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Interpretation ID: 24459.ztv

    Mr. Steve Karcz
    Helmetlight, Inc.
    P.O. Box 190151
    Anchorage, AK 99519


    Dear Mr. Karcz:

    This is in reply to your letter of May 20, 2002, with reference to your "Lead-Dog Helmet Light" intended for motorcycle operators.You asked whether there are "Federal issues" involved with it.

    You related that the Helmet Light "is wired to the motorcycles existing headlight, taillight, and brake light wires," and then, "attached to the riders helmet with VELCRO." You stated further that "our headlight is wired into the high beam wire of the motorcycle and controlled by the high/low beam switch." When the Helmet Light is on, "our housing illuminates red creating a second, more visible taillight atop the helmet." Finally, "our brake light is wired to the motorcycles brake light wire and activated by the brake light switch. . . ." We note from your website that the light source is described as a "35 watt halogen spotlight."

    I enclose a copy of an interpretation of this Office dated May 22, 1992, to Larry Nunn of Automotive Lighting Technologies regarding a similar invention. This letter will provide you with our views on the relationship to your invention of the laws that we administer. Our views remain the same today. However, the relevant statute was recodified in 1994. As a result, the statutory references in the 1992 letter have changed."Section 102(4) of the Safety Act (15 U.S.C. 1391(4))" defining "motor vehicle equipment," is now 49 U.S.C. 30102(a)(7). "Section 108(a)(2)(A)" relating to post-sale vehicle modifications has become 49 U.S.C. 30122. Finally, "sections 151-159 of the Safety Act (15 U.S.C. 1411-1419)" concerning recall and remedy are now 49 U.S.C. 30117-30121.

    In brief, Helmet Light is considered "motor vehicle equipment" under the Safety Act. There are no Federal motor vehicle safety standards (FMVSS) that directly apply to motor vehicle equipment that is designed to be attached to a motorcycle helmet and connected with the wiring system of a motorcycle. We are concerned, however, about the potential effects of Helmet Light on compliance of the helmet to which it is attached, with FMVSS No. 218, Motorcycle Helmets, and of the motorcycle with FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment, when Helmet Light is connected with the wiring system.

    Specifically, FMVSS No. 218 (S5.5) prohibits a motorcycle helmet from having a rigid projection on the outside of a helmet shell, except for "those required for operation of essential accessories, and shall not protrude more than 0.20 inch (5 mm)." We do not regard Helmet Light as an "essential accessory" within the meaning of the phrase. This means that a motorcycle helmet to which Helmet Light is attached would not comply with FMVSS No. 218. Under 49 U.S.C. 30112(a), it is a violation to manufacture for sale, sell, or offer for sale a motorcycle helmet that fails to comply with FMVSS No. 218. This means that a helmet may not be sold with Helmet Light attached, or as part of the sale of a new helmet. Whether it is legal for a person to operate a motorcycle while wearing a helmet with Helmet Light attached is not a Federal question, but a question to be answered under the laws of each jurisdiction in which Helmet Light is used.

    Individual items of lighting equipment on motor vehicles are required to meet specified minimum candela at certain specified test points. We would have a safety concern if connection of Helmet Light to the motorcycle lighting system in some manner reduced candela at any test point of any lamp below the minimum specified in the standard so that the motorcycle no longer complied with the specifications of FMVSS No. 108 when Helmet Light was operating.

    We are also concerned about the potential glare effects of the use of Helmet Light, which you further describe as a "35 halogen watt spot lamp." You advise on your web site "NEVER point spot lamp at another persons eyes, you may temporarily affect their vision."This caution indicates that there is a distinct possibility of glare when a motorcyclist wearing a Helmet Light turns his or her head side to the side when approaching a crossroads or corner, or when the light is projected into the interior and exterior rearview mirrors of a vehicle ahead. Glare is a current issue of great public concern, and the agency has received several hundred letters relating to headlamps and daytime running lamps.

    We would be especially concerned if the "35 halogen watt spot lamp" were distracting to the point that an oncoming driver would fail to notice the motorcycles front turn signals when they were operating. Lighting equipment other than that specified by FMVSS No. 108 is not permissible as original equipment if it impairs the effectiveness of required lighting equipment such as turn signal lamps. Although Helmet Light is not an item of original motorcycle lighting equipment, it becomes part of the overall motorcycle lighting and conspicuity package when it is used and there are sound safety reasons that the same principle should apply, that it not impair the effectiveness of the required lighting equipment.

    However, there is no Federal prohibition on the sale of Helmet Light as a vehicle accessory independent of the sale of a motorcycle helmet. As noted above, State laws determine whether it is legal to operate a motorcycle while wearing a Helmet Light.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    Enclosure
    ref:108
    d.9/23/02