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Interpretation ID: shokspotr

    Mr. Gregory S. Beck
    Engineering
    Yorba Safety Concepts, LLC
    15581 Product Lane, Unit C5
    Huntington Beach, CA 92649


    Dear Mr. Beck:

    This responds to your letter requesting information about the relevant safety standards for the "Shok-SpotRTM," a product designed to detect impacts that may have resulted in damage to a motorcycle helmet. The information you provided states that the Shok-SpotR is a "helmet impact sensor intended to raise the publics level of awareness to helmet impact damage and to visually warn helmet users of potential damage. "The instructions for the product indicate that the sensor is attached to the helmet on the "helmets centerline on the rear half of the helmet, behind the apex or highest point on the helmet. "Your website states that the sensor "mounts on your helmet shell permanently and easily, in a small, attractive, ultra-lightweight housing."

    By way of background, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not approve or certify any vehicles or items of equipment. Instead, Congress has established a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

    NHTSA has issued Federal Motor Vehicle Safety Standard (FMVSS) No. 218, "Motorcycle Helmets," to reduce deaths and injuries to motorcyclists and other motor vehicle users resulting from head impacts. Each new motorcycle helmet must be certified as complying with the requirements of Standard No. 218. If the Shok-SpotR were sold as part of a motorcycle helmet, the helmet would be required to comply with all of the requirements of the standard with the Shok-SpotR attached.

    We believe that a new helmet with the Shok-SpotR is unlikely to meet FMVSS No. 218. The standard at S5.5 prohibits rigid projections on the outside of a helmet shell except those "required for operation of essential accessories." In past interpretations, we stated that snaps for visors or face shields were considered required for operation of essential accessories while helmet lights were not. We cannot conclude that the Shok-SpotR is required for operation of essential accessories. Furthermore, S5.5 provides that the projection, if permitted, "shall not protrude more than 0.20 inch (5 mm [millimeters])."By our measurements, at the thickest point, the Shok-SpotR protrudes approximately 6 mm from the helmet shell. If a new motorcycle helmet to which Shok-SpotR is attached could not comply with FMVSS No. 218, a manufacturer of a new motorcycle helmet could not certify or sell the helmet.

    FMVSS No. 218 applies to new motorcycle helmets and would not apply to the Shok-SpotR if it were sold in the "aftermarket" to helmet owners. However, while no FMVSS would apply in this situation, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C.  30118-30121 concerning the recall and remedy of products with safety-related defects. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Whether it is legal for a person to operate a motorcycle while wearing a helmet with the Shok-SpotR attached is not a Federal question, but a question to be answered under the laws of each jurisdiction in which Shok-SpotR is used.

    There is another provision in our statute of which you should be aware. Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 49 U.S.C.  30122, which states: "A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative . . . any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard . . . . " It appears unlikely from the nature of your product that it would be attached by commercial businesses instead of helmet owners. However, if your product were installed on helmets by a manufacturer, distributor, dealer or motor vehicle repair business, that could constitute a potential violation of the "make inoperative" provision of  30122.

    Section 30122 does not apply to individual owners. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, it is NHTSAs policy to discourage motorcycle helmet users from modifying their helmets.

    We are returning to you the sample of the Shok-SpotR you enclosed with your letter. If you have any further questions, please feel free to contact us at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    ref:218
    d.11/16/04