Interpretation ID: 18122.ztv

Mr. Malcolm Currie
President and CEO
Currie Technologies, Inc.
7011 Hayvenhurst Ave., Unit A
Van Nuys, CA 91406

Re: Power-Assisted Electric Bicycle

Dear Mr. Currie:

This is in reply to your letter of June 5, 1998, asking for confirmation that the power-assisted electric bicycle developed by your company is not a "motor vehicle" subject to the regulations of this agency.

According to your letter, the electric power unit of your bicycle does not operate in the absence of muscular input by the operator, who "must continue pedaling and exerting force for the motor to stay on." When a speed of 17-18 mph is reached, "the motor does no work and all of the power is supplied by the rider."

We confirm your understanding. We do not consider your bicycle to be a "motor vehicle." Muscular power is required for the motor to start and to assist in propelling the bicycle. Even with the input of muscular power, the motor ceases to operate at a speed of 17-18 mph, and above that speed the bicycle is propelled by muscular power alone. Most importantly, you have told us that "The bicycle cannot be operated by power assist alone without pedaling." For these reasons, we do not view your bicycle as a vehicle that is "driven by mechanical power" as the phrase is used in the statutory definition of "motor vehicle" (49 U.S.C. 30102(a)(6)).

You also write that your company "plans to sell a stand-alone propulsion system which the consumer can mount to their own bicycle in order to convert it into an electric bicycle." You intend the propulsion system to be sold separately "and not as part of a transaction involving the sale of a new bicycle." You ask for confirmation of your understanding "that there is no compliance responsibility imposed by Federal law," referencing the letter of November 20, 1997, from this Office to Zap Electric Bikes.

Your letter implies that the type of motor you intend to offer will convert the bicycle into a "motor driven cycle" under our regulations. Your understanding is overly broad, but is correct as it applies to your plans. We informed Zap that if it "sells the motor alone and not as part of a transaction involving the sale of a new bicycle, there would be no compliance responsibility imposed by Federal law" on the company. There is a compliance responsibility imposed by Federal law, but it applies to the "manufacturer" of a "motor vehicle," in this case, the person installing the electric motor on the bicycle. Under your scenario, this would be the consumer (though it could be the retailer from whom the consumer has bought the motor). The consumer or retailer, then, would be responsible for ensuring that his or her newly-created "motor driven cycle" meets all applicable Federal motor vehicle safety standards before it is operated on the public roads.

Nevertheless, we consider the power unit to be "motor vehicle equipment" since, when installed, it will be a "system, part, or component of a motor vehicle as originally manufactured" within the meaning of 49 U.S.C. Sec. 30102(a)(7)(A). If you are the manufacturer of the power unit, you will be responsible for notification and remedy in the event a safety related defect occurs in the power unit. I enclose an information statement that the agency provides manufacturers of motor vehicle equipment .

If you have any further questions, Taylor Vinson of this Office will be able to help you (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
d.7/15/98
ref:571