Interpretation ID: nht95-2.6

TYPE: INTERPRETATION-NHTSA

DATE: March 20, 1995

FROM: Malcolm Bricklin -- President, The Electric Bicycle Company

TO: Ricardo Martinez -- Administrator, NHTSA

TITLE: Re: Petition for Exemption

ATTACHMT: ATTACHED TO 4/8/95 LETTER FROM PHILIP R. RECHT / JOHN WOMACK TO MALCOLM BRICKLIN (A43; PART 555)

TEXT: Dear Mr. Martinez:

The Electric bicycle Company is located at 17351 West Sunset Boulevard, Pacific Palisades, Los Angeles, CA 90272. It was incorporated in the State of Nevada.

This is a petition to be exempted from two Federal Motor Vehicle Safety Standards for electrically assisted bicycles that we intend to manufacture, the "EV Warrior". The basis of the petition is that compliance with the standards, in this instance, will constitute a greater hazard to the general public and will result in more accidents caused by operator error than the alternatives that we propose. The standards for which the exemptions are requested are both set forth in:

Standard No. 123, Motorcycle controls and displays.

As you can tell from the enclosed Product Profile, the EV Warrior is essentially a multi-speed bicycle with an attached electric motor that drives the rear wheel through a friction drive wheel against the rear tire. The transmissions of each power sourc e are completely separate. Whereas the bicycle employs 6 to 21 speed derailleur shifting, the electric assist motor has no gears and no clutch. Without the electric assist motor - which can be easily removed, the device is a fully functioning bicycle an d would fall under the regulations of the Consumer Product Safety Act.

Our target market is minors and young adults whose experience riding two-wheelers derives from bicycles rather than motorcycles. In 1993, 13 million bicycles were sold in the United States compared with 488,000 motorcycles in the same year. To prevent operator error in the motoring environment, controls should be consistent with what bicycle riders have become accustomed. Two MVSS Standards are contrary to bicycle operation: Location of front and rear brake levers and use of a twist grip throttle.

The CPSC requires that the front brake be located on the left handlebar and the rear brake on the right handlebar [16 CFR 1512, Standards for Bicycles, Part 1512.5 Braking System, subsection (b) (8)] However, MVSS Standard 123, S5.2.1 Control location an d operation, requires that "If a motorcycle is equipped with a supplemental rear brake control, the control shall be located on the left handlebar."; and in Table 1., item 10. that the front wheel brake be located on the left handlebar. We believe that this regulatory inconsistency poses a serious threat to the safety of the riders of our bicycles and other road users.

MVSS Standard 123, S5.2.1 Control location and operation, Table 1., item 8. mandates a twist grip throttle on the right handlebar. though there is no CPSC mandate, more than 50% of bicycles sold through independent bicycle dealers in the united states l ast year were equipped with twist grip derailleur shifters on the handlebars. This is one of the fastest growing trends in the bicycle industry as these sales are double the sales volume of the year before. "Grip Shifters" are also sweeping the interna tional market. (For further information, we refer you to OEM Sales, SRAM Corporation/Grip Shift, 361 W. Chestnut, Chicago, IL, 60610, Telephone: 312-664-8800, Facsimile: 312-664-8826).

In addition, we have found that by using a thumb operated potentiometer throttle that self closes to stop upon release, the operator: 1.) more naturally releases the throttle when reaching for the brake; and, 2.) generally tends to rely less upon the electric assist and more on their own effort to power the bicycle.

A denial of our petition would confuse and endanger the very public the MVSS are designed to protect. Granting the exemption would be in the public interest and consistent with the National Traffic Safety and Motor Vehicle Safety Act by allowing the use of controls that are standard to the great majority of prospective users.

We intend to introduce an entire generation to electric vehicles. Most kids are experienced with bicycles. Electric bicycles will allow the smoothest and most natural transition to electric vehicles.

With your cooperation, we will quickly bring to market a vehicle that is safe and effective, and will dramatically reduce air pollution, traffic congestion and depletion of non-renewable fossil fuels all while improving the health of the rider.

Brochure omitted.