Interpretation ID: aiam2832
Esq.
Investigative Services
Department of Public Safety
P.O. Box 1456
Atlanta
GA 30301;
Dear Mr. Brandeis: This is in reply to your letter of May 23, 1978, to Ms. Claybrook o moped helmets. You have informed us of Ga. L. 1978, Act 1476, which allows the Commissioner of the Deparment of Public Safety to develop a standard for 'moped' helmets different than that for a motorcycle helmet. You have asked whether NHTSA considers mopeds as motor vehicles 'as they relate to helmet use'. If so, must a moped helmet comply with Standard No. 218. Finally, if a separate State standard is allowable, you have asked whether Georgia could develop and implement its own standard for 'moped' helmets.; As defined in 49 CFR 571.3(b) a 'motorcycle' is 'a motor vehicle .. having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground'. We have no other definitions applicable to two-wheeled vehicles and, for purposes of compliance with the Federal motor vehicle safety standards, a 'moped' is a 'motorcycle'. Paragraph S2 of Standard No. 218 states that Federal requirements apply to helmets designed for use by motorcyclists and other motor vehicle users'. We view a moped operator as a 'motorcyclist' within the meaning of S2 and a helmet designed for use by a moped operator would have to comply with Standard No. 218. However, S2 continues by stating that Standard No. 218 applies only to 'helmets that fit headform size C' and that other sizes 'will not be covered by this standard until it is extended to those sizes by further amendment.'; Section 103(c) of the National Traffic and Motor Vehicle Safety Act (1 U.S.C. 1342(d)) prohibits a State from establishing a safety standard applicable to the same aspect of performance as an existing Federal safety standard if the state standard differs from it. In our view, this means that Georgia could not establish 'moped' helmet requirements for helmets that fit size C headformns, unless they were identical to the requirements of Standard No. 218, but it could issue and implement 'moped' helmet requirements for helmets that fit other size headforms, such as A, B, and D.; While this represents an interpretation under existing Federa regulations, Georgia could petition NHTSA for rulemaking to adopt a different headgear standard for moped helmets that fit size C headform if the State, pursuant to its legislature's authorization, developed what it believed to be a more appropriate requirement. I enclose a copy of our rulemaking procedures, 49 CFR Part 552.; If you have any further questions, we will be pleased to answer them. Sincerely, Joseph J. Levin, Jr., Chief Counsel