Interpretation ID: nht78-3.37

DATE: 07/19/78

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Mr. Robert Hoppe

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your letter of May 3, 1978, in which you request a determination as to whether the three-wheeled motor vehicle which you are designing is a "motorcycle" or an automobile ("passenger car") for purposes of complying with federal motor vehicle safety standards.

The vehicle falls within the definition of "motorcycle" set forth in regulations under the National Traffic and Motor Vehicle Safety Act of 1966:

"Motorcycle" means 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 wheeles in contact with the ground. (49 CFR Part 571.3(b))

Accordingly, the vehicle would have to meet the requirements of safety standards applicable to motorcycles. I have enclosed an information sheet explaining where you can obtain federal standards and regulations.

I want to point out that in April 1974, this agency proposed a revision of the above definition of "motorcycle" under which this term would be limited to two-wheeled motor vehicles and to three-wheeled motor vehicles with handlebars and no passenger enclosures. I have enclosed a copy of this proposal. However, in view of the time that has elapsed since the proposal was issued, the agency has decided not to issue a final rule on this subject without providing another opportunity to comment.

SINCERELY,

Office of Chief Counsel Nat'l Highway Traffic Safety Admin.

May 3, 1978

Gentlemen:

Enclosed is a drawing of a small vehicle I am presently designing. Would you please give me a determination as to whether it is a motorcycle or an automobile? I realize that if I only build a single car I won't have any trouble making it street legal, however if I want to produce it in quantity it will have to comply with the various safety laws. Obviously having definite knowledge of which safety laws I will have to comply with is basic to the design.

It is a three wheel vehicle. The single wheel in the rear is driven by the engine, the two front wheels steer. It will hold a single occupant who will sit in an automobile type seat and will steer with a normal steering wheel. Entry/exit is by a single gull wing type door on the left side. The windshield will be safety glass, provided with windshield wiper and defroster. Two headlights, tail lights, brake lights and turn signals will be included in the design. The frame will be welded box tubing with independent front suspension using motorcycle spring over shock absorbers. The wheels and tires will be standard 4.00 x 18 motorcycle. The fully enclosed body will be fiberglass. It will have a rear mounted motorcycle engine and standard swing arm. The engine will be a water cooled "V"-twin of 500 C.C. displacement and uses an enclosed shaft drive to the rear wheel.

My purpose is to produce an extremely economical commuter vehicle which will get one man and his briefcase back and forth to work as comfortably and as swiftly (55 mph) as a modern car while getting 100 miles per gallon of gas. I believe there will be an urgent need for such a vehicle in the near future.

A swift determination and any other information you can give me will be greatly appreciated.

SINCERELY,

Robert Hoppe

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