Interpretation ID: nht89-1.99

TYPE: INTERPRETATION-NHTSA

DATE: 06/09/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: BLANCHE KOZAK

TITLE: NONE

ATTACHMT: LETTER DATED 04/04/89 FROM NANCY L. BRUCE -- DOT TO CHESTER ATKINS -- HOUSE; LETTER DATED 03/29/89 FROM CHESTER G. ATKINS -- HOUSE TO NANCY BRUCE -- DOT, RE MRS. BLANCHE KOZAK; LETTER DATED 09/26/88 FROM BLANCHE KOZAK TO BERRY FELRICE; LETTER D ATED 10/16/79 FROM EDWIN P. RIEDEL; REPORT UNDATED; LETTER DATED 08/09/88 FROM BLANCHE G. KOZAK TO DEPARTMENT OF TRANSPORTATION

TEXT: Dear Mrs. Kozak:

Thank you for your letter concerning the applicable classification and regulation of a three-wheeled vehicle manufactured by Cushman. I was saddened to learn that your husband died while operating such a vehicle at his job.

Before addressing your specific questions, I would like to provide some general background information about this agency's laws and regulations. Our agency, the National Highway Traffic Safety Administration (NHTSA), is authorized by the National Traffi c and Motor Vehicle Safety Act (the Safety Act) to issue safety standards applicable to new "motor vehicles" and new items of "motor vehicle equipment." The Safety Act defines a motor vehicle as:

any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

According to your letters, there are two different models of the three-wheeled Cushman vehicle. One of these models is intended solely for off-road use. This model would not be a "motor vehicle" within the meaning of the Safety Act, so NHTSA has no aut hority to regulate this model. The other model is intended for use on the public roads. According to your letter, your husband was operating the on-road model at his job. The on-road model plainly appears to be a "motor vehicle" for the purposes of th e Safety Act.

Cushman and every other manufacturer of motor vehicles must certify that each of their vehicles complies with all applicable safety standards. Both eighteen-wheel tractor trailers and motor scooters are "motor vehicles" within the meaning of the Safety Act, but the safety standards specify different requirements for those two types of vehicles. To determine the applicable requirements in the safety standards, one must determine into which of several vehicle classes the vehicle in question will fall. As our Associate Administrator for Rulemaking explained in his July 25, 1988 letter to Chairman Florio, the on-road model of the

2 Cushman three-wheeled vehicle would appear to be classified as a "motorcycle" for the purposes of our safety standards.

NHTSA has authority to regulate the manufacture and sale of motor vehicles and items of motor vehicle equipment. Thus, the Safety Act prohibits any person from manufacturing, importing, or selling any new vehicle that does not comply with all applicable safety standards. See 15 U.S.C. 1397(a)(1)(A). The Safety Act also required Cushman to certify that each of its on road three-wheeled vehicles conformed to all applicable safety standards. See 15 U.S.C. 1403. Additionally, the Safety Act requires Cus hman to recall and repair those vehicles if either Cushman or this agency determine that the vehicles contain a defect related to motor vehicle safety. See 15 U.S.C. 1411-1419. It is the individual State, Massachusetts in this case, that has authority to regulate the operation and use of motor vehicles in that State.

I would now like to respond to the particular statements and concerns expressed in your letters.

Statement One: You said: "I feel a determination should be made as to what agency should regulate the use of this vehicle on the Public Highways and the person required to operate should be warned of the hazards inherent in the unit." (emphasis added)

Response: As explained above, NHTSA cannot regulate the operation or use of these vehicles. That is a question that is entirely within the authority of the State of Massachusetts. You may wish to express to the appropriate persons in the State of Massa chusetts your belief that the State ought to regulate the operation and use of these vehicles.

Statement Two: You then noted that "similar units are presently being used in the Commonwealth without a seat belt despite the fact that the Registry of Motor Vehicles considers them to be motor vehicles and not motorcycles."

Response: This statement suggests that you may have some uncertainties about the relationship of the vehicles called "motorcycles" to the larger vehicle group called "motor vehicles." As explained above, for the purposes of Federal law, "motorcycle" is a subset within the broad category of "motor vehicles." Other subsets of "motor vehicles" include "passenger car," "truck," and "bus." Thus, for Federal purposes, all motorcycles are motor vehicles.

Our July 25, 1988 letter to Chairman Florio indicated that the on-road version of the Cushman three-wheeled vehicle is a motor vehicle that would appear to be classified as a "motorcycle." Our safety standard that requires most motor vehicles to be equip ped with safety belts or other types of occupant crash protection is Standard No. 208, Occupant Crash Protection (49 CFR 571.208). However, this standard does not apply to vehicles classified as motorcycles. Accordingly, none of our safety standards requ ire Cushman to install safety belts on these vehicles.

Statement Three: You noted that this vehicle "does not have a solid door, only a canvas one."

3 Response: Our safety standard that specifies requirements for side doors on vehicles is Standard No. 214, Side Door Strength (49 CFR 571.214). Standard No. 214 currently applies only to passenger cars. Since the vehicle in question is a "motorcycle," our safety standards do not require the manufacturer to provide doors on it.

Statement Four: You suggested that the hospital and its employees "were possibly subjected to a fraudulent act," because the vehicle did not indicate a helmet is required when operating the Cushman vehicle.

Response: You are correct in assuming that the State of Massachusetts has a motorcycle helmet use law for all riders. If you are interested in learning more details about that law, you may wish to contact the appropriate persons in the Massachusetts sta te government.

I hope this information is helpful. If you have any further questions or need some more information on this subject, please do not hesitate to contact Mr. Marvin Shaw of my staff at this address, or by telephone at (202) 366-2992.

Sincerely,