Interpretation ID: aiam1911
President
Safety Helmet Council of America
9841 Airport Boulevard
Suite 1208
Los Angeles
CA 90045;
Dear Ivan: This is in response to your recent letter requesting clarification o two points concerning motorcycle helmet dealers' responsibilities under Standard 218.; You ask first about the penalties which would apply to 'dealers wh knowingly sell non DOT labeled helmets for on-road use.' Section 108 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397) reads in pertinent part:; >>>'No person shall...sell, offer for sale, or introduce or deliver fo introduction into interstate commerce, or import into the United States any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this subchapter unless it is in conformity with such standard ...'<<<; Section 109 of the Act (15 U.S.C. 1398) provides for civil penalties o up to $1000 for each violation, up to a maximum of $800,000 for any related series of violations. Each sale or offer for sale constitutes a separate violation of the Act.; As you know, Standard 218 applies only to helmets fitting the size headform and manufactured after February 28, 1974. Thus, dealers may continue to sell size C helmets manufactured before March 1, 1974. We have taken the position that any helmets designed to fit a range of head sizes that includes the approximate dimensions of the size C headform must meet the requirements of Standard 218. A helmet is considered not to fit a size C headform only if it is clearly intended by its manufacturer to be used only by persons whose heads are either larger or smaller than the size C headform.; With regard to racing or other off-road helmets we have taken th position that such helmets must be clearly and prominently labeled as not for use on public highways. The following label was considered acceptable:; >>>IMPORTANT: THIS HELMET IS MANUFACTURED FOR RACING AND SIMILA OFF-ROAD SPORTS ONLY, AND IS NOT REGULATED BY THE U.S. DEPARTMENT OF TRANSPORTATION. IT IS NOT FOR USE ON PUBLIC STREETS, ROADS AND HIGHWAYS.<<<; You ask further whether helmet manufacturers must keep records of firs purchasers. The answer is no. NHTSA believes that keeping such records is a sound business practice which is generally necessary in connection with a responsible warranty program, but this agency presently requires such recordkeeping only by motor vehicle and tire manufacturers, not by equipment manufacturers.; I enclose a copy of the Act which incorporates the 1974 amendments. I I can be of further assistance in your worthwhile and much needed educational program please let me know.; Yours truly, Richard B. Dyson, Assistant Chief Counsel