Interpretation ID: suzuki

Mr. Kenneth M. Bush
Regulations Manager
American Suzuki Motor Corporation
3251 E. Imperial Highway
Brea, CA92821

Dear Mr. Bush:

This is in response to your letter of October 8, 2002, requesting an interpretation of the vehicle certification regulations at 49 CFR Part 567. You state that for the 2003 model year, Suzuki is planning to market two new motor scooter models in the United States.You note that for the purpose of the Federal motor vehicle safety standards (FMVSS), these vehicles are classified as motorcycles, but that they have certain physical attributes that differ from those of conventional motorcycles.In particular, you note that unlike motorcycles, motor scooters have a step-through design and body panels that completely cover the frame members.

You note that a provision of the certification regulations, at 49 CFR 567.4(e), requires the certification label for motorcycles to "be affixed to a permanent member of the vehicle as close as is practicable to the intersection of the steering post with the handle bars, in a location such that it is easily readable without moving any part of the vehicle except the steering system." You state that on conventional motorcycles, the certification label "is usually affixed to the steering post, or if the motorcycle is equipped with a fairing that obscures the steering post location, to an exposed frame member."You observe that on most motor scooters, "there are no exposed frame members that allow placement of [the] certification label" in such a manner that it is "easily readable without moving any part of the vehicle except the steering system." As a consequence, you have asked whether "a body panel that is not intended to be removed, and which is not readily removed" can be considered a "permanent member" of the vehicle for the purposes of section 567.4(e), and therefore an acceptable location for the placement of the certification label. To illustrate your question, you have included a photograph of a certification label affixed to what appears to be a molded panel between the foot rest and a storage compartment on the center line of the vehicle, which you describe as "a permanent body panel . . . reasonably close to the intersection of the steering post with the handlebars."

The term "permanent member" is not defined in the vehicle certification regulations. The intent of the regulations is that the certification label be affixed to an integral part of the vehicle, in a location where the label may be easily read. We are satisfied that these objectives will be met if the certification label on 2003 model year scooters you are planning to market in the United States is placed in the location you have proposed.

If you have any further questions regarding vehicle certification requirements, feel free to contact Coleman Sachs of my staff at 202-366-5238.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:567
d.10/24/02