Interpretation ID: nht81-3.29

DATE: 10/28/81

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Hogan & Hartson

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of December 15, 1980, in which you petitioned the agency to withdraw its recommended definition of "moped" and to define the vehicle commonly referred to as a "moped" uniformly throughout the Federal motor vehicle safety standards.

Your first petition requests the withdrawal of the recommended definition of "moped", which the agency made available as part of its series of recommendations relating to this category of vehicles.

The principal issue relates to the agency's definition of moped as a category of vehicles with pedals. In your view, the pedal requirement arbitrarily discriminates against vehicles which lack pedals but are otherwise identical to the vehicles defined in the current recommendations. To evaluate your position, the agency carried out a comparison of moped performance parameters to ascertain whether quantifiable safety differences exist between vehicles with and without pedals. The results of this analysis indicated that there are no significant differences, and the agency has therefore determined that it is appropriate to amend the definition of moped in the recommendation by removing the reference to pedals. In addition, the agency notes that the Economic Commission of Europe (ECE) regulations do not require mopeds to have pedals. Thus, to adopt your proposed definition will also aid international harmonization.

Consequently, the agency will shortly issue an advisory notice to the public of the amended definition, as it appears below, and seek additional public views for a period of thirty days.

"Moped" means a motor-driven cycle whose speed attainable in 1 mile is 30 mph or less, which is equipped with a motor that produces 2 brake horsepower or less. If an internal combustion engine is used, the piston displacement shall not exceed 50 cc and the power drive system shall not require the operator to shift gears.

Your second petition relates to making uniform the various definitions of low-horsepower motorcycles found in the Federal motor vehicle safety standards (49 CFR Part 571).

We agree that the time is now ripe to make consistent the various definitions which apply to mopeds, and will issue shortly a notice of proposed rulemaking to add to 49 CFR 571.3(b) the definition of "moped" stated above. Likewise, we propose to substitute the term "moped" for the various phrases which define this class of vehicles in 49 CFR 571.108, 49 CFR 115, and 49 CRF 571.122. In the case of 49 CFR 567.4(g), the presence of the term "moped" in 49 CFR 571.3(b) offers sufficient authority to identify a moped on the certification label when appropriate. Since the agency has indicated that it will soon propose rescinding Standard 127, it is unnecessary at this time to propose revisions to that standard.

Along with your petitions, you have asked a number of questions relating to current NHTSA regulations. The first four questions and their answers appear below. The remaining two questions, relating to the effects on State law of FMVSS 108 and 127, are being considered separately and will be answered upon our completion of an overall review of the issue of preemption under the National Highway Traffic and Motor Vehicle Safety Act.

ENC.

Question 1: The present definition of "motor-driven cycle" is a "motorcycle" with a motor that produces 5 brake horsepower or less. 49 CFR @ 571.3 (1979). Does this mean that a "motor-driven cycle" must comply with all the regulations that affect motorcycles, unless it is specifically excepted?

Answer: Motor-driven cycles must comply with all regulations that apply to motorcycles unless specifically exempted. If a particular subcategory of motor-driven cycles is exempted, that subcategory of motor-driven cycles need not comply.

Question 2: Federal Motor Vehicle Safety Standard ("FMVSS") 123, 49 CFR 571.123 (1979), requires that motorcycles be equipped with footrests at each seating position. If mopeds are subject to this standard, do the pedals on mopeds that are equipped with pedals satisfy the footrest requirement for the operator's seating position?

Answer: Yes. The pedals on the moped serve as footrests even when the moped is being propelled by the engine.

Question 3: FMVSS 123 also requires that motorcycle brake systems be operable either by a right foot control or by handlebar controls. If mopeds are subject to this standard, are mopeds with propulsion pedal operated brake systems in compliance?

Answer: Yes. Since such brakes are operable by the feet, they would comply with the requirement.

Question 4: FMVSS 127, 49 CFR @ 571.127 at S.3 (1979) excludes motor-driven cycles from its requirement that each motor vehicle should have a speedometer. FMVSS 123 sets marking and illumination requirements for motorcycle speedometers, 49 CFR @ 571.123 at S.1, but does not exclude motordriven cycles. If the manufacturer of a cycle that is excluded by FMVSS 127 decides voluntarily to equip its product with a speedometer, must that speedometer conform with the requirements of FMVSS 123? Must it conform with the requirements of FMVSS 127?

Answer: FMVSS 123 requires that if a motorcycle uses a speedometer, that speedometer must meet all requirements of that standard. The fact FMVSS 127 requires certain vehicles to have speedometers does not affect the uniformity requirements of FMVSS 123. Therefore, the manufacturer of motor driven cycles whose maximum attainable speed in one mile is 30 miles per hour or less need not equip such cycles with a speedometer, but if it wishes to do so, the speedometer must comply with FMVSS 123.