Interpretation ID: 20702.ogm

Mark W. Peterson, Esq.
Suite 900
88 South Sixth Street
Minneapolis, MN 55402

Dear Mr. Peterson:

This responds to your letter regarding the manufacture of motorcycles. You indicate that your client intends to manufacture and sell custom motorcycles. You ask that the National Highway Traffic Safety Administration confirm your understanding that no certificate of authority or other similar document from the United States government is necessary before your client can hold itself out as a manufacturer of these vehicles.

Your understanding is correct. There is no requirement that a manufacturer of vehicles obtain a certificate of authority before it can represent itself as a manufacturer of motor vehicles. There are, however, other requirements applicable to new manufacturers of motor vehicles which are addressed below.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized by Congress (49 U.S.C. Chapter 301) to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and new items of equipment. NHTSA does not approve or certify any motor vehicles or motor vehicle equipment. Instead, our statute establishes a "self certification" process under which each manufacturer has the responsibility to certify that its product meets all applicable standards.

The following Federal Motor Vehicle Safety Standards (49 CFR Part 571) apply to motorcycles: Standard No. 106, Brake hoses; Standard No. 108, Lamps, reflective devices, and associated equipment; Standard No. 111, Rearview mirrors; Standard No. 116, Motor vehicle brake fluids; Standard No. 119, New pneumatic tires for vehicles other than passenger cars; Standard No. 120, Tire selection and rims for motor vehicles other than passenger cars; Standard No. 122, Motorcycle brake systems; and Standard No. 123, Motorcycle controls and displays. In addition, each motorcycle must have a unique vehicle identification number (VIN) in accordance with 49 CFR Part 565.

Each motorcycle must be certified by its manufacturer as meeting all applicable safety standards. The certification must be made in accordance with 49 CFR Part 567, Certification. In addition, if a vehicle contains a safety-related defect, the vehicle manufacturer must notify all owners, purchasers, and dealers of the defect and provide a remedy without charge.

A new manufacturer of motor vehicles or motor vehicle equipment must submit information identifying itself and its products to NHTSA not later than 30 days after it begins manufacture (49 CFR Part 566, Manufacturer Identification). I am, for your information, enclosing an information sheet, "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment" and another sheet that describes how you may obtain copies of NHTSA's standards.

In addition, the U.S. Environmental Protection Agency (EPA) has established motor vehicle noise and emission standards. For information on EPA's requirements, please contact:

I hope this information is helpful. If you have any further questions, please feel free to contact Otto Matheke of my staff at this address or at (202) 366-5263.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:567
d.6/14/00