Interpretation ID: nht68-4.16

DATE: 09/16/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Messrs. O'Donohue and O'Connor

TITLE: FMVSR INTERPRETATION

TEXT: In your letter of August 15 you ask for a copy of regulations issued under the National Traffic and Motor Vehicle Safety Act of 1966 which might apply to "a small refuse-carrying three-wheeled vehicle" which is being designed by one of your clients.

I enclose a copy of all Federal Motor Vehicle Safety Standards which have been issued to date. You will note in 23 C.F.R. @ 255.3(b) that the definitions of "truck" and "motorcycle" or "motor driven cycle" appear to apply to the vehicle you have described. In order to make a definite classification we need more information such as 'a photograph of the vehicle and a technical specification sheet'.

However, if the vehicle is classified as a "truck", 23 C.F.R. @ 255.7(a) provides that the Federal Standards will not apply if its curb weight is 1,000 pounds or less. If the vehicle is classified as a "motorcycle" or "motor driven cycle", Federal Standard No. 108 effective January 1, 1969, will be the only Standard applicable to this category of vehicle.

If there is any further assistance I can give you I shall be happy to do so.

O'DONOHOE AND O'CONNOR

August 15, 1968

National Highway Safety Bureau

It is our understanding that under the President's Executive Order of June 6, 1967, your Bureau is charged with the carrying out of the principles of the Highway Safety Act.

This firm represents a small local corporation which is engaged in the design for marketing of a small refuse-carrying three-wheeled vehicle, to be primarily used in combination with a larger packer truck.

Could you please forward to the undersigned copies of such bulletins or regulations as you have promulgaged with reference to required safety features in this particular type of vehicle.

The vehicle will be three wheeled, operate with hydrostatic drive, and will have a dump box at the front. As stated above, it's main purpose will be to pick up from trash cans in alley ways and up driveways and then to deposit its load when full in the larger packer truck.

We will be glad to supply added details for your use in determining what regulations would be applicable;but frankly, right now, having just read the bare bones of the statute, I am at a loss to know what you will need to proceed.

We would appreciate it if you would send us such materials as you have on hand.

James E. O'Donohoe