headlights... who needs them? Morgan says theirs (2012 -2013) don't comply with US regs, but they say: noncompliance of the subject vehicles is inconsequential to motor vehicle safety

V. Summary of Morgan's Analyses: Morgan stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons:

In addition, Morgan knows of no reports of injuries or other safety issues in the US or the rest of the world caused by the subject noncompliance.

Morgan believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted.

In its petition, Morgan also requested that NHTSA amend the headlamp spacing requirements in FMVSS No. 108 during future rulemaking.

This request cannot be considered as part of the instant petition as filed under 49 CFR part 556. However, Morgan may consider petitioning the Agency for rulemaking.The appropriate type of petition to request a change in a rule is one filed under 49 CFR Part 552 Petitions for Rulemaking, Defect, and Non-Compliance Orders. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, any decision on this petition only applies to the vehicles that Morgan no longer controlled at the time it determined that the noncompliance existed. However, a decision on this petition cannot relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, introduction or delivery for introduction into interstate commerce of the noncompliant motor vehicles under their control after Morgan notified them that the subject noncompliance existed.

Back to Top 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and 501.8.
 Issued on: December 2, 2013.
Claude H. Harris, Director, Office of Vehicle Safety Compliance.

Morgan contends that the noncompliance is inconsequential as it relates to motor vehicle safety on the basis that the lamps meet the substantive requirements of FMVSS No. 108, the technical requirements of FMVSS No. 108 and that the current horizontal spacing of 29 inches is in the best interests of road safety, Morgan owners almost exclusively go to Morgan dealers for replacement parts, and if the M3W were compliant with the existing motorcycle head lamp spacing requirement, other road users would not have an accurate indication of the width of an oncoming M3W.

All parsed from https://www.federalregister.gov/articles/2013/12/09/2013-29249/morgan-3-wheeler-limited-receipt-of-petition-for-decision-of-inconsequential-noncompliance


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