Interpretation ID: aiam1703
Vice President - Marketing
Bell Helmets Inc.
2850 Long Beach
CA 90806;
Dear Mr. Coughlin: This responds to your letter of November 14, 1974, asking whether FMVS 218 applies to helmets intended for use by riders of moped cycles.; The answer to your question is yes. Standard 218 applies to 'helmet designed for use by motorcyclists and other motor vehicle users.' A 'moped' is a 'motor vehicle' (15 U.S.C. 1391), it is also a 'motorcycle,' and specifically a 'motor-driven cycle' (49 CFR 571.3). Since a motorcyclist is any rider of a motorcycle, Standard 218 clearly applies to helmets designed for use by motor driven cycle riders.; As you are probably aware, the States and their political sudivision have jurisdiction over the circumstances under which helmets must be worn. Thus a State could conceivably exclude motor-driven cycles from the coverage of its helmet use law. But this would not affect the obligation of your company to manufacture to comply with Standard 218 all helmets which you intend to be used in connection with the operation of a motor vehicle.; Yours truly, Richard B. Dyson, Acting Chief Counsel