Interpretation ID: nht92-9.36

DATE: January 28, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA; Signature by Stephen P. Wood

TO: William R. Willen, Esq. -- Managing Counsel, Product Legal Group, American Honda Motor Co., Inc.

TITLE: None

ATTACHMT: Attached to letter dated 12/16/91 from William R. Willen to Paul Jackson Rice (OCC 6833)

TEXT:

This responds to Honda's request for an interpretation of Federal Motor Vehicle Safety Standard No. 123, Motorcycle controls and displays. You stated that Honda is developing a braking system for motorcycles that would offer full proportioning front and rear when utilizing either the front hand control, or the rear control. You asked whether such a system would be permitted by the standard, particularly in light of section S5.2.1. As discussed below, such a braking system would be permissible under Standard No. 123.

By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles and equipment meet applicable requirements. The following represents our opinion based on the facts set forth in your letter.

S5.2.1, Control location and operation, includes the following language:

If a motorcycle is equipped with self-proportioning or antilock braking devices utilizing a single control for front and rear brakes, the control shall be located and operable in the same manner as a rear brake control.

Table 1 of Standard No. 123 provides that a rear wheel brake control must be a right foot control and must depress to engage. (Table 1 also includes an additional option that is not necessary to address in this letter.)

Since Honda's motorcycle would be equipped with a self-proportioning device utilizing a single control for front and rear brakes, it would be subject to this requirement. If Honda's "rear foot control" is one that is operated by the right foot and must be depressed to be engaged, that control would satisfy S5.2.1.

It is our interpretation that so long as one control meets the specified requirements for location and operation, additional controls serving the same purpose may be provided voluntarily by the manufacturer and need not meet those requirements. I note that this view is similar to a position taken in an April 26, 1983 interpretation letter to an addressee whose identity has been withheld for reasons of confidentiality. In that letter, the agency stated, in the context of discussing S5.2.1, that

"(u)se of ... a self-proportioning device does not preclude additional brake actuation devices." I am, for your information, enclosing a copy of that letter. In the situation at issue, we would consider the front hand control on Honda's design to be an "additional brake actuation device," and therefore, not precluded by Standard No. 123.

I hope this information is helpful to you. If you have any further questions or need additional information, please feel free to contact Dorothy Nakama of my staff at (202) 366-2992.