Interpretation ID: nht92-8.45

DATE: February 25, 1992

FROM: L. Louis Raring -- Raring & Lipoff

TO: Jack Rice -- Chief Counsel, NHTSA

TITLE: Re: Motorcycle Helmet Law; Federal Motor Vehicle Safety Standard No. 218

ATTACHMT: Attached to letter dated 5/6/92 from Paul J. Rice to L. Louis Raring (A39; Std. 218)

TEXT:

Our office represents numerous clients who are involved with the recently-enacted motorcycle helmet law in California which requires compliance with Federal Motor Vehicle Safety Standard No. 218. We have been asked to give advice to manufacturers of helmets, potential manufacturers of helmets and individuals who are receiving tickets for wearing improper helmets.

I have had discussions with Ron Engle, Division Chief for Safety Counter measures at the Department of Transportation, John Lee, Chief Engineer, and Cathy Demeter in the General Law Division. It is my understanding that the Department of Transportation does not approve helmets but is more of a policing organization which tests and recalls helmets on a random basis. No one has been able to direct me to any policy documents, such as rules and regulations in the Federal Register, which would outline just what the Department of Transportation does regarding Standard No. 218.

There is a popular misconception in California among drivers, enforcement officers and manufacturers that the Department of Transportation actually approves helmets. It is my understanding in talking to people within DOT that DOT does not approve helmets and this is left strictly to the manufacturer to certify.

We are requesting a letter from your office outlining what DOT's policy is and its involvement with Federal Standard No. 218. We would appreciate any reference to any rules or regulations we can look up and copies of any policy statements which will help us to document what DOT's position is regarding approval of helmets under Standard No. 218.

If you have any questions, please give me a call. We anxiously await your response to this request.