Interpretation ID: nht76-1.39

DATE: 06/29/76

FROM: AUTHOR UNAVAILABLE; J. Womack for F. Berndt; NHTSA

TO: Dunlop Limited

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letters of March 22 and June 9, 1976, concerning the classification of motor-scooters and the tires designed for them.

"Motorcycle" is defined in 49 CFR Part 571.3 as:

a motor vehicle with motive power 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.

"Motor-driven cycle" is defined as:

a motorcycle with a motor than produces 5 brake horsepower or less.

The category of "motor-driven cycles" includes, but is not limited to, motorized bicycles. There is no definition of "scooter" or "motor-scooter". Such a vehicle is a motorcycle and, depending on the brake horsepower of its engine, may also be a motor-driven cycle. In any event, a tire for use on such a vehicle is a motorcycle tire that is subject to all requirements of Federal Motor Vehicle Safety Standard No. 119, New Pneumatic Tires for Motor Vehicles Other Than Passenger Cars. The standard does not presently recognize a category of speed-restricted motorcycle tires. However, your letter is being considered in the preparation of the forthcoming Federal Register notice on this subject.

Yours truly,

ATTACH.

DUNLOP LIMITED

Ref: RGC/MJW/5859/40G

Richard B Dyson -- Assistant Chief Counsel, National Highway Traffic Safety Administration

March 22, 1976

Dear Mr Dyson

SCOOTER TYRES - MVSS 119

I am advised that american importers of scooters are insisting that tyres for these machines be labelled to show conformity with Standard 119 and this poses a number or problems, both legal and practical.

I am taking the liberty of writing to you for advice on this subject since it is closely related to the general question of the application of Standard 119 to the case of tyres for speed-restricted motorcycles i.e. the case covered in ETRTO submission No. 6/119 dated 5 February 1975; for ease of reference I would advise that you acknowledged this petition in your letter N40-30MS dated 4 March 1975 and also advised in your letter N40-30, dated 26 February 1976, that you expected a Federal Register notice on this petition to be published shortly.

The primary problem is one of definition, since I cannot find any legal definition of "scooter" or "motor-scooter".

On the other hand it can be argued, with justification, that a scooter falls within the definition of "motorcycle" or "motor-driven cycles" of part 571.3 "Definitions" depending on the brake horse power of the engine with which the machine is equipped.

I would believe - and perhaps you would be kind enough to confirm this - that the term "motor-driven cycle" is intended to cover motorised bicycles e.g. mopeds, rather than vehicles whose sole source of propulsion is an engine.

Should this be the case then we are left with the definition of motorcycle as including scooters and while this is legally reasonable the resulting implications are somewhat unreasonable within the context of Standard 119 and, in particular, the high speed test requirement of Standard 119.

This test is designed to establish a high speed capability for motorcycle tyres of 85+mph on a test drum which equates to a speed significantly greater than 85 mph on the road and is a prefectly reasonable test for "full-blooded" motorcycles which normally have a speed capability of this order, but is totally unrealistic for scooter tyres, since scooters, in general, are, by design and nature of the vehicle, of much lower speed capability, normally c50-60 mph max. It is for this reason that they are equipped with very small tyres, usually in the order of 4" tyre section width and fitting wheels of 8", 10" or occasionally 12" diameter - clearly these are tyres not designed for very high speed operations.

However, unless scooters are defined differently from motorcycles these small tyres will be required to pass the high speed test of Standard 119.

An alternative, which I would believe to be legally admissible, would be to mark scooter tyres as speed-restricted tyres reference Standard 119 para. S6.5 (e), on the basis that the high speed test would no longer be applicable. In the case of scooter tyres the speed restriction could be 60 mph which would then directly relate scooter tyres to "tyres for small cubic capacity motorcycles up to 60 mph (or 100 km/h)" of ETRTO submission No. 6/119.

Should this alternative be the one adopted this would resolve the problem of the high speed test but there would then remain the question of the breaking energy values to be used i.e. either the values in Table 2 of Standard 119 under the title "motorcycle" or under the title "all 12" or smaller rim size" and this can presumably be resolved only after a decision is taken on whether scooters remain within the definition of motorcycle or are separately defined e.g. as "motorcycles of restricted speed capability 60 mph max".

In view of the fact that our inability to determine the relevance of scooter tyres within the context of Standard 119, and hence the test and markings which are applicable, it will be appreciated that there is a certain barrier to trade in this context; thus your earliest advice on the problems expressed above would be appreciated and, in particular, your advice on whether this problem can be treated as an extension of ETRTO petition No. 6/119.

Yours sincerely

R G CLIFTON -- Manager - Tyre Legislation