Interpretation ID: nht74-1.44

DATE: 09/23/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Pan Commercial

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of August 27, 1974 asking for a clarification of the National Traffic and Motor Vehicle Safety Act.

You are correct in your impression that under section 103(d) of the Act "no state legislation can be more stringent than the Federal ruling." Under paragraph S4.1.1.26 of Standard No. 108, effective October 14, 1974, "a motor-driven cycle whose speed attainable in 1 mile is 30 mph or less need not be equipped with turn signal lamps." This means that as of that date, only motor-driven cycles whose maximum speed exceeds 30 mph are required to be manufactured with turn signal lamps. Lower-speed cycles may continue to be provided with them if the manufacturer chooses, but a State cannot require him to do so. This is the result of the preemptive effect of section 103(d).

Yours truly,

ATTACH.

August 27, 1974

R. Dyson -- Acting Chief Counsel, National Highway Traffic Adminstration

Dear Mr. Dyson:

I am referring to the proposed legislation docket #74-16 pertaining to modifications of requirements for motor driven cycles. Under this proposed ruling, article 571.108 S4.1.1, a motor driven cycle with a speed of less than 30 MPH would not need to be equipped with turn signal lamps.

I have contacted the Registry of Motor Vehicles in Massachusetts and in their opinion Massachusetts will always require turn signal lamps. I was under the impression that under section 103D of the National Traffic and Motor Vehicle Safety Act, no state legislation can be more stringent than the Federal ruling.

In the light of the proposed Federal ruling and the apparent contradiction of State and Federal Traffic Laws, may I ask you for your advice in this matter,

Thank you for your cooperation.

Very truly yours,

PAN COMMERCIAL; Bernard E. Wuthrich