Interpretation ID: nht88-2.92

TYPE: INTERPRETATION-NHTSA

DATE: 08/09/88

FROM: BLANCHE G. KOZAK

TO: CHIEF COUNCIL LEGAL DEPT. U.S. DEPT. OF TRANSPORTATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 06/09/89 FROM STEPHEN P. WOOD -- NHTSA TO BLANCHE KOZAK; REDBOOK A33 [2]; VSA 108 [A] [1] [A]; LETTER DATED 04/04/89 FROM NANCY L. BRUCE -- DOT TO CHESTER ATKINS -- HOUSE; LETTER DATED 03/29/89 FROM CHESTER G. ATKINS -- HOUSE TO NANCY BRUCE -- DOT, RE MRS. BLANCHE KOZAK; LETTER DATED 09/26/88 FROM BLANCHE KOZAK TO BERRY FELRICE; LETTER DATED 10/16/79 FROM EDWIN P. RIEDEL; REPORT UNDATED

TEXT: Dear Sir/Madam;

Please be informed that I spoke to Ms. Williams, Supervisor NHTSA, on Aug. 9, 1988 and was advised to request a written statement from the Legal Dept. in regards to the Cushman Vehicle, Model #404. It is my understanding that the "on-road Cushman Veh icle is classified as a motorcycle under the current definitions found in the Code of Federal Regulations, Vol. 49, Part 571.3." by Barry Felrice of the Dept. of Transportation on July 22, 1988 to Rep. James J. Florio.

My question is in regards to the Model # 404 which is the Off-road design manufactured by O.M.C. Lincoln Cushman-Ryan and sold by The Sawtelle Bros. for on road use in the Commonwealth of Massachusetts. When and by whom was this vehicle authoruzed fo r on road use as a motor vehicle and not a motorcycle.

This information was requested of me by my State Senator for the purpose of having it in writing to present to the committee in the process of filing a bill on the State Level to have these Cushman Vehicles regulated in the Commonwealth of Massachuset ts.

My Husband was killed on a Cushman Model # 404 while working for the Lawrence General Hospital on Dec. 9, 1980. This vehicle was sold to the LGH for on road use, for further information you may refer to my report of the accident to NHTSA on June 11, 1988.

Thank you very much for your anticipated response to my plea.

Gratefully yours