

Sincerely,

Erika Z. Jones Chief Counsel

August 29, 1985

National Transportation Safety Board 2300 E. Devon Des Plaines, Illinois

RE: Bartlett vs. Wards

To Whom It May Concern:

Could You Please provide the undersigned with any rules, standards, or regulations concerning the design and manufacture of mopeds.

Please bill me for any costs involved.

Thanking you for your cooperation, I remain,

Very truly yours,

Thomas C. Bielinski

TCB/dm