Interpretation ID: 86-3.45

TYPE: INTERPRETATION-NHTSA

DATE: 06/11/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Terry W. Wagar

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Terry W. Wagar Technical Services Bureau Division of Vehicle Safety Services Department of Motor Vehicles State of New York Albany, NY 12228 Dear Mr. Wagar:

This is in reply to your letter of December 27, 1985, with reference to the "Pulse" and "Litestar" motor vehicles. You have asked several questions regarding the registration category and highway safety records of these vehicles. I hope the following information will be helpful.

There are no Federal categories for vehicle registration. Each State is free to define vehicles as it wishes for registration purposes. The State definition need not conform to the Federal categorization assigned for purposes of the safety standards. However, regardless of how a State defines a vehicle, under the preemption clause of the National Traffic and Motor Vehicle Safety Act (15 USC 1392(d)) a State may not require compliance of that vehicle with a State standard that differs from a Federal safety standard covering the same aspect of conformance. Such a State standard must be identical with the Federal one. For example, a State could require a horn as a prerequisite to registration since there is no corresponding Federal requirement, but it could not require a motorcycle to be equipped with two headlamps, since Federal Standard No. 108 allows a manufacturer a choice of one or two headlamps.

With reference to the Litestar and Pulse vehicles, we understand that both vehicles have small outrigger wheels, which support the vehicles at rest. For purposes of compliance with the Federal motor vehicle safety standards, a "motorcycle" is a motor vehicle that is designed to travel on not more than three wheels in contact with the ground. If the outrigger wheels are used only to provide stabilization in turns while the vehicle is in motion, then we would view the vehicle as a "motorcycle' since it is designed to travel on not more than three wheels in contact with the ground. However, if this type of vehicle is designed to travel on all four wheels, or capable of it according to outrigger adjustment, the vehicle would not be a motorcycle, but would be a "passenger car" for purposes of compliance with the Federal motor vehicle safety standards. (See definition of "motorcycle" at 49 CFR Sec. 571.3(b)). We have not formally investigated these vehicles for compliance, nor do we have any information regarding their highway safety records.

You also asked whether the "Litestar" had been brought to our attention previously, The answer is yes, James Bede, the apparent originator of this type of vehicle, brought one to the headquarters of the Department some years ago and obtained our informal concurrence that it could be classified as a "motorcycle."

I hope that this is of assistance to you.

Sincerely,

Erika Z. Jones Chief Counsel

December 27, 1985

Ms. Erika C. Jones Chief Council NHTSA 400 7th Street S.W. Washington. D.C. 20590

Dear Ms. Jones:

The subject of my inquiry is a vehicle recognized by the trade names "Pulse" or "Litestar". Our concerns are:

1. How to register; Motorcycle or Motor Vehicle?

2. What if any are the highway safety records of this vehicle?

3. What is the opinion of the NHTSA regarding registration category and compliance with federal safety standards?

I understand that the "Litestar" has been brought to the attention of the Chief Council in the past. Is this correct?

I have enclosed some information on both the "Pulse" and "Litestar" for your reference.

Thank you for any assistance you may give us.

Sincerely, Terry W. Wagar Technical Services Bureau

TWW:nl Encs.