Interpretation ID: 1982-2.29

DATE: 08/02/82

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Harris Enterprises

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of July 1, 1982, to Mr. Vinson of this office with regard to your "new motorcycle lighting system" and asking about possible conflicts with the Federal motor vehicle safety standards.

Your device is an "aftermarket accessory" light which may be mounted to a motorcycle helmet, and which is integrated by a cord into the motorcycle's headlighting system, providing an auxiliary beam of light in conjunction with the beam of light projected by the main headlamp.

Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, is the standard on vehicle lighting and lighting equipment while Standard No. 218, Motorcycle Helmets, is the other standard of relevance. Neither standard directly addresses an aftermarket device such as yours and as your lamp is intended to be installed by the helmet owner, it does not appear to conflict with any other regulatory prohibition of this agency. It would, therefore, be subject to regulation by the individual States in which the device is worn.

We see nothing in your correspondence that legally qualifies as "sensitive proprietary information", and our interpretation will be given its usual circulation.

SINCERELY,

Harris Enterprises

Taylor Vincent Chief Counsel DOT/NHTSA

July 1, 1982

Dear Sir;

Enclosed you will find a description of a new motorcycle lighting system and a copy of the utility patent protecting it.

At the suggestion of Dr. Carl Clark, NHTSA inventor contact, at our meeting of 4/15/82 at DOT, I am contacting you in order to clarify any possible areas of conflict with existing Federal regulations that this system presents.

One possible conflict that was discussed concerned Motor Vehicle Safety Standard Number 218 with regard to motorcycle helmets. Paragraph S5.5 states that "Rigid projections outside any helmet's shell shall be limited to those required for operation of essential accessories, and shall not protrude more than 0.19 inch." As evidenced by the enclosed descriptive material. the system clearly employs a detachable helmet mounted light source whose housing projects substancially beyond the 0.19 inch limit.

This helmet light is an aftermarket accessory which is detachably installed by the operator by means of Velcro- like, 3M Dual Lock self adhesive fasteners. This mounting system is to be engineered so as to allow the helmet light accessory to shear away from the helmet surface upon application of a force substantially less than that which might cause injury. Indeed, the only somewhat permanent projections applied to the helmet itself are the three self adhesive strips of Dual Lock fastener which engage three complimentary strips on the underside of the helmet light. These strips don't project more than 0.19 inch.

As there are not currently any standards directly regarding a helmet mounted light as described, which integrates with the standard lighting system, and may be mediated by a photo electric dimming system to prevent the blinding of oncoming drivers, I would appreciate your opinion as to whether standard headlamp regulations apply.

Dr. Clark has seen the product and is most aware of the properties it exhibits. Any questions you may have may be directed either to Mr. Clark or this office. Your opinions on the above points are of significant commercial interest to us, and your earliest consideration would be appreciated. Please treat everything exclusive of the patent itself as sensitive proprietary information.

William R. Harris, Jr.