Interpretation ID: hendrixMS_law_v2

Mr. William R. Hendrix
6790 Riverdale Road
Horn Lake, MS 38637-1518

Dear Mr. Hendrix:

This responds to your letter in which you ask if the State of Mississippis motorcycle helmet law is preempted by Federal Motor Vehicle Safety Standard (FMVSS) No. 218, Motorcycle helmets. We regret that we are unable to answer your question at this time.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSS) that apply to the manufacture and sale of new motor vehicles and motor vehicle equipment (49 U.S.C. Chapter 301). Section 30103(b) of that Chapter states that when an FMVSS is in effect, a State may prescribe or continue in effect a standard applicable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the Federal standard. (There is an exception for state standards applicable to vehicles or equipment procured for the States own use that imposes a higher level of performance than the FMVSS. )

In your letter, you state that you believe Mississippis helmet law to be pre-empted by 30103(b) because the state standard requires use of a helmet inspected and approved by the American Association of Motor Vehicle Administrators (AAMVA). You further state that AAMVA no longer "inspects and approves" motorcycle helmets.

We have been unable to reach Mississippi state officials for more information about Mississippis motorcycle helmet law. We cannot address the preemption issue without more information. If you can provide further information, you may contact Mr. Chris Calamita of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:218#VSA
d.12/22/04