Interpretation ID: 20271.ztv

Mr. Gary Starr
Zap Bikes
117 Morris Street
Sebastopol, CA 95472

Dear Mr. Starr:

This is in reply to your email of July 7, 1999, to the National Highway Traffic Safety Administration (NHTSA) Webmaster asking two questions.

You first asked "What distinguishes electric powered toys such as ride on Perego and Power wheels from motor vehicles?"

We are not familiar with "electric powered toys such as ride on Perego and Power wheels." In brief, our principal safety statute defines a "motor vehicle" in pertinent part as a vehicle that is driven by mechanical power and manufactured primarily for use on the public streets, roads, and highways (see 49 U.S.C. 30102(a)(6)). Manufacturers of children's wheeled powered toys do not manufacture them for on-road use, nor do states license these toys for on-road use. In contrast, powered bicycles are intended by their manufacturers intend to be operated on the public roads and are licensed by states for on-road operation. These powered bicycles are "motor vehicles," as we have previously advised you. We would be pleased to advise you further if you wish to provide us with a fuller description of the vehicles about which you have asked.

Your second question is "What do electric powered mobility scooters that are used for the disabled come under? Are these toys? Or motor vehicles?"

We do not consider single-seat low-speed electric powered mobility vehicles to be manufactured primarily for use on the public roads within the meaning of the statutory definition of motor vehicle. Because they are not motor vehicles, they are not subject to our jurisdiction. This means that the Consumer Product Safety Commission has jurisdiction over mobility vehicles.

I hope that this answers your questions.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:571
d.8/19/99