Interpretation ID: nht73-2.9

DATE: 09/10/73

FROM: Richard B. Dyson; NHTSA

TO: Cannon's Cycle Center Inc.

TITLE: FMVSS INTERPRETATION

TEXT: Robert Aubuchon of this agency has asked us to respond to our recent inquiry whether the Solex motor bicycle is a "motor vehicle" under our regulations, and, if so, how we would categorize it. You are also interested in knowing how our views affect South Carolina's proposed redefinition of bicycle.

Since the Solex is manufactured primarily for use on the public roads, it is a "motor vehicle" as defined by the National Traffic and Motor Vehicle Safety Act of 1966, specifically a "motorcycle". As such, it must meet all Federal motor vehicle safety standards applicable to "motorcycles", and be so certified by its manufacturer. The only such standard currently in effect is No. 108, Lamps, Reflective Devices and Associated Equipment, but standards on controls (No. 122) and braking (No. 123) will become effective January 1, 1974 and September 1, 1974 respectively.

While the proposed South Carolina redefinition of "bicycle" appears to encompass the Solex, the State by so doing could neither relieve the manufacturer from the obligation of complying with Federal motorcycle safety standards, nor impose requirements different from Standards Nos. 108, 122, and 123 as to those aspects of performance covered by the Federal standards.

I hope this answers your questions.