Interpretation ID: 1982-3.27

TYPE: INTERPRETATION-NHTSA

DATE: 12/07/82

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Performance Vehicles Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of November 15, 1982, to Mr. Fairchild of this office, asking how the National Highway Traffic Safety Administration classifies the "Trihawk" three-wheeled motor vehicle for purposes of the Federal motor vehicle safety standards and other regulations.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) defines a motor vehicle, in pertinent part, as "any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways . . . ." (1391(3)). From the brochure you enclosed, the Trihawk appears to be manufactured for use on the public roads and, hence, is subject to the Federal safety standards, and to other regulations such as those requiring notification and remedy in the event the vehicle fails to comply with any applicable safety standard or incorporates a safety-related defect (1411 et seq.).

Agency regulations (49 CFR Part 571.3(b)) define a "motorcycle" as "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." The standards applicable to "motorcycles," therefore, are those that the three-wheeled Trihawk must meet.

SINCERELY,

ATTACH.

PERFORMANCE VEHICLES INC.

November 15, 1982

Roger Fairchild -- Council, National Highway Traffic Safety Administration

Mr. Fairchild,

Please recall our telephone conversation of 11/16/82. In that exchange we discussed the state of Illinois' view on the classification of our Trihawk motor cycle.

Enclosed you will find Trihawk sales brochures for your inspection.

This letter is written in request of you, on behalf of the National Highway Traffic Safety Administration, to state the classification of our vehicle with respect to existing F.M.V.S.S. and other applicable statutes.

Our hearing date is 12/13/82 in Springfield, I1. Please attend to our request at your soonest possible convenience, as our attorney needs preparation time with your document and others.

Please telephone me if there are any questions or problems with this request.

Thank you for your attention to this matter.

Sincerely yours,

Richard M. Kleber -- Engineering Manager