Interpretation ID: kronosport.ztv

Mr. Edward A. Kron
President & CEO
Kronosport
Mellon Bank Center
1735 Market St., Suite A500
Philadelphia, PA 19103

Dear Mr. Kron:

This is in reply to your letter of February 3, 2003, describing four-wheeled pedal-electric vehicles that you manufacture which travel at a maximum speed of 12 miles per hour. You have asked for "an exemption to NHTSAs speed requirement in order to allow our vehicles to be legally operated on roadways that have a posted speed limit of 35 mph or under."

NHTSA has no "speed requirement." We have established a category of motor vehicle called "Low-Speed Vehicle." In part, a Low-Speed Vehicle is defined as a four-wheeled motor vehicle, other than a truck, whose speed attainable in l mile is more than 20 mph and not more than 25 mph. In adopting this definition, we made it clear that the individual States have the authority to prescribe requirements for the registration and use of Low-Speed Vehicles, including whether to allow Low-Speed Vehicles at all on roads under their jurisdiction, or to limit the roads on which they can be used.

Because the maximum speed of your vehicle is 12 mph, it is not a "Low Speed Vehicle." We do not know whether any State permits use on its public roads of vehicles with a maximum speed of 12 miles per hour. We suggest that you consult with each State in which you intend to market your vehicle to determine whether your vehicles may use the public roads in that State.

If you have any questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:500
d.5/22/03