Interpretation ID: nht92-2.9

DATE: 11/24/92

FROM: JAY C. TOWNLEY -- VT JAY TOWNLEY & ASSOCIATES

TO: PAUL J. RICE -- CHIEF COUNSEL, NHTSA

COPYEE: YAMAHA MOTOR CORPORATION USA

TITLE: REQUEST FOR ADVISORY OPINION CONCERNING CLASSIFICATION OF PEDAL ASSISTED BICYCLE

ATTACHMT: ATTACHED TO LETTER DATED 2-16-93 FROM JOHN WOMACK TO J. C. TOWNLEY (A40; PART 571)

TEXT: NOTE: This entire submission is Business Confidential.

I am a consultant working in the international bicycle industry, and I am making this request for an Advisory Opinion on behalf of my Client, Yamaha Motor Corporation USA.

Enclosed as Exhibit I you will find photographs of three (3) prototype Pedal Assisted Bicycles. The first prototype is a shaft drive Commuter, or City Bicycle. The second is a shaft drive All Terrain Bicycle, and the third is a chain drive All Terrain Bicycle.

The Product Definition we are using for marketing plan development is:

A bicycle equipped with a battery powered pedal assist system that engages when the system senses "kicking" torque between 5 Kg and 50 Kg, such as when the bicycle is starting from a stop, or climbing hills.

Exhibit II is the Pedal Assisted Bicycle System Abstract and a diagram explaining the system as installed in the second, shaft drive All Terrain Bicycle prototype pictured in Exhibit I.

You will note that the electric motor power output is in proportion to the torque input signal. Also, the system is designed to disengage when:

Speed is less than 1.24 MPH (2 Km/h), or more than 15.0 MPH (24 Km/h).

Torque at the pedals is less than 11 lbs (5 Kg), or more than 110 lbs (50 Kg).

The braking system is activated.

Accordingly, the pedal assist feature is intended to provide quicker and therefore safer standing starts in traffic, take the extra effort out of climbing hills, and keep up the pace when a rider becomes fatigued while commuting, running an errand or exercising.

The pedal assist feature cannot be engaged unless the bicycle rider is actively pedaling, and it will "assist" the rider only in direct proportion to the torque the rider inputs to the pedals.

Based on all of the above, we believe that the Yamaha Pedal Assisted Bicycle does not fall within the current definitions of "Motor Vehicle", "Motor Cycle" or "Motor-Driven Cycle".

FORMAL REQUEST

1. We request an advisory opinion that the Yahama Pedal Assisted Bicycle is not a "motor vehicle", or "motor driven cycle" within the meaning of the Safety Act and regulations promulgated thereunder. Should you be of the opinion that such product is a "motor vehicle" we would like to explore the possibilities to obtain appropriate exemptions from the potentially applicable Federal Motor Vehicle Safety Standards.

2. We additionally request a meeting with you and your staff to review and demonstrate the Yamaha Pedal Assisted Bicycle at the earliest possible date.