Interpretation ID: nht81-3.12

DATE: 09/02/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: The Firefly Company, Inc.

TITLE: FMVSR INTERPRETATION

TEXT:

SEPTEMBER 2, 1981 NOA-30

Mr. Alex Roth The Firefly Company, Inc. 1 Marine Plaza North Bergen, New Jersey 07047

Dear Mr. Roth:

This is in reply to your letter of July 30, 1981, asking for confirmation that a vehicle you intend to produce is a "motorcycle."

The body appears to be that of the British Reliant Regal, a three-wheeled fully enclosed passenger vehicle. You intend to market your product as a battery powered three-wheeled vehicle. Although this agency once engaged in rulemaking with the intent of excluding three-wheeled vehicles of this nature from applicability of the motorcycle standards, no final rule was ever adopted. Therefore, all three-wheeled vehicles are classified as "motorcyles" for purposes of compliance with the Federal motor vehicle safety standards.

I hope that this is responsive to your request.

Sincerely,

Frank Berndt Chief Counsel

July 30, 1981

Mr. Frank Berndt Chief Counsel NHSTA 400 Seventh St., S.W. Washington, D.C. 20590

Dear Mr. Berndt:

We are at the threshold of mass producing what we believe will be America's first low-cost, battery-powered vehicle.

The vehicle is specifically designed for city streets use and made for the 30 million multi-car families in the U.S. many of whom could do with one standard gasoline-powered car and our battery-powered vehicle to carry one or two passengers to work; to the railroad station; or to do the myriad transportation chores that lie close to the household.

If we are successful with our mass production plans, we expect to be able to retail this vehicle at under $4,000. If we do this, it will indicate the viability of the electric vehicle market and get the electric vehicle industry off dead center.

This is a two-passenger, three-wheeled vehicle with a fiberglass body. Overall length is 131 inches - height 56 inches - width 54 inches. The curb weight is estimated to be 1,200 lbs.

We have had conversations with motor vehicle commissioners in various states, all of whom indicate to us that this vehicle would be licensable as a motorcycle. Early conversations with John Carson, your safety standards engineer, also indicated to us that there were no DOT or NHSTA standards for three-wheeled vehicles of this type and that, consequently, it would be classified as a motorcycle.

We are addressing ourselves to your office to request confirmation of these facts.

I am enclosing a photograph of the preproduction prototype and would be happy to furnish you with any additional information that you might require.

Sincerely yours,

THE FIREFLY COMPANY, INC.

Alex Roth

AR:lvrn Enclosure