Interpretation ID: aiam4030
Esq.
33 N. Dearborn Street
Suite 1530
Chicago
IL 60602;
Re: Bartlett v. Wards Dear Mr. Bielinski: The National Transportation Safety Board has forwarded to us for repl your letter of August 29, 1985, asking for information on standards and other regulations regarding the design and manufacture of mopeds.; This agency, the National Highway Traffic Safety Administration, issue the Federal Motor Vehicle Safety Standards which all motor vehicles must meet upon manufacture and initial sale. 'Moped' is not a defined vehicle category under the safety standards but the defined category of 'motorcycle' covers all two-wheeled vehicles such as mopeds. These standards will be found at Title 49 Code of Federal Regulations Part 571 and the applicability section of each standard (either paragraph S3 or S3) will tell you whether it applies to 'motorcycles'. Standards have been adopted for motorcycle brake hoses, (571.106), lighting, (571.108), mirrors (571.111), vehicle identification number (571.115 and Part 565), brake fluids (571.116), tires (571.119), rims (571.120), braking systems (571.122), controls and displays (571.123) and glazing (571.205). Manufacturers must certify compliance with all applicable Federal motor vehicle safety standards (Part 567).; You will find that sections of some of these standards impose a lesse degree of performance upon 'motor-driven cycles'. These are motorcycles producing 5 horsepower or less, and thus include most mopeds of which we are aware.; The individual States are not preempted from having their own standard for area of performance not covered by Federal standards (for covered areas, however, State standards must be identical), and you may also wish to examine the laws of the jurisdiction in which the moped in your case was licensed or being operated.; A manufacturer is required to file an information statement with th agency within 30 days of commencing production (Part 566). If a vehicle fails to conform to a safety standard or contains a safety related defect, its manufacturer must notify the agency, owners and dealers, and remedy the problem (Part 573 and 577).; I hope that this information is useful to you. Sincerely, Erika Z. Jones, Chief Counsel