Interpretation ID: nht76-5.54

DATE: 02/03/76

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: U.S. Customs

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of January 12, 1976, asking about the applicability of Federal motor vehicle safety standards to motorcycles and mini-bikes.

You first asked "if any motorcycles are exempt" from the National Traffic and Motor Vehicle Safety Act of 1966. If the configuration of any motorcycle is such that it cannot be licensed for use on the public roads it is considered exempt. One example is a competition cycle intended solely for racing, conveyed by trailer or truck, which has no lights, and is equipped with special tires, and gear ratios rendering it unfit for low speed on-road traffic conditions. Another is the off-road machine with knobby tires, modified suspension and gear ratios, clearly intended for trail riding, hill climbing and the like. Motorcycles with a dual off-road on-road capability are, on the other hand, subject to the Federal motor vehicle safety standards.

You also asked for our "interpretation of and when a motorcycle or minibike would not be considered to have been manufactured primarily for use on the public roads." I enclose a copy of an interpretation issued in 1969 that reflects our views on this matter. As a general rule mini-bikes are not considered "motor vehicles", while most motorcycles do come within the definition. We consider both the C.B. 750 and Yamaha 90 to be "motor vehicles", even though we understand the latter is intended for dual-purpose use.

Enclosed is a Statement of Compliance for motorcycles.

Yours truly,

Enclosures

ATTACH.

DEPARTMENT OF THE TREASURY

U.S. CUSTOMS SERVICE

GUAM

January 12, 1976

Administrator -- National Highway Traffic Safety Adm., Department of Transportation

Subject: National Traffic and Motor Vehicle Safety Act of 1966.

I have been receiving inquiries regarding motorcycle imporations by military personnel reassigned from Japan to Guam, specifically, a C.B. 750 and Yamaha 90.

Would your office please advise if any motorcycles are exempt from the subject law excluding those manufactured prior to January 1968. Also, request your interpretation of and when a motorcycle or minibike would not be considered to have been manufactured primarily for use on the public roads and is not a "Motor Vehicle" as defined in Section 102 of PL 89-563.

Request a copy of the "Statement of Compliance" be furnished this office.

John J. Kralik -- U.S. Customs Military Advisor