Interpretation ID: nht74-1.37

DATE: 06/20/74

FROM: AUTHOR UNAVAILABLE; Lawerence R. Schneider; NHTSA

TO: Western Scooter Distributor

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 14, 1974, advising that the State of Virginia refuses to register the Ciao Moped "because there is no high beam."

Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, through its incorporation of SAE Standard J584, Motorcycle and Motor Driven Cycle Headlamps, allows motorcycles of 5 horsepower or less to be equipped with either one single beam or one multiple beam headlamp. Section 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 prohibits a State from having requirements that differ from Federal ones where the same aspect of vehicle performance is concerned. Therefore, a State law or regulation under which a motor driven cycle is barred solely because it is equipped with a single beam headlamp would be preempted and void, by Federal law.

Sincerely,

ATTACH.

June 14, 1974

Chief Counsel -- National Highway Traffic Safety Administration

Dear Sir:

Our firm imports Piaggio motor vehicle products for distribution through the United States. We are currently importing the Vespa Motorscooters and the Ciao Mopeds.

We have recently encountered problems on registration in the State of Virginia concerning the Ciao Moped. The only area in question concerns the headlight. The State of Virginia has refused to register these vehicles because there is no high beam.

It is our interpretation of Standard 108 that "motor driven cycles" do not require a high beam on their headlights.

We request clarification on this matter.

Very truly yours,

R. H. Remensperger -- President, WESTERN SCOOTER DISTRIBUTORS