Interpretation ID: 19824.ztv

Mr. Ralph F. Ivey
45 East Oak Street
Willlits, CA 95490

Dear Mr. Ivey:

This is in reply to your letter of April 2, 1999, to Taylor Vinson of this Office asking whether Acting Chief Counsel Womack's interpretation of February 20, 1997, addressed to Brian Kimmel and regarding the Rotary Zodiac (RZ) motorized bicycle, applies to your unit, which has a smaller cubic capacity engine of 33cc.

We are frequently asked whether a bicycle equipped with a power assist is a "motor vehicle" subject to our jurisdiction, or simply a bicycle, regulated by the Consumer Product Safety Commission. We answer this question by examining the extent to which the power source assists the operator. Our letter to Mr. Kimmel (as is the case with all our interpretations) was based on the information that he presented to us in his request, and not on our actual inspection of or experience with the RZ. On this basis, we informed Mr. Kimmel that the RZ was not a "motor vehicle" as defined for purposes of compliance with the Federal motor vehicle safety standards. This opinion was not based on the cubic capacity of the power source, but on the conditions under which power was supplied. As we understood it, the power supplied by the RZ's motor assisted the bicycle operator in certain driving conditions, but was insufficient to propel the bicycle alone in the absence of muscular input by the operator. In other words, if the operator stops pedaling, the RZ will come to a halt.

You have enclosed a photocopy of an ad by Acimex USA, Inc., for a "bicycle assist." This appears to be aftermarket equipment for installation by the bike owner, consisting of a motor and a handlebar mounted throttle. When installed, the maximum speed of the bicycle is 40 km/h. The ad indicates that the unit "starts automatically and still allows normal pedaling."

Upon our review of this ad, we have concluded that a bicycle equipped with the Acimex system is a "motor vehicle." We further conclude that it is a "motorcycle" and that the person installing the motor is responsible for ensuring that the vehicle complies with all applicable Federal requirements.

Specifically, the Acimex system appears designed for full-time operation. Further, the fact that the system will "still allow pedaling" indicates that it is intended to propel the vehicle in the absence of muscular input by the operator. In other words, it appears that it is the operator who assists the power unit rather than the opposite. Under these circumstances, the bicycle will become a "motor vehicle" when the owner installs the Acimex system. It is a violation of 49 U.S.C. 30112(a) for any person to introduce a motor vehicle into interstate commerce unless it conforms to all applicable Federal motor vehicle safety standards. The standards that appear to apply to an Acimex-equipped bicycle are those for "motorcycles," and "motor driven cycles," a subcategory of motorcycle. We regard the initial operation of a motor vehicle on the public streets as an introduction into interstate commerce.

If you have any further questions, you may call Taylor Vinson at 202-366-5263.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:571
d.6/10/99