Interpretation ID: nht95-1.1

TYPE: INTERPRETATION-NHTSA

DATE: January 1, 1995 EST

FROM: Andrew Grubb

TO: U.S. Department of Transportation, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 6/12/95 LETTER FROM JOHN WOMACK TO ANDREW GRUBB (A43; VSA 102(4))

TEXT: To whom it may concern,

I am writing in regards to motor vehicle regulations as applicable to two products I am currently selling. I have a copy of a letter dated April 1st of 1991 from Mr. Paul Jackson Rice, of your office dealing with a small push scooter like product, eq uipped with a 37cc engine called a "Walk Machine". In this letter, Mr. Rice had written "NHTSA has stated in many interpretations that vehicles that regularly use the public roads will not be considered a motor vehicle if such vehicles have a maximum at tainable speed of 20 mph or less and have an abnormal configuration which readily distinguishes them from other motor vehicles." He then went on to say since the "Walk Machine" fit this description, and that it was not a "motor vehicle", that none of the NHTSA's standards would apply to it.

The products I have in question both seem to fit into these guidelines, however I would like to get an official ruling on that by your office. Enclosed you will find sales brochures for both products which may prove helpful in understanding what each one entails.

The first product is a scooter called the "California Go-Ped". The Go-Ped resembles a small push scooter, with a 22.5cc 2 cycle motor mounted above the rear wheel. It is a small, foldable scooter with 6" diameter non-pneumatic tires, weighing 20 lbs . This scooter cruises at an average of 15mph, with a maximum of 20 mph.

The other "scooter" type product is called "TSi Power Scooter". Similar to the Go-Ped it too resembles a push scooter, however it has a slightly larger wheel diameter (14" inflatable tires), and is not foldable. This scooter is driven by a 21cc 2 cy cle motor mounted above the rear wheel, with a top speed of approximately 15mph. TSi Powered Sports also produces a few other models including a motorized "skateboard", and motors for mounting on a conventional bicycle. Any input on these other product s would be appreciated.

I want to try and clear up where exactly these products fit into MV regulations, so I can tell my customers exactly wher they can and can not opperate them. I have also written to get more information on state MV laws, and federal safety regulations applicable to these scooters. I appreciate and await a reply dealing with these products.

Brochures omitted.