Interpretation ID: 3066yy
5414 Robin Road
Garland, TX 75043
Dear Mr. Stansell:
This responds to your letter requesting information about the labeling requirements in Federal Motor Vehicle Safety Standard No. 218, Motorcycle Helmets (49 CFR 571.218). You posed two questions.
First, you asked if it was true that "the law does not prohibit anyone from removing a DOT sticker?" The DOT sticker to which you refer is the helmet manufacturer's certification that the helmet complies with Standard No. 218. Federal law prohibits any manufacturer, distributor, dealer, or repair business from removing the certification from the helmet. Federal law does not prohibit individual owners from removing the DOT certification from their own motorcycle helmets, but State law may do so. You will need to contact officials in the State of Texas to learn if there is such a prohibition in your State.
Second, you asked if it was true that a "large number" of motorcycle helmets manufactured before October 3, 1988 are not considered in violation of Standard No. 218 even though they do not have the DOT certification sticker. It is true that not all helmets manufactured before October 3, 1988 were subject to Standard No. 218. Those helmets that could not fit on the test headform (typically the small and extra small helmets) were not subject to the standard, and were not labeled with a DOT certification. However, the total population of helmets that were too small to fit on the headform was only approximately 10 percent of all helmets. The remaining 90 percent of helmets manufactured before October 3, 1988 were subject to Standard No. 218 and were required to be certified by means of a DOT sticker. All motorcycles helmets manufactured on or after October 3, 1988 are required to be certified as complying with Standard No. 218.
For your information, I have enclosed two of our interpretation letters that provide detailed responses to the issues raised in your letter. These two letters are a December 8, 1988 letter to Mr. Wayne Ivie of the Oregon State Department of Transportation and a December 4, 1987 letter to Mr. Larry Hoppe. I have also enclosed a NHTSA information sheet on motorcycle helmets.
I hope this information is helpful. If you have any further questions or need additional information, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosures /ref:218 D.6/28/91