Interpretation ID: nht88-3.58

TYPE: INTERPRETATION-NHTSA

DATE: 09/26/88

TO: BARRY FELRICE -- ASSOCIATE ADMINISTRATOR FOR RULEMAKING, NHTSA U.S. DEPT. OF TRANSPORTATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 06/09/89 FROM STEPHEN P. WOOD -- NHTSA TO BLANCHE KOZAK; REDBOOK A33 [2]; VSA 108 [A] [1] [A]; LETTER DATED 04/04/89 FROM NANCY L. BRUCE -- DOT TO CHESTER ATKINS -- HOUSE; LETTER DATED 03/29/89 FROM CHESTER G. ATKINS -- HOUSE TO NANCY BRUCE -- DOT, RE MRS. BLANCHE KOZAK; LETTER DATED 10/16/79 FROM EDWIN P. RIEDEL; REPORT UNDATED; LETTER DATED 08/09/88 FROM BLANCHE G. KOZAK TO DEPARTMENT OF TRANSPORTATION

TEXT: Dear Mr. Felrice;

On Dec. 9, 1980 my husband was involved in a fatal accident while driving a 3-wheel Cushman Vehicle, as a security guard, at the Lawrence General Hospital.

I have been informed by Ma. Secr. of Public Safety, Charles V. Barry that there are two basic designs for the Cushman Vehicle, one specifically for on-road use, categorized as a Police Vehicle and under the jurisdiction of the NHTSA as a motorcycle. The other an off-road unit which is not under the jurisdiction of the Registry of Motor Vehicles since the Registry is authorized to regulate only on-road Vehicles. According to Secr. Barry, the unit my husband was killed on is an off-road vehicle, ther efore, it does not come under the jurisdiction of the Registry of Motor Vehicles.

Enclosed you will please find an Oct. 16, 1979 copy of the Common-weath of Massachusetts, Registry of Motor Vehicles classification and Registration of the vehicle on which my husband was killed. As you can see it contradicts Secr. Barry's informatio n to me since it had been registered and passed inspection for on-road use as a Police Vehicle, on the Public Roadways.

On July 22, 1988 you sent Congressman Florio the following statement in regards to the Cushman Vehicle; "This vehicle is classified as a motorcycle under current definitions found in Code of Federal Regulations Vol. 49, Part 571.3." You further stated "Ma. is currently one of the States that has a motorcycle helmet use law for all riders."

After a Congressional Inquiry, Mr. Edward Harril, Director of Congressional Relations, sent Congressman the following information; "Our inquiry of the Vehicle's manufacturer indicates that the particular vehicle involved in this accident was indeed ce rtified for road use and would thus be considered a "motor vehicle" subject to the jurisdiction of NHTSA, and not the Commission, under 15 U.S.C. 2052 (A) (1) (C)."

Please be informed that none of the above regulations were made known to my husband, he was issued the vehicle by the Lawrence General Hospital as a motor vehicle requiring only his car license to operate and was not warned of the potential hazards in herent in the unit. I feel a determination should be made as to what agency should regulate the use of this vehicle on Public Highways and the person required to operate it should be warned of the hazards inherent in the unit.