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Interpretation ID: 21941.ztv





    Mr. Ryan Hoffman
    Hoffman Group, Inc.
    2863 Mandela Parkway, 2d floor
    Oakland, CA 94608


    Dear Mr. Hoffman:


    This is in reply to your fax of July 25, 2000, with respect to the Funtech 50. You describe the vehicle as a "three-wheel motorcycle with two outrigger wheels (stabilizer wheels)."

    You write that "the stabilizer wheels are not in contact with the ground under normal driving conditions" although a wheel can momentarily touch the ground during a turn. You have asked for an interpretation that the Funtech 50 with its outrigger wheels is a "motor-driven cycle" as we define it.

    For purposes of our jurisdiction, as defined in 49 CFR 571.3(b), a "motorcycle" is "a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground." I enclose copies of letters of January 3, 1995, to James D. Murphy, Jr., and June 11, 1986, to Terry W. Wagar providing interpretations that two-wheeled vehicles with outrigger wheels used to provide stability in turns are considered to be "motorcycles." When outrigger wheels serve the same stabilizing purpose on a three-wheeled vehicle such as the Funtech 50, we also consider such a vehicle to be a "motorcycle."

    A "motor-driven cycle" is defined as "a motorcycle with a motor that produces 5-brake horsepower or less." Your letter does not identify the Funtech 50's engine. If it produces 5-brake horsepower or less, the vehicle would be a "motor driven cycle; otherwise," the Funtech 50 is a "motorcycle."

    You also asked for clarification that a three-wheeled motorcycle "can have either two wheels at the front and one wheel at the rear, or, one wheel at the front and two wheels at the rear." We

    confirm your understanding that both configurations are acceptable; the regulatory definition of motorcycle does not specify how three wheels must be arranged.

    If you have further questions, you may phone Taylor Vinson of this Office (202-366-5263).


    Sincerely,


    Frank Seales, Jr.
    Chief Counsel


    Enclosures
    ref:571
    d.7/31/00