Interpretation ID: 20078.ztv

Mr. Jacques Gurdjian
Vice President
J & B Importers, Inc.
P.O. Box 161859
Miami, FL 33116-1859

Dear Mr. Gurdjian:

This is in reply to your letter of May 17, 1999, with respect to the Miami EV3 Sun. You describe the vehicle as "an adult three wheel cycle, that is assisted by an electric motor." You ask whether the vehicle is subject to the Federal motor vehicle safety, bumper, and theft protection standards, and, if so, to be provided with a copy of the requirements.

For purposes of compliance with the Federal motor vehicle safety standards, a "motor vehicle" is one that is driven by mechanical power and manufactured primarily for use on the public streets, roads, and highways. Because the Miami EV3 Sun does not appear to have special features for operation off the public roads, we have concluded that it is a vehicle manufactured for use on the public streets.

We interpret the phrase "driven by mechanical power" with respect to vehicles equipped with a power assist and pedals to mean that this type of vehicle is a "motor vehicle" if it is able to operate using the power assist alone, without any muscular input. However, if the vehicle will not operate in the absence of any muscular input, we do not consider it "driven by mechanical power" within the meaning of the definition, and, therefore, this type of vehicle is not a "motor vehicle."

With respect to the Miami EV3 Sun, we note that the pedals are used to propel the vehicle to a speed of 2 miles per hour when "the electric motor will engage keeping the bike moving at a maximum speed of 9 mph." Further, the product literature you enclosed indicates that the Miami EV3 Sun has a range of 15 miles per charge without pedal assist. The latter feature is sufficient to make the Miami EV3 Sun a "motor vehicle" under our interpretations.

All three-wheeled motor vehicles are defined as "motorcycles" for purposes of compliance with the Federal motor vehicle safety standards. I enclose copies of our basic safety statute, 49 U.S.C. Chapter 301, and a document called "Requirements for Motorcycle Manufacturers."

The bumper and theft prevention standards apply only to "passenger motor vehicles." This category of vehicle does not include motorcycles. Therefore, bumper and theft prevention standards do not apply to the Miami EV3 Sun.

If you have further questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:571
d.7/1/99