Interpretation ID: aiam1429
Vice President-Marketing
Bell Helmets Inc.
2850 East 29th Street
Long Beach
CA 90806;
Dear Mr. Coughlin: This is in reply to your letter of February 12, 1974, requesting definition for 'motorcyclists and other motor vehicle users' used in paragraph S1. *Scope*, of Federal Motor Vehicle Safety Standard No. 218, *Motorcycle Helmets*. You ask specifically what this phrase means relative to public thoroughfares, motorcycle race tracks, off-road public and private lands, and any other vehicles.; >>>'Motorcycle' is defined in 49 CFR Part 571.3 as-- 'a motor vehicle with motive power having a seat or saddle for the us of the rider and designed to travel on not more than three wheels in contact with the ground.'<<<; A 'motorcyclist,' then, would be any rider of a motorcycle as define above. 'Other motor vehicle users' means any occupant of a motor vehicle not a motorcycle. 'Motor vehicle' is defined in the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391(3)) as--; >>>'any vehicle driven or drawn by mechanical power manufacture primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.'<<<; Standard No. 218 applies to the manufacturers, distributors, an dealers of helmets to be used at least in part by motorcyclists or other motor vehicle users. The circumstances under which such helmets must be worn, however, is under the jurisdictional control of the respective States and their political subdivisions.; You also ask whether it is lawful to manufacture and sell helmets fo racing purposes that are designed to meet the Snell standard, irrespective of Standard No. 218. The answer is yes, if due care is taken by such manufacturers, distributors, and dealers to prevent non-conforming helmets from being introduced into interstate commerce for eventual use by motorcyclists and other motor vehicle users on the public streets, roads, and highways.; Yours truly, Richard B. Dyson, Assistant Chief Counsel