Interpretation ID: aiam3534
United States Senate
Washington
DC 20510;
Dear Senator Abdnor: Your February 23, 1982, letter to Secretary Lewis on behalf of Mr. Ric Johnson has been referred to this office for reply. Mr. Johnson inquired about Federal regulations applicable to a motorcycle helmet which was worn by a person involved in a fatal accident and which Mr. Johnson believes to have been manufactured in 1979.; Federal Motor Vehicle Safety Standard No. 218, *Motorcycle Helmets* (4 Code of Federal Regulations Part 571.218), establishes minimum performance requirements for most helmets. The standard's applicability to a particular helmet depends on the date of manufacture and size of that helmet. The date of manufacture should be readily ascertainable. Paragraph S5.6.1 of the standard requires that the date and month of manufacture of each helmet subject to the standard appear on a permanent label affixed to the helmet.; The question of size is more complicated. As proposed, the standard wa to have applied to all helmet sizes. Compliance was to have been determined by placing the helmet on the appropriate headform (A, B, C or D, representing head sizes from small to large) and subjecting the helmet to certain tests. As initially implemented on March 1, 1974, the standard applied only to helmets which fit size C headforms since the other headform sizes were not available. Generally speaking, these were medium size helmets. As the enclosed notice explains, >>>'...helmets that fit headform size C' should be all helmets other than those that must be tested on the other headform sizes. To determine which helmets must be tested on a particular headform size, one follows the procedures of paragraph S6.1.3 of the standard.<<<; The other headform sizes did not become available as anticipated Consequently, the standard was extended to all helmets that can be placed on size C headforms. The substitution of 'placed on' for 'fit' brought all large helmets and many small helmets within the ambit of the standard. That extension became effective May 1, 1980. Again as explained in the enclosed notice, >>>'(p)laced' is a broader term than 'fit' primarily in that the former term does not imply any upper limit on helmet size.; Only small, child-size helmets (A) would be excluded since they coul not physically be placed on the size (C) headform. As noted in the procedures discussed above, normal fitting procedures would be used to determine if a particular helmet could be placed on the size 'C' headform, without the use of undue force.<<<; Thus, if the helmet mentioned in Mr. Johnson's letter was manufacture on or after March 1, 1974, and 'fits' the size C headform, it was required to comply with the standard. Likewise, if the helmet was manufactured on or after May 1, 1980, and can be 'placed on' the size C headform, compliance was required.; We have enclosed a copy of Standard No. 218 as it originally becam effective, as well as a copy of the amendment to the standard that became effective on May 1, 1980.; Sincerely, Frank Berndt, Chief Counsel