Interpretation ID: nht90-4.74

TYPE: Interpretation-NHTSA

DATE: December 4, 1990

FROM: Stanley S. Zinner -- Greene & Zinner P.C.

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: Re FMVSS Standard No. 123

ATTACHMT: Attached to letter dated 12-24-90 to Stanley S. Zinner from Paul Jackson Rice (A37; Std. 123); Also attached to letter dated 2-16-82 to Brian Gill from Frank Berndt (Std. 123); Also attached to letter dated 10-26-73 to Brian Gill from Richard B . Dyson

TEXT:

At the suggestion of Taylor Vincent, we are respectfully requesting information concerning 49 CFR Section 571.123, S5.2.4 which provides:

Stands. A stand shall fold rearward and up-ward if it contacts the ground when the motorcycle is moving forward. We are requesting that your office issue an opinion as to the meaning, purpose and intent underlying the above cited Safety Standard. The reason for this request is that our office presently represents the estate of Jack Stein in a products liability ac tion against U.S. Suzuki Motor Corporation and Suzuki Motor Company Ltd. Dr. Stein was killed on June 2, 1988 and we contend that the motorcycle was defective and defectively designed because the sidestand failed to retract from the deployed (down) posi tion when it came into contact with the surface of the roadway as Dr. Stein's motorcycle moved forward at a moderate rate of speed around a left hand curve in the road. In consequence of the failure to retract, the sidestand prevented Dr. Stein from neg otiating the left curve of the roadway and forced him off the road into a fatal crash.

In light of the foregoing, we are requesting issuance of an opinion concerning the meaning, purpose and intent behind Safety Standard 123. In this fashion we can submit your response to Federal District Court Judge Kevin T. Duffy within the time frame f ixed by the court in its pre-trial order. The court has indicated a trial will be held shortly. Accordingly, given the press of time it would be greatly appreciated if your response could be issued within two weeks. To expedite matters I am transmitti ng this request via facsimile transmission.

If there is anything further that you require, please do not hesitate to contact me by telephone. In the meantime, awaiting your reply, I remain respectfully yours.