Products Liability Law Daily Wrap Up, NOTICES—MOTOR VEHICLES: Morgan petitions for inconsequential noncompliance determination for certain three-wheeled motorcycles, (Jan 14, 2014)

By Joe Bichl

The National Highway Traffic Safety Administration (NHTSA) received Morgan 3 Wheeler Limited’s request for inconsequential noncompliance for certain model year 2012 and 2013 Morgan M3W three-wheeled motorcycles that do not fully comply with paragraph S6 of Federal Motor Vehicle Safety Standard No. 205, “Glazing Materials” (NHTSA Notice, 79 FR 2507, January 14, 2014).

Vehicles involved. The manufacturer indicated that approximately 139 MY 2012 and 2013 Morgan model M3W three-wheeled motorcycles manufactured during the period August 1, 2012 to August 14, 2013, are included in its petition.

Noncompliance. Morgan explained that the noncompliance is that the wind deflectors on the vehicles do not have the markings required by FMVSS No. 205.

Summary of petition. Morgan argued that the noncompliance is inconsequential to motor vehicle safety for the following reasons:

1. The wind deflector fitted in the M3W uses glazing that conforms to item 6 ANSI 226.1–1996-windshields for motorcycles.

2. Morgan owners will go to Morgan dealers for replacement of the wind deflector.

3. The noncompliance is not likely to “increase the safety risk to individual occupants who experience the type of injurious event against which the standard was designed to protect.”

4. There have been no reports of any safety issues.

5. NHTSA has made inconsequential noncompliance determinations to other vehicles experiencing a similar noncompliance.

Companies: Morgan 3 Wheeler Limited

RegulatoryActivity: NoticesFR MotorVehiclesNews