Interpretation ID: 20867.ztv

Sig. Alessandro Rotta
USA Project
Two Wheelers Platform
Vehicle Division
Piaggio & C. S.p.A.
Viale Rinaldo Piaggio 25
56025 Pontedera (Pi)
Italy

Dear Signor Rotta:

This is in reply to your fax of November 3, 1999, to Taylor Vinson of this Office.

You ask for a clarification of two issues related to the possibility of your company entering the American market with its motor scooters.

You first ask whether your equipment suppliers should perform tests in accredited laboratories, and, if so, which ones. You want to ensure, "if any accident occurs because of a component failure," that Piaggio "is relieved from the consequences and the supplier of the item will be considered solely responsible." You ask for suggestions in order to avoid such troubles.

Your question relates to the responsibility of a manufacturer under both the Federal law of the United States, and the separate laws of the individual states. Under Federal law, Piaggio must ensure that its motor scooters comply with all applicable Federal motor vehicle safety standards, and certify that the scooters meet those standards. We do not tell you how to ensure compliance and to certify. Piaggio may certify on the basis of test reports from its supplier, or it may conduct its own tests, or it may certify on a basis other than testing, such as conducting engineering or computer studies. We do not characterize laboratories as "accredited," nor do we make recommendations. However, for your information, we have used the following independent laboratories to conduct compliance testing for us, for the standards indicated. For Standard No. 108 (lighting equipment): CalCoast Analytical, Inc., P.O. Box 8702, Emeryville, CA 94662-0702 and Intertek Testing Service, P.O. Box 2040, Cortland, NY 13045-2040 ; Standard No. 111 (rearview mirrors): General Testing Laboratories, Route 1 Box 310, Colonial Beach, VA 22443; Standard No. 119 (tires): Smithers Scientific Services, Box 351, Ravenna, OH 44266; Standard No. 120 (rims): Veridian Engineering, Inc., 4455 Genesee Street, Buffalo, NY 14225, and General Testing Laboratories (see address above); and Standard No. 122 (motorcycle brake systems): Carter Engineering, 1134 Beech's Tavern Trail, Franklin, TN 37064. A more complete listing of independent laboratories which are conducting (or have conducted) tests for us is on our website at http://www.nhtsa.dot.gov/cars/testing/procedures/testlabs.html.

Piaggio must also ensure that the motor scooters are free of safety related defects. In the event that a noncompliance or safety related defect is deemed to exist in its vehicles, Piaggio is required to notify us and the owners of the motor scooters, and to remedy the problem, even if the noncompliant or defective component was manufactured by one of your suppliers.

Liability for accidents is a matter to be determined under the laws of the state where the accident occurred. In the event of a crash attributable to a defective component in a Piaggio, it is possible that both Piaggio and the component supplier would face action in a state court of law, even if the supplier had certified that component as complying with a Federal regulation. In short, there is no way that Piaggio can ensure that a supplier would be "solely" liable. There may be steps that Piaggio can take to reduce its exposure to liability, but that is not a matter on which we can advise you. To consider this matter further, Piaggio should consult a lawyer in the United States whose specialty is product liability law.

Your second question relates to motorcycle headlighting. You comment that S7.9 of Standard No. 108 and SAE J584 do not require any vertical or horizontal aiming mechanism for motorcycle headlamps, but that S7.8.2 does require it for "motor vehicles." You believe that this requirement does not apply to motorcycle headlamps and ask that we confirm your interpretation. You are correct. Although S7.8.2 states that "each headlamp shall be installed on a motor vehicle with a mounting and aiming mechanism ," we do not intend this paragraph to apply to motorcycle headlighting systems. These systems are covered by S7.9 and the certification requirements of S7.2(a). Although S7.9 allows motorcycles to be equipped with one half of a headlamp system used on four-wheeled motor vehicles, the headlamps need not be manufactured with aiming mechanisms if they are intended for motorcycle use (provided that these mechanisms are on the four-wheeled vehicle when such headlamps are installed). We have never required motorcycle headlighting systems to have aiming mechanisms, and we did not intend to create such a requirement when we issued S7.8.2.

I hope that this answers your questions.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref.108
d.12/6/99