Interpretation ID: 17028.ztv

Mr. Gary Starr
Managing Director
ZAP Electric Bikes
117 Morris Street
Sebastopol, CA 95472

Dear Mr. Starr:

This is in reply to your letter of January 21, 1998, asking for an interpretation that "three devices are not motor vehicles or motor vehicle equipment for purposes of the regulations of the National Highway Traffic Safety Administration."

You have described these devices as follows:

"Device 1: ZAP Power System

The Zap power system is a kit that is sold to electrify a bicycle or tricycle. It is sold by ZAP alone and is not part of a transaction involving the sale of a bicycle or tricycle."

We have previously advised you that a bicycle with a power assist is a motor vehicle if the vehicle is capable of traveling without the input of muscular power. On the other hand, if a bicycle with power assist cannot travel without the input of muscular power, it will not be considered a motor vehicle.

The statute that defines "motor vehicle equipment" is 49 U.S.C. Sec. 30102(a)(7). This definition includes "(A) any system, part, or component of a motor vehicle as originally manufactured." If combining the ZAP power system and a bicycle creates a motor vehicle under our previous interpretations, then the ZAP power assist would appear to be "motor vehicle equipment" under the statutory definition. Moreover, in that case, the individual or entity that made the combination would be considered the manufacturer of the motor vehicle, and would be required to assure that the vehicle complied with all applicable Federal motor vehicle safety standards in effect at that time, and issue a certification that the vehicle so complied. On the other hand, the ZAP power system would not be motor vehicle equipment if the bicycle cannot travel without the input of muscular power despite the presence of the power assist.

"Device 2: ZAP Bicycle

Bicycles manufactured by ZAP are similar to the bicycles manufactured by the Electric Transportation Company (ETC). These bicycles are bicycles with a power assist and must be pedaled to activate the motor and therefore the pedal assist system will not operate on its own in the absence of muscular effort."

Your letter is not clear as to whether the power assist system is sufficient to power the bicycle without any further input of muscular power once muscular power has started the power assist system. As we have advised, if the pedal assist system will not operate on its own in the absence of muscular effort (after it may have been started by muscular power), the bicycle on which it is installed will not be deemed to be a "motor vehicle" subject to the regulations of this agency. On the basis of the information you have provided, the ZAP Bicycle would not appear to be a "motor vehicle" since it cannot be driven exclusively by mechanical power.

"Device 3: Zappy

The Zappy is an electric powered device that is similar to the TWIP scooter in which it has a maximum speed of 14 mph, has an abnormal configuration, that is, it has no seat, and folds down flat to make it portable."

We agree that the Zappy appears similar to the TWIP, which was described as having a maximum top speed of about 9 miles per hour, and a driver's seat that folded down apparently to make the scooter more portable. On October 5, 1993, we advised the prospective importer of the TWIP, Bernhard Peer, that the TWIP met the criteria we use to exclude certain vehicles from regulation, For similar reasons, we do not consider the Zappy to be a "motor vehicle."

If you have any questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

Sincerely,
John Womack
Acting Chief Counsel
ref:VSA
d.5/22/98