Interpretation ID: ELECBIKEZTV
Electric Bicycle Company, LLC
3601 Empire Avenue
Burbank, CA 91505
Dear Mr. Englund:
This responds to an undated letter of yours which we received on October 2, 1995. Initially, you requested interpretations of Federal Motor Vehicle Safety Standards (FMVSSs) Nos. 108, 116, 119, and 122 as they apply to the "EV Warrior," "an electric/human-powered bicycle" which your company intends to manufacture. Subsequently, on December 12, 1995, you informed Taylor Vinson of this Office by FAX that your company (1) had resolved its problems that would have raised questions with respect to Standards Nos. 108 and 119, and (2) only needed answers to its questions concerning Standards Nos. 116 and 122.
The EV Warrior comes within the definition of "motorcycle" for purposes of the FMVSSs. Occasionally, the FMVSSs prescribe lesser requirements for a subset of motorcycles with 5 or less horsepower, known as motor driven cycles. Although electric motors are not rated by horsepower, the size of the EV Warrior is consistent with that of a motor driven cycle. Accordingly, we believe that it is appropriate to consider it as such for purposes of the FMVSS.
The following issues remain:
1. FMVSS No. 116, Motor vehicle brake fluids.
You stated that the EV Warrior is equipped with a hydraulic disc brake that uses a green colored biodegradable synthetic oil, known as "Shell Naturelle HF-E 15." You further stated that this oil "is not in contact with any elastomeric components made of styrene and butadiene rubber (SBR), ethylene and propylene rubber (EPR), polychloroprene (CR) brake hose inner tube stock or natural rubber (NR)."
Your letter discusses the definitions for "brake fluid" and "hydraulic system mineral oil," argues that your fluid is neither, and concludes that there are no requirements under FMVSS No. 116 for the hydraulic system biodegradable synthetic oil used in the EV Warrior's hydraulic brake system.
Although we agree that the synthetic oil does not fall within either of those definitions in FMVSS No. 116, the implication of this fact is not that the use of the synthetic oil is unregulated by the standard. FMVSS No. 116 specifies the types of fluids that may be used in the braking systems of motor vehicles. Section S3, Application, states that FMVSS No. 116 "applies to all fluid for use in hydraulic brake systems of motor vehicles." (emphasis added). Section S5.3 requires each motor vehicle that has a hydraulic brake system to "be equipped with fluid that has been manufactured and packaged in conformity with the requirements of this standard." Since the synthetic oil cannot be manufactured in conformity with the standard, the EV Warrior would not comply with FMVSS No. 116 if its brake system used the oil you have described.
You informed this office that fluid conforming to FMVSS No. 116 may be incompatible with the seals currently specified for use in the EV Warrior's brake system. However, our technical analysis suggests that it might be relatively simple and inexpensive to fabricate seals from materials that are compatible with conforming brake fluids, thus allowing the EV Warrior to be equipped with fluid conforming to FMVSS No. 116 and to comply with S5.3 of the standard.
2. FMVSS No. 122, Motorcycle brake systems.
You stated that the EV Warrior will have a hydraulic brake system with no master cylinder reservoirs. You contend that because the hydraulic brake system will not have master cylinders, the motorcycle need not have master cylinder reservoirs. You ask whether the EV Warrior therefore will meet FMVSS No. 122. In the alternative, you ask for an interpretation stating that FMVSS No. 122 applies to an open system that requires a reservoir, but not to a closed, actuator system (in which a reservoir serves no purpose).
FMVSS No. 122 (unlike FMVSS No. 105) does not define a motorcycle hydraulic service brake system, and does not specify design requirements for such. Paragraph S5.1.2 of FMVSS No. 122, specifying requirements for motorcycle hydraulic service brake systems, states that "[e]ach motorcycle equipped with a hydraulic brake system shall have the equipment specified in S5.1.2.1 and S5.1.2.2." S5.1.2.1 specifies that each master cylinder shall have a separate reservoir and S5.1.2.2 specifies reservoir labeling. S5.1.2.1 may be read as assuming, but not requiring, that a motorcycle hydraulic service brake system will have master cylinders. Therefore, we agree that because your brake system does not have master cylinders, there is no requirement for reservoirs or for reservoir labeling.
Nevertheless, because we understand this brake system can be opened for the purpose of adding or changing the fluid used in it, and because fluid used in the EV Warrior's brake system may be susceptible to contamination, we urge you to inform the purchaser, by a label on the machine or warning in the operator's manual, that care is required when the filler cap is removed.
If you have any further questions, you may phone Taylor Vinson of this Office (202-366-5263).
Sincerely,
Samuel J. Dubbin Chief Counsel
ref:108#116##119#120#122 d:1/19/96
Your requests for confidentiality, as modified after discussions with this office, were granted on October 27, 1995, by the Assistant Chief Counsel for General Law.