Interpretation ID: nht78-4.10

DATE: 09/05/78

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Vespa of America Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of July 3, 1978, requesting an interpretation of Motor Vehicle Safety Standard No. 108, specifically, whether turn signal systems installed on mopeds must meet the standard's requirements. One of NHTSA's engineers has informally advised you, in your words, "that because turn signal units on mopeds are not required devices. . . they are not required to meet the specific requirements in FMVSS 108 relative to motorcycles as long as they do not affect the operation of the other required equipment."

We are pleased that Vespa is considering installing turn signal lamps on motor vehicles that S4.1.1.26 excuses from having them. If you wish to install systems that you intend to comply with Standard No. 108 and which for one reason or another fail to do so, it is doubtful that NHTSA would take any action against Vespa since the equipment is clearly optional and added only at a manufacturer's discretion. We would also view as preempted under Section 103(d) of the National Traffic and Motor Vehicle Safety Act any State action either to require turn signal lamps on mopeds or to establish requirements for such were they added at the option of the manufacturer.

I hope this clarifies the matter for you.

SINCERELY,

vespa of america corporation

July 3, 1978

Joseph J. Levin, Jr. Chief Counsel U.S. DEPT. OF TRANSPORTATION National Highway Traffic Safety Administration

Dear Mr. Levin:

It is suggested, by Mr. George Shifflet, that an official comment should be solicited from your office to verify our interpretation regarding voluntary equipment of turn signal systems on mopeds (motorized bicycles).

It has been the understanding of Vespa of America Corporation that if a piece of equipment is offered on a moped which is exempted from its requirement (as turn signal systems are exempted as specified - FMVSS 108 Sec. S4.1.1.26) than that piece of equipment must meet all requirements set forth in the respective FMVS Standard.

During my phone conversation with Mr. Shifflet, he offered information to the contrary. He stated, that because turn signal units on mopeds are not required devices under FMVS Standards, they are not required to meet the specific requirements in FMVSS 108 relative to motorcycles as long as they do not affect the operation of the other required equipment.

If Mr. Shifflet's statement is true, then existing State requirements would apply to moped turn signal units.

I am anxiously awaiting your comments as they are the basis for our action. I remain,

Donald Beyer National Service Manager