Interpretation ID: aiam2147
Esq.
Assistant Attorney General
Criminal Divison (sic)
State of Maine
Department of the Attorney General
Augusta
ME 04333;
Dear Mr. Raymond: We have received copies of correspondence between you and Leonard A Fink, Washington counsel for Bombardier/Puch motorized bicycles, concerning requirements of the State of Maine for motor driven cycle headlamps. I understand that Mr. Fink as provided you with a copy of my letter of September 17, 1975 to him. Mr. Fink has asked that I write you directly concerning our views on Federal preemption of State motor vehicle safety standards.; At issue is whether the State of Maine may continue to requir motorcycles of 5 horsepower or less to be equipped with multiple beam headlamps. In my letter to Mr. Fink I stated:; >>>'Any motorcycle with 5 horsepower or less manufactured on or afte January 1, 1969, may be equipped with either a single or multiple beam headlamp (Table III, Standard No. 108, incorporating by reference SAE Standard J584, *Motorcycle and Motor Driven Cycle Headlamps*, April 1964. See Table I of J584. This means, pursuant to 15 U.S.C. 1392(d) that a State is preempted from requiring a motorcycle with 5 horsepower or less to be equipped with a multiple beam headlamp if its manufacturer has equipped it with a single beam one'.<<<; You replied to Mr. Fink on November 7, 1975 that >>>'Table I appears to be inconclusive . . . . The most reasonabl interpretation . . . is that motor driven cycles at high beam frequently utilize both the upper beam of the multiple beam light and a additional single beam light, whereas motor driven cycles at low beam may use the lower beam of the multiple lights (Table II of J584). At any rate, I have not found any clear preemptive language such as we find with regard to turn signal lamps in Standard No. 108 S 4.1.1.26.'<<<; There are actually four different permissible lighting configuration available for motor driven cycles. The 'multiple beam light and an additional single beam light' to which you refer is one of them, specifically the 'one 5 3/4 inch Type 1 and one 5 3/4 inch Type 2 sealed beam units' referred to in SAE J584's *General Requirement*. But the photometrics of Table I do not refer to this configuration, whose photometrics are those of J579. As a practical matter motor driven cycles will rarely if ever be equipped with more than one headlamp because of the severe drain on their low power reserve. In recognition of the limited generating capability of motor cycles with 5 horsepower or less, J584 does allow use of a single beam headlamp as the sole forward lighting source. The texts of the sections on *Beam Aim During Photometric Test* and *At-Focus Tests* refer specifically to test methods for single beam headlamps, and while the standard could be even more specific, its requirements appear to be generally understood by manufacturers and law enforcement officials. It is not a prerequisite for preemption that there be language in the body of Standard No. 108 specifying allowable headlamp systems for motor driven cycles. Where, as here, the area of motor driven cycles. Where, as here, the area of motor driven cycle headlighting is clearly covered by Standard No. 108, a State must allow all four headlighting systems and cannot require only one of them.; If Maine officials would like the NHTSA to consider changing thes existing Federal requirements for motor-driven cycles, they should submit a petition for rulemaking pursuant to 49 CFR Part 552 for an amendment to Standard No. 108.; If you have any further questions I would be pleased to answer them. Sincerely, Frank Berndt, Acting Chief Counsel