Interpretation ID: 21359.ztv

Mr. Wayne L. Kruse
Murray, Inc.
P.O. Box 268
Brentwood, TN 37024-0268

Dear Mr. Kruse:

Thank you for your letter of February 29, 2000, informing us that you "are evaluating a product opportunity." You ask how we would classify this product under our regulations and "if it needs to comply with any FMVSS, CPSC or other Federal standards."

You identify your company as a "manufacturer of outdoor power equipment and recreational products." You identify the product in question as "an electric leisure mini scooter." The scooter "folds to compact size," and you envision it being bought "by RV campers and boat owners and used at places where passenger car use is not feasible." You also believe that "in some instances, it may be used in residential areas where traffic flow is restricted or controlled." The scooter is powered by an electric motor with "less than 2HP output," has a maximum speed of 15 mph, a range of 15 miles, and weighs 90 pounds.

The question we must answer is whether the electric leisure mini scooter is a "motor vehicle." If it is a "motor vehicle," it must comply with all applicable Federal motor vehicle safety standards (FMVSS). For purposes of compliance with the FMVSS, a motor vehicle is one that is "manufactured primarily for use on the public streets, roads, and highways" (49 U.S.C. 30101(a)(6)). Because you speak in terms of "evaluating a product opportunity," and printed literature already exists on the scooter, we surmise that Murray is not the manufacturer of the scooter but would be a dealer, in the sense that it would be purchasing the scooters for resale to its customers (the photocopy of the literature you enclosed contains no manufacturer name). However, it is the manufacturer's intended primary use that we must consider, and not the dealer's.

The product literature depicts the scooter on what appears to be a roadway in a wooded area. Further, you have stated that it may be used in residential areas subject to restricted or controlled traffic flow. We believe that the scooter is indistinguishable from a moped, which is an on- road vehicle that we have long interpreted to be a motor vehicle. The seated rider on the scooter appears to other traffic to be riding a moped. We also note that the low ground clearance of the central platform appears poorly suited to off-road use. These are sufficient indicia for us to conclude that the scooter has been manufactured primarily for on-road use.

For purposes of compliance with the FMVSS, a two or three-wheeled motor vehicle (the product literature also shows a three-wheeled scooter) is defined as a "motorcycle" and is required to comply with the FMVSS that apply to this vehicle type. Some of the motorcycle standards specify lesser performance requirements for "motor driven cycles." These are motorcycles with engines of 5 HP or less. Because the scooter has a motor of not more than 2 HP, it is eligible to meet the requirements that have been modified for motor driven cycles.

Under 49 U.S.C. 30112 and 30115, in addition to assuring that its product complies with all applicable FMVSS, a motor vehicle manufacturer must also affix a certification label to each vehicle. Pursuant to 49 U.S.C. 30112(a), Murray may not offer for sale, or sell, the electric leisure mini scooter unless the manufacturer has certified its compliance.

The product may also be required to comply with emission regulations of the Environmental Protection Agency. We are not conversant with their requirements for small vehicles such as the scooter.

If you have any questions, you may call Taylor Vinson of this Office (202-355-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
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