Interpretation ID: nht81-3.11

DATE: 08/28/81

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Sigma Six Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your July 29, 1981, letter asking whether a three-wheeled vehicle would be classified as a motorcycle for purposes of complying with the motor vehicle safety standards.

The term "motorcycle" is defined in our regulations as "a motor vehicle with motive power . . . designed to travel on not more than three wheels in contact with the ground" (Volume 49, Code of Federal Regulations, Part 571.3). Since your vehicle is designed to travel on three wheels, it would be classified as a motorcycle for purposes of complying with the safety standards. The agency plans no major rulemaking at this time that would change the definition of motorcycle or the standards with which these vehicles comply.

SINCERELY,

29 July 1981

Office of the General Counsel Department of Transportation NHTSA

Dear Sirs:

We wish to obtain information on the proper procedures to obtain certification of a specialty vehicle for manufacture in the United States.

I have attached some of the sales literature describing the vehicle. I have previously talked with the rulemaking and compliance personnel at NHTSA in an attempt to clarify the problems that may be encountered.

The "Ant" is a three wheel vehicle and is currently manufactured in Britain. It is certified in the UK under category N[1], "Vehicles used for the carriage of goods and having a maximum weight not exceeding 3.5 metric tons". It is also certified for French import.

In my discussion with the rulemaking section I was told that three wheeled vehicles are currently classed as a motorcycle, however, they were under review for possible changes to the rules. The classification required to be met and any changes being made could have a major impact on the investment required to properly set up the manufacturing facility to insure that all applicable FMVSS standards are met in the vehicle engineering and manufacturing practices and procedures.

The investors are currently planning a production rate of 1000 per year in two years with a possible expansion to 5000 per year in five years.

Your attention to our problem and assistance in obtaining a solution is appreciated.

Sigma Six Inc.

Marshall Zaun President

Sales Literature Omitted.