Interpretation ID: 1985-01.23

TYPE: INTERPRETATION-NHTSA

DATE: 01/29/85

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Eddie Cole Answer Products, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Eddie Cole Answer Products, Inc. 27967 Beale Court Valencia, CA 91355

Dear Mr. Cole:

This responds to your letter regarding the importation of motorcycle helmets by your company from Italy.

Federal Motor Vehicle Safety Standard No. 218, Motorcycle Helmets, applies to helmets designed for use by motorcyclists and other motor vehicle users. You stated in your letter that there is a DOT "approval sticker" on the helmet and that your company's name is clearly displayed on the helmet. Standard No. 218 requires that each helmet be permanently and legibly labeled with the manufacturer's name or identification, model designation, size, month and year of manufacture, and the symbol DOT. The DOT symbol does not indicate approval of any helmet by the Department of Transportation. Instead, the DOT symbol represents the manufacturer's certification that the helmet meets all the requirements of Standard No. 218. A copy of this standard is enclosed for your information.

As an importer, your company is also considered a manufacturer under the provisions of the National Traffic and Motor Vehicle Safety Act which is administered by this agency. Therefore, either your company's name or the Italian manufacturer's name should be af fixed to each helmet. Your company and the Italian manufacturer are both responsible for any defect in the helmet or failure to comply with the standard's requirements.

You asked about other regulations of which you should be aware. Copies of these are enclosed:

49 CFR Part 551--Procedural Rules (Subpart D--Service of process on foreign manufacturers and importers). 49 CFR Part 566--Manufacturer Identification.

If you need additional information, please contact this office.

Sincerely,

Frank Berndt Chief Counsel Enclosures

December 11, 1984

N.H.T.S.A. Office Chief Council 400 7th St. S.W. Washington, D.C. 20690 Attn: Mr. Frank Berndt

Dear Mr. Berndt

Please let me introduce our company to you. We are, Answer Products, 27967 Beale Ct., Valencia, Ca., 91355.

We currently are importing helmets from Italy. The helmet does have a D.O.T. approval sticker on it, but the manufacturers name is not displayed on the helmet. Our name is clearly displayed on the helmet.

We do have a product liability insurance policy, from the manufacture for, $5,000,000 and our own policy for $2,000,000.

I need to know if there is any other special regulations that we need to be aware of, and also if the manufacture name should be displayed on each helmet?

My secretary spoke to a agent in your office this morning and he mentioned a standard 218, which I am not familiar with. Is there any way you could send me a copy of this?

I would appreciate any information you could forward to me concerning this. Thank you for your prompt attention to this matter.

Sincerely,

Eddie Cole V.P. Answer products, Inc. EC:sc