Interpretation ID: nht88-2.68

TYPE: INTERPRETATION-NHTSA

DATE: 07/12/88

FROM: WAYNE IVIE -- MANAGER, VEHICLE SUPPORT SERVICE SECTION, NHTSA

TO: NHTSA, OFFICE OF SAFETY COMPLIANCE/ENFORCEMENT

ATTACHMT: LETTER DATED DEC. 8, 1988 TO WAYNE IVIE, OREGON DEPT. OF TRANSPORTATION, FROM ERIKA Z. JONES, NHTSA

TEXT: On June 16th of this year, Oregon enacted a mandatory helmet law. Anyone riding on a motorcycle or moped on our highways must wear "approved" protective headgear.

Our agency adopted FMVSS 218, Motorcycle Helmets, as the minimum standard for helmets. Part S5.6.1 of the standard requires permanent and legible labeling of helmets, including the DOT symbol, to prove that a helmet meets that standard. Helmet manufactu rers apparently attach a sticker with the DOT symbol onto the back of the helmet.

Our office is receiving inquiries from individuals and police officers, who advise that on many helmets, this DOT sticker has fallen off or been removed by someone in order to paint the helmet, etc. They add that often there is no other labeling in or o n the helmet, so they can not determine that it meets any standard. (Is considered "approved" for use in Oregon.) To complicate this further, there is no manufacturer or brand name anywhere on the helmet, so contacting a dealer or manufacturer for infor mation is not possible. Advising someone to dispose of such a helmet and get another with proper labeling doesn't seem an appropriate answer, and may be just an undue expense for the motorcycle rider.

Are manufacturers allowed to use the DOT sticker only, with no other labeling, or is this being done in violation of FMVSS 218? (If the DOT sticker is now the only label used, we would definitely like to recommend that a permanently embossed DOT symbol somewhere in or on the helmet be also required.) Have you been advised of similar problems by other jurisdictions? Do you have suggestions on how we can resolve the situation of a helmet that appears to have been made in compliance with standard require ments, is in a good, undamaged condition, yet does not have any labeling?

Thank you for your help in this matter.