Interpretation ID: 18464.ztv

Mr. Ralf Wohl
EMB Incorporated
6780 Depot Street
Sebastopol, CA 95472

Dear Mr. Wohl:

This is in reply to your fax of July 29, 1998, to Taylor Vinson of this Office with respect to your electric motorcycle.

Your first question is whether Federal Motor Vehicle Safety Standard (FMVSS) No. 123 Motorcycle Controls and Displays requires a motorcycle to be equipped with a supplemental engine stop control. The answer is yes; as you have noted, S5.1 states that "Each motorcycle shall be equipped with a supplemental engine stop control, located and operable as specified in Table 1" (our emphasis). You have also asked whether the operation of your control, as you have described it, "is adequate for this purpose." As you have also noted, "Operation - Column 3" of Table 1 is blank. This means that Standard No. 123 does not specify how the supplemental engine stop control shall be operated. This choice is left to the manufacturer but obviously it must be a control that provides an alternative means of stopping the engine. On your electric motorcycle, the primary stop control is the twist grip handlebar on which the throttle is returned to the off position. If the throttle sticks in the open position, the propulsion system may also be overriden and deactivated by application of the brakes. We view this as a "supplemental engine stop control" within the general meaning of the term.

You also tell us of your wish to manufacture motorcycles for a limited time using "an off the shelf 28V military headlamp that does not meet all the photometric requirements for a motorcycle per FMVSS 571.108," and ask whether a waiver is possible. I enclose a copy of our regulations (49 CFR Part 555) under which manufacturers of motor vehicles, including motorcycles, may apply for temporary exemptions from one or more of the Federal motor vehicle safety standards. However, this process takes from three to four months because of the necessity to publish a notice in the Federal Register asking for comments on the application.

This may not be responsive to your situation since it is possible that your technical difficulties will be solved by then. Other than Part 555, we have no authority to grant a waiver from compliance with Federal Motor Vehicle Safety Standard No. 108.

If you have any questions, you may call Mr. Vinson (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:123
d.11/12/98