Interpretation ID: Carlsson.1

Mr. Erik Carlsson
A & C Automotive consulting
Chester, NJ 07930-2637

Dear Mr. Carlsson:

This responds to your august 28, 2004, and september 4, 2004, letters in which you seek clarification as to whether a three-wheeled vehicle equipped with a "dump basket" would be classified as a truck or a motorcycle under our federal motor vehicle safety standards (fmvsss).Your letter stated that this vehicle is intended for on-road application, and you expressed your belief that the vehicle is "obviously designed for transport of cargo, specifically (household) garbage". Your letter also asked questions about the impact of the vehicles classification on certain requirements under fmvss no. 122, motorcycle brake systems, and fmvss no. 102, transmission shift lever sequence, starter interlock, and transmission braking effect.We are pleased to have the opportunity to answer your questions related to our regulations.

By way of background, the national highway traffic safety administration (nhtsa) is authorized to issue fmvsss that set performance requirements for new motor vehicles and items of motor vehicle equipment.If a manufacturer determines that its product is covered by one or more of our safety standards, it must certify compliance of the product with all applicable fmvsss prior to offering such product for sale.

Pursuant to the definition of "motorcycle" set forth in 49 cfr 571.3, all three-wheeled motor vehicles are classified as motorcycles, regardless of their nature.Tthe pertinent portion of that section reads as follows:

Motorcycle means a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.

Any three-wheeled vehicle that conforms to the above definition must meet all standards applicable to motorcycles.

Because the vehicle in question appears to conform to the definition of a "motorcycle" under our regulations, we believe that it would be classified as a motorcycle and would be subject to all fmvsss applicable to motorcycles.We note that this definition of "motorcycle" is broader in scope than the everyday usage of that term.Accordingly, it would be expected to cover a variety of vehicle designs that look and are employed differently.

As your letter suggests, the classification of a vehicle is important because it affects the fmvsss with which the vehicle must comply.Once classified as a motorcycle, we look to the fmvsss to determine requirements applicable to the vehicle in question.In terms of the specific safety standards mentioned in your letter, the requirements of fmvss no. 102 would not apply, because that standard is limited to passenger cars, multipurpose passenger vehicles, trucks, and buses.However, the vehicle would need to comply with the requirements of fmvss no. 122, including those in paragraph s6.1 specifying that the vehicle be tested at its unloaded vehicle weight plus 200 pounds.

If you have further questions, please feel free to contact eric stas of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

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d.10/26/04