Interpretation ID: aiam5377
"Dear CONFIDENTIAL : This responds to your request for a interpretation of Federal Motor Vehicle Safety Standard No. 123, Motorcycle controls and displays. You asked whether footnote 4 of Table 3 of the standard applies to a motorcycle speedometer using a digital display. As explained below, the answer is no. In your letter, you requested that information identifying your company be kept confidential. As explained in the March 25, 1994 letter to you from Heidi L. Coleman, Acting Assistant Chief Counsel for General Law, when confidential treatment is claimed for material submitted to the National Highway Traffic Safety Administration (NHTSA), our confidentiality regulation, 49 C.F.R. 512, requires the submission of a certification stating that the submitter has made a diligent inquiry to ascertain that the information submitted has not been disclosed, or otherwise made public (49 C.F.R. 512.4(e)) and other supporting information (49 C.F.R. 512.4(b)). However, in order to expedite our response to you, I will waive the requirement of the certification contained in 49 C.F.R. 512. Under S5.2.3 of Standard No. 123, if a speedometer is provided, the item shall be identified by 'wording shown in both Column 2 and Column 4' of Table 3 of the standard. Column 4 of Table 3 specifies that a speedometer shall be identified by 'M.P.H.' You believe your speedometer meets this requirement. However, you ask whether footnote 4 of Column 4 applies to a digital display speedometer. Footnote 4 states: M.P.H. increase in a clockwise direction. Major graduations and numerals appear at 10 mph intervals, minor graduations at the 5 mph intervals. The answer to your question is no. Digital displays were not common in 1972, when the footnote 4 specifications were published. The original Standard No. 123 drafters had in mind only dial display speedometers. For these reasons, we interpret the specifications in footnote 4 of Column 4 not to apply to digital display speedometers on motorcycles that provide a reading of numeric vehicle speed. I hope that this information is useful. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";