Interpretation ID: aiam2330
Nims Sportsman
225 Main Street
Ames
IA
50010;
Dear Mr. Nims: This will confirm your telephone conversation of June 23, 1976, wit Mr. Vinson of this office concerning the preemptive effect of the Federal motor vehicle safety standards with respect to moped turn signals.; The Federal standards are issued pursuant to Title 15, United State Code, Section 1392(a). Judging that a multiplicity of State and Federal vehicle safety standards would constitute a burden on interstate commerce, Congress also enacted Section 1392(d), which prohibits a State from establishing or continuing in effect a vehicle safety standard that differs from a Federal safety standard covering the same aspect of vehicle performance. For example, Federal Motor Vehicle Safety Standard No. 108 contains requirements for motorcycle headlamp performance. Therefore, if a State has a standard on motorcycle headlamp performance it must be identical to the Federal one, and may not impose either greater or lesser requirements. On the other hand, there is no Federal standard for fog lamps, and a State may set whatever requirements it deems appropriate for fog lamps.; How does preemption apply to moped turn signals? Under the Federa standards, a moped is categorized as a 'motorcycle' since it is 'a motor vehicle. . .having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.' (Title 49, Code of Federal Regulations, Section 571.3(b)). For some purposes a moped is considered a 'motor-driven cycle' which is 'a motorcycle with a motor that produces 5-brake horsepower or less.' Standard No. 108 requires motorcycles manufactured on or after January 1, 1973, to be equipped with turn signal lamps. However, in recognition of the limited ability of low-powered motorcycles, Standard No. 108 was amended effective October 14, 1974, to add paragraph S4.1.1.26 which states that 'A motor- driven cycle whose speed attainable in 1 mile is 30 mph or less need not be equipped with turn signal lamps.' Pursuant to Section 1392(d) this means that a State can validly require a moped to be equipped with turn signal lamps in only two instances: If the moped were manufactured between January 1, 1973 and October 14, 1974, or if it were manufactured on or after October 14, 1974, and has a top speed exceeding 30 mph.; I hope this clarifies the matter for you. Sincerely, Frank A. Berndt, Acting Chief Counsel