Interpretation ID: nht68-1.9

DATE: 12/15/68

FROM: LAWRENCE SCHNEIDER FOR ROBERT M. O'MAHONEY--NHTSA

TO: Heath Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of November 13 with regard to the applicability of Federal motor vehicle safety standards to the GT-18 Trail Bike kit, and the "Boonie-Bike" assembled from it.

I am unable to tell from your letter the exact nature and use of the Boonie-Bike but I will assume that it is an off-the-road special purpose motorcycle designed for recreational use. Such a machine is a "motor vehicle" for purposes of the National Traffic and Motor Vehicle Safety Act of 1955 since, like a multipurpose passenger vehicle, it is equipped with special features for off-road use but is capable of being operated both on and off the public roads. Thus it is not correct to say that trail bikes have not been considered motor vehicles in the past. The interpretation to which you refer, incidentally, if it appears, will be directed toward the so-called "mini-bikes".

Accordingly, it is possible to confirm your understanding that:

". . . for the purposes of the National Traffic and Motor Vehicle Safety Act of 1966, Heath's responsibility is limited to insuring that any kit item which it supplies to which a Federal Safety Standard is directly applicable (i.e., only glazing materials at the present time) shall meet such Safety Standards, and inasmuch as Heath does not build the kits or perform the actual conversion, it is not a manufacturer of motor vehicles and consequently not responsible for the entire assembled product."

Since a Boonie-Bike is equipped with a "5-broke horse power Briggs and Stratton 4-cycle engine" it is sub-classified as a "motor-driven cycle" which is defined as "a motorcycle with a motor that produces 5-brake horsepower or less".

As you(Illegible Word) Federal Standard(Illegible Word) 103 will apply to motorcycles manufactured or assembled on or after January 1, 1969. Motorcycles are required to be manufactured with one white headlamp in accordance with SAE Standard J584 (Motorcycle and Motor Driven Cycle Headlamps). This SAE Standard allows a motor driven cycle to be assembled with either a single or multiple beam headlamp. Consequently a motor driven cycle assembled with a single beam headlamp is not subject to paragraphs S3.4.1 and S3.4.2 of Federal Standard No. 108 requiring provision of a headlamp beam switch and indicator.

I hope this answers your questions