Interpretation ID: 1982-1.13

TYPE: INTERPRETATION-NHTSA

DATE: 02/11/82

FROM: AUTHOR UNAVAILABLE; C. M. Price; NHTSA

TO: T. R. Lamia, Esq.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Thomas R. Lamia, Esq. Messrs. Paul, Hastings, Janofsky & Walker 1050 Thomas Jefferson Street, N.W. Washington, D.C. 20007

Dear Mr. Lamia:

This is in reply to your letter of December 16, 1981, submitting a petition to amend Federal Motor Vehicle Safety Standard No. 123, Motorcycle Controls and Displays.

You have asked for rulemaking to allow the installation of a speed control device on motorcycles which you believe is presently prohibited by the requirement that the manual twist-grip throttle be self-closing after its release. You have pointed out to us that such devices are "permitted" in motor vehicles covered by Standard No. 124, Accelerator Control Systems, but that no justification has been given for their "prohibition" by Standard No. 123.

Our review of both standards indicates silence on the question of speed control devices; they are neither permitted nor prohibited by either standard. Standard No. 123's requirement that the manual throttle be self-closing after release is conceptually identical to Standard No. 124's requirement that the throttle return to idle "whenever the driver removes the opposing actuating force" (paragraphs S5.1, S5.2). We interpret this specification in Standard No. 124 as a requirement to be met under the implied condition that the speed control device is disengaged. To remove any inconsistency between the two Federal accelerator control standards, we will extend this same interpretation to Standard No. 123; speed control devices are allowable and the throttle must return to idle after manual release when the device is not engaged.

This means that your petition is denied on the basis of mootness. Such a denial will allow us to prepare a Federal Register notice recording this fact and giving this interpretation a wide circulation.

Sincerely,

Courtney M. Price Associate Administrator for Rulemaking

December 16, 1981

National Highway Traffic Safety Administration 400 Seventh Street, S. W. Washington, D. C. 20590

Attention: Courtney Price Associate Administrator for Rulemaking

Dear Mrs. Price:

Pursuant to 49 C.F.R. Part 552, we hereby submit the enclosed "Petition to Initiate Rulemaking to Amend Federal Motor Vehicle Safety Standard 123 ('Motorcycle Controls and Displays')." We believe the Petition contains the necessary information and analysis to support commencement of the rulemaking proceeding sought by the Petition, and we respectfully request that the matter receive prompt attention and expeditious processing.

Please let us know if you have any questions or require any additional information.

Very truly yours,

Thomas R. Lamia of PAUL, HASTINGS, JANOFSKY & WALKER

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