Interpretation ID: aiam1281
President
Cycraft Company
Inc.
111 Monument Circle
Suite 1200
Indianapolis
IN 46204;
Dear Mr. Love: This is in reply to your letter of September 17, 1973, concernin Standard No. 218, 'Motorcycle Helmets.' The questions you ask are restated below.; >>>1. 'Is the attachment of the symbol DOT sufficient in itself t certify that the helmet meets the requirements of this act or must the manufacturer have independent supporting data available?'; The DOT symbol, when attached to the helmet, is the manufacturer' certification of the helmet's conformity with the requirements of the standard. Accordingly, because the manufacturer is required to exercise due care that such certification is accurate and true in every material respect, he would have the data necessary to support his certification.; 2. 'Is any form of certification filing required by your Department? I so, is the manufacturer's statement alone sufficient or must independent test data be included?'; No certification filing is required by the Department. 3. 'Will your Department undertake or supervise the independent testin of helmets to verify compliance with the Act? If so, will there be a limit on the age of the helmet used? Will manufacturers be asked to supply the helmet for testing or will your Department secure them from other sources and if so, what sources? Will the regulations apply to helmets manufactured prior to March 1, 1974, but yet unsold as of or after the date?'; 4. 'Will manufacturers, distributors, or dealers holding inventorie which do not meet the requirements of the Act because they were made prior to March 1, 1974, be permitted to sell them, be required to dispose of them, be subject to penalty if they do sell them or exactly what?'; Once any Federal Motor Vehicle Safety Standard becomes effective violations of such regulations are federally enforced. The National Highway Traffic Safety Administration (NHTSA) will purchase motorcycle helmets after the helmet standard becomes effective and test them for compliance. The standard will apply only to helmets manufactured on or after its effective date, it will not apply to helmets manufactured before its effective date but sold to the public after that date.; 5. 'Will pressure sensitive labels applied to the exterior of th helmet meet regulations of S5.6.1, 1 through 6?'; The standard requires that the labeling be 'permanently' affixed to th helmet. This language prohibits the use of labels that can be removed easily by hand without tools or chemicals, or that are in a location where it appears that their removal is expected by the manufacturer.; 6. 'What are the penalties for failure to comply and upon wha determination will the manufacturer be deemed to not be in compliance with the Act?'(sic) What form of notice will be given, what procedures shall take place and what burden of proof will be placed upon the manufacturer?'; Under section 109(a) of the National Traffic and Motor Vehicle Safet Act of 1966, whoever violates any provision of section 108, or any regulation issued under the Act, including selling nonconforming equipment, shall be subject to a civil penalty of not more than $1,000 for each violation to a maximum of not more than $400,000 for any related series of such violations.<<<; If the NHTSA determines that a case of noncompliance does exist, the the manufacturer is asked by notice letter to show cause (1) why a civil penalty should not be imposed against him and (2) why he should not correct the noncompliance. Most noncompliance matters are settled at this informal stage. However, if the parties do not agree to a compromise settlement, a formal proceeding under section 113(e) of the Act will be commenced. The manufacturer will be furnished all of the evidence upon which the agency's determination of noncompliance is based. At the 113(e) proceeding the manufacturer will be allowed to present his views regarding the agency's position. The entire record, including the agency's investigation file and the submission of the manufacturer will be forwarded to the agency Administrator for final determinitation (sic). If the Administrator determines that the noncompliance exists, he will direct the manufacturer to issue the defect notifications as required by section 113 and 49 CFR Part 577, and to file a defect report as required by 49 CFR Part 573. In addition, the manufacturer will be directed to pay an appropriate civil penalty.; A copy of the National Traffic and Motor Vehicle Safety Act of 1966 i enclosed for your information.; Yours truly, Richard B. Dyson, Assistant Chief Counsel