Interpretation ID: aiam3762
Reilly Manufacturing
P.O. Box 51
Mt. Vernon
IA 52314;
Dear Ms. Reilly: This responds to your letter asking whether a motorcycle helme fastener your company produces, called 'Alpha Clip,' complies with Federal requirements.; By way of background information, this agency does not give approval of vehicles or equipment. The National Traffic and Motor Vehicle Safety Act places the responsibility on the manufacturer to ensure that its vehicles or equipment comply with applicable standards.; Safety Standard No. 218, *Motorcycle Helmets*, includes various minimu performance requirements for motorcycle helmets. The only requirement directly relevant to your fastener is the retention test, which is set forth at section S5.3. The letter you enclosed from the University of Southern California suggests that the clip passes that test.; I would note that Standard No. 218 only applies to new motorcycl helmets and not to replacement equipment for motorcycle helmets. Thus, unless your clip was sold as part of a new motorcycle helmet, the requirements of Standard No. 218 would not be directly applicable. (Please note, however, that the agency discourages helmet users from modifying their helmets. Section S5.6.1 of the standard requires that the following instruction be placed on helmets: 'Make no modifications....'); I would also note that should a safety- related defect be discovered i your device, whether by the agency or by yourself, you as the manufacturer would be required under sections 151 *et seq*. of the Act to notify owners, purchasers, and dealers and provide a remedy for the defect. These provisions apply regardless of whether the device is covered by a safety standard. A copy of the Act is enclosed.; Sincerely, Frank Berndt, Chief Counsel