Interpretation ID: aiam2967
President
Derbi Motor Corporation of America
23011 Alcalde Drive
Suite A
Laguna Hills
California 92653;
Dear Mr. DeLeone: This is in reply to your letter of January 29, 1979, asking for a interpretation of Federal Motor Vehicle Safety Standard No. 123, *Motorcycle Controls and Displays*, as it pertains to Derbi Variant Mopeds. you have asked whether the Derbi's manual fuel shut-off control meets the requirements of the standard.; Table 1 of the standard specifies the location and method of operatio of the equipment items listed therein. For the manual shut-off control (Item 7), no location is specified. The method of operation set forth, however, is that the control must point forward to indicate 'Off,' downward for 'On,' and upward for 'Reserve' (if provided). This requirements appears intended for a control mounted vertically, such as on the side of the vehicle. A standardized operating method for a vertical mounted control is in the interest of safety since the operator will not be able to read its legends while seated at the primary controls.; "However, on the Derbi, the manual fuel shut-off control is mounte horizontally on the frame connecting the front and rear parts of the machine and in a position that appears to be visible to an operator seated at the controls. You have attempted to identify j it in the manner specified by the standard. We are of the opinion that, until Standard No. 123 specifies that the control be vertically mounted, the Derbi control may be located and identified as you have depicted it."; Sincerely, Frank Berndt, Acting Chief Counsel