Interpretation ID: nht73-6.10

DATE: 12/04/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Explorer Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your recent undated letter asking for Federal "safety specifications" that would apply to your three-wheeled motorcycle when it is licensed for use on the public roads.

The Federal motor vehicle safety standards that apply to motorcycles and their effective dates are: No. 103, Lamps, Reflective Devices, and Associated Equipment (January 1, 1969); No. 122, Motorcycle Brake Systems (January 1, 1974); and No. 123, Motorcycle Controls and Displays (September 1, 1974). These standards are found in Title 49, Code of Federal Regulations, Part 571. Under Part 567 a manufacturer of motor vehicles must affix a certification label to each product stating, among other things, that it meets all applicable Federal standards. This is the "sticker" to which you refer. As a manufacturer, Explorer is also subject to other regulations. I enclose an information sheet telling where you may obtain all these regulations.

I do not know the "Pace Setter III" that you refer to, but the Department does not "approve" vehicles for licensing. All that is legally required is that a manufacturer build and certify vehicles that conform to all applicable Federal safety standards. No Federal approval is necessary or given.

We have recently adopted a redefinition of "motorcycle" effective September 1, 1974. Three-wheeled motor vehicles that do not have both "a handlebar for steering and a seat that is straddled by

2 the driver" will no longer be classified as "motorcycles" effective September 1, 1974. Since the Explorer has both handlebars and a seat that is, in our view, straddled by the driver when his feet are on the foot rests, it remains a motorcycle under the new definition.

ENC.

EXPLORER, INC.

Gentlemen:

We are in the process of trying to get our three-wheel motorcycle licensed for the road. It seems that each state requires that they pass federal safety specifications. We would like to know how to find out what they are and have it tested at your convenience to prove that it does meet federal standards.

I understand that when a three-wheel motorcycle can be licensed, a sticker must be attached stating that it is designed for the road and meets all federal safety standards.

The EXPLORER 800R model recently has been licensed for the road in the state of Michigan. As you can see by the enclosed pictures, it has brakes on all three wheels, headlamp with high and low beam indicator light, turn signals, electric horn, brake and tail lamp, rear view mirror, and is powered by a 12 volt battery.

I understand that you recently approved the "PACE SETTER III" to be licensed for the road. We feel that the EXPLORER more than meets the safety requirements needed, and would like to prove this to you as soon as possible.

Any help you can give us to expedite this matter would be greatly appreciated.

Sincerely,

Paul Marenda, Vice-President

P.S. Please send a copy of the federal requirements to EXPLORER ILLINOIS CORPORATION. 106 W. St. Paul St., Spring Valley, Illinois 61362